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Application - Permit
Garfield County No. Building & Sanitation Department 108 8th Street, Suite #401 Glenwood Springs, Co. 81601 Office 945-8212 Inspection Line 384-5003 Job Address: Range97,T5,Sect15 Locality: 2137-153-00-009 Use of Building: Natural gas meteing equipment Owner: Chevron USA/ Enterprise Products (lease) Contractor: K & S Steel Builders I Amount of Permit: $1,713.61 Date: \ \ -jD-o:t-CWlU~L \\f)) Clerk: _· -'-'j--'--1 U-'-lt-"'-ll o_r __ I 2 3 4 GARFIELD COlNTY BUILDING PERM IT APPLI CA TION I 08 8th Stre et, Suite 40 I, Glen wood Springs, Co 8 I 60 I Phone: 970-945-8212 I Fax: 970-384-3470 I In spe ct ion Line: 970-384-5003 www.garfie ld-county .co m Parcel No: 2137-153-00-009 Job Address: 39 38' 46 .149" -10816' 22 .244" Wl2 NW114 Sec 3 T5S R7W 6th PM Lot No: NA Block No: NA Subd./ Exemption : NA Owner: Chovton us Inc .. lessee Enterptisa Products Address 27991 CR 5, Rifle, CO 81650 Ph: 970-878-0188 Wk Ph; 5 Contractor: K&S Steel Bu i lders Address 62 August Lane. Oahloneoa . GA 30533 Ph: 866-653-8242 Alt Ph : 404-456-6518 6 Architect I Engineer : Uder Liang. Steelwiso LL C Address an• Y£t•• Drive, Sua. '35, westmlnlw, co SOOl 1 Ph : 303-825-2635 All Ph : 7 Sq. Ft. of Building: 2700 Sq. Ft. of Lot: 39,116.9 Height : 12 No. of Floors: 1 8 Use of Building: Building to house 'im!ural QJIS metering equipment.""> 9 Describe Wo rk : set pre-fabricaterm&ter house ""') 10 Class of Work : :KNew o Alteration o Addition 11 Garage: NA Septic: NA o Attache d 0 Detached o !SDS oCommunity 12 Driveway Permit: NA as per J Mall Owners va lu ati on of Wo rk: s 63,000 NOTICE ~. lhis application for a Building Pennit must be signed by th e Ownerofthe property , described above, or an authori,.e d agent. If the signa ture below is not tha t of the Owner, a separate lener of authority , signed by the Owner, must be provid ed with this Appli cation. I.uol Acce<s. A Building Permit cannot be issued without proo f oflegal and adequate access to the property for purposes of inspections by the Building Department. Orner Permits. Multiple separate permi ts may be required: (I) Sta te Electrical Permit, (2) County ISDS Permi~ (3) another permit required for use on the property identified above, e.g. State or County Highw ay/ Road Acce ss or a State WastewaJer Di sc harge Pennit. Void Prrmit, A Building Perm it becomes null and •·oid if th e work authorized is not commenced within 180 days of the dale of issuance and if work is suspended or abandoned fo r a period of 180 day~ after commencement . CERTI FICATION I hereby certify that I have read this Application and that the information contain ed abov e is ll'lle and correct. I understan d that the Building Depanment accepts the Application, along with the plans nnd apccifieation s and other data .submitted by me o r on my beba.lf (sub nUnals}, based upoll my cenificaLiun as to ac~uracy. Assuming completeness of the submittals and approval of this Application, a Building Pennit will be issued granting permission to me, as Owne r, to construc t the strucrure(s) and facilities detailed on the subminal s reviewed by the Building Department. In consideration of the issuance of the Building Permit, I agree thotl and my agents will comply with provisions of any federal , state or local law regulatin g the work and the Garfield County Building Code, IS OS regulations and applicable land use regulations (County Regulation(s)). I acknowledge that the Building Perm it may be suspended or re.-oked , upon notice from the County, if the location, cons tl'llc ti on or usc of the structure(s) and facility(ie s), de scribed abov e, are not in com pliance with County Regulation(•) or any other applicable law . I hereby grant pennission to the Bui ldi ng Department to enter the property, described abov e, to inspect the work . I funher ..-:knowledge that the issuance of the Bui ld ing Permit does not prevent the Building Official from: (I) requiring the correctio n of errors in the sub mi ttals, if any, discovered afte r issuance; or (2) stopping constructioo or use ofthc sll'llcture(s) or fac il ity(ies) if such is in vio lation of County Regul ation(s) or any other applicable Ja w. Review of this Application, including submittals, an d inspections of the wack by the Build ing Dcpanment do not constitute an acceptance of responsibility or liability by the County of error., omissions or discrepancies. As the Owner, I acknowledge that responsibility for compliance with federal , state and local laws and County Regulat ions rest with me and my authorized agen ts, inc luding wi thou t limitation my architect design er, enginee r and/ or builder. I HERE BY ACK:-IOWLEDO E THAT I HAVE REA D ANO UI\DERSTAND TilE NOTICE & CE RTI FICATION ABOVE: ~~ tu/L( /o7 OW ER S GNA TURE .-DATE.- STAFF USE O NLY Special Conditions: Permit Fcc: ) 1 o :>as- Manu home Fee: ~ M ise Fees: I O CC Group: l r---\ Const Typ~ 6 I Zoning: Setbacks: BLDG DEPT: !1\ \Dt --DATE APPRQ\\\\.\ DATE v ...., \{)~ ... tS~.., 64ctO g'{('}.l\- ~0 ~ The following items are required by Garfield County for a final Inspection: I) A final Electrical Inspection from the Colorado State Electrical Inspector. 2) Permanent address assigned by Garfield County Building Department and posted at the structure and where readily visible from access road. 3) A finished roof; a lockable building; completed exterior siding; exterior doors and windows installed; a complete kitchen with cabinets, sink with hot & cold running water, non-absorbent kitchen floor covering, counter tops and finished walls, ready for stove and refrigerator; all necessary plumbing. 4) All bathrooms must be complete, with washbowl, tub or shower, toilet, hot and cold running water, non-absorbent floors, walls finished, and privacy door. 5) Steps over three (3) risers, outside or inside must be must have handrails. Balconies and decks over 30" high must be constructed to aii!BC and IRC requirements including guardrails. 6) Outside grading completed so that water slopes away from the building; 7) Exceptions to the outside steps, decks, grading may be made upon the demonstration of extenuating circumstances., i.e. weather. Under such circumstances A Certificate of Occupancy may be issued conditionally. 8) A final inspection sign off by the Garfield County Road & Bridge Department for driveway installation, where applicable; as well as any final sign off by the Fire District, and/or State Agencies where applicable. A CERTIFICATE OF OCCUPANCY (C.O.) WILL NOT BE ISSUED UNTIL ALL THE ABOVE ITEMS HAVE BEEN COMPLETED. A C.O. MAY TAKE UP TO 5 BUSINESS DAYS TO BE PROCESSED AND ISSUED. OWNER CANNOT OCCUPY OR USE DWELLING UNTIL A C.O. IS ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATING PREMISES UNTIL ABOVE CONDITIONS ARE MET. I understand and agree to abide by the above conditions for occupancy, use and the issuance of a C.O. for the building identified in the Building Permit. /0/fh/oJ DATE Bapplicationseptember2007 VALUATION FEE DETERMINATION Applicant Address Date ~C;;:.h::::e.:,:ve::Oro~n'===----------Subdivision Sec 3 T5SR7W LotJBlock ..:;1:::1/:;:;5:;;/2;00::;0:;;7 :..::._.:..:..._ _________ Contractor Finished (Livable Area): Main Upper Lower Other Total Basement: Unfinished Square Feet Valuation Conversion of Unfinished to Finished Total Valuation Garage: Valuation Crawl Space Valuation Decks/ Patios Covered Open Valuation Type of Construction: Occupancy: F-1 Valuation Total Valuation sf sf sf sf X $74.68 0 sf sf X $41.00 sf X $33.68 sf X $18.00 sf X $9.00 sf X $24.00 sf X $12.00 Commercial 2700 sf X $39.88 sf X sf X sf X sf X sf X K&S Steel Builders 0.00 0.00 0.00 0.00 0.00 107,676.00 107,676.00 GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQillREMENTS FOR CONSTRUCTION OF COMMERCIAL OR MULTI-FAMILY RESIDENTIAL BUILDINGS Including NEW CONSTRUCTION ADDITIONS AL TERA TI.ONS And MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. When reviewing a plan and it's discovered that required information has not been provided by the applicant, this will result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor shall be required to provide this information before the plan review can proceed. Other plans that are in line for review may be given attention before the n.ew ' information may be reviewed after it has been provided to the Building Department. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a plan review. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. Any project with more than ten (10) occupants requires the plans to be sealed by a Colorado Registered Design Professional. To provide for a more understandable plan and in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and during design. Plans to be included for a Building Permit must be on draft paper at least 18"x 24"" and drawn to scale. Plans must include a floor plan, a concrete footing and foundation plan, elevations all sides with decks, balcony steps, hand rails and guard rails, windows and doors, including the finish grade and original grade line. A section showing in detail, from the bottom of the footing to the top of the roof, including re-bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheeting, house-rap, (which is required), siding or any approved building material. Engineered foundations may be required. Check with the Building Department. A window schedule. A door schedule. A floor framing plan, a roofing framing plan, roof must be designed to withstand a 40 pound per square foot up to 7,000 feet in elevation, a 90 M.P.H. windspeed, wind exposure B or C, and a 36 inch frost depth. All sheets need to be identified by number and indexed. All of the above requirements must be met or your plans will be returned. All plans submitted must be incompliance with the 2003 IBC, !PC, IMC and IFGC. Applicants are required to indicate appropriately and to submit completed checklist at time of application for a permit: I. Is a site plan included that identifies the location of the proposed structure, additions or other buildings, setback easements, and utility easements showing distances to the property lines from each corner of the proposed structure prepared by a licensed surveyor and has the surveyors signature and professional stamp on the drawing? Slopes of 30% or more on properties must be show on site plan. (NOTE: Section l 06.2) Any site plan for the placement of any portion of a structure within 50 ft. of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyors signature and professional stamp on the drawing. Any structure to be built within a building envelope of a lot shown on a recorded subdivision plat, shall include a copy of the building envelope as it is shown on the final plat with the proposed structure located within the envelope. Y es_:_X,____ 2. Does the site plan when applicable include the location of the I.S.D.S. (Individual Sewage Disposal System) and distances to the property lines, wells (on subject property and adjacent properties), streams or water courses? This information must be certified by a licensed surveyor with their signature and professional stamp on the design. Yes No Not necessary for this project _X __ 3. Does the site plan indicate the location and direction of the State, County or private road accessing the property? Yes X 4. Is the I.S.D.S. (Individual Sewage Disposal System) designed, stamped and signed by a Colorado Registered Engineer? 2 Yes --No Not necessary for this project_X __ 5. Are the plans submitted for application review construction drawings and not drawings that are stamped or marked identifying them as "Not for construction, for permit issuance only", "Approval drawings only", "For permit issuance only" or similar language? Yes X No__ Not necessary for this project __ _ 6. Do the plans include a foundation plan indicating the size, location and spacing of all reinforcing steel in accordance with the uniform building code or per stamped engineered design? Yes_X__ No Not necessary for this project __ 7. If the building is a pre-engineered structure, is there a stamped, signed engineered foundation plan for this building? Yes_X__ No__ Not necessary for this project __ 8. Do the plans indicate the location and size of ventilation openings for under floor crawl spaces and the clearances required between wood and earth? Yes__ No__ Not necessary for project_X __ 9. Do the plans indicate the size and location of the ventilation openings for the attic, roof joist spaces and soffits? Yes_X__ No__ Not necessary for this project __ I 0. Do the plans include design loads as required under the IBC or IRC for roof snow loads, (a minimum of 40 pounds per square foot in Garfield County)? Yes_X__ No__ Not necessary for this project __ II. Do the plans include design loads as required for floor loads under the IBC or JRC? Yes__ No__ Not necessary for this project---)L_ CipAVEL F'I.Dofl.. 12. Does the plan include a building section drawing indicating foundation, wall, floor, and roof construction? Yes_X__ No__ Not necessary for this project __ 13. Is the wind speed and exposure design included in the plan? Yes_X__ No__ Not necessary for this project __ · 14. Does the building section drawing include size and spacing of floor joists, wall studs, ceiling joists, roof rafters or joists or trusses? Yes_X__ No__ Not necessary for this project __ 15. Does the building section drawing or other detail include the method of positive connection of all columns and beams? Yes_X__ No__ Not necessary for this project __ 3 16. Does the elevation plan indicate the height of the building or proposed addition from the undisturbed grade to the midpoint between the ridge and eave of a gable or shed roof or the top of a flat roof? (Check applicable zone district for building height maximum) Yes_X__ No__ Not necessary for this project __ 17. Does the plan include any stove or zero clearance fireplace planned for installation including make and model and Colorado Phase II certifications or Phase II EPA certification? Yes No Not necessary for this project_X __ 18. Does the plan include a masonry fireplace including a fireplace section indicating design to comply with the IBC or lRC? Yes__ No__ Not necessary for this project_X __ 19. Does the plan include a window schedule or other verification that egress/rescue windows from sleeping rooms and/or basements comply with the requirements of the IBC or IRC? Yes No Not necessary for this project_x __ 20. Does the plan include a window schedule or other verification that windows provide natural light and ventilation for all habitable rooms? Yes__ No__ Not necessary for this project_X __ 21. Do the plans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and specify safety glazing for these areas? Yes__ No__ Not necessary for this project_X __ 22. Do the plans include a complete design for all mechanical systems planned for installation in this building? Yes__ No Not necessary for this project._X __ 23. Have all areas in the building been accurately identified for the intended use? (Occupancy as identified in the IBC Chapter 3) Yes_X__ No__ Not necessary for this project __ _ 24. Does the plan indicate the quantity, form, use and storage of any hazardous materials that may be in use in this building? Yes__ No__ Not necessary for this project_X __ 25. Is the location of all natural and liquid petroleum gas furnaces, boilers and water heaters indicated on the plan? Yes__ No__ Not necessary for this project_x __ 4 26. Do the plans indicate the location and dimension of restroom facilities and if more than four employees and both sexes are employed, facilities for both sexes? Yes__ No__ Not necessary for this project_X __ 27. Do the plans indicate that restrooms and access to the building are handicapped accessible? Yes__ No__ Not necessary for this project_X __ 28. Have two (2) complete sets of construction drawings been submitted with the application? Yes X No 29. Have you designed or had this plan designed while considering building and other construction code requirements? Yes_X__ No__ Not necessary for this project __ 30. Does the plan accurately indicate what you intend to construct and what will receive a final inspection by the Garfield County Building Department? Yes_X__ No __ 31. Do your plans comply with all zoning rules and regulations in the County related to your zone district? For comer Jots see supplemental section 5.05.03 in the Garfield County Zoning Resolution for setbacks. Yes X No. __ _ 32. Do you understand that approval for design and/or construction changes are required prior to the implementation of these changes? Yes_x__ No __ 33. Do you understand that the Building Department will collect a "Plan Review" fee from you at the time of application and that you will be required to pay the "Permit" fee as well as any "Septic System" or "Road Impact" fees required, at the time you pick up your building permit? YesX No ---- 34. Are you aware that you are required to call for all inspections required under the IBC including approval on a final inspection prior to receiving a Certificate of Occupancy and occupancy of the building? Yes X No ---- 35. Are you aware that the Permit Application must be signed by the Owner or a written authority be given for an Agent and that the party responsible for the project must comply with the Uniform Codes? Yes_X__ No __ 5 36. Are you aware that you must call in for an inspection by 3:30 the business day before the requested inspection in order to receive it the following business day? Inspections will he made between 7:30a.m. and 3:30p.m. Monday through Friday. Inspections are to be called in to 384-5003. 37. Are you aware that requesting inspections on work that is not ready or not accessible will result in a $50.00 re-inspection fee? Yes X No. ___ _ 38. Are you aware that prior to issuance of a building permit you are required to show proof of a driveway access permit or obtain a statement from the Garfield County Road & Bridge Department stating one is not necessary? You can contact the Road & Bridge Department at 625-860 I. Yes X No ___ _ 39. Do you understand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perform installations and hookups? The license number will be required at time of inspection. YesX No ___ _ 40. Are you aware, that on the front of the building permit application you will need to fill in the Parcell Schedule Number for the lot you are applying for this permit on prior to submittal of the building permit application? Your attention in this is appreciated. YesX No ___ _ 41. Do you know that the local fire district may require you to submit plans for their review of fire safety issues? Yes X No (Please check with the building department about this requirement) 42. Do you understand that if you are planning on doing any excavating or grading to the property prior to issuance of a building permit that you will be required to obtain a grading permit? Yes _X:..:_ __ _ 43. Did an Architect seal the plans for your commercial project? State Law requires any commercial project with occupancy of more than 10 persons as per Section 1004 of the IBC to prepare the plans and specifications for the project. Yes X No NotNecessaryforthisproject ____ _ I hereby acknowledge that I have read, understand, and answered these questions to the best of my ability. f?Jg111~ 10//G !u) 6 Signature Date Phone: SvS'"· 'i 47-5,4.(4 (days); ~c6'. '147 _ '1444-(evenings) Project Name: EPCO gas metering house P · t Add W/2 NW/4 Sec 3 T5S R7W 6th PM roJeC ress: _______________ _ Note: If you answered "No" on any of these questions you may be required to provide this information at the request of the Building Official prior to beginning the plan review process. Delays in issuing the permit are to be expected. Work may not proceed without the issuance of the permit. *If you have answered "Not necessary for this project" on any of the questions and it is determined by the Building Official that the information is necessary to review the application and plans to determine minimum compliance with the adopted codes, please expect the following: A. The application may be placed behind more recent applications for building permits in the review process and not reviewed until required information has been provided and the application rotates again to first position for review. B. Delay in issuance of the permit. C. Delay in proceeding with construction. *If you answered "No" to this question the circumstances described in the question could result in a "Stop Work Order" being issued or a "Certificate of Occupancy" not being issued. Bpcomm October 2006 7 PLAN REVIEW CHECKLIST Applicant c< \-\ e \I lZ-<2 N Building ~ngineered Foundation _0riveway Permit -t,Lsurveyed Site Plan 1 '1 ooo ArUt.e~ n .. c; , t-o s~"*· .,..., 4-Septic Permit and Setbacks c ~ t4::-Gradeffopography 30% ~Attach Residential Plan Review List ~ Minimum Application Questionnaire 4 Subdivision Plat Note s -~/{~:Fire Department Review j_Valuation Determination/Fees Red Line Plans/Stamps/Sticker 4 Attach Conditions --t.bpplication Signed ~Ian Reviewer To Sign Application -.0arcel/Schedule No. ~ 40# Snow load Letter-Manf. Hms. /Soils Repmt GENERAL NOTES: Date __ _,_\_..__\ -----Js=._...-_o-"-'\.-'---- Planning/Zoning /Property Line Setbacks 30ft Stream Setbacks ~Flood Plain ~uilding Height ____LL'Z oning Sign-off ~ad Impact Fees v1i"oA/DRC Approval __ Grade/Topography 40% __0ianning Issues ~bdivision Plat Notes TRIGO N O ,-ft.t···~ .. , .. , .. , .. v. n· ,. 1i Th ~ ~~~·-:-~.::;'.('.:.:, .. · · . rOUT rlpellne 0 e rUiure ENG I NE E H I NO • PROCURE M EN l •CO N STRUC T ION Garfield County Building Department 180 81h Street, Suite 401 Glenwood Springs, CO 81601 To Whom It May Concern : August 24, 2007 Please be advised that on August 9, 2007 Catherine Dickert of Trigon EPC, LLC consulted with Jake Mall of Garfield County Road and Bridge regarding a driveway perm it for Enterprise Products' meter houses in sect ion 3, T5S , R97W. After hearing the project description and location , Mr. Mall stated that no driveway permit was required . Mr. Mall said he would call the Building Department and inform them that no driveway permits were required for this project. Sincerely, ~J/u~rze_ Q;u:J Catherine Dickert Permitting Coordinator Trigon EPC , LLC 0 E N V E R 0 U R A N G 0 150 Tech Cen ter Drive • Durango, Colorado 8 1301 • 970/385-9 100 ·Fax 970/385-9 107 • www.trigon-epc.corn Oil & Gas Pipelines Facilities Swveying Permitting Land Services Eng inee rin g Design Procurement Constru ction Inspectio n · Your P.ipeline To The Future . ENGINEERING •PROCU RE ME NT•C 0 NS TRU CTIO N August 31 , 2007 Garfield County Building Department 180 81h Street, Suite 401 Glenwood Springs, CO 81601 To Whom It May Concern: Please find the enclosed Access and Cost Reimbursement Agreement and addendum letter. This agreement, specifically Article 5 on page 5, and letter show that Enterprise Products Partners (EPCO) has permission from Chevron to locate and access buildings per the included plot plan on Chevron property . Please contact me if you have any questions. Sincerely, ,l . I I' 0 ~· ;'!Ao..tf .~ --... ~n Malone, P.E. Project Engineer Trigon EPC, LLC 970-759-6490 Phone 970-375-6806 Fax 970-385-9 107 Cell 9 70-759-6490 Yo ur Pipeline To Til e Future TRIGON (} Ryan Malone Project Enginee r 150 Tech Center Drive S u ite E Durango, CO 8 130 1 rmalo n e@trigon -epc.com Chevron • August 29, 2007 Mr. Ryan Malone Piceance Creek Pipeline, LLC P.O. Box 4324 Houston TX 77002-4324 Dear Mr. Malone: Tyler S. Hahn Commercial Manager MidContinent/Alaska SBU Chevron North Amerl<a Exploration and Productlort 1400 Smith Street Houston, TX 77002 Per your request, this letter con !inns that Chevron U.S.A. Inc. consents to the revision of the Plot Plan attached as part of Exhibit A to the Access and Cost Reimbursement Agreement dated June 13, 2007 between Chevron U.S.A. Inc. and Piceance Creek Pipeline, L.L.C. ("Agreement"). The attached Plot Plan may be substituted for the Plot Plan in Exhibit A ofthe Agreement. All other terms ofthe Agreement remain in full force and effect. Very truly yours, ~~ Tyler~ Attorney-in-fact Cc: Mr. Mike Mohror Enterprise Gas Processing, L.L.C. Kevin Goldstein Chevron U.S.A. Inc. ACCESS AND COST REIMBURSEMENT AGREEMENT HOUSTON: 022384.00057: I 170348vl3 BY AND BETWEEN CHEVRON U.S.A. INC. AND PICEANCE CREEK PIPELINE, LLC DATED AS OF JUNE 13,2007 ACCESS AND COST REIMBURSEMENT AGREEMENT This Access and Cost Reimbursement Agreement ("Agreemenf') is made and entered into this 13'h day of June, 2007 (the "Effective Date"), by and between CHEVRON U.S.A. INC., a Pennsylvania corporation ("Shipper"), and PICEANCE CREEK PIPELINE, LLC, a Delaware limited liability company ("Gatherer"). Shipper and Gatherer may be referred to herein individually as "Party," or collectively as "Parties." RECITALS A. Shipper produces Gas in the Piceance Basin from wells located m Garfield County, Colorado. B. Enterprise Gas Processing, LLC ("Processor"), an Affiliate of Gatherer, is currently constructing a cryogenic Gas processing plant near Meeker, Colomdo (the "Meeker P/anf'). C. Shipper plans to construct a thirty inch (30") diameter, approximately eight (8) mile Gas gathering pipeline system ("Shipper's Gathering Pipeline"), in Garfield County, Colomdo, that will receive Gas produced by Shipper in the Piceance Basin and, will gather Gas to a thirty-six inch (36") diameter, approximately forty-eight (48) mile Gas gathering pipeline system, located in Garfield County, owned and operated by Gatherer, that gathers Gas to the Meeker Plant (the "Piceance Creek Gathering System"). D. Shipper and Processor are in discussions that may result in the Parties entering into an agreement pursuant to which Processor will provide gathering, conditioning, treating, compression and processing services to Shipper (a "Services Agreemenf'). E. Shipper would like Gatherer to immediately begin to construct, install, interconnect, and operate the measurement facilities that would be required for Shipper to deliver Gas to Gatherer under a Services Agreement. F. Shipper and Gatherer desire to set forth in this Agreement, the terms and conditions under which Gatherer will construct, install, and interconnect the measurement and interconnect facilities described on Exhibit A (the "Measurement Facilities") at the proposed point of interconnection between Shipper's Gathering Pipeline and the Piceance Creek Gathering System. NOW THEREFORE, in considemtion of the premises and mutual covenants set forth in this Agreement, the Parties agree as follows: ARTICLE 1: DEFINITIONS 1.1 Affiliate. Any Person that directly or indirectly through one or more intermediaries, controls or is controlled by or is under common control with another Person. The term "control" (including its derivatives and similar terms) shall mean possessing the power to direct or cause the direction of the management and policies of a Person, whether through HOUSTON: 022384.00057: 1170348vl3 ownership, by contract, or otherwise. Any Person shall be deemed to be an Affiliate of any specified Person if such Person owns fifty percent (50%) or more of the voting securities of the specified Person, if the specified Person owns fifty percent (50%) or more of the voting securities of such Person, or if fifty percent (50%) or more of the voting securities of the specified Person and such Person are under common control. 1.2 Agreement. As defined in preamble of this Agreement. 1.3 Effective Date. As defined in preRmble ofthi~A.greettle~t. 1.4 Gas. Any mixture of gaseous hydrocarbons, consisting essentially of methane and heavier hydrocarbons and inert and noncombustible gases that are extracted from the subsurface of the earth. 1.5 Gatherer. As defined in preamble of this Agreement. 1.6 Gatherer Indemnified Parties. Gatherer, its successors and permitted assigns, and their respective Affiliates, subsidiaries, shareholders, members, partners, officers, directors, employees, and agents. 1. 7 Measurement Facilities. As defined in Recital F of this Agreement. 1. 8 Meeker Plant. As defmed in Recital B of this Agreement. 1.9 Party. As defmed in preamble of this Agreement. 1.10 Parties. As defmed in preamble of this Agreement. 1.1 I Person. An individual, a corporation, a partnership, a limited liability company, an association, a joint venture, a trust, an unincorporated organization, or any other entity or organization, including a government or political subdivision or an agency or instrumentality thereof.· 1.12 Piceance Creek Gathering System. As defmed in Recital C of this Agreement. 1.13 Processor. As defmed in Recital B of this Agreement. 1.14 Reimbursable Costs. As defmed in Section 3.4 of this Agreement. 1.15 Services Agreement. As defmed in Recital D of this Agreement. 1.16 Shipper. As defmed in preamble of this Agreement. 1.17 Shipper Indemnified Parties. Shipper, its successors and permitted assigns, and their respective Affiliates, subsidiaries, shareholders, members, partners, officers, directors, employees, and agents. 1.18 Shipper's Gathering Pipeline. As defmed in Recital C of this Agreement. Page 2 HOUSTON: 022384.00057: 1170348vl 3 1.19 Target Completion Date. As defined in Section 3.1 of this Agreement. 1.20 Term. As defmed in Section 2.1 of this Agreement. ARTICLE 2: TERM Section 2.1 Term. This Agreement shall become effective on the Effective Date and, unless terminated earlier in accordance with the terms and conditions of this Agreement, shall continue in full force and effect through the earlier of (i) ninety (90) days after completion, installation and intercormection of the Measurement Facilities or (ii) in the event the Parties successfully negotiate acceptable terms, the effective date of a Services Agreement. Section 2.2 Shipper Early Termination. Shipper may terminate this Agreement with fifteen ( 15) days prior written notice to Gatherer. Section 2.3 Effect of Termination. Upon expiration or termination of this Agreement for any reason other than the execution of a Services Agreement by and between Shipper and Processor, then, subject to Shipper's reimbursement obligation pursuant to Section.3.4 below, Gatherer shall transfer and assign to Shipper (i) all existing materials and equipment in Gatherer's possession pertaining to the Measurement Facilities and (ii) all then existing contracts and agreements to the extent, and only to the extent, pertaining to the Measurement Facilities. ARTICLE3: DESIGN AND CONSTRUCTION OF MEASUREMENT FACILITIES Section 3.1 Construction of Measurement Facilities. Gatherer, at its sole cost and expense, but subject to Shipper's reimbursement obligation pursuant to Section 3.4 below, shall design, construct, and install the Measurement Facilities in accordance with (i) the construction plans, drawings and equipment list set forth in Exhibit A attached hereto and made a part hereof for all purposes, (ii) the requirements set forth in Article 4 hereof and (iii) industry accepted practices, and, subject to the terms and conditions of this Agreement, shall use commercially reasonable efforts to have the Measurement Facilities installed, interconnected and ready to begin operating no later than November 1, 2007 (the "Target Completion Date"). Shipper and Gatherer shall cooperate with one another so as to enable Gatherer to meet the Target Completion Date. ····~---~-···-··- Section 3.2 Inspection and Ownership of Facilities_ Shipper shall have the reasonable right to approve the design and construction plans prior to Gatherer implementing the plans and · the right to inspect the construction and installation of the Measurement Facilities on an ongoing basis. In the event that the Parties enter into a Services Agreement, ownership and operation of the Measurement Facilities shall be set forth therein. In the event Shipper pays all of the Reimbursable Costs under this Agreement, Shipper shall own the Measurement Facilities. Section 3.3 Operation of Measurement Facilities. Gatherer shall operate the Measurement Facilities (except for the check measurement instrumentation and flow computer) as long as such facilities are connected to Gatherer's Piceance Creek Gathering System. Prior to and at any time that Gas is flowing through the Measurement Facilities into the Piceance Creek Page 3 HOUSTON: 022384.00057: 1!70348vl3 Gathering System, Shipper shall be required to have entered into, and then have in effect, an agreement with Processor and/or Gatherer which provides for gathering of Shipper's Gas on the Piceance Creek Gathering System. This Section 3.3 shall survive termination of this Agreement. Section 3.4 Reimbursement of Costs. The estimated costs to complete and install the Measurement Facilities arc attached hereto in Exhibit B. Gatherer will provide in writing to Shipper a monthly progress report of construction activities, and a comparison of actual costs to the estimated costs set forth in Exhibit B, with a description of variances. Gatherer will provide !!Otice to Shipper, as soon as Gatherer becomes aware or otherwise expectn the· flna! cost of the Measurement Facilities to exceed II 0% of the estimate set forth in Exhibit B. If (i) Gatherer and Shipper do not enter into a Services Agreement by the later of completion, installation and interconnection of the Measurement Facilities or December 31, 2007, or (ii) Shipper terminates this Agreement pursuant to Section 2.2 hereof, then Gatherer shall within sixty (60) days after either such event invoice Shipper for reimbursement of all costs and expenses incurred by Gatherer in the design, engineering, procurement, construction, and installation of the Measurement Facilities, including, without limitation, costs and expenses committed to by Gatherer but for which payment has not yet been made by Gatherer (collectively, the "Reimbursable Costs"). Such invoice shall be accompanied by actual vendor invoices and other supporting information to document such costs and expenses. Any costs and expenses incurred by Gatherer for the use of Gatherer's or any of its Affiliate's personnel and/or equipment shall be charged on the basis of the actual cost of such personnel and/or equipment, as reasonably determined and/or allocated by Gatherer. Upon payment of the Reimbursable Costs, Gatherer shall transfer ownership of the Measurement Facilities to Shipper. Section 3.5 Payment. Shipper shall make payment to Gatherer on all amounts set forth on Gatherer's invoice that are not subject to a good faith dispute within thirty (30) days after Shipper's receipt of Gatherer's invoice, provided that Shipper shall have the right, at mutually agreeable business hours, to audit the books, accounts, charts and records pertaining to the Measurement Facilities to the extent necessary to verify the accuracy of any statement, charge, or computation made with respect to Gatherer's invoice. Section 3.6 Late Payments. In the event that Shipper fails to make timely payment of any amounts when due under this Agreement, interest shall accrue on the amount due at an annual rate equal to the prime rate as published in the "Money Rates" section of The Wall Street Journal plus two percent (2%) from the date payment is due until the date payment is made. ARTICLE4: MEASUREMENT FACILITIES Section 4.1 Equipmeni and Specifications. The Measurement Facilities shall be installed in accurate working order and condition to measure Gas at all applicable measurement points in accordance with the provisions hereof and shall meet any other specified requirements of both Gatherer and Shipper, provided that any conflicting requirements shall be resolved by mutual agreement of the Parties. Section 4.2 Gas Meter Standards. Orifice meters installed in the Measurement Facilities shall be constructed in accordance with ANS!IAPI 2530 API 14.3, AGA Report No. 3, Page4 HOUSTON: 022384.00057: 1170348vl3 Orifice Metering of Natural Gas and Other Related Hydrocarbon Fluids and shall include the use of flange connections and, where necessary, straightening vanes, flow conditioners and/or pulsation dampening equipment. Ultrasonic meters installed in the Measurement Facilities shall be constructed in accordance with AGA Report No. 9, Measurement of Gas by Ultrasonic Meters, First Edition. Section 4.3 Electronic Transducer and Flow Computer Standards. If electronic transducers and flow computers are used in the Measurement Facilities, the Measurement Facilities shall be designed and constructed so that Gns con have its volume, mass and/or heat content computed in accordance with the applicable AGA standards including, but not limited to, AGA Report Nos. 3, 5, 6, 7, 8 and API 21.1 "Flow Measurement Using Electronic Metering Systems." ARTICLES: ACCESS Shipper hereby grants to, Gatherer, insofar as Shipper has the right to do so, access over, across, and under the site where the Measurement Facilities will be located, with full right of ingress and egress, for the purposes of designing, engineering and constructing the Measurement Facilities and other related underground and surface equipment necessary for the performance of Gatherer's obligations set forth in this Agreement; provided, the exercise of those rights by Gatherer will not unreasonably interfere with Shipper's lease operations or with the rights of owners in fee. All activities pennitted under this Agreement shall be performed and conducted in a careful, safe, and workmanlike manner, and in such manner as will not unduly jeopardize Shipper's personnel, property or equipment, or unreasonably interfere with Shipper and/or Shipper's lessees, licensees, and/or permittees' exploration, mining, oil shale, oil and gas, farming, ranching, land development and/or other operations on other lands in the vicinity of the Measurement Facilities. Prior to exercising any rights granted hereunder, Gatherer shall give notice of Gatherer's planned construction activities to Shipper and all other persons holding any rights, licenses, permits, easements or leases to use the surface of the land where the Measurement Facilities will be located and land used for access thereto, to the extent, and only to the extent, that Shipper has given Gatherer written notice of the identities and addresses of such persons. ARTICLE 6: NOTICES Any notice, claim or other communication provided for in this Agreement or any notice that either Party may desire to give to the other shall be in writing and shall be sent by: (i) facsimile transmission; (ii) delivered by hand; (iii) sent by United States mail with all postage fully prepaid; or (iv) by courier with charges paid in accordance with the customary arrangements established by such courier, in each of the foregoing cases addressed to the Party at the following addresses: Page 5 HOUSTON: 022384.00057: JJ70348vl3 Gatherer: Senior Vice President-Gas Processing Piceance Creek Pipeline, LLC II 00 Louisiana Houston, Texas 77002-4324 P.O. Box 4324 Fax Number: (713) 381-6628 Shipper: Chevruu U.S.A. Inc. Attention: Contract Administration 11111 South Wilcrest Boulevard Houston, Texas 77099 Fax Number: (281) 582-4231 or at such other address as either Party may at any time designate by giving written notice to the other Party. Notices, invoices, allocation statements, claims or other communications shall be deemed received as follows: (i) if delivered personally, upon delivery; (ii) if sent by United States inail, whether by express mail, registered mail, certified mail o·r regular mail, the notice shall be deemed to have been received by the close of the third (3'd) business day after the day upon which it was postmarked and sent, or such earlier time as is confirmed orally or in writing by the receiving Party; (iii) if sent by a courier service, upon delivery; or (iv) if sent by facsimile, the business day following the day on which it was transmitted and confirmed by transmission report or such earlier time as confirmed orally or in writing by the receiving Party. ARTICLE7: MISCELLANEOUS Section 7.1 Rights. The failure of either Party to exercise any right granted hereunder shall not impair nor be deemed a waiver of that Party's privilege of exercising that right at any subsequent time or times. Section 7.2 Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Texas without regard to choice of law principles. Section 7.3 Successors and Assigns. This Agreement shall not be assigned by either Party. Section 7.4 Severab!litv. If any provision of this Agreement is determined to be void or unenforceable, in whole or in part, then (i) such provision shall be deemed inoperative to the extent it is deemed void or unenforceable and (ii) the Parties agree to enter into such amendments to this Agreement in order to give effect to the greatest extent legally possible to the provision that is determined to be void or unenforceable and (iii) the other provisions of this Agreement in all other respects shall remain in full force and effect and binding and enforceable to the maximum extent permitted by law. Page 6 HOUSTON: 022384.00057: 1170348vl3 Section 7.5 Entire Agreement. Amendments and Waiver. This Agreement, including, without limitation, all exhibits hereto, integrates the entire understanding between the Parties with respect to the subject matter covered and supersedes all prior understandings, drafts, discussions, or statements, whether oral or in writing, expressed or implied, dealing with the same subject matter. This Agreement may not be amended or modified in any manner except by a written document signed by the Parties that expressly amends this Agreement. No waiver by any Party of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided. No waiver shall be dfective urJ~s; made lit writing and signed by the Party to be charged with such waiver. Section 7.6 Gatherer Indemnification. GATHERER AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD THE SHIPPER INDEMNIFIED PARTIES HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING REASONABLE ATIORNEY FEES), EXPENSES, FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION TO THE EXTENT ARISING OUT OF, OR IN ANY WAY CONNECTED WITH GATHERER INDEMNIFIED PARTIES, ITS CONTRACTORS AND/OR SUB-CONTRACTORS CONDUCTING ACTIVITIES OR OPERATIONS UNDER, OR IN THE PERFORMANCE OF, THIS AGREEMENT, OR OTHER ACTIVITIES, DURING THE TERM OF THIS AGREEMENT, ON OR IN THE· VICINITY OF THE SITE WHERE THE MEASUREMENT FACILITIES ARE TO BE LOCATED, FOR (I) INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING, BUT NOT LIMITED TO, SHIPPER INDEMNIFIED PARTIES OR A THIRD PARTY), (II) LOSS OF OR DAMAGE TO PROPERTY (INCLUDING, BUT NOT LIMITED TO, PROPERTY OF SHIPPER INDEMNIFIED PARTIES OR ANY THIRD PARTY), (Ill) VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS, INCLUDING, BUT NOT LIMITED TO, CERCLA AND RCRA, (IV) CLAIMS AGAINST SHIPPER INDEMNIFIED PARTIES FOR POLLUTION, SEEPAGE OR CONTAMINATION, INCLUDING CLEAN UP COSTS ARISING FROM GATHERER'S PERFORMANCE OF THIS AGREEMENT OR GATHERER'S OTHER ACTIVITIES, DURING THE TERM OF THIS AGREEMENT, ON OR IN THE VICINITY OF THE SITE WHERE THE MEASUREMENT FACILITIES ARE TO BE LOCATED, (V) CLAIMED OR ACTUAL INFRINGEMENT OR CONTRIBUTORY INFRINGEMENT OF ANY PATENT, OR INFRINGEMENT OF ANY COPYRIGHT OR TRADEMARK, OR MISAPPROPRIATION OF ANY TRADE SECRET ARISING OUT OF OR IN ·----CONI\f:E'cfiON WITH PERFORMANCE o:F THIS AGREEMENT BY -GATHERER OR - . (VI) LIENS PLACED UPON .. THE MEASUREMENT FACILITIES OR ANY . PROPERTY OF SHIPPER INDEMNIFIED PARTIES DUE TO GATHERER'S FAILURE TO PAY ITS DEBTS. THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW. Section 7.7 Shipper Indemnification. SHIPPER AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD THE GATHERER INDEMNIFIED PARTIES HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING REASONABLE ATTORNEY FEES), EXPENSES, Page 7 HOUSTON: 022384.00057: 1170348vl3 FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION TO THE EXTENT ARISING OUT OF, OR IN ANYWAY CONNECTED WITH SHIPPER INDEMNIFIED PARTIES, ITS CONTRACTORS AND/OR SUB-CONTRACTORS CONDUCTING ACTIVITIES OR OPERATIONS UNDER, OR IN THE PERFORMANCE OF, THIS AGREEMENT, OR OTHER ACTIVITIES, DURING THE TERM OF THIS AGREEMENT, ON OR IN THE VICINITY OF THE SITE WHERE THE MEASUREMENT FACILITIES ARE TO BE LOCATED, FOR (I) INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING, BUT NOT LIMITED TO, GATHERER INDEMNIFIED PARTIES OR A THIRD PARTY), (II) LOSS OF OR DAMAGE TO PROPERTY (INCLUDING, BUT NOT LIMITED TO, PROPERTY OF GATHERER INDEMNIFIED PARTIES OR ANY THIRD PARTY), (III) VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS, INCLUDING, BUT NOT LIMITED TO, CERCLA AND RCRA, (IV) CLAIMS AGAINST GATHERER INDEMNIFIED PARTIES FOR POLLUTION, SEEPAGE OR CONTAMINATION, INCLUDING CLEAN UP COSTS ARISING FROM SHIPPER'S PERFORMANCE OF THIS AGREEMENT OR SHIPPER'S OTHER ACTIVITIES, DURING THE TERM OF THIS AGREEMENT, ON OR IN THE VICINITY OF THE SITE WHERE THE MEASUREMENT FACILITIES ARE TO BE LOCATED, (V) CLAIMED OR ACTUAL INFRINGEMENT OR CONTRIBUTORY-INFRINGEMENT OF ANY PATENT, OR INFRINGEMENT OF ANY COPYRIGHT OR TRADEMARK, OR MISAPPROPRIATION OF ANY TRADE SECRET ARISING OUT OF OR IN CONNECTION WITH PERFORMANCE OF THIS AGREEMENT BY SHIPPER OR (VI) LIENS PLACED UPON THE MEASUREMENT FACILITIES OR ANY PROPERTY OF GATHERER INDEMNIFIED PARTIES DUE TO SHIPPER'S FAILURE TO PAY ITS DEBTS. THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW. Section 7.8 Joint Liability. Notwithstanding anything to the contrary herein contained, if it is determined that any liability, loss, damage, injury, cost, expense, fme, claim, demand or cause of action that is subject to indemnification pursuant to either Section 7.6 or 7.7 hereof arises out of the activities, operations or perfonnance of both the Shipper Indemnified Parties and the Gatherer Indemnified Parties, then Gatherer and Shipper shall be jointly liable for any such liability, loss, damage, injury, cost, expense, fme, claim, demand or cause of action in proportion to the relative degree of fault or negligence of the Gatherer Indemnified Parties and the Shipper Indemnified Parties, respectively. Section 7.9 Survival of Indemnification.--The mdemru!ies provided herein shall survive termination of this Agreement until such time as ·the Measurement Facilities are disconnected from the Piceance Creek Gathering System or as may otherwise be provided in any Services Agreement entered into between the Parties. Section 7.10 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN CONTAINED, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED BY SUCH PARTY RESULTING FROM OR ARISING OUT OF THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, FOR THE BREACH THEREOF OR UNDER ANY OTHER THEORY OF LIABILITY, Page 8 HOUSTON: 022384.00057: I 170348vl3 WHETHER TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, WARRANTY, INDEMNITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, INCREASED COST OF OPERATIONS, LOSS OF PROFIT OR REVENUE, OR BUSINESS INTERRUPTIONS. IN FURTHERANCE OF THE FOREGOING, EACH PARTY RELEASES THE OTHER PARTY AND WAIVES ANY RIGHT OF RECOVERY FOR SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED BY SUCH PARTY RELATED TO TillS AGREEMENT REGARDLESS OF WHETHER ANY SUCH DAMAGES ARE ·CAUSED BY TilE OTHER PARTY'S NEGLIGENCE (AND REGARDLESS OF WHETHER SUCH NEGLIGENCE IS SOLE, JOINT, CONCURRENT, ACTIVE, PASSIVE OR GROSS NEGLIGENCE), FAULT, OR LIABILITY WITHOUT FAULT. Section 7.11 Headings. The headings and captions in this Agreement have been inserted for convenience of reference only and shall not define or limit any of the terms and provisions hereof. Section 7.12 Rights and Remedies. Except as otherwise provided in this Agreement, each Party reserves to itself all rights, counterclaims, other remedies and defenses that such Party is or may be entitled to arising from or out of this Agreement or as otherwise provided by law: Section 7.13 No Partnership. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or impose a trust, fiduciary or partnership duty, obligation or liability on or with regard to any Party. Section 7.14 Rules of Construction. In construing this Agreement, the following principles shall be followed: (a) no consideration shall be given to the fact or presumption that one Party had a greater or lesser hand in drafting this Agreement; (b) examples shall not be construed to limit, expressly or by implication, the matter they illustrate; (c) the word "includes" and its syntactical variants mean "includes, but is not limited to" and corresponding syntactical variant expressions; and (d) _ the plural shall be deemed to include the singular and vice versa, as applicable . .. ··' ·.Section 7.15 .No Third Partv Beneficiaries. This Agreement is for the sole benefit of the Parties and their respective successors and permitted assigns, and shall not inure to the benefit of any other person or entity whomsoever or whatsoever, it being the intention of the Parties that no third person shall be deemed a third party beneficiary of this Agreement. Section 7.16 Further Assurances. Each Party shall take such acts and execute and deliver such documents as may be reasonably required to effectuate the purposes of this Agreement. Page 9 HOUSTON: 022384.00057: 1170348vl3 Section 7.17 No Inducements. No director, employee, or agent of any Party shall give or receive any commission, fee, rebate, gift, or entertainment of significant cost or value tn connection with this Agreement. Section 7.18 Counterpart Execution. This Agreement may be executed in any number of counterparts, each of which shall be considered and original, and all or which shall be considered one and the same instrument. S•rtion 7.1 g Confli~t of lntP.rest No tlirector, employee, or agent of either Perty will give to or receive from any director, employee, or agent of the other Party any commission, fee, rebate, gift, or entertainment of significant cost or value in connection with this Agreement. During the term of the Agreement and for two (2) years thereafter, any mutually agreeable representatives authorized by either Party may audit the applicable records of the other Party solely for the purpose of determining whether there has been compliance with this Section 7.19. The provisions of this Section 7.19 will survive termination of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. GATHERER: PICEANCE CREEK PIPELINE, LLC By:______':__1<1C1~qJ#J:::;::;:;:= __ Name: _ ___,w":.:!'O'-'il.O=::E,_M-!:'hJ~"''--'------- Title:_~5="jZ""-". \l._,t.,t.,E'--"'P,'-'=il.,_E~Sui-"'D-'=E'-"N:JTc__ ___ _ SHIPPER: CHEVRON U.S.A. INC. Page 10 HOUSTON: 022384.00057: 1170348v13 EXHIBIT A PLOT PLAN AND EQUIPMENT LIST Page II HOUSTON: 022384.00057: 1170348vl3 l! [:1] [:l] /D D 1> t::::1 West Slope Testing & Inspection LLC 3177 Glendam Dr. Grand Junction, CO 81504 Phone:970-434-6988 Cell: 970-260-2844 Date: 3-20-09 Inspection Report Client: Phil Vaughan Construction Management Inc. Project: Chevron Meter Building Address: Trail Ridge Rd. Garfield County, CO Building Permit No.: 10761 Inspection of shop fabrication or field work at job site: Field Report#! Page I of I Report: Visually inspected the high strength bolting at the main frame & end wall frame column & rafter connections. Also randomly torque tested a minimum of two bolts per connection at the main frame column & rafter connections for proper tightness using testing torque determined from Skidmore Wilhelm testing. Also verified that the rod & flange bracing was installed. After testing some of the bolts for proper tightness it was discovered that the bolting had not been properly tightened. Also some of the rod & flange bracing needed tightened. Another inspection/reinspection visit was scheduled for Thursday 3-26-09. Inspectortrechnician: Douglas E Young ----------------------·········---- West Slope Testing & Inspection LLC 3177 Glendam Dr. Grand Junction, CO 81504 Phone: 970-434-6988 Cell: 970-260-2844 Final Inspection Report Date: 3-26-09 Client: Phil Vaughan Construction Management Inc. Project: Chevron Meter Building Address: Trail Ridge Rd. Garfield County, CO Building Permit No.: 10761 Inspection of shop fabrication or field work at job site: Field Report#2 Page 1 of I Report: Reinspected the high strength bolting at the main frame & end wall frame column & rafter connections. Also randomly torque tested a minimum of two bolts per connection at the main frame & end wall frame column & rafter connections for proper tightness using testing torque determined from Skidmore Wilhelm testing. Also verified that the rod & flange bracing was installed. The high strength bolting reinspected as outlined above appeared to be in conformance with the plans for bolt size & grade, and the A325 high strength bolts appeared to be sufficiently tightened. To the best of my knowledge this completes the special inspection of the high strength bolting & steel frame details as outlined above at this building. Inspector/Technician: Douglas E Young Soils Test _________ _ Footing -----,----:-.-----:::7""----.....--:--:----- Foundation I~ 19-~~ lOW; Grout ___________ _ Underground Plumbing _____ _ Rough Plumbing ~= Framing :2~2-b-fi:S=.t_ Insulation _________ _ Roofing __________ _ Drywall ----------- ~-rt::lt1/fti4 . 7~ ~ -~ NOTES Weatherproofing __________ _ Mechanical ___________ _ Electrical Rough (State)-------- Eiectri~l ljj.J}al_(llltate) ~ Fin a~_::?-lf-~checklim~ co:~~ted?~/ihit Cert1f1cate Occupancy # """'-~:=:::'"----=-::::--::-"'5-::~= Date \7::6-lA , -~ Septic System #~~=======:::=~~== Date __________ _ Final __________ _ Other _____________ _ (continue on back) lf BUILDING PERMIT GARFIELD COUNTY, COLORADO ~ ~~~~.,;hf.'~c:·;~.·-1) . ,~ r-'_7_;c-~1: __ ,. 0 , Date Issued ... ';.,,,.: .. :' .. ' ........ : .... Zoned Area ............................... Perm•t No ...... ; .. ~;: ... " ....... ; ......... . AGREEMENT In consideration of the issuance ofthis permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structure for which this permit is granted, and further agrees that if the above said regulations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building Inspector and IMMEDIATELY BECOME NULL AND VOID. Address or Legal Description ___ cc_ __ ~-,-~---------------- Owner Contractor Setbacks Front Side Side Rear This Card Must Be Posted So It is Plainly Visible From The Street Until Final Inspection. INSPECTION RECORD Footing cr>k Driveway Foundation J _ Jtf~bf) Mil, Underground Plumbing Insulation Alfl Rough Plumbing !1//r Drywall A)fl Chimney & Vent A) 7V-- Gas Piping A)tl Final .3 J7 -D"j ~ /1)/f Septic Final ,. Framing ~'~ , (To include Roof m place a~d Windo'Ws and Doors installed). -Notes: ALL LISTED ITEMS MUST BE INSPECTED AND APPROVED BEFORE COVERING- WHETHER INTERIOR OR EXTERIOR, UNDERGROUND OR ABOVE GROUND. THIS PERMIT IS NOT TRANSFERABLE APPROVED Parcel Detail Page I of 5 Garfield County Assessor/Treasurer Parcel Detail Information .1\:;:;e:;:;oriTreasl..lrer Pmnt:rtynS<earch I Assessor Subset Query I Assessor Sales Search Cler_](_&Jsoecmder Rect:Rtion_Searcb Basic Building Characteristics I Tax Information Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs I Tax Area II Account Number I 029 II R290521 II Parcel Number II Mill Levy I II 2137153oooo9 II 28.203 I Owner Name and Mailing Address [cHEVRON USA INC I [C/0 CHEVRON TEXACO PROPERTY TAX I [POBOX285 I jHOUSTON, TX 77001 I Legal Description /SECT,TWN,RNG:l-5-97 DESC: [s2NE,S2SW,N2SE,SWSE,N2N2SESE,LOTS [5(37 .54),6(37 .82 [sECT,TWN,RNG:l0-5-97 DESC: ALL jsECT,TWN,RNG:ll-5-97 DESC: ALL jsECT,TWN,RNG:12-5-97 DESC: NW, SW, jW2SE, W2NE, SENE, S2N2NENE, S2NENE jsECT,TWN,RNG:l3-5-97 DESC: W2NE,, [NW, S2 SECT,TWN,RNG: 13-5-98 DESC: ITR 68, LOTS 5(19.39), 6(19.53), j7(19.65),8(11.75) [sECT,TWN,RNG:14-5-97 DESC: ALL [sECT,TWN,RNG:14-5-98 DESC: LOT [5(11.28), 6(23.36), 7(8.01) jSECT,TWN,RNG:15-5-97 DESC: ALL 1 0/? '\/?007 Parcel Detail Page 2 of 5 ISECT,1WN,RNG:15-5-98 DESC: LOTS 16(8.04), 7(8.32) ISECT,1WN,RNG:16-5-97 DESC: ALL ISECT,1WN,RNG:17-5-97 DESC: ALL lsECT,1WN,RNG:19-5-97 DESC: E2SW, I lsE, LOTS 7(37.79), 8(37.99) I lsECT,1WN,RNG:2-5-97 DESC: SW, S2SE, I !LOTS 5(38.67), 6(38.96) I lsECT,1WN,RNG:20-5-97 DESC: ALL I lsECT,1WN,RNG:21-5-97 DESC: N2 I lsECT,1WN,RNG:22-5-97 DESC: N2 I ISECT,1WN,RNG:23-5-97 DESC: ALL ISECT,1WN,RNG:23-5-98 DESC: TR. 70, ITR 71, TR 72, SESE LOTS 14(8.59),5(8.02), lsECT,1WN,RNG:24-5-97 DESC: ALL lsECT,1WN,RNG:24-5-98 DESC: ALL ISECT,1WN,RNG:25-5-98 DESC: N2, SE, ITR. 101, LOTS 1(20.47), 2(20.58), 13(8.04), SECT,TWN,RNG:26-5-97 DESC: IALL SECT,TWN,RNG:26-5-98 DESC: TR 195, TR 96, TR 97, LOTS 1(29.30) 12(16.64), SECT,TWN,RNG:28-5-97 IDESC: N2, SE SECT,TWN,RNG:29-5-97 IDESC: ALL SECT,1WN,RNG:3-5-97 DESC: lsWNE, S2NW, S2, LOT 8(40.38) lsECT,1WN,RNG:30-5-97 DESC: IE2,E2W2,LOTS 5(38.13), 16(38.40),7(38.62),8(38.83) lsECT,1WN,RNG:31-5-97 DESC: IE2NW,NESW, LOTS 5(39.07), 6(39.34), 17(39.60), SECT,TWN,RNG:34-5-97 IDESC: N2, SW, N2SE, LOTS 3(42.00), 14(41.79) SECT,TWN,RNG:36-5-98 DESC: INE, N2SE, SESE, LOTS 2(16.44), 14(3.10), 5(39.57), lsECT,1WN,RNG:4-5-97 DESC: S2N2, S2 lsECT,1WN,RNG:5-5-97 DESC: S2N2, I 1 ()/? ~/?()07 Parcel Detail Page 3 of5 !LOTS 6(40.80), 7(40.98), 8(41.15) lsECT,TWN,RNG:9-5-97 DESC: ALL DESC: 17(38.10), 8(38.38) DESC: 8(39.87), 19(39.96) DESC: AKA: TRIUMPH CLAIMS 1#1 THRU 12, 15, 16, 21, PT OF DESC: 122, 23, 24 THRU 26, PT OF 27 THRU 130,31-36, DESC: J.D. CLAIMS, PART loF 1, PT. OF #3, #4, PT. OF #5, IDESC: #6 THRU #8, F.D. CLAIMS, #1 I Location Physical Address: IITWP 5 RANGE 97 SEC 15 I Subdivision: I Land Acres: 1117013.05 I Land Sq Ft: llo Section Township Range 1 5 97 2 5 97 3 5 97 4 5 97 5 5 97 9 5 97 10 5 97 11 5 97 12 5 97 13 5 97 14 5 97 15 5 97 16 5 97 17 5 97 I 20 5 97 I 19 5 I 97 21 5 97 22 5 97 23 5 97 24 5 97 26 5 97 II II httn·//mww o~rrn~rt rnm/~o;;:o;;:p.o;;:r;:.nr/n~rrP.l ~-o;;:n?P~rrP.lNJlmhP:r=?_ 1171 .::;10000Q 1 0/?~/?007 Parcel Detail Page 4 of5 I 28 5 97 I 29 5 97 I 30 5 97 31 5 97 34 5 97 13 5 98 14 5 98 15 5 98 23 5 98 24 5 98 25 5 98 26 5 98 36 5 98 Property Tax Valuation Information II Actual Value II Assessed Value I I Land: 277,99011 80,6101 I Improvements: II oil ol I Total: 277,99oll 80,6101 II Basic Building Characteristics Number of Residential lo I Buildings: Number of Commllnd lo I Buildings: No Building Records Found Tax Information Tax Year II Transaction Type Amount I 2006 II Tax Payment: Second Half ($1,126.42)1 2006 II Tax Payment: First Half ($1 ,126.42)1 2006 II Tax Amount $2,252.841 2005 II Tax Payment: Second Half ($1,435.40)1 II II 1 0/?.~/?007 Parcel Detail 2005 II Tax Payment: First Half ($1,435.40)1 2005 II Tax Amount $2,870.801 2004 II Tax Payment: Second Half ($1,652.71)1 2004 Tax Payment: First Half ($1,652.71)1 2004 Tax Amount $3,305.421 2003 Tax Payment: Second Half II ($2,020.35)1 2003 Tax Payment: First Half II ($2,020.35)1 2003 Tax Amount II $4,040.701 2002 Tax Payment: Whole ($4,066.64)1 2002 Tax Amount $4,066.641 2001 I Tax Payment: Whole ($4,032.02)1 2001 Tax Amount $4,032.021 2000 Tax Payment: Whole ($4,276.32)1 2000 Tax Amount $4,276.321 1999 Tax Payment: Whole ($5,297.94)1 1999 Tax Amount $5,297.941 Top of Page As-5e.ssoLP!ltahas~nS~archQption5 I Treasurer Database Search Options Cl~rk ~_R~c_orsl~rDatabase_S.farch_Qptions Garfield Cm1ntyHome P<!ge Page 5 of 5 The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 -2006 Good Turns Software. All Rights Reserved. Database & Web Design by Ooo_cLTl!mS._S.Qftware. 10/?~/?007