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HomeMy WebLinkAboutApplication- PermitProject Address Garfield County Building & Planning Department 108 Bth Street Suite 401 Glenwood Springs, CO 81601 - Phone: (974}945.8212 Fax: (970)384-3470 Parcel No. Issue Date: 1011612012 Expires: 0411412013 Subdivision Section Township Range 865 CR 265 RIFLE, CO 81650- 217513100055 Owner Information Address .� . EnCana Oil and Gas 2717 CR 215 (970)285-2656 Parachute CO 81635- 2717 CR 215 Parachute CO 81635 - Phone Cell Contractor(s) Phone Primary Contractor Industrial Mechanical Inc. 1505)325-5005 Yes Proposed Construction 1 Details Metal Skid building for gas natural gas measurement FEES DUE Fee Amount Commercial Building Fee Manulacture Fee Plan Check Fee Total: $35.70 $400.00 $23.21 $458.91 Valuation: $ 828.00 Total Sq Feet: 92 FEES PAID Inv Total Paytype Amt Paid Amt due Inv # BLCC-10.12-22131 $ 458.91 Check # 36072 $458.91 $ 0.00 Required Inspections: For Inspections can : 1( 888)868-5346 Inspection IVR See Permit Record Building Department Copy 'uesday, October 16, 2012 2 108 8th Street, Suite 401. Glenwood Springs, CO 81601 Ph:970-945-8212 F.r:970-384-3440 !nspeclion Line:888-868-5306 www.garfield-countv.com GCT ; W EST I IYt EOLI1L©I NG PERMIT APPLICATION 6-0/VP.- 67: /?PPL, C F7n✓ T Kfir 1010.1'1 Ci~3[sb1-a-t58 -4 STAFF USE ONLY Special Conditions: Parcel No: Idris intoe»xuionisawl lnbleatthe assessors office +7t) -945-9134J 2175-131-00-055 Lot No: Block No: Subd./Exempt! on: N f A Permit Fee: 3s-, ` f Job Address: Wan address has nor been assiRrted, please provide CR. Ni1')' or Spread Aare & (n'1 or and legal description 865 County Road 265, Rifle Colorado. 81650 3 Owner: (property owner' En otOil &Gast(tSA1Inc . Mailing Address: 2117 CR i5atou Parachute. ('011635 Ph: 970.240-200Alt P11: Mailing Address: um/LA man Htghwayrarmington, NM 37.I❑1 4 Contractor: Ondnstrial Mechanical Inc PIT: 50.325-5095 Alt Ph: rJ Manufactured home installer: Industrial Mechanical Inc Mailing Address: loot_ AHan Heghnay#armingten. NM 87401 Ph: sos_;ys.sons Lit 4: (i Architect: Wedge Energy Seniors lailing Address: 461 N Brnadway ;Mull. rx 76058 Ph: Attu Slat Mecarn 817.421-4306 Alt Ph: 7 Engineer: Wedge Energl seniees Mailing Address: st,l N Broadway Joshua. TX 76058 Ph: Atm Mat MccaR) 317426-9506 Alt Ph: 8 Sq. Ft. of Building: 92 S.F So. Ft. or Acres of Lot: .54 Acre Lease of 113.56 Acre Parcel Height: g, No. of Floors: f1 Use of Building: [Meter building for gas natural gas measurement Class of Work: ❑New ❑ 1 Describe Work: Installation of pre -fabricated skid mount meter building For natural gas measurement. Building skid to he mounted on concrete Foundation pads. 11 Garage: Na Garage C d; Septic: l Type of Heat: Na Septic ❑Nat. Gas ❑PropaneElectric ❑D[Iter 12 Driveway Permit: N/A - Sub -leased site within existing parcel boundaries Owners valuation of Work: 55,000.00 NOTICE Anihnril s. !his appllent eott for a Building Permit most be signed by the Owner oldie properly. described above, or amt authorized agent. tf the 51E: nature hclnw is 1101 that of the Owner. a separate leiter of authority, signed by the Owner, must be provided with this Application. Legal Access. A tittelding Pemsit cannot be issued without proof of legal and adequate access to the property for purposes of inspections by the Building Depanmem. Other !emits, Multiple separate permits may be required; 11) State Electrical Pennil.121 County 151)9 Permit. (3) another permit required for use on the property identified above. e.g. Stale or County I lighway Road Access ora State wastewater Discharge Permit. 1 aid Permit. A Building Permit becomes null and c old lithe work authorised in not coinittcnced within 1$9 days of the date of issuance and if work is suspended or abandoned for a period of 150 days atter commencement. CERTiFICATIO` I hereby cenify that fluor read this Application and Thal The information contained above is true and correct. 1 undersiaud that the Building Department accepts die Application. along with the plans and specifications and other data submitted by me or on my behalf (submittaIsl, based upon my certiftcatiot as to accuracy. Assuming completeness uFthe submittals and approval of this Application, a Building Permit will be issued granting permission io inc. us Owner, to construe' tate sirucluref s) and facilities detailed on the submittals art levied by the Building Deparncnt. In consideration of the issuance of the Building Permit! agree khat 1 and my agents will comply with provisions of any federal stair or local law regulating die wink and the Garfield County Building Code. EDS regulations and applicable land use regulatknns (County Regulation(stl. 1 acknowledge that the Building Permit may be suspended or revoked. upon notice from the County. if the location. construction or use of the structurets) and facility(iesl. described above. are not in compliance with Courcy Regulationts) or any other applicable law. I hereby grant permission lo the Building Derailment to enter the property, described above, to inspect Ilse work. 1 further acknowledge Thal the issuance oldie Building Permit docs not prem em llte Building Official from: 111 requiring the correction of errors in the submittals. limy. discovered after issuance: or 121 stopping construction or use of theslntcture(sl or facility(icsl if such is in vi01011011 0f Courtly Regulation's) or any other applicable law. Review of this Application. including submittals. and inspections or the work by lite Building Depanntenl do not constitute an acceptance ofresponsibility or liability by the County of errors, omissions or discrepancies. As the Owner. 1 acknowledge that responsibility for compliance with federal. stale and local laws and County Regulations rest with the and my authorized agents. including without limitation my architect designer. mince. and 'or buil,er. 11IE.REi3Y ACKNOWLEDGE "171AT 1 IIAS'rRCAa AN i ., tie3:T L.NoTi(EE-&@ CERTIFICATION ABOVE: ACKNOWLEDGE - ' —.nor". �~ ►: DTE /?PPL, C F7n✓ T Kfir 1010.1'1 Ci~3[sb1-a-t58 -4 STAFF USE ONLY Special Conditions: Adjusted Valuation: ZJ• Plan Check Fee: /r 2- ■ Permit Fee: 3s-, ` f Mann home Fee: L1400rr Misr Fees: Total Fees: 58,q, ! Fees. Paid: Li 58 9/ Balance Due: --ice BP do & issue Date: [SDS No & Issued Dale: etCQ-, (9 (POI Setbacks: er, fr'' ' ,,Y L" f p/ OCC Group 5 t Const Type: 3 10 Zoning: RL BI.J�lfjl l}H:P 70,1! PL. EP „00.2,00...... > ,A� /01 APPR 'AI. DATE APPR VAL DATE Building Plan Review Description of Work: Metal Skid building for gas natural gas measurement. Bin #: Location Address: 865 CR 265 RIFLE, CO 81650 General Information Contacts ('ase Manager: David Bartholomew Plan ('asc Number: 13LDG-10-12-7405 Parcel: 217513100055 ,application Date: 10/10/2012 Owner: EM'ana Oil and Gas Applicant: E nC'ana Oil and (las Applicant Phone: (970)285-2656 Email: iesoneckman v@encca Building _Engineered Foundation Pt, _Driveway Permit / Surveyed Site Plan ( Septic Permit and Setbacks -/-- Building height / Grade/Topography 30%_Zoning Sign -off N{14. Attach Residential Plan Review List/R Road impact Fees Minimum Application Questlonnare ll HOAIDRC Approval dt Nr Subdivision Plat Notes Gradeliopography 40% ./V/if / ,% Fire Department Review Planning Issues / Valuation Determination/Fees Subdivision Plat f Red Line Plans(Stamps/Sticker General Comments: Planning 'Zoning Property Line Setbacks / 30ft Stream Setbacks Flood Plain Attach Conditions Ode 44 809 . D Application Signed Aid14Vtee- Z • Z, ! Pian Reviewer To Sign Application Ai'r %,ll74e 35. 7 0 ParcellSchedule No. 40# Snowload Letter - Manu. Homes VB' ` r Solis Report A4014/ 1, f'8' 9( Tuesday, October 16, 2012 CONDITIONS OF PERMIT BLCO-1O-12-2662 EnCana Oil & Gas - Meter Building West Rifle Compressor Station 865 CR 265 Rifle, Colorado 1) ALL WORK SHALL COMPLY WITH THE 2009 IBC, AND MANUFACTURERS SPECIFICATIONS. 2) ALL WORK SHALL COMPLY WITH THE CONDITIONS OF THE CURRENT LAND USE PERMIT. 3) ALL WORK SHALL COMPLY WITH STATE AND FEDERAL REGULATIONS. 4) ELECTRICAL FINAL APPROVAL IS REQUIRED FOR FINAL/COMPLETION INSPECTION. 5) FIELD VERIFY C.D.O.H. INSIGNIA IS AFFIXED AT FINAL/COMPLETION INSPECTION. 6) LOCKS, LATCHES AND LANDINGS PER 2009 IBC, SECTION 1008. 7) LIGHT AND VENTILATION PER 2009 IBC, CHAPTER 12. 8) GARFIELD COUNTY FINAL INSPECTION REQUIRED FOR COMPLETION APPROVAL. Con,' NOTE: If any required information is missing, delays in issuing the permit are to be expected. If determined by the Building Official that additional information is necessary to review the application and/or plans for compliance, the application may be placed on hold until the required information is provided. Work may not proceed without the issuance of a permit. The building department will collect a Plan Review fee at time of application submittal. The permit fee, as well as any Septic or Road Impact fees will be collected when the permit is issued. The permit application must be signed by the owner or by person having written authority from the owner to act as their representative. Building cannot be occupied until a Certificate of Occupancy (CO) is issued. Using the building without a CO will be considered an illegal occupancy and may be grounds for vacating the premises, (Final/CO inspection requirements will be attached to your approved field set of plans.) hereby acknowledge I have read, understand, and will abide by the requirements of this checklist. 7‘)//e) Signa re of Owner ❑ate Garfield County Building & Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone: 970-945-8212 Fax: 970-384-3470 www.garfield-county.com /2 STATE OF COLORADO FACTORY BUILT NON RESIDENTIAL APPLICATION Fee due with application -Not subject to return May 2011 Name of Manufacturer: Wedge Energy Services Plant Mailing Address: Wedge Energy Services Plant street address: Plant I.D. Number 461 N. Broadway Joshua, TX 76058 4272 461 N. Broadway Joshua, TX 76058 Contact Personfernail address: Matt McCarty matt.mccarty@wedge-es.com Plant Telephone: Fax No: Telephone No: 817-426-9810 817-426-9777 817-426.9806 Third Party Inspection Agency: NTA Inc. Mailing Address P.O. Box 490 Nappanee, IN 46550 Telephone No: 574-773-7975 Fax No, 574-773-2732 YES 2006 I -Code Compliant Roof snow load 40 PSF Floor Design Load YES 2008 NEC Compliant Wind Design Speed 90 MPH Occupancy YES 2009 IECC Compliant Seismic Zone B 125 PSF s- 1 Elea > 200 amp \ (I tiprriai orrujrancy(SEC) :i pha4n \ 1 ? Fee Schedule Total footage Amount Model Name/No, LEVEL -1-8X11 .5 -GC Annual Registration Fee (must be accompanied by new/updale:1 QA Manual, minimum 2 copies -maximum 3 copies) $500.00?per factory location vee Calculator for Plan Approvals= (auilding Square footage) x (factor indicated below): Manufactured portion only ivisi of �CQlpr8 n pivisian of Housing August 27, 201 Ileii. (141.Zil PLANS APPROVED 5. mhinr1 to fogi4 incr ., iron Plan Approval Fee- $0251sq. lf. (Finished floor area) $0.10fsq.ft. {Unfinished floor area) 1.e. garage, unfinished loft minimum 2 copes -maximum 3 capias 92 Minimum Fee for Plan Approtasis- ;150.00 $1$0.00 Additional Plan Set- $0.101sq.f1. Minimum Fee for Additional Plan Set- $50.110 Plan Approval Number) 6478 Plan Revision- $0.101sq.ft. (Space revised) 1 vilf:x or UPS No. (If overnight shipping of :ilrpru+ill plans requested) Minimum Fee for Plan Revision- $50.00 TOTAL AMOUNT SUBMITTED: $160.00 EXPIRES: August 1 , 2013 MANUFACTURER CERTIFIES Thal only approved equipment and materials will be used and the inslallations shall be made in accordance with approved plan and applicable codes and provisions oldie Colorado Division of Housing. Manufaclurer agrees to in -plans inspection of units manufaclured under the above plan approval. Application shall be made for and insignia affixed to each Factory bull non residenhat unit That rs subjecl lo Colorado statutes and which is manufactured or is to be Sold, offered for sale. or occupied in the State of Colorado. DIV. OF HOUSING, 1313 SHERMAN STREET, RM 321, DENVER, CO. 80203 (303) 866-4616 Fax 866-3072 August 3, 2012 Shannon Thornton Elite Precision Fabricators Inc. 2239 Saint Beulah Montgomery, Texas 773 16 RE: 8'-0"x! 1'-6" Prefabricated Building Located in Garfield. Colorado Dear Mr. Thornton: This is to certify that we have analyzed the 8'-0"x11`-6" prefabricated_ The building was analyzed for the location in Colorado that you provided us. with the following criteria: 8"-0"xl I' -6"x7'-10" high, Prefabricated Metal Building, S -1 -Storage Shelter One Story, 160 Square Feet Construction Type V13 Structural Building Codes: 2006 International Building Code; ASCE 07-05 The building was also designed for the fallowing design loads: Floor Dead Load: 11 psf Floor Live Load: 125 psf Roof Dead Load: 10 psf Roof Snow Lead: 40 psi' Wind Speed: 90 mph Seismic Design Category: B Seismic Response Coel icients: Sols=0.3 33 g Sd I =0.072 g Refer to the attached calculations for more detailed design criteria and the calculations for the building. We have also included a sealed design sheet for your drawings and a copy of the appropriate shop drawings we were supplied. Based on our calculations, the building in our professional opinion is designed to withstand the code design loads for the location you supplied iii Colorado. Thanks, Brad Isbell. P.E. EIKON Consultant Group 1405 W. Chapman, Sanger, Texas 7626612 940.458-1503 F 940-458-7417 6 eikoncg.com encana. atural ra� s �� Sent via Overnight Delivery 5 x,2012 nterprise Gas Processing, LLC P.O. Box 4324 Houston, Texas 77008 Attn: Alex Lopez Re: Amendment to Surface Lease Agreement Township 6 South, Range 94 West, 6th P.M. Section 13: NE/4 Dear Mr. Lopez, Enterprise Gas Processing, LLC ("Enterprise") has requested that Encana Oil & Gas (USA) Inc. ("Encana") amend that certain Surface Lease Agreement dated December 10, 2010 (the "Lease") to accommodate an additional meter for Energy Transfer Partners, L.P. within the area described as the Leased Premises in the Lease (the "ETC Meter"). Upon execution of this Letter Agreement Encana and Enterprise hereby agree to the following: I. Enterprise shall have the right to install the ETC Meter at the location described as "New Meter" on the Exhibit A attached hereto and made a part hereof. 2. Enterprise shall pay Encana limp annually in addition to the payment required under paragraph 3 of the Lease. Such additional payment shall not be subject to the five percent (5%) annual increase. Enterprise acknowledges that the Leased Premises are limited in size and as such the facilities and/or equipment that can be placed thereon are limited. Therefore, Enterprise agrees that installation of the ETC Meter will not prohibit Enterprise from expanding existing or installing additional facilities and equipment on the Leased Premises otherwise necessary to accommodate Eneana's present or future production. if Encana should determine the ETC Meter is preventing such expansion or installation Encana shall deliver written notice to Enterprise and Enterprise and Encana will work together in good faith to resolve the issue. If no mutually agreeable resolution can be reached, Enterprise shall have 90 days after receipt of said notice to make other arrangements and remove the ETC Meter. Encana Oil & Gas (USA) Inc. Republic Plaza 370 - 17 Street. Suite 1700 Denver, Colorado United states 80202 1 303.623.2300 1 303.623.2400 www.encana.crsm This Letter Agreement does not otherwise modify the Lease which shall remain in full force and effect. Please indicate your agreement to the terms in this letter in the space provided below and return ane copy of this letter to my attention. If Encana does not receive a fully executed copy of this letter before 5:00 P.M. Mountain Daylight Time on laity- 31 , 2012, this offer shall expire. t? Very truly yours amian Westerman Land Negotiator AGREED AND ACCEPTED TO THIS j DAY OF -ro) , 2012. ENCANA OIL & GAS (USA) INC. By: Helen M. Cap Title: Attorney -In -Fact ENTERPRISE GAS PROCESSING, LLC By: Michael A. Todd Title: Attorney -in -Fact encana-. SURFACE LEASE STATE OF COLORADO COUNTY OF GARFIELD THIS SURFACE LEASE AGREEMENT, made effective on this 10th day of December 2010, by and between Encana Oil & Gas (USA) Inc., a Delaware corporation, 370 17th Street, Suite 1700, Denver, Colorado 80202, hereinafter called "Lessor," and Enterprise Gas Processing, LLC, 1100 Louisiana, Houston, Texas 77002, hereinafter called "Lessee." The individuals, companies, and entities names above may sometimes individually be referred to as "Party' and collectively as 'Parties." WITNESSETH: For and in consideration of Ten Dollars ($10,00) and other valuable consideration and the rents paid, and the mutual covenants herein contained, Lessor does hereby lease unto Lessee the surface of the following described lot, tract, or parcel of land, situated in the County of Garfield, State of Colorado, to -wit: 0.54 acres in Section 13 -Township 6 South -Range 94 West -6 P.M., as more particularly described by metes and bounds in Exhibit A attached hereto and by this reference made a part hereof. The above described property is hereinafter referred to as the "Leased Premises." This Surface Lease covers surface rights only, and does not include or convey any water rights or the right to use water to Lessee nor the right to explore for or produce oil, gas or other minerals. This Surface Lease is given subject to all leases, rights-of-way, conditions, limitations, and reservations, if any, of record or arising by operation of law, and the rights of any parties pursuant to same. The rights leased to Lessee herein shall be nonexclusive and Lessor shall have the continuing right to access the Leased Premises and to use the Leased Premises for any means which do not unreasonably interfere with Lessee's use of the Leased Premises. Lessor makes no warranties or representations concerning the title to the Leased Premises. This Surface Lease is subject to the following terms and conditions: 1. Purpose of Surface Lease. Lessee shall have use the Leased Premises soley for its Rifle Field Receipt Point piping and measurement facility.. Any attempt by Lessee to use the Leased Premises for any other purpose shall immediately terminate this Surface Lease, notwithstanding any other provision herein. a. Lessee agrees to maintain and operate the Leased Premises herein leased in such manner that the operation thereof will in no way hinder or prevent the use and enjoyment of Lessor's adjoining property, including use thereof for exploration, mining, oil shale development, oil and gas development, farming, ranching and land development. Page 1 of 8 b. Lessee agrees to replace or rebuild, to the reasonable satisfaction of Lessor, any and all parts of any road or any drainage or other improvement that may be damaged in connection with Lessee's activities. c. Except as otherwise provided herein, Lessee shall maintain current as - built drawings for all equipment and facilities located on the Leased Premises and shall provide Lessor with copies of such drawings each time they are updated. d. Lessee shall take all necessary precautions, in conducting its activities under this Surface Lease, to prevent brush and grass fires. 2. Term. This Surface Lease shall be effective for a period of fifteen (15) years from December 10, 2010, unless otherwise extended in a writing executed by both parties, or terminated or canceled prior thereto in the manner provided for herein. 3. Payments. Lessee shall pay to Lessor a payment in the amount of $6,000 upon the execution of this Surface Lease. Commencing on the first anniversary date of this Surface Lease, an annual payment, as hereinafter described, shall be made by Lessee to Lessor on or before each anniversary date of this Surface Lease, at the address set forth below in Paragraph 16. The first of such annual payments shall be in the amount of $6,300 and thereafter, the amount of the annual payment shall increase by five (5%) percent each: year. No payment shall be deemed made by Lessee under this Surface Lease until the correct amount due is actually received by Lessor. 4. Maintenance and Restoration of the Leased Premises. Lessee will maintain the Leased Premises during the term of this Surface Lease in good repair, clear of refuse and litter. Upon termination of this Surface Lease, Lessee will return the Leased Premises to Lessor in their original or better condition, normal wear and tear excepted. The use, maintenance and restoration of the Leased Premises shall include the removal of top -soil from the Leased Premises separately from other material removed by Lessee in connection with its activities on the Leased Premises, and the replacement of such topsoil during restoration work. Lessee further agrees to insure that the Leased Premises shall be left free of any large stones, holes, or piles of dirt which would interfere with farming, ranching and/or other operations thereon. Alt stones, brush and debris uncovered on, removed from or deposited on Lessor's lands as the result of activities permitted hereunder shall be disposed of at Lessors direction. All cuts, fill slopes, pit and topsoil piles and soil piles will be stabilized and revegetated immediately following construction. The Leased Premises will be brought back to a 3-1 slope during interim reclamation. If requested by Lessor, Lessee shall reseed the Leased Premises Page 2 of 8 with a seed mixture specified by Lessor. The Leased Premises, roads and all fences and gates and any portion of the Lessor's property impacted by Lessee's use or operations shall be maintained by Lessee in as good condition as exists at the time of execution of this Surface Lease. At any time during the term of this Surface Lease, or after the conclusion of Lessee's use of the Leased Premises, Lessor may give Lessee written notice of degradation or damage to the Leased Premises caused by Lessee's operations. Within a reasonable time after receiving written notice (not to exceed five days), if Lessee fails to repair or restore the Leased Premises, roads, fences or gates or any other damage on Lessor's property, or access thereto, to the condition described above and Lessor performs remediation or restoration on the property, Lessee she reimburse Lessor for all costs associated with such remediation or restoration within fifteen (15) days of receipt by Lessee of an itemized invoice from Lessor. 5. Environmental Protection Lessee agrees to provide Lessor a site specific Spill Prevention Control and Countermeasure (SPCC) plan which is acceptable to and approved by Lessor within thirty (30) days of construction on the Leased Premises. Upon approval of the SPCC by Lessor, it shall become Exhibit B to this Surface Lease Agreement. If Lessee fails to obtain approval of the SPCC from Lessor or if Lessee fails to follow said approved SPCC, this Surface Lease shall terminate. 6. Termination of Agreement. a. If, at any time after the effective date hereof, Lessee fails to use the Leased Premises or any part thereof for the purposes provided hereunder for more than ninety (90) consecutive days, by written notice to Lessee, Lessor may terminate this Surface Lease as to those parts of the Leased Premises no longer being used. The provisions herein concerning site reclamation and facility removal and any liabilities accrued prior to termination shall survive such termination. Al such time as Lessee has reached the ninety (90) day threshold, Lessee must deliver notice of the nonuse to Lessor within one (1) month of said threshold date. If Lessee fails to deliver said notice of nonuse to Lessor within the specified one (1) month time period, and notwithstanding any other provision of this Surface Lease, then the portion of the Leased Premises which has not been used for the ninety (90) consecutive days will automatically terminate and Lessor shall have the continuing option to terminate the entire Surface Lease. Notwithstanding the foregoing, such ninety (90) day period shall not apply and this Surface Lease may not be terminated upon such grounds, if Lessee's failure to use the Leased Premises as required in this paragraph is caused by circumstances beyond the control of Lessee and Lessee has provided Lessor with written notice detailing such circumstances; provided, however, that this sentence shall not operate to excuse failure to use the Leased Premises for a period in excess of six (6) months. b. Upon termination of the rights herein given, Lessee shall execute and deliver to Lessor, within thirty (30) days after written demand therefore, a good Page 3 of 8 and sufficient release of all interest of Lessee in the Leased Premises so terminated. Should Lessee fail or refuse to deliver to Lessor such release, a written notice by Lessor reciting the failure or refusal of Lessee to execute and deliver said release, as herein provided, shall after ten (10) days from the date of recordation of said notice, be conclusive evidence against Lessee and all persons claiming under Lessee of the termination of this Surface Lease or a portion thereof and all interest of Lessee hereunder as to that portion, subject to Lessee's obligation to remove its property within ninety (90) days of such termination. Termination shall not operate to extinguish any obligations of lessee which have accrued prior to termination, or which accrue hereunder upon termination. 7. Breach. if Lessee defaults in the performance of any of its obligations under this Surface Lease, Lessor may enforce the performance of this Surface Lease in any manner provided by law. This Surface Lease may be terminated at Lessor's discretion if such default continues for a period of sixty (60) days after Lessor notifies Lessee in writing of such default and Lessor's intention to terminate this Surface Lease, and Lessee has not cured the default within such sixty (60) day period or has not undertaken actions reasonably calculated to cure the default within such period and thereafter pursued such actions with reasonable diligence. Provided however, such time period to cure shall be extended as reasonably necessary due to any reasons that are beyond the control of Lessee and if Lessee has provided Lessor with written notice detailing such. Thereafter, Lessor will have the right, without further notice or demand, to enter the Leased Premises, remove all of Lessee's personal property that may be located thereon, and restore the Leased Premises to their original condition, without waiving any other remedies to which Lessor may be entitled. 8. Removal of Equipment It is agreed that all equipment and facilties placed on the Leased Premises by Lessee shall not become part of the real property but shall remain the personal property of Lessee, and that Lessee shall have the privilege of removing, so long as it does so within ninety (90) days of termination, all personal property and improvements placed by it on the Leased Premises. If Lessee fails to remove its personal property from the Leased Premises within ninety (90) days following termination of this Surface Lease, Lessor shall have the right to either: a) assume ownership thereof without the necessity of a formal conveyance or bill of sale from Lessee, and/or to dispose of such personal property and retain any proceeds from the sale thereof, or b) to remove or have the equipment and facilties removed with all costs of accomplishing the same, including any and all costs associated with compliance with restoration as described in paragraph 4 above, being frilly recoverable from Lessee. Page 4 of 8 9. lndemnlflcation. LESSEE AGREES TO PROTECT, DEFEND, INDEMNIFY AND HOLD LESSOR AND ALL OF LESSOR'S AFFILIATED AND PARENT AND SUBSIDIARY COMPANIES, JOINT VENTURERS AND PARTNERS, AND ALL OF THE AFORESAID ENTITIES' OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, INVITEES AND INSURERS ("INDEMNITEES") HARMLESS, FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, COSTS (INCLUDING ATTORNEY FEES), EXPENSES, FINES, CLAIMS, DEMANDS AND CAUSES OF ACTION ARISING OUT OF, OR IN ANY WAY CONNECTED WITH LESSEE'S ACTIVITIES OR OPERATIONS UNDER THIS SURFACE LEASE AGREEMENT, FOR INJURY TO OR ILLNESS OR DEATH OF ANY PERSON (INCLUDING BUT NOT LIMITED TO AN INDEMNITEE OR AN EMPLOYEE OR AGENT OF LESSEE OR LESSEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR LOSS OF OR DAMAGE TO PROPERTY (INCLUDING BUT NOT LIMITED TO PROPERTY OF INDEMNITEES, LESSEE, LESSEE'S CONTRACTORS OR SUBCONTRACTORS OR ANY THIRD PARTY) OR FOR VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, AND ORDERS INCLUDING BUT NOT LIMITED TO CERCLA AND RCRA. THIS INDEMNITY SHALL NOT APPLY TO THE EXTENT THAT IT IS VOID OR OTHERWISE UNENFORCEABLE UNDER APPLICABLE LAW. 10, Lessee Insurance Reauirernent. Lessee agrees to obtain and maintain the insurance. listed below which is primary to any other insurance or self-insurance and which names Lessor as additional insured with respect to liability arising out of Lessee's performance hereunder, but only to the extent of liabilities assumed by Lessee under this Agreement, and includes a Severability of Interest Clause (Cross Liability), Such insurance shall include: a. Commercial General Liability Insurance Form or the equivalent covering Premises Operations, Completed Operations and Products Liability, Contractual Liability, and if requested by Lessor, liability arising from explosion, collapse, or underground property damage, all with a combined single limit of $1,000,000 each occurrence, $1,000,000 Aggregate for Bodily Injury and Property Damage including personal injury. b. Comprehensive Automobile Liability Insurance or Business Auto Policy covering all owned, hired, or otherwise operated non -owned vehicles with a combined single limit of $2,000,000 each occurrence for Bodily Injury and Property Damage, or $1,000,000 each occurrence in combination with umbrella liability coverage of $1,000,000. Workers Compensation insurance as required by law, covering all states of operation, and Employers Liability Insurance with a minimum of $1,000,000 each occurrence. Before commencement of construction, or any operations under this Agreement, Page 5 of 8 Lessee shall furnish Lessor with Certificates of Insurance reasonably acceptable to Lessor confirming compliance herewith and providing that no coverage will be canceled or materially changed prior to 30 days advance written notice to Lessor. Subrogation against Lessor shall be waived as respects all of the insurance policies set forth above but only to the extent of Lessee's indemnification obligations hereunder.. The insurance required hereunder in no way limits or restricts Lessee's indemnification obligations under numbered Paragraph 10 above. 11. Warranty. This Surface Lease is made without warranty of title, express or implied, and is expressly subject to any exceptions and reservations and other matters affecting title of record, including all existing easements, rights-of-way, licenses, leases and other agreements affecting the surface or subsurface of the Leased Premises and Lessor further reserves the right to grant other easements, rights-of-way, licenses, leases to third parties to cross over or under these Leased Premises. Lessee is responsible for obtaining any necessary third party consents prior to conducting activities on the Leased Premises pursuant to this Surface Lease Agreement. Lessee may, at its option, discharge any tax, mortgage or other lien on the Leased Premises, in whole or in part, and thereby be subrogated to each such lien or liens, with the right to enforce the same and to apply all rentals toward the satisfaction thereof. 12. Assianment. Lessee shall have neither the right nor the power to assign this Surface Lease, in whole or in part, to any other party without the prior written consent of Lessor. Lessor may withhold its consent to any such proposed or attempted assignment for any reason or for no reason in its sole discretion. Any attempted assignment made in contravention of this provision will be, in Lessor's sole discretion (and in addition to any other remedy available to Lessor at law or in equity), voidable and of no force. The granting of Lessor's consent to any assignment will be effective only as to the specific assignment then the express subject of such consent, and any subsequent assignment which may be proposed or attempted will be ineffective without Lessors prior written consent. 13. Liens. Lessee will pay all claims for labor and materials that rnay be furnished on its behalf, and will defend, indemnify and hold Lessor harmless against all liens, encumbrances and claims that may be fled against the Leased Premises and all liabilities, penalties, fines, payments, judgments, damages, losses, costs and expenses (including without limitation attorneys' fees and court costs) incurred and/or paid in connection with same. 14. Taxes. Within thirty (30) days after demand from Lessor together with supporting documentation, Lessee will pay all taxes that may be assessed directly or Page 6 of Et indirectly against the Leased Premises because of improvements constructed or placed on the Leased Premises by Lessee and will reimburse Lessor for any increase in taxes paid by Lessor resulting from the value of such facilities, whether or not separately assessed. Lessor will otherwise pay all taxes assessed against the Leased Premises based upon the valuation of the Leased Premises as of the date of assessment. The provisions of this paragraph will survive termination of this Surface Lease. 15. Notices. Any notices required or permitted under this Surface Lease Agreement shall be given in writing. The notice shall be served either personally or by registered or certified mail with return receipt requested. Service shall be effective when received. All notices hereunder shall be directed to the addresses set forth below or such substitute address or addresses as provided to the parties at least thirty (30) days in advance of any notice. Present addresses to which notices shalt be sent in accordance with the provisions of this section are: Lessor: Encana Oil & Gas (USA) inc. Attn: S. Piceance Team Lead 370 17th Street, Suite 1700 Denver, CO 80202 Phone: 303-623-2300 Facsimile: 303-623-2400 Emergency Contact: 970-285-2615 Lessee: Enterprise Gas Processing, LLC Attention: Land Manager P.O. Box 4324 Houston, Texas 77008 Phone: 713-880-6500 Facsimile: 713-803-1461 Emergency Contact: 1-800-203-1347 16. Successors and Assigns. The terms, conditions and provisions of this Surface Lease shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 17. No Waiver. Lessor's failure to enforce a remedy for any particular violation of the terms of this Surface Lease will not constitute a waiver of such terms nor will same prevent the exercise by Lessor of any remedy or remedies for any other violation or for the same violation occurring at any other time or times. 18. Compliance with Law. In its use of the Leased Premises, Lessee will comply with all applicable federal, Page 7 of 8 state and local laws and with all rules, regulations and orders of all regulatory authorities having jurisdiction. 19. Applicable Law. The Laws of the State of Colorado shall apply this Surface Lease. Any legal action shall be brought in the District Court for the City and County of Denver, Colorado, or United States District Court for the District of Colorado, and the parties consent to such exclusive jurisdiction and venue. The Parties agree to forego any rights to a jury trial that may be applicable. 20. Attorney Fees. In the event of a default by either Party in the performance of its duties, the court with the proper jurisdiction to resolve the dispute shall award reasonable attorney fees and costs to the successful Party, or in such matter as the court sees fit. 21. Conflict of Interest. No director, employee, or agent of either party 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 Surface Lease. 22. Time of the Essence. Time will be of the essence in carrying out Lessee's obligations under this Surface Lease. 23. Entire A+oreement. This Surface Lease represents the full understanding between the parties concerning the matters set forth in this Surface Lease. IN TESTIMONY WHEREOF, the Parties hereto have executed this Surface Lease as of the day and year first written. Lessor: Encana Oil & Gas (USA) Inc. By. 44.4) ‘0,0141 Qn> -FP Nawne: Jesse G. Wood Title: Attorney -in -Fact Date: /2 - 1 --- 2a/ Page8of8 Lessee: Enterprise Gas Processing, LLC /1';//, m.: Leonard Mallett Title: Senior Vice President Date: /.2 29-16 ora Division of Registrations State Electrical Board Department of Regulatory Agencies INSPECTION REPORT / CORRECTION NOTICE Date Rec. P 7/64-, PERMiT# Gnil6� Con r. Homeowner: o r i Address: 05-- 6( J( V /[ N f TYPE OF INSPECTION: Partial Rough in Underground Final ACTION: Accepted \J Rejected Remarks RE -INSPECTION FEE Comments or Corrections: Inspector's Name: Phone # Date: /.2-//7 /)- Permit Card Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Phone. (970)945-8212 Fax- (970)384-3470 POST ON SITE Permit NO. B LC O-10-12-2662 Permit Type: Commercial Building Work Classification: New Issue Date: 10/16/2012 Expires: 04/14/2013 AGREEMENT In consideration of the issuance of the permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, location; construction and erection of the proposed structured 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 department and IMMEDIATELY BECOME NULL AND VOID. Commercial Building Parcel #:217513100055 Owner's Name: EnCana Oil and Gas Job Address: 865 CR 265 RIFLE, CO 81650- Contractor(s) Owner's Phone: (970)285-2656 Total Square Feet: 92 Phone Primary Contractor Industrial Mechanical Inc. (505)32:'i-5005 Yes. Work Description: Inspection Scheduling Code Inspection IVR Comments Pass Date FIRE DISTRICT INSPECTIONS 105 (PLEASE CALL FIRE DISTRICT) Footers (76,e9—/-26,72..e 71///Y- ,ll/a— Foundation Walls 110 Framing 115 Drywall 120 Final 125 int- sL�� -- i'fr '- % /C� /„ Misc 135 Insulation 160 Grout 175 Mechanical 405 UG Plumbing 605 Rough Plumbing 610 Gas 620 ADDITIONAL INSPECTIONS MAY BE REQUIRED POST THIS IN CONSPICUOUS PLACE WHEN CONSTRUCTION IS STARTED For Inspections Call: 1-888-868-5306