HomeMy WebLinkAbout948712ell C A79
FACILITY LEASE AGREEMENT
THIS AGREEMENT made and entered into this 28th day of February, 2007, by and
between WESTERN WYOMING RANGE LIMITED PARTNERSHIP, a Wyoming limited
partnership, an undivided 80.43478% owner, a Wyoming limited partnership, whose
mailing address is P.O. Box 336, Lyman, WY 82937; and BROADBENT LAND AND
RESOURCES, L.L.C., a Utah limited liability company, an undivided 19.56522% owner,
whose mailing address is P.O. Box 58627, Salt Lake City, Utah 84158-0627, hereinafter
referred to as "Lessor", and RENDEZVOUS PIPELINE COMPANY, L.L.C., a Wyoming
limited liability company, whose mailing address is 1050 17th Street, Suite 500, Denver,
CO 80265, hereinafter referred to as "Lessee";
WITNESSETH:
1. Description of Premises. Lessor hereby agrees to lease to Lessee, and
Lessee hereby agrees to lease from Lessor, the property located in Lincoln County, State of
Wyoming, containing 19.28 rods, and more particularly described as follows:
NW SW Section 29, Township 19 N, Range 112 W 6T" PM
Those lands more fully described on Exhibit "A16" attached hereto and hereby incorporated
herein by this reference.
for the purpose of enabling Lessee to construct, maintain, operate, repair, and remove a
cathodic protection system on the above described lands.
2. Term of Lease. This lease shall commence on the 28th day of February,
2007 and shall continue for a period of one (1) year, and shall end on the 27th day of
February, 2008, unless sooner terminated or extended pursuant to other provisions herein.
3. Rental. Lessee shall pay to Lessor, as rental, the sum of $1,243.24 for the
first year of this Lease, said sum due upon execution of this Lease. Rental due February
28, 2008 shall be the sum of $1,243.24 plus the 2007 increase in the Consumer Price Index
All Urban Consumers (C.P.I. - U) for all items, U.S. -City average as determined by the
United States Department of Labor. Thereafter, Lessee shall pay to Lessor, so long as this
lease is in effect rental, adjusted annually from the basis of the preceding year's rental to
reflect the increase or decrease, if any, in the Consumer Price Index All Urban Consumers
(C.P.I. - U) for all items, U.S. City average. Said adjustments and payments are to be made
on February 28th of each year until this Lease terminates as provided herein.
RECEIVED 8/3/2009 at 12:16 PM
RECEIVING # 948712
BOOK: 728 PAGE: 879
-1- JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
In addition to the rental to be paid by Lessee to Lessor as hereinabove indicated,
Lessee likewise shall be responsible for and pay all damages incurred by Lessor by way
of damage to livestock owned by Lessor, its partners, or their respective lessees, when
said damage occurs in the area of the facility, unless Lessee can affirmatively prove that
said damage to livestock or loss thereof was caused by the actions of Lessor or their
agents, employees or invitees.
4. Use of Premises. This lease shall allow Lessee to use the real property
above-described to construct, maintain, operate, repair and remove a cathodic
protection system.
Lessor, its successors and assigns, shall have the right, at any time and all times,
to use its premises for any purpose, including, but not limited to, the right to construct
and to maintain roads, highways, pipelines and telephone, telegraph and electric power
pole and wire lines, over, under and across (but in such a way as will not unreasonably
interfere with) said facility of Lessee on the premises described in Exhibit "A16".
5. Utilities. Lessee shall pay for all utility services furnished on Lessee's behalf
upon the leased premises during the term of this lease, including, but not limited to, any
fees or charges to any utility company for installing utility services above the premises
on Lessee's behalf.
6. Taxes and Assessments. Lessor will pay, when due, all real property taxes
levied against the above-described premises, provided, however, any increase in real
property taxes caused by Lessee's use of the property, including any improvements
thereon, shall be paid by Lessee upon notice of the amount due and an accounting of the
calculations therefore provided to Lessee by Lessor. In addition, Lessee will pay when
due all personal property taxes for Lessee's own personal property and improvements
which are located or used upon the above-described premises. In the event Lessor fails
to pay any real property taxes as the same become due, Lessee may, at its option, pay
such delinquent taxes and reduce the rental payments due to Lessor by the amount paid,
or Lessee, at his option, upon 30 days' written notice to Lessor may terminate this lease
because of the failure.to pay such property taxes, if during said 30 days Lessor has not
cured this default and paid said property taxes.
7. Condition of Leased Premises. Lessee has examined and knows the
condition of the above described premises and shall not hold Lessor liable for any latent
defect unknown to Lessee at the time of execution of this lease. Lessor makes no
warranty as to the condition of said leased premises and Lessee acknowledges that at the
termination of this lease for any reason, Lessee shall comply with all requirements of all
federal, state and local governmental agencies regarding the cleanup and reclamation
of the above-described property for any use that Lessee has made of the property.
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8. Indemnification. Lessee, for itself, its successors or assigns, agrees to
indemnify and hold harmless Lessor, its officers, agents, employees, successors or
assigns, against and from any and all liability, loss, damage, claims, demand actions,
cause of action, costs and expenses of whatsoever nature, including Court costs and
attorney's fees, which may result from property damage and personal injury to or death
or persons whomsoever, including the facility of Lessee, when such personal injury,
death, loss, destruction, or damage, howsoever caused, grows out of or arises from the
bursting of or leaks in said facility, or in any other way whatsoever is due to, or arises
because of, the existence of said facility or the construction, operation, maintenance,
repair, renewal, reconstruction, removal or use of said facility or any part thereof, or
to the contents, therein or therefrom. Notwithstanding the foregoing, Lessee shall have
no responsibility to the extent of any such injury, death, destruction or damage which
is attributable solely to the actions of Lessor, its officers, agents, employees, successors
or assigns.
9. Maintenance. During the term of this lease Lessee shall be responsible for
all maintenance of the leased premises and shall maintain the premises in good order
and repair. Further, Lessee shall comply in every respect with all federal, state and
local laws, regulations and ordinances regarding its operations. Lessee shall, at its
expense, protect the surface of the leased premises from surface erosion and will control
all noxious weeds and poisonous plants within the disturbed area of the leased premises.
More specifically, any surface area disturbed by Lessee hereunder shall be rehabilitated
by filling and leveling the leased premises to the existing contour of the land and then
reseeded at the rate of 22 tbs. /acre when drilled and 44 tbs. /acre when broadcast with
the following mixture:
tbs. Seed/Acre
3 tbs. /acre
3 tbs./acre
3 tbs. /acre
2 tbs. /acre
1 lb./acre
2 lb./acre
1 lb. /acre
1 lb. /acre
6 tbs. /acre
Common Name
Western wheatgrass
Indian ricegrass
Thickspike wheatgrass
Slender wheatgrass
Gardner's saltbush
Fourwing saltbush
Trident saltbush
Winterfat
Triticale sterile
Scientific Name
Agropyron smithii
Oryzopsis hymenoides
Agropyron dasystachyum
Agropyron trachycalium
Atriplex gardnerii
Atriplex canescens
Atriplex tridentate
Eurotia Janata
Triticale
Lessee agrees to seed the disturbed areas as many times as required so as to
obtain a successful stand of native grasses throughout the entire disturbed area. Only
seed certified to be 95 percent pure and with a germination percentage of 85 percent
will be used. Lessee will furnish the certification to Lessor prior to the seeding
operation.
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'C10~ PIZ, 2
10. Covenant of Quiet Enjoyment. Lessor hereby agrees that upon payment of
the rentals required herein and upon observing and performing all other terms,
covenants and conditions of this lease, Lessee may, subject to the terms hereof,
peacefully and quietly have, occupy and enjoy the leased premises without hindrance
or molestation from Lessor or anyone claiming under the Lessor. Lessee's use of the
premises, shall, however, be subject to all exceptions, reservations, easements and
right-of-ways of record at the time of execution hereof. This Lease is made subject to
all outstanding leases and other outstanding rights, including, but not limited to, those
for highways and other roadways and right-of-ways for irrigation ditches, pipelines, pole
and wire lines and the. right of renewals and extensions of the same, and subject also to
all conditions, limitations, restrictions, encumbrances, reservations or interests of any
person which may affect the said land, whether recorded or unrecorded.
This Lease is made is subject to all rights of the owners of the mineral estate and
on the express condition that Lessor, its successors and assigns, shall not be liable to
Lessee, its successors or assigns, for any damage occurring to the installations made or
to be made by Lessee upon the lands herein described or for any other damage
whatsoever occasioned by subsidence of the surface of said lands as a result of mining
underneath the same or resulting in any other way from the removal of coal or any other
minerals in or underlying the lands described in Exhibit "A16".
11. Right of Inspection. Lessor reserves the right to enter the premises at all
reasonable times to inspect them and Lessee agrees to permit Lessor to do so.
12. Sublease or Assignment. Lessee shall not assign nor sublet this Lease
agreement in whole or in part, without the prior written consent of Lessor first had and
obtained, which consent shall not be unreasonably withheld. The foregoing limitation
shall not apply to changes in ownership due to merger, consolidation, corporate name
change or other corporate reorganization.
13. Liens and Encumbrances. Lessee shall keep the above-described property
free and clear of any and all liens and encumbrances of any kind or nature.
14. Default. In the case of default in any of the covenants contained herein
to be performed by Lessee, including the covenant to pay rent, the Lessor may enforce
the performance of this Lease in any manner provided by law, including, but not limited
to, an action for specific performance of the Lease. At their option, Lessor may
terminate the lease if such default continues for a period of thirty (30) days after Lessor
notifies Lessee of such default and of their intention to declare the lease forfeited. Such
notice shall be sent by certified U.S. Mail, return receipt requested, to the Lessee at the
mailing address as hereinafter specified. After such thirty (30) day period shall have
expired, unless such default is of such nature that it is incapable of being remedied
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within such thirty (30) day period, and provided that the Lessee diligently prosecutes the
remedy of such default until the same is completely corrected, this Lease shall cease and
come to an end as if it were the day originally fixed herein for the expiration of the
term. If the Lessee defaults under the terms and conditions of this lease, the Lessor's
agent or attorney shall have the right, without further notice or demand, to reenter the
premises or any portion thereof and remove all persons and property therefrom without
being deemed guilty of any manner of trespass and without prejudice to any other
remedy for arrearage or rent or breach of covenant and Lessor's agent or attorney may
rent or lease the premises for any rent obtainable for the account of Lessee. Lessee
shall remain liable to Lessor for any deficiency. It is expressly agreed that in the event
that Lessee shall continue to hold the premises after demand therefor at the termination
of this Lease or for default or breach of this lease, Lessor shall be entitled to secure a
mandatory injunction to recover possession thereof. This remedy, however, shall be
cumulative of and not in lieu of any other rights and remedies hereunder. In the event
of default, the Lessor shall be entitled to recover all of their costs, including the
attorney fees for enforcement of the terms of this lease or the termination of the same.
15. Surrender Upon Termination. Lessee shall surrender the leased premises
to the Lessor at the expiration of this lease or termination of the lease as provided
herein. Lessee shall make no claim on the leased premises against the interest of Lessor
and if Lessee holds the leased premises after the termination of this lease, a tenancy by
sufferance shall be created thereby and the same rental per month as set out herein.
It is expressly made a condition of this Lease that if Lessee, its successors or
assigns, shall abandon the premises of Lessor in the locations described in Exhibit "A16",
or any portion of said premises, for the purposes of this Lease, then and in that event,
all the rights herein granted shall cease and terminate with respect to the premises so
abandoned and it is further agreed that nonuse of the premises described in Exhibit
"A16" or any portion thereof for the purposes of this Lease for a period of one (1) year
shall be deemed an abandonment of the premises or portion thereof not used.
If the facilities or any portion thereof are abandoned, and Lessee fails to
commence good faith efforts to remove the facilities so abandoned and restore the
portion of the land described in Exhibit "A16" to which the abandoned facilities are
appurtenant to its original condition within ninety (90) days after receipt of written
notice from Lessor to Lessee, Lessor may remove the facilities for the account Lessee,
and Lessee shall reimburse the Lessor for all expense incurred in the removal of the
facilities within thirty (30) days from receipt of the proper amount thereof.
16. Renewal. Lessor hereby grants to Lessee the option to renew this lease on
each anniversary date. In order to exercise said renewal option, Lessee shall notify
Lessor within thirty (30) days of the expiration of the original term hereof of Lessee's
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V1884
intent to renew this lease. So long as Lessee is current upon and not in default upon any
term of this lease, said renewal will not be denied by Lessor.
17. Early Termination. This lease agreement is expressly conditioned upon
Lessee obtaining and keeping all required permits and licenses from all governmental
agencies regarding the operations described herein. If at any time during the term
hereof such permits or licenses are for any reason canceled or revoked or for any other
reason not made available to Lessee, this lease shall automatically terminate.
18. Relocation of Use by Lessee. It is expressly understood that Lessee shall use
the Leased premises as hereinabove described and that the location of the facility shall
not be changed without written permission of Lessor first had and obtained.
19. Miscellaneous Provisions. The following provisions are also integral parts
of this lease agreement:
a. This agreement constitutes the entire understanding and
agreement between the parties relating to the subject matter hereof and
supersedes all prior agreements, representations or understandings
between the parties relating to the subject matter hereof.
b. This agreement may not be modified except by an instrument
in writing signed by the parties hereto.
C. This agreement shall be interpreted, construed and enforced
according to the laws of the State of Wyoming.
d. The parties agree that in the event any action or court
proceeding is brought by either party to enforce the obligations under this
Agreement, the prevailing party shall be entitled to recover any reasonable
attorney's fees, together with court and collection costs.
e. All notices, demands, requests and other writings required or
permitted to be given hereunder shalt be deemed duly given if delivered
or if mailed by registered or certified mail, postage prepaid, addressed to
the following:
Lessor:
Western Wyoming Range Limited Partnership
P.O. Box 336
Lyman, WY 82937
-6-
Lessee: ~'C; I J 85
Rendezvous Gas c '.r. Pipeline Company, L.L.C.
1050 17th Street, Suite 2890 500
Denver, CO 80265
Either party shall have the right to specify in writing in the manner above
provided, another address to which subsequent notices or writings to such party shall be
given. Any notice given hereunder shall be deemed to have been given as of the date
delivered or mailed.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first above written.
LESSOR:
WESTERN WYOMING RANGE
LIMITED PARTNERSHIP
BY: WESTERN WYOMING OPERATING, INC.,
Its General Partner
By: ~ _
Vice President
ATTEST:
ecretary
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STATE OF WYOMING )
)ss.
COUNTY OF UINTA )
Before me, a Notary Public in and for said County and State, on this ~ ay of
IrV11 r-4 , 2007, personally appeared D. Jud Redden and Carl A. Larson to me
personally known to be the Vice-President and Secretary of Western Wyoming Operating,
Inc., a Wyoming corporation and the said D. Jud Redden and Carl A. Larson acknowledged
to me that they executed the same as the free and voluntary act and deed of such
corporation under the authority of its Board of Directors for the uses and purposes therein
set forth.
SHE;'i ;ry dES NOIAMY PUL'I IG
AUN1Yor
aIATE OF
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My Commission Expires:~Yltirc-k 4J° A-0 10
STATE OF 0 M ( A,~ G-
)SS.
COUNTY OF ~t , ~✓~-7 )
NOTAR UBLIC
BROADBEK1 LAND AND RESOURCES, L.L.C.
Bye
/jos ph S. Br oa ent, Manager
The foregoing instrupent was acknowledged before me by Joseph S. Broadbent,
Manager of Broadbent Ladd And Resources, LLC, a Utah Limited Liability Company this
day of V 3' I* , 2007.
Notary Public
My Commission Expires: ' -d2`~ - ~p19
-8-
RENDEZVOUS PIPELINE COMPANY k)887
By'
P. 'fl. Ri ards
Vice-President gVEY
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STATE OF LH Colorado
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)ss.
COUNTY OF S`AI&E 'D en1 Derr'
On this 5 day of, 200, before me personally appeared P. H. Richards, to me
personally known, who being by me duly sworn, did say that he is the Vice-President of Questar
Gas Management Company, a Utah corporation, member, and the seal affixed to said instrument
is the corporate seal of said corporation, and that said instrument was signed and sealed on behalf
of said corporation by authority of its Board of Directors and P. H. Richards acknowledged said
instrument to be the free act and deed of said corporation.
0 r'~- 0 eNotary Public
My commission expires:
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STATEMENT OFSVRVEYOR
BRIAN L. FORBES STATES HE IS BY OCCUPATION A REGISTERED LAND SURVEYOR EMPLOYED BY QUESTAR GAS MANAGEMENT TO
MAKE A SURVEY OF THE CENTERLINE OF A CATHODIC PROTECTION SYSTEM RIGHT-OF-WAY AS DESCRIBED AND SHOWN ON THIS
MAP; THAT THE SURVEY OF SAID WORK WAS MADE UNDER HIS SUPERVISION AND AUTHORITY, COMMENCING ON THE 28th DAY OF
JUNE, 2005: AND THAT SUCH SURVEY IS ACCURATELY REPRESENTED UPON THIS MAP. ,
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Totol R-O-W Width 10___Feet,
--!-Left, 5_.._._-Right of Centerline.
_~$O~Feet 19.28 Rods,_o.292_Acres.
of permanent R-O-W with 30 feet width fo
consEriiction
46 RIFFIN & ASSOCIATES, INC.
1414 ELK Sr, SUITE 202 SCALE: 1"-1000'
ROCK SPRINGS, WY 82901 JOB No. 14250
(307) 362-5028 DATE.• 7105106
~53
.EXH/8/TA 16
A MAP SHOWING A
PROPOSED CATHODIC PROTECTION
SYSTEM RIGHT-OF-WAY
PREPARED FOR:
QUESTAR GAS MANAGEMENT
90
14250
POWER LINE
LEGAL DESCRIPTION
OF
A PROPOSED CATHODIC PROTECTION SYSTEM
ACROSS
WESTERN WYOMING RANGE LANDS
FOR
QUESTAR GAS MANAGEMENT
JULY 5, 2006
ARIGHT-OF-WAY, 10 FEET WIDE FOR A PROPOSED CATHODIC PROTECTION SYSTEM, LYING
WITHIN THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 19 NORTH, RANGE 112 WEST,
6TH PRINCIPAL MERIDIAN, LINCOLN COUNTY, WYOMING, LYING-20 FEET ON EACH SIDE
OF THE FOLLOWING DESCRIBED CENTERLINE WITH 30 FEET WIDTH FOR CONSTRUCTION:i
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 29, THENCE SOUTH
37032'50" EAST, 471.64 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 58053'53" EAST, 56.91 FEET;
THENCE SOUTH 71°13' 15" EAST, 184.19 FEET;
THENCE SOUTH 72°22'08" EAST, 76.98 FEET TO THE POINT OF TERMINUS, SAID POINT BEING
NORTH 16°11'57" EAST, 2,319.55 FEET FROM THE SOUTHWEST SECTION CORNER OF SAID
SECTION 29.
THE TOTAL LENGTH OF A POWER LINE RIGHT-OF-WAY ACROSS WESTERN WYOMING RANGE
LANDS AS DESCRIBED ABOVE IS 318.08 FEET OR 19.28 RODS, CONTAINING 0.292 ACRES, MORE
OR LESS.
REFERENCE DRAWING No. 14250 (EXHIBIT A)
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QUESTAR GAS MANAGEMENT
1414 ELK ST., SUITE 202 SCALE.' 1"m 2000' (STING ROAD EXHIBIT
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