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1111111 IIIII IIIII IIIII 111111 IIII 1111111 III 11111 IIII IIII 3377&9 04/07/2006 04:45P Weld County, CO 6~ 1 of 11 R 66.00 D 0..00 Sleve Moreno Clerk S Recorder SURFACE USE AGREEMENT Ihis Surface Use Agreement ("Agreement") is made this 17th day of March, 2006, and is between JOP Operating Co, a Colorado corporation with an address of 10881 W.. Asbury, Suite 230, Lakewood, Colorado 80227, and lames M Martin, an individual, with an address of RRI, Box 321, Council Grove, Kansas 66846-8777 hereinafter collectively refeaed to as "Operator", and Asphalt Paviug Co., a Colorado corporation, with an address of 14802 West 44`h Avenue, Golden, Colorado 80403, hereinafter referred to as the "Surface Owner" A. Sutface Owner owns the surface estate of that certain pact of land more particularly described on Exhibi[ A attached hereto, being a portion of the North %: of the Northwest '/< of Section 25, Township 1 North, Range 67 West, 6'n P M., Weld County, Colorado {hereinafter referred to as the "Property"); B.. Sutface ownership of the Property is subject to that certain Oil and Gas Lease(s) (the "Lease") dated January 19, 1976 by and between Iohn DiIino, h., lessor, and Rodney P. Calvin, lessee, C. Surface Owner owns the swface of and the gravel tights on the Property; D Pursuant to the Lease, the Operator currently operates the DiTino John 1-A well (the "Existing Well") on the Property and may have the right to further develop its oil and gas leasehold estate by drilling additional wells (hereinafter referred to as "Fumre Wells") on the Property; and E This Agreement sets forth the parties' rights and obligations regarding the relationship between the development of the Property by Surface Owner and Operator's operation and development of its oil and gas lease, such tights and obligations to be binding upon the parties' successors and assigns In consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. AREAS RESERVED FOR FUTURE WELLS. Except as otherwise described in Section 2 below, Sutface Owner shall provide Operator the spaces designated on Exhibit B (the "Oil and Gas Operations Area" and "Top Facilities") in their present condition for the Existing Well and Future Wells. The locations of the Oil and Gas Operations Areas designated for Futwe Wells may be changed upon mutual agreement of the parties, which agreement shall not be unreasonably withheld. The Oil and Gas Operations Areas and lop Facilities are reserved for any operations conducted by Operator in connection with the Existing Wel] and Future Wells.. Except for the space included within the Oil and Gas Operations Areas, Iop Facilities, access and necessary easements associated with flowlines, gathering lines and pipelines as provided in this Agreement, Operator or designated agents and subcontractors shall not occupy the surface of the Property except in the event of an emergency, and Operator shall be shiclly and solely responsible for any damages that may occtu as a result