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<br />Compatible Development and Surface Use Agreement <br />THIS COfIBLE D .VEL PMENT AND SURFACE USE AGREEMENT ("Agreement"), <br />dated effective this day of R.+' 2011 is made by 'and between NOBLE ENERGY, <br />-MA- 1 INC. a Delaware corporation, ("Noble"), 1625 Broadway Suite 2200, Denver, Colorado 80202, Tim D. <br />Iverson and Jeanne Iverson, ("Iverson"), 5011 F Street, Greeley, Colorado 80631 and Lafarge West, Inc., <br />a Delaware corporation, ("Lafarge"), 11070 Church Ranch. Way, Suite 200, Westminster, Colorado <br />80021. Lafarge and Iverson may collectively be referred to as the "Mining Parties". Noble, Iverson and <br />Lafarge may collectively be referred to as the "Parties". <br />RECITALS <br />A. Iverson is the current surface owner and lessor and Lafarge is either the (i) current landowner or <br />(ii) the current lessee under one or more sand, gravel and Lafarge has a current mining lease on those <br />certain tracts of land more particularly described on Exhibit A attached hereto, located in Weld County, <br />Colorado, and hereinafter referred to collectively as the "Property." Iverson and Lafarge do not intend for <br />this Agreement to alter the terms of their mining lease. <br />B. Noble has oil and gas leasehold interests covering portions of the Property and has the right to <br />develop its oil and gas leasehold estates by drilling and operating wells ("Wells") on the portions of the <br />Property so leased ("Leased Premises"). <br />C. This Agreement provides for the compatible development.of the oil and gas estate and the surface <br />estate and sets forth the rights and obligations of the parties with respect to the development of their <br />respective interests in the Leased Premises, with all such rights and obligations to be binding upon the <br />parties and their successors and assigns. <br />AGREEMENT <br />Now, therefore, in consideration of the mutual covenants contained herein, and other good and <br />valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as <br />follows: <br />1. Areas Reserved for the Wells; Well Locations. <br />a. Mining Parties shall set aside and provide to Noble those portions of the Property <br />hereinafter referred to as the "Oil and Gas Operations Areas" as depicted on the attached Exhibit B which <br />are locations for existing and future Wells and related Production Facilities (as hereinafter defined). The <br />Oil and Gas Operations Areas shall be made available to Noble in their present condition (subject to <br />Section 2 below) for all operations conducted by Noble in connection with any Well, including, but not <br />limited to, drilling and production activities, workovers, well deepenings, recompletions, fracturing and <br />the drilling of twinned and replacement wells. The Oil and Gas Operations Areas shall include the areas <br />shown on Exhibit B which are generally in the shape of a circle with a radius of 200 feet, except as <br />otherwise reflected in the Exhibits. <br />b. Noble shall also have the right to locate, build, repair and maintain tanks, separators, <br />dehydrators, compressors and all other associated oil and gas drilling and production equipment and <br />facilities within the Oil and Gas Operations Areas. <br />C. .Noble shall have the right to drill multiple Wells within. the Oil and Gas Operations <br />Areas, including horizontal and directional wells that produce in whole or in part from the Property. Oil