Theodore S. Sutton, as Trustee of the Theodore S. Sutton Inheritance Trust u/t/d 4/26/2005 v. DCP Operating Company, LP, Foreign Limited Partnership

IN THE DISTRICT COURT OF BEAVER COUNTY STATE OF OKLAHOMA THEODORE SUTTON, AS TRUSTEE OF THE ) THEODORE S. SUTTON INHERITANCE TRUST ) U/T/D 4/26/2005 ) ) Plaintiff, vs. DCP OPERATING COMPANY, LP, Foreign Limited ) Case No. CJ-2025-21 Partnership, DCP HOLDINGS LP, Inactive Foreign ) Limited Partnership and PHILLIPS 66, ) Foreign For Profit Business, ) ) Defendant. VERIFIED PETITION FOR DAMAGES COMES NOW the Plaintiff, Theodore S. Sutton, as Trustee of the Theodore S. Sutton Inheritance Trust u/t/d 4/26/2005 (hereinafter “Sutton”), by and through his attorney, Kaleb K. Hennigh of EWBANK & HENNIGH, PLLC, and for his cause of action against Defendant, alleges and states as follows: PARTIES, JURISDICTION AND VENUE 1. Plaintiff, as Trustee, and landowner is an individual residing in Harper County, Oklahoma. 2. Defendant, DCP Operating Company, LP, a/k/a DCP HOLDINGS LP, Inactive Foreign Limited Partnership formerly, DCP Midstream LP, and on information and belief operating as Phillips 66 Company, (hereinafter collectively “DCP”) is a foreign for-profit business corporation conducting business in Beaver County, Oklahoma, with an office and/or principal place of business at 6900 E Layton Ave, Ste 900, Denver, CO 80237. 3. This matter concerns a communications tower and communications tower lease agreement that was breached and damages to property that was negotiated and executed between Plaintiff and Defendant in Beaver County, Oklahoma. 4. The property that is the subject of the lease agreement is located in Beaver County, Oklahoma, venue both personal and over the subject matter is proper in Beaver County, Oklahoma pursuant to 12 Okla. Stat. Tit. § 131(2). FACTUAL BACKGROUND Plaintiff re-adopts and incorporates the foregoing paragraphs as if fully set forth herein. 5. On or about December 17, 2024, Plaintiff purchased a ten (10) acre tract of land from Regency Field Services, LLC, located in the South Half of the Northeast Quarter (S/2 NE/4) of Section 23-1N-27 ECM (hereinafter referred to as the “Slapout Tower Property”). 6. The Slapout Tower Property is a small grassland tract that maintains a 290’ foot guyed wire supported communications tower and supporting outbuilding utilized primarily for 2-way radio and point of contract related communications purposes, said tower was originally operated and utilized by DCP Midstream, LP., a gas gathering company. See attached survey of Slapout Tower Property, attached as Exhibit “A” and incorporated herein. 7. The communication tower associated with the Slapout Tower Property is regulated by federal authorities and registered as Tower ASR #1037064, with a design service life of 50 to 70 years and with proper maintenance a theoretical indefinite service life. 8. On or about April 1, 2015, Sutton entered a ten (10) year annual Tower Lease Agreement (“Tower Lease”) commencing on the first day of January, 2015, as Lessor and DCP Midstream LP, as Lessee, (“DCP”) for the right to use all the building and tower for the purposes of placing, operating and maintaining telecommunications equipment with automatic ten year renewal terms. The Tower Lease Agreement is attached as Exhibit “B” and incorporated herein by reference. 9. On information and belief during the current lease term, DCP Midstream LP was purchased, merged or otherwise transitioned to Phillips 66 and was operating as DCP Operating Company, LP, and the Defendant is herein referred to as DCP collectively or Defendant. 10. On or about January 23, 2015, at the commencement of the original lease term DCP conducted a visual inspection of the Plaintiff’s tower and observed that the tower was in good condition with no visual indications of the tower paint peeling, chalking, or fading with no visible rust and indicating no visual signs of tower damage, and that the paint was good. See attached Tower Inspection Report attached as Exhibit “C” and incorporated herein by reference. 11. The Tower Lease allowed for the installation, maintenance and operation of communications equipment and accessories by DCP. 12. The Tower Lease required DCP to install, maintain and operate the tower at all times during the term of the lease in accordance with Federal Communications Commission and Federal Aviation Administration, and all applicable rules and regulations of the Federal Communications Commission and electrical codes of other governmental authorities having jurisdiction. 13. All communication towers are governed by the publications of the Telecommunications Industry Association (TIA) enforced and regulated by the FAA and/or the FCC, which include but are not limited to structural, maintenance and operational standards. 14. The Tower Lease provides at Article V, obligations of DCP as follows: V. Lessee agrees: A. To maintain its radio tower in good working condition at all times in order that Lessee may be permitted the use of the tower as contemplated herein; and B. To maintain at all times the radio tower, including without limitations the painting of the tower and lights thereon, in accordance with the requirements of the Federal Communications Commission and any other governmental authorities having jurisdiction. C. LESSEE shall secure and furnish equipment, outlet, and electrical power to support and operate LESSEE'S equipment at its sole expense, and shall additionally provide a 20 amp circuit for LESSORS maintenance and equipment use at the location. D. LESSEE agrees to indemnify, defend, and hold LESSOR and LESSOR'S successors and assigns harmless from any claims, damages, fine, penalties, losses, judgments, cost, including response cost and attorney fees, and liabilities resulting from LESSEE'S operation on the premises resulting in any violation of any Environmental Law or otherwise by LESSEE. 15. Defendant at all times was responsible for the maintenance, general working condition, painting, lights, regulatory condition assessments, corrosion management plans and control and overall maintained and operations of the tower. 16. The Lease specified pay obligations of DCP at Article VI throughout the ten (10) year Tower Lease, including an assumed annual 3% cost of living inflation factor for the lease. 17. The Tower Lease provides in pertinent part at Article VII, the following agreement by the parties regarding valuation of the tower and remedies available to Sutton in the event of negligent or irresponsible acts by the Defendant: LESSEE shall be and remain responsible for maintaining LESSOR'S properties leased herewith, including the tower and all accessories thereto. LESSEE acknowledges that the tower and accessories thereto have a fair market value of $325,000.00 and agrees to replace or refund the Lessor for property if caused by LESSEE neglect or irresponsible acts. Not acts of God. 18. The Tower Lease provides automatic renewal and payment terms at Article VIII, Specifically providing as follows: This lease shall commence on the first day of January, 2015 and continue for a period of ten (10) years, and shall thereafter be renewed automatically for successive ten (10) year terms, with adjusted annual payments based upon the assumed 3% increase in inflation. By way of explanation, the annual payment for the first year of the renewal 10 year extension shall be the sum of $40,439.86 ($39,262.00 + 3% of 39,262.00). This lease may be terminated at the end of any year during the term of this lease by either party giving 90 days written notice prior to the end of any lease lease year. 19. On or about January 17, 2025, following the first 10-year term of the Lease Agreement a tower inspection of Plaintiff’s tower was conducted and found amongst other things that the tower galvanize was warn away at many points, the tower had observable surface rust, it had broken, cracked and missing paint that the guy wires were rusty and not in compliance with federal and state regulations, that guy point and ground wires were broken and needed replaced and the present condition of the tower was unsafe to climb. 20. On or about April 9, 2025, Plaintiff received correspondence letter from Defendant, wherein Defendant acknowledged and confirmed the responsibility of Defendant to bear and perform full maintenance and maintenance costs for the tower, deemed ongoing maintenance of the tower was too burdensome and that the tower would need to be replaced. The Defendants further sought to purchase the tower for $50,000.00, dismantle and remove the tower. See attached correspondence letter as Exhibit “D” and incorporated herein by reference. 21. Defendants subsequently communicated to Plaintiff on April 14, 2025, that the tower was no longer viable. 22. On information and belief the tower has now failed a density test rendering the tower useless for Plaintiff’s ongoing and future use. 23. The lack of required maintenance by Defendant on the tower from the period of January 2015 through July of 2025 is a negligible and irresponsible act and has resulted in significant loss of service life of the tower and rendered the tower useless. 24. The Tower Lease has automatically renewed commencing its first successive ten (10) year term, effective the first day of January 2025, Defendant is currently obligated and bound to the terms and conditions of the Tower Lease for ongoing payments, operations and maintenance. CAUSES OF ACTION COUNT I – BREACH OF CONTRACT Plaintiff re-adopts and incorporates the foregoing paragraphs as if fully set forth herein. 25. Plaintiff and DCP entered into a lease agreement for operation of telecommunications equipment located in the NE/4 of Section 23, Township 1 North, Range 27 ECM Beaver County, Oklahoma. 26. Defendant has wholly failed to comply pursuant to the terms and conditions of the Tower Lease Agreement. 27. Defendant has failed to install and operate its equipment in accordance with the terms and conditions of the Tower Lease Agreement. 28. Defendant has failed to maintain the tower in accordance with the terms and conditions of the Tower Lease Agreement. 29. Defendant has failed to maintain the tower in compliance with the Federal Communications Commission, the Federal Aviation Administration, and other governmental authorities having jurisdiction. 30. The Defendant has failed to comply with all rules and regulations of the Federal Aviation Administration, Federal Communications commission and other governmental authorities having jurisdiction. 31. The Defendant has failed to Comply with TIA-222-1 Section 14.3 by failing to perform Maintenance and Condition Assessment on a minimum of a 3-year interval. 32. Defendant has failed to maintain a corrosion management plan and scheduled maintenance requirements pursuant to TIAA publications. 33. Defendant actions have led to the direct infiltration of water into the structure of the tower causing substantial rust of the tower which has directly led to the loss of structural integrity of the tower significantly reducing the useful life of the tower and rendering the tower useless. 34. Defendant is liable to Plaintiff for contractual damages of the value of the tower of $325,000.00 plus 3% inflation over the course of 10 years. 35. Defendant is liable to Plaintiff for contractual rental payment obligations on the existing lease of $423,157.81, which cannot be recovered due to Defendant’s actions. WHEREFORE, Plaintiff is seeking judgment against Defendant for damages resulting from Defendant’s breach of contract in the amount of $325,000.00, plus 3% inflation over the course of 10 years, $423,157.81 in contractual rental payments and for court costs and attorney fees, and for such other and further relief as the Court deems just and equitable. COUNT II – NEGLIGENCE Plaintiff re-adopts and incorporates the foregoing paragraphs as if fully set forth herein. 36. Defendant was negligent in performance of its contractual obligations under the Tower Lease. 37. Defendant was negligent in operating its equipment in accordance with the terms and conditions of the Tower Lease Agreement. 38. Defendant was negligent and failed to perform regulatory maintenance on the tower. 39. Defendant was negligent in failing to perform requisite maintenance and condition assessments on the tower. 40. Defendant was negligent in its performance or failure to perform or maintain a corrosion management plan or its performance or failure to perform condition assessments throughout the term of the lease agreement. 41. Defendant was negligent in its obligation to the Plaintiff to maintain the tower in good working condition. 42. Defendant was negligent in maintaining the metal security fence at the base of the tower. 43. As a direct and proximate result of Defendant’s negligence, plaintiff has suffered property damages including loss of use and lost future income damages over the lifetime of the tower in excess of $748,157.00. WHEREFORE, Plaintiff prays for judgment against the Defendant as set forth above and in an amount in excess of the amount required for diversity jurisdiction, for court costs and attorney fees and for such other and further relief as the Court deems just and equitable. Respectfully submitted, Kaleb K. Hennigh, OBA No. 20070 Ewbank & Hennigh, PLLC 1010 W. Maple Enid, Oklahoma 73703 Telephone: (580) 234-4334 Facsimile: (580) 823-8756 Email: [email protected] Attorney for Plaintiff STATE OF OKLAHOMA COUNTY OF Garfield ss. Theodore S. Sutton, as Trustee of the Theodore S. Sutton Inheritance Trust u/t/d 4/26/2005, of lawful age, being first duly sworn upon oath, states: That she has read the above and foregoing and knows that the statements and allegations therein contained are true and correct. [Signature] Theodore S. Sutton, Trustee Subscribed and sworn to before me this 17 day of September, 2025. [Signature] Notary Public SURVEY OF EXISTING DCP MIDSTREAM SLAPOUT TOWER SITE IN S/2 NE/4 OF SECTION 23, T1N, R27E, BEAVER COUNTY, OKLAHOMA QUIT CLAIM DEED BETWEEN REGENCY FIELD SERVICES & THEODORE S SUTTON INHERITANCE TRUST ON 17 DECEMBER 2014 GUY WIRE GUY WIRE GUY WIRE GUY WIRE GUY WIRE GUY WIRE NO EVIDENCE FOUND FOR 10 ACRE CORNERS NOTE: BEARINGS ARE GRID BASED ON OKLAHOMA STATE PLANE COORDINATE SYSTEM AND DISTANCES ARE HORIZONTAL GROUND. WORK ORDER #: ______ FILE NAME: SLAP TOWER SITE DRAWING BY: MM DATE DRAWN: 1-19-15 SCALE: 1" = 200' DRAWN BY: MM DATE SURVEYED: 1-17-15 SHEET: 1 of 1 TOWER LEASE AGREEMENT This agreement, made and entered into this 1st day of April, 2015 by and between Theodore S. Sutton of the Theodore Inheritance Trust, dated April 26 2005, of P.O. Box 163, Laverne, OK 73848, hereinafter referred to as "Lessor", and DCP Midstream LP hereinafter referred to as "Lessee". A. The Lessor currently owns certain land and the tower located at the NE1/4 of Section 23-IN-27 ECM, and building located at the same location, as shown on the attached plat. B. Lessee desires to obtain the right from Lessor to use all of the Building and Tower on site for the purpose of placing, operating and maintaining on the Site, Lessee's telecommunications equipment. Lessor is willing to grant such a right to Lessee for such purpose subject to the terms and conditions set forth herein. I. Lessor grants to Lessee, subject to the following terms and conditions and the rentals hereinafter specified, permission to install and operate the following described equipment at Lessor's tower located at plat attached. A. Lessee's communications equipment and accessories, consisting of transmitters and receivers. B. Antennas and transmission lines currently installed or new to be furnished by Lessee. Provided, however, LESSEE shall provide to LESSOR a detailed list of all transmitters and receivers, as well as all and other accessories to the "tower" whether now or hereafter assembled thereon. Such listing shall be submitted to LESSOR within 30 days II. The installation, maintenance, and operation of Lessee's equipment shall be in accordance with the requirements and specifications of the Federal Communications Commission and Federal Aviation Administration. Lessee further agrees that the operation and maintenance of its equipment on Lessor's property shall comply with all applicable rules and regulations of the Federal Communications Commission and electrical codes of other governmental authorities having jurisdiction. Any installation, maintenance and/or repair work shall be performed by parties carrying Workman's Compensation Insurance and liability insurance. Coverage limits of said liability insurance shall be no less than one million dollars ($1,000,000.00). III. Lessee shall be responsible for the declaration and payment of any applicable taxes for assessments of the equipment owned by Lessee, including but not limited to, any sales or use taxes applicable to the considerations that are a part of this lease. IV. During the existence of this agreement, Lessor agrees that permission shall not be granted to any third party for the installation or use of radio or any other equipment on Lessor’s premises. V. Lessee agrees: A. To maintain its radio tower in good working condition at all times in order that Lessee may be permitted the use of the tower as contemplated herein; and B. To maintain at all times the radio tower, including without limitations the painting of the tower and lights thereon, in accordance with the requirements of the Federal Communications Commission and any other governmental authorities having jurisdiction. C. LESSEE shall secure and furnish equipment, outlet, and electrical power to support and operate LESSEE’S equipment at its sole expense, and shall additionally provide a 20 amp circuit for LESSORS maintenance and equipment use at the location. D. LESSEE agrees to indemnify, defend, and hold LESSOR and LESSOR’S successors and assigns harmless from any claims, damages, fine, penalties, losses, judgments, cost, including response cost and attorney fees, and liabilities resulting from LESSEE’S operation on the premises resulting in any violation of any Environmental Law or otherwise by LESSEE. VI. As consideration of the rights granted, Lessee agrees to pay Lessor tower rent commencing on the first day of January, 2015, and annually on the first day of each and every year thereafter throughout this ten (10) year lease agreement, the sums as follows: $30,000.00 for lease year 2015; $30,900.00 for lease year 2016; $31,827.00 for lease year 2017; $32,782.00 for lease year 2018; $33,765.00 for lease year 2019 $34,778.00 for lease year 2020; $35,821.00 for lease year 2021; $36,896.00 for lease year 2022; $38,000.00 for lease year 2023; and, $39,262.00 for lease year 2024 As of the present date $7,500.00 for each of the months of January, 2015, through February, 2015, was paid. The remainder of the year of 2015 will be due at signing of lease. March, 2015 – December, 2015. The balance due for 2015 is $25,000 for the remaining 10 months. The agreed increase for each of the foregoing years is based upon an assumed annual 3% increase in cost of living/inflation. VII. A. Lessee shall indemnify and save Lessor harmless from all claims, Demands, causes of action, or suits of whatsoever nature arising out of or resulting from Lessee’s use of the rights hereby granted to it. B. Lessor shall indemnify and save Lessee harmless from all claims, demands, causes of action or suits of whatsoever nature arising out of or resulting from vandalism or acts of God. LESSEE shall be and remain responsible for maintaining LESSOR’S properties leased herewith, including the tower and all accessories thereto. LESSEE acknowledges that the tower and accessories thereto have a fair market value of $325,000.00 and agrees to replace or refund the Lessor for property if caused by LESSEE neglect or irresponsible acts. Not acts of God. VIII. Lessee shall not assign, transfer or sublet any of the privileges described herein without the proper consent in writing of Lessor. This lease shall commence on the first day of January, 2015 and continue for a period of ten (10) years, and shall thereafter be renewed automatically for successive ten (10) year terms, with adjusted annual payments based upon the assumed 3% increase in inflation. By way of explanation, the annual payment for the first year of the renewal 10 year extension shall be the sum of $40,439.86 ($39,262.00 + 3% of 39,262.00). This lease may be terminated at the end of any year during the term of this lease by either party giving 90 days written notice prior to the end of any lease lease year. IX. Applications and connections for electric utility services on the premises shall be made in the name of Lessee only, and Lessee shall be solely liable for all electric utility charge as they become due. X. All notices or demands are deemed to have been given or made when mailed by certified mail, return receipt requested, postage prepaid, United States mail, and addressed to the applicable party as follows: XI. LESSOR has the right to terminate this lease upon any of the following events: A. If LESSOR determines upon sound engineering principles and advice that the tower has become structurally unsound and is hazardous or dangerous to persons or property. LESSEE has the right to terminate this lease upon any of the following events: A. If the approval of any agency, board, court, or other governmental authority necessary for the operation of the tower cannot be obtained after exercising due diligence in making application therefore. Or if LESSEE determines the cost of obtaining such approval is prohibitive. B. If LESSEE determines there to be signal interference and same cannot be corrected without the expenditure of prohibitive sums of money. C. If the premises are destroyed and/or rendered technically useless. In such event, all rights and obligations of the parties shall cease as of the date of the damage. D. If LESSEE is unable to occupy and utilize the premises due to any action of the FCC, including without limitation, a take back of channels or change in frequencies. XII. LESSEE agrees to maintain the currently installed metal security fence at the base of the tower with a 12' metal gate on that portion of the leased premises as is reasonable for the protection of the tower and providing entry into such fenced in property by trucks to provide maintenance to the same during the term of this lease and each extended term. XIII All notices or demands are deemed to have been given or made when mailed by certified mail, return receipt requested, postage prepaid, United States mail, and addressed to the applicable party as follows: LESSOR Theodore S. Sutton, Trustee of the Theodore S. Sutton Inheritance Trust P.O. Box 163, Laverne, OK 73848 Phone: 580-461-3871 LESSEE DCP Midstream, LP 7635 Rd 3 Liberal, KS 67901 620-482-5012 A party may change its address to which any notice or demand may be given by written notice thereof to the other party. XIV Notwithstanding anything in this lease to the contrary, LESSEE shall not be in default under this lease until thirty (30) days after receipt of written notice from LESSOR specifying LESSEE'S failure to comply with any material provision of this lease, which failure is not cured within said thirty (30) days; provided, however, where such default cannot reasonably be cured within thirty (30) days, LESSEE shall not be deemed to be in default under this lease if LESSEE commences to cure such default within said thirty (30) days and thereafter diligently pursues such cure to completion. In the event of LESSEE'S default in the payment of rentals or in LESSEE'S failure to comply with any other material provision of this lease, LESSOR may, at its option, terminate this lease without affecting its right to sue for all past due rentals and any other damages to which the LESSOR may be entitled. In the event of LESSOR'S failure to comply with any material provision of this lease, which failure is not cured within thirty (30) days after receipt of written notice thereof from LESSEE (provided, however, where any such default cannot reasonably be cured within thirty (30) days, LESSOR shall not be deemed to be in default under this lease if LESSOR commences to cure such default within said thirty (30) days and thereafter diligently pursues such cure to completion), LESSEE may, at its option, terminate this lease. Notwithstanding the foregoing, in no event shall LESSOR's right to cure exceed sixty (60) days after notice of failure to comply with this lease. The rights and remedies stated in this lease are not exclusive and the parties, in the event of a breach hereof or a dispute, are entitled to pursue any of the remedies provided herein, by law, or by equity. No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this lease shall operate as a waiver of any of the rights hereunder or by law or equity provided, nor shall any waiver of any prior default operate as the waiver of any subsequent default, and no express waiver shall affect any term or condition other than the one specified in such waiver and that one only for the time and manner specifically stated. XV. This lease and any attached exhibits constitute the entire agreement between LESSOR and LESSEE; no prior written promises, or prior contemporaneous, or subsequent oral promises or representations, shall be binding. This lease shall not be amended or changed except by written instrument signed by the parties hereto. The invalidity of any portion of this lease shall not have any effect on the balance thereof. The provisions of this lease shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of LESSOR and LESSEE. XVI. This lease shall be governed by the laws of the State of Oklahoma. XVII This lease may be executed in counter part. The effective date of this lease shall be 4-1, 2015. IN WITNESS WHEREOF, LESSOR and LESSEE have set their hands the day and year hereafter shown. Theodore S. Sutton, Trustee of the Theodore S. Sutton Inheritance Trust, dated April 26, 2005 LESSEE DATE DCP MIDSTREAM LP Jane L. Hamilton LESSOR DATE Tower Lease Agreement Sutton/DCP Midstream LP STATE OF OKLAHOMA ) SS: COUNTY OF TEXAS ) This instrument was signed, sworn to and acknowledged before me this 7th day of April, 2015, by Theodore S. Sutton, Trustee of the Theodore S. Sutton Inheritance Trust, dated April 26, 2005. By: Alicia Luera My Commission Expires: Notary Public Commission No.: ALICIA LUERA Notary Public State of Oklahoma Commission #11005551 Expires 06/20/15 STATE OF Oklahoma SS: COUNTY OF Dallas ) This instrument was signed, sworn to and acknowledged before me this 7th day of April, 2015, by Alicia Luera. My Commission Expires: ____________________________ Notary Public Commission No. ALICIA LUERA Notary Public State of Oklahoma Commission #11005551 Expires 06/20/15 Tower Inspection Report Tower Name: Slapout SCADA FCC Registration Number: 1037064 Date: January 23, 2015 Technician: Brandon Whittington Inspections | Yes | No PARABOLAS LOOSE BRACES | NA | HOLES | NA | BENT MESH | NA | REFLECTORS BROKEN MEMBERS | NA | HOLES | NA | SECURED PROPERLY | NA | UHF DIPOLES HOLES | NA | MISSING MEMBERS | NA | CONNECTOR | NA | ALIGNMENT | NA | VHF ANTENNAS BENT MEMBERS | NA | LOOSE BOLTS | NA | BROKEN INSULATORS | NA | SECURED PROPERLY | NA | CORROSION | NA | VSWR-CONTINUITY | NA | TRANSMISSION LINES WATER IN LINE | X | TANK PRESSURE | NA | LEAKS | X | BROKEN HANGERS | X | HOLES | X | CATHODIC PROTECTION GROUNGING | X | BROKEN ANODE | X | WIRES | CONCRETE FOUNDATIONS SETTING | X | TILTING | X | CRUMBLING | X | LINE PRESSURE LBS. | E. Main NA | W. Main NA | E. Div. NA | W. Div. NA | UHF NA VHF | NA Stub | NA Stub | NA | NA TOWER STRUCTURE TOWER PLUMB BOWED OR KINKED | X | MISSING OR LOOSE BOLTS | X | RUSTED BOLTS | X | BENT/MISSING MEMBER | X | RUST AREAS | X | VISUAL INSPECTION | X | Tower Paint PEELING | X | CHALKING | X | FADING | X | GUYS LOOSE CLAMPS | X | BROKEN STRANDS | X | CLEAR GUY PATH | X | RUSTING | X | TENSION | X | GUY HARDWARE TURNBUCKLE | X | THREAD EXTENDING | X | SAFETY PINS INTACT | X | ANCHORS RUST | X | GROUND RUST | X | GROUNGING | X | EROSION | X | PAINT PEELING | X | TOWER SITE EROSION | X | FCC SAFETY SIGNS | X | GATES IN GOOD SHAPE | X | FENCE IN GOOD SHAPE | X | GUY WIRE | ANCHORS | TRANSIT READINGS | WIND | TEMP <table> <tr><th>LEVEL</th><th>SIZE</th><th>#1</th><th>#2</th><th>#3</th><th>#1</th><th>#2</th></tr> <tr><td>6</td><td></td><td></td><td></td><td></td><td></td><td></td></tr> <tr><td>5</td><td></td><td></td><td></td><td></td><td></td><td></td></tr> <tr><td>4</td><td></td><td></td><td></td><td></td><td></td><td></td></tr> <tr><td>3</td><td></td><td></td><td></td><td></td><td></td><td></td></tr> <tr><td>2</td><td></td><td></td><td></td><td></td><td></td><td></td></tr> <tr><td>1</td><td></td><td></td><td></td><td></td><td></td><td></td></tr> </table> TOWER LIGHT MONITORING SYSTEM IN USE? Yes BRAND: RTI MODEL: TMS-RTS300 REMARKS: No Cattle Guard, or Lockable Gate at entrance of Tower Location. Barb Wire around 2nd perimeter fence is damaged. (will be repaired). No visual signs of damage to tower. Paint appears good. No missing bolts around turnbuckles or anchors. Small amount of rust on 2nd East guy wire. Anchor perimeter fences and guards need painting due to rust. Only a visual inspection was done on this tower. No Guy pounds were tested. Technician Name: Brandon Whittington Company: DCP Midstream Technician Signature: FCC License: Yes FCC License #: FRN: 0021985361 Tech. Phone: 806-654-3620 CJ-2025-21 Marq Standberry Supervisor, Field Communications PHILLIPS 66 HEADQUARTERS HQS/N1111-01 2331 CityWest Blvd Houston, TX 77042 April 9th, 2025 Mr. Sutton PO. Box 163 Slapout, OK 73848 Dear Mr. Sutton, I am writing to express our concerns regarding the current lease agreement for the radio tower located in Slapout, OK ASR 1037064. As you are aware, our agreement requires us to bear the full maintenance costs for the tower which has recently become a significant burden due to the need for a complete replacement. You have made this clear when we last spoke on the phone on April 9, 2025. We would like to extend an offer to purchase the tower from you for $50,000. Upon purchase, we will take full responsibility for dismantling the tower and clearing the land. We understand that you do not have a particular interest in maintaining the tower, and this proposal would relieve you of any future obligations related to it. The cost of replacing the tower is substantial, and given the circumstances, we believe the proposal to purchase and remove the tower would be mutually beneficial. We would appreciate the opportunity to discuss this matter further and reach an agreement that works for everyone involved. Thank you for your attention to this matter. We look forward to your response. Sincerely, [signature] Marquard Standberry Supervisor, Field Communications Phillips 66 6175 Highland Rd Beaumont, TX [email protected] (409) 781-4934