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HomeMy WebLinkAboutContract 35514 1TY SECRETARY"ONTRgCT NO. 35n4 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. MEMORANDUM OF PAID UP OIL AND GAS LEASE THE STATE OF TEXAS ) )ss. COUNTY OF TARRANT ) KNOW ALL MEN BY THESE PRESENTS,that CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas as Lessor, executed and delivered to CHESAPEAKE EXPLORATION LIMITED PARTNERSHIP, P.O. Box 18496, Oklahoma City, OK 73154-0496, as Lessee, a Paid Up Oil and Gas Lease dated s?Etlae Z00!7 (the"Lease"), covering the following described land: See Exhibit"A"attached hereto and made a part hereof. WHEREAS, said Oil and Gas Lease and all rights thereunder are now owned by CHESAPEAKE EXPLORATION LIMITED PARTNERSHIP, an Oklahoma limited partnership, whose address is P.O. Box 18496, Oklahoma City, Oklahoma 73154- 0496. The Lease is to provide for a primary term of Two(2)years from r-7Une Z 24>01 and as long thereafter as oil, gas and related hydrocarbons are produced in p ying quantities from the Lands, or lands pooled or unitized therewith, according to and by the terms and provisions of the Lease. The Lease is subject to other various terms, conditions and provisions, all of which have been agreed to by and between Lessor and Lessee, as set forth in the Lease. The Lease, with all of its terms, covenants and other provisions, is referred to and incorporated into this Memorandum for all purposes. If there is a conflict between the terms of this Memorandum and the terms of the Lease, the terms of the Lease shall control in all respects. Lessor and Lessee have possession of fully executed copies of the Lease. The purpose of this Memorandum of Paid Up Oil and Gas Lease is to evidence the existence of the Paid Up Oil and Gas Lease and to give third parties notice of the same. LESSOR: CITY OF FORT WORTH By: C L" 14 ow i PPIROVED AS TO Name: Marc A.Ott FORM AND LEGALITY: Assistant ci .mac. Title: ASS TANT CITY ATTORNEY ,ttested Sy; LESSEE:CHESAPEAKE EXPLORATION LIMITED PARTNERSHIP, FNA-Z�!!�L� an Oklahoma limited pa ership Marty Hen ix r'!tv Secretary hf By: ' I a. Cliff J. Merritt k I .ontract Authoriaatiox 9 6� Land Manager-Barnett Shale y Date 9 ACKNOWLEDGMENTS THE STATE OF TEXAS § COUNTY OF TARRANT _§ BEFORE ME, a n-C- the undersigned notary public, on this day personally appeared h,. 1). C ocd.y known to me to be the! person whose name is subscribed to the foregoing instrument and, that(s)he has executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this % dray of Fey _ 2007. Notary Public, State of Texas My Commission Number: _July 26,2007 My Commission Expires: 00693591-7 STATE OF OKLAHOMA } } ss: COUNTY OF OKLAHOMA } This instrument was acknowledged before me this day of_ '� 2007, by CLIFF J. MERRITT, LAND MANAGER—BARNETT SHALE of CH APEAKE EXPLORATION LIMITED PARTNERSHIP, on behalf of said partnership. Notary Public, State of Oklahoma My Commission Number: My Commission Expires: nu Q�5 EXHIBIT"A" 4.03 acres, more or less, out of the R. Crowley Survey, A-313, more particularly described by metes and bounds in that certain Deed dated August 15, 1941, by and between J.M. Lamb and wife, Emma Morgan Lamb, as Grantor and the City of Fort Worth, as Grantee, recorded in Volume 1493, Page 590 of the Deed Records of Tarrant County, Texas. (University Drive N./Trinity River) END OF EXHIBIT"A" 71 �25.3 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/29/2007 DATE: Tuesday, May 29, 2007 LOG NAME: 30UNIV DR LEASE REFERENCE NO.: **L-14325 SUBJECT: Approve Acceptance of Lease Agreement with Chesapeake Exploration Limited Partnership for Natural Gas Drilling Under 4.03 Acres, More or Less, of City-Owned Properties Located in Tarrant County, Texas, known as University Drive North/Trinity River RECOMMENDATION: It is recommended that the City Council approve the acceptance of a lease agreement for natural gas drilling under 4.03 acres, more or less, of City-owned properties located in Tarrant County, known as the University Drive North/Trinity River to Chesapeake Exploration Limited Partnership for a two-year term. DISCUSSION: On May 17, 2005, (M&C G-14798) Fort Worth City Council authorized City staff to advertise a request for proposals from private companies to drill for natural gas under 3,651 estimated mineral acres of City- owned properties including 500 acres of miscellaneous parcels and right of way. The University Drive North/Trinity River lease is located at 400 North University Drive just east of the University Drive Bridge at the West Fork of the Trinity River. Acceptance of this lease agreement will reduce the approved 500 miscellaneous mineral acres of City-owned parcels by 4.03 mineral acres, more or less. A request for bid proposals (RFP) was advertised for three consecutive weeks in the Commercial Recorder, published on March 29, April 5 and April 12, 2007. The following sealed bid for the gas lease was received and opened on April 19, 2007. Bidder Lease Bonus/Acre Total Lease Bonus % Royalty Chesapeake Exploation Limited Partnership $6,126.00 $24,687.78 25 The bid received was evaluated by staff and the City's mineral asset management consultant, JPMorgan Chase. In addition to the lease bonus rate and royalties paid to the City, the bidder's drilling plan, reputation, financial status, project team and compliance history were also evaluated. In accordance with the Alternative Assets Agency Account Agreement between JPMorgan Chase and the City (City Secretary Contract 29698), JPMorgan Chase will serve as the depository of the lease bonus revenue until the City requests wire transfer of the funds. The net transfer to the City less administrative and legal fees of $1,234.39 is estimated to be $23,453.39 more or less. The City has established a Minority Women Business Enterprise (M/WBE) participation goal of 3 percent on City-owned property of 40 acres or more without an investment goal. On leases of City-owned property of 700 acres or more, the City has established an option of either a 3 percent M/WBE goal or the inclusion of an M/WBE investor. This lease is less than 40 acres therefore no M/WBE participation goal is required. It is anticipated that the lease bonus and royalty proceeds will be deposited in the Capital Projects Reserve http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/12/2007 Page 2 of 2 Fund. The Property is located in COUNCIL DISTRICTS 2 and 9, Mapsco 62 S,T. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the Engineering Department is responsible for the collection of funds due the City under this agreement. TO Fund/Account/Centers FROM Fund/Account/C enters GC10 446100 013010001000 $23,453.39 Submitted for City Manager's Office by: Marc A. Ott (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Jean Petr (8367) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/12/2007