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HomeMy WebLinkAboutContract 40971-A1 MY SECRETARY Uh l CONTRACT N0. - NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. AMENDMENT, EXTENSION, RATIFICATION & REVIVOR OF OIL AND GAS LEASE STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT ) WHEREAS, a certain Oil and Gas Lease dated September 22, 2010 was executed by and between the City of Fort Worth, a home rule municipal corporation of the State of Texas, as Lessor, and Chesapeake Exploration, LLC, as Lessee; the Oil and Gas Lease and/or Memorandum of Oil and Gas Lease being recorded in Instrument No. D210267659 of the official public records of TARRANT County, Texas, ("the Lease"), covering the following described lands: 1.4983 acres, more or less, being Lots 23 and 26 and the N/2 Sections 22, 24 and 25, all in Block 1, Tandy and Wakefield Addition to the City of Fort Worth, Tarrant County, Texas, according to the plate recorded in Vol. 309, Page 61, Deed Records, Tarrant County, Texas. (Sagamore Hills Park) WHEREAS, it is the intent of the parties hereto, that any and all lands covered under said lease are subject to the terms of this agreement, whether or not specifically described herein; and WHEREAS, the Lease has expired and prior to the expiration of said lease, the working interest thereunto appertaining was owned of record by Chesapeake Exploration, LLC (a/k/a Chesapeake Exploration Limited Partnership) and Total E&P USA., Inc., and it is now the desire of Lessor to adopt, ratify, revive, confirm and extend said Lease; NOW, THERFORE, for good and valuable consideration in hand paid to the undersigned by Chesapeake Exploration, LLC (a/k/a Chesapeake Exploration Limited Partnership) and Total E&P USA., Inc. the receipt and sufficiency of which is hereby acknowledged; the undersigned do hereby revive and amend the Lease to allow and provide for an extension of the Lease for an additional term of one (1) years, being until September 22, 2013 and for as long thereafter as oil or gas, or either of them, is produced from said land or lands pooled therewith and as long thereafter as producing and the undersigned does hereby specifically adopt, ratify, revive, confirm and extend said lease in all of its terms and provisions and do hereby demise, lease and let said premises unto Chesapeake Exploration, LLC (a/k/a Chesapeake Exploration Limited Partnership) and Total E&P USA., Inc. its successors and assigns, subject to and in accordance herewith, and do hereby declare and agree that the said Lease in all of its provisions is binding, and that the same is a valid and subsisting Oil and Gas Lease. OFFICIAL.RECORD Page 1 of 4 CITY SEGMARW Dr, Ratification—Sagamore Hills Park N FT.WORTH,TX FURTHER, the provisions hereof shall be binding upon the parties hereto, their respective heirs, legatees, devisees, personal representatives, successors and assigns. EXECUTED the day of 1 , 2012, but for all purposes effective the 22nd day of September, 20 ID, , LESSOR: CITY OF FORT WORTH Contract Authorizatiox 45,?,,.,�,�,� C� 1111 10 By: Fernando Costa a�a��,Qn� nate Title: Assistant City Manager ,oa OFF 0400000000, #'� ATT ST: --� 0. Q OO 0 ty Secreta °°° >000 �iS �4� OFFICIAL RECORD APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY FT,WORTH9 TX Assistant tity Attorney ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, a home-rule municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and, that he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this Ind ay of . 2012. [SEAL ' Notary Public in and for the State of Texas My Commission Expires: Print Name of Notary Public Here EVONIA 1 MY COMMISSION DANIELS .E+; July 10,2013 Page 2 of 4 Extension,Revivor,Ratification—Sagamore Hills Park LESSEE: CHESAPEAKE EXPLORATION L.L.C. an Oklahoma L71-- Henry ompany By: J. ood, SVeneral ice President— Land and Legal & Counsel (x� STATE OF OKLAHOMA § COUNTY OF OKLAHOMA § This instrument was acknowledged before me on this day of 2012, by Henry J. Hood, as the Senior Vice President - Land and Legal f General Counsel of Chesapeake Exploration, L.L.C., an Oklahoma limited liability company, on behalf of said limited liability company. Given under my hand and seal the day and year last above written. Notaysnarnie ubli ate of Okla ma Not (printed): _ #11001263 Notary's commission expires: EXP. 02i14r15 ,�''OF....oK0P 11S,. Page 3 of 4 Extension, Revivor,Ratification—Sagamore Hills Park TOTAL E&P USA, INC., a Delaware Corporation By: Fabien Colmet naage Vice President — Business De elopment and Strategy STATE OF TEXAS ) COUNTY OF HARRIS ) , i L The foregoing instrument was acknowledged before me this 1-2i day of 2012, by Fabien Colmet Daage as Vice President— Business Dever pment and Strategy of TOTAL E&P USA, INC., a Delaware corporation, as the act , d deed and behalf of such corporation, o�aY Poo, JOY w PHILLIPS �� of u I i and for the State of as < NOTARY PUBLIC,STATE OF TEXAS t N n e (printed): MY COMMISSION EXPIRES l } JULY 31, 2012 lti ary ommission expires: l r`CF V 1 Page 4 of 4 Extension, Revivor, Ratification—sagamore Hills Park M&C Review Pagel of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA COUNCIL ACTION: Approved As Amended on 11/17/2009-Amendment is Highlighted In Yellow DATE: 11/17/2009 REFERENCE NO.: L-14889 LOG NAME: DMIN LA LEASSESES CODE: L TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Administrative Approval and Execution of Leases for Natural Gas Drilling Under City-Owned Properties of Five Acres or Less in Size RECOMMENDATION: It is recommended that the City Council authorize the City Manager to approve and execute leases for natural gas drilling under City-owned properties that are five acres or less in size. DISCUSSION: On January 18, 2007, (M&C G-15588) Fort Worth City Council authorized the City Manager to approve and execute leases for natural gas drilling under City-owned non-park properties that are two acres or less in size. From time to time, the City is asked to lease isolated City-owned properties in various locations that are five acres or less. City staff is recommending that gas leases for these properties be administratively approved for natural gas drilling leases after evaluation of the gas company's drilling plan, reputation, financial status, project team and compliance history by staff and the City's mineral asset management consultant, Midkiff Oil and Gas. The leases would be executed through an internal administrative process involving the Planning and Development Department, the City Attorney's Office and the City Manager's Office. The purpose of this change is to allow staff to negotiate and expedite processing of small leases in order to ensure that the City is not excluded from units due to the time necessary for City Council review. Requirements and guidelines to be followed in determining eligibility for inclusion in the Administrative Gas Lease Process are as follows: City-owned property five acres or less; No surface use of any kind; No Identified adverse Impact to the surrounding neighborhood; Compliance with the City's gas drilling ordinance; Minimum bonus to be determined by current market rate; Minimum royalty of 25 percent; The distribution of lease bonus and royalties will be in accordance with the revenue distribution policy approved by the City Council; and No M/WBE goal will be required due to the size of the parcels. The lease will be presented to City Council for consideration prior to execution for any City owned dediested perie properties under five acres if opposition to conversion is expressed by citizens in the affected neighborhood or a Council Member requests such consideration. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12668&councildate=l1/17/2009 9/17/2012 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Fernando Costa(8122) Orlainatina Department Head: Susan Alanis(8180) Additional Information Contact: Jean Petr(8367) ATTACHMENTS http://apps.cfwnet.org/council_packet/mc nwiew.asp?ID=12668&councildate=11/17/2009 9/17/2012