HomeMy WebLinkAboutContract 43553-A1 (2)CITY SECRETARY
CONT! ::CT NO. `l
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 TO OIL AND GAS LEASE
Reference is hereby made to that certain City Secretary Contract Number(s) 43553 and
43554 an Oil and Gas Lease and/or Memorandum of Oil and Gas Lease (hereinafter referred to
as "Lease") dated the 17th day of July, 2012 and between City of Fort Worth, as Lessor, and
XTO Energy, Inc., as Lessee, whose address is 810 Houston Street, Fort Worth, Texas 76102,
such Oil and Gas Lease and/or Memorandum of Oil and Gas Lease is recorded in Document
Number D212193276 of the Public Records of Tarrant County, Texas covering the following
described lands located in Tarrant County, Texas, to wit:
0.6140 acres of land, more or less as described in Exhibit A attached to said Lease.
Whereas it is the desire of said Lessor and Lessee to amend said Lease in order to amend
Paragraph 10 in the Lease regarding Shut-in Gas Well Provisions in its entirety.
NOW THEREFORE, the undersigned do hereby amend Paragraph 10 as written in the
Lease in its entirety and replace with the following language:
10.
SHUT-IN GAS WELL PROVISIONS
If at any time after the expiration of the primary term while there is a gas well on the leased
premises or land pooled therewith which is capable of producing gas in paying quantities, but the
production thereof is shut-in or suspended for any reason, and if this Lease is not then continued in force
by some other provision hereof, then this Lease shall nevertheless continue in force as to such well and the
pooled unit or proration unit allocated to it for a period of sixty (60) days from the date such well is shut-in
or at the end of the primary term, whichever is the later date Before the expiration of any such sixty (60)
day period, Lessee or any Assignee hereunder may pay or tender to the Lessor a shut-in royalty equal to
Five Hundred Dollars ($500.00) per shut-in gas well and if such payment or tender is timely made, this
Lease shall continue in force but only as to said well or wells and the proration unit or the pooled unit
allocated to it or them and it shall be considered that gas is being produced from said well or wells in
paying quantities for one (1) year from the date such well or wells are shut-in, and in like mariner one, and
only one, subsequent shut-in royalty payment may be made or tendered and it will be considered that gas is
being produced from said well or wells in paying quantities for such additional one (1) year period as well.
Lessee shall not be entitled to recover any shut-in royalty payments from the future sale of gas.
Should such shut-in royalty payments not be made in a timely manner as provided in this section, it will be
considered for all purposes that there is no production and no excuse for delayed production of gas from
any such well or wells, and unless there is then in effect other preservation provisions of this Lease, this
Lease shall terminate Lessee shall pay or tender directly to the Lessor at the address as shown in
Paragraph 19 all shut-in royalty payments as required by this Lease
j BERRY S I REST ROW VI
OE
Except as amended herein, all other terms and conditions of the Lease shall remain in full
force and effect throughout the term of the Lease.
NOW THEREFORE IN CONSIDERATION of the above and the receipt of valuable
and adequate consideration, the receipt and sufficiency of which are hereby acknowledged, the
undersigned does hereby ratify, adopt and confirm the Lease as hereby amended, as a valid and
subsisting Lease and the undersigned Lessor does hereby grant, demise, lease and let unto XTO
Energy Inc. the present owner of said Lease, the premises described above, subject to and in
accordance with all of the terms and provisions of said Lease as hereby amended.
This agreement shall be binding upon and inure to the benefit of the parties hereto, their
respective heirs, legal representatives, successors and assigns.
EXECUTED the
2012.
Lessor:
CITY OF FORT WORTH
,
By: Fernando Costa
Title: Assistant City Manager
ATTEST:
'Sit/ J• /6ft
APPROVED AS
By:
0 FORM AND LEGALITY:
VL1 igyetindA>
STATE OF TEXAS §
COUNTY OF TARRANT §
day of4MA2012, but for all purposes effective June 17,
q4-pual.t1,A
A
det c°10*''zib
0 000 0000
v 0 o Teo'
?btias
.cricY
banstatiermsPt
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 /7 day o �� / i 2012.
My Commission Expires
ektiti
•
r .
EVON;A DANIELS
MY COMMISSION EXPIRES
July 10, 2013
.
otary Public State of Texas
BERRY STREET ROW VI
Tt
Lessee:
XTO Energy, Inc.
By: Edwin S. Ryan Jr.
Title: Sr. Vice President —Land Administration
STATE OF TEXAS §
COUNTY OF TARRANT §
B RE. M e undersigned,
a Notary Public, on this day personally appeared
atth
(1f_),V
� , on behalf of XTO Energy, Inc., known to me to be
the person whose nameis 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 ic;41L I
My Commission Expires:
/Cc
•
day of
tainliatri 2012.
Notary Public State of Texas
3 BERRY STREET ROW VI