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HomeMy WebLinkAboutContract 43553-A1 CITY SECRETARY " Sr ___�73 CONTRACT CEO. I 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 ail 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 S 10 Houston Street, Fort worth, Texas 76102, such ail and Gas Lease and/or Memorandum of Gil 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 manner 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. 1 BERRY STREET Raw V1 11 -03-12 A09 : 03 IN 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. 12 G �EX ECUTED the G da o 12 but for all u ores effective une 17 Y � purposes � 2012. Lessor: CITY OF FORT WORTH X011?. By: Fernando Costa '°� �,� 00 Y ' 0 %0 Title. Assistant City Manager � Q �.Q 0 v 0 U ATTEST: 0 0 00 0 0 s � 000000000 00 �� r q y � . APPROVED A 0 FORM AND LEGALITY: APPROVED t 1 i By: o � STATE OF TEXAS § COUNTY OF TA.R-RANT § 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 day o 2012. otary Public State of Texas My Commission Expires. 2 BERRY STREET ROW VI *� uONlA DANIELS my COMM10 h sloN EXP18Es +'4 lilt;.*' July 10,2013 Lessee: XTO Energy, Inc. ea0h... Al By: Edwin S.Ryan Jr. Title: Sr. Vice President—Land Administration ` STATE OF TEXAS § COUNTY OF TARRANT § B RE MFG.. 4e undersi ed, a Notary Public, on this day personally appeared , on behalf of XTG Energy, Inc., 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. C_ . �� �,��� GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of [. , Zo 12. C�ARUI F.W�.lCES � ' Notary Public State of Texas My Commission Expires: - 3 BERRY STREET ROW VI