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HomeMy WebLinkAboutContract 37573 ^-iAR 1- "o325 MEMORANDUM OF OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § BE IT REMEMBERED that on the I� day of , 2008, a Paid Up Oil and Gas Lease was made and entered into by and between t e CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, c/o Director, Department of Engineering, 1000 Throckmorton Street, Fort Worth, Texas 76102, hereinafter called "(LESSOR)"; and CHESAPEAKE EXPLORATION, L.L.C., an Oklahoma limited liability corporation, P.O. Box 18496, Oklahoma City, Oklahoma 73154, hereinafter called ("LESSEE"), where LESSOR hereby grants, leases and lets exclusively to LESSEE for the purpose of exploring for, developing, producing and marketing oil and gas, together with any liquid or gaseous substances produced in association therewith, from the following described land situated in Tarrant County, Texas, to-wit: SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF Subject to the other provisions therein contained, said lease provides for a primary term of two (2) years, from the date thereof, and as long thereafter as oil or gas or other substances covered therein are produced in paying quantities from the leased premises or from lands pooled therewith, or this lease is otherwise maintained in effect pursuant to the provisions therein. An Executed copy of said Oil and Gas Lease is in the possession of LESSEE at its address indicated above. Executed this the Irday of , 2008. LESSOR: LESSEE: CITY OF FORT WORTH CHESAPEAKE EXPLORATION, L.L.C., An Oklahoma limited liability corporation By: &'AA KJ6 � zT By: Cl . Merritt Title: Assistant City Manager Its: Land Manager lA R ATTEST: _ 1 Contract vAuthorization City Secreta —21 OM 10 Date APPROVED AS TO FORM AND LEGALITY: By. Assis City Atto ey Date: OFFICIAL RECORD CITY SECRETARY 1 FT.WORTH, TX ACKNOWLEDGEMENTS THE STATE OF TEXAS § COUNTY OF a § BEFORE ME, ee-p-Q-- the undersigned notary public, on this day personally appeared !E , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged, that (s)he has executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office this JDA day ofd , 2008. Notary Public, State of Texas My Commission Expires: p,7—,g6—a0// Commission Number: Dob 7 _ HETT!E LANE MY CGPdwIISSIGN EXPIRES JUIV 23,2011 STATE OF OKLAHOMA § COUNTY OF OKLAHOMA § This instrument was acknowledged before me this of , 2008, by Cliff J. Merritt as Land Manager of Chesapeake Exploration, L.L.C. on behad of said corporation. Notary ublic, State of Oklahoma J 1Ail My Commission Expirei: = XP U11 Commission Number: OF Ot' .• gnnaivav"° N RECORDRETARYTH, TX 2 EXHIBIT "A" (Sandy Lane Park) Tract l: A 26.5 acre tract of land, out of the David Hitson Survey, Abstract Number 665, as described in that certain Warranty Deed, recorded in Volume 4374 at Page 729, described by metes and bounds as follows: COMMENCING at the NE corner of said Tract 3; thence South 2 deg. 59 minutes West a distance of 300.4'; thence West a distance of 300.0' to the place of BEGINNING: THENCE South a distance of 300.0' to an iron; THENCE East a distance of 291.02' to an iron in the East line of said Tract 3; THENCE South 0 deg. 17 min. West along the East line of said Tract 3 a distance of 606.18' to an iron; THENCE North 88 deg. 41 min. West 450' North of and parallel to the south line of the McKee property (which is also the centerline of Meadowbrook Drive) a distance of 1,403.3' to an iron 30' east of the center line of Sandy Lane; THENCE North 1 deg. 15 min. East 30' east of and parallel to the west line of said McKee property (which is also center line of Sandy Lane)a distance of 874.32' to an iron ; THENCE East 300' South of and parallel to the north line of the McKee property a distance of 1,095.6' to an iron also the place of beginning and containing 26.5 acres of land more or less. Tract 2: A 2.2 acre tract of land, being part of the David Hitson Survey, Abstract Number 665, as described in that Certain Warranty Deed, Recorded in Volume 4364, Page 104 Deed Records, Tarrant County, Texas, Tarrant County, Texas, described by metes and bounds as follows: COMMENCING at the NE corner of said tract 3;Thence South 2 deg. 59 min. West 300.4 feet to the place of BEGINNING; THENCE continuing South 2 deg. 59 min West a distance of 164.58 feet to an iron; THENCE South 0 deg. 17 min. West a distance of 139.2 feet to an iron; THENCE West a distance of 291.02 feet to an iron; THENCE North a distance of 300 feet to an iron: THENCE East a distance of 300 feet to an iron also the PLACE OF BEGINNING and containing 2.2 acres of land, more or less. OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/29/2008 DATE: Tuesday, July 29, 2008 LOG NAME: 30SANDY LANE PK REFERENCE NO.: L-14611 SUBJECT: Authorize Execution of a Lease Agreement with Chesapeake Exploration, LLC, with a Bonus Amount of $602,700.00 and a Twenty-Five Percent Royalty for Natural Gas Drilling under Sandy Lane Park Located at 2001 Sandy Lane Drive RECOMMENDATION: It is recommended that the City Council authorize execution of a lease agreement with Chesapeake Exploration, LLC, with a bonus amount of $602,700.00 and a twenty-five percent royalty for natural gas drilling under 28.7 acres, more or less, of City-owned properties located in Tarrant County, Texas, known as Sandy Lane Park located at 2001 Sandy Lane Drive for a two-year primary term. DISCUSSION: On April 29, 2008, (M&C L-14521) Fort Worth City Council authorized the conversion of dedicated parkland known as Sandy Lane Park for the purpose of subsurface drilling and extraction of natural gas. On February 19, 2008, (M&C L-14472) Fort Worth City Council authorized City staff to advertise a request for proposals from private companies to drill for natural gas under 5,422 estimated mineral acres of City- owned properties, including 500 acres of miscellaneous parcels and right-of-way. Sandy Lane Park is located at 2001 Sandy Lane Drive. Acceptance of this lease agreement will reduce the approved 500 miscellaneous mineral acres of City-owned parcels by 28.7 net mineral acres, more or less. A request for bid proposals (RFP) for Sandy Lane Park was advertised for three consecutive weeks in the Fort Worth Star-Telegram, published on May 9, May 15, and May 22, 2008. The following sealed bid for the gas lease was received and opened on May 29, 2008: Bidder Lease Bonus/Acre Total Lease Bonus Percent Royalty Chesapeake Exploration, LLC $21,000.00 $602,700.00 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 First Amendment to City Secretary Contract No. 29698, Alternative Assets Agency Account Agreement with JPMorgan Chase and the City, 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 from JPMorgan Chase is estimated to be $572,565.00, more or less. The City has established a Minority Women Business Enterprise (M/WBE) participation goal of three percent on City-owned property of 40 acres or more without an investment goal. On leases of City-owned http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 9/12/2008 Page 2 of 2 property of 700 acres or more, the City has established an option of either a three 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. Revenues received from this lease will be administered in accordance with the current City Council Policy on Gas Well Revenues. The Property is located in COUNCIL DISTRICT 5, Mapsco 80C. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that the Engineering Department is responsible for the collection and deposit of funds from this agreement. TO Fund/Account/Centers FROM Fund/Account/Centers C282 446100 801929990100 $602,700.00 C282 VARIOUS 801929990100 $30,135.00 Submitted for City Manager's Office by: Fernando Costa (8476) Originating Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Jean Petr (8367) http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 9/12/2008