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HomeMy WebLinkAboutContract 37689 CITY SECRETARY 31R CONTRACT NO FIRST AMENDMENT TO OIL AND GAS LEASE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § �►'�- This First Amendment to Oil and Gas Lease (the "Amendment"), executed as of this cz/ day of June, 2008 to be effective as of the 24th day of August, 2007 (the "Effective Date"), is from CENTREPORT BARNETT, LP, a Delaware limited partnership, on behalf of itself and as holder of the executive rights of CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise Counties, Texas, (in such capacities, hereinafter referred to as "Lessor"), whose address is c/o AEW Capital Management, L.P., World Trade Center East, Two Seaport Lane, Boston, Massachusetts 02210- 2021, to CHESAPEAKE EXPLORATION L.L.C., an Oklahoma limited liability company, whose address is P.O. Box 18496, Oklahoma City, Oklahoma 73154-0496 (hereinafter referred to as "Lessee"). Capitalized terms not otherwise defined herein shall have the meanings set forth in the Lease (hereafter defined). RECITALS WHEREAS, effective as of the Effective Date, Lessor executed and delivered to Lessee an Oil and Gas Lease (the "Lease") covering the lands described or referred to in Exhibit A attached thereto and made a part thereof for all purposes (the "Leased Premises"); and WHEREAS. a Memorandum of Oil and Gas Lease (the "Memorandum") containing property descriptions of the Leased Premises was recorded in the Official Public Records of Tarrant County, Texas at Instrument #D207309368; and WHEREAS, Lessor and Lessee desire to amend and supplement the descriptions of the Leased Premises contained in the Lease and the Memorandum by executing this Amendment describing additional acreage to be included under the Lease (the "Additional Leased Premises"); NOW, THEREFORE, for and in consideration of the premises and One Hundred Dollars ($100.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Lessor and Lessee agree as follows: AMENDMENT AND SUPPLEMENT TO THE LEASED PREMISES Effective as of the Effective Date, Lessor hereby GRANTS, LEASES, and LETS exclusively unto Lessee for the sole purpose of subsurface drilling, operating, and producing Hydrocarbons from the land ]eased hereunder; together with any liquid or gaseous substances produced in association with such Hydrocarbons, the Additional Leased Premises. For the purpose of determining the amount of any bonus or other payments hereunder, Aild"itiona- eased Premises shall be deemed to contain 75.06 acres, which is in addition to 1 �Agrbf ge call under the Lease and the Memorandum of 482.19 acres. CITY SECRETARY FT.WORTH,TX HOU:2814445.1 Subject to the other provisions therein contained. the Lease is for a term of three (3) years from the Effective Date thereof(hereinafter called "Primary Term"). and for so long thereafter as Hydrocarbons are produced in paying quantities from the Leased Premises, the Additional Leased Premises, or lands pooled therewith. Duplicate copies of said Lease are in the possession of Lessor and Lessee. Lessor and Lessee agree that the mineral estate comprising the Additional Leased Premises is subject to all of the restrictions, obligations, rights, remedies, and covenants contained in the Lease, and Lessor and Lessee do hereby RATIFY, ADOPT, and CONFIRM the Lease, as amended hereby. This Amendment is given and granted without warranty of title, express, implied, or statutory, in law or in equity. Lessor agrees that Lessee, at Lessee's option, may purchase or discharge, in whole or in part, any tax, mortgage, or other lien upon the Additional Leased Premises and thereupon be subrogated to the right of the holder thereof, and may apply royalties accruing hereunder toward satisfying same or reimbursing Lessee. If Lessor owns an interest in the Hydrocarbons under the Additional Leased Premises that is less than the entire fee simple estate therein, then the royalties to be paid Lessor shall be reduced proportionately, but in no event shall the shut-in royalty amount for a gas well, as provided for in Section I l of the Lease, be reduced This Amendment shall be binding upon Lessor and Lessee, and the provisions hereof shall extend to and be binding on the respective successors and assigns of the parties hereto. EXECUTED to be effective as of the Effective Date. LESSOR: CENTREPORT BARNETT, LP, a Delaware limited partnership By: CentrePort arne t GP, LLC, its general. part er By: Name: el ra ey Title: ice President OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX HOU:2814445.1 LESSEE: CHE�APEAKFl ?{PL ,g L.L.C. an O lahoma smite i sty companyc' By: << Name: Henry J. Title: Sr. Vice President - Land and Legal & General Counsel CSS` EXHIBIT Exhibit A--Additional Leased Premises FICIAL RECORD Y SECRETARY WORTH, TX 3 HOU:2814445.1 THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK THIS INSTRUMENT was acknowledged before me on them day of June, 2008, by Daniel J. Bradley, Vice President of CENTREPORT BARNETT GP, LLC., a Delaware limited liability company, in its capacity as general partner of CentrePort Barnett, LP, a Delaware limited partnership, on behalf of said limited partnership. otary Public in and for The Commonwealth of Massachusetts My Commission expires: v,c� _ U!ta-;'ultt't-, tc L INDA PRISCO THE STATE OF § Notary 0"t7 „f,f OF MASSACHUSETTS ommission&PfreCOUNTY OF ,C?� f� �1;?f�( § aoter ta,203 kxi THIS INSTRUMENT was acknowledged before me on the �day of• f008, by th6! '' of Chesapeake Exploration L.L.C.. an 6ki"la-WrVa limited liability company, on behalf/of id limited liability company. INNIII/NI I./',j,�✓� l:�-Yvl.'+'•.V µYl Cor `1 1/f/i [SEAL] = 007004186 EXP m P Not try Publlc in and or the ulnOla" `J 4Q State State of T My Commission Expires: 41 ,1)P Print Name of Notary Public Here AFTER RECORDING, RETURN ORIGINAL TO: Kathleen Wu, Esq. Andrews Kurth LLP 1717 Main Street, Suite 3700 Dallas, Texas 75201 p CITY SECRETARY FT.WORTH,U 4 HOU:2814445.1 LaHIBIT A Additional Leased Premises C L RECORD C .:CRETARY JRTH,TX A-1 HOU2814445.1 Exhibit A Centreport Tract 13 Beim 4.977 acres of land more or less located in the J.J. Goodman Survey, Abstract No. 583 and the J.W. Thomas Survey, Abstract No. 1522, Tarrant County, Texas. Said 4.977 acres of land beim more particularly described as follows: Commencing at a point located in the northeast corner of the V. Hutton Survey, Abstract No. 681; Thence North 86 degrees 11 minutes 26 seconds East 1796.57 feet to the POINT OF BEGINNING; Thence South 89 degrees 54 minutes 00 seconds East 379.52 feet to a point, said point being in the present northwest corner of a tract of land conveyed to T. O. Haney and B. C. Wakefield by deed dated June 29, 1956 and recorded in Volume 3010, Page 398 of the deed records of Tarrant County, Texas. Thence South 00 degrees l l minutes 00 seconds West along the west line of said T. O. Haney, 612.08 feet to a point in the southerly right of way line of state highway 183; Thence along the southerly right of way line of state highway 183 the following courses and distances: South 86 degrees 45 minutes 24 seconds West 26.80 feet to a point; North 68 degrees 13 minutes 06 seconds West 109.98 feet to a point; North 78 degrees 28 minutes 40 seconds West 102.96 feet to a point; South 87 degrees 39 minutes 53 seconds West 70.10 feet to a '/z" iron rod; South 87 degrees 30 minutes 15 seconds West 78.80 feet to a point; Thence North 00 degrees 06 minutes 00 seconds East 559.17 feet to the POINT OF BEGINNING, containing 4.977 acres of land more or less. The bearings recited hereon are oriented to NAD 27 Texas North Central Zone. OFFIC! RD CITY r RY FT.W -X Exhibit A Centreport Tract 16 Being 61.582 acres of land more or less located in the A. Barnard Survey, Abstract No. 107, J. W. Thomas Survey, Abstract No. 1522, V. Hutton Survey, Abstract No. 681 and the J. J. Goodman Survey, Abstract No. 583, Tarrant County, Texas. Said 70.083 acres of land being more particularly described as follows: Commencing at a point located in the northwest corner of the V. Hutton Survey, Abstract No. 681: Thence North 72 degrees 58 minutes 30 seconds East 1305.80 feet to the POINT OF BEGINNING; Thence North 70 degrees 35 minutes 00 seconds East 147.35 feet to a point; Thence North 75 degrees 08 minutes 00 seconds East 685.44 feet to a point; Thence North 81 degrees 55 minutes 00 seconds East 369.78 feet to a point; Thence North 87 degrees 10 minutes 00 seconds East 274.67 feet to a point; Thence South 84 degrees 27 minutes 00 seconds East 452.82 feet to a point; Thence South 79 degrees 08 minutes 00 seconds East 312.08 feet to a point; Thence South 76 degrees 42 minutes 00 seconds East 1292.08 feet to a point; Thence South 74 degrees 48 minutes 00 seconds East 80.20 feet to a point, said point being in the southerly right of way of state highway 183; Thence along the southerly right of way line of state highway 183 the following courses and distances: South 00 degrees 06 minutes 00 seconds West 405.16 feet to a point; North 72 degrees 07 minutes 20 seconds West 78.58 feet to an iron rod; North 71 degrees 57 minutes 57 seconds West 40.67 feet to a 1/2" iron rod; North 38 degrees 20 minutes 57 seconds West 144.33 feet to a 1/2" iron rod; North 68 degrees 09 minutes 33 seconds West 199.18 feet to a 1/z' iron rod also being the beginning of a curve to the left having a radius of 1880.05 feet and a chord bearing and distance of North 81 degrees 46 minutes 59 seconds West 482.02 feet to a 1/2" iron rod; North 89 degrees 46 minutes 24 seconds West 558.90 feet to a 1/2" iron rod also being the beginning of a curve to the left having a radius of 1880.05 feet and a OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX chord bearing and distance of South 52 decrees 5l minutes 07 seconds West 2323.72 feet to a '/z" iron rod: South 00 decrees 31 minutes 24 Seconds West 148.93 feet to a '/z" iron rod: South 53 degrees 51 minutes 38 seconds East 252.05 feet to a point; South 32 decrees 16 minutes 57 seconds West 184.62 feet to a point; South 77 decrees 34 minutes 57 seconds West 175.48 feet to a point; South 31 degrees 07 minutes 57 seconds West 57.25 feet to a point; South 09 degrees l9 minutes 44 seconds West 607.00 feet to a '/z" iron rod also being the beginning of a curve to the left having a radius of 2835.07 feet and a chord bearing and distance of South 06 degrees 01 minutes 00 seconds West 336.87 feet to a '/z" iron rod: Thence South 05 degrees 43 minutes 30 seconds West 131.23 feet to a point in the east right of way line of state highway 360; Thence North 00 degrees l3 minutes 44 seconds West 3248.74 feet along the east right of way line of said state highway 360 to the POINT OF BEGINNING, containing 61.582 acres of land more or less. The bearings recited hereon are oriented to NAD 27 Texas North Central Zone. N ECORDETARYH,TX Exhibit A Cenu-eport Tract 16A Beim 8.501 acres of land more or less located in the A. Barnard Survey, Abstract No. 107, J. W. Thomas Survey, Abstract No. 1522, V. Hutton Survey, Abstract No. 681 and the J.J. Goodman Survey, Abstract No. 583, Tarrant County, Texas. Said 8.501 acres of land being more particularly described as follows: Commencing at a point located in the northeast corner of the V. Hutton Survey, Abstract No. 681: Thence North 61 degrees 56 minutes 37 seconds West 561.25 feet to the POINT OF BEGINNING; Thence South 74 degrees 48 minutes 00 seconds East 539.83 feet to a point; Thence South 89 degrees 54 minutes 00 seconds East 457.21 feet to a point; Thence South 00 degrees 06 minutes 00 seconds West 479.52 feet to a point, said point being in the southerly right of way of state highway 183; Thence along the southerly right of way line of state highway 183 the following courses and distances: North 71 degrees 56 minutes 45 seconds West 71.52 feet to a point; North 72 degrees 03 minutes 19 seconds West 664.42 feet to a point; South 77 degrees 10 minutes 12 seconds West 186.14 feet to a point; North 72 degrees 00 minutes 48 seconds West 22.77 feet to a point; North 72 decrees 07 minutes 20 seconds West 78.58 feet to a point; Thence North 00 decrees 06 minutes 00 seconds East 405.16 feet to the POINT OF BEGINNING, containine 8.501 acres of land more or less. The bearing recited hereon are oriented to NAD 27 Texas North Central Zone. t L RECORDCRETARYRTH, TX FORTWORTH MEMORANDUM TO THE RECORD: TO: CONTRACT FILE NO. 37689 DATE: October 6, 2008 FROM: Marty Hendrix, City Secretary SUBJECT: ORIGINAL OIL & GAS DOES NOT EXIST BACKGROUND The original lease agreement with Chesapeake was never entered into record. Jean Petr is tryin to get a copy of it. This is an amendment that is tied to Contract No. 35324, which is the 5 amendment option to purchase land at Centreport and the City has 50% mineral rights --but not executive authority. This is the reason for no City signature.. AUTHORIZATION FOR CONTRACT NUMBER Per the direction of the City Secretary a contract number was issued and a copy of the department's email is included in the file.. This request has been approved and a contract number issued.