HomeMy WebLinkAboutContract 41364 (4) CITY SECRETARY
CONTRACT NO. 4136-4,
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
MEMORANDUM OF OIL AND GAS LEASE
STATE OF TEXAS §
COUNTY OF TARRANT §
C)V
THIS MEMORANDUM, made this day of ' 2010, by and between The City of Fort Worth,
1000 Throckmorton Street,Ft. Worth, Texas 76102
hereinafter called "Lessor", and QUICKSILVER RESOURCES, INC., 801 Cherry Street, Suite 3700, Ft.
Worth, Texas 76102 hereinafter called"Lessee."
WITNESSETH: That Lessor, for a valuable consideration and in consideration of the covenants of the Lessee
set forth in that certain Oil, Gas and Mineral Lease made and entered into this day by and between the parties
hereto covering the land hereinafter described, does hereby lease unto Lessee for the sole and only purpose of
exploring for and producing and marketing oil and gas, including casinghead gas and other gaseous substances
from, all that certain land situated in the County of Tarrant, State of Texas, and more particularly described on
Exhibit A.
The term of said Oil, Gas and Mineral Lease is for two (2) years from the date thereof and so long thereafter as
oil or gas is being produced in paying quantities from the lease premises, or land pooled therewith, or so long
thereafter as drilling, deepening or reworking operations for the production of oil and gas are being conducted
thereon, as therein provided.
Reference is hereby made to executed copies of said Oil, Gas and Mineral Lease in possession of Lessor and
Lessee respectively, for all of the provisions thereof, and by this reference same are incorporated herein and
made a part hereof in all respects as though fully set forth herein.
IN WITNESS WHEREOF, the parties hereto have caused the Memorandum of Oil and Gas Lease to be
executed effective as of the day and year first herein written.
LESSOR:
CITY OF FORT WORTH
By:
Assistant City Manager
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OFFICIAL RECORD
CITY SECRETARY
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LESSEE: Quicksilver Resources,Inc.
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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(s)he has executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this lit day ofLiw�o10.
[SEAL]
otary Public in and for '' _ EVONIA DArNFLS
State of Texas *` OMISSION EXPIRES
July 10,2013
My Commission Expires:
Print Name of Notary Public Here
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
kdLlttn, 4•i500eG ,„-r,0-in-Fa'-t (title), known to me to be the person whose name is subscribed to
the foregoing instrument and,that(s)he has executed the same for the purposes and consideration therein expressed.
G N AND SEAL OF OFFICE this day of a tip`1/ .201q.
Public in and for the
State of Texas
My Commission Expires:
Print Name of Notary Public Here
tM�
0ON14A M O l"S
My Commission ExpWos
March 16, 2011
or
OFFICIAL RECORD
After Recording Please Return To: CITY SECRETARY
Quicksilver Resources,Inc. FT.WORTH,TX
Attn.Mr.Kevin Sulley
801 Cherry Street
Suite 3700
Fort Wore Tem 76102
EXHIBIT A
3.1400 acres of land, more or less, situated in the J. A. Creary Survey,Abstract No. 269, Tarrant County, Texas and being a
portion of Block 2, Lot 11, of the HANDLEY HEIGHTS SOUTH ADDITION, an Addition to the City of Fort Worth,
Tarrant County, Texas, according to Plat recorded in Vol. 388-D,Page 199,Deed Records,Tarrant County,Texas,and being
more particularly described in that certain Warranty Deed, dated March 3, 1980 by and between Joe Robins to American
Legion Post 389, as recorded in Volume 6897, Page 1580, of the Tarrant County Clerk's Public Records, Tarrant County,
Texas, and being the same land described in that certain Deed, dated August 9, 2010, by and between the State of Texas,
County of Tarrant, Tarrant County Hospital District,Tarrant County Junior College, Fort Worth Independent School District
and Tarrant County Education District as "Grantor" and the City of Fort Worth as "Grantee" recorded in Instrument No.
D210205134,Official Public Records,Tarrant County,Texas.
(2700 Quail Road)
OFFICIAL RECORD
CITY SECRETARY
FT !NORTH, TX
M&C Review Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORT WORTH
�W
COUNCIL ACTION: Approved As Amended on 11/17/2009 -Amendment is Highlighted in Yellow
DATE: 11/17/2009 REFERENCE NO.: L-14889 LOG NAME: 06ADMIN
LEASES
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
dedieeted-perk properties under five acres if opposition to conversion is expressed by citizens in the
affected neighborhood or a Council Member requests such consideration.
FISCAL INFORMATION/CERTIFICATION:
http://apps.cfwnet.org/council_packet/mc review.asp?ID=12668&councildate=11/17/2009 11/29/2010
ivi&u xeview Page 2 of 2
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 Citv Mana e� is Office: Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Jean Petr (8367)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=12668&counciIdate=11/17/2009 11/29/2010
M&C Review Pagel of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA Fo 411—
COUNCIL ACTION: Approved on 11/9/2010
DATE: 11/9/2010 REFERENCE NO.: L-15093 LOG NAME: 062050 10 PERCENT
LEASES
CODE: L TYPE: NOW PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize the City Manager to Execute Leases and Lease Amendments for Previously
Approved or Executed Leases for Natural Gas Drilling Under City-Owned Properties to Add
Adjoining Acreage Up to Five Acres or Ten Percent More, Whichever is Greater
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute leases and lease
amendments for previously approved Mayor and Council Communications or administratively
executed Leases found to have additional contiguous land area of five acres or 10 percent more,
whichever is greater.
DISCUSSION:
From time to time after mineral leases are approved by City Council or administratively executed by
the City Manager as permitted by Mayor and Council Communication L-14889, additional City-owned
mineral interests contiguous to the approved mineral lease are discovered during the final mineral
title review process completed by the gas company.
The City standard oil and gas lease language contains a "more or less" clause to accommodate
acreage variances that may be found during the final mineral title research process. It is an
acceptable practice in the industry to add additional acreage to the center of a street that abuts the
lease property through "strips and gores" or to add small adjoining tracts to the mineral lease. The
City requires that the bonus and royalty for this additional property to be paid at the same rate as the
original lease.
Staff is recommending that the City Council give the City Manager the authority to execute mineral
leases or lease amendments for previously approved Mayor and Council Communications or
administratively executed leases in order to add adjoining acreage up to five acres or 10 percent
more, whichever is greater.
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 (6122)
Originating Department H_ead__: Randle Harwood (6101)
Additional Information Contact: Jean Petr (8367)
http://apps.cfwnet.org/council packet/mc review.asp?ID=14414&councildate=11/9/2010 11/29/2010
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