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HomeMy WebLinkAboutContract 41366 i CITY SECRETARY CONTRACT NO. I 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 § 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 45d' IFOAr���t a� °0000°o, ��� ATTEST: Q.,.o 0 x� L—�4&IS,5fY \ -k XVyl *0 �tiy a-0C s Contract Authorization City Secretary � 00 °oOagO°°° �p Ib Date APPROVED AS TO FORM AND LEGALITY: OFFICIAL RECORD CITY SECRETARY By. �O �,�c..r - FT. WORTH, TX Assistant City A-ft6mey /� Date: !fzg J IN 1- - 1 �: 11 IN LESSEE: Quicksilver Resources,Inc. y- Date: t/3fiQ�E 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 day o 2010. [SE ` Notary Public in and for the1 P EVONIA DANIELS State of Texas *c ' MY COMMISSION 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 f5potie, (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. GIVE AND EAL OF OFFICE this day of a a r 20111. IF [SE ublic in and for the to of Texas My Commission Expires: Print Name of Notary Public Here `MY DONNA M G MGf My Commission Expkos March 16, 2011 OFFICIAL RECORD After Recording Please Return To: CITY SECRETARY Quicksilver Resources,Inc- FT. WORTH T Attn.Mr.Kevin Sulley X 801 Cherry Street Suite 3700 Fort Worth,Texas 76102 EXHIBIT A 1.9800 acres of land, more or less, situated in the J. A. Creary Survey, Abstract No. 269, Tarrant County, Texas and being Block 2, Lot 11A, 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 August 21, 1985 by and between the City of Arlington to Frank Vecera, Trustee, as recorded in Volume 8290, Page 1574, of the Tarrant County Clerk's Public Records, Tarrant County, Texas, and being the same land described in that certain Deed, dated August 4, 2010, by and between the State of Texas, County of Tarrant, Tarrant County Water Control and Improvement District No. 1, 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.D210205135, Official Public Records,Tarrant County,Texas. (2900 Quail Road) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTWORTH 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 dediested parlt 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=l 1/17/2009 11/29/2010 M&C Review 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 City Manager's Office by: 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&councildate=11/17/2009 11/29/2010 M&C Review Page I of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo--RTWORT H 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 NO CONSENT HEARING: 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 Off ice-bv: Fernando Costa (6122) Originating Department_Head: Randle Harwood (6101) Additional Information Contact: Jean Petr (8367) http://apps.cfwnet.or,iz/council packet/mc review.aso?ID=14414&ccnincildate=l 1/90010 1 1 OWN)1 n uwe.0 \ va Al wtuw.o Ao V / i coo �•_ ..• ` I r asi l g: CZI4 OUN'O[LL 1 M A rl 0 2084-380 furrunt.apprrttsul Districti.tE G +00 200 goo Fwo wo +.000 Sap 10,201 1�s /