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HomeMy WebLinkAboutContract 33003 CITY SECRETARY LEASE AMENDMENT CONTRACT NO. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § WHEREAS,on the 16`h day of February,2005,City of Fort Worth,a home rule municipal corporation of the State of Texas located within Tarrant,Denton and Wise Counties,Texas,as Lessor executed and delivered to Dale Resources,L.L.C., as Lessee, an Oil and Gas Lease, said lease being recorded by Memorandum as Instrument D205068294,of the Official Public Records of Tarrant County,Texas,(said lease being hereinafter referred to as the "Lease"),covering the following described lands in Tarrant County,Texas: Gateway Park,751 Beach Street,being a tract of land out of the A.C.Warren Survey,Abstract No.1686;the J.Blackwell Survey,Abstract No.148;the P.T.Welch Survey,Abstract No.1642;the E.Johnson Survey, Abstract No. 852; the J. Lynch Survey, Abstract No. 942; the J. Cross Survey, Abstract No. 304; the Sycamore Heights Addition,Volume 309,Page 11;and Volume 6866,Pages 256-260,as recorded in the Deed Records of Tarrant County,Texas Quanah Parker Park, 5401 Randol Mill Road, located in a portion of land situated in the J. W. Haynes Survey,Abstract No.764 and in the J.Blackwell Survey,Abstract No. 149,in the City of Fort Worth,as recorded in Volume 12871,Page 510,as recorded in the Deed Records of Tan-ant County,Texas Tandy Hills Park,3325 View Street,located in a portion of land situated in the Enoch S.Johnson Survey, Abstract No.852;Peter T.Welch Survey,Abstract No.1642,as recorded in Volume 3442,Page 582;and the John Lynch Survey,Abstract No.942,as recorded in the Deed Records of Tarrant County,Texas. WHEREAS,it is the desire of Lessor and Lessee to amend the Lease by replacing the"Drilling Commitment and Continuous Drilling of Wells"Provision. NOW,THEREFORE,in consideration of the premises and$10.00 and other valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Lessor and Lessee do hereby amend the Lease by deleting provision"6. Drilling Commitment and Continuous Drilling of Wells"in its entirety and in its place insert the following: 6. CONTINUOUS DRILLING At the expiration of the primary term this Lease shall remain in full force and effect for so long as Lessee is conducting Continuous Drilling Operations(as herein defined). Lessee shall be considered to be engaged in Continuous Drilling Operations at the expiration of the primary term if: (1)Lessee is then engaged in drilling operations on the leased premises or lands pooled therewith or(2)Lessee has completed a well as a producer or as a dry hole within ninety(90)days prior to the expiration of the primary term. Lessee also shall be considered to be engaged in Continuous Drilling Operations for so long thereafter as Lessee conducts drilling operations on the leased premises,or lands pooled therewith,with due diligence and with intervals of no more than ninety(90)days between the date of completion of one well and the date of commencement of drilling operations on an additional well. "Completion"shall be considered to be the date of release of the completion rig for a completed well,but in no event more than ninety days following the release of the drilling rig. In the case of a dry hole,"completion"shall be considered to be the date of release of the drilling rig. "Commencement"shall be the actual spud date of a well. Continuous Drilling Operations shall be deemed to have ceased upon the failure of Lessee to commence drilling operations on an additional well within such 90 day period. When the Continuous Drilling Operations cease,the provisions of Paragraph 7 will be applicable." Furthermore the undersigned do hereby ratify,adopt and confirm said Lease as hereby amended,as a valid and subsisting Lease and the undersigned Lessor does hereby grant,demise,lease and let unto Dale Resources,L.L.C. the present owner of said Lease,the premises described above,subject to and in accordance With ail e aaofthtdtud a��I i�� N.. p provisions of said Lease as hereby amended. v 1 q)q �= JU CIEND This agreement shall be binding upon and inure to the benefit of the parties hereto,their respective heirs,legal representatives,successors and assigns. EXECUTED this 9,1 day of Ajo V • ,2005,but for all purposes effective as of the date of the Lease. LESS I ` OF T ORT By: arc A.Ott,Assist Ci a ATTEST: L!V —M&C REQU[RHD City Secretary APPROVED AS TO FORM AND LEGALITY: ssistant City Att rney LESSEE Dale Re ources,L.L.C. o y: Lawrence B.Dale itle:President ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF TARRANT § Before me,a Notary Public,on this day personally appears Marc A.Ott,Assistant City Manager of the City of Fort Worth,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of the City of Fort Worth,and that he executed the same as its City Manger,for the purposes and consideration expressed in the foregoing instrument. 1/ 9-0�- ` ------ Notary ublic,State of Texas HE 1E LANE I Notary's name(printed): MY coMMISSION EXPIRES 4I + Jury 2s,200 Notary's commission expires: _. f 1 STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me ontYt%day of 2005, by Lawrence B.Dale,as President of Dale Resources,L.L.C.,a Texas limited liability company on behalf of said limited liability company. f .•`�"'.:� ANN F.UANOENBERG Notary Public,State of Texas Notary Poohc.State of Teras Notary's name(printed): - .fa�c y Notary's commission expires: 09101A 101EMXID Urf 0EC-1,�MI:U Y Fye j, 4;11' 11 MK.