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HomeMy WebLinkAboutContract 37611-A2 CITY SE��� CONTRACT No. NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL of THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SECOND AMENDMENT: EXTENSION. RATIFICATION & REVIVOR OF OIL AND GAS LEASE STATE OF TEXAS } } KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT } WHEREAS, a certain oil and Gas Lease dated the September 15, 2008 was executed by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, as Lessor, and CHESAPEAKE EXPLORATION, LLC, as Lessee; the Oil and Gas Lease and/or Memorandum of Oil and Gas Lease being recorded in Instrument No. D208377273 of the official public records of TARRANT County, Texas, ("the Lease"), covering lands more specifically described therein; and, WHEREAS, Total E&P USA, Inc., ("Total")whose address is 1201 Louisiana Street, Suite 1800, Houston, Texas, 77002, acquired an undivided twenty-five percent (25%) of Chesapeake's working interest in the aforementioned Lease; WHEREAS, a certain Amendment and Extension of Oil, Gas and Mineral Lease recorded in Instrument No. D21 0293094 of the official public records of Tarrant County, Texas, was executed to extend the primary term of the Lease by an additional one(1)year; and WHEREAS, it is the intent of the parties hereto, that any and all lands covered under said lease are subject to the terms of this agreement, whether or not specifically described herein; and NOW,THERFORE, for good and valuable consideration in hand paid to the undersigned by Chesapeake Exploration, LLC (alkla Chesapeake Exploration Limited Partnership) and Total E&P USA., Inc. the receipt and sufficiency of which is hereby acknowledged; the undersigned do hereby amend the Lease to allow and provide for an extension of the Lease for an additional term of one (1) year, being until September 15, 2012 and for as long thereafter as oil or gas, or either of them, is produced from said land or lands pooled therewith and as long thereafter as producing and the undersigned does hereby specifically adopt, ratify, revive, confirm and extend said lease in all of its terms and provisions and do hereby demise, lease and let said premises unto Chesapeake Exploration, LLC (a/k/a Chesapeake Exploration Limited Partnership) and Total E&P USA., Inc. its successors and assigns, subject to and in accordance herewith, and do hereby declare and agree that the said Lease in all of its provisions is binding,and that the same is a valid and subsisting Oil and Gas Lease. FURTHER, the provisions hereof shall be binding upon the parties hereto, their respective heirs, legatees, devisees, personal representatives, successors and assigns. EXECUTED this day of , 2012. • � •�1 i or LESSOR: CITY OF FORT WORTH By: Assistant City Manager �`�' � � 4PF 1FOR r V 0' 000 0000 �f ° 0a ATT ST: � ►� 0 a � � d f 0 Q C Secrets - - �° P� Y rY � �`00000000000 a° �� .<APPROVED AS TO FORM AND LEGALITY. ��,,�,r,;!�. ---La _ By: , Qontract Author i aOttioik Assistant Uity Attorney 9 L4 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 he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 0 day of UC 2012. [S L Ak"'�(A Notary b to Public in and for the o o State of Texas My commission Expires: Print Name of Notary Public Here N+frhy UWAM.MKINGER My COMMISSION EXPIRES �y Z2014 i 2 LESSEE: CHESAPEAKE EXPLORA oN, L.L.C. an Oklahoma limited liab''y company By: Henry J. ood, ce Presiden — Land and Legal G eral Counsel STATE OF OKLAHOMA § COUNTY OF OKLAHOMA § This instrument was acknowledged before me on this day f Q r1tj , 2412, b Henry . Y Y rY Hood, as Senior Vice President-Land and Legal &General Counsel of Chesapeake Exploration, L.L.C. on behalf of said limited liability company. �N%\ W Notary Public • •�Iy O � M Commission Number: • My Commission Expires: Z 1 A 72 94C TOTAL E&P USA, INC., a Delaware corporation O ••... 1G • OKLA1rk�1��� ���tat�fs�I:tt By: rat.%.% Fabien C t Vice President—Busi ess Development and Strategy STATE OF TEXAS § COUNTY OF HARRIS § The foregoing instrument was acknowledged before me this day of NOT' , 2012, g 9 9 by Fabien Colmet Daage, as Vice President—Business Development and Strategy o TOTAL E&P USA, INC., a Delaware corporation, as the act and deed and on behalf of such corporation. kk ki �\XAAID Notary Public in and for th State of Texas �l1.rrrlll.I'•I.rl 1•r.�.11./lrl.�.� M Commission Number: 0 RY►°� Y � o�� ��. REBECCA JONES � * * NOTARY PUBLIC,STATE OF TEXAS MY COMMISSION EXPIRES M Commission Expires: EOF T� JULY 3, 2013 � �.tl 1.ll1.1111.1.1.1./.Il.1ll..Illl./,.� 3 M&C Review Page f of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOUWORT[i ----------- COUNCIL ACTION: Approved on 112412012 DATE: 1/24/2012 REFERENCE NO.: L-15310 LOG NAME: 052050 RODEO PARK CODE: L TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Approve the Second Extension of the Rodeo Park Lease Agreement with Chesapeake Exploration, LLC, for a Twelve Month Period in the Amount of$30,708.00 for Natural Gas Drilling Under 15.354 Acres, More or Less, of Rodeo Park(COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council approve the second extension of the Rodeo Park Lease Agreement with Chesapeake Exploration, LLC, for a twelve month period in the amount of $30,708.00 for natural gas drilling under 15.354 acres, more or less, of Rodeo Park. DISCUSSION: On May 20, 2008, (M&C L-14559) Fort Worth City Council approved the acceptance of a Lease Agreement for a two-year term with Chesapeake Exploration, LLC, for natural gas drilling under 15.354 acres, more or less, of Rodeo Park. The lease was executed and effective September 15, 2008. On October 5, 2010, (M&C L-15079) Council approved the Extension of the Rodeo Park Lease Agreement with Chesapeake Exploration, LLC, for a twelve month period making the term a three- year term. Chesapeake Exploration, LLC, agreed to pay an additional bonus of$30,708.00 based on the rate of$2,000.00 per acre for the additional twelve months. All other terms of the lease remained the same. The lease term for the extension expired on September 15, 2011. Chesapeake Exploration, LLC, has requested to revive and extend the lease for an additional twelve month period for additional bonus of$30,708.00 based on $2,000.00 per acre. All other terms of the lease will remain the same. City Staff has evaluated the offer and recommends acceptance of the revival and extension of the lease based on its inclusion in a unit and the planned drilling schedule. Revenues received from this lease will be deposited according to the current Financial Management Policy Statements (M&C G-17155 approved December 14, 2010)which direct 100 percent of the bonus to the Parks and Community Services Capital Improvements Fund to be used for capital improvements at this park. Since this park received state or federal grant funds, royalties and other fees received from this gas lease will be allocated 50 percent to the Park Gas Lease Project Fund and 50 percent to the Park System Endowment Gas Lease Fund. The property is located in COUNCIL DISTRICT 2, Mapsco 82 F and G. FISCAL INFORMATIONICERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due the City under this Agreement. TO Fund/Account/centers FROM Fund/Account/Centers 0282 448100 801929931900 $30,708.00 http:ll apps.cfwnet.org/council—Packet/mc_review.asp?ID=153 55&councildate=112412012 9/2612012 M&C Review Page 2 of 2 Submitted for City Manager's office b Fernando Costa (6122) Oriainatlna Deyartment Head: Randle Harwood (6101) Additional Information Contact: Jean Petr(8367) ATTACHMENTS IIIC RodeoPark Rev.od http:Happs.cfwnet.orglcouncil—P acket/mc review.asp?ID=16365&councildate=112412012 9/26/2012