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HomeMy WebLinkAboutResolution - 071378E - Oil & Gas Lease And Rental Division Order - John R. Stringer - 07_13_197878-37-220-584 (47) FOS:th RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the MAYOR of the CITY OF LUBBOCK, BE and is hereby authorized and directed to execute for and on behalf of the CITY OF LUBBOCK an oil and gas lease and rental division order on Section 5, Block A, T.T.R.R.CO. Survey, Certificate 396, Abstract no. 87 between the CITY OF LUBBOCK and John R. Stringer, attach'6d herewith which shall be spread upon the Minutes of the COUNCIL and as spread !upon the Minutes of this COUNCIL shall constitute and be a part of this Resolution as if fully copied herein in detail. Passedjby the City Council this 13th day of July 1978. WEST, MAYOR Evelyn Gaffga, City S APPROVED AS TO FORM: 0. Senter, Jr.,City P s !!AODUCERS 88 REV.-TEX. A (6-73) a" r .; Olt, GAS AND MINERAL LEASE y�7�(11(' THIS ACREEMENT made aria entered into this nth day of June �o ►t"" by said hot — CITY OF LUBBOCK, TEXAS heminaftercal]ed'Lessor',wheth&cmeorm.ma¢dJohn R. Stringer, Box 682, Midland, %e as 797702 WITNESSETH: That. for and in consideration of the sum of Ten and No/100 ------------------------ Dolls, 10.00 and ether good and valuable consideration in h�p'ai g3— ovenants a (3 ), mceipt of which is hereby aclunowledged, and of the royalties herein provided and th agreements of Lessee herein contained lessor doe hereby grant, lease and let exclusively unto Lesee its succvai r and ii signs, oil of the land hereinafter described, together with any reversionary rights 'therein to the purpose oU,explorin�g b�i geologic -al, geophysica( and atlt other methods, and of drilling, producing and operating wells or mines for the recovery of oil gas an. other hydrocarhom, ar' i. __ .,_.n. ... .........__ ...y. that may be produced from any well or mine on the leased prerrrism, inc(udiry primary, secondary, tertiary, cycling, pressum maintenane,r aneth ds of recovery, and all other methods, whether now known or unkiiown, with a❑ incidental right thereto, nd to establish and utilize facilities for surface anmd stibsurface, disposal of salt water, and to construct, maintain and remove roadways, tanks, pp pe[in- .1-ft,c power and telephone lines, power stations, machimay and stnictures thereon, to produce. store, transport, treat and remove all substances described abov , am the products therefrom, together with the rig�h,t of ingress d egress to and from said land across any other land now or hereafter owned by Lessor_ The land herehl leased is situated in the County of _ Lubbock , S:.ne of lien-, and is described as follows: Section 5, Block A, T.T.R.R.CO. Survey, Certificate 396, Abstract No. 87 This lease sonata to of the lead described above. inrhudiig my interesh therein Clint any signatory hereto has the right or powee to aue'+eye. The bonus money paid Zrthis tease is is grass, trod not by the acre, md�sj�.a,(1 kx sifective to cover all sutl land frreopective of the camber of acres con- tained therein, but the land included within this lease is estimated to compri•° 04'U acres. whether actually more or lees. and each hand is hereinafter referred to -the 'leased premises' . TO HAVE AND TO HOLD -the leased_ premises for a tax- o2 5 years from the date hereof, hereinafter called "primary, term". and ae long thereafter as oil, gas or other hydrecazboas, ` or either of any of them, sue produced1�from the leased premises or from lands with which the leased premises sm pooled or unitized. 1i1 paying quantities In consideration of the ymmisce, it is; hereby agreed as foUaws: P Y g q - 1. Royalty On Oil. Lessee shell deliver to Lessor, at the well or to the credit of Lessor in the pipeline to which the well may be connected 1fath of ell oil and other liquid hydrocarbons produced and saved from the leased premises, or Lessee, at its option, tray buy or sell such I!&h royalty and pa Le; or the market price for oil or liquid bydrocadwris of like grade and gravity prevailing in the field o¢ the da such oil is aim into pipelines or into storage tank. g,... ... -eeydty 2. Royalty On Gas. ]Lessee &half pay to Lessor as royalty m gas, including casinghead gas or other gaseous substances produced from said land and sold on or off misee the pre, ona-eighth of the net proceeds at the well revered from the sale thereof,_provided that on gas used off the premises or by Ie4ee in the manufacture of gasoline or other products therefrom, the myaIty shall be the market value at the well of ons-eighth of the gm so used; - toall gas sold by lessee under a writ. ten contract, the price received by Lessee for succ6h gas shall be conclusively presumed to be the net proceeds at the well or the market value at the well for the gas se sold. & Royalty On Other Substances. Lessee sholl pay to Lessor, as royalty on any substmces covered by this lease other than oil and gas and the products tr thereof which Lessee ay elect to produce, save artmarket tram the leased ppremises, 1f8th of the proceeds received by Lessee from the sale thereof after deducting the p�ocessmg mate, except that the royalty on sulphur shall be One Dollar (51�00) per long toe marketed. L. Shut - fin Oas Royalty. It at &try time, or from time to time, either before or after the expiration of the primary term of this lease, there is any gas well on the leased premises or on lands cattle which the leased Dir�xa am pooled or unitized and which is capable of producing In paying quantities, but which is shut in before or after production therefrom, such wall shall lea mosfdered under all Pmvivons of this lease ys a well producing gas in paying quantitim and this lease shell remain in ;oroa in like manner as though gas therefrom - actually being sold or used. In such evj�}tt�. Lessee -variants and agrees bo pay I es&or, as royalty. ! _ the nim of Si X Hundred Fo rtv_�Q�100-----------Dollars ($ M .00 )par .name far the period mmmenc- )ng on the date such well Is actually abut In, unless, this lease is being maintained m force and effect by some other provision hereof, to which event, each period shall commence on the date this lease ceases to be maintained in full force and effect by tome other provision hereof. Payment or tender Stull be made to Lessor or deposited !a the credit of L.esvur in the depository bank named in this lease. The first payment shall be due and payable on or before nimty, (90) days after the bate ach well is shut in, or ninety (90) days from the date this lease ceases to be meiatairxd in force by some other provision hereof. Unless gas from such well is pro- duced and said or used prior thereto, except temporary eaten, or use for Iease operations, subsequent payments &hall be due annually thereaf4r on the m¢ivereary date of the period for which such prior payment was made. No additional payments shall be required if them is mom than one shut-in gas well oo the leased p— er on leads with which the leased promises are pooled or unitized. The team "gas well" shall include welly capable of, p_rodticing a�ntoir ggs condensate, or my gaseous substance.aa¢d wells classified as gas wells b anv yovemmeafal mthority having iurisdiction,� l�l pGl..vl � U:a 4iT." 0 6. Delay Rental. opere¢om%r�� g or mmmg on ie a premises, or an withw ch a laaP' are pooled or rm�re , are tot com- minced on or before one (1) year from the data of this lease, as set fo above thin lease shall terminate - to both P ea tmless m a before one (1) Year from the date of this ease, Lessee shell pay or tender to the Lessor •rental o���iundred Forty ig No 00----^----^^---- Milen (9— 640.00 ), which shall cover the privilege of deferring comineacemmt of each drilling or mining operation for a period of twelve (121 months from the expiration of said me (1) year period. in like manner and upon like payments or tenders annually, the commencement of such operations rosy be deferred for successive periods of the same number of months, during the primary term. Payments or tenders may be made to the Lessor or to the Lessor a credit in the Bank t thereof shall contuse to be the agent for the Lessor and the Lessor's successons and assigns. If such bank or my successor thereof shell f al, liquidate, of be siicmedr ad by another bank, or for any reason fail or refuse to accept rental, the rental paying date for my year shall be extended until the expirstim of thirty (30) days after Lessor shall have delivered to Lessee a recordable instrument making prov)s)— for aaot^,er method of payment or tender and my depository charge shalt be the lia- bility of the Lessor. The payment or. tender of rental may be made by check or draft of Lessee, mailed or delivered to said beak or Lessor, or to my Lesion, if mom than owe, m or before the rental paying date. Mailing of rental on or before the rental paying date shall be deemed a timely t L,,thq$pj_$q gll e termination of this lease. -tl l Yd.y 111 — 1 6. Drilling Operations. If I.essea should use. tool n either - e dry hole n well r the leased premises, he l after the discovery of oo��.' gas the production thereof should cease from my cause, cod, in either event there are no other producing wells on the leased premises or on lands with which tiity are pooled or unitized, or drilling or reworking opetatiom am not being cos ucted themon, tt:is lease shall not terminate if Irseee con meaom reworking or additional drilling operations on the leased premises within sixty (60) days thereafter or, f it be within the primary term, Lessee commences or reshmes the payment or tender of rentals or commences operations for drilling or reworkia on or before the metal paying date next ensuing after the expiration of ninety (90) dayysn from the date o! such abandonment or Cessation of Droduetioa. If each abandonment or cessation of prod—tfoo occurs at any time during the last iiltem (16) mmtrn o� the primary term, ao rental payment or drilling operations era .,, nee... ,tee i...�. ,., t...... a.,.,..,..i...e..,.:...e....e si.e ...:... s... ,e.... _ _....,.... .._ .. , - ..-....a.-, term, oil, gas, or other minerals are net being prude then engaged in operations for drilling or rework rigg� reworking operations on any well or additional drillu more than sixty (60) consecrative days, and if my ar 7. Pooling. Lessee is hereby granted the right, oil, gsa or condensate, or my or either of them, w with any other lease covering the above described lane said lease or my mineral or royalty interest therein. i (10%) thereof for oil, and units not exceeding six has goverrunental authority having jurisdiction prescribe be created or enlarged 'to -nform in Was to the driW maximum allowable production it me well. Lose or gas in any one or mom zones, and units so fat other nine, and oil units need not -nform as to arse coundes, in which the premises am located, identifyie purled and the development and operation on such tar strut -in gas well, shall be considered and construed ar existence of ■shut-in gas well on the leased premises sate shall be allocated b the leased premix v in the p the myelty provided for hernia shell lea calculated on other royalty that would accrue b Iensor from the y la g- myeellty with inspect b trait Shubiri g- wail unit wet shall fait b produce col, gas or condensate by flier for record. iri tM county. or counties whew 8. Remoi on the leas 10. Au4 trod b the shall opera ed, shall b ether actor or ed o erectrect by e[ault in r Ja whole 11. Fare partial new of Lee. and orders of any D the leased premusea or Mm lands v Il, this lease shall remain in force s ins am conducted on the leased prer ions result in production then as loi ne, and from time to time, whether and covered hereby, or any was or , adjacent, contiguous, adjoining, or ng shall be into a unit or units not r (640) acres each plus — acreage b the emotion of any drilling, spacing tiny [nits so prescribed or peanut xiol the acreage or interests above not conform in size or area with th units. Such pooling %hall be effecter -ribing the pooled unit. The producti rig the commencement. drilling, comi e the same effect, except for the p: a of the location of the well on the fiat the acmage of the leased premiss m of the production w allocated. TI of oil gas or-ndmsate from my , paya�le in accordance with the pre quantities, or in the even[ the prod a situated, s written dechra lion o[ a Water For Oppeeratior. Lessee ahau have me free use r ntiom hamunrlar, and the myelty on oil and g- shall lea col Lessee shell have the right, et my time during or ate saes, fncludiri4 the riglit to mfhdrew and remove all casinH. r O) Ownerohtp. The rights of either party hereunder adminiatratom, sua.�vsora, and a4sign.+ but no cbmHe or din ibtg for or diminish the right& of Lasses. e e climes ws di wee for any purpose and shall not impair the effectiveness of mtitu , e thereof) until sixty (60) day.to,er each person ace �atitutiag his chain it ball as the onginel lessor. In the rah pp yable h shall no r shall as apportioned r between the ee one Text ee shall not oftheths rights of other le Behold owner the extent of each eselgnmmf. relieve and. discharge Iensee e bfajeure. Lessee Shan not no uame 1pr any acuirs performance thereof, due to force iaa=. Th. term it including but tot limited to acts of God and actions of of federal, state or municipal governments. or officers or roduct, labor. service or material. If Lessee In required to ce time se such force majoure is terminated and for a pe terminate shall be suspended and this tense shall -at primary tit ram, the time thereof shall be added to such wench the leased premises are pooled or umboic bog reworking re - such drilling or reworng operations a es, or an lands pooled or unitized therewith, with thereafter as such production continues 'om or after production, to pool this tease for the Portion tremor, or as to my mmerm ar myslty tatenst therein, in the immediate vicinity thereof. or - to any mac or portion of exceeding forty (40) acres plus on acreage tolerance of tan percent leranoa of ten percent (10%) thereof fore��a±± provided that, should or proration units larger than those eiienued� above, such units may or to the proration units - may be authorized for obtaining the described, or any portion thereof. as above provided, - to oil, e unit or wits into which the lease is pooled, or combined as to any by the filing by Lessee of a written designation, in the county, or m of oil, gas or condensate [tom my tape or pornoo of the land so lotion and operation of a well thereon or the existence thereon of a gent of royalty, asm production, devefolxnt and operation, or the t, production from any unit well producing oil, g- or conden- % included within the unite bears to the total acmage in the unit, and e royalty an payable on allocated production shall be in lieu of my ,ne or portion of the leased premises included within the emit'Shut- nsiom and in the amount act forth in this lease. In the 4vmt my ictim from any such well shall cesse, Lessee may terminate the unit ch teranation. and water from the leased premises, wept water from Lassoes fur deducting the amount so used. piretion of this lease, to remove sit property, and fixtures placed be assigned in whole or in part and the provisions hereof shall js_ m ownershiprentals., of the land, tals or myaltiee, however crompliished, i in the awmnhipp of the land, rentals or mwever yalti-, hoacmmphsh- payment themtotore, made by I— (irrespective of whether Issue has g any interest b- furnished Lessee will, t'r. instrument or instrr:meats. t o[ m-aidnment of this lea as to s .1-rated portion of L­ I. A leasehold owners, ratably, according to Jh surface area of each, and a .under who make due pa of rentals. A. aasigme—t of this leass. , bligatio be rider. Sl2 T.ut�re -venan or ooa aim ream&r' --p_ orimplied. or for total or sin, shall mean any circumstance or any canditica beyond the control or idelays f this llrce e, of anapen ._:_ -: . -. a .r.---•a^.a...�w W —µ,. �-.�...,s:=-+,r - :2 Y+- '�auue.-i„ro... �,a � ?.ru..i+•e..s.;,,�ea � - � �a�T _.. F _ z - 3t � Notwithstanding any other provisions in this lease to the contrary or apparently to the contrary, the following special provisions shall prevail in case of a conflict, to -wit: 17. Notwithstanding any references -to the contrary, it is the intention of the part. that this lease shall be limited solely to oil, gas, and associated hydrocarbons, and aca ingly all other minerals are expressly excluded. 18. No well shall be drilled, nor any tank battery, loading site or pipeline situate nearer than six hundred (600) feet from any residence, barn, irrigation well or other pe manent improvement. Lessee agrees to use no more of the leased surface than is reasonabl necessary for the purposes for which this lease is given, and shall exercise all of its rights with due regard for the rights of the occupant of said surface. 19. If oil or gas are discovered on these premises, Lessee further covenants and agree to further develop said lands as a reasonably prudent operator would under the same or similar circumstances. Following a well completion, Lessee agrees to clean and complete the site as quickly as possible, minimizing the usage of surface acres. No operational refuse shall be permanently deposited on the premises, nor shall salt water be disposed . of on or beneath the leased premises. Lessee will take all necessary action to protect all fresh water bearing zones, and upon abandonment of any well, Lessee shall plug the same to a depth of 200 feet. All saltwater, radioactive or poisonous wastes or muds or other deleterious substances shall be stored or placed in portable containers constructed and sealed in a water tight manner so that such substances cannot escape through or over such containers, and under no circumstances are earthen or surface pits to be used for disposal of such substance. Lessee further covenants and agrees that the site of each producing well shall be landscaped and maintained in a reasonable manner to provide an aesthetic shield of such site from the public, as agreed upon by and between Lessor and Lessee. 20. All roads established or used by Lessee shall be located as nearly as practical as agreed upon by and between Lessor and Lessee; such roads, with cattleguards installed by Lessee at existing fences, shall be maintained by Lessee.in passable and functional condition, and shall, within ninety (90) days of abandonment of the well site for which same was used, be broken, leveled and restored as near as reasonably possible to the state as existed when Lessee first entered. All utility and pipe lines shall be buried below deep plow depth, property back filled and packed, and shall be so situated so as not to unreasonably interfere with Lessors' surface use, as shall above ground lines be so constructed and placed. I 21. Within ninety (90) days of abandonment.of a drill site location, tank battery location or pipeline right of way, Lessee shall remove all of its property from such location or way and shall restore the surface of the land as nearly as reasonably possib to the state as existed at the time of Lessee's first entry onto said premises, and restore the fences. 22. During term hereof, Lessee agrees to maintain all drillsites, production areas, pipeline right of ways and other land used or occupied by Lessee reasonably clear.of weep and other noxious vegetation, trash and refuse; all slush -pits, tank batteries and Lessee's other equipment shall be adequately fenced -off from livestock, 23. Lessee (and its assigns), shall be entitled to use fresh water drawn from water wells drilled by Lessee on the leased premises for drilling operations on the land leased hereunder only, but water shall not be used for secondary recovery operations. Lessee shall not contaminate the surface of the premises and agrees to operate the leased pre- mises so not to pollute any fresh water acquifers or sources, or permit oil to escape onto the surface of the land. 24. Lessee agrees to cement and properly plug all core holes and seismographic exploration holes drilled on the lands within ninety (90) days following abandonment of said hole. 25. lessee agrees to hold Lessor harmless from its operations hereunder and to pay Lessor, and Lessors' tenants if any, as their interest may appear, the market value for any damages occasioned by Lessee's operations, unless damages have been repaired as provided in paragraph 21 above. 26. At the expiration of five (5) years from the expiration of the primary term or from the date that a gas well is shut-in, as hereinabove defined in paragraph 4, which- ever date is later, this lease shall terminate and all rights hereunder shall revert to and vest in Lessor, its successors and assigns, as to all acerage in the tract upon which there is a shut-in gas well, unless the lease is otherwise perpetuated under the terms hereof. 27. This lease may be executed in any number counterparts with the same force and effect as if all parties had signed the same document, and when so executed shall be binding upon the undersigned, his, her or its heirs, assigns, executors, and successors in interest. j� 28. Notwithstanding anything to the contrary herein contained, when production o and/or gas is secured, Lessee agrees to pay or deliver to Lessor during the term her, (a) as a royalty on oil, which is defined as including all hydrocarbons produced liquid form at the mouth of the well and all condensate, distillate, and other liquid carbons recovered from oil or gas by separator as required below, an equal 3/16th pax that produced and saved, the same to be delivered at the well or to the credit of Les into the pipe line to which the wells may be connected. Lessee may from time to time purchase any royalty oil in its possession paying therefor the highest posted price, 1 premium, if any, offered or paid for oil, condensate, distillate or other liquid hydre carbons, respectively, of a like type and gravity for the field where produced and whe run.. (b) As a royalty on any gas, which is defined as all hydrocarbons and gaseous substa not defined as oil in subparagraph (a) above, produced from said land and sold or used the premises or in the manufacture of gasoline or other product therefrom, the market v at the well of an equal 3/16th part of the gas so sold or used, Lessee agrees that befor any gas produced is sold or used off said land, it will be run, free of cost to Lessor, through an adequate oll and gas separator of conventional type or other equipment at lei as efficient to the end that all liquid hydrocarbons recoverable from the gas by such means will be.recovered, CO Lessee agrees that all royalties accruing under the lease shall be without deduc- tion for the cost of producing, gathering, storing, separating, treating, dehydrating, compressing, processing, transporting, and otherwise making the oil, gas and other produ produced hereunder ready for sale or use, 29, Notwithstanding Anything to the contrary herein contained, drilling operations or or production from an Allowable or unitized unit or units established hereunder embracir a part but less than all of the land covered hereby and other land shall maintain this lease in force beyond the primary term for a period of one (1) year and at the expiratic of such. one (1) year period this. lease will remain in force,oxily as to the land surface and subsurface included in $uch..unit or units. 30, In the event a well or wells producing oil or gas in paying quantities should be brought in or on'adjacent land and withln 660 feet or draining the leased premises, Less, agrees to drill such offset wells as a reasonably prudent operator would drill under the same or similar circumstances, The breach by Lessee of any obligation, covenant or condition arising hereunder shall not *,cork a forfeiture or termination of this lease or cause a termination or reversion of the estate hereby created, nor be grounds for cancellation hereof in whole or in part save as herein expressly provided. In the event that Lessor considers that operations are not at any time being conducted in compliance with this lease, Lessor shall notify Lessee in writing of the fact relied upon as constituting a breach hereof, and Lessee, if in default, shall have sixty (60) days after receipt of such notice in which to com- mence the compliance with the obligations imposed by virtue of this instrument. Neither notice nor attempted compliance shall be evidence that a breach has occurred. The service of said notice shall be precedent to the bringing of any action by Lessor on this lease for any cause, and no such action shall be brought until the lapse of sixty (60) days after service of such notice on Lessee. In case of cancellation or termination of this lease for any cause, Lessee shall have the right to retain under the terms hereof around each oil or gas well producing, being worked on or drilling hereunder the maximum acreage allocable to each such well as fixed by the rules of the appropriate governmental regula- tory body applicable to such well or wells, but in no event less than twenty (20) acres. Notwithstanding any partial cancellation or release of acreage covered hereby, Lessee may retain such existingroadways, pipelines and other easements upon such cancelled or released lands as are necessary_ or convenient for Lessee's operations on lands retained 5 hereunder or on landspooled with such land, or any part thereof. The right to waive any breach.of the conditions or covenants herein contained is re- tained by Lessor, but any such waiver shall extend only, to the particular breach so waived and shall not limit the rights of Lessor with respect to any future breach; nor shall such waiver constitute an estoppal of Lessor, its agents or assigns from taking any and all necessary actions to secure. compliance with any condition or covenant thereafter breached and occuri-Ing at another time. IN WITNESS WHEREOF, this instrument is executed the day and year first above written. LESSOR: THE CITY OF LUBBOCK S_=_r BY: DIRK WEST, MAYOR ATTEST: City Secretary -Treasurer LESSEE: APPROVED AS TO FORM: City Attorney JOHN STRINGER THE STATE OF TEXAS § COUNTY OF LUBBOCK § BEFORE ME, the undersigned authority, on this day personally appeared DIRK WEST, as Mayor of the City of Lubbock, Texas, a Corporation, known to me to be the identical person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this the day of 1978. Notary Public, Lubbock County, Texas THE STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared JOHN STRINGER, known to me to be the identical person whose name is subscribed to the foregoing instru- ment, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of 1978, Notary Public, County, Texas No Text ttev. I-74 RENTAL DIVISION ORDER and/or THE UNDERSIGNED certify that we are the legal owners of the OilAas ssl:s3tin in and under the following de- scribed land situated in the County of Lubbock _ State of Texas to wit: - Section 5., Block A, T.T.R.R.CO. Survey, Certificate 396, Abstract no. 8? all of our and all of each of our interest in said oil, gas and other minerals being subject to and covered by that certain Oil,/Gas IDa3_-1diaezai Lease dated June 12, 1978 _, by and between— CitV of Lubbock, Texas Lessor,, a.,I, John R. Stringer _ Lessee, recorded in Vol. , Page — I I, of the records of said County, which lease, insofar as it covers the above described land is owned by John R. Stringer, Midland, Texas We hereby authorize Lessee, his heirs, successors and assigns to pay any rentals which he may elect to pay under said lease in the sums set out below, and such payments will fully comply with the terms and provisions of said lease as to all our rights, titles and interests in and to the oil, gas and other minerals in and under said land. Each of the undersigned certifies that he owns exactly that interest set opposite his name, but this certification in no way limits the rights, titles and interests covered by said lease: OWNER FRACTIONAL l INTEREST AMOUNT OF RENTAL DEPOSITORY City of Lubbock, Texas 112 $320.00 1 The undersigned further authorizes lessee, his heirs, successors and assigns, to pay or tender in the manner provided in said lease any amounts which lessee may elect to pay or tender under the terms and provisions of said lease to the credit of any party named above, his heirs and assigns or to the respective depository, or its successors set out opposite such party's name- Payments or tenders so made will fully comply with all requirements and provisions of said lease as to the interests of the undersigned. The above division covers only the payment of delay rentals and does not purport to cover royalties. All of the above represen- tations of ownership are made solely for the benefit of Lessee, his heirs, successors and assigns, in computation and payment of delay rentals under the above -described lease as herein amended. The rights granted by this instrument are cumulative to those granted by the Oil, Gas and Mineral Lease above referred to, and the undersigned do hereby grant, demise, lease and let unto John R. Stringer the land described in said lease, on the terms and provisions therein included as herein amended, and said lease, as so amended, is hereby ratified, adopted and confirmed. It is understood that all of our and all of each of our interests in said land, even if in excess of the fractional interests above indicated, are covered by said lease as herein amended. This instrument is, and shall be binding upon each of the undersigned, and the heirs, executors, administrators and assigns of each of the undersigned, regardless of whether executed by all persons named in the body hereof. EXECUTED this the day of June A. D., 1978 ATTEST t City Secretary -Treasurer A?PROVED AS TO FORM: City Attorney CIT F LUBBOCK BY: DFR;eWEST, MAYOR Or I -THE STATE OF TEXAS Counlg of Before me, the undersigned authority, on this day personally appeared knows to me to be the identical person_ whose name—are/is subscribed to the foregoing instrument, and acknowledged that he executed the same for the purposes and consideration therein expressed Giv" under my hand and seal of office this the— day of _ A. D. 19_ Notary Public in and for THE STATE OF TEXAS County of Before me, the undersigned authority, on this day personally appeared County. known to me to be the identical person_ whose name--are/is subscribed to the foregoing instrument, and acknowledged to that he_ executed the same for the purposes and consideration therein expressed Given under my hand and seal of office this the— day of _ A. D. 19— Notary Public in and for THE STATE OF TEXAS County of _. Before me, the undersigned authority, on this day personally appeared County, Ta known to me to be the identical person_ whose name—are/is subscribed to the• foregoing instrument, and acknowledged to i that he_ executed the same for the purposes and consideration therein expressedL Given under my hand and seal of office this the ---_—day of _ A. D. 19_ Notary Public in and for THE STATE OF TEXAS County of Before me, the undersigned authority, on this day personally appeared County, Tei known to me to be the identical person__ whose name--are/is subscribed to the foregoing instrument, and acknowledged to i that he_ executed the same for the purposes and consideration therein expressed Given under my hand and seal of office this the— day of A. D. 19_ Notary Public in and for CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS = COUNTY OF LUBBOCK County, Tei BEFORE ME, the undersigned authority, on this day personally appeared DIRK WEST known to me to be the person whose name is subscribed to the foregoing instrument, as mayor City Of Lubbock a corporation, and acknowledged to me that he executed the same the purposes and consideration therein expressed, in the capacity stated, and as the act and deed of -said corporation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the "day of June A. D. 19-7-8 Notary Public is and for Lubbock County, Texas.