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Home My WebLink AboutResolution - 2012-R0458 - No Surface Access Geophysical Permit - Santo Petroleum LLC - Seismic Testing - 11_29_2012solution No. 2012-RO458 Jember 29, 2012 pm No. 5.11 RESOLUTION IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a No Surface Access Geophysical Permit for seismic testing, by and between the City of Lubbock and Santo Petroleum, LLC of Artesia, New Mexico, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on November 29, 2012 GL C. �ROV5BfRTSON, MAYOR ATTEST:. Reber a Garza, City Secretary APPROVED AS TO CONTENT: M/I.,11 k- /�nZ J- Marsha'-R7eed—, P.E., Chief Operating Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney vw:ccdocs/RES.Agrmt-Santo Petroleum LLC November 13, 2012 Resolution NO. 2012—R0458 NO SURFACE ACCESS GEOPHYSICAL PERMIT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF LUBBOCK THIS GEOPHYSICAL PERMIT (the "Agreement") is made and entered into as of this I't day of November, 2012, by and between The City Of Lubbock, Texas with offices at 1625 13a' Street, Lubbock, Texas 79401 (herein "Grantor") and Santo Petroleum LLC, (hereinafter "Grantee"), whose mailing address is P.O. Box 1020, Artesia, New Mexico 89211-1020_ WITNE,SSETH: Grantor is the owner of certain mineral rights in and to that certain property described in Exhibit "A" attached hereto (the "Land"). For and in consideration of the sum of Ten and No/100 Dollars and Other Valuable Consideration (S10.00 & OVC) cash in hand paid by Grantee to Grantor, the receipt and sufficiency of which are hereby acknowledged and confessed, and in consideration of the agreements herein contained, but subject to the terms and conditions hereinafter set forth, Grantor has granted and conveyed, and does hereby grant and convey, unto Grantee a geophysical permit on Grantor's interest in and under the herein described Land, subject to the following terms and conditions. 1. Term: This Agreement shall remain in full force and effect for a period of six (6) months from the date hereof ("Permit Period"). 2. Geophysical Operations: During the Permit Period, Grantee or its designated agent shall have the right to gather, process and interpret information and data obtained from beneath the herein described Land as a result of Grantee conducting geological, geophysical, torsion balance, seismic or magnetometer or electrical surveys, or other examinations upon neighboring properties. It is understood and agreed between the parties hereto that Grantee shall have no right, hereunder, to enter upon or use any part or portion of the surface of the Lands for its operations. 3. Ownership of Geophysical_ Data: Grantor agrees and acknowledges that any information and data gathered, processed or interpreted by Grantee through its geological, geophysical, torsion balance, seismic or magnetometer or electrical surveys, or other examinations are solely Grantee's property to be used and disseminated as Grantee deems appropriate. 4. Notice: Any notice or tender required to be given under the terms of this Agreement, may be given in person or by mail. If delivered by mail, such notice shall be considered as delivered on the day of deposit of same with the United States Postal Service, Registered or Certified Mail, return receipt requested, addressed to Grantor or Grantee as follows: If to Grantor: The City of Lubbock, Texas Marsha Reed, COO 1625 13`b Street Lubbock, Texas 79401 Tel: (806) 775-2335 Fax: (806) 775-3074 Santo Petroleum I TX Geophysical Permit Standard Form Revision: 2011 B I DocID 177320 v.2 Parcel iD(s): �R102097 Doc D 245540 0 With copy to: ZS Brady & Co. Zach Brady, Attorney for City 1602 13`" Street Lubbock, Texas 79401 If to Grantee: Santo Petroleum LLC Hanson Yates, Vice President 1200 Smith Street, Suite 690 Houston, TX 77002 Tel: (713) 652-0088 5. Termination: Except to the extent that Grantee may have exercised its rights hereunder, the rights granted herein to Grantee shall terminate at the end of the Permit Period, without notice. 6. Ancillary Documents: Grantor covenants to and with Grantee that Grantor will execute any and all reasonable amendments to this Agreement which are necessary to ensure that (a) the Land covered are properly and sufficiently described or (b) Grantor has executed in all capacities necessary to grant to Grantee all of the rights owned or controlled by Grantor. 7. Parties Bound and Applicable Law: This Agreement, and all of the terms and provisions and conditions hereof, shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. If a court of competent jurisdiction determines that any clause or provision of this Agreement is void, illegal or unenforceable, the other clauses and provisions of the Agreement shall remain in full force and effect and the clauses and provisions that are determined to be void, illegal or unenforceable shall be limited so that they shall remain in effect to the extent permissible by law. 8. Rieht to View Subject Data: In consideration for entering this Agreement, no earlier than ninety (90) days after Grantee's receipt of the final processed seismic data relating to this Agreement, Grantor and its employees, contractors or consultants, as designated by Grantor and agreed to by Grantee, shall have the right to view all processed seismic data obtained by Grantee only insofar as said data pertains to the Land plus an area extending one half (1/2) mile in all directions outside the boundaries of the Land (herein the "Subject Data"). Grantor's right to view the Subject Data shall be limited to two (2) separate eight -hour days during regular working hours on a seismic work station located at one of Grantee's offices as mutually agreed to by Grantee and Grantor, and Grantor agrees it shall only view the data and shall not have any right to print, photograph, image or otherwise copy the Subject Data for its further use. Prior to viewing the Subject Data, Grantor must provide Grantee with at least fifteen (15) business days written notice of its desire to view the Subject Data. Grantor must complete its review of the Subject Data hereunder within one (1) year following the expiration of the ninety (90) day period provided for hereinabove. The right to view the Subject Data granted herein shall not be assignable, but Grantor may designate its own employees, contractors, or consultants to view the Subject Data on its behalf. Grantee makes no representations or warranties, express or implied, as to the quality, accuracy or completeness of the Subject Data disclosed hereunder, and Grantor expressly acknowledges the inherent risk of error in the acquisition, processing and intemretation of geologic and geophysical data. Grantee shall have no liability whatsoever with respect to Grantor's use of or reliance upon the data viewed hereunder. 9. Confidentiality: Grantor agrees that all information, knowledge, and know-how acquired or generated as a result of its viewing of the Subject Data (the "Confidential Information") shall be kept strictly confidential by Grantor and further agrees that prior to its viewing of the Subject Data Grantor shall agree in writing to a confidentiality agreement governing the Subject Data and Confidential Information in a form approved by Grantee at Grantee's sole discretion (the "Confidentiality Agreement"). Grantor agrees it shall not disclose the Confidential Information to any third party other than to third party consultants or contractors engaged by Grantor for the purpose of participating in Grantor's viewing of the Subject Data and performing analysis and interpretation of the Subject Data and Confidential Information on behalf of Grantor. Notwithstanding the forgoing, such third party consultants or contractors must be approved in writing by Grantee and must enter an Santo Petroleum / TX Geophysical Permit Standard Form Revision: 2011 B / DoclD 177320 v.2 Parcel ID(s): A102097 DocID 245540 4 agreement identical in form to the Confidentiality Agreement prior to performing any work on behalf of Grantor with respect to the Subject Data or Confidential Information. iQ. Survivals. Paragraphs 8 and 9 above shall survive the survive expiration of the permit granted herein and continue to bind the parties for so long as either of them shall utilize or possess the Subject Data or information resulting therefrom, [Signature page follows] Santo Petroleum / TX Geophysical Permit Standard Form Revision: 2011 B / Well) 177320 v.2 Parcel ID(s): jR102097 Doc1D 245540 0, IN WITNESS WHEREOF, this instrument is executed as of the date first above written, to be effective upon the date provided above. GRANTOR: THE CITY OF LUBBOCK By: 64AEN C. ROBERTSON, Mayor APPROVED AS TO CONTENT: M L-91� � 10 14 Marsha Reed Chief Operations Officer APPROVED AS TO N1'LNT: 7Q Za a S. Br d j)j!2me,yKor City A TEST: City kcretary GRANTEE: SANTO PE ROLEUM LLC By._ Lnj ��'e GA ALDRO , Field Land Managdf Santo Petroleum / TX Geophysical Permit Standard Form Revision: 2011 B / DoclD 177320 v.2 Parcel 113(s): [11102097 DocID 245540 0 STATE OF TEXAS COUNTY OF LUBBOCK This instrument was acknowledged before me on the 12;!� day of NOVEµBILR., 2012, by GARY WALDROP, Field Land Manager of SANTO PETROLEUM LLC. a limited liability company, on behalf of said company. LILLIE J. SHIPLEY r`��pr r�i4 ?t'• Notary Public, State of Texas My Commission Expires July 19, 2016 •.;roi 5t Santo Petroleum / TX Geophysical Permit Standard Form Revision: 2011 B / Doan 177320 v.2 Parcel ID(s): [RI 02097 DocID 245540 0 EXHIBIT "A" Legal Description of the Lands ATTACHED HERETO AND MADE A PART OF THAT CERTAIN GEOPHYSICAL PERMIT DATED NOVEMBER 1, 2012, BY AND BETWEEN THE CITY OF LUBBOCK, TEXAS, AS GRANTOR AND SANTO PETROLEUM LLC, AS GRANTEE: Being 317.58 acres, more or less, described as being the West Half of Section 72. Block S, Abstract 946, T.T Rail Road Company Survey, Lubbock County, Texas and further identified in that certain Dedicatory Certificate dated December 12, 2010 and recorded in File # 2011003802 of the Public Records of Lubbock County. Santo Petroleum / TX Geophysical Permit Standard Form Revision: 2011 B 1 DoclD 177320 v.2 Parcel ID(s): R 102097 NOD 245540 v.2