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HomeMy WebLinkAboutResolution - 3134 - Amendment To Lease Agreement-Texland Petroleum -Sec 5, Block A, TT RR Co Survey - 06/22/1989Resolution # 3134 June 22, 1989 Item #23 JCR:da 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 fqr and on behalf of the City of Lubbock an Amendment to Oil, Gas and Mineral Lease between the City of Lubbock and Texland Petroleum, Inc., attached 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. Passed by the City Council this 22nd day of June , 1989. C . eAe� B.C. McFIINN, MAYOR EST: i Rangte Boyd, City Secr APPROVED"AS TO CONTENT: W. Robert Massengale,'Assistant City Manager for Financial Services APPROVED AS TO FORM: G . KOSS, Jr., Ulty Attorney AND FOR the same consideration as above stated the City of Lubbock does hereby ratify, confirm and declare the LEASE to be in full force and effect as to all of Section 5, Block A, TT RR Co. Survey, Abstract 87, Lubbock County, Texas; and does hereby lease, let and demise said lands unto the record holders of the LEASE upon the terms and conditions set out therein and as amended hereby. IN WITNESS WHEREOF this Amendment and Stipulation Aggreement to Oil, Gas and Mineral Lease is executed this 22nd day of June 1989. ATTEST STATE OF TEXAS § COUNTY OF LUBBOCK § THE CITY OF LUBBOCK 0 r, Before Me, the undersigned authority, a NotarX Public in and for said County, Texas, on this day personally appeared , e. ftI; , Mayor, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act and deed of the City of Lubbock and as Mayor, for the purposes and consideration therein expressed and in the c acity therein �w My Commission Expires NotaVy Public for the State Qf Texas Print Name Olcaica, R Sri ice, MY COMMISSION EXPIfzES NOVEMBER 30, 1989 OLIVIA R. SOLIS 688.2 AMENDMENT TO OIL, GAS, AND MINERAL LEASE CITY OF LUBBOCK - SECTION 5, BLOCK A STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK § THAT reference is hereby made to that certain Oil and Gas Lease dated December 13, 1984, recorded in Volume 55, Page 685 of the Oil and Gas Lease Records of Lubbock County, Texas, executed by the City of Lubbock, in favor of Texland Petroleum, Inc., and covering the following described lands: All of Section 5, Block A, TT RR Co. Survey, Abstract 87, Lubbock County, Texas said lease being herein referred to as the LEASE; THAT Section 5(c) of the LEASE provides that after the expiration of the primary term the LEASE shall continue in force in its entirety as long as Lessee conducts continuous drilling operations on the leased premises with no more than six months between wells. THAT Texland Petroleum, Inc. (TEXLAND) as the lessee and part owner of the LEASE has heretofore caused four oil wells to be drilled upon the LEASE, and as a result the LEASE currently remains in full force and effect as to all of said Section 5; THAT TEXLAND has requested the City of Lubbock to amend Section 5(c) of the LEASE to allow time saved by the early commencement of drilling opera- tions on each additional well be applied to the subsequent drilling period(s), thereby accumulating time saved by early commencement of drilling operations on subsequent wells. THAT the City of Lubbock desires to encourage TEXLAND and the other lease owners to drill additional wells on the LEASE, and acknowledges the benefits to be derived by the City of Lubbock from such additional drilling. NOW THEREFORE for and in consideration of the above stated premises, Ten Dollars and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Lubbock does hereby amend Section 5(c) of the LEASE so as to add the following to the end of the second paragraph of Section 5(c): "Should Lessee commence operations for drilling an additional well before the end of the drilling period for such well, then the time remaining in said drilling period shall be applied to the subsequent drilling period; moreover time saved by early commencement of opera- tions for drilling of each additional well shall be accumulated so as to extend the time within which subsequent wells may be drilled." FURTHERMORE, the City of Lubbock does hereby stipulate and agree that the four wells heretofore drilled by TEXLANU.on the LEASE have been timely commenced, that TEXLAND has until April 30, 1989, to commence operations for drilling a fifth well on the LEASE pursuant to the provisions of Section 5(c) thereof, and that the Amendment herein provided shall be effective and apply to all wells drilled on the LEASE subsequent to March 1, 1989. 688.1 c/ CITY OF LUBBOCK MEMO TO: Robert Massengale, Assistant City Manager FROM: John C. Ross, Jr., City Attorney SUBJECT: Amendment to Lease Agreement with Texland Petroleum, Inc. DATE: June 2, 1969 This is the request of Texland Petroleum, Inc., which I spoke to you on the phone about today. I am enclosing a letter addressed to myself along with a proposed amendment to the oil and gas lease existing between the City and Texland Petroleum, Inc. I don't see any problem with this. All they are really trying to do is expedite the drilling and bank the time allowed for drilling operations. I would appreciate it if you would review this and place it on the City Council agenda for the next meeting of the City Council. I am also enclosing a resolution authorizing the Mayor to sign this document. C �ohn C. Ross, Jr. JCR:da CHAS C CRENSHAW. SR (1888.1884) GEO. W. DUPREE (1880.107 RK (IOm) HARTY (1811.1878) J. ORVILLE SMITH (1812-1085) JAS. H. MILAM TOM S. MI AM A. DOYLE JUSTICE WILUAM R MOSS JOE V. BOERNER, JR CECIL C. KUHNE JOE H. NAGY BRAD CRAWFORD, JR. O.V. SCOTT, JR, P.C. JOHN CREWS, P.C. WRUAM F. RUSSELL, P.C. WILLIAM J. WADE JACK MCCUTCHIN, JR, P.C. Mr. John C. Ross City Attorney. City Hall Lubbock, Texas CRENSHAW, DUPREE & MH" ATTORNEYS AT LAW PHILIP W. JOHNSON, P.& A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS P.0 c BON FIRST NATIONAL BUILDING C.. DDENNIS0iER DENNIS D LAYTON L WOODUL, SR 1500 BROADWAY JAMES L GORSUCH. P.C. LUBBOCK, TEXAS 79401 ROBERT L DUNCAN, P.C. W. CHRIS BOYER P.C. MICHAEL L BYRD (806) 762-5281 ROBERT L JONES, P.C. P.O. BOX 1499 MARK W. HARMON 79408-1499 JERRI LYNN HAMMER J. T. KELLEY TelecopieT (806) 762510 MARK O. BLANKENSHIP OF COUNSEL: MAX C. ADDISON Jr. 79401 RE: City of Lubbock Lease, Section 5, Block A, Lubbock County, Texas Dear John: As you and I discussed by phone, I am enclosing for your review and consideration a proposed amendment to the Oil, Gas and Mineral Lease dated December 13, 1984 between Texland Petroleum, Inc. and the City of Lubbock covering all of Section 5, Block A, T.T.R.R. Company Survey, Abstract 87, Lubbock County, Texas. The proposed amendment would allow Texland to receive credit under Section 5(c) of the lease, which is the continuous drilling provision, for all wells drilled in advance of the time required by that provision. It is important to stress that Texland is not asking for additional time over and above that now allowed by the lease, but simply asking that the lease be amended to allow us to accumulate time when wells are drilled well in advance of the required date. This will allow more flexibility in the drilling program and will, of course, bring more wells on line earlier which will enure to the benefit of the City. Please let me hear from you regarding this matter as quickly as possible. With kindest personal regards, we are Yours very truly, / CRENS ; EE l W C Bratcher, P. C. WCB/lk