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Home My WebLink About2005-315S:\Our Documents\0rdinances\05Uoint Resources -Gas Lease Extension.doc ORDINANCE NO. AN ORDINANCE APPROVING AN EXTENSION, REVIVOR AND RATIFICATION AGREEMENT BETWEEN THE CITY OF DENTON AND JOINT RESOURCES COMPANY AND HEP OIL COMPANY. LTD. RELATING TO A GAS WELL LEASE DATED NOVEMBER 4, 2003 FOR NORTH LAKES PARK; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Extension, Revivor and Ratification Agreement between the City of Denton and Joint Resources Company and HEP Oil Company, Ltd. attached hereto and and made a part hereof as Exhibit "A" is hereby approved (the "Extension Agreement'). City Manager or his designee is hereby authorized to execute the Extension Agreement on behalf of the City.. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / 0 �h day of h/J ,/ , 2005. EULINE BROCK, MAYOR J IF R LTER , 41 SIECRVARY M. APPROVED AS TO LEGAL FO EDWIN M. SNYDER—CITY AIMRNEY L:3V EXTENSION, REVIVOR AND RATIFICATION AGREEMENT STATE OF TEXAS } } KNOW ALL MEN BYTHESE PRESENTS COUNTY OF DENTON } THIS AGREEMENT being an Extension, Revivor and Ratification Agreement (hereinafter referred to as the "Agreement") is made and entered into this 21st day of September, 2005, by and between the City of Denton, Texas, (hereinafter referred to as "Lessor"), acting by and through its City Manger, Mike Condufff, duly authorized by ordinance to execute this Agreement, whose address is 215 East McKinney, Denton, Texas 76201, and Joint Resources Company and HEP Oil Company, Ltd., (hereinafter collectively referred to as "Lessee"), whose address is 770 N. Fielder Road, Arlington, TX 76012. WITNESSETH WHEREAS, by instrument dated effective November 4, 2003, the City of Denton, Texas, acting by and through its City Manger, Mike Condufff, duly authorized by ordinance, as Lessor, executed to Joint Resources Company, as lessee therein, an Oil, Gas and Mineral Lease (hereinafter referred to as the "Lease") recorded by Memorandum of Lease, Document # 7757, Receipt # 0081783, Official Public Records of Real Property, Denton County, Texas, covering 353 acres of land, more or less, as described in said Lease, reference made to said Lease for a more particular description of said Land therein and incorporated herein by reference. WHEREAS, Lessee's rights, titles and interests, are now owned by Joint Resources Company and HEP Oil Company, Ltd., as Lessee herein, and WHEREAS, it is the mutual desire of Lessor and Lessee to have such Lease amended to the extent shown hereinafter and only to such extent, and to thereafter ratify, revive and validate said Lease as to the Land covered thereby as amended hereby. WHEREAS, said Lease under paragraph 3 therein, provides for a primary term of two (2) years from the date of said Lease, and, WHEREAS, Lessor and Lessee have agreed to an extension of said primary term, for an additional period of one (1) year, thereby increasing and amending the primaryterm in said Lease from two (2) years to three (3) years, so that the primary term will be extended to November 4, 2006. NOW THEREFORE, for and in consideration of the premises and the sum of Ten and No/100 Dollars ($10.00), and other good and valuable considerations, in hand paid to the undersigned Lessor by Lessee, the receipt and sufficiency of which is hereby acknowledged and confessed by the undersigned Lessor, the undersigned Lessor does hereby agree and amend the Lease, by increasing the primary term in the Lease for an additional period of one (1) year thereby increasing and amending the primaryterm in said EXTENSION REVIVOR AND RATIFICATION AGREEMENT Page 1 Lease from two (2) years to three (3) years, so that the primary term will be extended to November 4, 2006, and to this end said Lease shall be amended, so that paragraph 3 therein shall be superseded and replaced as follows, to -wit: 3. This is a paid up lease and subject to the other provisions here contained, this Lease shall be for a term of three (3) years from the Effective Date (the "Primary Term") and as long thereafter as oil, gas and other minerals are produced in paying quantities from said land or land with which said land is pooled hereunder. Further, for the same consideration recited above, Lessor and Lessee recognize, acknowledge, and affirm the validity and effectiveness of the Lease, notwithstanding any prior termination, and Lessor does hereby adopt, ratify, revive and confirm the Lease as amended by this Agreement, in all of its terms and provisions, and does hereby lease, grant, demise and let said Land under and subject to the terms and provisions of the Lease as amended by this Agreement unto the said Lessee, its successors and assigns, as fully and completely as if Lessor had originally been named as a Lessor in said Lease as amended by this Agreement, and had executed, acknowledged and delivered the same in Lessor's name. Lessor does hereby further declare that said Lease as amended by this Agreement in all of its terms and provisions is binding on the undersigned Lessor and is a valid and subsisting Oil, Gas and Mineral Lease. This Agreement is binding on Lessor, and Lessor's heirs, representatives, successors and assigns. TO HAVE AND TO HOLD all rights, titles and interests granted to Lessee herein, its, representatives, successors and assigns, forever. IN WITNESS WHEREOF, this instrument is executed on the date first above written. Lesso r:' i f D o , y: Attest: Michael A. Conduff ty Manager nnifUr Walters, City Secretary Approved as to Legal Form: Edwin City A ney BY: Lessee: Joint Resources C pany ess : HEP Oil Com any, LTD By: By: Mark G. Kalpakis, resident John it , re ' en f HEP Holding, Mite erorHEP Oil Comp LTD EXTENSION REVIVOR ANO RATIFICATION AGREEMENT Page 2 61r_ 9:901ar:*:c[. COUNTY OF DENTON ACKNOWLEDGMENT This injtr ment was acknowledged before me on the "day of 2005, , c ae anduff as city Manager of the city of Denton, Texas, on behalf of said city and in the capacity therein stated. [Seal] ri��w JAaE'FRR1fi1dR8R3AN •'••, i Notary Publi2. s MY Con jAtJ729 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged 2005, by Mark G. Kalpakis, as Presid corporation, on behalf of said corporation [Seal] RACHELLE L WHITEMAN re_ MY COMMISSION EXPIRES STATE OF TEXAS ACKNOWLEDGMENT me on the;3�d day of , \ Joint Resources Company, a Texas of Texas COUNTY OF , ACKNOWLEDGMENT -' This instrument was acknowledged before me on the d1ay of e (Q- 2005, by John D. Schmitz as President of HEP Holding Company, LLC, General Partner of HEP Oil Company, LTD., a Texas Limited Partnership and in thq-ci�pacities therein stated. [Seal] Z1SSADANGELMAYR Notary ublic, State of Texas `r' •O NOTARY PUBLIC *F State of Texas �.91^.... i'P `Comm. Exp. 12-23-2005 EXTENSION. REVIVOR AND RATIFICATION AGREEMENT Page 3 !IUI��Y�IIIVV Recorded On: November 01, 2005 Parties: CITY OF DENTON To Comment: Extension 28.00 Total Recording: 28.00 Denton County Cynthia Mitchell County Clerk Denton, TX 76202 Instrument Number: 2005-136014 As Extension ** Examined and Charged as Follows: ** Billable Pages: 4 Number of Pages: 4 THIS PAGE IS PART OF THE INSTRUMENT Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Record and Return To: Document Number: 2005-136014 Receipt Number: 239395 JOINT RESOURCES CO Recorded DateMme: November 01, 2005 10:01A 770 N FIELDLER RD ARLINGTON TX 76012 User / Station: J Morris - Cash Station 1 THE STATE OF TEXAS} COUNTY OF DENTON } I hereby certify that this Instrument was FILED In the File Number sequence on the dataldme printed heron, and was duly RECORDED In the Official Recorda of Denton County, Texas. a C3.u+.11. +r County Clerk +� Denton County, Texas