2005-315
S:\OUf Documents\Ordinances\05\Joint Resources-Gas Lease Extension.doc
ORDINANCE NO. 2.tJO:5- 315"
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 I. 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 I fb fh day of & (Ij;g ~tL
,2005.
~AcL
EULINE BROCK, MAYOR
#n~~RW~ARY
BY:
APPROVED AS TO LEGAL FO
EDWIN~TY A
~
BY:
EXTENSION. REVIVOR AND RATIFICATION AGREEMENT
STATE OF TEXAS
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KNOW ALL MEN BY THESE 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 2151 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 primary term
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 primary term 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.
Attest:
Approved as to Legal Form:
EdwinM.~~
BY:~
Lessee: Joint Resources C
By:
John
Holding, L:
Oil Comp
By: ~
Mark G. Kalpakis,
EXTENSION REVIVOR AND RATIFICATION AGREEMENT Page 2
.
STATE OF TEXAS
COUNTY OF DENTON ACKNOWLEDGMENT
Thi~ in~tr\,Jment was acknowledged before me on the /@fA/day of ~
2005, bV c ae Ccmduff as city Manager of the city of Denton, Texas, on behalf of said city
and in the capacity therein stated.
[Seal]
JANE''EJ.R~Il)iltHl~~N 5
Notary PubliC.St~l'Jept~
MyCorm\'lill!liOl\ll!~
J~~1,72~9
QgIf: &MIl{j/uhf)
N ary Public, State of Texas
STATE OF TEXAS
COUNTY OF TARRANT ACKNOWLEDGMENT
This instrument was acknowledged before me on the3~ day of _OeilJb~1<V ,
2005, by Mark G. Kalpakis, as Preside , 0 Joint Resources Company, a Texas
corporation, on behalf of said corporation.
[Seal]
4;;.~~..
i:ri~j
\~.Jl(/~j
"'~',*:,~$'"
RACHEllE L WHITEMAN .
MY COMMISSION EXPIRES
AprIl S. 2008
STATE OF TEXAS
COUNTY OF ~ ACKNOWLEDGMENT
This instrument was acknowledged before me on the dq~daYOf S~+C' ~er-
2005, by John D. Schmitz as President of HEP Holding Company, LLC, Gener Partner of
HEP Oil Company, LTD., a Texas Limited Partnership and in the pacities therein stated.
[Seal]
's~,f.:!.~~'" MELISSA DANGELMAYR
(:(~\~\ NOTARY PUBLIC
\~~. ~ /:f i State of Texas
.~to,"",:"'" Comm. Exp. 12-23-2005
.........
EXTENSION REVIVOR AND RATIFICATION AGREEMENT Page 3
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I~~~II~~I~~~ ~~~ nl~~II~
702005001350101
Denton County
Cynthia Mitchell
County Clerk
Denton, TX 76202
Recorded On: November 01,2005
Instrument Number: 2005-136014
As
Extension
Parties: CITY OF DENTON
To
Billable Pages: 4
Number of Pages: 4
Comment:
** Examined and Charged as Follows: **
Total Recording:
28.00
28.00
Extension
************ 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:
Document Number: 2005-136014
Receipt Number: 239395
Recorded DatelTime: November 01,2005 10:01A
Record and Return To:
JOINT RESOURCES CO
770 N FIELDLER RD
ARLINGTON TX 76012
User I Slation: J Morris - Cash Station 1
THE STATE OF TEXAS}
COUNTY OF DENTON}
I hereby certify that thllllnstrumunt was FIL.ED In the Fllu Numbefuoquence on the datu/time
printed heron, and was duly RECORDED In the OfficIal Recorda of Centon County, leu&:.
~
County Clerk
Denton County, Texas