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HomeMy WebLinkAboutC2007-123 - 3/20/2007 - ApprovedTOiH Energy, lac. Owner Name: City of Corpus Chrsiti 711 No, Caran.ahua, Suite 906 Corpus Christi, TX 78475 Attn: Director of City Libraries Effective Date: October 1, 2006 The undersigned severally and not jointly certifies and warrants that it is the legal owner of the interest set out below of all the oil, gas and related hydrocarbon produced from the property described below: OPERATOR: REF Energy, ' n c Propel:4y Naris: County, States City H & F #1 and #3 Nueces County, Texas - Le ! : See Exhibit "A" attached to and made a part hereof DI W s Magi NRI Revenue intOverride r s 0 s y h'• sOverride AG DOES NOT AMEND ANY LEASE OR OPERATING AGREEMENT INTEREST OWNERS AND THE LESSEE OR OPERATOR OR ANY QTHER CFI FOR THE PURPOSE OF OIL OR GAS. The folkrwing provisions apply to each interest owner ("owner") who executed this agreement, its *airs, devises, successors, legal representatives, and assigns: • 'MSS OF SALE: The undersigned will be paid in accordance with the division of interest set out Mbovs. The !s%er shall pay all parties at the price agreed to by the operator for oil and/or gas to be sold l+ursudet to titer division order. Purchaser shall compute quantity and make corrections for gravity and lempeiature sad make deductions for impurities. iAY ENTT Prom the effective date,' payment is to be made monthly by payer's check, based on this visi+in of iglsgest, for oil run during the preceding calendar month from the property listed above, less es cquirtd by law to be deducted and remitted by payer as purchaser. From the effective date, all tiayments on g4 production as described above shall be made by payer's check based on this division of ter*, duties the next calendar month following the receipt by payer of the proceeds due hereunder, less fixes required Sy law to be deducted and remitted by payer as purchaser. Payments of less than $25 may Se & lrued betere disbursement until the total amount equals 525 or more, or until December 31 of each year, MhichWef occurs first. Payee agrees to refund to payer any amounts attributable to an interest or part of an interest that payee does not own. INDIO MN1TYI The owner agrees to indemnify and hold payer harmless from all liability resulting from payments made to the owner in accordance with such division of interest, including but not limited to attorney fees of judgments in connection with any suit that affects the owner's interest to which payer is made a party. DISPUTE; WITHHOLDING OF FUNDS: If a suit is filed that affects the interest of the owner, written notice shall be given to payer by the owner together with a copy of the complaint or petition filed. In the event of a claim or dispute that affects title to the division of interest credited herein, payer is authorized t0.withhold payments accruing to such interest, without interest unless otherwise required by applilable s6uche, until the claim or dispute is settled. TEillrllN ON: Termination of this agreement is effective on the first day of the month that begins after die day after the date written notice of termination is received by either party. NO'ICES: The owner agrees to notify payer in writing of any change in the division of interest, including changes of interest contingent on payment of money or expiration of time. No change of interest is binding on payer until a certified copy of the recorded instrument of chor documents satisfactory to payer evidencing such change are furnished to payer at the time the ch a� occurs. Any change of interest shall be made effective on the first day of the month following of such notice by payer. Any correspondence regarding this agreement shall be furnished to the addresses listed unless otherwise advised by either party. In addition to the legal rights provided by the terms and provisions of the division order, an owner may have certain statutory rights under the laws of this state. Minya RED Ener* 200' 123 aE '20,' Re titsr 1 7- Addams T 4M A-$VKe PanCJ C/1I24 Heft z'e 6- • Crt 474 - . Approved as to tome +fit 2x61 7f •., .� i "ax ID No .7y' s Os e • �y For City Atto�mey� EXHIBIT "A" Below is the legal description of the entire lease, however the attached Division Order only pertains to the City li & F Properties n..and #3. The dew:Optima af the Oil and Gas Leases: 1 • certain ON and Gas Lease February 2. 1083, by and between Annle Blake Mogan of RandolphBlake Head, Trust and and as the estamentary Truce Fare old Trust under the Will of RandolphSh CMwls d True of the , Fanr�thold, ,and � ..._�,. Cleveland Farenthold Trust,as lessor, anhold d �KallYBells . recorded In Volume 362, pages 897404, of the 11 and s Readrds of Nutmeg County, Texas, as amended, covering a 78.62 acre tract of land located in Nueces County, Texas,: more paticular$y desdribed therein; and 2. That certain ON and Gas Lease, dated February 11, 1681 by mai between the Cky of Corpus Christi, Texas, as Lessor, and Kay , as Lessee, recorded in Volume 345, pages 312419, of the Oi! aqd Gas sleoes RecordCounty, Texas, covering 388.6 acres of lard County,locaTexas, more particularly described therein, Ineaer algid .oral insofar as said Oil and Gas Leases cover and include the 388,6 awes of end 1Aduded in the REM Energy — City — H & F Properties Gas Unit, �s more pa ticsierty described in that certain Designation of Gas UnIt, dated January 18, 1.64, recorded at Volume 367, pages 837 — 843 of the Mend Gas Records of Nuoces County, Texas.