HomeMy WebLinkAbout20131024.tiffOIL & GAS PROPERTIES, INC,
LAND BROKERAGE SERVICES
3232 W. Britton Rd., Suite 200, Oklahoma City, OK. 73120
Phone 405.752.8000/Facsimile 405.752.8327
April 18, 2013
Tammy Waters
Deputy Clerk to the Board
P.O. Box 758
Greeley, CO 80632
RE: Consent to Assignment Letter
Dear Tammy,
RECEWED
APR 2 2013
WELD COUNTY
COMMISSIONERS
On August 3, 2011, Turner Oil & Gas Properties, Inc. leased mineral interests through
Weld County. This interest is included in an Oil & Gas lease dated August 3, 2011 between
Weld County, Colorado as Lessor and Turner Oil & Gas Properties, Inc. as Lessee, more
particularly described in the attached Exhibit "A" . Pursuant to Paragraph 10 of said Oil
& Gas Lease, Turner Oil & Gas Properties, Inc. needs consent from the Board of County
Commissioners of the County of Weld to officially assign the lease and all lands covered
thereby to Chesapeake Exploration, LLC. We have enclosed a check for $25.00, as
required in Paragraph 10, as fee for your written consent.
Please execute the enclosed copy of this letter in the space provided to indicate your written
approval and consent to the assignment and transfer of the Oil and Gas Lease as provided
above and return it to us in the enclosed envelope.
Than you,
Laura Coury
Turner Oil & Gas Properties, Inc.
405-752-8000
The Board of County Commissioners of the County of Weld approves and consents to the
assignment and transfe of the referenced Oil & Gas lease as provided for in this Letter
Agreement qn his aay of Rtl%! L , 2013.
By:
Williams F. Garcia
Title: Chair, Board of Weld County Commissioners
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WELD COUNTY Oil AND GAS LFG F
(Small Tract)
THIS AGREEMENT, made and entered into this 3rd day of august 201.1_, by and
between WELD COUNTY, COLORADO, a political subdivision of the State of Colorado acting by and
through the Board of County Commissioners of the County of Weld, 915 10th Street, P.O. Box 758,
Greeley, CO 80632, hereinafter called Lessor, and:
Turner 011 and Gas Properties, Inc.
3232 11. Britton Rd., Suite 200
Oklahoma City, OR 73120
hereinafter called Lessee.
WITNESSETH, that Lessor, for and in consideration of the sum of 5480.00, cash in hand paid,
the receipt of which is hereby acknowledged, and the covenants and agreements hereinafter described,
has granted, demised, leased and let, and by these presents does grant, demise, lease and let
exclusively unto the said Lessee, the land hereinafter described, with the exclusive right for the purpose
of mining, exploring by geophysical and other methods, and operating for and producing therefrom; oil
and all gas of whatsoever nature or kind, with rights of way and easement for laying pipe lines, and
erection of structures thereon to produce, save and take care of said products, all that certain tract of land
situated In the County of Weld, State of Colorado, described as follows, to wit:
Section 12 Township 09N North, Range 66W West of the 6th P.M., Weld County, Colorado:
and containing 1.2 acres, more or less.
1. It is agreed that the lease shall remain in force for a term of three (3) years from this date
and as long thereafter as oil or gas of whatsoever nature or kind is produced from said leased premises
or on acreage pooled therewith, or drilling operations are continued as hereinafter provided. If, at the
expiration of the primary term of this lease, oil or gas is not being produced on the leased premises or on
acreage pooled therewith but Lessee is then engaged in drilling or re -working operations thereon, then
this lease shall continue in force so long as operations are being continuously prosecuted on the leased
premises or on acreage pooled therewith; and operations shall be considered to be continuously
prosecuted if not more than ninety (90) days shall elapse between the completion or abandonment of one
well and the beginning of operations for the drilling of a subsequent well. If after discovery of oil or gas on
said land or on acreage pooled therewith, the production thereof should cease from any cause after the
primary term, this lease shall not terminate if Lessee commences additional drilling or re -working
operations within ninety (90) days from date of cessation of production or from date of completion of dry
hole. If oil or gas shall be discovered and produced as a result of such operations; at or after the
expiration of the primary term of this lease, this lease shall continue In force so long as oil or gas is
produced from the leased premises or on acreage pooled therewith.
2. This is a PAID -UP LEASE. In consideration of the down cash payment, Lessor agrees
that Lessee shall not be obligated, except as otherwise provided herein, to commence or continue any
operations during the primary term. Lessee may at any time or times during or after the primary term
surrender this lease as to all or any portion of said land and as to any strata or stratum by delivering to
Lessor or by filing for record a release or releases, and be relieved of all obligation thereafter accruing as
to the acreage surrendered.
3. In consideration of the premises the said Lessee covenants and agree to pay Lessor
twenty percent (20%) of the proceeds received by Lessee, payable monthly, for the of, gas and other
hydrocarbons produced and saved from the leased premises.
4. Where gas from a well capable of producing gas is not sold or used, Lessee may pay or
tender as royalty to Lessor One Dollar per year per net mineral acre awned by Lessor and covered by this
lease, such payment or tender to be made on or before the anniversary date of this lease next ensuing
after the expiration of 90 days from the date such well is shut in and thereafter on or before the
anniversary date of this lease during the period such well is shut In. If such payment or tender is made, it
will be considered that gas is being produced within the meaning of this lease.
6. If said Lessor owns less than the entire oil and gas fee simple estate In the above
described lands, then the royalties (Including any shut-in gas royalty) herein provided for shall be paid to
the said Lessor only in the proportion which Lessor's interest bears to the entire oil and gas mineral fee
simple estate.
6. Lessee shall have the right to use, free of cost or royalty, gas, oil and water produced on
said land for Lessee's operations thereon, except water from the wells of Lessor.
7. When requested by Lessor, Lessee shall bury Lessee's pipe fines below plow depth.
8. No well shall be drilled nearer than 200 feet to any occupied building on said premises
without the written consent of Lessor.
111111111111111111IIIII1111111111111111III11111VIII IIII
3788288 0811812011 04.13? Weld County, CO
1 of 3 A 0.00 D 0.00 Steve Moreno Clerk & Recorder
2011-2102
f...E0a9d
(Revised 1/2011)
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mail, to the post office address of said lessee as shown by the records of Lessor, a notice or intention to
cancel for such failure or default, specifying the same, stating that if within thirty (30) days from the date
of mailing said notice, Lessee shall correct such failure or default, no cancellation will be made. If such
failure or default Is not corrected with thirty (30) days after the mailing of such notice, and if Lessee does
not request a hearing on such notice within thirty (30) days, this lease will terminate and be canceled by
operation of the paragraph without further action by Lessor, or further notice to Lessee.
16. All of the provisions of this lease shall be binding upon the heirs, persona
representatives, successors and assigns of Lessor and Lessee.
17. Lessee shall not conduct operations of any kind upon the surface of the lands herein
described without the express written consent of Lessor.
18. Neither party shall be responsible for delays or failures in performance resulting from acts
or occurrences beyond the reasonable control of such party, Including, without limitation: fire, explosion,
power failure, flood, earthquake or other act of God; war, revolution, civil commotion, tenVrism, or acts of
public enemies; any law, order,'regulation, ordinance, or requirement of any government or legal body or
any representative of any such government or legal body; or labor unrest, Including without limitation,
strikes, slowdowns, picketing or boycotts. In such event, the party affected shall be excused from such
performance (other than any obligation to pay money) on a day-to-day basis to the extent of such
interference (and the other party shall likewise be excused from performance of is obligations on a day-
to-day basis to the extent such partys obligations relate to the performance so Interfered with).
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IN WITNESS WHEREOF, Lessor has hereunto signed and caused Its name to be signed by the
CHAIR, BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, with the seal of the
office affixed, and Lessee has signed this agreement, the day and year first above written.
ATTEST: eifilab
Weld County Clerk to the Board
STATE OF COLORADO
ss
COUNTY OF WELD
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORAD
M
ir, Board of CountyCommissio rs
AUG 0 3 2011
LESSEE:
Els; /L-•-eatVVSWV�
Boone Ellis
Title: General Manager
The foregoing Instrument was acknowledged
1'± urrss' 20.1l_ by a0r
Witness my hand and official seal.
Notary Public 3kil a21
My Commission Expires: I0 • l - 3l.31
STATE OF OKLAHOMA,
COUNTY OF OKLAHOMA
before me this
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day of
On this 28 day of July A.D. 2011, before me, the undersigned, a Notary
Public, in and for the County and State aforesaid, personally appeared Boone Ellis, to me known to be
the identical person(s) who subscribed the name of the maker thereof to the foregoing instrument as its
General Manager and acknowledged to me that Bg executed the same as 1216.1ree and
voluntary act and deed and as the free and voluntary act and deed of such corporation, for the uses and
purposes therein set forth.
Given under my hand and seal of office the day and year last above written.
My commission
r
res March 12. 2013
Notary Public
DEBORAH J. BONETA
Notary Public, State of Oklahoma
Commission 1090024a3
My Commhrlon Eamiwt March 14.201 J
(Revised 1)2011)
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