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Ordinance No. 4,97280414 -3 ORDINANCE NO. 4972 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SECOND AMENDMENT TO THE OIL, GAS, AND MINERAL LEASE BETWEEN THE CITY OF BAYTOWN AND TRACE OIL AND GAS COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City of Baytown entered into a two year lease with Trace Oil and Gas Company which covers certain City owned property, for which the City received $6,345.00 as bonus payment, and which was amended to extend the lease for one additional year; and WHEREAS, Trace Oil and Gas Company desires to extend the lease for ninety (90) days for an additional bonus payment of $793.13; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby approves the second amendment to the oil, gas, and mineral lease between the City of Baytown and Trace Oil and Gas Company and authorizes and directs the Mayor and City Clerk of the City of Baytown to execute and attest to said amendment. A copy of said amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 14th day of April, 1988. MM_ETT 0. HUTTO, Mayor ATTEST: EILEEN P. HAL ity Clerk RANDALL B. STRONG, Ci A torney C:1:41:6 • 11 80414 -3a ® AMENDMENT OF OIL AND GAS LEASE (Extension of Primary Term) THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRSENTS; THAT, COUNTY OF HARRIS § WHEREAS, on the 29th day of April, 1985, the City of Baytown, Texas, as Lessor (hereinafter "Lessor ") did execute and deliver to Trace Oil & Gas Company, as Lessee, (hereinafter "Lessee ") an Oil, Gas and Mineral Lease which was recorded under Film Code Sequence No. 013 -75 -1922 et seq of the Official Public Records of Real Property, Harris County, Texas (hereinafter "the Lease ") which Lease covers certain land situated in the county and state described in the Lease, reference to the Lease and the record thereof being here made for all purposes; and WHEREAS, on October 13, 1986, Lessor did execute and deliver to Lessee an Amendment of Lease Description, which was recorded under Film Code Sequence No. 063 -65 -0045 et seq of the Official Public Records of Real Property, Harris County, Texas (hereinafter "the Amendment ") which Amendment covers certain land situated in said county and state described in the Amendment, reference to the Amendment and the record thereof being here made for all purposes; and WHEREAS, on February 25, 1987, Lessor did execute and deliver an Amendment of Oil and Gas Lease (Extension of Primary Term), which was recorded under Film Code Sequence No. 076 -71- ® 0011, which extended the primary term of the Lease to three (3) years from its date; IESA T A 80414 -1 ® WHEREAS, the Lease and all rights and privileges thereunder are now owned and held by Lessee; and WHEREAS, Lessor and Lessee desire to extend the primary ® term of the Lease for an additional ninety (90) days. NOW, THEREFORE, in consideration of the payment by Lessee to Lessor of ten dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, Lessor and Lessee do hereby agree as follows: The primary term of the Lease shall be and is hereby amended and changed from three (3) years from date of the Lease to three (3) years and ninety (90) days from date of the Lease; and for the same consideration, Lessor and Lessee jointly and ® severally do hereby ratify and confirm the Lease, upon and subject to all of its terms and provisions as hereby amended, and Lessor does hereby grant, lease and let to the Lessee, its successors and assigns, all oil and gas in, on or under the land described in the Lease and the Amendment upon and subject to all of the terms and provisions of the Lease during the primary term thereof, as extended hereby. v ® -2- Ll n LJ v 80414 -3c This amendment shall extend to and be Binding upon the successors and assigns of each of the undersigned. EXECUTED this THE STATE OF TEXAS § § COUNTY OF HARRIS § day of April, 1988. THE CITY OF BAYTOWN, TEXAS B mmett O. Hutto, Mayor TRACE OIL & GAS COMPANY L- Stephen F. Ferguson, Vice President This instrument was acknowledged before me on the day of April, 1988, by Emmett 0. Hutto, the Mayor of the City of Baytown, Texas on behalf of said city. Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: -3- ® 91040086/LGJ • v El • 80414 -3d THE STATE OF TEXAS 5 ® COUNTY OF HARRIS 5 This instrument was acknowledged before me on the ® day of April, 1988, by Stephen F. Ferguson, the Vice - President of Trace Oil & Gas Company, a Texas corporation, on behalf of said corporation. Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: MAILING ADDRESS OF LESSOR: ® The City of Baytown, Texas P. 0. Box 424 Baytown,'Texas 77522 Attn: Randall B. Strong, City Attorney MAILING ADDRESS OF LESSEE: Trace Oil & Gas Company 922 Americana Bldg. 811 Dallas Houston, Texas 77002 V -4- ® 91040086/LGJ WH"B v v •