|
<br />By
<br />
<br />APPROVED:
<br />CIVIL AERONAUTICS ADMINISTRATION
<br />
<br />.
<br />
<br />CITY OF LA PORTE, TEXAS
<br />
<br />By ./, ')' U. ~. ~ ~
<br />' Mayo~'
<br />
<br />City Clerk
<br />
<br />ATTEST:
<br />
<br />,
<br />
<br />(f) Lessee shall not interfere With the acoess roads to the airport,.} <-
<br />and shall not interfere With any other person or agency;; ~~;V:' .,' ."a. law:t~.' -'M,.i1!~
<br />right to use said leased premises ,or with any bUild1na'~"qJi.i ).,;'''oMerltl~, cr~'f';'
<br />.y kind thereon belonging to any other person or agency,"'!;' with thei~"""
<br />ght to enter thereon and remove said buildings or improvements therefrorn.
<br />
<br />(g) During time of war or national emergency the lessor shall have
<br />the right to lease the landing area or any part thereof to the United
<br />States Government for military or naval use, and, if any such lease is
<br />executed, the provisions of this instrument insofar as they are inconsisten'~
<br />with the provisions of the lease to the Government, shall be suspended.
<br />
<br />18. The Civil Aeronautics Administration, acting through a duly authorizE!d
<br />officer, executes this lease for the sole purpose of evidencing its approval
<br />of same.
<br />
<br />IN TESTIMONY WHEREOF, we sign as of the day and year first above written..
<br />
<br />.
<br />
<br />(e) Further, it is agreed that in the event any drilling operations
<br />for oil, gas or other minerals result in production, lessee at his own .
<br />expense shall. immediately remove all temporary structures and place all
<br />semi-permanent or permanent equipment in such manner as will not interfere
<br />with or introduce any hazard to the operation of aircraft. In event such
<br />drilling operations result in a dry hole, then lessee shall at his own
<br />expense immediately remove all temporary structures used in such operation
<br />and level the area so that it may be safely used for landing or taxiing
<br />aircraft. .
<br />
<br />17. (a) This lease is subject and subordinate to and is controlled by'
<br />all the provisions, stipulations, covenants and agreements in that certain
<br />deed dated June 4, 1947 from the United States of America to lessor,
<br />recorded in Volume 1614, page 190, Deed Records of Harris County, Texas,
<br />conveying the La Porte Municipal airport properties to lessor the same as
<br />if set out in full herein, and lessee agrees to abide by and enforce all
<br />such provisions, stipulations, covenants and agreements. T.his lease is
<br />also subject to all orders, rules and regulations of the Civil Aeronautics
<br />Administration now in force or hereafter promulgated and lessee agrees
<br />to abide by and enforce all of same and all such rules, regulations arid
<br />orders are made a part hereof the same as if set out in full herein. Thil3
<br />lease is subject to approval by the Civil Aeronautics Administration and
<br />shall be effective only as of the date of such approval.
<br />
<br />~ (b) It is further especially agreed by the parties hereto that no
<br />~ructures or obstructions, temporary or otherwise, shall be erected with~~n
<br />350-foot perpendicular distance from and on each side of the center line ()f
<br />all runways and their extensions to the airport boundaries and within 150.-
<br />foot perpendicular distance from and on each side of the center line of all
<br />taxiways; also, that no structure shall be erected nearer than 200 feet
<br />from any buildings; nor shall any structure placed on the airport by the
<br />lessee be of a height greater than 150 feet from the level of the runway
<br />at the nearest point; and no structure or obstruction as aforesaid shall
<br />be erected which will. be in violation of the Zoning. Order enacted for the
<br />protection of this airport by the Airport Zoning Board or as may be approved
<br />by said Board.
<br />
<br />(c) It is especially understood and agreed that the lessee and his
<br />assigns, shall give to the City Commission of the City of La Porte, Texas,
<br />and the Civil Aeronautics Administration, notice in writing of the locatio:n
<br />of any contemplated well on said property and that if neither the Civil
<br />Aeronautics Administration nor the City Commission of the citf of La Porte,
<br />Texas, objects to said location within a period of thirty (30J days from
<br />tI receipt of written notice thereof, the said lessee and his assigns
<br />proceed to drill the well at the location specified in said notice,
<br />~_ovided same does not contravene other provisions of this lease or the
<br />further restrictions and obligations imposed by said City Commission of
<br />the City of La Porte, Texas.
<br />
<br />(d) Also it is agreed, that in the event a well is drilled on the
<br />leased area then such drilling operations shall be prosecuted continuously
<br />until same results in production or a dry hole. All temporary structures
<br />)U\ed in such drilling operations shall be painted and lighted in such
<br />! .~lDer as is prescribed by the Civil Aeronautics Administration, and further
<br />~_ovided that no per~ent structures of any kind used in the development,
<br />production or transportation of oil, gas, and other minerals shall be placed
<br />on the above-described land in such manner as to interfere with or introduce
<br />hazard to the operation of aircraft.
<br />
<br />""'1
<br />
<br />.: .l~. ~
<br />
<br />) ~=' ~~~~'~:~~:::t-:;:~I~~:~!~ ~~i~I~~'~I,.:~~~;.th~I;~'::~' E~~f~~~51;"e.~r~_~g~~I~~
<br />::: r '- l Ref - ': I l\ 1 _ !:: I - {2 .- r 1 . 8'-"
<br />~;~~ ~ :~;1~ ~ ~~f~ *= 8~ ~~~ .~;~ ~~.li~1 ...~.:.:u.:. !.~.wl ..II ~ ;~c~~~ ~i" ~~~ !i:.~~ a~~Ir.~'~'''~ ri.;~ r.~~~~_ -..:~~~.?~ :Lty I~
<br />I' e 8 t.h 1 at It a ~:~S I .~I !!'J...d +1,.. ."'!IIe... _O!roy h... .........iF-II.. there.he.. 1JJ ap8Fak8RB all' 11 8\....h J...I.." bad B8' r........--t
<br />
<br />141. This lease shall be binding upon each party who executes it without regard to whether it is executed by all those named herein as lessor. .
<br />
<br />15... Lessor hereby warrants and agrees to defend title to said land against the claims of all persons whomsoever. Lessor's' rights a~d in'terests hereundel' shall
<br />be charged primarily with any mortgages. taxes or other liens, or interest and other charges on said land. but lessor agrees that lessee shall have the right .\t any
<br />~e to payor reduce same for lessor, either before or after maturity. and be lubrogated to the rights 0' the holder thereof and to deduct amounts so paie. from
<br />._..,__ ,,~ other paym..:nts payable or which may become payable to lessor and/or assigns under this lease. Lessee is hereby given the right to acquire for i15 own
<br />". 01.....1., leases. or assignments coveri!'4' any interest or claim in said land which lessee or any other party contends is outstanding and not covered here!:y and
<br />~~.. though such outstanding i'C'terest or claIm lle invalid or adverse .to lessor. _:. ... . -. u .' ._~ ~ .
<br />
<br />iT>i.'6;~'n' :'ii'he 'power"'Cartd . authority granted to lessee in paragraph 13 hert,9t ,!i ',:.,;'!,:, :'
<br />shall be limited to and shall be no greater than that authorizedi;~Py';~n~":~:'k:;I~':i~'"'
<br />provisions of Chapter 262, page 686, Acts of 1953, 53rd Leg1s1at~e. Qf';;,~T':i
<br />the State of Texas. . {?:::". .
<br />
<br />11. In the event lelsor .considers that'lessee has not complied with-all-its' obligations hereunder, both express and implied. lessor shall notify lessee in writing, ""t;'
<br />setting out specifically in what respects lessee has "breached this' contract. Lessee shall then have sixty (60) days alter .receipt of said notice witbin wbich to meet
<br />or commence to meet all or any part of the breaches alleged by lessor. The service 01 said notice s\1all be. precedent to the brInging of any action by lessor on said. ......
<br />lease for any cause, ,alid no such action shall .be. brought until the lapse of sixty (60) days after service 01 such notice on lessee. Neither. the service of saB notice .....
<br />nor .the do!ng .of any acts by lessee aim~ to meet all or any'of the alleged breaches shall be deemed an admission or pnis.umptionthat.:lessee has failed to. perform _:'.~ ~~
<br />all Its obligatIons hereunde~. . '. --- ..,.
<br />
<br />. . 12 Lessee mar at any time and fro~ time to time execute and deliver to lessor 'or file for record a release or r~leas~s of' ihis leas~ ,as ~ 'l\"uj. part or aU 'Of".id
<br />. land. or oJ any maneral or horizon thereunder, and thereby be relieved of all obligations as to the relea~ acreage or interest. If this lease is so released ;,5 to aU
<br />. minerals and horizons under a portion of said land, the delay rental and other payments computed in accordance therewith shall thereupon be reduced in the propor-
<br />.aion that the. acreage released bears to' the acreage which was covered by' this lease immediately prior to such release.
<br />
<br />..... 13. (a> Lessee is hereby granted the right, at its option, to pool or unitize all or any part of said laad and of this lease as to any or all minerals or horizons
<br />,~reunder, wit" other lands, lease or leases, or portion or portions thereof, or mineral or horizon thereunder, so as to establish units containing not more than 45
<br />~ia"c acres: provided, however, a unit may be established or an existing unit may be enlarged to contain not more than 640 acres plus 10% acreage tolerance, if
<br />-- -- '__' ,:>,,1)" as to gas or only as to gas and liquid hydrocarbons (condensate) which are not a liquid in the subsurface reservoir. If larger units are required uader
<br />~y governmental rule or order, for the drilling or operation of a well at a regular location, or for obtaining maximum allowable from any well to be drilled, drilling,
<br />or already drilled, any such unit may be established or enlarged to conform to the size required by such governmental order or rule. Lessee shall exel"C1 se said
<br />option as to each desired unit by executing an instrument identilying such unit and filing it for record in the public office in which the lease is recorded. :~ch of
<br />said options may be exercised by lessee from time to time, and whether belore or after production has been established either on said land or on the portiOD of said
<br />land included in the unit or on other land unitized therewith.
<br />
<br />(b) Any operations conducted on any part of such unitized land shall be considered, for all purposes, except the payment of royalt}', operations co:llducted
<br />under this lease. There shall be allocated to the land covered by this lease included in any such unit that proportion of the total production of unitized nainerals
<br />from wells in the unit, after deducting any used in lease or unit operations, which the number of surface acres in the land covered by this lease included in the
<br />unit bears to the total number of surface acres in the unit. The production so allocated shall be considered for all purposes, including the pa)'ment .or deli'.ery of
<br />royalty, overriding royalty, and any other payments out of production, to be the entire production of unitized minerals from the portion of said land 'Covered hereby
<br />and included in such unit In the same manner as though produced from said land under the terms of this lease. The owner of the reversionary estate of aay term
<br />royalty or mineral estate agrees that the accrual of royalties pursuant to this paragraph or of shut-in royalties from a well on the unit shall satisfy any linlitation
<br />of tenn requiring production of oil or gas.
<br />
<br />(c) The formation of such unit shall not have the effect of changing the ownership of any delay rental or shut.inlroduction royalty which may becon:.e pay.
<br />able under this lease. Neither shall it impair the right of lessee to release from this lease all or any portion of said Ian , except that lessee may not so rell:ase as
<br />to lands within a unit while there are operations thereon for unitized minerals unless all pooled leases are released as to lands 'within the unit.
<br />
<br />(d) Lessee may dissolve any unit established hereunder by filing for record in the public office where this lease is recorded a declaration to that effect, if at
<br />that time no operations are being conducted thereon for unitized minerals. Subject to the provisions of this paragraph 13. a unit once established hereunder shall
<br />remain in force. so long as any lease subject thereto shall remain in force.
<br />
<br />(e) A unit may be sO established, modified or dissolved during the life of this lease, but in no event later than twenty (20) years after the date hereof.
<br />
<br />'-
<br />
<br />...........
<br />
<br />-.
<br />
<br />-.. ,.
<br />
<br />~.
<br />
|