As you know, Neighborhood Group Negotiation Committee has been in talks with Paloma Resources and our committee of leaders has finally reached agreement with them.
At last, the time has come for what we have all been waiting for…the signing of our leases!!
Last night a group-wide email was sent to all the members of Neighborhood Group. Attached with this email were sample documents provided by Paloma that you will find in the full lease package. Your personalized full gas lease packet will be handed to you at the time you show up for the signing. The signing dates and times for Neighborhood Group have been set up and special instructions will be sent in an post following this one.
When you receive your packet some of the documents will be standard forms but some will be personalized with your information. Please read documents carefully. The lease which will be offered to you by Paloma Resources should be an exact match of those copies you received as attachments in the email earlier tonight, with the only differences being a) that your names will be filled in and your property will be identified in a Schedule or Addendum to the lease that you actually sign and b) The lessee will be Paloma Barnett, LLC, not GMB Professional Land Services. Here are the highlights:
- Signing bonus of $16,850 per acre.
- The bonus and royalties will be calculated based on your lot size, which will include acreage to the center of all abutting public streets and easements.
- The royalty is 25%.
- The term is 3 years with a 2 year option (if a well isn’t drilled within the 3 years, they can extend it by two years by paying you the same bonus again).
- There are no surface rights in the lease and a well cannot be drilled within 600 feet of any residence within our subdivision (this is a stronger position than the city ordinance).
- The lease contains a lengthy environmental compliance clause.
- Paloma Resources will not seek subordination agreements (obtained from your lender) for any homes unless they are directly above a well-bore (there are no current plans for any well-bores under our neighborhoods – we’re too far away).
- We, as homeowners, are providing no warranty guaranty of title
Your negotiation team was made up of your neighbors and others. We must explain that none of the people who drafted this lease are providing any legal advice or representation in their capacity as attorneys (including Bob Haelle, Randy Stroud, Ron Gonzales or any attorneys that have assisted us in this lease agreement.) This has truly been a situation of “neighbors helping neighbors” with no attorney/client relationships having been formed”. If you want the advice of an attorney, you are going to have to hire your own. We also want to remind you of the principle we have followed since day one…no one is being forced to sign a lease. Just because you agreed to be a Neighborhood Group member does not mean that you have to sign this lease or any other lease. The decision to sign is completely up to you. All we have done, by coming together, is allow the neighbors who do desire to lease their minerals to obtain an extremely competitive offer.
Whether you sign with Paloma Resources, or someone else, your lease can be traded, sold, or assigned to another company. One good thing about the Paloma Resources lease is it contains a very straight forward 600 foot restriction which is much stronger than the 600 foot “loophole” restriction in the current city ordinance. If you sign with Paloma Resources and the lease ends up being sold or traded to another drilling company, they will have to abide by all terms of the lease, including the 600 foot restriction and the environmental compliance clause.
If you have already signed a lease, the Paloma Resource offer is simply not an option for you.
Lastly, the leaders of Neighborhood Group are obligated to promote and endorse the agreement we reached with Paloma Resources, and that is exactly what we are doing. We are proud of our efforts and believe they have allowed each of us to obtain an offer much better than anything any one of us could have achieved on our own.
If you need to make special arrangements for signing your lease contract, at the very bottom of this email are phone numbers you can call.
Thank each and every one of you for your patience and steadfastness.
Filed under: 1 | 4 Comments »