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CAUSEiN0.352 ------
246639 10
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ATES HOMEOW$RS' § IN THE DISTRICT COURT OF
,INC., § !
§
§
v. § TARRANT fOUNTY, TEXAS
§
§
EXPLORATION, LLCinnd § I
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§ _TH JUDfiAL DISTRICT
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PLAINTIF*S ORIGINAL PETITION i
Creek Estates Ho~owners' Association, Inc. ("qeer Creek'') complaining
EXPLORATION, 4c and PFM, LLC and for ca+e of action would show
as follows: I
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1.0 I
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1.01 intends to conduct discpvery in this case as a Level 3 case pursuant to Rule
the Texas Rules of Civil! Procedure.
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2.0
2.01 proper in as the amount m coltroversy is within the
limits of this Court.
2.02 proper in this County :pursuant to Section 15.001 eti seq. of the Te~s Civil G--
::t. ~~ \__
........ .,,........... and
Remedies Code as I the acts and/or omissions o~1rr~ in :;, .!
<;rr c ..
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3.()1 Non Prort&iorg'dfati~
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PAGE 1
3.02 Chesapeake Exploraltion, LLC ("Chesapeake") is an Oklahoma Limited
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Company registered to! do business in the State of that can be served
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agent for service of process, CT Corporation at 350 North St. Paul
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as, TX 75201. I
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3.03 PFM, LLC ("PFM") i$
L.l ...... ..., . . . . . . . . . . . a Texas Limited Liability Co1:hmU1 that can be served
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agent for service of tocess, Robert Portmm1, 5959 West Loop South, Suite
TX 77401. I
4.0 i
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4.01 is the owner of thef mineral estate in and under 35.704 acres of real
which comprises the cbmmon areas within the d"''""' 1''''"""'"'·nf
known as Deer
, an addition to the: City of Crowley, Tarrant , Texa$, according to
Dedication recorded! .in Cabinet A, Slide 2217 of Plat Records, Tarrant
("the Property").
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4.02 arises as a result ~f Defendant Chesapeake's PFM's deceptive and
acts and breach :of a contractual agreement Deer Creek
n ...... ,.,.,,.,.., and
4.03 overlays the geographic strata known as the East Field, commonly
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as the Barnett ste, a known and reco formation which is
~s
,........,..."'"'"' by prolific naturalproduction.
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4.04 E>"'""'llo in or about early 2007~ Deer Creek began receiving icited .offers to lease
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for the
u¥,,......,,¥ • ., production lof oil, gas and other
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persons
PLAINTIFF'S PETITION PAGE2
4.05 ek, on behalf of itself a¥I
its members, undertook nego iations with Chesapeake
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ize the recovery of De~ Creek and the members' mi*erals from the Property.
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Chesap e represented that it rvas the most knowledgeable, Iskilled aQ.d experienced
entity, · 1d that it had the neces,ary financial means to maximie Deer Creek's and the
membe s recovery of their mi~eral interests. On or about September 29, 2008, Deer
Creek · d Chesapeake agreed t9 the terms ~:md conditions of allease covering all lands
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within e Deer Creek Estat~s Addition, including the operty, and signed a
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ental Agreement Regar~ng Gas Lease ("the Agreeme t"), a copy of which is
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hereto as Exhibit "A" ~d incorporated herein for all purposes as if set forth
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4.06 :e:: v :t::·the Agreemen~ ¢hesapeake agreed to lease alllof the unleased mineral
interest wners within the Deer 1Creek
:
Estates Development, a~d
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agreed that the offer
would" emain open for accepta$<:e and signature by lessors ft a period not to exceed
sixty (6 ) days from the date Pf the offer." Chesapeake corirmed and ratified its
contract al obligation to lease D~r Creek and its members' mi eral interests in e-mails
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ard of Managers of Dee~ Creek after September 29, 200 .
4.08 e intended to and did i make the otier to lease to all unleased owners of the
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states lying in and under lands within the geographic b undaries of Deer Creek
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Estates ddition upon terms and fonditions which were clear an
4.09 ke communicated the t+us and conditions of the offe and agreement to PFM,
ed PFM to provide nectssary land services on its beha f. Chesapeake and PFM
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utilized arious methods to comrpunicate the essential terms anf conditions of the otier
PLAINTIFF'S 0 IGINAL PETITION PAGE3
to all th unleased mineral intere~t owners within the geographi boundaries of the Deer
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Creek E ates Addition. !
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4.10 Deer Cr ek accepted Chesapeak,~ s offer to lease by following specific instructions to
not leas their mineral interests t~ other competing gas compani s,and waiting patiently
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for their opportunity to attend a !signing event where the agre d upon lease would be
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by Deer Creek and Chtsapeake and/or PFM a would pay the agreed signing
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bonus. I
4.11 Deer Cr ek initiated performan~ of their contractual obligafions by not accepting
competi bids from other compe~tors of Chesapeake and by wa~ting in accordance with
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ns from Chesapeake to atf:end a signing event. I
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4.12 e clear and unambifous terms and conditions A$reement and
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Chesape ke's subsequent confirtl]Ultion and ratification of the greement, Chesapeake
and PF breached the terms and ~onditions of the Agreement b failing and refusing to
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lease De r Creek and its memberf properties on the agreed upo terms and conditions.
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Instead, nor about October 16, ~008, Chesapeake notified Deer Creek and its members
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that it w uld no longer accept an~ leases. As a result, Deer Cree and itsmembers have
now lost the opportunity to lease !their mineral interests to othe persons and/or entities
e market has changed ~atically due, at least in pa , to conduct which the
Deer Cr k believe constitutes a follusive agreement with other within the industry to
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n bonus payments. i
4.13 Deer Cr k followed all instructi~ns provided by Chesapeake +d PFM, in good faith
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based up n the representations m~e by Chesapeake and/or PFM jthat Chesapeake would
ineral interests of Deer freek and its members and thaj they would receive the
PAGE4
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agreed pon bonuses. Deer ctek and its members reasor ably relied upon such
represen at ions and did not accfvt other offers from other c Jmpanies •to lease their
mineral interests m reliance ~pon Chesapeake's and PPM's representations that
Chesape ke had agreed to lease ~eir Property. 1
5.0 FIRST 4 AUSE OF ACTION- Jreach of Contract and Suecillc Performance
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5.01 Deer Cr ek incorporates Paragrrhs 4.01 through 4.13 as if set forth herein again
verbatim I
5.02 Deer Cre ~k entered into a contrac pal agreement for the lease of i s mineral estates for the
developr ent of oil, gas and otl~er minerals with Chesapeake. Deer Creek accepted
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Chesape rtte as Te~as law holds
that the e ecution of an oil and l;as lease effectuates a sale o· the minerals with a
potential ight of reverter. Deer Creek
1 has not received the promised bonus, and
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according ~.has been damaged in~ amount of the bonus owed.
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9.03 Deer Cree here and now sues forirecovery of all actual, conseqtential, exemplary and
other dam ges permitted for fraud lm connection with the sale of real estate pursuant to
the laws c the State of Texas incltding, but not limited to, Sectitn 27.01 et seq. of the
Texas Bus ness and Commerce Co4e.
10.0 ATTORl' EYS' FEES i
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10.01 Deer Cree is entitled to recovery i of attomeys 1
fees under the c~mmon law as well as
pursuant t Section 38.001 et seq. iof the Texas Civil Practice anr Remedies Code and
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according o Section 27.01 et seq. or the Texas Business and Comn erce Code.
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10.02 Deer Cree has agreed to pay the ~dersigned counsel a fair and reasonable fee for the
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services n pdered in connection wifh the preparation, prosecution, and, if necessary, the
!
appeal of this case. Deer Creek $eeks recovery of attorneys 1
f< es in addition to the
!
damages s t forth herein.
11.0 REOUES ., I~'OR JURY TRIAL i
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11.01 Pursuant t) Rule 216 of the TexasiRules of Civil Procedure, Dee Creek here and now
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request a j ~ry trial and tenders the required jury fee with the filing of Plaintiff's Original
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Petition.
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12.0 REOUES r.s FOR DISCLOSURE
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PLAINTIFF'S ORI [JINAL PETITION I
PAGE9
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12.01
Texas R es of Civil Procedure f{ule 194.2 (a) through (l) i1 accordance with the
applicabl Texas Rules of Civil PrJcedure.
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13.0 PRAYE !
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13.01 RE, PREMISES CON~Jl)ERED, Deer Creek prays:
13.01.1 That Def dants Chesapeake and ~M be ordered to specifically erform in accordance
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with the t rms set forth above an4)ease Deer Creek's mineral e tates upoo the agreed
terms and conditions and issue bo s checks to Deer Creek in th full amount owed for
the bonu · payments of Twenty ~ven Thousand Two Hundre and no/100 Dollars
($27,200. 0) per net mineral acr ' together with interest there n at the highest rate
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permitted; I,
13.01.2 That Deer Creek be awarded attom~ys' fees in accordance with th4 common law, Section
27.01 et s q. of the Texas Businessllllld Commerce Code and/or Stion 38.001 et seq. of
the Texas ivil Practice and Reme~iles Code; I
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13.01.3 That the ourt award punitive/ex9Jm.plary damages to Deer Cret in an amount to be
determine by the jury; I·
13.01.4 That Deer Creek recover costs of turt,
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interest on all damages a permitted by law and
for such er and further relief, brth general and special, at law or in equity to which
Deer Cree may show themselves t' be entitled. I .
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Respectfully submittef,
PETROirF & ASSO IATES
Kip Petroff
State Bar No. 158518 0
PLAINTIFF'S ORI INAL PETITION PAGE 10
Carlos A. Fernandez
State Bar No. 240365 5
3838 Oak Lawn Avenue
Suite 1124
Dallas, Texas 75219
Telephone: (214) 526
f5300
Facsimile: (214) 526- 354
Dean A. Riddle
State Bar No. 168889 0
Christopher A. Payne
State Bar No. 156515 0
Caroline A. McClimo
State Bar No. 240677 2
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3710 Rawlins Street
Suite 1400- Regency Plaza
Dallas, Texas 75219
Telephone: (214) 760 6766
Facsimile: (214) 760- 765
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MATHIS & DON ISER, P.C.
Randal Mathis
State Bar No. 131943 0
Mark Donheiser
State Bar No. 059748 0
2575 Trammell Crow ~Center
2001 Ross A venue
Dallas, Texas 75201
1
Telephone: (214) 303 1919
Facsimile: (214) 303- 399
PLAINTIFF'S OR INAL PETITION PAGE 11
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DRAFT 911912008~RG
~UPPLEME
1
AL AGREEMENT
REGARD' G GAS LEASE
As part of the oil an gas lease negotiations b een the residents of Deer Cre k Estates in Crowley,
Texas ("Residents") acting through its Oil Gas Lease Committee ("Le e Commi1ttee"), and
Chesapeake Explorat n, L.L.C. ("CHK"), the p ' ies agree to the following:
I. CHK agrees o extend to· allresidenti ' ·: property
owners as of Septemb r _, 20~8, in Deer
Creek Estates as sho non the attached map, w ll' own their minerals and have no signed an1oil and gas
lease that is still in efct, an offer to sign a gas I se on terms stated below and on e lease form attached
to this Agreement, t remain open for acceptan ' and signature by lessors for ap riod not tQ exceed 60
days from the date of he offer.
2. The signing onus will be $27,200 per ,' t mineral acre, androyalty will e25.25%, for a three:-
year Primary Term, ith no renewal option. ~ amount of the signing bonus wi 1 be paid tq, lessors by
30-day bank draft del ered at the time of the I signing.
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3. The initial si ning bonus and the royalty:' ill be based on lot sizes calculat d to the middle of the
contiguous roadway alleys, easements, and r hts-of-ways, subject to proof o ownership, with the
calculations made u ng a mutually agreeable ethodology for the area of th platted lots and any
unplatted tracts and r the dimensions of the . tiguous roadways, alleys, easem ts, and rights-of-way
that will be allocated roportionately to the adjoi ''ng lots and tracts.
4. CHK will c nduct the lease signin '!tatthe Deer Creek Estates Ho eowner Association
Clubhouse. CHK wil use reasonable efforts to solve availability conflicts or arr nge to do $ignings by
mail with lessors tha are not able to attend a le e signing event. CHK may also go to each household
with a scheduled app intment.
5. CHK shall n tify the Lease Committee J any lot or parcel within Deer reek Estates which is
determined by title cl cks by CHK to not own 1 inerals below such lot or parcel r has othert issues that
prevent the signing o a valid lease on the lot or arcel) so that the Lease Committ e may take any action
that it deems approp te with regard to the own , of such lot or parcel.
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6. The parties a ree to cooperate as reason~ly required to implement the te softhis A@;l"eement.
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I DEER CREEK ESTATES RESIDENTS OIL &
I GAS LEASE COMMITI E
:
A_..,.__ . . ,. ,.,. . .
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ATTACHMENTS: Map of Deer Creek Est_jts area
Lease fonn to be used ;;: Deer Creek Estates residential to owners
r:\Stor\RGW\DecrCreek\Supcmenta1Agreement.I9Scpt2008.doc EXHIBIT
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_ _ _ _ _ _ _ _ _ _____L_ _ __ . __ _ _ _ _ _ _ _ ___.
RIDDLE & WILLIAMS, P.C.I
ATTORNEYS & COUNSELORS
DEAN A. RIDDLE* 3710 RAWLINS STREET JULIE L. DUPONT
LANCE E. WILLIAMS SUITE I~- REGENCY PLAZA CAROLINE A. McCLIMON
DAVID A. SURRATT DALLAS, TEXAS 75219 KENTON S. BRICE
CLAYTON R. HEARN**t TELEPHONE (214) 760-6766 SHAWNA D. DALRYMPLE***
CHAD E. ROBINSON FACSII'diLE (214) 760-6765
OfCoun.~el
* also admitted in NC & GA CHRISTOPHER A. PAYNE t t
"" also admitted in MN BETH S. JANICEK t t
**"also admitted in TN & MS tt Board Certi!ied
t Board Certified Personal Injury Trial Law
Labor & Employment Law Texas Board of Legal Specialization
Texas Board of Legal Specialilation
July 12, 2010
352 246639 10
Tarrant County istrict Clerk
Tarrant County J stice Center
401 West Belkn
Fort Worth, Tex 76196
Re: D er Creek Estates Homeowners' Association, Inc. v. Chesapeake Exploration,
L C, and PFM, LLC
Dear Clerk:
Enclosed or filing is Plaintiffs' Original Petition along with our pheck in the amount of
$295.00 for the f ing fee, issuance of citations and jury fee. ·
If you ha e any questions, please do not hesitate to contact us.
Yours truly,
Caroline A. McClimon
CAM:jcf
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SAN ANTONIO OFFICE
100 Sandau I Suite 101/ San Antonio, Texas 78216
Telephone: (210) 3664949/ Facsimile (210) 979-6804/ Toll Free: (877) 315-2[59
. ridtleandwl/llams.com
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I I e CAUSEiN0.352 ------ 246639 10 i ATES HOMEOW$RS' § IN THE DISTRICT COURT OF ,INC., § ! § § v. § TARRANT fOUNTY, TEXAS § § EXPLORATION, LLCinnd § I § I § _TH JUDfiAL DISTRICT I ' I PLAINTIF*S ORIGINAL PETITION i Creek Estates Ho~owners' Association, Inc. ("qeer Creek'') complaining EXPLORATION, 4c and PFM, LLC and for ca+e of action would show as follows: I I 1.0 I I I I' 1.01 intends to conduct discpvery in this case as a Level 3 case pursuant to Rule the Texas Rules of Civil! Procedure. i i 2.0 2.01 proper in as the amount m coltroversy is within the limits of this Court. 2.02 proper in this County :pursuant to Section 15.001 eti seq. of the Te~s Civil G-- ::t. ~~ \__ ........ .,,........... and Remedies Code as I the acts and/or omissions o~1rr~ in :;, .! <;rr c .. . - i l::.. (~'::;:··:·? I 2'2(/) r ., (") -....... ' .... -~ "--~ l> ""'-! 1'\) •. j;_ '.: ("). '""-1('• 3.0 r- ..,.,.. ITt ~ -o .:l: t:J P'! C;) ~-~ :n_ ,.::._1...1 3.()1 Non Prort&iorg'dfati~ ,....,... "v ~ :f,' N ""'< PAGE 1 3.02 Chesapeake Exploraltion, LLC ("Chesapeake") is an Oklahoma Limited ' Company registered to! do business in the State of that can be served I agent for service of process, CT Corporation at 350 North St. Paul i as, TX 75201. I i 3.03 PFM, LLC ("PFM") i$ L.l ...... ..., . . . . . . . . . . . a Texas Limited Liability Co1:hmU1 that can be served I agent for service of tocess, Robert Portmm1, 5959 West Loop South, Suite TX 77401. I 4.0 i II 4.01 is the owner of thef mineral estate in and under 35.704 acres of real which comprises the cbmmon areas within the d"''""' 1''''"""'"'·nf known as Deer , an addition to the: City of Crowley, Tarrant , Texa$, according to Dedication recorded! .in Cabinet A, Slide 2217 of Plat Records, Tarrant ("the Property"). ' I' 4.02 arises as a result ~f Defendant Chesapeake's PFM's deceptive and acts and breach :of a contractual agreement Deer Creek n ...... ,.,.,,.,.., and 4.03 overlays the geographic strata known as the East Field, commonly I as the Barnett ste, a known and reco formation which is ~s ,........,..."'"'"' by prolific naturalproduction. I I 4.04 E>"'""'llo in or about early 2007~ Deer Creek began receiving icited .offers to lease I for the u¥,,......,,¥ • ., production lof oil, gas and other I persons PLAINTIFF'S PETITION PAGE2 4.05 ek, on behalf of itself a¥I its members, undertook nego iations with Chesapeake I ize the recovery of De~ Creek and the members' mi*erals from the Property. I I i i Chesap e represented that it rvas the most knowledgeable, Iskilled aQ.d experienced entity, · 1d that it had the neces,ary financial means to maximie Deer Creek's and the membe s recovery of their mi~eral interests. On or about September 29, 2008, Deer Creek · d Chesapeake agreed t9 the terms ~:md conditions of allease covering all lands 1 I within e Deer Creek Estat~s Addition, including the operty, and signed a I ental Agreement Regar~ng Gas Lease ("the Agreeme t"), a copy of which is ! hereto as Exhibit "A" ~d incorporated herein for all purposes as if set forth I 4.06 :e:: v :t::·the Agreemen~ ¢hesapeake agreed to lease alllof the unleased mineral interest wners within the Deer 1Creek : Estates Development, a~d I agreed that the offer would" emain open for accepta$<:e and signature by lessors ft a period not to exceed sixty (6 ) days from the date Pf the offer." Chesapeake corirmed and ratified its contract al obligation to lease D~r Creek and its members' mi eral interests in e-mails I ard of Managers of Dee~ Creek after September 29, 200 . 4.08 e intended to and did i make the otier to lease to all unleased owners of the I I I states lying in and under lands within the geographic b undaries of Deer Creek I Estates ddition upon terms and fonditions which were clear an 4.09 ke communicated the t+us and conditions of the offe and agreement to PFM, ed PFM to provide nectssary land services on its beha f. Chesapeake and PFM I utilized arious methods to comrpunicate the essential terms anf conditions of the otier PLAINTIFF'S 0 IGINAL PETITION PAGE3 to all th unleased mineral intere~t owners within the geographi boundaries of the Deer I Creek E ates Addition. ! i I 4.10 Deer Cr ek accepted Chesapeak,~ s offer to lease by following specific instructions to not leas their mineral interests t~ other competing gas compani s,and waiting patiently i I for their opportunity to attend a !signing event where the agre d upon lease would be i ' by Deer Creek and Chtsapeake and/or PFM a would pay the agreed signing I bonus. I 4.11 Deer Cr ek initiated performan~ of their contractual obligafions by not accepting competi bids from other compe~tors of Chesapeake and by wa~ting in accordance with ' I I I ns from Chesapeake to atf:end a signing event. I i 4.12 e clear and unambifous terms and conditions A$reement and I Chesape ke's subsequent confirtl]Ultion and ratification of the greement, Chesapeake and PF breached the terms and ~onditions of the Agreement b failing and refusing to I i lease De r Creek and its memberf properties on the agreed upo terms and conditions. I Instead, nor about October 16, ~008, Chesapeake notified Deer Creek and its members I I i that it w uld no longer accept an~ leases. As a result, Deer Cree and itsmembers have now lost the opportunity to lease !their mineral interests to othe persons and/or entities e market has changed ~atically due, at least in pa , to conduct which the Deer Cr k believe constitutes a follusive agreement with other within the industry to I n bonus payments. i 4.13 Deer Cr k followed all instructi~ns provided by Chesapeake +d PFM, in good faith I , based up n the representations m~e by Chesapeake and/or PFM jthat Chesapeake would ineral interests of Deer freek and its members and thaj they would receive the PAGE4 i I' li II agreed pon bonuses. Deer ctek and its members reasor ably relied upon such represen at ions and did not accfvt other offers from other c Jmpanies •to lease their mineral interests m reliance ~pon Chesapeake's and PPM's representations that Chesape ke had agreed to lease ~eir Property. 1 5.0 FIRST 4 AUSE OF ACTION- Jreach of Contract and Suecillc Performance r i 5.01 Deer Cr ek incorporates Paragrrhs 4.01 through 4.13 as if set forth herein again verbatim I 5.02 Deer Cre ~k entered into a contrac pal agreement for the lease of i s mineral estates for the developr ent of oil, gas and otl~er minerals with Chesapeake. Deer Creek accepted i Chesape rtte as Te~as law holds that the e ecution of an oil and l;as lease effectuates a sale o· the minerals with a potential ight of reverter. Deer Creek 1 has not received the promised bonus, and I according ~.has been damaged in~ amount of the bonus owed. I I 9.03 Deer Cree here and now sues forirecovery of all actual, conseqtential, exemplary and other dam ges permitted for fraud lm connection with the sale of real estate pursuant to the laws c the State of Texas incltding, but not limited to, Sectitn 27.01 et seq. of the Texas Bus ness and Commerce Co4e. 10.0 ATTORl' EYS' FEES i ' I 10.01 Deer Cree is entitled to recovery i of attomeys 1 fees under the c~mmon law as well as pursuant t Section 38.001 et seq. iof the Texas Civil Practice anr Remedies Code and I according o Section 27.01 et seq. or the Texas Business and Comn erce Code. I 10.02 Deer Cree has agreed to pay the ~dersigned counsel a fair and reasonable fee for the I services n pdered in connection wifh the preparation, prosecution, and, if necessary, the ! appeal of this case. Deer Creek $eeks recovery of attorneys 1 f< es in addition to the ! damages s t forth herein. 11.0 REOUES ., I~'OR JURY TRIAL i I 11.01 Pursuant t) Rule 216 of the TexasiRules of Civil Procedure, Dee Creek here and now I request a j ~ry trial and tenders the required jury fee with the filing of Plaintiff's Original I I Petition. I 12.0 REOUES r.s FOR DISCLOSURE l PLAINTIFF'S ORI [JINAL PETITION I PAGE9 I • !I • 12.01 Texas R es of Civil Procedure f{ule 194.2 (a) through (l) i1 accordance with the applicabl Texas Rules of Civil PrJcedure. I I I 13.0 PRAYE ! I 13.01 RE, PREMISES CON~Jl)ERED, Deer Creek prays: 13.01.1 That Def dants Chesapeake and ~M be ordered to specifically erform in accordance I with the t rms set forth above an4)ease Deer Creek's mineral e tates upoo the agreed terms and conditions and issue bo s checks to Deer Creek in th full amount owed for the bonu · payments of Twenty ~ven Thousand Two Hundre and no/100 Dollars ($27,200. 0) per net mineral acr ' together with interest there n at the highest rate I· i permitted; I, 13.01.2 That Deer Creek be awarded attom~ys' fees in accordance with th4 common law, Section 27.01 et s q. of the Texas Businessllllld Commerce Code and/or Stion 38.001 et seq. of the Texas ivil Practice and Reme~iles Code; I I I 13.01.3 That the ourt award punitive/ex9Jm.plary damages to Deer Cret in an amount to be determine by the jury; I· 13.01.4 That Deer Creek recover costs of turt, I. interest on all damages a permitted by law and for such er and further relief, brth general and special, at law or in equity to which Deer Cree may show themselves t' be entitled. I . ! I Respectfully submittef, PETROirF & ASSO IATES Kip Petroff State Bar No. 158518 0 PLAINTIFF'S ORI INAL PETITION PAGE 10 Carlos A. Fernandez State Bar No. 240365 5 3838 Oak Lawn Avenue Suite 1124 Dallas, Texas 75219 Telephone: (214) 526 f5300 Facsimile: (214) 526- 354 Dean A. Riddle State Bar No. 168889 0 Christopher A. Payne State Bar No. 156515 0 Caroline A. McClimo State Bar No. 240677 2 I 3710 Rawlins Street Suite 1400- Regency Plaza Dallas, Texas 75219 Telephone: (214) 760 6766 Facsimile: (214) 760- 765 I I MATHIS & DON ISER, P.C. Randal Mathis State Bar No. 131943 0 Mark Donheiser State Bar No. 059748 0 2575 Trammell Crow ~Center 2001 Ross A venue Dallas, Texas 75201 1 Telephone: (214) 303 1919 Facsimile: (214) 303- 399 PLAINTIFF'S OR INAL PETITION PAGE 11 ,, II ... .1 DRAFT 911912008~RG ~UPPLEME 1 AL AGREEMENT REGARD' G GAS LEASE As part of the oil an gas lease negotiations b een the residents of Deer Cre k Estates in Crowley, Texas ("Residents") acting through its Oil Gas Lease Committee ("Le e Commi1ttee"), and Chesapeake Explorat n, L.L.C. ("CHK"), the p ' ies agree to the following: I. CHK agrees o extend to· allresidenti ' ·: property owners as of Septemb r _, 20~8, in Deer Creek Estates as sho non the attached map, w ll' own their minerals and have no signed an1oil and gas lease that is still in efct, an offer to sign a gas I se on terms stated below and on e lease form attached to this Agreement, t remain open for acceptan ' and signature by lessors for ap riod not tQ exceed 60 days from the date of he offer. 2. The signing onus will be $27,200 per ,' t mineral acre, androyalty will e25.25%, for a three:- year Primary Term, ith no renewal option. ~ amount of the signing bonus wi 1 be paid tq, lessors by 30-day bank draft del ered at the time of the I signing. .I' 3. The initial si ning bonus and the royalty:' ill be based on lot sizes calculat d to the middle of the contiguous roadway alleys, easements, and r hts-of-ways, subject to proof o ownership, with the calculations made u ng a mutually agreeable ethodology for the area of th platted lots and any unplatted tracts and r the dimensions of the . tiguous roadways, alleys, easem ts, and rights-of-way that will be allocated roportionately to the adjoi ''ng lots and tracts. 4. CHK will c nduct the lease signin '!tatthe Deer Creek Estates Ho eowner Association Clubhouse. CHK wil use reasonable efforts to solve availability conflicts or arr nge to do $ignings by mail with lessors tha are not able to attend a le e signing event. CHK may also go to each household with a scheduled app intment. 5. CHK shall n tify the Lease Committee J any lot or parcel within Deer reek Estates which is determined by title cl cks by CHK to not own 1 inerals below such lot or parcel r has othert issues that prevent the signing o a valid lease on the lot or arcel) so that the Lease Committ e may take any action that it deems approp te with regard to the own , of such lot or parcel. ! 1 6. The parties a ree to cooperate as reason~ly required to implement the te softhis A@;l"eement. I I I DEER CREEK ESTATES RESIDENTS OIL & I GAS LEASE COMMITI E : A_..,.__ . . ,. ,.,. . . i I i i i I ATTACHMENTS: Map of Deer Creek Est_jts area Lease fonn to be used ;;: Deer Creek Estates residential to owners r:\Stor\RGW\DecrCreek\Supcmenta1Agreement.I9Scpt2008.doc EXHIBIT i 1 I A I ·------·-·- _ _ _ _ _ _ _ _ _ _____L_ _ __ . __ _ _ _ _ _ _ _ ___. RIDDLE & WILLIAMS, P.C.I ATTORNEYS & COUNSELORS DEAN A. RIDDLE* 3710 RAWLINS STREET JULIE L. DUPONT LANCE E. WILLIAMS SUITE I~- REGENCY PLAZA CAROLINE A. McCLIMON DAVID A. SURRATT DALLAS, TEXAS 75219 KENTON S. BRICE CLAYTON R. HEARN**t TELEPHONE (214) 760-6766 SHAWNA D. DALRYMPLE*** CHAD E. ROBINSON FACSII'diLE (214) 760-6765 OfCoun.~el * also admitted in NC & GA CHRISTOPHER A. PAYNE t t "" also admitted in MN BETH S. JANICEK t t **"also admitted in TN & MS tt Board Certi!ied t Board Certified Personal Injury Trial Law Labor & Employment Law Texas Board of Legal Specialization Texas Board of Legal Specialilation July 12, 2010 352 246639 10 Tarrant County istrict Clerk Tarrant County J stice Center 401 West Belkn Fort Worth, Tex 76196 Re: D er Creek Estates Homeowners' Association, Inc. v. Chesapeake Exploration, L C, and PFM, LLC Dear Clerk: Enclosed or filing is Plaintiffs' Original Petition along with our pheck in the amount of $295.00 for the f ing fee, issuance of citations and jury fee. · If you ha e any questions, please do not hesitate to contact us. Yours truly, Caroline A. McClimon CAM:jcf -~··-j ::c f .....,~, c.:..~ Enclosures 0 o-..,. ::;;:-t <:::::;; to.!!!> (";i -=~ (._ :::::~ ~)> c- .:o ~en :r~.• "'"'"t'J ("") ;r: ..... --i:t> C") • N .-~r-· C") fi'l r- ....:-·-o oo m......::;:X ::o- ":':"~ c: ~.!' ~-·0 m f\.) ·-i -·· ·-. N SAN ANTONIO OFFICE 100 Sandau I Suite 101/ San Antonio, Texas 78216 Telephone: (210) 3664949/ Facsimile (210) 979-6804/ Toll Free: (877) 315-2[59 . ridtleandwl/llams.com