Postcards were received by many Brinker Landowners today with the following announcement:

Hilcorp Energy Company

18 S. Main St

Columbiana, OH 44408

Tuesday & Wednesday December 18th & 19th from 9am-9pm

Lease Amendment Signing for the Brinker Field Area 

HEC and WLS representatives will be available to answer questions 

& you will be able to sign the amendment at this venue.

If you are unable to attend this meeting.  Call to set up an appointment

Office (330) 892-0454

_______________________________________________________________________________________

The lease amendment generally augments the old "perpetual" leases that have a horrible flat rate royalty to now changing that royalty to include a market rate royalty of valuable consideration.  The following Subtitles are described in detail in the Amendment.

Royalty

Restriction of Production Surface activity

Location Approval

Location Fee

No Foreign Pipelines

No Compression on Leased Premises

Water (quality, testing , and replacement)

No Water Usage

No Disposal or Injection Wells

Hold Harmless Clause

Insurance

Livestock

Fence Producing Wells

Annual Payment in Lieu of free gas, if any

Compliance Clause

Agricultural Programs

Severance Taxes

Property Taxes

Timber

Seismic Studies

Most Favored Nations

---and many other provisions

If the amendment pertains to you it is important to understand the language contained in any document you sign.  I understand it is in the works for an experienced local attorney to conduct a public review of this amendment.  There will be more details to follow as soon as location approval has been finalized. 

In any case I hope you find it worth while to stop in the Hilcorp office to listen to what they have to say in order for you to gain understanding, perspective and get answers directly from Hilcorp.

__________________________________

THE AMENDMENT READING/REVIEW WILL BE CONDUCTED AT BEAVER LOCAL HIGH SCHOOL AUDITORIUM AT 6PM FRIDAY DECEMBER 14, 2012.  

THE INTENT IS NOT TO PROMOTE OR SPEAK POORLY OF THE AMENDMENT, RATHER IS MEANT TO GIVE A STRAIGHT FORWARD EXPLANATION.  ATTORNEY STUART STRASFELD OF ROTH BLAIR LAW FIRM  IS NOT GOING TO GIVE ADVISE ON EACH PERSONS PERSONAL SITUATION AT THIS EVENT.  THIS EVENT IS OPEN TO THE PUBLIC.

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Replies to This Discussion

It is also very wise to have your own attorney, with oil and gas law experience to evaluate the assignment for your specific concerns.  Hilcorp and Nisource are going to be looking out for their best interests.   Landowners should do likewise. 

THE AMENDMENT READING/REVIEW WILL BE CONDUCTED AT BEAVER LOCAL HIGH SCHOOL AUDITORIUM AT 6PM FRIDAY DECEMBER 14, 2012.  

THE INTENT IS NOT TO PROMOTE OR SPEAK POORLY OF THE AMENDMENT, RATHER IS MEANT TO GIVE A STRAIGHT FORWARD EXPLANATION.  ATTORNEY STUART STRASFELD OF ROTH BLAIR LAW FIRM  IS NOT GOING TO GIVE ADVISE ON EACH PERSONS PERSONAL SITUATION AT THIS EVENT.  THIS EVENT IS OPEN TO THE PUBLIC.

PLEASE ARRIVE EARLY AS IT WILL BEGIN ON TIME.  

What incentive is there to sign an amendment at this time?   Any property included in a unit will require an amendment for unitization purposes so isn't it intuitively obvious that they will be coming to the landowners as needed?  No reason to be in any hurry to sign your deep rights away forever.   I think it is very prudent to wait until there is certainty your land will be drilled before signing anything.   Once the amendment is signed there is no going back.  

Also can you please clarify Atty Strasfeld and your role in this amendment?  Who compensates the law firm for their time?   Are you compensated for yours?  People need to know the answers to those questions when evaluating the information being shared. 

  

My incetive for the amendment is to have an improved lease.  According to my old leases, the oil and gas are already tied up.   As for what Hilcorp needs and does not need, they will have to speak for themselves.  I cannot tell them what they need and don't need.  I do not know Hilcorp's criteria for building units.  I can tell you that after they came to Columbiana for their town hall meeting, they gave out cards for feedback. They mentioned they were going to start sending lease amendments the very next week.  Some property owners took their request for feedback seriously and gave it. Hilcorp listened to the feedback and collaborated the concerns with NiSource.  After a thorough review and lengthy approval process from NiSource most of the concerns were addressed in an improved amenment.  They may have also looked at the comment cards that people may have mailed in ahead of time, or after the town hall meeting. 

Mr. Strasfeld helped the property owners in their constructive feedback to to Hilcorp.  Although, Hilcorp may have found the feedback valuable, they did not provide compensation, nor was any requested for this task.  The property owners (including I) were not compensated.  Attorney Strasfeld is not charging for the amendment reading/review.  I do not think anyone is paying for Mr. Stasfeld's reading/review time, but maybe someone can ask him at the meeting.  Thank you for the inquiry.

Hilcorp and NiSource are unprofessional and I would recommend not signing anything with them. I have been waiting on my bonus payment from Hilcorp/ NiSource for 7 plus months now. I have received no correspondence from them and attempted to call them numerous times and email them. Whenever I do talk to someone on the phone I get a different answer on why the lease has not been paid. I leave messages with them and they don't return my phone calls. I was told last week they were going to call me on Monday and let me know the status of my payment, it’s now Thursday and about 15 calls and messages later I still have not received anything or the phone call back. I was part of a group signing and some people were paid, but most were not. This is unacceptable and unprofessional on their part, that’s my input and experience on HILCORP and NISOURCE.

Sorry to hear about this.  I know people who have signed with Hilcorp and have had a better experience.  Just curious...If you signed with Hilcorp, but are not in Brinker, why was NiSource a party to your lease?

Hilcorp was who I signed with and Western land services is the other party handling the leg work I guess.  NiSource wasn't part of the lease, except whenever I try to contact Hilcorp I sometimes get someone associated with NiSource.

.

I was unable to attend the 14Dec Hilcorp Amendment update meeting at Beaver Local School due to a previous engagement. Could anyone provide pertinent information or revelations expressed at this meeting.

Attorney Stuart Stasfeld just went through the amendment pretty straight up to tell people what some of the more complex language means.  

You can meet with Hilcorp on the 18th or 19th at the location above, and go over it with them.  If you were at the Main Street theatre presentation in September you will recognize some of the presenters.  I'm not sure how often they will have some of their top people in town to discuss things with, but I hear they will be there on the 18th/19th.  Wouldn't want to miss this opportunity.  

Hilcorp Listens:

landowners have provided their recent constructive criticism of Hilcorp’s Brinker lease amendment.  Should be an improvement of the amendment for their December 18 and 19, 9am to 9pm Lease amendment signing / open house.  Please note I am not an attorney.

  1. Landowners have been complaining the lease references “minerals” as being included in the offer. Hilcorp provided with feedback that this was not very popular language.  They indicated it will be taken out immediately.  Don’t just take my word for it.  If you go to their office for their open house signing tomorrow, and Wednesday, ask them to show you how this was changed.
  2. There was a take-back in the WATER clause, where water use consent is to “not be unreasonably withheld”.  Hilcorp has indicated they will remove that immediately.  Don’t just take my word for it.  Again review the document yourself, and as always employing your attorney to review can be beneficial.

Good Luck.

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