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HomeMy WebLinkAboutRES 15-282RESOLUTION NO. 15-282 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant a Pipeline License Agreement to Natgasoline, LLC, substantially in the form attached hereto as Exhibit "A," to install a thirty inch (30") raw water pipeline which will cross an existing twelve inch (12") water line within TxDOT's Spur 380 (Martin Luther King Jr. Parkway) right-of-way and an existing six inch (6") water line and a four inch (4') sewer force mail line within TxDOT's Highway 69 and Texas Highway 3457 right—of-way for the purpose of receiving water from the LNVA canal and transporting water to the new methanol plant facility. The pipeline is to be constructed in compliance with City requirements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of December, 2015. C6 Umo �I 2 CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Natgasoline LLC Business Phone: 409 723-1901 Business Address: P. O. Box 20339 Beaumont, Texas 77720 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein Five Hundred Dollars and No/Cents ( $500.00 ) Natgasoline LLC hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) MLK Jr. Pkwy aka Spur 380 - Tx DOT ROW +/- 150 ft. Highway 69/96/287 and Tx 347 W (Feeder Rd.) - Tx DOT ROW +/- 350 ft. 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 0 Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. 0 Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. 0 Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 Any Iicenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) • Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. 0 Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 31 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the j ob site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Natgasoline LLC P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: P. 0. Box 20339 Attn: City Manager City and State of Licensee: Beaumont, Texas 77720 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City CIerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS 0-0 ATTEST: City Clerk Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Natgasoline LLC Represented by: &/,a , 114 LV -L -,b4 Title ATTE �- By: Secretary , Kevin Struve \pipeIines\\pipeline_license_agree 9 Revised 12-14-2007 ___-.B^^-- A I I q 1 Martin Operating Partnership, L.P. I Martin Luther I ~ King, Jr. Parkway I I Route IY�I I I l d I I s U.S. HWY 88 I I rS I NstgatOCMe, LLC Ina, UMPHRIES SURVEY - ABSTRACT N0.32 JEFFERSON COUNTY, TEXAS 3�� n Wdar r4 Una \ q Se1Yer 4 �\ J bq. Line +\ fn Oro 01 `4AN VIEW E X H 1131T / OWNERSHIP ATE 600' 'Job No: 2016.022 Field Book: Dr. By: MAG Date: 11/10/2015 Rev. No: 2 - Revised 11-10.15 NOTICE, The andlnge and aolnkns of WORTECH Land euryeyoe, Inc. refhralad herelu en prlrluaad..1fldenlW and Intended unly k, me use of the 116W71ai end v kr wham this w"x wee prepmd, k Y ummlood that the vac of, nlenoo on, or reproduction of same. In whole or ar P.O. by alneN without the sspren wrluen conenl of WORTECH Lead 6unny"e, Inc. Is prohbllsd ono without wnrnly, express"Implled. WORTECH Land eu-yda, Inc. ehdl be nnk hemtbss eaelnet ny damages" expenses rnulana from such unaulMdsad use, relame ar mpraducuen. copyright2016. Al rlaWe mama. W,T,7/PRTECH F./eND SURVEYORS, INC. 1460 Corneratono Court Basumont, Texas 77706 Tel: 409.866.9769 Fax: 409,806,7075 www.worCach.com HWY 69 40 40 35 KCS Rallroad 35 30 M Feeder LK PorkWoY ` Dliah � Road 30 ', 25 — 26 20 20 16 ` 4 g provided by �— tVater Llne Ice eked ham draWin cated from Diteh! (Elov...6,9') 15 10 Burrow Global, Location and tle to Was net Globs lips ion and Burro 10 5 -verifledr - - 6 MIn. 5 0 6 o S g 8 8 8 Q0 5 8 0 $ c N M_ i Ng V W Qr N N N N Stationing based on 0+00 at Martin property line, Nam: PROFILE 1. Dau of Survey: August 18, 2016, HORIZONTAL SCALE 1"=300' VERTICAL SCALE 1'•30' 2. All beatings are based upon the Taxes Coordinate System of 1983 (NAD83), South Central Zone '4204' (US Survey fool). All distances and coordinates are grid, To obtain surface distances and coordinates, multiply by a combined adjustment factor of 1.00007. 3, Vertical control Is based upon the North American Vertical Datum of 1988 (NAVD'88) (Oeotd'09) and determined by GPS observations utilizing the National Geodetic Survey 'Guidelines for Estsbllahing GPS•dedved Ellipsoid Heights* NOAH Technical Memorandum NOS NGS -66 (5 cm standard). E X H 1131T / OWNERSHIP ATE 600' 'Job No: 2016.022 Field Book: Dr. By: MAG Date: 11/10/2015 Rev. No: 2 - Revised 11-10.15 NOTICE, The andlnge and aolnkns of WORTECH Land euryeyoe, Inc. refhralad herelu en prlrluaad..1fldenlW and Intended unly k, me use of the 116W71ai end v kr wham this w"x wee prepmd, k Y ummlood that the vac of, nlenoo on, or reproduction of same. In whole or ar P.O. by alneN without the sspren wrluen conenl of WORTECH Lead 6unny"e, Inc. Is prohbllsd ono without wnrnly, express"Implled. WORTECH Land eu-yda, Inc. ehdl be nnk hemtbss eaelnet ny damages" expenses rnulana from such unaulMdsad use, relame ar mpraducuen. copyright2016. Al rlaWe mama. W,T,7/PRTECH F./eND SURVEYORS, INC. 1460 Corneratono Court Basumont, Texas 77706 Tel: 409.866.9769 Fax: 409,806,7075 www.worCach.com THE STATE OF TEXAS CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT 0 COUNTY OF JEFFERSON § Business Name: Natgasoline LLC Business Phone: 601 723-1901 Business Address: P. O. Box 20339 Beaumont, Texas 77720 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein Five Hundred Dollars and No/Cents ( $500.00 Natgasoline LLC hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) MLK Jr. Pkwy aka Spur 380 - Tx DOT ROW +/- 150 ft. Highway 69/96/287 and Tx 347 W (Feeder Rd.) - Tx DOT ROW +/- 350 ft. 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constiucted in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. 0 Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. C! REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: a Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: WO Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 0 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the j ob site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng_able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont P.O. Box 3827 Beaumont, Texas 77704 Attn: City Manager Name. of Licensee Address of Licensee Natgasoline LLC P. O. Box 20339 City and State of Licensee: Beaumont, Texas 77720 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this IV day of OWernber A.D. 20 IS , CITY OF BEAUMONT, TEXAS By: L ( L Kyle Hayes, City Manager A ST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Natgasoline LLC Represented by: eef'rj� ,zq�7Wi2 4 d'V e — V(C4-C -fX4E5rp6-w1 Title ATTE T: By: - Secretary , Kevin Struve \pipelinesl\pipeline license_agree 9 Revised 12-14-2007 EX-H.i.B-LT--.W 's 1 Im�l Martin Operating Partnership, L.P. Martin Luther ~ z C oyy �ppp King, Jr. I U.S, HWY 80 II S I NalOesailne, I I 6,J I I Nat OWNERSHIP Parkway F LLC Y z LsCMe, I a I I IrL I PELHAM HUMPHRIES SURVEY ABSTRACTNO,32 SURVEY & ABSTRACT JEFFERSON COUNTY, TEXAS COUNTY&STATE Lti —a—s sewer a Line a— —s—s ae��n 14oter a- \•H b Sewer o `�•' Water f,c Jq Line Line �d V repose HDD Route /ANVI >: ,o 150, 300, 600' '4ff.VIEW 4 Scale: 1 "-300' HORIZONTAL SCALE 1"a100' HWY 69 40 351 30 LK Pb�N{4Hy b(IchL C R 145 I Feuer Ragd 130 Job No: 2018.022 25 _ I ( 25 I Field Book: 20 -.. 15 _ --' - I ! `,_ ! I -- Water LIna lar�dled (rom _1.._ . - _ I 1 ... I , Z0 dratPIna provifled bj SgWer Una belated �rom- Dltehi (Elev.$.9=). 15 Dr. By, MAG 10 Borrow Global.. Lace low of d 'de th qa rrot dlaWinq pravidad hy. Burrol4 10 N t w f Date: 11/10/2015 5 verl8edr p -I . _Glpbal: IaCetipn and de th' --- n. 5 0 i _ _. r I I Rev. No: 2. Revised 11.10 16 'So . O •F 0 O + p o o a o 0 0 O O O o O O o F o a o 0 0 p po 0 0 0 0 p p o o- o op_5 O o o O O p C.j p O O O O O O o Cl O O + 4 + F i + i� f� +O NOTIae, The Mdlnae and aphWne of WORTECH Lend Surveyor, W. M N O N M M rff ' O+ F + O ti W m O _ rV r mNcud herein ua pdvlupud, oanfldenlid and Inbrded ugly fur Ih. In. Individual It, N N Stationingbased 0+00 Martin fine, wo of u artily whom IIIk we* wee prepared, It b undoralood Ina( Ina uw of, regard. on, or on at property P P Y reproduction of game, In whole ar k Pon, by .hen wilhou Ina expr.0 wrhwn comenl of WORTECH Land aurveyoa, Inn. la NOTES: prohl6(led Ord without wananly, axpnee or Implied, WORTECH and Se -yard, Ina $Its be hak he mine against tiny PROFILE_ 1, Date of Survey. August 18, 2015. damages or expense. rasuhl"o from .arch un.ulhoddad uut, ralande orrapraducllon. Copyright 9010. AN right. r... rvad, HORIZONTAL SCALE ' VERTICAL SCALE 1'•3030' 2. All bearings are based upon the Taxes Coordinate System of 1083 (NA063), South Central Zone '4204' (US Survey loot). All distance@ RTECI� and coordinates are arld, To obtain surface distance@ and coordinates, f multiply by a combined ad(usimentfactor of1.00007, LAND SU1;LVZcY0PS. INC. 1 Venloal control Is based upon the North American Vertical Datum of 1480 Cornerstone Court 1968 (NAVD'86) (Oeold'09) and determined by GP8 observations utilizing the National Geodetic Survey "Guldellnes for Establishing Beaumont, nt, 77 08 7 Texas GP8-derived Ellipsoid Heights" NOAA Technlael Memorandum NOS Talt Fox; 400e6a777 7075 NG9.68 (6 cm standard). ,866,9769 www,wortach,com E X H 11317 `8' DATE (MWDDNYYY) ACORZY CERTIFICATE OF LIABILITY INSURANCE v 11/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS , AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Southwest, Inc. CONTACT Ms Helen J Ladner Houston TX Office, 5555 San Felipe, Suite 1500 PHONE FAx A/C, No, Ext : 832 476-6808 A/C, No : 800 953-4542 Houston, TX 77056 nO RIESS: helen.j.ladner@aon.com (832) 476-6000 Ms Helen J Ladner INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Liberty Mutual Insurance Company - Houston, TX INSURED Natgasoline, LLC Orascom E & C USA, Inc. INSURER B: INSURER C: 9 Greenway Plaza Ste 800 Houston, TX 77046 INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSR UBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 © DAMAGE TO RENTED PREMISES $ CLAIMS -MADE OCCUR (Ea. occurrence) 1,000,000 EN'L AGGREGATE LIMIT APPLIES PER: 62-691-463329-024 2/1/2014 12/1/2017 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 2,000,000 POLICY ❑ PROJECT ❑ LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4,000,000 OTHER AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED H HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DED RETENTION $ 4ANY WORKERS COMPENSATION X PER OTH- AND EMPLOYERS' LIABILITY STATUTE ER PROPRIETOR/PARTNER/EXECUTIV OFFICER/MEMBER EXCLUDED? 1 I ILJJ Nip (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule may be attached if more space is required) Certificate holder is named as additional insured and given 15 days notice of cancellation CERTIFICATE HOLDER CANCELLATION City of Beaumont SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn: City Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O. Box 3827 ACCORDANCE WITH THE POLICY PROVISIONS. eaumont, TX 77704 AUTHORIZED REPRESENTATIVE AON RISK SERVICES SOUTHWEST. INC. © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD