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HomeMy WebLinkAboutRES 21-004RESOLUTION NO. 21-004 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Utility Crossing Agreement with ExxonMobil Oil Corporation and Mobil Pipe Line Company, substantially in the form attached hereto as Exhibit "A," to install two (2) pipelines. The first pipeline is a ten inch (10") pipeline which will cross City infrastructures outside the city limits of Beaumont and the second pipeline is a twelve inch (12") pipeline which will cross City infrastructures outside the city limits of Beaumont. The two pipelines will transport liquid hydrocarbons. Said pipelines are to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of January, 2021. / • - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § ExxonMobil Oil Corporation & Business Name: Mobil Pipe Line Company Business Phone: (800 537-5200 Business Address: 22777 Springwoods Village Parkway Spring, Texas 77389 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein ' $500.00 hereby grants to ExxonMobil (ail Corporation &Mobil Pine Line Co. hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or Other Hydrocarbons products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement 'Length h (Linear Foot) of Crossing See. map, list of crossings and the plan and profiles for each crossing outside city limits 1 EXHIE3IT "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 Water Utilities Department 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. o All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. o 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.' o The pipeline shall be installed a minimum of three (3) feet below ground and 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. Such .grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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. o 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 Water Utilities Department. o Operations along easements shall be performed in such a manner that 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 structures. The cost of any .repairs to structures, sanitary'sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. 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. o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. 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. o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities Department. Licensee shall fully 3 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. o Installation will be done in accordance with all City standards and statutes of the State of Texas. REOUiRED 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.. o 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 4 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: 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 PROPERTY: o 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and .within the property 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 (Water Utilities Department) and kept current at all times. This number shall be provided _ to entities permitted to construct, maintain or excavate within this City property 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. o 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 5 work that may be deemed to be necessary or proper by City in, across, along, or under the property. 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. o Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATION/INSPECTION: Any and all work to. be performed on City property 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. o Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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. Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. I 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 parry 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 Name of Licensee: ExxonMobil Oil Corp &Mobil Pipe Line Co P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 22777 SprinrEoods Village Parkway Attn: City Manager City and State of Licensee: Spring, Texas 77389 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. 7 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 day of , A.D. 20 ATTEST: City Clerk . CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Mobil Pipe Line Company & ExxonMobil Oil Corporatioin Represented Matthew orneman Attorney in Fact Title \pipeIincs\\pipelina_llcense SgrCe �j Revised 12-14-2007 12/29/2020 CLSLiNK Maps - UPI EM Beaumont 2 3 City of Beaumont n- FP RIc Forest 1 c� •�i�Ai 1 t'�- yr-... 1-4 b fyj5 1 1 `N 1} Y ISM: I e f j�oajLSke �`_-.�- •�• p ,, r'�r :J .. IV7] - I iN�ak,. ■ . 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Distances in this map are approximations only and should not be used for authoritative definition of legal boundary or property title. Land Staff 1WM_w_4_= MORTH AMEt IRA https://link.clsrow.com/Maps/App/index.html?t=l 609275853917#/project/39256f5e-3067-4a8c-a759-10bfa9cf007a/map 1/1 Beaumont Texas, Utility Crossings The following was identified as City Utility pipelines we will cross and those in bold print are outside the city limits: S. Major Dr. (FM 364) — 20" Water main east side of road Water Map: 400 Water Maps-24x36-Wa426 IH-10 S = 20" Water Main southeast side of Hwy Water Map: 400 Water Maps-24x36-Wa426 Ford Arena — 2" Water line Water Map: 400 Water Maps-24x36-Wa426 Hwy 124 - 8" Water Main & 15" FM Sewer Line Sewer Map: 400 Sewer Maps-24X36-Sa426 Water Map: 400 Water Maps-24x36-Wa426 Frint Drive —18" Sewer Line & 8" Water Main Sewer Map: 400 Sewer Maps-24X36-Sa430 Water Map: 400 Water Maps-24x36-Wa430 Erie St —12" & 16" Sewer Line Sewer Map: 400 Sewer Maps-24X36-Sa428 Port Arthur Rd. (Spur 93) — 20" Water Main Water Map: 400 Water Maps-24x36-Wa428 Highland Ave. — No Utilities Sulphur Dr. = No utilities E Cardinal Dr. (US 69, 96, 287) — No utilities Jim Gilligan Way -10" Sewer Line & 8" Water Main Sewer Map: 400 Sewer Maps-24X36-Sa425 Water Map: 400 Water Maps-2436-Wa425 Martin Luther King Blvd (Spur 380) — SW side - 6" Sewer Line & 8" Water Main; 8" Water Main under Hwy; NE side —10" Sewer Line & 12" Water Main Sewer Map: 400 Sewer Maps-24X36-Sa425 Water Map: 400 Water Maps-24x36-Wa425 VW&R St. — NW side - 8" Water Main & 6" Sewer Line Sewer Map: 400 Sewer Maps-24X36-Sa425 Water Map: 400 Water.Maps-24x36-Wa425 JEFFERSON COUNTY TEXAS JA VEATCH SURVEY, ABSTRAC� NO. 65 7 `6/' `AROPOSBO EMOG941, IPEUNE" ' PR6401. tisS-9•PI�ELE&..{7, 4 yti ''� w w o m ran ran i ' YC�r•e- � ouxl�ILr y�K y� •'• °'i f2 o nd nd k'F- oa' F o o a �' + \ �f opt o oo—r LLO w h n woo o way owo o O 25 60 ao r, 90p "90 '1. N 139533405 A4� �-CO _ - p I .P�t � N: 13953297.41^ COR2JE-025.900 1u 6 R2-JE-024100 t. COR2•JE-025000 E:3522763.41 ;,Y E: 3522834.68 r m T CL PROPOSED I2 LAT:30°01'33.94'N h~ '•f •I LAT:30°O7'34.34'N ..., •a �' �' LONG: 94°0513.30'W 99 LONG: 94°OSY24TVJ 11 a EMOC-141 PIPELINE. 2 ;a VICINITY MAP 1+Do s24awo� -'_ F`OW'�•'13953337.80 CLPROPOSED 16E� N139532982 ~� :3.3522B36.36EMOC•139PIPELIe35227sas7 — E:3522799.69 LAT:30°01'34.31'NLAE30°01'33.91'NLONG:94°OS12.4fi'WCOR2'E 023 000 LONG:94°05'13.29'I - LONG: 94°05'12.88•W- COR2-IE-024.900r,-y— V=50' w o a �> xQ �d 0 o^ ¢coi ao w m LL $ ooz o w ,a-•o� wo 'o' ozm 01 z o o [5 N y L6 � 40' .. PROPOSED PIPELINE m.........N ........o....�. mm....m r-.- 4p' $.. o PRODUCT: PROPANE o NATURAL ` CROSSING PIPE 10.75-D.D. X 0.469' W.T., X-65, PSL2, SMLS NATURAL 12-16 MILS FBE &20.24 MILS ARO 20' •••. •. •.••. GROUND 'GROUND ..,, 20 +�,�Pt>:•••,••••�y _S it ........................ MINIMUM TEST PRESSURE: 216D PSIG ,ti) MAXIMUM OPERATING PRESSURE: 1440 PSIG - j *: o INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED i * *,j m CATHODIC PROTECTION: IMPRESSED CURRENT 0' ..........."WATE •••.....i••••• •.•......... .•••.......•:.....-.•.... ................ •..:..T ............. 0' / JON MARNIE / 20 WATER UNE } /....................... / PROPOSED 12" EMOC-141 PIPELINE 16.4' CLR. !,, 117284 .�C� PRODUCT: ETHYLENE ; . 59.5' 47.5 CROSSING PIPE: 1275' O.D. X 0.469' W.T., X-65, PSL2, SMLS -20' .. . ...................... ? .... 61.1............CLR.......... - . ; .. - ......................... ............... -20' ,i. c 12.16 MILS FBE & 20.24 MILS ARO-- MINIMUM TEST PRESSURE: 2838PSIG MAXIMUM OPERATING PRESSURE 1892 PSIG MOP 435 $$g .........................:...................................;......... -4V q� INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED• • • • - • • • rF;1 R CATHODIC PROTECTION: IMPRESSED CURRENT f NOTES: -00...................:............................. ....................... ..........--... -6D' ,. cRGssucaFEsuuExrE,wseEroNGwGxraFwavuMRs. CL PROPOSED 12" EMOC-141 & 10" EMOC-139 PIPELINES, d i x TRAFFICTOBEMNNTA[NEOOURNGNBfaLNnoN. T.O.P. EL.-59.5' . PROPOSED HPELNEWLL MAINTAIN MINIMUATION. RNNCE $p, ( I 80 wco"cwawnwuunaKrrum,arvcnwwnunw,wncamcrrn¢ 3 FROMUTMIESAND FOREIGN PIPEl1NE5. • ... •'1HOD SJ • • • . • • • • ... • • • • . ' . • • • • • •'• • • • • • • • • •'•.r.re-wewu•amarw".r"."nouvn"x.wra°ac"+"n. u,e .etureor"nnerwwnnruamuouv.ucue+erroazmrnrw 4. COORDINATE SYSTEM; NA083TOWSTATE PLANE, SO URi 1-00 240 3+00 CENTRALZONE, US FOOTUaMCF) PROFILE HORIZ 1'=50' VERT: 1' = 40' MonMobil EXXONMOBIL ROAD CROSSING DRAWING s BEAUMONT2 " PROPOSED I2".EMOC-141&10"EMOC439PIPELINES PIPELINE PROJECT o STATE HWY 931 W PORTARTHUR ROAD COR2-JE-025.900 w�tw 9998a 9MT•HL•0000.DP-RO-004S tOFt ' UN DRAWING NO: 99996415PIA1-11GO t'3r t I' W� - - SITE LOCATION i PROPOSE012 - � . 'ir ` EN{OG14iP1PELINE ` PROPOSED16- ' w'�! � EMo6139 PIPELINE %�4+ VICINITY MAP PROPOSED 10" EMOC-139 PIPELINE PRODUCT: PROPANE CROSSING PIPE 10.75' O.D. X 0.469" W.T., X-85, PSL2, SMLS 12-16 MILS FEE MINIMUM TEST PRESSURE: 2160 PSIG MAXIMUM OPERATING PRESSURE: 1440 PSIG INSTALLATION METHOD: OPEN CUT CATHODIC PROTECTION: IMPRESSED CURRENT i PROPOSED 12" EMOC-141 PIPELINE PRODUCT:ETHYLENE { CROSSING PIPE 12.75' O.D. X 0A69' W.T., X-65, PSL2, SMLS 12-16 MILS FEE MINIMUM TEST PRESSURE: 2838 PSIG MAXIMUM OPERATING PRESSURE: 1892 PSIG INSTALLATION METHOD: OPEN CUT CATHODIC PROTECTION: IMPRESSED CURRENT I NOTES: 1. CROMNGRPESHALLOCOMSSEYONDRIGHTOF-WAYLMRS. 2. TRAFHCTOBEMAINTAINEODURNGNSTAU.ATION. 3. PROPOSED PIPEUNEVALL MAINTANMIMMUM 7 CLEARANCE y FROM UTIUDES AND FOREIGN PIPELINES. 4 COORDINATE SYSTEW NADIR TFXA.SSTATE PLANE, SOUTH _ CENTRAL ZONE, US FOOT DX83SCF) i g EXXONMOBIL BEAUMONT2 PIPELINE PROJECT COR2JE-030.900 CL PROPOSED 12"—, EMOC-141 PIPELINE CL PROPOSED 10" JEFFERSON COUNTY, TEXAS . JA. VEATCH SURVEY, ABSTRACT NO.55 W W O W O O O Z H p ¢ LLl0 = Q U N?w a H EMOC-139 PIPELINE COR2-JE-029.500 \\\' \ 1\ i PLAN V=50' u _ z 7 �O 0>j0 UHU OU 0o w n w �c0 0 - zER - _ 2s W -W YzW1 w R aN-m y..................... 20'................. :........................ ................................... 20' NATURAL .12" SEWER UNE NATURAL GROUND 16"SEWER UNE GROUND ...... .. ................. .. 10, 4' MIN. I-L 13.1'L 4' MIN. 0. ... .......... 2' MIN................... ................................. S MIN. ..................... 0, -to' ................:............ .. CL PROPOSED 12" EMOC-141 & 10" EMOC-139 PIPELINES, , , , , ... , , , , , (T.O.P. EL. -2.2t) -20'.................................................................................................... -20' 1+00 - - 2+00 3too PROFILE HORIZ: 1' = 50' VERT., P=20' 0 25 50 I E onMobil UTILITY CROSSING ORAWING PROPOSED 12" EMOC441 & 10" EMOC439 PIPELINES ERIE STREET -12" & 16' SEWER LINES " COR2,IE-029.900 + t 98996 BMT-HL-0DOD-UP-RO-0111 I 1 OF T I lm nRAtNuf un_ A9G06�ISDINL11111 CITY OF BEAUMONT BILLING REQUEST FORM Responsible Department & Division Dept/Division Contact & Phone # Billing Type/Description Customer Name Address line 1 City, State, Zip Code Phone Number Fax Number Individual or Business Contact Name SS# or Tax ID # Resolution # ROW Crossings Total Contract Amt Billed Amount Billing Amount Contract Start Date Contract End Date PUBLIC WORKS/ENGINEERING ANTOINETTE HARDY - (409) 880-3725 UTILITY CROSSING AGREEMENT EXXONMOBIL OIL CORPORATION and MOBIL PIPE LINE COMPANY 22777 SPRINGWOODS VILLAGE PARKWAY SPRING, TEXAS 77389 (800) 537-5200 BUSINESS MATTHEW HORNEMAN, ATTORNEY IN FACT RESOLUTION NO.21-004 JIM GILLIAN WAY AND SULPHURE DRIVE $500.00 (Ck #1901) Fixed Variable (If variable, describe terms) $369.00 Monthly • Bi-Weekly • Quarterly • Semi -Annual • Annual MARCH 2O21 MARCH 2O22 Months (periods) to bill If contract includes any of the following provisions, describe the terms in detail: Discount: Penalty Interest NOTE: No annual billing required for this application. a UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § ExxonMobil Oil Corporation & Business Name: Mobil Pipe Line Comvany Business Phone: L800 537-5200 Business Address: 22777 Springwoods Village Parkway, Spring, Texas 77389 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 hereby grants to FxxonMobil nil Corporation &Mobil Pipe Tine Co. hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or Other Hydrocarbons products, on or across the following City easement and/or property situated outside the City of Beaumont, 'Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Len tgth (Linear Footl of Crossing See map, list of crossings and the plan and profiles for each crossing outside city limits 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o 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 Water Utilities Department 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: o 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 City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. 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.' The pipeline shall be installed a minimum of three (3) feet below ground and 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. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 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. 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 Water Utilities Department. Operations along easements shall be performed in such a manner that 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 structures. The cost of any repairs to structures, sanitary'sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. 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. 1 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. 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. o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City 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 Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, 11 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. Installation will be done in accordaTice with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: 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 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. o 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 terns 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. Licensee shall indemnify, save and hold harmless the City of Beaumont 4 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: 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 PROPERTY: o 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 property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property 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 (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property 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. o 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 5 work that may be deemed to be necessary or proper by City in, across, along, or under the property. 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. o Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, 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, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; 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 within City property. NOTIFICATIONZINSPECTION: o Any and all work to. be performed on City property 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. o Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. 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 Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. R SPECIAL CONDMONS; 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 (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 Name of Licensee: ExxonMobil Oil Corp &Mobil Pipe Line Co P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 22777 Sprigwoods Village Parkway Attn: City Manager City and State of Licensee: Spring, Texas 77389 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. 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. 7 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 A day of A.D. 20 L_. wnln V \pipclinw\\pipclino llccnse agree CITY OF BEAUMONT, TEXAS By: L t L Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee), Mobil Pipe Line Company & ExxonMobil Oil Corporatioin Represented Matthew Horneman ' 8 Revised 12-14-2007 12/29/2020 CLSUNK Maps - UPI EM Beaumont 2 3 City of Beaumont Fine FPjIB gorent "Lath?ems ey 1 a j❑NLpg-77 =a 4' 1 s=a�_UrAfnlo O ` r� q l al ! 9G Rd— ! Jn. �I= ='C:N 4a • _�. ii(---Gh��`IsAv�� II C,� Ljlldllt.. 105�....�_ �I r�zl J I �IMBlvd; i all; ^ty," i : tiY :7 II.g h1a1n:¢T II - xxon �Lhu i1 1 u j liiC hh �gp �_ +' al tan i y Shil"rl'f n v q �r� nldo d e "` i� �:. }I.! r I 90 /Ap �I JI v `f II ur Q,A`~w \ Central ✓ 1 G9�k�._.�1.l69�i ��l I\+7r r�7 ,i�rr;L al re-r.Rignut Rdv\...� -.kl IiNdd+Rdl fig atoll 1 \ (v Gr 124 .2.at ♦ a. I I + '�, —_ :r7 "'�' f - - f _...1\•-r ..r`` - -' 3G5—{Fl1EtG5�Rd— -... sri, HERS Garmin, NGA, USGS, NPS E. HERE, NPS Esn .MERE, NPS Powered alGj I �I ort):i1Lt1 ByESRI" "' ">. et This is not a survey product. Distances in this map are approximations only and should not be Contf"a used for authoritative definition of legal boundary or property title. Land Staff rm-0,14-amn MORTHAMEROCA https://Iink.cisrow.com/Maps/App/index.html?t=1609275853917#/project/39256f5e-3067-4a8c-a759-10bfa9cf007a/map 1/1 El Beaumont Texas, Utility Crossings The following was identified as City Utility pipelines we will cross and those in bold print are outside the city limits: S. Major Dr. (FM 364) — 20" Water main east side of road Water Map: 400 Water Maps-24x36-Wa426 IH-10 S — 20" Water Main southeast side of Hwy Water Map: 400 Water Maps-24x36-Wa426 Ford Arena — 2" Water line Water Map: 400 Water Maps-24x36-Wa426 Hwy 124 - 8" Water Main & 15" FM Sewer Line Sewer Map: 400 Sewer Maps-24X36-Sa426 Water Map: 400 Water Maps-24x36-Wa426 Frint Drive —18" Sewer Line & 8" Water Main Sewer Map: 400 Sewer Maps-24X36-Sa430 Water Map: 400 Water Maps-24x36-Wa430 Erie St —12" & 16" Sewer Line Sewer Map: 400 Sewer Maps-24X36-Sa428 Port Arthur Rd. (Spur 93) — 20" Water Main Water Map: 400 Water Maps-2406-Wa428 Highland Ave. — No Utilities Sulphur Dr. — No utilities E Cardinal Dr. (US 69, 96, 287) — No utilities Jim Gilligan Way -10" Sewer Line & 8" Water Main Sewer Map: 400 Sewer Maps-24X36-Sa425 Water Map: 400 Water Maps-24x36-Wa425 Martin Luther King Blvd (Spur 380) — SW side - 6" Sewer Line & 8" Water Main; 8" Water Main under Hwy; NE side —10" Sewer Line & 12" Water Main Sewer Map: 400 Sewer Maps-24X36-Sa425 Water Map: 400 Water Maps-24x36-Wa425 VW&R St. — NW side - 8" Water Main & 6" Sewer Line Sewer Map: 400 Sewer Maps-24X36-Sa425 Water Map: 400 Water Maps-24x36-Wa425 • , dPbitD� w Eakf �' + SUET , AZi r rvlo" G T�, VICINITY MAP CL PROPOSED 12 EMOC-141 PIPELINE CL PROPOSED 10" EMOC-139 PIPELINE e PROPOSED 10" EMDC-139 PIPELINE 40' S PRODUCT: PROPANE CROSSING PIPE 10.75' O.D. X 0.469' W.T., X-85, PSL2, SMIS 12-16 MILS FBE & 20�24 MILS ARO 2U MINIMUM TEST PRESSURE: 216D PSIG pE MAXIMUM OPERATING PRESSURE 1440 PSIG 3 INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT 0' a 5 PROPOSED iT EMOC-141 PIPELINE PRODUCT.ETHYLENE CROSSING PIPE 1275' O.D. X 0.467 W.T, X-85, PSL2, SM LS -2V 12.16 MILS FBE & =4 M6S ARO MINIMUM TEST PRESSURE 2M8 PSIG MAXIMUM OPERATING PRESSURE 1892 PSIG MOP �, INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT f NOTES L CRDMGPL-ESNUDaFAD66EMWMGHf-0►8L5. FWAYL 2 TPAFRAA8� CW8EEWMDWFW;'GP.SfAUATM 3. PRDPOSEDMFEUNEWalkA TA61141NWZCLEkR NCE _ FADM R WFCPE1GNPw9M Q COOBOMMSYSfBkEW89T0 WAMRAKT, SDM CEMiXZDW-LLSFCO VXMRCF) EXXONMOBIL BEAUMONT2 PIPELINE PROJECT JEFFFERRSONRCOLIN� TEXAS Y3 �d Y U � U U3 �a s� �La ad ad V, 3 ogpg ci w wgog i o wu� aw 00 oo rFo u �p t'i it OOD o E 352ZR33.41 N: 1395329741+ ;y1� ! COR2-JE-025.900 :i N: 13953340,5E E.-22 35M 68 1 LAT: 30'0133 94 N LONG: 94.0513 30NV s N )'I . � 90' LAT:30'0134.:i rwr:• WftTl r =aLr er3� U ¢ Z 7 � S o0, oo + + + NANRAL w tiN N NATURAL 2q1� GROUND ...... ..........:...............................:......................... ...:............. ... 20' ...... 2D'V141TIRLINE ... �..... ............ ............ ............................... ..t ..........., .. }CLR. U 16.4 59S 47.5 .................... }....61.1 ........... LAX. ..........:.................. ....... .. ................. -20 43.5 ... ......... ......... .............................. L................. AO' — CL PROPOSED 12" EMOC-141 & 10" EMOC-139 PIPELINES, (T.O.P. EL.-59.5) . SJ.............:� ............................Z ............................3 .�.............. -BO' +00 +00 PROFILE FORM 1'=5V VERT: 1'"4U 0 25 50 JON MARNIE MonMobil ROAD CROSSING DRAWING IROPOSED 12" EMOC•141 & 10' EMOC-139 PIPELIN STATE HWY 931 W PORTARTHUR ROAD CORUE-025.900 89856 BEAT-HL-0OOWP-RQ0877 70F1 IP IIN.AWIIY: NIf. �16RYN.1IAL'1 t srtE t ocanoN�� tY^,, f VICINITY MAP PROPOSED 10' EMOC-139 PIPELINE PRODUCT: PROPANE CROSSING PIPE iD.75' O.D. X 0.469' W.T, X-65, PSL2 SMLS 5 12-16 MILS F13E MINIMUM TEST PRESSURE 2160 PSIG MAXIMUM OPERATING PRESSURE 1440 PSIG INSTALLATION METHOD: OPEN CUT - CATHODIC PROTECTION: IMPRESSED CURRENT B PROPOSED 12' E310C•141 PIPELINE b PRODUCT:EfHYLENE CROSSING PIPE 1275- O.D. X 0.46V W.T., X-65, PSL2. SMLS S 12-16 MILS FBE MINIMUM TEST PRESSURE 2838 PSIG MAXIMUM OPERATING PRESSURE 1892 PSIG INSTALLATION METHOD: OPEN CUT CATHODIC PROTECTION: IMPRESSED CURRENT t NOTES: 1. IXO59NTPKMNT IXI W W7f6. �i TR-0FNAY DUFMMST z 1RnmcroeE WMiADhD Wf✓DIG 9uTuuTroet ] PRROPunUrRES'BCE 9EYP1W7CIElFaSOUTH P1 FORMNFFELBDW. Q WRO=TES rM&NTEASSTAT. GBfrRALZDNEUSFOOT(T@}C EXXONMOBIL BEAUMONT2 PIPELINE PROJECT a 0 a $ COR2JE-030.BD0 CL PROPOSED 12" EMOC-141 PIPELINE CL PROPOSED 10"—/ EMOC-139PIPELINEJE� JEFFERSON COUNTY, TEXAS JA VEATCH SURVEY, ABSTRACT NO. 55 T �& 0 0 0 w� � a 0 i Gg10 n g z T 10:3 �m NATURAL GROUND .. . ........... ..... 10 4'MIN. 13.1' 4'MIN. C... .......... 2' MIK.................................................... 5'MIN. .. ................ L7 AD ......................... . . . • , .CL PROPOSED 12" EMOC-141 & 10" EMOC-139 PIPELINES, , . , ...... , , , , , , -tp (T.O.P. EL -2.21 ...................................................................... 1+00 2+00 3+00 PROFILE HORM 1'=5D VERT: V=20' i„` E&onMobil UTILITY CROSSING DRAWING PROPOSED 12" EMOC-141 & ID" EMOC-139 PIPELINES ERIE STREET. IV & 16" SEWER LINES C0112JE4N.900 wuw m, +, 9999E B6TT4flL-0D00.UP-RU4111 10P7 LPI OMYANG N0: 94999-1157ELN-11111 7-- LHDa' Surety , 0 +908-903.3485 202E Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, NJ 08889-1650 Federal Insurance Company License or Permit Bond Bond No. K40197783 Amount $1,000,000.00 Know All Men By These Presents, That we, MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto of (Address) City of Beaumont P.O. Box 3872, Beaumont, TX 77704 (hereinafter called the Obligee), in the sum of One Million and No1100 Dollars ($ 1,000,000.00---------- ), for the payment ofwhich we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has made application to the Obligee for a license or permitXK to lay, maintain, operate, replace or remove a pipeline for the transportaBon of o(I, gas, water, or their products on or across Jim G1111gan Way and Sulphur Drive in accordance with the rules and ordinances of said Obligee pertaining to same. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that ifthe Principal shall faithfully observe, keep and obey all laws and ordinances of said Obligee relating to the said license or permit now in force, or any amendments thereto and shall save, indemnify and keep harmless,, the Obligee against all liabilities, judgments, costs and expenses, which may accrue against said Principal in consequence of the granting of such license or permit and will in all things, strictly comply with the conditions of the license or permit, then this obligations to be void, otherwise to remain in full force and effect. PROVIDED, however, that the Surety may terminate this bond as to future liability by giving thirty (30) days written notice to the Obligee at the above address, such termination not to affect any liability incurred or accrued prior to the expiration of said thirty (30) day period. Signed, Sealed and Dated this 11 th Form 15-02-0159•FW (Rev.7/17) day of December, 2020. MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION Principal By Federal Insurance Company By I P. Cervini, Attorney -in -Fact C7H6Uaa, Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACU IC IKD M rff COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jonathan F. Black, Denise M. Bruno, Julia R. Burnet, Elizabeth P. Cervinl, James M. DiSciullo, Stephanie S. Helmig, Melissa J. Hinde, Joyce M. Houghton, David A. Johnson, David C. Rosenberg, Harry C. Rosenberg, John E. Rosenberg, Matthew J. Rosenberg and Nolan P. Steele of Wayne, Pennsylvania each as their true and lawful Attorney -in -Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed In the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any Instrument referred to In said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEI[i1TY COMPANY have each executed and attested these presents and affixed their corporate seals on this 2" day of October, 2019. tkuvm ai. (2ikv*x A., ssis an(Swmiary i .. STATE OF NEW JERSEY CountyofI•lunterdon tifc(thcn . i. Haney. Fri+tdent On this 2ii1 day of October, 2019, before me, a Notary Public of New Jersey, personalty came Dawn M Chloms, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereob that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Raney, and knows him to be Vice President of said Companies and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is In the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority ofsald Companies and in deponeaCs presence. Notarial Seal KATHERINBJ.ADELAARNOTARY PUBLIC OF MEW JERSEYRio. a 2316685 CommlBslon Expires July 16.2a24NotaryPUNIC CERTIFICATION Resolutions adopted by the Boards ofDirectors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 20160 ,RESOLVED, that the following authorlmdons relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments orthe Company entered into in the ordinary course of business (each a'Writlen Commitment"), (1) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized to execute any writtenComrnitment for and on behalf of the Company, under the seal or Company or otherwise. (a) Each duly appointed attomeyhrfact of the Company is hereby authorized to execute any Watteau Commtmnent ror and an behalfof the Company; under the seal of the Company or otherwise, to the extent thatsuch action is authorized by thegrantofpowers provided For in such person's written appolntme» tas such attorney -in -fact (3) Each of the Chairman, the President and the Vie Presidents of theCompanyisherebyaudwrfzed,fbrw don behalfofthe Company,,toappolntinwriting any person the attom*, in tact of the Company with full power and authorityto execute. for and an behalfofthe Company, under the swlof the Compaw or odxTwise mxh Wthten Cotmnitments ofthe Company as maybe specilled In such written appointment which specification maybe by general type or class of Written Commitments or byspecIticadnnot one or more particular Written Commitments. (4) Each of the Chaiman, the President and the Vie Presidents of the Company Is hereby authorized, for and on beball'oftheCompany, todoesateInwriting toamother officer ofthe Company the authority toexecute,for and onbehalf of the Company, under the Companys seal or otherwise, such WrinenCommitments ofthe Company asare apedRedInsuch written delegation, whithspecification may be by general type or class of Written Commltments or byspedHtatloncrone ormore pardnilarwritenCommitments. (5) Theslgaarure of any officeror other person executlog any Written Commitmentorappolnunent ordelegadon pursuant to this Resohakm, and the seal of the Company, may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTfMR.RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statementofthe powers and authority ofofficers, employees and other persons to act for and anbehalfof the Company, and such Resolution shall not ftht or otherwise affba the exercise of any such power or authority otherwise validly granted or vested' 1, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certify that 0) the foregoing Resolutions adopted by theBoard of Directors ofthe Companies are trite, correct and in full force and effbM (il) the foregoing Power of Attorney is true, correct and in fail force and effect Given under my hand and seals ofsaid Companies atwhttehouse Stafionjq, this 11th Day of December, 2020. Dawn 17 f:hkvtt4. Alk;bgant IN THE EVEW YOU WISH TO VERIFY THE AUI-OMCrIY OF THIS DOND ORNOTIFY US OFANYOTRERMATTSR, PLEASE CONTACT US AT. T 903-3493 Fax (908 903.3656 a mallbmm FED-ViG4`1(rev.0846) s 1 + DowSlgn Envelope ID: CCF7D358-9825-47C6-8B4C-6FAB7BF6431 E FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, UABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31, 2019 (in thousands) LIABILITIES AND ASSETS SURPLUS TO POUCYHOLDERS Cash and Shod Term Investments $ (429,760) Outstanding losses and Loss Expenses $ 6,823,691 United States Govemment, State Reinsurance Payable an Losses and Expenses 1,433,250 and Municipal Bonds 4,559,706 Unearned Premiums 2,014,727 Other Bonds 5.314,219 Ceded Reinsurance Premiums Payable 353,115 Stocks 32,735 Other!_labilities 849,544 Other Invested Assets 1,029,733 TOTAL INVESTMENTS 10,506,613 TOTAL LIABILITIES 11,474,327 Investments in Affiliates; Capital Stock 20.980 Great Northern Ins. Co. 395,442 Paid -in Surplus 2,711,474 ViglantIns. Co. 341,290 Unassigned Funds 1.306,W1 Chubb Indwn* Ins. Co. 178,808 Chubb National Ins. Co. 161,053 SURPLUS TO POLICYHOLDERS 4,039,335 Other Affiliates 97,150 Premiums Receivable 1,511,095 " Other Assets 2,302,210 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15 SURPLUS 515,613,662 Investments are valued in e=rdance with requirements or the National Association of Insprance Commissioners, At December 31, 2019, investments with a carrying value of $W$.749,121 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly swum, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and beilefthe foregoing is a true and correct statement of the said Company's financial condt0on as of the 31 st day of December, 2019. oo,u§> pa Note me this i ::Sow, -T-. or- r2act i� Notary Pu= r k y corn iss on expires =Pemnsylvanlannsylvania - Notary Sealt, Notary Publicphia Countypires August 8, 2023number 1235745 Member, PennsylvanlaAssoclation of Notaries