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HomeMy WebLinkAboutRES 21-063RESOLUTION NO. 21-063 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 Utility Crossing Agreement to Coastal Caverns, Inc., substantially in the form attached hereto as Exhibit "A," to install a four inch (4") carbon steel pipeline which is intended to transport helium gas. This pipeline will cross City infrastructure outside the city limits of Beaumont. Said pipeline is 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 16th day of March, 2021. APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name:caaarei cavema. me. Business Phone: (0) 614-62M Business Address: 6045 Highland Avenue AM; David Sainden, aeanmen43X 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum speckled herein $635.00 (for the 4-inch helium gas pipeline crossing 12" and 16" sewer lines and 20" water line) hereby grants to cnaeiai cavama, me. hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or 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 (Linear Foot) of Crossing W of SH 93 - 12" FM 99 Utility Line (Sewer) and 16" FM 02 Utility Line (Sewer) (30' ROW) At SH 93 - 20" DI'90 Utility Line (Water) (30' ROW) 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 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. 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). 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 we 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. • 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. • 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. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided.. • 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, 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. 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. 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 accordance with all City standards and statutes of the State of Texas. REOUIRED 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: Bodily injuries: S 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. 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. 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, its 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: 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. 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 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 parry who may be responsible for damages to Licensee's facilities. 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. NOTIFICATIONANSPECTION: 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. 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. SPECIAL CONDITIONS: Nonassianable 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 Coastal Caverns, Inc. P.O. Box 3827 Beaumont, Texas 77704 6045 Highlands Avenue, ATTN: David Saindon Attn: City Manager Beaumont, Texas 77705 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. 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_ CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Coastal Caverns, Inc. Represented by: Title Dave, ChiefFinen al Ofticrl ATTEST: By: Secretary JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, A-55 GRAPHIC SCALE 2000' 1000' 0 2000' 4000' COASTAL CAVERNS INC. CITY OF BEAUMONT CROSSINGS JEFFERSON COUNTY, TEXAS Inc. DRAWN BY: JG SHEEf: 1 OF 4 CHKD./APPD. BY: — SCALE: AS INDICATED UPDATED BY: DATE: 12/10/2020 DATA BASE: ----- JOB NO. 13931 MPH CAD FLL: 13931-4001.dwg i JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, A-55 Otm � FL E' EC EC EC EC (pYYxG1 R4' HCp9�OPE BAIIFF PTr 2+W PRO . e Cc, PAL EC A EC RG%. IiGNGHNPf' ARINE Pf f.1 A \ j 1 COMPANY AGENM TWX - m M RRO wftm c C a x g g 3f ct $ Nrll .1G Itl COV. 10 MT. OIWO . 3 NM. GR . . . . . . 'mT. MRd U .6 .. . . PROP. 4. OCI P/L . . x as aso t+oo t+so PROFILE z+oo s+ao GRAPHIC SCALE 1RYE11NG FlRN N0. 10142700 50' 50' 25' 0 3 6 c 0 ? S 3 JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, A-55 RTINT of eccwlNc PROP. 4- HEOUM I I I`Rowr o'v TERNINOS I ♦ N:1]851]89.64 .N:1]95143694 E: 3523B626B GAS PIPELINE � IAn r E:35z3Bea.00 TAT: N30D1'14.4Y' I I� I �T:x3TDi'15.B5 �_ocE of Loxc: W➢aDs'oi.)]' I, In wrvcRElE o I ENTRY/E%IT ;LUNG: M4W a0.][z'I O+oo 1 oB i z+Bo tz1J' TB HUD]+oo noc' To NTo Ervmv/Exlr I � � � a { GOLDEN TRIANGLE BRINE P/L l0 18 r/ p 2„_ _I m., }_ I i I {j m 6AFETY 3 O �?Tl1 iRFA1MENTAVE 7iE I LL oSI�_GURIYEL J 't II £ E tt# LL R.C.P. PLAN CULVERT e aL �F?W GRAPHIC SCALE 50' COASTAL CAVERNS INC. PLAN & PROFILE PROPOSED 4—INCH CCI PIPELINE 20" DI'90 UTILITY LINE CROSSING JEFFERSON COUNTY. TEXAS , P. Hebert, Inc. DRAWN BY: NM SHEET: 3 OF 4 CHKD./APPD. BY: AD SCALE: AS SHOWN UPDATED BY: DATE: 12/10/2020 DATA BASE: JOB NO. 13931 MPH CC FILE: 13931-4003 PLAN & PROFILE -REV i.DWG 1.0 N RAF�LF INFORMATION 1.1 APPUCANT/OWNER: COASTAL CAVERNS, INC. ADDRESS: 6045 HIGHU D AVE. BEAUMONT, T Z2205 1.2 PIPWNE NAME: 4-INCH CCI PIPWNE 1.3 PRODUCT: HEUUM 1.4 CONSTRUCTION AC M ARE SCHEOUI]T TO BE PERFORMED. 1ST OUMTER 2021. 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE PIPWNE MUST MEEF CM TITLE 48 CM PAR! 192 - TRANSPORTATON OF NATURAL AND OTHER GAS BY PIPEUNE, TET0A5 ADMINISIRAINE CODE (TAC) TALE 16, CHAPTER 8, AND ASME 01.8-PIPMNE TRANSPORTATON SYSTEMS FOR NATURAL AND OTHER GAS PRODUCTS. 2.2 OPERATNG PRESSURE: 2750 PSIS (MAXIMUM OPERATNG PRESSURE) 2.3 HYDRDSTATC TEST PRESSURE: 3458 PSIG (MINIMUM) 2.4 DESIGN FACNR: 0.60 3.0 CARRIER L[NL PIP 3.1 OUTSIDE DIAMETER: 4.500' 3.2 WAU THICKNESS: 0.n7' 3.3 PIPE SPM19CATION: API 5L 3.4 SPECOCAMNI MINIMUM YIELD STRENGTH: 52,000 3.5 MATERLLL: CARBON STEEL 3.6 PROCESS OF MANUFACTURE: ERR 3.2 EXTERIOR COATING: 14-16 MRS ME + 18-20 MILS AND OWNS 4.0 CATHODIC PROTECTION 4.1 IMPRESSED CURRENT OR ANODE BEDS 5.0 CONSTRUCTION METHOD 5.1 PIPELNE WILL BE INSTALLED BY CONVENTIONAL LAY k HORIZONTAL DIRECDONAL DRI11 METHOD SURVEYING FIRM NO. 1 ENGINEERING FIRM NO. A� RDr CERTIFICATE OF LIABILITY INSURANCE I I/1/2021 oATE3/11MM/20IDB I 21 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED Sma iclons or be endorsed. If SUBROGATION IS WAIVED, subject t0 the terns and conditions Of the policy, certain policies may require an endorsement A statement on this cadifeate does not confer rights t0 the certifcate holder In Ilea Of such endomementls). PRODUCER LOCKTON COMPANIES 36573RIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 A c Na Imb uc xa: n-MAIL INSUREREB BIND GOVERAIE NA¢ INSURER A: Everest ludCmnit Insurence Company 10951 INSURED Costal Caverns, Inc. 1489653 919 MIlam Street, Suite 2425 Houston TX 77002 INSURER B: Endurance Ancori Iturance Company 10641 INSURER c: Wesmhesler $u Ivs Lines lnsmame cD 10172 SUPER 0: ER E' RF' VERAGES CERTIFICATE NUMBER17393977 REVISION NUMBER: XXXXXXX CO THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEO. 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. ILTR TYPE OF INSURANCE ABOp SIIBR µyB POLICY NUMB ER POLILOYEFF 4/10/20B POLICY SAP MMNO II/]RG21 I.E. LIMnS A X COMMERCIAL GENERAL LIABILITY GLASSWIDEOCCUR Y y EN4ML00261-201 EACHOCCURR ENCE 1000000 OAMMI9ES EeEwmcurenc 100000 FAR av XXXXXXX PERSONAL A AOV INJURY $ 1000000 GENL AGGREGATE LIMIT APPLIES PER: POLICY�Ino Lou OTHER: GENERAL AGGREGATE E2000000 PRODUCTS-COMPIOP AND s 2,000 OO S AUTOMOBOELABILITV ANY AUTO �IWITDD NLY SCHEDULE' HAUTOS IRED NON-0WNED AUTOS ONLY AUTOS ONLY NOT APPLICABLE EOMRIItlE091NGLE LIMIT S XiXXXiiX BODaY INJURY (Per Pemn) SXXXX](XX BOOILYINJURYIPe-ordenl S XXXXXXX PROPERTY DAMAGE Pere¢ICen S XXXXXXX S B C X UMBRELLA LNB EXCESS UAB X OCCUR CLAIMS Y Y EXC30000309003 G+71511649002 4/20/2020 4/10/2020 11/12021 11/IM21 EACH OCCURRENCE S 10000000 X AGGREGATE S 10000000 PER RETENTIONS S XXXXXXX WOe Firm COMPENSATION ANB EMPLOVERB'LIABILRY ylN ANY PF y InRXp TryE - lu lA,resurrect, ❑ n if si;&IPTI'o QF0PEPAnoxae. A NIA NOTAPPLICABLE EE.L$ ER OTH� STATUTE ER XXXXXXX XXXXXXX XXXXXXX DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ADDED 101, Additional Rem-m Seh aline, may bar aF—hed If more space B Dqulmd) 17393977 City of Beaumont A N: City Manager PO Box 3827 Beaumont TX 77704 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISISNS. The AMEND name and logo are registered THINKS DT AuaeU CONTINUAnON DESCRIenos or OPERFTIONSILOCPTIONSNEXIClE51EYL W510NS PODEO DV ENOORSEMENT.Hr.L PROVISIONS IU[e anty II . spa[e ie Imrta1 All policies include a blanket automatic additional insured [provision] that confers additional insured states to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. All policies include a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. All policies contain a special endorsement with "primary and noncontributory" wording. ACORD 25 (2016ID3) cemvcaiunDioer w: � uyev II Job No. 13931-01 116 Venture Blvd AWAMAM Mffd P.O. Box 3106 AW10r—W AV- 7 A" Houma, LA 70361-3106 Air Aff AW AV M Air AV M AW AV AIL AV AV AV M AV AVAffqEWi (985) 879-2731 VOICE ���� anYs 7 Ina (985) 876-9052 FAX , 9 client focused solutions March 1, 2021 City of Beaumont ATTN: Antoinette Hardy 801 Main Street Beaumont, Texas 77701 One Sterling Plaza 10101 Southwest Freeway, Suite 620 Houston, TX 77074 RE: Coastal Caverns, Inc. Proposed 4-Inch CCI Pipeline Application for Pipeline License Agreement — Outside of City Limits Dear Ms. Hardy: (713) 219-1470 VOICE (713) 219-1471 FAX Hand Delivery Coastal Caverns, Inc. is respectfully requesting authorization to install a 4-inch carbon steel pipeline buried outside the city limits of Beaumont, Texas as more fully shown on the enclosed drawings. The proposed pipeline is intended to transport helium gas and will cross city utilities located west of SH 93 via horizontal directional drill or conventional bore methods. A minimum clearance of 5 feet will be maintained between the existing utilities and the proposed pipeline. Enclosed for your review is a Utility Crossing Agreement application package and associated permit drawings. A check made payable to the City of Beaumont, in the amount of $635.00, for the required license agreement fee is attached. A bond in the amount of $1,000,000.00 is also enclosed. The required Certificate of Insurance will be submitted to you via email at a later date. Please send all correspondence and permits to Rachel Bear at Morris P. Hebert Inc., 10101 Southwest Freeway, Suite 620, Houston, TX 77074. Should you have any questions or require additional information, please do not hesitate to call me at (713) 219-4412. Sincerely, Rachel Bear Regulatory and Environmental Services Enclosures Page 1 of 1 Surveying © Engineering o Environmental Services o GIS Coastal Caverns, Inc. Proposed 4-Inch CCI Pipeline Beaumont Fee Calculation (Outside City Limits) Fee Name / Location ROW Crossing Length Fee per Unit Crossing Fee Totals License Agreement Fee $500.00/Application $500.00 W of SH 93 - 12" & 16" Sewers 30' $2.25/ linear foot $67.50 SH 93 - 20" Water 30' $2.25/ linear foot $67.50 TOTAL FEES $635.00 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name:Coastal caverns, Inc. Business Phone: (713) 614-6284 Business Address: 6045 Highland Avenue ATrN. David Saindon, Beaumont TX 77705 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $635.00 (for the 4-inch helium gas pipeline crossing 12" and 16" sewer lines and 20" water line) hereby grants to Coastal Caverns, Inc. hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or 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 (Linear Foot) of Crossing W of SH 93 - 12" FM 99 Utility Line (Sewer) and 16" FM 02 Utility Line (Sewer) (30' ROW) At SH 93 - 20" Dr90 Utility Line (Water) (30' ROW) 1 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. 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). KI 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. 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. • 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. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided., • 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, 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. 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. 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 accordance 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: • 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. 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. 4 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, its 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 dome 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 CONSTRUCTIONIMAINTENANCE WITHIN PROPERTY: 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. 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 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. 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. 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. L 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 Coastal Caverns, Inc. P.O. Box 3827 Beaumont, Texas 77704 6045 Highlands Avenue, ATTN: David Saindon Attn: City Manager Beaumont, Texas 77705 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 M 0_y6k Z 2.d( , A.D. 20_2:.I,_. AP ATTEST: By: Secretary CITY OF BEAUM 1ONT, TEXAS By: L l L_ Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Coastal Caverns, Inc. Represented by: Title David Saindon, Chief Financial O i JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, A-55 GRAPHIC SCALE SURVEYING FIRM NO. 10142100 2000' 1000' 0 2000' 4000' ENGINEERING FIRM NO. F-8039 COASTAL CAVERNS INC. AERIAL ROUTE MAP PROPOSED 4-INCH CCI PIPELINE CITY OF BEAUMONT CROSSINGS JEFFERSON COUNTY, TEXAS mum Morris P. Hebert, Inc. SURVEYING • ENGINEERING • ENVIRONMENTAL • GIS DRAWN BY: JG SHEET: 1 OF 4 CHKD./APPD. BY: — SCALE: AS INDICATED UPDATED BY: DATE: 12/10/2020 DATA BASE: ------ JOB NO. 13931 MPH CAD FILE: 13931-4001.dwg 0+00 JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, A-55 1+00 2+00 _ EEC C CABLE EC (Af f A�B�CC KOX 2-4HDPE BRIkCP7 EC EC EC EC EC EC EC EC COMPANY GLADYS CITY AGENTS T \ TILEV. 10 BE FE10 VEND ' o U M a p U ••WW'' J aJ N m N o PROP. a CCI PA 3+00 CTRIC Cam CCI HD BRIN_E PfC� 1 30 30 IL 10' COV. .0 20 a AQ1 G.R. * . 10 MT. OROUIO . . . . . . . . 5' UK GR . . . . . . . . . . . . . . . .NAT. WIM 10 IL 0 . . . . . . . . . . . 0 N -10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1-30 -10 -20 . . . . . . . . . . . . . . . . . . . . . PROP. a CCI PA . . . .-2o M -30 0+00 0+50 1+00 1+50 2+00 2+50 3+00 GRAPHIC PROFILE SURVEYING FIRM NO. 10142100 50' 25' 0 50' ENGINEERING FIRM NO. F-8039 0 1 1 17 20 1 JG I ISSUED FOR ACQUISITION 8 NO. I DATE IFtEV. EIY: I REVISION w I COASTAL CAVERNS INC. PLAN AND PROFILE PROPOSED 4-INCH CCI PIPELINE 12" FM 99 UTILITY LINE & 16" FM 02 UTILITY LINE CROSSINGS JEFFERSON COUNTY, TEXAS w wt� --1 am xrx • '� Morris P. Hebert, Inc. URVFYING m FNGINFFR/NG m ENVIROIVMFNTAL • GIS DRAWN BY: JG SHEET: 2 OF 4 CHKO./APPD. BY: - SCALE: AS INDICATED UPDATED BY: DATE 12/10/2020 DATA BASE ------ JOB NO. 13931 MPH CAD FILE 13931-4002.dwg A POINT OF BEGINING N:13951369.64 E: 3523862.88 LAT: N30'01'14.42"� LONG: W94'05'01.73" 0+00 f100' TO HDD ENTRY/E GOLDEN TRIANGLE BRINE P/L JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, A-55 PROP. 4" HELIUM I I I •POINT OF TERMINUS GAS PIPELINE l o'a ¢ F I I:N:13951438 s4 E: 3523984.00 I o I LAT: N30-01'15.05- m ~ =DGE OF 0)NCRETE o I I LONG: W9 05'0032"I 1 00 ao 2+00 t217' TO HDD ENTRY/EXIT 3+00 __ O wz - = a Y Y ZI L� 1 m K Z ¢ Q mI w 1 II w o CDNC. z m o p m m I 8 SAFETY END I71 o X it o x I F_ TREATMENTI� o rI E EXIST. CCI 80' ESM'T o U p I I o14 a L� U �— — _ $ 4. _ GRAVEL — —} — — g - — — — — — Ulz W o F o U US mF, DRIVE 1$"' 3: — I z a .o w O 0 IL U-0 w U � PLAN �I 30" R.C.P. =o ao CULVERT OCR i0 z ' w Q z o w 0 � W J W U z 20 = O = z J w tO U Fe < �1U- U 2 a z on S o Q o 1 w Oi J ILwO li K �+ LL p 0 M7 LL'n. w 021i 00 w 00 L rn 'R 0 U 0=0 U O w O T ao o ■ n c� 3 EL E-OU 12.. U N p W U = K r d- ml, 00 N .41 M1 N d. 1� to fl o0 mm rn O N Ip Lr) r m O 0 0 000 0 + + t + + + N � 30 30 �139' R.O.W. a2p ...........SH 93...................... ........................... 20 m NAT. GROUND 10 .... ........................... 10 p l cuz............ 30' cut :...................... ..... PROP. 4" HELIUM .... p g 36' cLR. GAS PIPELINE -10 .................. ...............................I...... -10 -20...................I................... ..... ... ........... 20 M M-30----------------- ..I.......................................... ........ ...................... -30 -40 -40 GRAPHIC SCALE 50' 25' 0 COASTAL CAVERNS INC. PLAN & PROFILE PROPOSED 4—INCH CCI PIPELINE 20" DI'90 UTILITY LINE CROSSING JEFFERSON COUNTY, TEXAS = w w Morris P. Hebert, Inc. JRVEYING • ENGINEERING • ENVIRONMENTAL • GIS DRAWN BY: NM SHEET: 3 OF 4 CHKD./APPD. BY: AD SCALE: AS SHOWN UPDATED BY: DATE: 12/10/2020 DATA BASE: JOB NO. 13931 MPH CAD FILE: 13931-4003 PLAN & PROFILE -REV 1.DWG PROPOSED 4-INCH CCI PIPELINE DESIGN DATA 1.0 GENERAL INFORMATION 1.1 APPLICANT/OWNER: COASTAL CAVERNS, INC. ADDRESS: 6045 HIGHLAND AVE. BEAUMONT, TX 77705 1.2 PIPELINE NAME: 4-INCH CCI PIPELINE 1.3 PRODUCT: HELIUM 1.4 CONSTRUCTION ACTIVITIES ARE SCHEDULED TO BE PERFORMED, 1ST QUARTER 2021. 2.0 PIPELINE DESIGN DATA 2.1 DESIGN CODES: THE PIPELINE MUST MEET CFR TITLE 49 CFR PART 192 - TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE, TEXAS ADMINISTRATIVE CODE (TAG) TITLE 16, CHAPTER 8, AND ASME B31.8-PIPEIJNE TRANSPORTATION SYSTEMS FOR NATURAL AND OTHER GAS PRODUCTS. 2.2 OPERATING PRESSURE 2750 PSIG (MAXIMUM OPERATING PRESSURE) 2.3 HYDROSTATIC TEST PRESSURE: 3458 PSIG (MINIMUM) E 2.4 DESIGN FACTOR: 0.60 a 3.0 CARRIER LINE PIPE CND' 3.1 OUTSIDE DIAMETER: 4.500" N 3.2 WALL THICKNESS: 0.237" n 3.3 PIPE SPECIFICATION: API 5L N 3.4 SPECIFICATION MINIMUM YIELD STRENGTH: 52,000 3.5 MATERIAL CARBON STEEL 1' Q 3.6 PROCESS OF MANUFACTURE. ERIN 3.7 EXTERIOR COATING: 14-16 MILS FBE + 18-20 MILS ARO COATING 4.0 CATHODIC PROTECTION 4.1 IMPRESSED CURRENT OR ANODE BEDS 5.0 CONSTRUCTION METHOD 5.1 PIPELINE WILL BE INSTALLED BY CONVENTIONAL LAY do HORIZONTAL DIRECTIONAL DRILL METHOD SURVEYING FIRM NO. 10142100 ENGINEERING FIRM NO. F-8039 COASTAL CAVERNS INC. DATA SHEET PROPOSED 4-INCH CCI PIPELINE CITY OF BEAUMONT CROSSINGS JEFFERSON COUNTY, TEXAS Morris P. Hebert, Inc. VRVEYING o ENGINEERING ® ENVIRONMENTAL o GIS DRAWN BY: JG SHEET: 4 OF 4 CHKD./APPD. BY: — SCALE: AS INDICATED UPDATED BY: DATE: 12/10/2020 DATA BASE: — — — — — — JOB NO. 13931 MPH CAD FILE: 13931-4004 Ae"Rb- CERTIFICATE OF LIABILITY INSURANCE 11/1/2021 DATE(MM/DD/YYYI) 3/1/2021 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700(kUNh HOUSTON TX 77042 866-260-3538 ONTACT NAME, FAX c No, Ext : Alc No E-MAIL ADDRESS: SURER SAFFORDING COVERAGE NAIC INSURER A: Everest Indemnity Insurance Company 10851 INSURED Costal Caverns, Inc. 1489653 919 Milam Street, Suite 2425 Houston TX 77002 INSURER B : Endurance American Insurance Company 10641 INSURER C : Westchester Surplus Lines Insurance Co 10172 SU E D: INSURER E : SURER F : COVERAGES CERTIFICATE NUMBER: 17393977 REVISION NUMBER: XKXXXXX 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 ADDL I SD SUER WVD POLICY NUMBER POLICY EFF MM DD POLICY EXP MM DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y EN4M1-00281-201 4/10/2020 11/1/2021 EACH OCCURRENCE 1,000,000 DqMAGE RENTED PREMISE Ea occu a ce 100,000 MED EXP (Any oneperson) = PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY❑ PRO- LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ AUTOMOBILE LIABILITY ANYAUTO ���� AUTOSDONLY AUTOSUL� HIRED NON -OWNED AUTOS ONLY AUTOS ONLY NOT APPLICABLE (CEO, aBclNd DLSINGLE LIMIT $ XXxx= BODILY INJURY (Per person) $ )'�� BODILY INJURY (Per accident $ XXXXX�� PROPERTY DAMAGE Per accident $ X� � X B C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE Y Y EXC30000309003 G71511649002 4/10/2020 4/10/2020 11/1/2021 11/1/2021 EACH OCCURRENCE $ 10,000,000 X AGGREGATE $ 10,000,000 DED I I RETENTION $ $ XXXXX XX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNE/EXECUTIVE ❑ OFFICERIMEMBER EXCLUDED? VAaaendatory In NH) und DESC PT9TI N OF OPERATIONS below NIA A NOT APPLICABLE PER OTH- STATUTE ER EL EACH ACCIDENT �TV�TVVVV $ XX�L(1.1L[ X EJ_ DISEASE - EA EMPLOYEE `�vvvv XX��XX EL DISEASE - POLICY LIMB S n/Lx11= DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) 17393977 City of Beaumont ATTN: City Manager PO Box 3827 Beaumont TX 77704 Ar:ORrl 9s f9n1 R/n A) 1,F1111 V - 1i- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE cf3�1-7�� 0)19RR-2015 ACORD CORPORATI _ All Hants reserved The ACORD name and logo are registered marks of ACORD CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only If more space Is required) All policies include a blanket automatic additional insured [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. All policies include a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. All policies contain a special endorsement with "primary and noncontributory" wording. ACORD 25 (2016103) Certificate Holder ID: 17393977 BOND NO. CMS0339164 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, Coastal Caverns. Inc. as Principal, and the- RLI Insurance Company, 2925 Richmond Avenue, Suite 1600, Houston, TX 77098 an Illinois corporation, as Surety, are held and firmly bound unto City of Beaumont as Obligee, in the sum of One Million and 00/100 Dollars ($1,000.000.00) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has been or is about to be granted a license or permit to utility crossing agreement by the Obligee. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall well and truly comply with the local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. In no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. This obligation may be canceled by the Surety by giving Fifteen (15) days notice in writing of its intention to do so to the Obligee, and the Surety shall be relieved of any further liability under this Bond Fifteen (15) days after receipt of said notice by the Obligee, except for defaults occurring prior thereto. 2. The term of this Bond shall be from February 22, 2021 to February 22, 2022 3. Any claim must be presented in writing, during the term of this bond, to RLI Insurance Company, to the attention of RLI Insurance Company, 9025 N. Lindbergh Drive, Peoria, IL 61615, Attn: Energy Surety Claims. Any claims made outside the term of the bond shall be null and void and of no effect. 4. Surety shall have no obligation to the Principal, the Obligee or any other person or entity for any loss suffered by the Principal, the Obligee or any other person or entity by reason of acts or omissions which are or could be covered by the Obligee's or the Principal's general liability insurance, products liability insurance, completed operations insurance or any other insurance. 5. No right or action shall accrue under this Bond to or for the use or benefit of anyone other than the named Obligee. 6. The Obligee will issue a release of this Bond within a reasonable period, but in no instance longer than Thirty (30) days after termination of the License/Permit. 7. Regardless of the number of years this Bond is in force, or the number of continuation certificates issued, the liability of the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth above, or as amended by rider. IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals this 22nd day of February, 2021, the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative pursuant to authority of its governing body. Coastal Caverns, Inc. Principal By I / 4, OK 4 L-1 4 ! t Autumn Stockton, Attorney-in-F POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Snow AM Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Timothy F. Kelly, R. F. Bobo, Florence McClellan, Kristin Darling, Autumn Stockton, Aaron Clark, Nicholas Patetta, jointly or severally in the City of Houston , State of Texas its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars (_ $25,000,000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 25th day of March . 2020 . y�,,� . M = `��• ,O RATS y'. SEAS•, State of Illinois l �i.„�LL;N019 „` ''�nL I N"ON5�,`, } SS County of Peoria JJJ On this 25th day of March 2020 before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: Jacque ' e M. Bockler Notary Public OFFICIAL SEAL JACQUELINE M SOCKLER NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES JAN 14 2022 RLI Insurance Company Contractors Bonding and Insurance Company By: � A .�I Barton W. Davis XXX Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 22nd day of February , 2021 RLI Insurance Company Contractors Bonding and Insurance Company By: �t-�?I"�"� 13 Jeffrey D(Yicg V Corporate Secretary 4234903020212 A0058D 19