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HomeMy WebLinkAboutRES 15-083RESOLUTION NO.15-083 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant six (6) Pipeline License Agreements to Enterprise Beaumont Marine West, LP, substantially in the form attached hereto as Exhibits 'A," "B," "C," "D," "E," and "F" to install four (4) pipelines and two (2) utility conduits. These agreements are described as follows: As described and shown in Exhibit "A," being a 36" crude pipeline which will cross a 20" water line within TXDOT's West Port Arthur Road right-of-way and both a 12" and 16" sanitary sewer lines within Union Pacific Railroad right-of-way on West Port Arthur Road; and, As described and shown in Exhibit "B," being a 30" crude pipeline which will cross a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer Force Main (FM)line on the west side of SH 347 within TXDOT right-of-way; and, As described and shown in Exhibit "C," being a 30" crude pipeline which will cross a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer FM line on the west side of SH 347 within TXDOT right-of-way; and, As described and shown in Exhibit "D," being a one 12" process water line to be used for the two (2) 30" crude pipelines that will be crossing a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer FM line on the west side of SH 347 within TXDOT right-of-way; and, As described and shown in Exhibit "E," being a four inch (4") utility conduit that will cross a 20" water line within TXDOT's West Port Arthur Road right- of-way and both a 12" and 16" sanitary sewer lines within Union Pacific Railroad right-of-way on West Port Arthur Road; and, As described and shown in Exhibit "F," being a four inch (4") utility conduit that will cross a 12" water line on the west side of US 69, an eight inch (8") water line on the east side of SH 347, and a two inch (2") sanitary sewer FM line on the west side of SH 347 within TXDOT right-of-way. ;and, BE IT FURTHER RESOLVED THAT these Pipeline License Agreement are for the purpose of transporting refined products and the pipelines are to be constructed in compliance with City requirements. 2015. PASSED BYTHE CITY COUNCIL of the City of Beaumontthis the 28th day of April, CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Eutezprise Beaumont Marine West. L.P. Business Phone:_{713 381-8368 Business Address: Attn: Marc Tausend, Land Department 13.12, 1100 Louisiana Street, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 36" Crude Pipeline crossing West Port Arthur Road hereby grants to Enterprise Beaumont Marine West., L.P. hereinafter called "Licensee", the license io lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being inore particularly described in Exhibit "A" attached hereto and made apart hereof for all purposes. Street Name or R.O.W. Description Len tg_h (Linear Feet) West Port Arthur Road - east side in UPRR ROW -12"&16" sanitary sewer and 20" water (no ROW) I EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page S). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to. customers located within the City; h6wever, 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 controlIing the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 Q The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural- drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be peiTormed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be. restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result ofthis installation will be borne by the owner of this line. Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Oirly under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a streef or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission' by the .... .... oWAgn .r(s). pf ttle..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) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governinental entity, then documentation regarding such will be provided to the City of Beaumont, o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee. shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be ixiaintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation, o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City Tight-of- way ight-ofway shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License.Agreement.fee. (ee.,Cost_ofLiceilse) Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard L'iabil'ity 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 0 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 Beamnont for the use and benefit of any person entitled thereto and conditioned that the principal and suety 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 acid damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. TI -ds indenm ty 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. Q If the pipeline or any part thereof installed by Licensee shall be in any jy.,of its_,ager.ts o,r employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or mailitain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee fiom recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: 0 City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. ., Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R. OX involved with this license will be the responsibility of the company obtaining said permit. Licensee shall marls the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines, failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. 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 work that may be, deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contxaetoar.pr.ihirdpariy_who.May.be responsible for damages.to Licensee's facilities. Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change imrnediately and at its own cost; it being understood that City will not paz-ticipate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way,11 NOTIFICATION/INSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to matte an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this Iicense will terminate the Iicense 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 (3 0) days prior to the termination date therein specified. Any written notice may be. effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested, Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name.of Licensee: Enterprise Beaumont Marine West L.P. RO. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St. Attn: Marc Tausend Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the .pipeline by Licensee after. the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS go ATTEST: City Clerk Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: /)� ab, f Marc D. Tausend, as Agent and Attomey-in-Fact Title ATTEST: By: Secretary \pipelinesllpipeline_license agree 9 Revised 12-14-U07 i a° CITY OF 'BEAQMONT \ o r.•„�r r�" ��.; t a *•. 7Rt'F'RRSONCOIINTY. TfiXAS� �`Pf� 40 ,� �' � �r'� t � �,.�`, � � • PrP / ProJpat �r?,�P PROPOSED 361 tacatla0 �- a� �' r ��a �"A'• LN36-05 PIPELINE a •� \ y 4 k 4 •tl S q A ox op re � .at ttnR. GAF a�¢ scale 1`=1 mile © WA E 4 `� ( Rr'SxWCRc -i PROPOSED 36 ` 3• LN36-06 PIPELINE t� N pipOitOgcfuS. I EXIST. F sANI3 A mpag- ,t, D. EAST OF RUY OS An B.P.R,R.. � 'P A IN�6-R6' RttOq¢Lgg•y6 NCi7.6t \ d E352�061.pS COVD$,4p't � 4 Oiltanking PIPSLt?I mossm F1DST tZw SA tlR :SSWSR 93 OF ARY 9R ANO OILTANKING' BEAUMO� T PARTNNERS, L.P... B.P,R.S. /1 IINut_ti6 R t34di •r< N.C. t7. 46' �;:. l:J' E352ppb8�}8 COYER 96 r ' CITY OF BEAUMONT U ILITi CROSSING PIPSL•Tn CROSSING- PROPOSED CRUDE' OIL EXP SION .PIPELINE .SYSTEM HORIZONTAL GRAPHIC :SCALE _ o>axv�asRArmwl:c_T o>•• v.P.R,x. CROSSING HWY. 93 (W: PORT ARTHUR RD.) (2) SEWER LINES & (1) WATER LINE 200 100 0 200 400 � 0 fact D - 3527995145 COVER NA 17AY+ 4e* CITY OF $EAUMONi JEFFERSON COUNTY, TEXAS aro°Pp, DRAWN BY- PK SHEET: 1 OF 1 _ mcurmaAawrv6 iCHECKEDBY.- DES f! SCALE .:1 "=200' __, g6ttP3I]tF,1XsYiStl6�T u' - Mpms'P.H9bert fnc. �rou,owracvtx: m>A*�. '°10"A1D;,�,,,"�"•"'`• APPROVED BY: -- DATE:01%23/15 `s. ` A 01,2Z15 { ccananu pr eca nrat�tiu'io% snRim ;CAD FILE: 11923=O1.DWG " _ • . � 7" �� '� i{ � 11 ire ^'*t ;�'�' ,m'•,yt4. �,n � "` « ,. `ua « ' r x _, t } � `�``����'!! (( _ '�.".._., �� � +" i�• ES��*�uEYo 4' y� �nsnxj {f#t^� TA - �.,t+;�; P.y �" t J i;r �:r,,� !• ua'-.--- ����i cam. 1t�� �' � 3'�. .� n �� •. * . � Pit9n4SE0 36 Ofi P(fEUNE • I,� ti+i� � At '^ ,.. �M 1 " ��,... ,y '9� M �r � �. ~``..,'4:+*«. �,,,,yw }� ` _ x rA+cc1.n�. y.� iA iyjy'.' 't '-. �i}� t w� t ;�» '' � •Ni.� � � �+L a•;dnct'AsT:��n im nyn 4> 1 } q' 1 N »K roc [[3 ,i� z i" _ . - _ r X• ilii. X vs e cs r zr .r 4' r e - �.x, q. 0 CITY OF BE,A.UMONT APPLICATION FOR. PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON - § Business Name: Enterprise Beaumont Marine West. L.P. Business Phone_ 0710 381-8368 Business Address; Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City ofBeaumoni, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 30" Crude Pipeline crossing Hwy 69 & Hwy 347(A) Enteiprise Beaumont Marine West. L.P. hereby grants to hereinafter called "Licensee", the license io lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all, purposes. Street Name or R.O.W. Description Len ii Linear Feet TSS 69- west side in TXDOT RDW -12" wsh-1- (no RClW) SH 347- east side it) TXDOT ROW- 8" water �m ROW) SH 347 - west side in TXDOT ROW - 2" sanitary �sewe� r (rq ROW) 1 EXHIBIT "B" 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 Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: p Licensee does not intend to sell product for resale from the covered pipeline to. customers located within the City, however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be, required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The - annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within. these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (S) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or stoma drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance, Bore pits shall be backfilled according to City standards. Excavations necessary for the consti.-action, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials, All property where operations are perfornned will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a streefor roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s), p the.,pxgpg.ty involved. Written proof of said permission is to be provided tothe Ciiy as part of the application process, Approval ofthis license agreement excludes permission to do any construction on property which is not owned by the City of Beatumont. Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont, o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments, 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. (l" 2,000' City of Beaumont map or United States Geological Survey Map) 0 The, pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the 'City Fire Department and Pubhe Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. 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 and/or the Texas Department of Transportation. Permits which - allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License-Agreement.fee. (See. Cos-tof 0 Installation will be done in accordance with all City standards and statutes of the State of Texas, 4 REQUIRED COVERAGE: Licensee shall fiunish the City with a Certificate of Standard Liability .Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage. a Bodily injuries: S 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline, o Licensee shall indemnify, save and hold harmless the City of Beaumont froin any and all claims for injuries and damages to persons or property occasioned by or arising out of the constriction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o Lf the pipeline or any part thereof installed by Licensee shall be in any respect, darnageci . or._injtued ty..oz:.. auy o£, its_, ageri s o'r ernplpyees in connection with the performance of any work or repairs that may be done up on 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 R.O.W.: 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 R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate• the responsibility of the person(s) requiring the lines to be relocated. 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 work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any cantraciox. or_ihird pat ry_who . may _be. responsible for damages to Licensee's facilities. ro 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessaiy by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be perfoimed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment fiorn the jab site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi n able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the Iicense privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date tlrerein 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: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: Attn: Marc Tausend, 1100 Louisiana St. Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected :for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 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 thesepresents 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 ATTEST: N: Secretary CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: Marc D. Tausend; as Agent and Attomey-in-Fact Title \pipelines\\pipeline license agree 9 Revised 12-14-2007 CSTY OF BEADMONT TEFFMON COUNTY, TMS e ProJeCI Cott '4r Vicinity MOD -'Ar scale : 1"=1 mile Ar TATFIR 'Ar El-�4.44 COVER EJ.OX "tr 9 1.12.•NoElwArFffil F e'31 :KO3 I.Lva 11 PUIRTTNr CROSSWG Easm Soto un MU or Hrf 347 ma 19-W" �3Z-38 COVER 51pZ PROPOSED Mr LN30-05 PIPELINE "q&k . rF-PROPOSED Ir LN12-12 PIPEUNE 3534740.45 COVER 100MY 6 PROPOSED 30r LN30-a3 PIPELINE COVER 10.02! '00, ossinmasz nT G Hir-'q I N19-12 N•13951393.R2 NC 199.' 1 MW 01 HORIZONTAL GRAPHIC SCALE 200 100 .0 200 40D 600 feet OILTANKING BEAUMONT PARTNERS, L.P. CITY OF BEAUMONT UTILITY CROSSING PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM CROSSING HWY. .69/9.3 AND HWY 347 & (2)WATERUNES & (I)SEWER LINE CITY' OF BEAUMONT JEFFERSON, COUNTY, TEXAS D RAWN, BY* PK SHEET. 1 OF 1 CHECKED BY. D � 11 SCALE 17=200' APPROVED BY. -- DATE: 01/15/15 CAD FILE' 11925-01.DWG k{Napd+\114!5 OAxttJ lyrrtmanT\!104 N6TSNJ 06fNINR1'0�114iJ-JCO21RI.".YIXl�4 FSH m lw ll. N11 - IpLD;w m ' , Iv�nnttwum HEN ee_ u w .w�Tm wTu4a-n � 5 q�9 $ - Swa xfwx4aµuicc _ �riNuwsais.va Wo rNi C6 ais rTagt-ml Pa� mlietm>t �� � uxu ri aevw -g �� .B �• 1x14 rn � 83 9 g c a Z �� � a - s.c u• ravroa °�— C �� F s raer,m �� g� g • Faov.. e > am wa. a � Intl FMW."— IR3 AWW,v itll II`� E • II IIIII� F p a a Mx�4ir�— F F IYMu- � 1 A •Owo-aq A�: 6 (I A EW 8 � xa0lf mnv rl�µ-af Tanon x� I g � 41 aa�_ s vs a G K 3 t b (n CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Beaumont Marine West. L.P. BuSiness Phone: (13 381-8368 Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, `I'X 77002 The City of Beaumont, hereinafter called "City", :for and in consideration of the sum specified herein $500.00 for the 30" Crude Pipeline crossing Hwy 69 & Hwy 347 (B) Enterprise Beaumont Marine West. L.P. hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove apipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described inExhibit "A" attached hereto and made apart hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) CJS 69- west side_i1, TX DOT R QW -1 T' vvata- (no ]ROW) SH 347- east side in TXDOT ROW- 8" wa.1w. 010 R03m) SH 347 - west side in TXDOT ROW - 2" sanitary sewer (na ROW) 1 EXHIBIT "C" COST OF LICENSE: Licensee shall mance 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 Engineering Division and payable to the City of Beaumont prior to construction, This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 0 Licensee does not intend to sell product for resale from the covered pipeline to. customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report: such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights-of-way shall be bored from right-of-way Line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. e The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. " 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade daring constraction 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 constniction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be. restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a streefor roadway be allowed. All barricading must be by permit and approved by the City (public Works Department) in advance. c Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the _........_......owner(sa of pxoperty_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) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. Q Licensee shall provide copies of all necessary agreements to be obtained froam other City Departments. Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. d A map showing the location of .the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation, o Permits which allow lines to be maintained or constructed in City right-of- way ight-ofway shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License.Agreementfee. (See .,Cost ,of License)..__........... o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUMED COVER -AGE: 0 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: 0 Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident 0 Properly Damage: $1,000,000.00 Such insurance shall be. maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance, 0 Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries aid 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 Q(y ox„ a��y..af_ its_. agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for 'any such damage or injuries so sustained by it, however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City, QT -HER CONSTRUCTION MAINTENANCE WITHIN' R.O.W.: City will use its best efforts to notify Licensee of any proposed construction mid/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance, permitted by the City and within' the R. O.W. involved with this license will be, the responsibility of the, company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone, number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) xequiring the lines to be relocated. - 0 City reserves the Tight to Jay, and to permit to be laid, sewer, gas, water mid other pipes and cables, and to do or permit to be done any underground work that may be deemed to be -necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Reaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensees rights to recover damages against any y-Wkq. May.hq responsible for da ages to Licensee's facilities. 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transpoitation, Licensee shall be reimbursed :fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, mance such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way, ight--ofway. 11 NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. p Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment frons the job site to permit the City to mance an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, acid the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name. of Licensee:, Enterprise Beaunxont Marine West, L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: Attn: Marc Tausend, 1100 Louisiana St. Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City, There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas; has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of _ , A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P: Represented by: Marc D. Tausend; as Agenttaud Attorney -in -Fact Title ATTEST: By: Secretary \pipelines\\pipeline license agree 9 Revised 12-14-2007 XAS Al 10. 44, vicinity Map scale : 1"=1 mile Ar -A 'Ar AeA 00& PIPELME CROSSMG MM, WWM r-4ST 017 M $47 iii. ME WEST OF gwr COVER wmx 347 @ 91919.03- PROPOSED 30' LN30-05 PIPELINE PROPOSED ILO LN12-12 PIPELINE F--3W4740.42F PROPOSED 30" LN30-01 PIPELWE O CU i& 10 PIMIM CR11"al WaST, WATRRIWS RST OF M89/98 COYER 4=* 0 934179.00 COVER 44.60' c4mamm Mee W, ft. b -01(tarddng OILTANKING BEAUMONT PARTNERS, L.P. CITY OF BEAUMONT UTILITY'CROSSING HORIZONTAL GRAPHIC SCALE PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM 200 100 0 200 400 600 feet CROSSING HWY.' 69/93 AND HWY 347 & (2)WATERUNES & (I)SEWER LINE 6m -...i CITY OF BEAUMONT JEFFERSON 'COUNTY, TEXAS S EEr. I OF 1 SCALE . CnHF.!CNi ED BY: DES If -1"=2GO' [IAPPROVED BY DATE: 01/15/15 0 p ND FILE: 11925-01.DWG � �t'c; "ct ��`' •' � a� a"Er i �t i � 'y''`� r��+'tirs� -.� ���,7. •fx �. ter' '"�� , =�r;.. k I CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Beaumont Marine West. L.P. Business PIIOne: 719 381-8368 Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 12" Process Water Line crossing Hwy 69 & Hwy 347 hereby grants to Enterprise Beaumont Marine West. L.P. hereinafter called "Licensee", the license io lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situa1ed-i.4 Ae,_C,iiy of Beaumont, Jefferson' County, Texas, and being more particularly described in Exhibit" ,`attachedhereto and made apart hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feetl TJ_ S 69- west side in TXl OT—ROW,12" water (na 12fiME) SI -I 347- east side in TXDOT ROW- S" water Enc RO)Y) SH 347 - west side in TXDOT ROW -- 2" sanitary sewer I11Q_RQWI m 1 EXHIBIT "D" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot ofpipeline located within Cityproperty. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (sde page 8). GENERAL CONDITIONS: o Licensee doesnot 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 public rights-of-way shall be bored from right-of-way line to right -of --way line. 'Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 The pipeline shall be installed a minimum of five (S) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch _grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. 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 Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result ofthis installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a streef or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the ownery(s) o #ho.propexiy__involved, .Written proof of said permission is to be provided to the City as part of the application procoss. Approval of flus 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) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. a Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private properly. o A map showing the location of the proposed pipeline shall be provided. (1 2,000' City of. Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall frilly 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 and/or the Texas Department of Transportation. 0 Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License.Agreement.fee. (See,Cost,of License) .... .... ..._... o Installation will be done in accordance with all City standards and statutes of the State of Texas. M REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: 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, Licensee shall indemnify,` save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any _ .................respect. dar�aagecl.or.. njtued _oy..City or..aaiy..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 stall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONS` RUCLION/MAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R. O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Depar(ment of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City RAW, 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 flame shaft alleviate. - the responsibility of the person(s) requiring the lines to be relocated. City reser ves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to - be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; It being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover dainages against any cOntraqtor.Qi_thirdPaAtY-Wkc!.r4ay.bq 0� en responsible for damages to Licensee's facilities. — — - 1. I — - — — — , — — - - M. 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. ight-ofway. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department •- Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license, Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such w-nounts will be reimbursed to the City. Q Licensee shall notify the Engineering Division 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. 7 SPECIAL CONDITIONS: Nonassi gng able THs license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall _give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date. therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name. of Licensee: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: Attn: Marc Tausend, 1100 Louisiana St. Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. PTPP,LTN'R CROSSING W -'-T. X&TEnWE EAST OF Elff 347 r>5� &1� I.LfflIEW "MIVEIR'"ffir .11 0-1111� IMH1.11sy 'Ar r1 LNSd-0t Eff w9f PrPMWR CROSSlyr Eam SEM LWE EM OF HWY 147 .jEW,32-V COVER 19nox z a go, 4 ff en a F 0* Lb 4; PrPRam C]Yj s ot� IN30-05 til1.10. w ,1vo Po EZ_ j_ t. W-4-tou to&06 p D35MI83 COVER 40.37 P 06, % % HORIZONTAL GRAPHIC SCALE 200 100 0 200 400 600 feet lsr>, 4, eOG HO S 1% �4 PROPOSED W' LN30-05 PUMME 1-4 �z PROPOSED 12" LN12-12 PIPELINE PROPOSED 30' LN3D-01 PiPEME bolunildng I OILTANKING BEAUMONT PARTNERS, L.P. I CITY ;DF BEAUMONT UTILITY CROSSING - PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM CROSSING HWY. 69/93 AND HWY 347 & (2)WATERLINES & (1)SEWER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS 'DRAWN BY. PK SCALE SHEET I OF I J.—Mm �WVMWAI— CHECKED BY. DES 11 1 1!=200, APPROVED BY: DATE. 01/15/15 CAI) FILE' I I §25—Ol.DWC; CITY. OF BEAUMONT' JEFFERSON COUNTY. TEXAS 4,N �p 00 \61cinjity Mao scale, : 1"=1 mile PTPP,LTN'R CROSSING W -'-T. X&TEnWE EAST OF Elff 347 r>5� &1� I.LfflIEW "MIVEIR'"ffir .11 0-1111� IMH1.11sy 'Ar r1 LNSd-0t Eff w9f PrPMWR CROSSlyr Eam SEM LWE EM OF HWY 147 .jEW,32-V COVER 19nox z a go, 4 ff en a F 0* Lb 4; PrPRam C]Yj s ot� IN30-05 til1.10. w ,1vo Po EZ_ j_ t. W-4-tou to&06 p D35MI83 COVER 40.37 P 06, % % HORIZONTAL GRAPHIC SCALE 200 100 0 200 400 600 feet lsr>, 4, eOG HO S 1% �4 PROPOSED W' LN30-05 PUMME 1-4 �z PROPOSED 12" LN12-12 PIPELINE PROPOSED 30' LN3D-01 PiPEME bolunildng I OILTANKING BEAUMONT PARTNERS, L.P. I CITY ;DF BEAUMONT UTILITY CROSSING - PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM CROSSING HWY. 69/93 AND HWY 347 & (2)WATERLINES & (1)SEWER LINE CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS 'DRAWN BY. PK SCALE SHEET I OF I J.—Mm �WVMWAI— CHECKED BY. DES 11 1 1!=200, APPROVED BY: DATE. 01/15/15 CAI) FILE' I I §25—Ol.DWC; T. V6, 71" Itl,Y'r 7? 40 P't 'AZ qei 11 W4111 InT, Az� go gig ON Mu ­%KU 1 4 - f �- IBM I 1/f 4 IN J,, 41-b low var 1 i�t 'Wl 11 Ina, �NM -ULM' Iq 1r, I Ze - 12 dL _r CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Enterprise Beaumont Marine West LP (713) 381-8368 Business Name: Business l?hone:�. , Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for anal in consideration of the swu specified herein $500.00 for the e Utility Conduit crossing West Port Arthur Road)' hereby grants to Enterprise Beaumont Marine West LP hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove apipeline for the transportation ofoil, gas, 'water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all pml)oses, Street Narne or R.O.W. Description Len tgikh (Linear Feet, West Port Arthur Road - east side in UPRRROW-12"&16 sanitarysewer and 20" water (no ROW) EXHIBIT "E" COST OF LICENSE: Licensee shall matte payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot ofpipeline located within Cityproperty. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to complywith the following may result in termination of agreement (see page 8). GENERAL CONDITIONS. Licensee does not intend to sell product for resale Rom 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 thepayment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public rights-of-way shall be, bored fiom right-of-way line to right-of-way line. 'Within these limits, the pipeline shall be protected by casing or other method approved by the City anti/or the Texas Department of Transportation. The pipeline shall be constructed in such a imaimer as approved by the City so as it does not interfere with the use of the City property. a The pipeline shall be installed a minimum of five (S) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and Imes shall be indicated on reap submittal, as well as depth of proposed pipeline (seepage 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines; or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance, Bore pits shall be baclfilled 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 Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be. kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when, necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a streefor roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance, 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 ofthe 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) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. a Licensee shall provide copies of all necessary agreements to be. obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure orrelease ofproduct 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 and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: Licensee shall :furnish the City with a Certificate of Standard Liability .insurance, including bodily injuries and property damage, naming the City of Beauunont as an Additional Insured. Such policy shall provide for the following mininnunl coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident e Property Damage: $1.,000,000.00 Such insurance shall be maintained in force and effect during the consti uction 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 fiom, 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 aperiod of one (1) year from the date of completion of construction of the pipeline. e Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising fiorn actions taken or occurrences under this license agreement. o If the pipeline or any past 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 claire 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 WITFQN R.O.W.: e City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R 0. W. involved with this license will be the responsibility of the company obtaining said pe mit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or pernitting 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 orthirdpartywho may be responsible for damages to L'icensee's facilities. 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or constructibia of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed ;fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be squired due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. ight-ofway. NOTMICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. ,Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. e Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the j Db site to permit the City to make, an inspection. SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with retina receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Lntexprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St. Attn: Marc Tausend Attn: City Manager City and State of Licensee: Houston TX 77002 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 Cleric APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Repre ented by: Marc D. Tausend, As Agent and Attorney -in -Fact Title ATTEST: By: Secretary �X � :y CTI'Y of BEAAMONT � � J JEFFERSON 'ooIINTY. TEXAStyL'�6`+ IlWt. Pra}aCl. •a • 'h• : 6v4�.F.rr ✓"� PROPOSED 36' • Location. "' • , ' 'f,' ¢ �'. `P,,� •`� LN36-06 PIPaINE Vicinity Map �d scale': 1"=1 mile dao {Qj�anN ARY SEVERS C NO � � 4 A. PROPOSED W36-06 PIPELINE HXfST. se" TRT'R'4' cumu:R 'BAST OF TiHY 93, AN IIP.R,R. NA LN36-O6 Mt36a47aA:2A Ze063.O5 COYER 46t ` �" O ltanldng PIPEfJNS GROSSING' M= W BANtCARY SRWRR OILTANE NG BEAUMONT PARTNERS, L.P. '�I' OF rirflC RS AND II.P.R.R. 6 - E3SR8 B. COYER 46t } PIPEr3NR OROssINc.GIN OF BEAUMONT L$°RL[iY CROSSING Extsr„ xAt�R PROPOSEDCRUDE OIL EXPANSION PIPELINE _SYSTEM HORrZONTAL'GRAPHIC SCALE EAST OF H" 93 AND xRsr of n.P.R.R. CROSSING HWY. 93 (W. PORT ARTHUR RD.) &(2) SEWER- LINES & (1) WATER LINE zoo 100 O 200 400 600 feetc CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS F-27..aS COYER 46' —m—Y. DRAWN. BY: PK SHEET '1 OF 1 rb [n0.MRAIDnR1VB ;CHECKED BY: DES 11 SCALE 1"=240` 3tams P Hebert Inc '1O0SiD1FA FUZ s.mt mu�ixzsrazexxrnr. 'APPROVED BY: -- DATE. 01/23/15 A' O 23 SS ISSUED FOR " K AoaaoN,7ae+. NO. DATE REVISION BY APP T"'i41O0P"u"'31p'N" CAD FELE: 11923-O1.DWG No Text CITY OF BE, AUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE ,STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Beaumont Marine- BuWest LP (7.13) 381_8368 sil�.ess Phone: . ; • _ Business Address; Attn: Marc D. Tausend, Land Department 13,12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for: and in consideration of the sum $500.00 for the 4" Utility conduit crossing Hwy 69 & Hwy 347 specified herein hereby grants to Enterprise Beaumont Marine.West LP hereinafter called "Licensee", the license fo lay, maintain, operate, replace, or remove apipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Stmet Name or R.O.'W. Description Lea h (Linear Feetl US 69- west side in TXDOT ROW -12" water (no ROW) SH 347- east side in TXDOT ROW- 8" water (no ROW) SH 347 - west side in TXDOT ROW - 2" sanitary sewer (no ROW) EXHIBIT "F" COST OF LICENSE: Licensee shall malce payment to the City of Beaumont as follows: e License Agreement fee - $500.00 e Annual fee of $2.25 per linear foot ofpipeline located within Cityproperty. 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 Nees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: e Licensee does not intend to sell product for resale from the covered pipehile 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 thepayment of such fee will be those as lawfully established by the ordinances of the City, o All pipelines crossing public rights-of-way shall be bored from right-of-way line to right-of-way line. Within these Iimits, the pipeline shall be protected by casing or other method. approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. p The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or stonn drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shalt be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits sli.all 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 Engineering Division and/or the Texas Department of Transpoilation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be, borne by the owner of this line. Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street -ox roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. 0 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 -ihe City of Beaumont. Any Iicenses, permits or ageements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, thea documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from oilier City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (I 11=2,000' City of Beaumont snap or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the 'City Fire Department and Pablic Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation., The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Tetras Department of Transportation. Q Permits which allow lines to be maintained or constructed in City light-of- way ight-ofway shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is ill addition to this License Agreement fee. (See Cost of License) a Installation will be done in accordance with all City standards and statutes of the State of Texas. RE Q-UTRED. COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and properly damage, naming the City of Beaumont as an Additional insured. Such policy shall provide :for the following minimum coverage: c 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 cartifxcate 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 aperiod of one (1) year fi om the date of completion of construction of the pipeline. 0 Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, off vers 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 ally 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 R.O.W.: City will use its best efforts to notify Licensee of any proposed construction anal/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction anal/or maintenance permitted by the City and within the R.O. W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mails the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all tunes. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate • the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that -nay be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood thatnothing 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. I . b e Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or constructioii of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by .the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street , alley, easement or other right-of- way, ight-ofway, NOTIFICATIONA SPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. e Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services .may be billed to the Licensee and such amounts will be reimbursed to the City. p Licensee shall notify the Engineering Division at least forty eight (48) hours prior to completion of work and removal of equipment (torn the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassigiiable 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 hereimder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise Beaumont Marine West, L.P. P.O. Box 3827 Beaimont, Texas 77704 Address of Licensee: 1100 Louisiana St. Attn: Marc Tausend Attn: City Manager City and State of Licensee: Houston, TX 77002 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 Cleric APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Repr ented by: o� • 1 Marc D. Tausend, As Agent and Attornery-in-Fact Title ATTEST: By: Secretary 67 — m.7!. --?u" p,c " i. 3'.na - I— JAW 46 v 1 L 5tF I Z:4, —i. 44 fit, M smom TiTy 1 LA mum - JAW 46 v 1 L 5tF I BUFMON C9 r V4 Vicinity Map scale , 1"=1 mile S FL CROSSMG FMST, IRMUNR RAST OF }IRF 347 •A 0- W534WA;- Com v L Oz s 22 No. 19!iff 0 COVER 100.03' M30 -M �M%w COVER e.3.0Y DIY CROSSING E=. VATERLM REST OF mnr 80101 & E. 0% ' COVER "1-31 6WR % 1W. b• ;k on (Damm -m- WIN. ' ;b";,. q-11 o14 A v, .0.11tunIdng OILTANKING. BEAUMONT PARTNERS, L.P. CITY OF BEAUMONT UTILITY CROSSING PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM HORMONTAL GRAPHIC. SCALE CROSSING HWY. 69/93 AND HWY 347 & (2)WATERLINES & (1)SEWER LINE 200 100 0 200, 400 600 -feet CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: PK SHEET: 1 OF 1 CHECKED BY; DES 11 SCALE =Moriis.P. Hebert IDG. 3IOU530NYACfUI7. 'APPROVED BY. DATE:,01/15/15 CAD FILE: 11925-01.DWG MPELTNE CROSSM0 DGM mm Lm Im OF HWY LuQ=m•_ 9 _ql+ a3m47=38 PROPOSED -X' LN30-05 PIPELINE L 74(4F •PROPOSED Ir LN12-12 PIPELINEn'1SJ14_'- C. PROPOSED 3W LN30-01 PIPELME 'Ti 'L E�&RIM COYER OT q CROSSING E=. VATERLM REST OF mnr 80101 & E. 0% ' COVER "1-31 6WR % 1W. b• ;k on (Damm -m- WIN. ' ;b";,. q-11 o14 A v, .0.11tunIdng OILTANKING. BEAUMONT PARTNERS, L.P. CITY OF BEAUMONT UTILITY CROSSING PROPOSED CRUDE OIL EXPANSION PIPELINE SYSTEM HORMONTAL GRAPHIC. SCALE CROSSING HWY. 69/93 AND HWY 347 & (2)WATERLINES & (1)SEWER LINE 200 100 0 200, 400 600 -feet CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS DRAWN BY: PK SHEET: 1 OF 1 CHECKED BY; DES 11 SCALE =Moriis.P. Hebert IDG. 3IOU530NYACfUI7. 'APPROVED BY. DATE:,01/15/15 CAD FILE: 11925-01.DWG , 1 I j`' T:: _'. 5> t z4f34 ti ;iii=: ti?Y's: a+ 14d` ce?) 'J .S E iCE7C L!,;S'. l73-+„ .... ;4FY2: °'y:�4s-_ srt cliew focused solutions April 8, 2015 Overnight Delivery City of Beaumont 801 Main - 2nd Floor Beaumont, Texas 77701 (409) 880-3725 Attn: Mrs. Antoinette Hardy RE: Enterprise Beaumont Marine West, L.P. Proposed 4" utility conduit City of Beaumont Permit Application Mrs Hardy: has F I O ,r,f _d: S-i s >ikR?ton, io, Tit j :stry :fait 'A On behalf of Enterprise Beaumont Marine West, L.P., I have been appointed as their agent in obtaining the necessary permits for the above referenced-, project. Enterprise Beaumont Marine West, L.P. respectfully requests permission to install a 4" utility conduit within the city limits of Beaumont as more fully shown on the attached set of plats. The 4" utility conduit will cross a 20" water line within TXDOT Right of Way and both a 12" and 16" sanitary sewer lines within UPRR Right of Way. Enclosed is one (1) original application package and three (3) copies of the application package. Also enclosed is a check in the amount of $500.00 to pay for the license fee for the application package, as well as the bond in the amount of $1,000,000. Please send permit and/or all correspondence to Morris P. Hebert, Inc.; Attn: Gretchen Brown, 10101 Southwest Freeway, Suite 620, -Houston, TX 77074. -Should you have- any questions or require additional information, please do not hesitate to contact me at (713) 219-4415 or at gbrown@mphine.com. Enclosures Sincere y%I ,'--) Gretchen S. Brown Regulatory Project Manager CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Beaumont Marine - Business Phone:_ West LP (713) 381-8368 Business Address: Attn: Marc D. Tausend, Land Department 13.12,1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 4" Utility Conduit crossing West Port Arthur Road hereby grants to Enterprise Beaumont Marine West LP hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove apipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described inExhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet West Port Arthur Road - east side in UPRR ROW-12"&16" sanitary sewer and 20" water (no ROW) 1 � . I 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 ofpipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City, of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 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 public rights -of --way shall be bored from right-of-way Eno to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backClled 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 Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. • i 0 Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a streef or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. 0 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) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. 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. (i 11=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. `Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to begimung maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. M REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate' shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified,without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod 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, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it, however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITEIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. 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 work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. R 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. I NOTIFICATION/ANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by. a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative wi11 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 Engineering Division 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. 7 SPECIAL CONDITIONS: NonassigLiabl 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:. Enterprise Beaumont Marine West, L.P. P.O. Box 3827 Beaumont., Texas 77704 Address of Licensee: .I 100 Louisiana St.. Attn: Marc Tausen Attn: City Manager City and State of Licensee:-Hpuston, TX 770 . 02 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. I 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 S. IN ATTEST: By: Secretary CITY OF BEAUMONT, TEXAS By: _ L . Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: / Marc D. Tausend, As Agent and Attorney -in -Fact Title if{�i;)Srti.`,;r 1_X t'iGftt 4 lttsc]1 tic��ihF,`�st �tce::t.} SGFtf die i ki V'USttin' TX ;'07.3 ::{ 5vivey €im) Rogi;tral: n: 10142100 T:? 1:4Fi;fc:a'ftrTi; liralRc i'.,roluon' F 81-1 9 .rdd'yr�Q c 7 itas7 � 57 11 !1 C7 67 ® M X7 N Norrss R Hobert, Inc. client focused solutions April 8, 2015 City of Beaumont 801 Main - 2nd Floor Beaumont, Texas 77701 (409) 880-3725 Attn: Mrs. Antoinette Hardy RE: Enterprise Beaumont Marine West, L.P. Proposed 30" Crude Pipeline - B City of Beaumont Permit Application Mrs Hardy: llouma, iA t orpot to 00;<e .itl'onio, i X Cl3ton Ro:i"be, IA Clinton, INJ On behalf of Enterprise Beaumont Marine West, L.P., I have been appointed as their agent in obtaining the necessary permits for the above referenced project. Enterprise Beaumont Marine West, L.P. respectfully requests permission to install one 30" crude pipeline to be installed with a second 30" crude pipeline, one 12" water line , a and a 4" utility conduit within the city limits of Beaumont as more fully shown on the attached set of plats. The proposed lines will cross both 12" and 8" water lines within TXDOT Right of Way and a 2" sanitary sewer line within no Right of Way. Enclosed is one (1) original application package and three (3) copies of the application package. Also enclosed is a check in the amount of $500.00 to pay for the license fee for the application package, as well as the bond in the amount of $1,000,000. Please send permit and/or all correspondence to Morris P. Hebert, Inc.; Attn: Gretchen Brown, 10101 Southwest Freeway, Suite 620, Houston, TX 77074. Should you have any questions or require additional information, please do not hesitate to contact me at (713) 219-4415 or at gbrown@mphine.com. Sincerel , Gretchen S. Brown Regulatory Project Manager Enclosures CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON Business Name: Enterprise Beaumont Marine West. L.P. Business Phone: C713 381-8368 Business Address--Attn: Mare D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum 1 $500.00 for the 30"' Crude Pipeline crossing Hwy 69 & Hwy 347 (B) specified herein Enterprise Beaumont Marine West. L.P. hereby grants to hereinafter called "Licensee", the license to Jay, maintain, operate,, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the, City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet US 69- west side in TYDOT R OWwj T' water (no _R QMZ) SH 347- cast side in TXD_0T ROWn 9 " water (no R QW) SH 347 - west side in TXDOT ROW - 2" sanikr$E se-wer P ]�Dffio I COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: 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 Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 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. o All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. �, 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits sliall 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 Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street' or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the .. owner(§). 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. J 3 Any licenses, pen -nits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. 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. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) 0 The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. 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. 0 The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License -Agreement. -fee. (See..Cos of Licen Installation will be done in accordance with all City standards and statutes of the State of Texas. El REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. 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 aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any or..any..gf its agents or. employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it, however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: 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 R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be. provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. 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 work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractox_or third party_who . may .be responsible for damages to Licensee's facilities. 1.1 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONAINSPECTION: Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City . representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (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: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: Attn: Marc Tausend,1100 Louisiana St. Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 A EST: Xr� -. City Clerk p 41, 4f�Ay ®LUs N� ft—�,�O o ATTEST: Secretary \pipelines\\pipeline license agree 0 CITY OF BEAUMONT, TEXAS By:— L I Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: Marc D. Tausend; as Agent and Attorney -in -Fact Title Revised 12-14-2007 ti4?'t1S.i n�,t,.l;.t7t i tC_£ WWI Soufl11 i:5i rleev.'at 5?r„o L':ca 1-tc: wt l n, IX 7707-1 F'13nni': 713# 739 1470 IX t!, cy titm ticeizt,Mi<>n: 10I. M,1) TX Ftt .n; ctitt Firm Rr ?siraii at; F set3;t Lz7 TAT b VU m Morris P Hebert, Inc. client focused solutions April 8, 2015 City of Beaumont 801 Main - 2nd Floor Beaumont, Texas 77701 (409) 88073725 Attn: Mrs. Antoinette Hardy RE: Enterprise Beaumont Marine West, L.P. Proposed 30" Crude Pipeline - A City of Beaumont Permit Application Mrs Hardy: P�i€r(i !ftCAI ION t outn , -A- Corporate ,Nke Sant Anttii.i?.., TX Bitc,r Rouge, 1A i itf7it?f1, �t On behalf. of Enterprise Beaumont Marine West, L.P., I have been appointed as their agent in obtaining the necessary permits for the above referenced project. Enterprise Beaumont Marine West, L.P. respectfully requests permission to install one 30" crude pipeline to be installed with a second 30" crude pipeline, one 12" water line, and a 4" utility conduit within the city limits of Beaumont as more fully shown on the attached set of plats. The proposed lines will cross both 12" and 8" water lines within TXDOT Right of Way and a 2" sanitary sewer line within no Right of Way. Enclosed is one (1) original application package and three (3) copies of the application package. Also enclosed is a check in the amount of $500.00 to pay for the license fee for the application package, as well as the bond in the amount of $1,000,000. Please send permit and/or all correspondence to Morris P. Hebert, Inc.; Attn: Gretchen Brown, 10101 Southwest Freeway, Suite 620, Houston, TX 77074. Should you have any questions or require additional information, please do not hesitate to contact me at (713) 219-4415 or at gbrown@mphine.com. Siirewo—O--Y� Gretchen S. Brown Regulatory Project Manager Enclosures i ar CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON - § Business Name: Enterprise Beaumont Marine West. L.P. Business Phone:_ Ql1 381-8368 Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 30" Crude Pipeline crossing Hwy 69 & Hwy 347 (Ati) Enterprise Beaumont Marine West. L.P. hereby grants to hereinafter called "Licensee", the license io lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following properly situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length aLmear Feet US 69- west side in TXDOT ROW-17." water Cnn R(l E) SH 347- east side in TXDOT ROW- 8" water (no ROMO SH 347 - west side in TXDOT ROW - 2" sanitary sewer o ROW) 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the - Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 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. o All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be 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 five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. 0 Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the 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. l M L- o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks , or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License_Agreement_.fee. (See._ Cost_ of License).._.___. o Installation will be done in accordance with all City standards and statutes of the State of Texas. 0 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 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 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. 0 . If the pipeline or any part thereof installed by Licensee shall be in any _ _—......._..._.respect.damaged.or._injured_by,.City..or..dny of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: 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 R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee -to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. 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 work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any _ ..... contractor_or_third party_who . may.be responsible for damages .to Licensee's facilities. R 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by. City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name. of Licensee: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: Attn: Marc Tausend,1100 Louisiana St. Alin: City Manager City and State of Licensee: Houston, TX 77002 Upon , cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and a1I monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 "o ® � soap, W ATTEST: By: Secretary \pipelines\\pipeline license agree E CITY OF BEAUNT, TEXAS By: Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: �• � Marc D. Tausend; as Agent and Attoiney-in-Fact Title Revised 12-14-2007 Li OILg �L"N_a& �It wa ,620.1 soutivvvest Treeway $IAte 620 floalloil, Ti 770111 Phone. 713­21q-1470 TX -Sum�ev Fluty R "400(atiofi. 10142100 IX Eftgina-Wnv� f4m Reg.'IW6011: F-8039 'sw= N morris A Hobart, Inc. ojient focused solutions , tr- April 8, 2015 Overnight Delivery City of Beaumont 801 Main - 2nd Floor Beaumont, Texas 77701 (409) 880-3725 Attn: Mrs. Antoinette Hardy RE: Enterprise Beaumont Marine West, L.P. Proposed 36" Crude Pipeline City of Beaumont Permit Application Mrs Hardy: KPKIMA, tA - Corporate offif e San Anto&io, TY 6,ftn rlotq;�� LA Vintao' X%'J On behalf of Enterprise Beaumont Marine West, L.P., I have been appointed as their agent in obtaining the necessary permits for the above referenced project. Enterprise Beaumont Marine West, L.P. respectfully requests permission to install a 36" crude pipeline within the city limits of Beaumont as more fully shown on the attached set of plats. w The 36" pipeline will cross a 20" water line within TXDOT Right of Way and both a 12" and 16" sanitary sewer lines within UPRR Right of Way. Enclosed is one (1) original application package and three (3) copies of the application package. Also enclosed is a check in the amount of $500.00 to pay for the license fee for the application package, as well as the bond in the amount of $1,000,000. Please send permit and/or all correspondence to Morris P. Hebert, Inc.; Attn: Gretchen- Brown, 10101 Southwest Freeway, Suite 620, Houston, TX 77074. Should you have any questions or require additional information, please -do not hesitate to contact me at (713) 219-4415 or at gbrow,n@mphine.com. S'MC Gretchen S. Brown Regulatory Project Manager Enclosures CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Beaumont Marine West. L.P. Business Phone: 7713 381-8368 Business Address: Attn: Marc Tausend, Land Department 13.12, 1100 Louisiana Street, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 36" Crude Pipeline crossing West Port Arthur Road hereby grants to Enterprise Beaumont Marine West. L.P. hereinafter called "Licensee", the license fo lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length linear Feet West Port Arthur Road - east side in UPRR ROW-12"&16" sanitary sewer and 20" water (no ROW) 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 Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 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. o All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. I', 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural - drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. 0 Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a - condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the ....owner(s)_ of the_.property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval ofthis license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. 3 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public 'Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License -Agreement -fee. (See ,Cost _of License). o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. 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 from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, 'repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or any part thereof installed by Licensee shall be in any or_.injured .by,_Citydny. of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 1 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 iri the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: 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 R.O.W. involved with this license. ., Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate • the responsibility of the person(s) requiring the lines to be relocated. 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 work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not- be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party_who . may.be responsible for damages to Licensee's facilities. 3 M o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said. street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. 11 NOTIFICATION/INSPECTION: Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name.of Licensee: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 1100 Louisiana St. Attn: Marc Tausend Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 A�j v ! U ATTEST: By: Secretary \pipelines\\pipeline license agree X CITY OF BEAUMONT, TEXAS By: L I L- Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: Marc D. Tausend, as Agent and Attorney -in -Fact Title Revised 12-14-2007 tIm,;tE.IX TX =t,: Satitc c r� ttctrsirys,TX 7707.1 713 M- 470 i i St:r .ef iitd:: F r'i=?;eti.3tt: 10142100 iX Eo; j ,coin:;; Firm Rcr',I;trailow t 80319 r3 to, I97 `nv H7 'ice Lam' U72 [3 [� �� ED bo 110drris JR rVeb rt, Inc. client focused solutions April 8, 2015 City of Beaumont 801 Main - 2nd Floor Beaumont, Texas 77701 (409) 880-3725 Attn: Mrs. Antoinette Hardy RE: Enterprise Beaumont Marine West, L.P. Proposed 12" water line City of Beaumont Permit Application Mrs. Hardy: Houma, iA - CilrporJt0O ti,o wn,�ntorrio, IX B_ltp t Ro tge, 1 A Oinkm, NJ On behalf of Enterprise Beaumont Marine West, L.P., I have been appointed as then agent in obtaining the necessary permits for the above referenced project. Enterprise Beaumont Marine West, L.P. respectfully requests permission to install one 12" water line to be installed with two 30" crude pipelines and one 4" utility conduit within the city limits of Beaumont as more fully shown on the attached set of plats. The proposed lines will cross both 12" and 8" water lines within TXDOT Right of Way and a 2" sanitary sewer line within no Right of Way. Enclosed is one (1) original application package and three (3) copies of the application package. Also enclosed is a check in the amount of $500.00 to pay for the license fee for the application package, as well as the bond in the amount of $1,000,000. Please send permit and/or all correspondence to Morris P. Hebert, Inc.; Attn: Gretchen Brown, 10101 Southwest Freeway, Suite 620, Houston, TX 77074. Should you have any questions or require additional information, please do not hesitate to contact me at (713) 219-4415 or at gbrown@mphine.com. Sincer y Gretchen S. Brown Regulatory Project Manager Enclosures CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: Enterprise Beaumont Marine West. L.P. Business Phone:_ Ql1 381-8368 Business Address: Attn: Marc D. Tausend, Land Department 13.12,1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 for the 12" Process Water Line crossing Hwy 69 & Hwy 347 hereby grants to Enterprise Beaumont Marine West. L.P. hereinafter called "Licensee", the license fo lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated -ilk. the,C,ity of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit="A"attached hereto and made a part hereof for all purposes. , Street Name or R.O.W. Description Leri tg_h (Linear Feet US 69- west side in TXDOT POW-17" water (no ROM4 SH 347- east side in TXDOT ROW- 8" water (no ROMO SH 347 - 'west side in.TXDOT ROW - 2" sanitary sewer (no ROW) 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: 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 Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 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 public rights -of -way shall be bored from right -of way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. 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 Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a streef or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. 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_ihe..property involved. Written proof of said permission is to be _.. provided to the City as part of the application process. Approval ofthis license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. 3 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License_Agreement.fee. (See Cost.ofLi.cense) _. o Installation will be done in accordance with all City standards and statutes of the State of Texas. 2 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 o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. 0 Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any _ _..... ............respect. damaged.or.. injured _by._City..or. any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: 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 R.O.W. involved with this license. -\ Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. - 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 work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who . may .be responsible for damages to Licensee's facilities. n 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name.of Licensee: Enterprise Beaumont Marine West. L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: Attn: Marc Tausend, 1100 Louisiana St. Attn: City Manager City and State of Licensee: Houston, TX 77002 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. 'In the extent of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Cleric, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS By: L I --L-- Kyle Hayes, City Manager l APPLICANT'S COMPANY NAME: (Licensee) 4� Enterprise Beaumont Marine West. L.P. U 6990.E ®® Represented by: e X•� ATTEST: -10 Secretary \pipelines\\pipeline license agree E Marc D. Tausend," as Agent and Attorney -in -Fact Title Revised 12-14-2007 APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Enterprise Beaumont Marine West LP (713) 381-8368 Business Name: Business Phone:_ ; Business Address: Attn: Marc D. Tausend, Land Department 13.12, 1100 Louisiana, Houston, TX 77002 The City of Beaumont, hereinafter called "City", for and in consideration of the sum $500.00 for the 4" Utility conduit crossing Hwy 69 & Hwy 347 specified herein hereby grants to Enterprise Beaumont Marine.West LP hereinafter called "Licensee", the license fo lay, maintain, operate, replace, or remove apipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet US 69- west side in TXDOT ROW-12" water (no ROW) SH 347- east side in TXDOT ROW- 8" water (no ROW) SH 347 - west side in TXDOT ROW - 2" sanitary sewer (no 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 Cityproperty. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: 0 Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing public itights-of way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. - Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a streef or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (I "=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. 0 Licensee shall have in force with the City a surety bond in the principal amount of $1,600,000.00. 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 aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or. any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 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 WITHINR.O.W.: 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 R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted, to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate -the responsibility of the person(s) requiring the lines to be relocated. - 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 work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. n 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. I NOTIFICATIONANSPECTION: Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassi ng_able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Name of Licensee: Enterprise Beaumont Marine West- L.P. P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee:1100 Louisiana St. Attn: Marc Tausend Attn: City Manager City and State of Licensee: Houston, Tx 77002 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 a. .1 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. 24 ATTEST: By: Secretary CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Enterprise Beaumont Marine West. L.P. Represented by: Marc D. Tausend, As Agent and Attornery-in-Fact Title