Loading...
HomeMy WebLinkAboutRES 19-017RESOLUTION NO. 19-017 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to grant four (4) Utility Crossing Agreements to ExxonMobil Oil Corporation, substantially in the form attached hereto as Exhibit 'A," to install a ten and three quarter inch (10.75") pipeline which is intended to transport light cycle oil. This pipeline will cross one (1) six inch (6") water line and one (1) eight inch (8") gravity sewer line located along Spindletop Road.' Said pipeline is to be constructed in compliance with City requirements. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of January, 2019 o� P - or Becky Ames - APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ,,ExxonMobil OR Corporation Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399 V The City of Beaumont hereinafter called "City", for and in consideration, of the sum specified herein $500.00 application fee plus $409.50 (182 linear feet for a total of $909.50 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Sulphur Drive 182 linear foot 1 EXHIBIT "A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. • The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. , Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire 3 Department and Water Utilities 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. • Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUMD COVERAGE: • Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: • Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident • Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. • Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. 4 • Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, its agents, officers or employees, arising from actions taken or occurrences under this license agreement. • If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: • City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. �1 • City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. • Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATION/INSPECTION: • Any and all work to be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. • Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. • Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 2 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Homeman Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS im ATTEST: City Clerk Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil Corporation Represented by: Matthew Horneman Agent and Attorney in Fact Title - ATTEST ' By: Secretary JEFFERSON COUNTY, TEXAS 1WvIcfNln"MAR JOHN A. BE:ATCH SURVEY, ABSTRACT NO. 55���� �r4p a ShELOCATIO a Ro SD�MRh t. rn 00 t. 0009 NED2,lE-005.000 AV 0OOt,�QP�Qp4��xC�l0�l4oQ /,px`F Q�GO JVQ9�O�pQ Ox 0 0 Ox Oxy ^„0 QQgQ�C� �xL , x1 N a NED2,lE-004.000 ' / / �p FLOW 0+00 R 1+00 b /n 2+00 / —'21' LAT. 30°01'39"N PLAN AND PROFILE SMLS, W/12 TO 16 MILS FUSION BONDED EPDXY AND HORIZ 1"=40' CL PROPOSED 10" MR -16A / EXISTING MINIMUM TEST PRESSURE: 2160 PSIG DM..N LPA3ER SHEET MAXIMUM OPERATING PRESSURE:1440 PSIG 4SUN HOCN--AP�ExcmEERNT UATEOFTUAS.NEREBreorn y THATTHECM AND MECHANICAL DESIGN OF THE PB•ELKE AND RELATED ASSEMBLIES INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL HEELS OR EYCEIDS THE REOUFT@IFMi8 OF THE CODE OF FEDERAL REGULATIONS, TR - NOTES: FOREIGNNPIPELINE STATE `ONE CALL- SYSTBI PRIOR TO ANY EXCAVATION. THESE OOCUNEIfie ARE LONG: 94°04'09°W RELEASED FOR THE PURPOSE OF PEAMNTOIG OHLYAND ARE NDTTO BE WR FOR coNSTRucn°x. 1. CROSSING PIPE SHALL EXTEND TO RIGHT -0F -WAY LIMITS. (LCO) PIPELINE 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2' CLEARANCE FROM UTILMES AND FOREIGN PIPELINES. /z z NED2,lE-005.000 3z Y Y Q o co z m z m o a o u o dz q Z Q LL O = F LL O LL O = O x dz / O Z W Q U w 40' ......... . LLO ...... J ........ ..............p w ........—� co c� w E ... ..................... -- — w LL............... 40' F v w io v cl) ��} CD NATU 20' C;RiS11Nh7 .......................................................................................... O O CD c d + I t r � NATURA ......GROUND ... 20, . 0ll........25'CLR.................................................. I..................................... 53' CLR. -............................. I........... ... I .... .............. 6.. I.................... 1-20- .... rm0 —�— -20'` ........ 40'40' CL PROPOSED10"MR-16A (LCO) PIPELINE -&0'............................................................................................... -60' PRODUCT: LIGHT CYCLE OIL CROSSING PIPE: 10.75" O.D. X 0.469' W.T., API 5L, PSL 2, PLAN AND PROFILE SMLS, W/12 TO 16 MILS FUSION BONDED EPDXY AND HORIZ 1"=40' 20 TO 24 MILS ARO VERT: 1"=10' MINIMUM TEST PRESSURE: 2160 PSIG DM..N LPA3ER SHEET MAXIMUM OPERATING PRESSURE:1440 PSIG 4SUN HOCN--AP�ExcmEERNT UATEOFTUAS.NEREBreorn y THATTHECM AND MECHANICAL DESIGN OF THE PB•ELKE AND RELATED ASSEMBLIES INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL HEELS OR EYCEIDS THE REOUFT@IFMi8 OF THE CODE OF FEDERAL REGULATIONS, TR - NOTES: TusMRTIFR""mHSPM—NOo°P""= THA1°HMDRAWINGCOoTA"MCOMFFLre's ORCONOLusnIE WORMATIM THE c°NSTRUc ON CONTRA OR MOST CONTACT THE STATE `ONE CALL- SYSTBI PRIOR TO ANY EXCAVATION. THESE OOCUNEIfie ARE RELEASED FOR THE PURPOSE OF PEAMNTOIG OHLYAND ARE NDTTO BE WR FOR coNSTRucn°x. 1. CROSSING PIPE SHALL EXTEND TO RIGHT -0F -WAY LIMITS. 2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2' CLEARANCE FROM UTILMES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT (TX83SCF) SUNONOONLEE OATS TETUSPEND. I=. E&onMobil EXXONMOBIL MR -16A PIPELINE PROJECT ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR -16A PIPELINE SULPHUR DRIVE CROSSING NED2-JE-005.900 D LSSUEFOR PBWH OITMs FA B MEFORPERAHF 07M=8 FA A MEFORAPPROVAL 0611412M FA NO. REWSION DATE APPFL SCALE DATE DRAWN I CHEMED APPROVED PRaLNO. DM..N LPA3ER SHEET ASNOTED REns®Le TN SHL FA 24245 BMT.N24NR16-UP-HD-0001 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LMTS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 application fee plus $90.00 (40 linear feet for a total of $590.00 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Amoco Road 40 linear foot 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations, controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. The pipelineshall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and. the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Rater Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all . costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. 4 • Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, its agents, officers or employees, arising from actions taken or occurrences under this license agreement. • If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: • City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. 5 City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or. corporation desiring or occasioning such change for any expense arising out of such change; Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood I that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATION/INSPECTION: Any and all work to be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 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 terminatiori 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Horneman Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In;the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of . A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: `City Clerk APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil Corporation Represented by: Matthew Homeman I Agent and Attorney in Fact Title ATTEST• By: !s� S ecretary w z Z J CL a °- L11 a 0 7 0 O 0 J U n ZT1 ce N O+ t � NED2,lE-009.000 T O JEFFERSON COUNTY, TEXAS JAMES INGALLS SURVEY, ABSTRACT NO. 157 20 TO 24 MILS ARO --8t UR --SPUR 380 w O o 0 o O OBJ ZY�}gyp - co n7Q01-� 0 0 oa0 p LLOw 0 SIC'' 0a W NmW� O O OCp p -Qi X�OOC r- F Xa� W v o�Wxa a�oo co mo p � O O r mt e-n Q p'±;t o W O _ J w DRAWN LAT. 30°01'30"N O C7 f& w I �e5 LONG: 94°03'50"W m z� Z OoL- 24245 1+000 2 1 I ' ZT W� I z FLOW \—CL PROPOSED 10" MR -16A (LCO) PIPELINE NED2-JE-009.000 EXISTING FOREIGN PIPELINE W .--1 20 TO 24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG L SUNGHOON LEE, A PROFESSIONAL � W THE STATE OFTE%A.'S HEAEBY CERTFY MAXIMUM OPERATING PRESSURE: 1440 PSIG THATTHEG AND ME AMCAL DESM OFTHe PMET.PiEANDREUTEOAS8E3 -- CL CL IL a nW. Y 0 W coQ ¢ o Q C ¢ O� C7 Co o W O Z� O CD .o a DRAWN c",* .0APPROVED O C7 PRCU.NO. C3 U) m z� a OoL- 24245 � Z 0 in C4 ui ¢ ¢ AIR LIQUIDE PIPELINE a o w 0 W w 40' v o ... � N a . 18.5'COVER).o...pa p AIR LIQUIDE PIPELINE d .CA o O o I -;tl N N7 V .......................................................� 0 •� . NATURAL-) 20' • ......... • r,—NA-T-URAL-GR.UN. ............T", I- 25'CLR. r .............................. ............ Z 39' CLR. i�j 0.1 21' CLR. CLR. _ GROUND 21' CLR.±- 18' CLR. ....................................................i 0' 20'1--.I....i ............................................... "— CL PROPOSED 10" MR -16A [7 40'(LCD) ......PIPELINE........................................................................ 40' -60'L_............................................................................................................................... PRODUCT: LIGHT CYCLE OIL PLAN AND PROFILE CROSSING PIPE: 10.75'O.D. X 0.469° W.T., API 5L, PSL 2, VERRTT:: 1'=40' VE1"= 10' SMLS, W/12 TO 16 MILS FUSION BONDED EPDXY AND 20 TO 24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG L SUNGHOON LEE, A PROFESSIONAL � W THE STATE OFTE%A.'S HEAEBY CERTFY MAXIMUM OPERATING PRESSURE: 1440 PSIG THATTHEG AND ME AMCAL DESM OFTHe PMET.PiEANDREUTEOAS8E3 -- INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL MEETSOREXCEEDSTHERE000UE NTSOFTHE COOSOFFEDERALREGULATIONS.TTTLE TSH �P"GERTIF"T= M�SNo"OUFARNf"� F�TH"AT'TO'USDZ"No A S�LDYMPIMEf�E NOTES:SC"fATCCE CLUSA CDffTRSE RMUS TIS 070=8 FA L"¢SYSTET10N.TMTOCONNSTRCTION =BARE A 6SUEFORAPPROVAL F•RL FORT"SPURP05EOFPERNR ONLYANOARENOTTOeEUSEDFOR CONSTRUCTMN. 0 I 1. CROSSING PIPE SHALL EXTEND TO RIGHT -0F -WAY LIMITS. 2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2' CLEARANCE FROM ij UTILITIES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL F ZONE, US FOOT (TX83SCF) EXXONMOBIL MR -16A PIPELINE PROJECT mm E&onMobil ROAD CROSSING DETAIL DRAWING C ISSUE FMPERW OBNTQOIB FA PROPOSED 10" MR -16A PIPELINE B MUEFORPERIMf 070=8 FA AMCO ROAD CROSSING A 6SUEFORAPPROVAL OMH4=8 FA NED2,JE-009.900 NO. REASM DATE APPR. SCALE I DATE DRAWN c",* .0APPROVED PRCU.NO. I DRAWINONUMBER SHEEP ---. I IN SHL I FA 24245 1 BMT-N2-MR16-UP-HD-0003 I 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Spring, Texas 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 application fee plus $92.25 (41 linear feet for a total of $592.25 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle Oil products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Amoco Road 41 linear foot 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: • Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City, however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected. by casing or other method approved by the City Water Utilities Department. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. • Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. • Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The .cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. • Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part. of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City property. .Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire 3 Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City. of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or ,otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. 4 • Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, its agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not. prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the property involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work_ that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be. construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other. underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATION/INSPECTION: Any and all work to be performed on City property shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. SPECIAL CONDITIONS: Nonassi able This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either parry attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Atte: City Manager Attn: Matthew Horneman Upon cancellation, the pipeline shall be'removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of , A.D. 20 CITY OF BEAUMONT, TEXAS Kyle Hayes, City Manager ATTEST: City Clerk APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil Corporation Represented by: Matthew Horneman . Agent and Attorney in Fact Title ATTESS�T: . 14 By: Pn MIA Secretary 141 0 CN -ED -KE -01 1.000) JEFFERSON COUNTY, TEXAS PILHAM HUMPHREYS SURVEY, ABSTRACT NO. 32 Us 89 w Z zY "y A FMEFORAPPROVAL OGM4 018 FA 33 3 _z s4 z zo o¢ u, -� -+o o a 2 �c o 3rQQaQQa a a J 4 Q: N O y c+-� QQa �� W W rW m 0- adL1,/ qa oma o '$Qo�u;Q/='1`b��Qoowwowa oa z�ti="- zz�-- u�ww 24245 ULZm 000 c�a�awa c''iu'F��w�a�oo�oA CROSSING PIPE: 10.75° O.D. X 0.469" W.T., API 5L, PSL 2, rn b om W M'a 00 o O O���r�*-�� m r\rnNco� ^hco Q dw OO cjcjN LAT. 30°01'08"N I I ' � I LONG: 94003'13"W a aa NED2,lE-012.000 _ FLOW I v Ir 80° 0 1+D0/ + 2 00 CL PROPOSED 10" MR -16A y / (LCO) PIPELINE / 40'r .......................................... 20' k......... j ... GROUND ........................ Z -- `— CL PROPOSED 10" MR -16A R aSUEFOR Pff= OM72ME FA A FMEFORAPPROVAL OGM4 018 FA U) (.LCD)PIPELINE......................................................... / Z -607 4/ 1w AsxoTEn u a O FA 24245 ULZm PLAN AND PROFILE CROSSING PIPE: 10.75° O.D. X 0.469" W.T., API 5L, PSL 2, Z z 0NO HORIZ; 1'=40' IL OO =m Ll - Q W CDOQaoa. MINIMUM TEST PRESSURE: 2160 PSIG O MAXIMUM OPERATING PRESSURE: 1440 PSIG WLuOOV ?A V NOTES: THMCF'RT� TIONM SAN ORM NUMMWFORMAnOKTHECONSTRI1C NCONTRACTORMUs1CO AGTTHE STAT!'ONE WLL-SYSTETI PRIOR TO ANYEfIGVATION. THESE DOCUMENTS A a° FORTHE PURPOSE OF °Ov°°OO+++ vod 2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM T CLEARANCE FROM + + ........... ..........ENTERPRISEPIPELINE 40 (O.T COVER) NATURAL ... .................... ..GROUND.. .... .... 29 ENTERPRISE PIPELINE (6.0' COVER) 22' 0 ............. ........ .............ENTERPRISE PIPELINE .. .... 26' 23' .. CLR. - • OI 51' CLR. CLR. CLR. 57' CLR. 55' CLR. 1 45' CLR. (5.5' COVER) ........................................................ ....... ...................... -20' l �� EXXONMOBIL MR -16A PIPELINE PROJECT -- `— CL PROPOSED 10" MR -16A R aSUEFOR Pff= OM72ME FA A FMEFORAPPROVAL OGM4 018 FA NO. FEMION DATE MPR (.LCD)PIPELINE......................................................... DATE DRAWN CMCJ® -607 ...................................... DRAVMGNUMSER I mm AsxoTEn so' PRODUCT: LIGHT CYCLE OIL FA 24245 13MT-142-MR16-UP-HD-0004 I 1 OF 1 PLAN AND PROFILE CROSSING PIPE: 10.75° O.D. X 0.469" W.T., API 5L, PSL 2, SMLS, W/12 TO 16 MILS FUSION BONDED EPDXY AND HORIZ; 1'=40' VERT: 1"= 10' 20 TO 24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG MAXIMUM OPERATING PRESSURE: 1440 PSIG 4OONLEE. AMOFEssIovALE Gti IN N "AM OF�,"eReercmrffr T"ATTF@cIVAANUMECHMICALOEWMOPTIEP EMORMATMASSEWE= INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL YEETS Oft E%C®S THE REOUIREMFHTS OFTIfE c00e OF FeOERAL REOIIUnONS,TIRE "OOUARANTEETHAu @MORBVMGW1f�"SCOY®LE12' NOTES: THMCF'RT� TIONM SAN ORM NUMMWFORMAnOKTHECONSTRI1C NCONTRACTORMUs1CO AGTTHE STAT!'ONE WLL-SYSTETI PRIOR TO ANYEfIGVATION. THESE DOCUMENTS A a° FORTHE PURPOSE OF 1. CROSSING PIPE SHALL EXTEND TO RIGHT -0F -WAY LIMITS. PERM71TU1OONLY ANO ANE NOT TO RE USED FOR CONSTRUCTION. 2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM T CLEARANCE FROM UTILITIES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT (TX83SCF) so"eNOONLEE mm TF]GSPP.NO.11= J�.0 cg— lmmyl� E�onMobil EXXONMOBIL MR -16A PIPELINE PROJECT ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR -16A PIPELINE AMOCO ROAD EXTENSION CROSSIN( NED2tilE-012.900 R aSUEFOR Pff= OM72ME FA A FMEFORAPPROVAL OGM4 018 FA NO. FEMION DATE MPR SCALE DATE DRAWN CMCJ® APPROVED PROI. NO. DRAVMGNUMSER I mm AsxoTEn aem . TN - FA 24245 13MT-142-MR16-UP-HD-0004 I 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil OR Corporation . Business Phone: ( 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Spring, 'Texas 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 application fee plus $90.00 (40 linear feet for a total of $590.00 hereby grants to ExxonMobil Oil Corporation hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of Oil, gas, water, or light cycle OR products, on or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Length (Linear Foot) of Crossing Spindletop Road 42 linear foot 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: License Agreement fee - $500.00 • Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Water Utilities Department and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay.a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. All pipelines crossing City of Beaumont utility easements, water or sanitary sewer easements shall be bored from easement line to easement line. Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department. The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. The pipeline shall be installed a minimum of three (3) feet below ground and a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines., unless otherwise authorized by the City. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 The construction and operation of the pipeline shall not _interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. • Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working thereon and to the reasonable satisfaction of the City's Water Utilities Department. • Operations along easements shall be performed in such a manner that all property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any structures. The cost of any repairs to structures, sanitary sewer lines, water lines or other easement features as a result of this installation will be borne by the owner of this line. • Any construction which takes place in, on, under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by the City of Beaumont. • Any licenses, permits or agreements required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and a copy of such document shall be provided to the City. , • Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. • , A map showing the location of the proposed pipeline shall be provided. • The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to the City property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire 3 Department and Water Utilities Department. Licensee shall fully cooperate with the Fire. Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City. Installation will be done in accordance with all City standards and statutes of the State of Texas. REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. 4 Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair ' or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, its agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the property involved with this license. Notification, to Licensee, of other construction and/or, maintenance permitted by the City and within the property involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Water Utilities Department) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City property and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. • City reserves the right to lay, and to permit to be laid, sewer, gas, water and - other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under the property. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. • Whenever by reason of the change in the grade of the property occupied by Licensees' pipeline, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATION/INSPECTION: • Any and all work to be performed on City property shall be observed and inspected by'a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with . construction standards. Licensee shall provide the City (Water Utilities Department) forty-eight (48) hours prior to the installation of the lines permitted by this license. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. • Licensee shall notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. D 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 f 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 ExxonMobil Oil Corporation P.O. Box 3827 22777 Springwood Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 Attn: City Manager Attn: Matthew Horneman Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 7 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of . A.D. 20 ATTEST: City Clerk ATTEST: Secretary 8 CITY OF BEAUMONT, TEXAS 0 Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) ExxonMobil Oil Corporation Represented by: Matthew Horneman Agent and Attorney in Fact Title JEFFERSON COUNTY, TEXAS JOHN A. BEATCH SURVEY, ABSTRACT NO. 55 c ww C j ZJ Lu -1 2 a Lu LL w Qom/ o �}Jo o o� ru ¢ a go S -c c; it X �� [if � 0 � Q Z LLLL uJ U O oa o �"' (a wo LL 0 oiX Za -:too 0 woow LP 12 w � fxap C:) <10 r h O O] O] O M ,y: O O p O p O p O p p 0 NED2,lE-005.000 I I uzw FLOW 86I° +01 Lu U0 II NED2,lE-006.200 I _ 1+00 1 74'CLR..78'CLR...... ............................................ -20' x I L30°01'37"N 31' 94°03'59"W 1 x I EXISTING FOREIGN PIPELINE E PRODUCT: LIGHT CYCLE OIL w ow � czD O w PLAN AND PROFILE U)d0 HORIZ: 1'=40' Z d 40' ............................................LLT 0 LLo 0 I NOTES: co NATURAL o 0 0 20' ..... . GROUND.......... 4 - CL PROPOSED 10" MR -16A wI (LCO) PIPELINE 1 w a I NED2-JE-006.000 a 0 w ¢ a o za LL z w cn rn OJ c! o L� _ 0 mw wazw J O Z w v w w ..o w¢ .................................... 40' u') OO c0 m M ?> c o cD o � NATURAL ------ ----------------------------- GROUND.. 20' -20' ................................................ 74'CLR..78'CLR...... ............................................ -20' c40 ............... ........................................ CL PROPOSED 10" MR -16A (LCO) PIPELINE ........... ............................................. 40' -60'..................... :.......... ................... _ _ _ _ _ _ _ -00' PRODUCT: LIGHT CYCLE OIL CROSSING PIPE: 10.75" O.D. X 0.469" W.T., API 5L, PSI -2, PLAN AND PROFILE SMLS, WN2 TO 16 MILS FUSION BONDED EPDXY AND HORIZ: 1'=40' 20 TO 24 MILS ARO VERT: 1"= 10' MINIMUM TEST PRESSURE: 2160 PSIG SUNGHOON LEE,A PROFESS ONAL ENGINEEIiiw THE STAre OF T2%AB, HEREBY CERT FY MAXIMUM OPERATING PRESSURE: 1440 PSIG THATTHE CNd AND FB CNAN CALOE9 GN °F7I EPPEELLP EAxO RE AT®A49ENBL�9 YEET9 OR FSGEHl9 TIG? REGUIR"IFNIS OFTNE CODE OF FEOEAALREDULATIONS.TIRE INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL THSFCER'To-;°ANoGU��" n',„";oPLAT6fm"° I NOTES: OR CONCLUSNE PIPORMATION. THE CONSTRIICRIN CONTRACTOR MUST WWrACTTHE STATEbNECALL-SYSTEMPRIORTOANYEXCAVATN)N•T"ESEODCUMENTSARE °m s.eEO FOR -E PURPOSE OF PERMGTPIG ONLYANO ARE NOTTO BE USED FOR 1. CROSSING PIPE SHALL EXTEND TO RIGHT-OF-WAY LIMITS. CONSTRUCTION. 2. REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 2 CLEARANCE FROM UTILITIES AND FOREIGN PIPELINES. - 4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL ZONE, US FOOT (FX83SCF) SUNGHOON LEE DATE TEXAS P.E NO.t1]m! A E&onMobil EXXONMOBIL ROAD CROSSING DETAIL DRAWING MR -164 PIPELINE PROPOSED 10" MR -16A PIPELINE C MLrEFORPERWT BBNW8 FA PROJECT B E:RIEFOFiPEMIff 07RSRBI8 FA SPLINDLETOP AVENUE CROSSING NED2-JE-006.900 A 6SUEFOR APPROVAL °ms'B FA 0. REMON DATE APPR. SCALE I DATE IDRAWN CHECI® APPROVED WbOJ. A'0. I DRAWINGMIMBER SHEET AS NOTE I O6O MIS I TN I SHL I FA 24245 1 BMT-N2-MR16-UP-HD-0002 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT THE STATE OF TEXAS' § COUNTY OF JEFFERSON § . ` - Business Name: ExgonMobil Oil Corporation Business Phone:, (601) 672-9376 'Business Address: 22777.Springwood Village'Parkway, Spring, Texas 77399 . The City of Beaumont, hereinafter. called "City", for and in consideration .of 'the sum specified herein $500:00 application . fee. plus. $90.00 (40 linear feet for a total bf $590.00 hereby grants to ExgonMo' bil Oil `Corporation hereinafter called "Licensee license to lay, maintain; operate, replace,: or remove a pipeline for the transportation -of :Oil; „ gas, .water, or lij1ht. eyele Oi products, on .or across the following City easement and/or property situated outside .the City'of Beaumont,. Jefferson'County, Texas, but being:within' our'Extra-Territorial Jurisdiction (ETJ) and/or Certificate; .of Convenience and Necessity " :(CCN) and being more particularly described in Exhibit "A" attached hereto and made: a' part hereof for all purposes. Nearest Street Distance to Easement Length (Linear. Foot) of Crossing Amoco Road 401inear foot, 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: • License Agreement fee - $500.00 Annual fee of $2.25 per linear'foot of pipeline. located within City property. Said fee shall be.reset on January 31 2011 and. shall be.res.et every ten. (10) years, thereafter, to a' level to be determined by the City Council or their delegated representative., ; All '%es, including the: first annual fee for'.linear-.foot usage -shall be made to the, Water- Utilities Department 'and -payable to :the '.City of. "Beaumont -prior to -- - _- construction. This license is granted by the'•City'of Beaumont.'subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: • Licensee does not intend to sell .product',for resale from the covered pipeline to customers, located. within: the 'City, . however, Licensee recognizes that should it. sell "product . for resale ' fr om this "covered pipeline to customers, within the City,' it will. be required to, report sucli-distribution and when lawfully required to do so,. pay a. street;rental fee "based on revenues. The annual fee and, the regulations , controlling the: payment of such fee will be those as lawfully established by the..ordinances of the ,City. All pipelines crossing City of Beaumont. utility easements, water or sanitary sewer easements shall be bored,fi-om.easement line to easement line. Within these limits, the ,pipeline shall be protected liy .casing or other method :. approved by the City Water; Utilities Department. • The pipeline shall be constructed m such., manner as approved by the City so as it does not interfere 'ifl the use of the City property. . • The. ,pipeline shall be installed a minimum: of three (3) feet below ground and a minimumof five.(5). feet; below the lowest existing or proposed' -ditch grades, waterlines,' sanitarysewer lines or storm drainage lines,. unless otherwise authorized by the 'City: Such grades, and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 3). 2 The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the„drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the . pipeline shall be corrected and .the ditch .grade' shall be restored to . the' condition and grade at which it existed: prior. to constriction or maintenance: 'Bore pits shall be baekfifilcd according to City standards. Excavations necessaTy for .the .construction, ;repair, or.:maintenance of the pipeline shall be: ,performed m such a ,manner that will` cause minimal imconvenience' to the public.; Licensee shall promptly restore the area to as good a condition as befote ,working ,, thereon and to the reasonable satisfaction of the City's Water Utilities Department. • Operations along. easements shall be performed .in such a manner that all • property where operations 'are.. performed ;will be restored to original condition or better: No. equipment •or .installation. procedures will be used which will damage''any, structures. The Bost. of .any repairs to structures; sanitary sewer hnes,:waterJines or,other easement.features as a result of this installation will be borne by'the owner of tlii"s line. • : Any construction which takes place in, on, uuder,..above, or across property ' not owned by the Cityshall•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 aiiy 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) Lto adjoining property shall be obtained and a copy of such document shall be. provided to the City. • Licensee shall befesponsible for acquiring all, agreements necessary for`the lawful use of any private .property. A map showing the location of the proposed pipeline shall be provided. . • The pipeline shall be maintained and. operated in such: a manner as not to leak and/or cause damage to the City property. Once the pipeline is in. operation, any damage that occurs to the pipeline, which results in exposure. or . release of product must be reported immediately to the City Fire 3 Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. • The Licensee shall be responsible for the- cleanup and re mediation of contaminated areas "due to. exposure or release of product and any and.all . costs associated with said cleanup'and remed" ion. ;. • The Licensee shall be -responsible for any; and: all, costs associated with the relocation. oft e, pipeline.• As'provided; the.necessity for relocation of the ppeliieshabwdcrenCll hity. • Installation will be done mi accordance with.all City standards and statutes of the State of Texas. .. REQUIRED COVERAGE: !.. Licensee shall furnish the • City. -with a" :Certificate" of Standard Liability; Insurance, including bodily' injuries and property damage, naming the City of Beaumont as an Additional Insured-. Such policy,,' shall provide for the . following minimum coverage:.. Bodily injuries: $ . "300,00000 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 shallcontain. 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 $1,00011 000.0.0.. The bond 'shallbe payable to the City of Beaumont • for the use and benefit of..any person entitled thereto and, conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out.of any violation of the terms of . this agreement. The. bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond' shall be good and. in effect for a period of one (1) year from the date of completion of construction of the pipeline. 4 • Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of .the construction; maintenance, operation, repair or removal of the pipeline. This. indemnity, expressly extends to claims alleging negligence by the City of Beaumont, its agents, officers or . employees, arising from actions taken or occurrences under: this license, agreement. . • If: the ,pipeline or `any partthereof installed by:Licensee shall be in. any,. respect damaged; or inured. 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 prosecuteor, maintain a claim 'again st the City of Beaumont for any such damage or injuries so.. sustained'!. by. `it; however, said. conditions shall not prevent Licensee" .from rO'covering 'against: any contractor who;.= shall damage Licensee's property. in the course "of such contractor's :performance of any contract with'the' City. . OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY:. ' .City will use its best efforts to .notify Licensee' of any .proposed construction and/or maintenance,. to be done by`:City forces:or"by contract for the City, within the property involved with this license ; Notification, to Licensee, of other' construction and/or maintenance permitted by the City and within the property involved,with-this license will be the responsibility of the -company obtaining. said permit.° Licensee shall mark .the location of its "lines 'within ;forty. -eight (48) hours 3 after receipt of such notification of proposed construction. - Licensee shall maintain a local, OtL ;toll free,.,telephone number to be called for notification of .construction or. maintenance' and for location .of lines: Such number, or charges'' to such .number, :will' be ,provided to the -City (Water Utilities Department) and kept current at alltimes. This number shall be provided to entities permitted to construct, maintain or excavate within this City property. and, which are required to provide notification of such .work. When information. has 'been relayed ' to Licensee, through the phone number provided, such contact shall constitute notification for `Licensee to provide location. of :its lines. Failure,. by' Licensee, to respond within .the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. 5 •, City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by. City in, across, along, or under the property. .In doing or permitting any such work, the City of Beaumont shall not be .liable to Licensee for any.damage occasioned; it being understood that nothing herein,shall be construed as foreclosing Licensee's rights to recoverdamages against any.. contractor or third party who'may be responsible for damages to License'e,'s facilities._ .. Whenever by reason of the.'change. in the grade of the property occupied by Licensees' •pipeline or by reason of the location or manner of constructing -- — _-_draine` structures waterpipes, g_s swersotagi es; her underground ` construction for .any purpose whatever, . it shall be'deemed necessary by City. to relocate, -alter, encase, change;. adopt or, conformthepipeline of Licensee thereto, such change • shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the .benefit of any. ,other person or private corporation, except the City, Licensee sh'all`be•reiinbursed fully by the person or. corporation desiring or ..occasioning sirch change for any ;expense arisingout of such, change; -Licensee will ;upon notice from the City,, make such change imm. edrately• and :at -its ,•-own cost; it being, understood that City will not participate. dn- any part of the cost of any change involving relocation;, altering, •encasing; boring, or changing in any manner of the pipeline where same is within City property. NOTIFICATIONANSPECTION: • Any and all work to be performed on City property 'shall be observed and inspected by. a City representative.. Any:work' to b,6 performed within the City limits will be subject to periodic inspection.to 'ensure' compliance with construction standards. Licensee shall.provide the City {Water; Utilities'Do'&-tment) forty-eight .(48) hours prior to . the installation of the, liiies:,permitted by' this license. A representative will ' be. scheduled to be present: The,, expense of such . inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. • Licensee shall' notify the Water Utilities Department at least forty-eight (48) hours prior to completion of work and'removal of equipment from the job site topermit the City to make an inspection. 0 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign'ths license will terminate the.license privileges.granted to Licensee hereunder. . Termination,. This agreement is'subj ect to termination by the City if anycondhon specified herein .is not met: Tlu :.agreement may also be terminated bT the Licensee Either arty• 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 riot'less ,than. thirty (30), days prior ; to the terminatioii.d' e therein specified. Any,written notice maybe ;effected either by ; pe sonal.deliveryof by registered or certified mail, postage prepaid.w-i return receipt requested; .Mail notices shall be addressed to the: -addresses of the parties -as follows: City of Beanmont Exxoh mobil Oil Corporation P.O:. Box 3 827 22777 Springwoo,d Village •Parkway Beauniont�''Texas 77704 Spring; Texas 77a99 , Attn, City Manager Attu; 1Vlattl ew:Tlomeman Upon cancellation; the pipeline shall be removed and properly restored to a condition acceptable•to: the.Water Utilities Director. In the eveni.of caricellation,.ahy and••all monies col ected for fees:associated with this agreement will°remain the properly of.the City. There will be no reimbursements. 7 E JEFFERSON COUNTY TEXAS w JAMES INGALLS SURVEY, ABSTRACT NO. 157 `A06 °p> '; n r, n7b`" uj zk /?eon tSPUR380co co LL �r�':" ` s' iOCAr1o•N Lu dU:3 U LL LLa WLL O U moO W ly-m a o o�ao o ocr co -Soca M N M~n m o��i'b::ri• o [L o o 0 0+ 153 ± O+ + 1 I w LAT.., 30661'30"N ,• NED2-JE-009.000r ' nFLOW I z LONG: 94 03 50 W 0+00 1+00 2•00 is' I I CL PROPOSED 10.n. MR 16A (1-60)'PIPELINE NED2-JE-009.000 w w EXISTINGTOREIGN PIPELINE' u w' Z z CL a a Y w w ¢ ¢ a o LIjLu o m w o 0 o p p J O CD -j a. 2' Q. O '� LL. C_J1 O O 1 0 W g N w o� V .�.Q.. Oo 40' ¢ ¢ 8 5L OUIDE PIPELINE o o w� o W ,,, n ;..�....N .... .. .. 40' AIR L'IQUIDE)PIPELINE" + + NATURAL (16.9COVER) -GROUND 20- `•.....:......... NATIIRAL:GROUND............. ..... ... Y0 21' CLR: 18' CLR:.— 25' CLR. 0' .... ..... ....... _ , y .:....':.:.... ....... .... ............. o, . 2i' CLR. , . 22' CLR o .� 0 - - ... -2 ' `. CL PROPOSED 10n MR-16A, (LCO) PIPELINE •::.:....,.....:..... 40'. .......,. ..... :.... ..........:.....:.. ....................................................... -40, -60'........ :...................................................... .:. ................... so ..... _.. PRODUCT: LIGHT CYCLE OIL PLAN AND PROFILE _ HORIZ V-40' d CROSSING PIPE: i0,75°•O.O: X 0.469"•W.T'., API'5L, PSL-2, VERT: 1° =10' - SMLS, WN2`TO 16•MILS FUSION BONDED EPDXY AND ME 20 TO 24.MILS ARO"•.., MINIMUM TEST RRESSURE: 2160 PSIG .. TRAT"TTHEO RANOON LEE. D NNEGIMI ALADMONN OFT EPP@d ANDRE ATE ED A�88E]IBUEs CEffnFY •MAXIMUM OPERATING PRESSURE: 1440 FSIG : {0. PAU 193•'TRANBPORTATION OF HATAROOOA U QUMS BY PPFI9'le LATESTEDOION. F- INSl'ALLATIONMETHOD:,HORIZONTALDIRECTIONAL-DRIL'LTwscEmo-TCATwNwANnBxooBAwuNEEawTnusBnAVAN"coNTAwscovP�TE Zyi NOTES:CONSTRUCTM s°nrArogc'Au"�OsrsTEUT vao roCONANY�oc"� vT"wNTNese'u�w3BA T"E . _ .. E POfB.0900PPERLTTnNB ONLYANB ARB NOTTO B6 USEO FOR o 1.'. CROSSWG,PPESHALL EXTEND TORIGH-OF-NIAY•LIMITS: 2.. REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM 7 CLEARANCE FROM o UTILITIES AND FOREIGN PIPELINES. 4., COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL . ZONE, US FOOT (TX83-SCF) SUNIGHOW LEE RATE T"PENO.113938 E*ohM0b1l EXXONMOBIL MRA 6A PIPELINE PROJECT 641E FOR PERMIT ISSUEFOR-11 ISSUE FOR AMOW faEVEi1DN SME DATE DRANK! AS NDiE1 0608A118 TN ArW ROAD CROSSING DETAIL DRAWING mK7ws FA PROPOSED 10" MR-16A PIPELINE omnD18 FA AMCO ROAD CROSSING om4w8 FA NED2�JE-009.900 DATE APPR DECKED APPROVED PROD. NO. DRAN410 NUIdSHR SHEEP SRu FA 24245 EIMT-N241116-LIP-1-ID-0003 1 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY OF BEAUMONT `THE. STATE OF TEXAS § COUNTY OF JEFFERSON § Bii§mess. Tame::ExxonMobil Oil Corporation Business Phone: '( 6011,672-9376 Business Address: 22777:Springwood Village Parkway,' SprinE .Tezas.77399 The. City .of: Beaumont, hereinafter called "".City',' for: and in ;consideration" of the sum:' specified , herein $500.00 application fee plus" $92:25 (41. inear feeti' for a .total of $592.25 hereby gr4nts'.t6ExXonMobil Oil Corporation he,a , re e'r.'called" "Licensee" the license ao lay, .maintain," operate„replace, or remove a:pipeline for the :transportation: of:0i1, gas, water,. or light" :eyele: Oil products, on or across •the following City easement and/or property situated •outside, the City of Beaumont, Jefferson County, Texas, •but being"within our: Extra=Territorial 'Jurisdiction (ETJ) and/or Certificate -of Convenience and Necessity (CCU and" being" more particularly described in Exhibit: "A" ,attached heieto and made a part-N for;alipurposes. Nearest Street -Distance to Easement Length (Linear Foot) of Crossina Amoco Road 41.1inear400t ` 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: • License Agreement fee - $500.00 Annual fee: 6f".$2.25 pef,linear foot of,pipeline located within City:prgper y. Saidfee.s. be reseton January. 31., 2011 and shall'be.re'set every,t'eu (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 die, " Water. Utilities,. Department and payable to the City; 'of .Beaumont prior ` to construction. - This license is: granted; by the -City of Beaumont subject "to conditions.. Failure"'.to comply with the following may -result in termination of agreement'(see page. 8). GENERAL CONDITIONS: Licensee does not. intend to sell product forfesale'-from the covered;pipeline to; 'customers "located within the City; ho*gver," 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 regi ed.to do so, pay a'street.rental fee based,on revenues.- The amival" fee and'the regulation_ s controlling ahe "payment of fee fee will be those as lawfully.` established by the ordinances' of the, City.. All pipelines crossing City of Beaumont utility "easements,water or sanitary sewer" easements shall be bored from easement line to, easement line. Within these limits;' the .pipeline shall be protected by "casing or: other method approved by the City Water Utilities Department: The; pip e'liiieshall'be constructed"in such a manner as approved by t6 ' City so as: it -does not interfere with the use of the City propeity. The .pipelineshall be. installed a.minimum of three (3) feet below"ground anda minimum of five (5) feet below the .lowest existing or proposed ditch grades," waterlines,, sanitary sewer, lines or storm drainage lines; unless otherwise authorized by the City. -Such grades and lines shall be indicated on, map submittal, as well as depth of proposed pipeline (see page 3). ►a 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- mamtenance.: Bore pits shall;be backfilled according to City'standards. Excavations:.neaessaryrhtion; repair, or maintenance., of the pipeline shall .be :performed in such a; .manner that will cause min,ir aI onvenience.'tQ the public. Licensee 'shall promptly. restore the area to•,as', good a condition: as before working thereon. '.and to the reasonable. satisfaction' of the.City's Water Utilities Department. • Operations along easements shall be performed in such ;a mannerthat ,all " property;: where 'operations are performed will-,, be • restored ;to • original' condition or. better: ' No equipment or installation -procedures will •lie used. WE will damage any structures. The cost., of any repairs to structures; . sanitary sewer line's; waterlines or other easement features as a result of this installation:will be'borne by the owner of this line. Any construction which,takes place in, on, under.; above, or across property not owned by'the `City shall require additional'permission by .the .owner(s). of the property involved. Written proof of said ,permission ;is to :be provided to the City: -as .part of the application process. Approval of •this.',li' ' agreement. excludes •permission to do any construction. on property which; is • not"owned-bythe City of Beaumont. • Any licenses, , permits or agreements required' by., , another governmental entity' (County; :State or Federal) to adjoining property�sha`ll beobtained and ` a copy of such•'document.shall be provided to •the- City: • Licensee shall; be responsible for acquiring all agreements necessary' forahe lawful use of any private property. • A map showing.the location_ of the proposed pipeline 'shall, be provided." • • The pipeline shall be maintained and operated in"such a manner as not to leak; 'and/or cause damage to the City property. Once the pipeline is in operation; any damage that occurs to the pipeline which results in.. exposure or release of product must be reported 'immediately to the. City Fire 3 Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any, and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. • The Licensee shall be responsible for the., cleanup and remediation - of- ' contaminated areas due to, exposure or release of product and any" and all costs associated with said cleanup and:remediation. • The.Licensee;slall be responsible for any. and all costs associated _with the relocation of the pipeline. , As provided, the necessity for relocation- of the pipeline "shall', be solely within the discretion of City. • Installation will;be done in accordance with aH 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'damag', •naming; the City .of •Beaumont as an. Additional Insured., Such•p H " ,shall,.provide for, following -minimum. coverage: Bodily'injunes: $ 300,000.00 per person ; $1,000,000.00. perincident • : Pioperty Damage: $1,000,000.00" _ :. Such inc nce shall be maintained in 'force and: effect .during. the constructionor•required maintenance of the,pipeline and during the.life..of the _pipeline. Such certificate :shall., contain a provision that at least fifteen {1S) days - wn. en 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 .o f $1,0001000.-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 ail 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 shallbe good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. 4 • Licensee shall' indemnify, save and hold harmless the City of Beaumont from any. and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, . repair or .removal of .the pipeline. This indemnity expressly extends :to claims alleging ,negligence by the City of Beaumont., its agents, officers or employees; arising; from actions taken or occurrences under this `license agreement. • If. the pipeline `or any part: thereof installed by Licensee shall.be °in any ,respect damaged or ured by City or any o its agents or employees 1n connection with the performance of any work: or- repairs -that maybe done• . upon.the property, mentioned herein: Licensee'shall not be entitled to prosecute or maintain a'claim agai"'the City of Beaumont for•.: aiiy such ..damage ' or injuries so sustained` by it; however, said: conditions `shall, not " ,prevent Licensee from recovering against ,'any --,cog Of who shall Aamag6-,I censee's property in the course •,of, such contractor's: performance of any coiitrac't wifh'the City. OTHER::CONSTRUCTION/IVIAIN'TENANCE wIrmN PROPERTY: . • City will use its,best effort§ to notify Licensee of.any •proposed construction and/or maintenance,. to be done by City forces or contract for. the City; witliin the property involved with this license: Notification, to . Licensee, . of other constriction and/or maintenance, permitted by.tlie City, and within the propertyImvolved. with this license will be the.responsibility o .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,-h es Such number; or charges to such number, ' will be provided to they . (Water Utilities .Department) and kept current .at all times..` This number . shall' be ;provided to ', entities • permitted to construct, maintain or excavate. . within this City property and which are required to ptovide notification of such work., When information has been relayed to Licensee,::through the. phone number . provided, such contact shall constitute. notification for Licensee to proyide' 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. 5 • City reserves the right to lay, and to permit to be laid, sewer, gas, water and . other pipes and cables; and to do or permit to be done any, underground work that may be deemed to be necessary or proper by City in, across, along, or under the -property. In doing or permitting any such work; the City of .B.eaumont shall not -be' liable to Licensee for any, damage' occasioned; it •being •understood: that nothing herein shall be construed as `foreclosing. . " Licensee's rights to recover damages against: any contractor or third party who may be responsible for damages to Licensee's facilities. • Whenever by reason of the change 'in the grade of the ;property occupied'by :Licensees' pipeline, or by7reason of the location or.mdrm6r of constructing drainage structures; water pipes, gas pipes, sewers, of. other underground - constructi"ori for any purpose whatever, it shall be deemed necessary City.'Io� 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, ''e�ccept•the City, Licensee shall�bexeimbursed fully by the persoii or corporation: desiring or occasioning such .change 'for. any expense, : analog: out of such. change; Licensee will; upon notice :from the.: . City; make •such . , change. immediately and at its .'own cost; it being. :understood that" City will 'not participate in any part•' of ,the cost "of .any change- involving relocation; . altering, encasing, boring,: or changing in -any manner• of the pipeline:where same is within City property.' NOTIFICATIbi /Il SPECTION: • -Any .and all'work to be performed on.City property:shall be'observed and inspected•. by -a City representative. Any work to -be. performed within the City, limits will, be'subject to,periodic inspection to ensure compliance' with construction standards. - • Licensee shall provide the.City (Water Utilities Department) forty=eight (48) hours prior ao the installation of the lines permitted by this license. A representative. will be scheduled to be .present. The expense Iof such inspection services may be billed to the Licensee and such amounts will be reimbursed. to. the City. • Licensee shall notify theWater Utilities Department at least forty-eight'(48) hours. prior: to completion of_ work and removal of equipment from the job site to ,permit the City to make an inspection. r SPECIAL CONDITIONS: . Nonassi nee This license is personal to the Licensee. It is nonassignable and any attempt.to assign this license willterminate the license privileges granted to,Licensee,hereunder: Termination This agreement is subject to termuiatio"o by the City if any condition specified hereinis 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; arid.. the reason for, ,termination:. Such notice shall be given not. less than thirty Q0) days prior" , to the termination date therein specified. Anywritten notice may be effected,either b' ' personal delivery or by registered'or.certified mail, postage prepaid with return receipt requested. Mail notices, sh"all' be acidressed-to .the addresses of the parties .as follows: i' City of Beaumont , ExxonMobil Oil Corporation' P.O. -Box 3827 ' 22777 Springwood Village�Parkway Beaumont, Texas 777,04 ,... Spring, Texas 77399 ' Attn: City,Manager .Attn: Matthew Homem"ari -Upon cancellation;'the•p peline shall be.rembved and property restored, to -a, condition acceptable to the Water Utilities Director. In the event of cancellation, any and all monies. , collected for.fees- associated: with -this` agreement will remain the property.of the City. There will be no reimbursements. " 7 Commencement of work on the pipeline. by Licensee after the date of this fully eiecuted license shall . be construed as evidence of. Licensee's acceptance and approval of the JEFFERSON COUNTY TEXAS�cir •�' t 4 , ,fay ` PILHAM.HUMPHREYS SURVEY, ABSTRACT NO. 32✓' �'r US 69 w 1 ✓ �' a w i o A 000 Ir TWO r O(q ib'. �Q:mIL��V W�Liy A- AQ. S10N eorr�G�.�^r r p a S rti 2 22 S ,. ?�. '.• �, . 'o Qom w co WQaoawowa ww ono. :, x o,o�a��'o>su>3 ocnn°aeNU4 . . NED2•JE-011.000 ywy. rn'co a- 0 Q' `� N �ga v a�oo� o�c o0� U 00� .y-Z� �~�.� re+-�'A ter+- NTV / / N LW, a �� / LAT.• 30°01'08"N Y I /l NIA a 1 lb Q, LONG: 94'03.13'W FLOW 0+00 . 1+D0,. + X 4 a Q.• �. I 2 00•1 ww 4Uco c Z CL PROPOSED 10"'''MR-16A Y a / /x a ' (LCO) PIPELINE /. I •/ . 1 , i l a x �''4j /'`" .< cl N . •,Q Z LL u _LL � m= m 40"..........................:.:....,._...........ir w '•...� w . w r .... o m � '. •Oo �, m ENTERPRISEP)PELINE 40' .�.. + + + + (0,. ' COVER)' NATURAL NATURAL. IjOUND•••• 201 ..G ...,•.............•..:... ;.... ...... .........:.:...: 29 _ r ENTERPRISE PIPELINE am 0 22 . . o..... :.:. _ :........... (6. 'COVER) . 26 r 0 23'..CLR.. 0 0 51 CLR. ENTERPRISE'PIPELINE•' CLR: 55 CLR, (5.5' COVER)' 57`CLR: ' 45' CLR 20. .. ..: ..........:...:. _ ..:...' _ .................•........:.... ..• -00 i -40' CL PROPOSED 10°' MR-16A _60 ................::.:': •:..•,(LCO); PIPELINE ........... -60. $ ,PRODUCT. LIGHT CYCLE OIL a ,CROSSING PIPE: 10.75" O.D. X0.469- W.T., API'SL',' PSL-2, . -. PLAN AND PROFILE ' SMLS,.WI12 TO 16 MILS FUSION BONDED EPDXY AND HORIZ VERT: 1-=•10' 20 TO 2k MILS ARID _ z MINIMUM TEST PRESSURE: 2160 PSIG i T•.txern�a�/�IN ANIIM PAMCCFFTI W d"ETAr �. M' A" � - MAXIMUM,OPERATINGPRESSURE•1440P$IG O,�T�MQUME�OFT CODEOFF E REGEa„«� E '.INSTALLATION METHOD: HORIZONTAL ;DIR) CTIONAL•DR1Lt TTms,cERi�;r � oNuA,�," N"�rQO1rxA`TTmDRAWWGn AMca�mP�E�""re 1 ORCONCLUU4ESIFORMATION.TNE=NSTRUCTIONCONTRACTORMU CO ACTnM Z NOTES:. � STATE roHE CAIl•BYSIE11 pfOORTO ANYIXCAVATp1yTNE8l OOCU61ENi5 ARe , ^�^ PORTHE PURPOSE OP P.EREOTIIIIG ONLYAMO ARFNOTlO BE OEEO FOR CONSTRUCf10N. 1. ' CROSSING PIPE SHALL EXTEND TO RIGHT-OF-WAY LIMITS. r�l 2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS 3. .' PROPOSED PIPELINE WILL MAINTAIN MINIMUM P CLEARANCE FROM UTILITIES AND FOREIGN PIPELINES. 4. COORDINATE SYSTEM: NAD83 TEXAS.STATE PLANE, SOUTH CENTRAL ZONE- USFOOT (FMSCF). suNcxoo LEe T mn EXXONMOEIL MR-16A PIPELINE PROJECT B MEFORPERNR DMI712018 FA A 6SUEFORAPPROVAL DMI4RDI8 FA 10. REVISON DATE APPR SCALE DATE ORANN CHELNED APPROVED ASNOTED DBWQMO I TN SHL I FA E*onMobil ROAD. CROSSING DETAIL DRAWING PROPOSED 10" MR-16A PIPELINE IMOCO ROAD EXTENSION CROSSING NED2-JE-012.900 PR01. N0. DRAMG NUMUR SHEEP 24245 BMT-N2-MR16-UP-HD-0004 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE CITY ,OF BEAUMONT THE STATE OF TEXAS COUNTY OF JEFFERSON §:... Business Name: ExionMobilbil Corporation, Business "Phone: ( 601) 6724376 Business Address: : ,: 22777. Surinkwoi4 Village Parkway, Spring, Texas 77399. The City of Beaumont; :hereinafter called "City", for and in consideration -of : the sum specified herein .S500.00..ap01i6ti6n fee. plus $409.50 (182 linear "feet fora total of• 909.50 hereby grants, to EuonMobil.`Oil Corporation hereinafter called, "Licensee", the license to lay, maintain, operate, replace, or removea,pipeline for the transportation of 'oil gas, water, or liaht cycle Oil products; on.":or across the following City easement and/or property situated. outside•.the City of Beaumont,. Jefferson County, Texas, but being within . our Extra -Territorial Jurisdiction (ETJ) 'and/or Certificate of Convenience . and Necessity. . (CCN) and being `more particularly describedin _ Exhibit "A" attached hereto and made :a ` part hereof for all=purposes. Nearest Street' Distance. to: Easemefit . Length (I;inear Foot) of Crossing Sulphur Drive '182 linear foot. 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: • License Agreement fee _ $500.00. • Annual fee of $125 per"iinear 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 amual" fee for linear""foot usage shall" be- made to the Water Utilities, Department and payal?le 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 followmgmayresultin termination•ofagreement (see. page 8). GENERAL CONDITIONS:: • Licensee does not intendao;sell product for resale from the covered pipeline. to customerslocated: withiii the City; °however, Licensee recognizes that should it`" sell product for -iesale from this covered pipeline t, customers " witliin 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 iegulations controllingthe payment of such fee will be those'as lawfully established by the ordinances of the City. • All pipelines crossing, City of Beaumont utility easements, water•or sanitary sewer eas.6menti shall.be' bored from easement line to easement line: • Within these limits, the pipeline "shall be "protected by casing or other method ' approved bythe CityWater,Utilities Department. • The.pipe" line shallbe constructed in such"a manner as approved by the City; so as it does not interfere with the use of the City property: The pipeline shall be .installed a minimum of three (3) feet below ..ground . and a minimum of five. (5) feet below"the•lowest existing or proposed':ditch grades,. waterlines, .sanitary sewer lines or . storm , drainage lines, "unless " otherwise authorized by"the City. Such grades and lines shall be indicated on map submittal,:as well as depth of proposed pipeline (see page 2 The construction and operation of the pipeline shall not interfere with the . natural drainage in that area nor' with the drainage system of the City, nor with sanitary sewer lines; waterlines, or other utilities. Damage `to . existing ditch grade during, construction or maintenance of the pipeline shall ' be..corrected and. the,' ditch grade shall be restored. to the . condition and grade at which it existed prior to construction or maintenance. Bore pits shall" be backfilled according to,City, standards. Excavations necessary for ;the construction; repair, or - maintenance of the Pipeline shall be. performed ' hi' 'such a, manner. that will cause minimal inconvenience to ,the public.',,; Licensee -shall .promptly restore the area to as. good a condition a''s before.,,working: thereon and to the reasonable satisfaction of the, City's .Water Utilities.Department. • Operations' along easements` shall. 'be performed in such a manner, tliat all " property where operations are • performed, will be restored to -" original condition or batter. No equipment or installation procedures will be:used ' which, will damage - any .structures: ', `The cost of any repairs to structures, ' sanitary 'sewer;lines; water lines or other, easement features as a result'of this installationwilf be borne by the owner of.this line. • Any construction which takes place in, on, under, above, or across property not owned by the City shall, require additional permission by the owners) o the property :involved. Written proof of slid permission is to be provided to. the City- as. part ,_of ahe 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, Ipermits or-: agreements' required by another governm.esital entity. (County, ,State or.Federal) ,to -adjoining -property shall be obtained and a copy _of susWdocument_shall :be_provided_to_the City: ' . Licensee shall be responsible for acquiring all agreements necessary, for' the lawful use of any private'property. A. map showing the location of the proposed pipeline shall be provided. . 'The pipeline shall., be maintained and operated in such a manner as not to leak and/or cause damage to the City,property. Once the pipeline is in operation, any damage that occurs. to thepipeline which results in exposure or release . of product must be reported immediately to the City Fire. 3 Department and Water Utilities Department. Licensee shall fully, cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired. immediately by Licensee at it's own cost. . •" The Licensee :, shall be responsible .for the, cleanup and remediation of contaminated areas due to• exposure or release of product and any and all costs associated with. said cleanup and remediation. . �. The. Licensee alia11 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: 4 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'b'odily •injuries: and 'property damage, n ming .the City. of Beaumont as an Additional Insured. .Sup,' .policy shall provide for°the following mininuiri coverage:" :. Bodily injuries; • . $ 300,000.00 per person ' • $1,000;000,00 per.incident ' • Property Damage: $1,000;000.00 ' Such insurance . shall. , be:• maintained in':force and effect during, the ' construction �or required.maintenaiice' of the .pipeline and during the life; of. the pipeline Such .certificate: shall..contain a provision•=that :at. least fifteen (f5) days written notice "must be given to_ the City prior to , cancellation, .alteration; or. . modification of such visurance. • . Licensee shall have in • force with the-.City''a surety bond, inn the principal . amount of $L000;000.00. ' The bond' shall :be . payable . to the 'City of Beaumont for. .the' use .and benefit of: .any person .entitled' thereto and conditioned .that the principal and surety will pay all damages to any person caused by, or arising from;- .or growing:out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered," or otherwise modified, without giving fifteen (15) days prior written notice to the City. The . bond shall be good • and in effect for a period of one (1) year from the date of completion of construction of the pipeline. 4 •: Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for. injuries and damages to persons or propery occasioned by or arising out of the construction, maintenance, operation, repair or: removal .of the pipeline. This. indemnity expressly extends. to claims alleging negligence, by the City of'Beaumont, its agents, officers or employees, arising from, actions taken 'of occurrences :under this license agreement: If the pipeline or any part ,thereof, installed by Licensee shall be. in any respect damaged or iri�ured ;by City or any of. its agents of employees in connection 'with the performance.of, any`work:or repairs that maybe 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. injures so sustained by it; however; said conditions shall not: prevent Licensee• from.- recovering against any contractor who shall damage Lie ' see's. property in the `course of such contractor's. .:' performance of any Contract' with the City:. 'OTHER. CONSTRUCTIONIIVIA P_NANCE. WITHIN PROPERTY: ' JO ` City will use its best efforts .to; notify Licensee,of any proposed construction . ' and/or mainienaneeAo be done by. City'forces.'or.by contract for the City,,, within the property .mvolved'with.this license. ' Notification? to; `Licensee; ' of other ,constriction and/or maintenance . permitted by the' city and:withiii the `property: involved with this license will be the respon' kbilityof the company obtaining said permit. Licensee shall -nark the location. of its: dines -within forty-eight (48) hours after receiptsuch notification of proposed construction: Licensee shall `maintain a local, . or toll`free, telephone number to ;be called for notification', of construction. or 'maintenance .and for location of lines. Such number, .or charges to:such .number, will be provided to the; City (Water'Utilities Department)'and :kept� current at all times.: This number. shall .be provided 'to entities permitted to construct, maintain 'or excavate. within this City property and which are required'to provide notification of such work. . When -information has been .relayed to Licensee, through the phone number, provided;, ,such contact shall constitute notification, for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. 5 • City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to 'do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under the properly. 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, respohkble'for damages to.Licensee's facilities. ' Whenever .by reason: of the change in the -grade of the property occupied by Licensees' pipeline, or by reason of the -location .or manner of constructing drainage structures; Water. pipes, 94s,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 ' ieimbursement or damages against City. If the change is demanded: b' the City for the benefit of any other person or. private corporatron,. excepf the City; Licensee " shall be reimbursed fully by the person or, corporation'desirmg. or.,occasioning such change for any.. expense arising; 'Out such change; :Licensee .'will, upon notice from the ' _ City, make such ' . change immediately � ,and at its own cost; it being understood that. City. will not participate in; any part of the cost of any change involving relocation; altering," encasing, boring, or changing in any, manner of the pipeline where same is within City property. ; NOTiFICATION/INSPECTION: Any and all work to be performed' -on City" proerty shall be observed and inspected by a City. representative: Any 'Work''to be. performed within the City limits will .be subject to pen c.mspgctibn 'to "ensure compliance with constructionstandards: " Licensee 'shall provide the City(Water Utilities. Department)`forty=eight (48) hours, prior to the installation of the lines `pernutted by. this.'license. A representative "will` .be' scheduled to. be,.present. The expense" of such: inspection services may be, billed to'• the Licensee and such amounts will be reimbursed to; the. City. Licensee shall,notify the Water Utilities Department at least forty-eight (48)' ` hours prior to completion .of work' and removal of equipment from the job site to permit the City'to .make an inspection. 0 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 lie effected either by '-,personal delivery or by registered or certified mail, postage:prepaid with return receipt requested. Mail•notices shall be addressed4othe,addresses of the parties as follows: City of Beaumont ExxonMobil=Oil'Corporation P.O: Box3827 •22777 Springwood•Village Parkway Beaumont, Texas 77704 Spring, Texas 77399 ; Atta: City Manager Attn: Mattheyv Horneman• Upon cancellation, the pipeline shall be:r•emoved 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 thisagreement•will remain the property of the City: There'will be no reimbursements.. . 7 No Text JEFFERSON COUNTY, TEXAS JOHN A. BEATCH SURVEY, ABSTRACT NO. 55 PRO I*D- ' R=16A QNED2,JE-005:000 O� ���/G� F� �5 cgzm POQ �Cy �OQ pF G�Q� �oQ O �OGtG.,. CS � pQ OG� k�� .�.. '� . . NED2,1E-004 000 4' / /7�p FL 1 Q, 3 oa CL PROPOSED T`Mfg-'16A %.'21' LAT.' 30D01'39"N (LCO). PIPELINE EXISTING FOREIGN LONG:94D04'01"W /z • z o o � � � NED2-JE-005.000 .z :2-1a ., •.o ,; � d.z m. x m u.. LL x..a�z '62 o C o w w C,.¢ z 40 o w o o °d� O C'7 N 'd' .•'(per r V' N m 2 + co • ' O O O O - NATURAL....:'.....: ; ., NATURAL) .20' GROUNT3 .. .... -.-_........................ ., .. _ . r� - •- - = -.,: . ' -'.._...... '..:.: •. �. .. . - •GROUND. .. 20r ... 7_7�w. 01 :..... 25' CLR:......:. . z 53' CLR . . 61' CLR. �p .........:....... .............. .. _ .................... •.................... -40, CL PROPOSED 10" MR-16A s (LCO) PIPELINE " o-00' ' '...'....r..:... .. -60' g ORODU•CT LIGHT-CYCLEOIL a CROSSING PIPE:• 10.75 O D:'X_ 0.469° W.T., API 5L, PSL 2, PLAN AND PROFILE. ' •` , ' SMLS, WI72T9.;16 MIL5TUSIOI4 BONDED EPDXYAND HORI2---1"=40'. •20.TO 24 MILS ARO VERT: '1"=10' 'MINIMUM TEST PRESSURE: 2166 PSIG ' THAATTHHED""CN AND PYREDOFI�ICALDMUGNOFFTTTEPPElTP7E�RE�lATEOly�-MY 1VIA�CIMUIVI OPERATING PRESSURE: 1440f SIG]�TeoREzcEms»reReaumme�TsoFTNEeoeEOFrenERn�REouurwNs,TmP ' (�(J� INSTALLATION METHOD: OORIZONTAL DIRECTIONAL DRILL;,�s"�'To-�i" ] ",ro =L.�' o',u ,Q �m . uj ORCONGLTI9RlE OD'DRYATIM THE CONSTF"ILRON CONTRACTOR A ,CONTA.GTTHE Z� NOTES: STAre roNE CALL• SYSTI9R PFUDRTO ANY F VATNNLTHE9E"D000ENTS ARP.. �^ MRTHE PDRPOSE OPP9UMM ONLYANDAR KOTTODE USED FOR CON4fRUGTi01L o� t CROSSING PIPE SHALL EXTEND TO RIGFf F-WAY LIMITS. - 2 REVIEWCROSSWGAGREEMENT FOR ADDIliONALREQUIREMENTS Z 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM T CLEARANCE FROM UTILITIES AND FOREIGN PIPELINES. - .4. COORDINATE SYSTEM. W83 TEXAS STATE PLANE, SOUTH CENTRAL - ZONE, US FOOT ( &MqF)DAre reYASPE N0.11]LliS EXXONMOBIL MR-16A PIPELINE PROJECT E ^nMobil ROAD.CROSSING DETAIL DRAWING PROPOSED 10" MR-16A PIPELINE SULPHUR DRIVE CROSSING NED2-JE-005.900 cMUE FOR PERA9T o ame FA R MUEFDRPHDIIT 07MMO FA A MIEFORAPPROVAL OR4=8 FA NO. REVM DATE APPIL SCALE DATE DRAWN aECKED APPROVED PRDA. NO. DRA-NUMBER SHEET ASNO70 DaysmTte TN SIa FA 24245 1 8MT-N2-MR16-UP-HD-0001 1 OF 1 APPLICATION FOR UTILITY CROSSING AGREEMENT OUTSIDE THE CORPORATE LIMITS OF THE .CITY. OF BEAUMONT THE STATE OF TEXAS' § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation ' Business Phone: (' 601) 672-9376 Business Address: 22777 Springwood Village Parkway, Springy; Tezas 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 application fee plus. $94.50 (42 linear feet for .a total of $594S0 hereby grants to ExxojiMObil Oil Corporativn.hereinafter called "Licensee", the ,license .to lay, maintain, operate; replace, ' or .remove a pipeline for the transportation of ;Oil, gas, water, or light cycle Oil products, on .or across the following City easement and/or property situated outside the City of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction (ETJ) and/or Certificate of Convenience and Necessity (CC, N) and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Nearest Street Distance to Easement Len Foot of Crossing Spindletop Road 42 linear foot 1 COST. OF LICENSE: Licensee shall make payment to the. City of Beaumont as. follows: • .'.License Agreement fee - $500.00 Annual fee of $2.25 per linear- foot, of pipeline located'.within City property.. Said fee shall be reset on.January 31•,. 2011 and shallbe reset every. ten (10) years, thereafter, to. a level to. be determined by the City Council or 'their delegated representative: All ; fees; � •imluding the first annual fee for linear foot usI.age � shall.' be';made: to the , •Water Utilities• Department and .payable to the City of Beaumont prior to . construction. This!hcense-is ,granted by the City of Beaumont subject•to'condit ons • Failure -to comply witl ,the following may result in termination of agregment,(see"'page 8): GENERAL CONDITIONS: • "Licensee does not intend to "sell product for.resal'e 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 renfal fee based.on;reVohucs.. The annual fee and the regulations 'controlling the payment of. such fee will be those as lawfully established by tlie'.ordmances of the .City. . All pipelines crossing City of Beaumont".utility'easements, water or sanitary sewer easements shall be bored from easement hne:to easement line: Within these limits, the pipeline shall be protected by casing or other method approved by the City Water Utilities Department.. • The pipeline shall be •constructed in .such a,•manner as �approved.by the. City so as if does not interfere with the use of the City proper ty. • The pipeline shall be installed a minimum of. three. (3) feet: below ground and a minimum of five (5) feet: below the lowest existing or proposed ditch . grades, waterlines, sanitary sewer lines or storm drainage . dines, unless otherwise authorized by the City. Such. grades and lines shall be indicated on.map submittal, as well as depth of proposed pipeline (see page 3). 2 The construction and operation of the pipeline shall not .interfere with the natural drainage in .that area nor with the:.drainage system of the City, nor with sanitary,sewer lines, waterlines, or other utilities. Damage , to existing ditch •grade during . construction or maintenance of the pipeline .'shall -.be corrected and Ahe 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 restoie`the area to. as -go-ad a'condition as before working ;•thereon an Jo` A. the the satisfaction of the City's Water. Utilities Department. • Operations along easements shall' be performed . in' such a manner ,that' :all property, where operations are performed• •will be 'restored to original -condition°6r'better. No equipment or installation procedures::will.be,used which -will damage any structures. The cost 'of any repairs to' structures; sanitary. sewer lines, water lines or other. &asement features' as a result of this installation will be borne by the owner of this line. Any:construction which takes place• in, on, •undet; abgy--e,, or across property, not;owned' by,the City shall require.additional pernussio i by owner(s) of " the prop:erty involved. Written proof. of said perrriission is to`be provided to the •City .as part of the application' prggess.• • Approval - of this license agreement,excludes permission to do, any.constructi'on on property:wh.ch is not owned by the City of Beaumont. "An y licenses, permits or agreements"required by another governmental entity (County, State or Federal) to adjoining property shall be obtained and aycopy'of such document shall be provided to.the-City • Licensee shall be responsible for'acquirmg all agreements he' cessary.for the 'lawful use• of any private property: • A. map showmg.the location of the proposed, pipeline: shall be provided. The, pipeline shall be maintained, and operated 'in such a manner .as not to leak and/or cause damage to' the City ,property. Oncethe 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 3 Department and Water Utilities Department. Licensee shall fully cooperate with the Fire Department and 'provide; or assist with providing, any and all necessary notifications,, evacuations or other necessary. actions: Leaks or, other defects are to be repaired immediately by Licensee: at it's own cost: • The- Licensee shall be . responsible for the. cleanup and, remediation of. contaminated areas due.to exposure or release of product and'any.and, all costs associated with said cleanup and.remediation: The Licensee shall be responsible for any and allcosts associated with the relocation: of.the pipeline: As provided, the: necessity for relocation of;the pipeline shall be, solely within the discretion of City. • Installation will'be done in accordance with all City standards and 'statates of the:State.of Texas. REQUIRED COVERAGE:.. �. Licensee shall 'famish the City with a .Certificate of Standard Liability . Insurance; including bodily injuries and .pi operry damage; naming;: the' City, of Beaumont ;as .an Additional Insured. .Such policy shall provide •,forthe ' following minimum coverage: • ' Bodily injuries: $ M0,00.0:00 per person. $11000;00000 per incident. •. Property Damage: $1,000,000.00' Such .insurance shall . be maintained �Jn force and effectL ;during the construction or ,required maintenance o f the pipeline and da ring the life of the pipeline. ; - Such: -certificate shall contain a provision that: at .least fifteen MY 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 fo .any person' caused by, or arising from, or growing out ofany: violation of the.terms of this agreement. The bond shall provide that it may not be cancelled, altered, or. .otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect - for a period of one (1) year from the date of completion of construction of the pipeline. 4 • Licensee shall indemnify, save and hold harmless the City of Beaumont from; any and all claims for injuries and damages to. persons or property :Occasioned by or arising, out of the construction, maintenance, operation, repair. or. -removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of -Beaumont, its agents, officers or employees, arising from 'actions taken or occurrences under, this license agreement. If the ,pipeline or any part thereof installed by •Licensee shallbe in any respect damaged or TJured by City or any of its agents or employees in _- connection.` with the. performance of any work or repairs that may_he done upon the property, mentioned herein: Licensee shall not: be entitled to prosecute or maintain a. claini• 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` sliffl, -damage. -Licensee's property in the course:,of such: I contractor's . :,:performance of any.contract with the City. OTHER' CONSTRUCTION/MAiNTENANCE wTTHiN PROPERTY: ; • -City will use its,best efforts to notify Licensee'of any proposed=construction and/or •maintenance, •to be done by City forces •'or by contract or, the :City; within the property. involved with this license Notification,' to.- Licensee, - of other construction, _and/or maintenance,' P 5 • City reserves the right to lay, and to permit to be laid, sewer, gas, water and . . other pipes and; cables, and to do or permit to be. done any underground. work that may., be deemed to be necessary or proper by City in, across, along, or, under.the property. In doing or permitting any, such work, the, City of Beaumont shall not be liable to Licensee for any damage occasioned; it' being understood that nothing herein.shall be. construed.. as foreclosing Licensee's rights; to recover; damages against. any contractor or third party Who maybe ;responsible for 'damages to Licensee's `,facilities. • Whenever"`by..reason. of the change in the grade' o f the `property occupied by Licensees' pipeline, or by ;reason of the location.- or manner" of constructing daamage. structures, water pipes, gas pipes,. sewers, or other. underground, aonstfuction for any purpose whatever, it' shall "be:deemed,nec$ssary "by . City .to relocate, .alter, encase, change, adopt or• conform the ,pipeline" of .hicensee" thereto; " such change shallbe made' promptly',"by""Licensee. at its.. " cost. a d without ' claim for reimbursement or . damages . againsf. City . " .If the, change. is demanded by the City for the "benefit; of" any ' er.�person; or. .. private : corpof anon. except.the City, Licensee shall"be reimbursed fully by the person or corporation desiring or occasioning such change or any expense"arising gout of such; change; Licensee will, upon.'notice' from"the. City; make such :change immediately and" at" its own cost, it; being. understood ".that City will not participate in any' part of the, .cost of . any " change -involving relocation, altering, encasing, :boring, .or changing in any manner of the pipeline where same is within City"property. NOTiFICA'T1ON/INSPECTION: " • Any and all" work -to be performed on City property shall be.observed.and .inspected` by a City representative. Any woik..to be peiform4vithin tl e ;City hmits will be'subject to periodic inspection to ensure" compliance :with . construction`standards. • hicense6 shall;piovide the City (Water Utilities Department) forty-ei&((48) hours prior to the, installation of. the lines permittedby this license. 'A representative.' will be scheduled to' be ,present. " The expense . of such , inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. • Licensee shall "notify the Water Utilities Department at, least forty-eig4t:.(48) hours prior to completion of work and removal of equipment from the job site to. permit the City to make an inspection. Cel SPECIAL CONDITIONS: Nonassignable This license is personal to the'Licensee. It is nonassignable and any attempt to assign.this license will termiiate. the license privileges'granted to Licensee hereunder. Termination This agreement is subj ect to termination by the City if any. condition' - herein is not met: This agreement may also be terminated by the Licensee. Either party.attempting•;to terminate this.agreenient shall give written notice.to the other specifying the data of and the reason.for termination. ' Such notice shall be. given not less tlianahirty (30) days.prior to the termination date, therein. specified. Any written notice maybe effected 'either;by personal delivery or -by registered•.or certified mail, postage prepaid witl return receipt requested.• •Mail notices shall be addressed to the addresses of the,.parties as follows: City 'ol'Beaumont ExxonMobil Oil Corporation P:O.-Box,3827 • 22777 SpringwoodVillage Parkway, Beaumont; Texas 777W Spring,'Texas 77399 ' Attn: City Manager Attn: Matthew Hoineman; > Ipou cancellation,; the•pipeline shall be removed and property restgred to a coiiditiori 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 willbe no reimbursements.: 7 Commencement' of work. on the pipeline by Licensee after the date of this fully executed: license shall be. construed as evidence of Licensee's acceptance' and., approval of" the' conditions above set forth. IN WITNESS "WHEREQF, the City of Beaumont, Texas, has caused these presents to be signed by. its City Manager and the, seal, of the City to be herewithaffixed by th' City Clerk ,this day ' f A.D. 20 . !�h yr CITI' OF BEAUiVIQNT;:TEXAS:.' .. Kyle Hayes; City .IVlanagerAA EST:" .. . °... :. City Clerk . " , ". ®ems®��ep���� . :... ' .:. • ". ®�� �� APPLICANT S,COMPANYNAME; (Licensee] .. ; ® P ExxonMobil,Oilco)rporation° ., Represented by::. . 0�e Matthew Horneman. Agent and Attorney in Fact- Title ATTEST: 72�,• FA - ii. N. JEFFERSON COUNTY TEXAS 'sGvla�t� 4e`� JOHN A. BEATCH SURVEY, ABSTRACT NO. 55 C W UZ.. �+a. t'> w -0 c o We X3Q o O _;�:-ja i Z qci� OLL �O LL oda� aw w a C) tiY� o o, w o�w LL �. zaw'o c� o oIrao O CpO-'.e- ' Z. O CO a7 1M� O O O O O O O .. NED2-JE-005:000 '. � � w x �, I NED2-JE-006200 FLOW w I .86° 0+00 z I 1+00 30°01`37"N, x. I CL PROPOSED 10° MR 16A 31' LONG: 94°03'59"IN .I � (LCO) PIPELINE: , -� � �;�i . � ' a I" " ,� NED2,lE-0D6;OOD •' Y EXISTING FOREIGN P~ I ~o I IPELINE ` w w o �CL ' G iy J (D C3 ,)p................ :........................ ..... W O ¢ v O .... .... w o cd u 3 w o ' 40' oo+ `�+V+ NATURAL CD o 0 0 0 0 0 0 o NATURAL GROUND • .,::.................. GROUND 20 ...........................................,.......:....._......,,:...,. .... 20" , op .......... p. 7 , CLR...... 7 ' CLR........... . ..'.......:...: '.:.......:...... `.'..` -20 20' 74 CLR:. 8 CL PROPOSED.-W MR46A (LCO) PIPELINE $ PRODUCT: LIGHT CYCLE OIL a CROSSING PIPE: 10.75° O.D. X 0.469' W:T.,•API.5C, PSL,2,: PLAN AND PROFILE - - SMLS, WN2 T0.16 MILS FUSION BONDED, EPDXY, 'ANDof . HORIZ: 1" = 40.' 20 TO 24 MILS AR0 •VERT: 1"=10' MINIMUM TEST PRESSURE: 2160 PSIG % G W„,g,APROFE,e�RL NZ AMOFTEWkHUkEBY P MAXIMUM OPERA ING PRESSURE: PSIG THAT7He""°-"'�"o:�"""�"'-°�'°"°FTME-R` . °R�,� ReoumEL�ma OF,RE Hof of FmB AL REWLATgNS, TRLE INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL';,aR�P 17ERT7M B A �" o"a°�R" �°TT � Wwo � =� Y' NOTES: °RC° CWS WOMATMnMc STRucna CMMIA°roawsr°°NTAUME • sr"re•°Ne cAu•srsrEn PWORT°ANYEItGVATR]N,T@Seo000I.@lTf9ARe.,. JI RELEASF°RTNE WID'04E OFPER"pi]P100NLYA1m AR0 N°f.i°RE U9m F°R . F C°NSTRULfION.' ' 4 1. CROSSINGPIPESHALL;EXTENDTORIGHT-0E-WAYUMUS 2. REVIEW CROSSING AGREEMENT FORADDITIONALREOUR"EMENTS 3. PROPOSED PIPELINE WILL MAINTAIN MINIMUM T. (XEARANCE FROM - UTILIT[ES ANID,FOREIGN PIPELINES. - 4: COORDINATE SYSTEM: NAD83 TEXAS STATEPI.NE, SOUTH CENTRAL ZONE, US FOOT (T)(83-SCF) s G"Dm LIE PATE Q Teiwa PE.N°.1tam! . EXXONMOBIL MR-16A PIPELINE PROJECT E*onMobil ROAD CROSSING DETAIL DRAWING PROPOSED 10" MR-16A PIPELINE SPLINDLETOP AVENUE CROSSING NED2-JE-006.900 cLSSNEFMPB"Af OM72M8 FA S 9WEFMPBW mDMe FA A KMEMAPPRCVAL 1fiQ08 FA RMMSCALE �,�R DATE NRAWN CHECI® APPROVED PR°I. NO. �RAWYlG NUA�ER uUP-HD-0002 SHEET AS �CTLII Ceae . -. - FA 24245 BMT-N2-MR16 1 OF 1 d Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-1644 Ph. (610) 832-8240 LICENSE & PERMIT BOND Bond Number:' 0.19065197 KNOW ALL MEN .BY THESE PRESENTS, that we EXXONMOBIL OIL CORPORATION, 22777Springwood5 Village Parkway, Spring, TX 77389 as principal (the "Principal"),,, and`Liberty Mutual Insurance Company,.a Massachusetts $tock.insurance company, as surety. (the "Surety"), are held and,firmly bound'unto . CITY OF BEAUMONT P..Ow Box 3872; Beaumont', Texas 777.04 fie "Ob as obligee (t ligee") -in:the penal sum of :One Milliori.and No/100 ----=- — — -- --- - - -- — — -- Doilars, ($ .1;000,000.00 for:;the payment of which` sum well, and truly, to be made, the Fnnclpal and the Suety; bind ,ourselves; '.our heirs; executors; admfriistratoes, successors,and assigns, jointly and se verally,'firmlybyahese presents. WHEREAS, ttte Principal figs applied for a license or permit for .�tp�lneirnprovamer;t InlBetive Prated MR-,sA Construct plpennes In me cltyof Beaumone, • Jefferson County, texas. .The route of the pipelines will cross 4 roads owned by the City of Beaumont. Roads to be'crossed are Amco Road,`Amoco lRoad, Spindletop'Ave.; and Sulphur DrNe. , - forthe`. term beginning the atn day of November 20: 1i3 '".;;arid ending the • sth ` day, November 2019 and this Bond is antended to cover the term of Said License or Permit, NOW, ;THEREFORE, THE"CONDITION OF THIS OBLIGATION 'IS-SUCH;"that if. the license 'or, permit is issued to the Principal, ''and, if Principal shall indemnify and' save harmless :the Obligee from ,and-'against.all foss; to which, the-. Oblige e.may be subject by reason of the Principal's breach,• of any ordinance, rule, -orrelating to the above . descnbed license or'permlt;'then'tt is'obligation shall:be'null and void, otherwise to remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1.. The liability of, the Surety hereunder shall in no event exceed- the,'penal sum of -this bond,as stated above, . . regardless of the -number of years the bond•'shall continue'in'force. 2:.. This borid,shall continue in force until (surety shall elect either'pptioti a or b) ; 0 a. the - day of ' ;'20 or. until"the expiration date of any Continuation Certificate executed by the Surety. 0 ` . b.: the Surety notifies the Obligee in writing of. its cancellation• of,tfie bond. Tlie. Surety shalt be relieved of any, further liability under this bond thirty (30) days after receipt of said "notice by .the Obligee, except for defaults occurring prior thereto. 3. Any claim,: under :this bond must -be presented in .writing. to 'the 'Surety ici -the attention of The Surety Law `Deportrient:at the following address Interchange Corporate Center,450 Plymouth Road, Suite 400, Plymoutii ' . : Meeting; OA 19462=1644. Should the address of the Surety change, then notice shall be delivered by, the . Obligee to'the Surety as.directed in writing�by the Surety: DATED as of.this• • sth day of November, 20 '8' '. WIT S /, EST.' EXXONMOBIL.OIL. CORPORATION, \ , (Principal) By (Seal) Title: /a,jT�IrzN Eat (N A eT LIBERTY MUTUAL INSURANCE COMPANYI (Sure ) ,. By: . (Seal) Julia R. Burnet, Attorney -In -Fact ' LMIC-6500 i Rev.03/04 ).lr •ll�4 oLibel mutual® SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8196842- 019008 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies'), pursuant to and by authority herein set forth, does herebyname, constitute and appoint, Jonathan F. Black;• Stephanie S. Helmig; Joyce k,Houghton; Matthew J. Rosenberg, Denise M. Bruno; Julia R. Burnet; Elizabeth P. Cervirii; Christine M. Hrusovsky-, David A:. Johnson; Harry'C. Rosenberg;'David C. Rosenberg all ofthe'aty,of 'Waynestate of . PA each individually.if there be more than one.hamed, its true and lawful attomey=in-fact to make, execute; seal, acknowledge and:defiver, for and on its behalf as surely and as its act and deed; any and all.undertakings; bonds, rei:ogn¢ahces and other surety obligations, in pursuance ofthese'presents and shall be binding upon the Companies as if they have been duly signed by the president'.and attested by the secretary of the Companies in their own proper persons. IN. WITNESSWHEREOF; this Power of Attomeyhas been subscribed by an authorized officer or of6ciat of the'Compapies and the corporate seals of the Companies have been affixed thereto this' .14t1i day of ' September' 2018 . Liberty,Mutual Insurance Company:'. a INS u� QyKI INS& 'INS u� The:Ohio Casualty Insurance Company R9y 4 oaPOtt ar yo WestAinancanlnsuranceComparry 1912cli � 0 1919 '� s 1991'. ' s° d �gcxu5 a o `�„aere$r� aa' l �HniANP a� iL' . . • . �en t ��r1, . * ►�M 1` Ely • . David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY°.ss On this 14th day of September , . 2018 before me personally appeared Davi&M. Carey, who adcnoWedged himself to.be the AssistantSecretary of liberty Mutual Insurance Company; The Ohio Casualty Company,, and West American Insurance Company; and that he, as Sd*1 being authorized so tondo, execute theefix Bing instrument for the purposes = therein contained by signing on behalf of the corporations by himself as a duly authorized, officer. „ F IN WITNESS WHEREOF 7 have hereumto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day. and year first above written. b yp PAg� - C Q� ON F� COMMONWEALTIiOFPENrdSYLVANIA G °may y . Noferfal Seal. ` • C OF Teresa 'Pastq , Notary'Pbelic . " L g Upper Marion Twp., Montoery Cotmbt G •' . 7r 5YL�r'�`PG My Commission Lxphis Minch 28,=21: eresaPastella, Notary Public" Member, PeTmyMn1aAswc1atbn of Notaries This Power of Wmey..is made and eirewted pursuant to and by authority of the kiii)drig� By-laws and Authorizabons of The Ohio Casualty>InsuranceCompany, Liberty Mutual' :E Insurance Company; and. West,Ametfcan Insurance Company which resolutions are nouy'fn f 11 force and effect reading as fo8ows: c ARTICLE N-OFF.ICERS Section 12.Power of Attorney. Any officer or. other official of Corporation authorized for that purpose jn writing by the Cha'rrdiah or the President and subject to such. limitation as the Chairman or the Presidert may prestxibe,.stiall appomf sudi attorneys in -fact as may tie"necesseryto act in behalf of ttie Corporation to make;;.exeaute seal, admowledge and deliver as surety ; any and an.undertakings, bonds, retognizances and other surety obligations. Such aftomeys-in-fact, "subject to'the limitations set forth in 'lhelr respective powers of aftomey shall r have full power to bind the Corporation by -their signature and execution of. any such instruments and to attach thereto`,the seat of the Corporation. When so executed, sudr " instruments Shall lie a's,binding as if signed by the President and attested to by the` Secretary: Any power.or'authorfty;granted, to,'ariy representative or attorney in fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officeror officers granting such power or authority. ARTICLE Al ' Execution of Contracts: Section 5; Surety Bonds and Undertakings. Ariyofficef of the °Company authorized for that purpose in c writing by the hairmari,or the president, and`subj'kt.to such limitations'as the chairman or the president mayprescdbei F shall appant'such attapey in -fact, as may be necessary to act in behalf of the Company to, make, execute seal, acknowledge and'defiver as surety any and allundertakings, . " bonds, recognizances and,othersiirely.obligations. Such attorneys-in-factsubjeit to'the limitations set forth in their respective p',owers. of attorney,. shall have full power to.bind the Company by.theie signature and execution of any such instruments.and to attach theretb'the seal'of the,Company. When so executed such instruments shall be as binding as if signed by the president and attested by"the-secretary. Certificate:ofDesignatlon-'The President,ofthe Company, acting pursuanttothe.8ylaws ofthe Company,'authoroes David M..Carey,'AssistantSecretaryto appoint such attorneys in- . -fact as maybe hecessaryto ad on behalf of the Company to make; execute, seal, acknowledge and„de n.w as,surety any,and all'undertakings, bonds, rei:ognbances and other surety obligations Authorization - By unanimous consent of the Companys Board of Directors, the Company consents, that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing -upon a cerfified copy of any power of adorrieyissued by the, Company,in"connection with surety bonds; ,shall be valid and binding upon the Company with the same force and'effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty; Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power bf attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 8th day of : November 2018 INS pyjv INs& tNsu p j O�Tcb�o�rFo yo°°�O�r�a Rio g 1912 0 1919 2 1991 /107��,G.6Gy� 3 acx°9 aa� y0 NAe 9; L ! �ntAeP a By. ) * d Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 062018 Lib" LIBERTY MUTUAL INSURANCE COMPANY mutug° FINANCIAL STATEMENT — DECEMEBER 31, 2017 SURETY Assets Liabilitie's Cash and Bank Deposits ........:................................ $370,003,299 Unearned Premiums ::.................... ........... ---..._........... $7,503,154,581 *Bonds—U.S,Government:.....:...:...:: ................: 1,331,664,975 Reserve for Claim's and Claims Bi-pense.........::...... 19,658,731,454 .... *Other Bonds....:: ...........:....:................................. 11,127,053,004 . Funds Held Under Reinsurance Treaties.: ............... 224,693,828 Reserve for Dividends to Policyholders ............:..... %7,520 *Stocks .................................................. .. 16,367,850,688 Additional Statutory Reserve ......:................... 52,491;027 Real Estate.-: ................:.:.:...:.................................. 272,895,626 Reserve foi Commissions; Taxes and. Agents' Balances or Uncollected Premiums ...... 5,258,657,823 Other Liabilities .:.. .. 4,049,392,852 Accrued Interest and Rents.....................................100,341,596 .:..". .... Total ' Special Surplus Funds .:............... $176 230;822 Other Admitted Assets... ................................. 11,192,287,530 Capital, Stock ................................ 10,000�000 Paid in Surplus .............:..:.....:.:.. 9,484,316;385, Unassigned,Surplus:.:.,............ .:... 4,860,776,066 Total Admitted Assets,:».:.:;.::..: ..:...... .......... .020;754 541 Surplus to Policyholders..»...d..:......::..:......:.. 14,531.323,273 Total Liabilities,and Surplus ........... .....:,.:c.......... 546,020 754541 Bonds are stated at.amortized or investment. value; Stocks at Association Market Values. r . i9ii The foregoing financial infiormaation is takenTrom Lib6rtyMntnal,Insurance°Company'' fwancial y�''9`F2ti statement filed with the state of Massachusetts Department of Insurance., 1, TIM MIKOLAJEWSIU; AssistantSecretary of Liberty Mutual Insurance Company, .cio hereby. certify: that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2017, to the best of my knowledge and belief. IN. WITNESS WHEREOF, I have hereunto set my hand -and affixed -the seal of said, Corporation at Seattle; Washiington, this 161h day of iVlarcb,.2018. Assikaazit Secretary S-1262LMIC/a 3/18