HomeMy WebLinkAboutRES 19-040RESOLUTION NO. 19-040
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to grant a Utility Crossing
Agreement to ExxonMobil Oil Corporation, substantially in the form attached hereto as
Exhibit "A," to install a ten inch (10") pipeline which will cross undeveloped Veatch
Avenue for the purpose of transporting light cycle oil. 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 26th day of
February, 2018.
•r,
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, Texas 77399
The City of Beaumont, hereinafter called "City", for and in consideration of the
sum specified herein $500.00 application fee plus $90.00 (40 linear feet for a total of
59$ 0.00 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
Undevleoped Veatch Ave. 40 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).
4
The construction and operation of the pipeline shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance of the
pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
Bore pits shall be backfilled according to City standards.
• Excavations necessary for the construction, repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's 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.
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 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.
NOTTICATIONANSPECTION:
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.
I
SPECIAL CONDITIONS:
Nonassi ng able
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either parry attempting to
terminate this agreement shall give written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (3 0) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont 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 properly of the City.
There will be no reimbursements.
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal ofthe City to be herewith affixed by the City
Clerk, this day of . A.D. 20
ATTEST:
City Clerk
CITY OF BEAUMONT, TEXAS
By:
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
ExxonMobil Oil Corporation
Represented by:
Matthew Horneman
Title: Agent and Attorney in Fact
1pipelines\Wpeline license agree 9 Revised 12-142007
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(T.O.P. EL. -45.0) . . ... . . ... . . ... . . sa
PRODUCT: LIGHT CYCLE OIL (LCO) PROFILE
CROSSING PIPE: 10.75" O.D. X 0.469" W.T., API -5L, PSL 2, HORIZ: 1"= 50'
SMLS, WM2 TO 16 MILS FUSION BONDED EPDXY AND VERT: 1"=50'
20 TO 24 MILS ARO
MINIMUM TEST PRESSURE: 2160 PSIG
MAXIMUM OPERATING PRESSURE: 1440 PSIG
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL
NOTES:
1. CROSSING PIPE SHALL EXTEND S BEYOND THE RIGHT-OF-WAY LIMITS
2. REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS
3. PROPOSED PIPELINE WILL MAINTAIN A MINIMUM Z CLEARANCE FROM
UTILMES AND FOREIGN PIPELINES.
4. COORDINATE SYSTEM, NAD83 TEMS STATE PLANE, SOUTH CENTRAL
ZONE, US FOOT (TX83SCF)
EXXONMOEIL
MR -16A PIPELINE
PROJECT
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REVISION DATE APP
SCALE DATE DRAWN OTDIED APPROVED
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4 JON MARNIE, A PROFESSN] ENOINEJ]iIN THE STATE OF TEYAS, HEREBY CERTIFY
THAT THE CML AND MECHANICAL OESIDN OF THE PIPELINE ANO RELATED �
MEETS OR EXCEEDS THE REOUDREEIE9TTS OF THE CODE OF FEOERAL REGULATIONS, TRLE
49, PART 199,- TRANSPORTATION OF HAZARDOUS LIOUIM BY PWEL LATEST EDDION.
THIS CERTIFICATpN NAHES NO OOARANTEETHATTMS ORAVAN0 CONTANS DDV N FfF
OR CON=SPIE OtFOlOJATION.THE CONSTPIICTION CONTRACTOR MUST CONTACT THE
STATE 'ONE CALL' SYSTEM PRIOR TO ANY EXCAVATION, THESE DOCUMENTS ARE
RELEASED FOR THE PURPOSE OF PERMITTING ONLY ANO ARE NOT TO BE USED FOR
CONSTRUCTION.
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DATE
ROAD CROSSING DETAIL DRAWING
PROPOSED 10" MR -16A PIPELINE
VEATCH AVENUE CROSSING
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PROJ.NO. ORAWNG MMIOER SHEET
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UPI DRAWING N0: 24245-507-DTL-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 $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
Undevleoped Veatch Ave. 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 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).
PA
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.
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 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.
rol
SPECIAL CONDITIONS:
Nonassianable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this agreement shall give written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (30) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as follows:
City of Beaumont 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 WEEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by i_V City Manager and, the seal ofthe City to be herewith affixed by the City
Clerk, this V day of lestucr A.D. 20
ATTEST:
City Clerk
n
CITE' OF BEAUMONT, TEXAS
by: L l (-
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
ExxonMobil Oil Corporation
Represented by. -
Matthew Homeman.
Title: Agent and Attorney in Fact
JEFFERSON COUNTY, TEXAS I�� �f
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JOHN A. VEATCH SURVEY, ABSTRACT NO. 55`R ivcd�r0
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NED2�lE-003.000 I I m LAT:30°01'46.96"N NED2,lE-003.001
Ill 93° LONG: 94°04'11.94"W FLOW
CL PROPOSED 10" MR-16A
I I (LCO) PIPELINE
I �
PLAN
HORIZ: 1" = 50'
3
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GROUND ........... T . . . . . . . . . . T .......... GROUND
7. 0l . . . . . . . . . . . . . . . . . . . . 0l
60.0' 57.9' 54.6'
53.2' CLR. CLR. CLR.
-20 . . . . . . . . . . . CLR.. .1. . . . . . . . . . . . . . . . . . . . . . . . . -20'
'-PROPOSED 10" MR-16A (LCO) PIPELINE
-60L (T.O.P. EL. -45.0 )
PRODUCT: LIGHT CYCLE OIL (LCO) PROFILE
CROSSING PIPE:10.75" O.D. X 0.469" W.T., API 5L, PSL 2, HORV: 1" = 50'
SMLS, W/12 TO 16 MILS FUSION BONDED EPDXY AND VERT: 1" =50'
20 TO 24 MILS ARO
MINIMUM TEST PRESSURE: 2160 PSIG
MAXIMUM OPERATING PRESSURE:1440 PSIG
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL
I )ITTHEON WIE APROPEBSIONAAL—IONOF ENGINEER THESTATEOANORELAT-AYCERTIFY
THATTHEq ANO 11EC1UNiCAL DESRiN OFTHE PU'E AN D RELATEDASSEADlLTff
NOTES:
NFETSORE%CE®STHETATM NCNBOFTHECODE OFFEDERALREODLATpEDITIO P
OF
PARTTIF,'fMNSPORfA
NONOFHAIA THAT THISD AWING OONTAATESTEDRgN.
TH
THIS CERTIFICATION MANES NO GUARANTEE THAT THIS DRAVlp10 CUYTAINB COMPLETE
1. CROSSING PIPE SHALL EXTEND S'BEYOND THE RIGHT-OF-WAY LIMITS
CONCLI181VE OS'ORNATION.THE OONBTRUL VAT CONTHALTOR NDSF CONTAOTTHE
STATE
STATE'ONECALL' SYSTEM OF TO ANTE](CAKYAN. THESED TOHEU ARE
RELEA9EO FORTHEPDRP0.4E OF PERMRTNOONLYANDARE MOTTO RE DSEO FOR
2 REVIEW CROSSING AGREEMENT FOR ADDITIONAL REQUIREMENTS
CONSTRUCTION.
3. PROPOSED PIPELINE WILL MAINTAIN A MINIMUM 2' CLEARANCE FROM
UTILITIES AND FOREIGN PIPELINES.
4. COORDINATE SYSTEM: NAD83 TEXAS STATE PLANE, SOUTH CENTRAL
ZONE, US FOOT (TX83-SCF)
MN YAPfHE DATE
TEAS PE NO IMU
EXXONMOBIL
MR-16A PIPELINE
PROJECT
Lq
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7 AfY�/�`Is`IeW�
SSUE FOR PERM
olma19
SSUE FOR PERMIT
03NIR0IS
SSUE FOR PERMIT
ON30'1019
REVISION
DATE
SCALE
DATE
DRAYRI
CHECREO
APPRO
AS NOTED
OH16019
TN
.DI
FA
E&onMobil
ROAD CROSSING DETAIL DRAWING
PROPOSED 10" MR-16A PIPELINE
VEATCH AVENUE CROSSING
NED2-JE-003.900
PRO.I. NO. DRAVANONUMBER SHEEP
24245 BMT-N2-MR16-UP-HD-0006 I 10171
LICENSE & PERMIT BOND
Bond Number: 019065197
Interchange Corporate Center
450 Plymouth Road, Suite 400
Plymouth Meeting, PA 19462-1644
Ph. (610) 832-8240
KNOW ALL MEN BY THESE PRESENTS, that we EXXONMOBIL OIL CORPORATION
22777 Springwoods Village Parkway, Spring, TX 77389
as principal (the "Principal"),
and Liberty Mutual Insurance Company, a Massachusetts stock insurance company, as surety (the "Surety"), are held
and firmly bound unto CITY OF BEAUMONT
P.O. Box 3872, Beaumont, Texas 77704 , as obligee (the "Obligee"),
in the penal sum of One Million and No/100 ----=—---=--------- ------ --
--�-------------- ---------- -- Dollars ($ 1,000,000.00 )
for the payment of which sum well 'and truly to be made, the Principal and the Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has applied fora license or permit for Pipeline Improvement Initiative Project MR-16A."Constructplpellnes In the CityofBeaurnont,
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 Road, Spindletop Ave., and Sulphur Drive.
for the term beginning the 8th day of November , 20 18 , and ending the 8th day of November ,
2019 , and this Bond is intended 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 loss, to which the
Obligee may be subject by reason of the Principal's breach of any ordinance, rule, or regulation, relating to the above
described license or permit, then this 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 bond shall continue in force until (surety shall elect either option a or b)
❑ a. the day of , 20 , or until the expiration date of any Continuation
Certificate executed by the Surety.
X❑ b. the Surety notifies the Obligee in writing of its cancellation of the bond. The Surety shall 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 to the attention of The Surety Law
Department at the following address: Interchange Corporate Center, 450 Plymouth Road, Suite 400, Plymouth
Meeting, PA 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 8th day of November 20 18
WIT S / EST EXXONMOBIL OIL CORPORATION
(Principal)
By: (Seal)
Title:C-T-
LIBERTY MUTUAL INSURANCE COMPANY
(Sure )
By: (Seal)
Julia R. Burnet, Attorney-m-Faci
LMIC-6500 I Rev.03/04
I _,
This Power of Attorney limits the acts of those named herein, and they have no authority to
bind the Comparry except in the manner and to the extent herein stated.
Libel Liberty Mutual Insurance Company
MUtu51- The Ohio Casualty Insurance Company Certificate No: 8196842- 019008
SURETYWest American Insurance Company
POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly 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 °Companiesl, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jonathan F.
Black; Stephanie S. Helmig; Joyce M. Houghton; Matthew J. Rosenberg; Denise M. Bruno, Julia R Burnet; Elizabeth P. Cervini; Christine M. Hrusovsky; David A.
Johnson; Harry C. Rosenberg, David C. Rosenberg
all of the city of Wayne state of PA each individually If there be more than one named, its true and lawful attomey4n-fact to make,
execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance
of these presents and shall be as binding upon the Companies as if they have been duty signed by the president and attested by the secretary of the Companies in their own proper
persons.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed
thereto this 14th day of September , 2018 .
m I State of PENNSYLVANIA
ss
� County of MONTGOMERY
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Liberty Mutual Insurance Company
Qy tNsu� P�Tv INSU �Nsug9 The Ohio Casualty Insurance Company
hJ �o�O�r �'p hJ coRPO�r �y 4P°o�0
R9r'yn West American Insurance Company
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1912 0 1919 0 s 1991 0
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rd 9s8ACNx1`'� D SO �HAiVPBa`� L ! �'°tANP' a� '
By:
11-il i IU r.ruv 4ac10—f Corrni�nr
On this 14th day of September , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance I O
Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes —F_
therein contained by signing on behalf of the corporations by himself as a duly authorized officer. ° w
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.
,P, PAST
Q� �oNW �� COMMONWEALTH OF PENNSYLVANIA n
Notarial Seal
OF Teresa Pastetla, Notary Public
Upper MerionTwp., Montgomery County By:
�1'S1 LVR�3G My Commission Expires March 28,2021 Teresa Pastella, Notary Public
Member, Pennsylvania Association of Notaries
This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual
Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:
ARTICLE IV — OFFICERS: Section 12- Power of Attorney.
Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the
President may prescribe, shall appoint such attomeys4ri-fad, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety
any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fad, subject to the limitations set forth in their respective powers of attomey, shall
have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such
instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fad under the
provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority.
ARTICLE YJII — Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,
shall appoint such attomeys4ri-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings,
bonds, recognizances and other surety obligations. Such allomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach thereto 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.of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in-
fad as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety
obligations.
Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the
Company, wherever appearing upon a certified copy of any power of attorney issued 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 of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney 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 .
ENS(/ �I`r INS& 'o, 1NSt/
j 2°oRv0LU
�rR�y�ce 2°aroRyr�'Pq�o `vP2oaao�r�yO
1912 0 0 1919 n 1991 0 •�
y o Q o
&' Cu9 tea y0y11.51�ds�M°*N*�da� By. Renee C. IJeweilyn, Assistant Secretary
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LMS-12873 LMIC OCIC WAIC Mulfi Co 062018
LIBERTY MUTUAL INSURANCE COMPANY
�'�Id11t1A��= FINANCIAL STATEMENT—IDECEMEBER 31, 2017
SURETY
Assets
Cash and Bank Deposits ......................................... $370,003,299
*Bonds —U.S Government ..................................... 1,331,664,975
*Other Bonds............................................................ 11,127,053,004
*Stocks..................................................................... 16,367,850,688
Real Estate.............................................................. 272,895,626
Agents' Balances or Uncollected Premiums........... 5,258,657,823
Accrued Interest and Rents ..................................... 100,341,596
Other Admitted Assets .............................................. 11,192,287,530
Total Admitted Assets» ................................... P46 020 754 449
Liabilities
Unearned Premiums ................................................ $7,503,154,587
Reserve for Claims and Claims Expense ................. 19,658,731,454
Funds Held Under Reinsurance Treaties ................. 224,693,828
Reserve for Dividends to Policyholders .................. 967,520
Additional Statutory Reserve .................................. 522491,027
Reserve for Commissions, Taxes and
Other Liabilities ................................................ 4,049,392,852
Total................... »............................................ $31,489,431,268
Special Surplus Funds ................. $176,230,822
Capital Stock ............................... 10,000,000
Paid in Surplus ............................ 9,484,316,385
Unassigned Surplus ..................... 4,860,776,066
Surplus to Policyholders ............................... 14,531,323,273
Total Liabilities and Surplus ................................ 46.020.754.541
Bonds are stated at amortized or investment value; Stocks at Association Market Values.
1912 b The foregoing financial information is taken from Liberty Mutual Insurance Company's financial
statement filed with the state of Massachusetts Department of Insurance.
I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do 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, Washington, this 161h day of
March, 2018.
Assistant Secretary
S-1262LMICJa 3118