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HomeMy WebLinkAboutRES 21-003RESOLUTION NO. 21-003 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to enter into a Pipeline License Agreement with ExxonMobil Oil Corporation, substantially in the form attached hereto as Exhibits "A," to install a ten inch (10") liquid hydrocarbon transport pipeline. The pipeline will cross Jim Gilligan Way and Sulphur Drive for the purpose of transporting liquid hydrocarbon. Said pipeline is to be constructed in compliance with City requirements; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to enter into a Pipeline License Agreement with ExxonMobil Oil Corporation, substantially in the form attached hereto as Exhibits "B," to install a twelve inch (12") liquid hydrocarbon transport pipeline. The pipeline will cross Jim Gilligan Way and Sulphur Drive for the purpose of transporting liquid hydrocarbon. 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 12th day of January, 2021. P, 96yor Becky CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: M 537-5200 Business Address: 22777 Springwoods Village Parkway Spring TX 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 hereby grants to Exxon -Mobil Oil. Corporation for EMOC 141 hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following properly situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length Linear Feet) Jim Gilligan Way 62 Feet $ 139.50 Sulphur Drive 102 Feet -$ 229.50 1 EXH1B1T"A" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and. payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however; Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required -to do so, 'pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights -of -way shall.be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2. o The pipeline shall be. installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored. to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in- such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. Operations along roadways shall be performed in such a mariner. that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part ofthe application process. Approval ofthis license agreement excludes .permission to do any construction on property which is not owned by the City of Beaumont. 3 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then -documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1 11=2,000` City of Beaumont map or United States Geological Survey Map) o The pipeline shall. be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to. the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary. notifications, evacuations or other, necessary actions.. -Leaks or other defects are to be repaired immediately by Licensee at it's own cost. . o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the . relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed m.City right-of- way shall be obtained by Licensee or it's contractor prior. to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that. at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration,- or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall.provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod of one (1),year from the date of completion of construction of the pipeline. Licensee shall indemnify, save, and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair .or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. o 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 R.O.W.: o City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall. maintain a local, or toll free, telephone number to. be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within . the required time frame shall alleviate: the responsibility of the person(s) requiring the lines to be relocated. o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done. any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In .doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. 6 11 o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner, of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: Mobil Pipe Line Company & City of Beaumont Name. of Licensee: ExxonMobil Oil Cotporation P.O. Box 3827 .Beaumont, Texas 77704 Address of Licensee: 22777 Springwoods Village Parkway Attn: City Manager City and State of Licensee: Spring, Texas 77389 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused 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 n N. CITY OF BEAUMONT, TEXAS LIM Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Mobil Pipe Line Company & ExxonMobil Oil Corporatioin Represented Matthew Homeman Attorney in Fact Title \pipelines\\pipeline license agree 9 Revised 12-14-2007 JEFFERSON COUNTY, TEXAS J.W. BULLOCK SURVEY, ABSTRACT NO. 7 21 _- OG141 PIPELINE o o ETC-1�PIPELIN�-. �'rp, w ,sN �!. _. F•J� .i� Y T-� r ri i! w m z z m � wo z� � -=;BjfAAGIIUGXNWAY :' ' y` �>..: •. ., ��..�; 4 �P55 ??55 6- f TD�,s,,$+'�'$ITE LOCATIONrcr,.it o m m o a o- - US-fi97287 - c_ N: 139571D7.1 F�/�'s3`" ."'Y y .�'!+a• =tDO— \ COR2-JE-011.900 \ E:352B921.6i LAT:3D°0709 u/ \ LONG:94°D4 VICINITY MAP CL PROPOSED � 64. + EMOC-141 Pill PELI'— r_2+003+00 �� N N CLPROPOSED0:13957076.58 :1 E:352890BAS \E EMOC-139 PIPELINE 30°OZ08.76LAT LONG: 94°04'01.65W '\ o PLAN a V 5a 3 W a p _> _> zz in oo �, �3 ow ow z� w=_ poo i sm o t5o t5oo '$+_� SA N Nn w w PROPOSED I2" EMOC-141 PIPELINE ,,,,•_,,,,,,,,,,,,,,,,,,,,,,,,, PROD UCT:ETHYLENE 40'••••••••••••••••••••• CROSSING PIPE: 1275' O.D. X 0.469- W.T., X-65, PSL2, SMLS NATURAL 12-16 MILS FBE & 20-24 MILS ARO GROUND MINIMUM TEST PRESSURE: 2838 PSIG ' zD'...�.................................................................. MAXIMUM OPERATING PRESSURE: 1892 PSIG d INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED 6 CATHODIC PROTECTION: IMPRESSED CURRENT �. PROPOSED 10" EMOC-139 PIPELINE a PRODUCT: PROPANE 41.0' 51.8' CROSSING PIPE: 10.75' O.D. X 0.469' W.T., XE5, PSL2, SMLS CLR: 12.16 MILS FEE & 20-24 MILS ARO -20' MINIMUM TEST PRESSURE: 2160 PSIG 13.9 ' MAXIMUM OPERATING PRESSURE: 1440 PSIG CLR. INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT 40'-••-•••••:................................ •.••....•..... 3 CL PROPOSED BUNDLED PIPELINES NOTES: 12" EMOC-141 & 10" EMOC-139 1. CROSSING PIPE SHALL EXTENDS BEYOND WGM-0FWAYUMn ' 2 TRAFFICTOBE"NTXQDD68EYOTAUATIT -60' .......................•••••••••..•••••••••••••.(HOD 2)...................._. E 3. PROPOSEOPIPEUNEWILL MNNTAMM[NNUMZCLFARANCE 1+00 2+00 3+00 FROM UTEMES AND FOROGN PIPELINES. PROFILE 4. COORDINATE SYSTEM: NAD83TEXAS STATE PLANE, SOUTH. HDRIZ: I'=50' CENTRAL ZONE, US FOOT jT1(635CFj 3 VERT: 1°=40' EXXONMOBIL BEAUMONT2 PIPELINE PROJECT COR2�IE-011.000 FLOW ............ 40' NATURAL GROUND 20' 0' -40' ....................... J -60' 4+00 MonMobil ROAD CROSSING DRAWING PROPOSED 10" EMOC•139 & 12" EMOCA41 PIPELINES JIM GILLIGAN WAY. COR2-JE-011.900 I.mw 98996 I BMT-Hw000-UP-RD-0052 10F1 ad �i\o?� VICINITY MAP PROPOSED 12" MPL-141 PIPELINE PRODUCT: ETHYLENE CROSSING PIPE: 12.75O.D. X 0.469" W.T., X-65, PSL2, SMLS 12-16 MILS FBE & 20-24 MILS ARO MINIMUM TEST PRESSURE283B PSIG MAXIMUM OPERATING PRESSURE: 1892 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT 5 PROPOSED 10" EMOC-139 PIPELINE PRODUCE PROPANE CROSSING PIPE: 10.75' O.D. X 0.469' W.T., X-65, PSL2, SMLS 12-16 MILS FBE & 20.24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG 3 MAXIMUM OPERATING PRESSURE 1440 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED 5 CATHODIC PROTECTION: IMPRESSED CURRENT 9 y NOTES: i 1. CROSSING RPESHALL DOW 5BEYONDRIGHT-0E-WAYUMITS. 2 TRAFRCTOBEMAINTAINEDDURINGINSTA TION. 1 PROPO PIPELINE%ILLMA01TA01MINMUM7CL_FAIW:CE FROM UTIUDES AND FOREIGN PLPELINES. 4. COORDINATESYSTEM: NAD63 TEAS STATE PLANE, SOUTH S CENTPAL2011E, US FOOT DYA SCF) g EXXONMOBIL 3 BEAUMONT2 PIPELINE PROJECT 5 JEFFERSON COUNTY, TEXAS J.A. VEATCH SURVEY, ABSTRACT NO.55 U K Z m = m 0 Z S >d> Wy 0 U a 0 O H U a O W w O O a c ti N N n `.' CL PROPOSED 12" COR2•JE•021.910 0 \N \ \� `COR2-JE-021.800 � \ N: 13954fi41.18 E:352soz4.71 i 47° \ LAT. 30°01'46.29'N EMOC-141 PIPELINE °� LONG: 94°04'46.IITIN two zwp 3wp CL PROPOSED 10" N:13954589.55 E:352493624 . coRz �E-pzt.ppD EMOC-139 PIPELINE �-1 LAT: 30°01'45.82'N i N: 1395460 LONG: 94°04'47.99'W LAT:30'.. 01'45.95N \ \� PLAN LONG: 94°04'47.71"W U K U' W C C jNZYZ 0 p Y W �U' . ZYZ ZYZ j �jY 4o 2 N w 0 O U Wz O LLO 6,n W LLO W O U O T2 40..................................................................................................................... 40• NATURAL NATURAL GROUND GROUND 20' .....:............................................................ :.................... .............. .... .... 20' p' ........................ .......................... ......:................................ :......................... 0, 52.8' ; -20 CLPROPOSEDBUNDLED ...............CL'R .....j(HDD 64 8' .;... : ....sa.a................. ............................ -z0' " EMOC-141 & -00' " EMOC-139 PIPELINES .....4 ............, .................. ................... ......... ............................ .40' -60' ................................................................................................................... .60, 1+00 2+00 3+00 PROFILE HORIZ 1'=50' VERT: 1' = 50' 0 25 50 l� 0 MonMobil ROAD CROSSING DRAWING PROPOSED 12" EMOC•141 & 10" EMOC439 PIPELINES SULPHUR DRIVE are COR2-JE-021.900 99996 1 BMIT.HL-0000-UP-RD-0053 1OF1 . URDRAWINGNtL NN9 ISPMW-11053 r CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE. AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: n 537-5200 Business Address: 22777 Springwo6ds Village Parkway Spring TX 77389 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 ExxonMobil Oil Corporation for EMOC 139 hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on. or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made apart hereof for all purposes. Street Name or R.O.W. Description Len tg_h (Linear Feetl Jim Gilligan Way 62 Feet - $139.50 Sulphur Drive 102 Feet - $229.50 1 EXHIBIT "B" COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL; CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall -be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline- shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines,. sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working ' thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways -shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used whichwill damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and- lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in, on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall. be provided. (1 11=2,000'- City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not. to leak and/or cause damage to any City streets, alley, easements or other property. Once. the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to : the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any --and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired inimediately.by. Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. . o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within . the discretion of City and/or the Texas Department of Transportation. o Permits which :allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 4 REQUIRED COVERAGE: Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: o Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during_ the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and. conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for aperiod of one (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save' and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising, out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity 'expressly extends- to claims alleging negligence by the City of Beaumont, it's agents, officers -or employees, arising from actions taken or occurrences under this license agreement. o If the pipeline or . any part -thereof installed by Licensee shall be in any respect damaged or injured by City: or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any . such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any- contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN: R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate- the responsibility of the person(s) requiring the lines to be relocated. o . City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and -easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not -be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. o . Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street; or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of . Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages. against City. If the change is demanded by the City for.the benefit of any other person or private corporation, except the City or. the Texas . Department of Transportation, Licensee shall be reimbursed fully by the person. or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change. involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: Any and all work to be performed on City right-of-way (R.O.W) shall be observed and inspected by a City representative. . Any work to be performed within the City Iimits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. V1 SPECIAL CONDITIONS: Nonassi ngnable 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: Mobil Pipe Line Company & City of Beaumont Name. of Licensee: ExxonMobil Oil Corporation P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 22777 Springwoods Village Parkway Attn: City Manager City and State of Licensee: Spring, Texas 77389 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the I City Engineer. In the event of cancellation, any and- all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. . . f 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 /1 CITY OF BEAUMONT, TEXAS in Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Mobil Pipe Line Company & ExxonMobil Oil Corporatioin Represented Matthew Horneman Attorney in Fact Title \pipolincs\\pipclinc lictnse agree 9 Revised 12-14-2007 ?N ;+7, JEFFERSON COUNTY, TEXAS J.W. BULLOCK SURVEY, ABSTRACT NO. 7 J t PROPD.S 01�e4 ;'IG OC•141 PIPELiNE3 li i E6�6C•'1119 RIpfL1NP,,fi �� w O o z s- o f o `•`"tJ`iMGnrO&iWAY, 17 J \.-,ty �Rq-' 1 SRE LO(:ATIDN� .i t'� Z. Q 0 o a oo a rM c rt N: 13957107.97 COR2-JE-01210D \ COR2JE-011.900 \ E: 3520921.67 COR2JE-011.000 LAT. 30'OZ09.06-N s>'}• -ti., .,...:� �3bt . LONG: 94'D4'01,4B'W VICINITY MAP CLPROPOSED 'I2 \ 64. e� EMOC-141 PIPELINE i+0o —�, —2+Do 3+00 4+0D Nt13957076.58 N: 13957138.15 J FLOW CL PROPOSED 10' E 3957076.58 ~y E: 3528934.375289D8—T 46 EMOC-139 PIPELINE LAT:30'02'08.76 N \ ~' f LAT:30'0Z'09.36'N =4 k7� LONG:94°D4'01.65'W 'W \ `\ 1. '� LONG: 94'04'01.32 ,., PLAN Y OU D 00 o o ��>o� o D. log 'c-�.,w�� w H m mp0 ni C.w kiw w a3 o .Y F-.-� o PROPOSED 12" EMOG741 PIPELINE PRODUCT: ETHYLENE NATUAL R CROSSING PIPE:1275' O.D. X 0.469- W.T., X-65, PSL2, SMLS NATURAL GROUND 12.16 MILS FBE & 20-24 MILS ARO GROUND MINIMUM TEST PRESSURE: 283E PSIG 20- ... ................................. .. 20' 9 MAXIMUM OPERATING PRESSURE 1892 PSIG.Ow---- w INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED _ } CATHODIC PROTECTION: IMPRESSED CURRENT } 5 PROPOSED 10" EMOC-139 PIPELINE 0 .............................................. v PRODUCT: PROPANE 41.0' 51.B' p CROSSING PIPE 10.75' O.D. X D.469' W.T., X-65, PSL2, SMLS CUR. 12-16 MILS FBE & 20-24 MILS ARO -20' ...... ...................... ............................... -20' g MINIMUM TEST PRESSURE216OPSIG 13.9 k MAXIMUM OPERATING PRESSURE: 1440 PSIG CLR - $� INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED ,:. CATHODIC PROTECTION: IMPRESSED CURRENT 40'..................................................... ....• .... •........ 40' CL PROPOSED BUNDLED PIPELINES NOTES: - - - 12" EMOC-141 & 10" EMOC-139 0 1, CROSSINGPIPE SNALLEXIENDS BEYGNG 61Glff-0FiYAT 41AG6. IiiD02� , m�� arrvrm+o mrnremmra� runenuv-".s.e�rnu ro..nmoui um vea+mr..e rucumrwncrwmr 2. Tf1AFFlCTO6EhWNTA1NEOOVRING NSTALLATION. •60' ........ ........ :......................... ...................................................... ........ -60 D. PROPOSEDPIPEDNEWLL RAWAINMIN16M MEARANCE 1+0D 2+00 3+00 4+00 FROMUTZMESWFOREIGNPIFE S. PROFILE 4. COORDINATE STSTEM:NA099TEXA5 STATE PLANE, SOUTH .. HORIZ: 1'=50' MF ZONE, US FOOTUXLSCF) vn VERT., 1' = 4D' u EXXONMOBIL ROAD CROSSING DRAWING s BEALIMONT2 PROPOSED JO"EMOC-139&12"EMOC-147PIPELINE$ PIPELINE PROJECTra� N JIM GILLIGAN WAY COR2-JE-011.900 c ovam a W Ai 99996 BMT-HLBD00•UP•RD-0057 I tOFt ' o= PROPbS{2*�E61DC-14LPJPEIJNE JEFFERSON COUNTY, TEXAS � 1:••y', io EROP.QSFJ�,70 ¢i0C 17$PIP_ELNE f L 3'°pi °''* �• ' J.A. VEATCH SURVEY, ABSTRACT NO. 55 _� � �� ,�. ��I� � � + � •_•� .A �S[TELOOA�JN., �,� U c ¢ w i? j Y O oP° a U Y Y w 9 9 w Q1 g P ¢ rn g 0? o w D zs 5D •I a; w w 0 o n y i i 7`�.oXj�� S - �t,N % o imi � ' .- ti N [�•� N N N tgo .''.. .�✓1$,,,,'�-q^_t .,, i-n`•9LP` -- + �.,-�� CL PROPOSED 12" \ COR2-JE•021.910 •\N `COR2JEA21.900 ! �I \ N1395418 E:352502024.7.7t AT:3o°0t'as z9 N VICINITY MAP EMOC-141 PIPELINE ROW 47, \ \ !� LONG: 94°04'46.96NJ 1i0D 2i00 3i00 CL PROPOSED 10°' �--� E: 3524936.24 COR2JE-021.000 EMO.C-139 PIPELINE �-a LAT:30*01'g5.82'N \ i N: 13954603.70 E: 352496949 I----I��F- - LONG:94°04'47.99'W �� 1—� LAT: 30°01'45.95'N I -- '—C • t-� 1-� 11- ' PLAN LONG:94°04'47.71'W U K O o YZZ ?U zi O Z i ZY ZYZ 0 m O 10 KISPROPOSED 12° MPL-141 PIPELINE i of ¢w 0PRODUCT: i w ci ! c� 1-CROSSING IT ETHYLENE ' PIPE:12.15.O.D.X0A69'W.T., X-65, PSL2, SMLS ^tN `� i 12-16 MILS FBE 8 20-24 MILS ARO -- '- '- `� `°' `" `•' `" . MINIMUM TEST PRESSURE: 2838 PSIG _ MAXIMUM OPERATING PRESSURE: 1892 PSIG NATURAL NATURAL " INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED GROUND _ GROUND CATHODIC PROTECTION: IMPRESSED CURRENT yp' ........... ............:................................................................ ..........:... ........ PO PROPOSED 10" EMOf 139 PIPELINE e' PRODUCT: PROPANE 0. .................................................... ..:.............................. ..'......................... 0 CROSSING PIPE: 10.75" O.D. X 0.469' W.T., X-65, PSL2, SMLS S2.B' 12.16 MILS FBE & 20.24 MILS ARO 64.4; CURL..: MINIMUM TEST PRESSURE:2160 PSIG -2p' .......... CL PROPOSED BUNDLED..............:64'8' Off' .• , • • • •. -20' MAXI MUM OPERATING PRESSURE: 1440 PSIG 12"EMOC•1418 ' INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED 10" EMOC-139 PIPELINES : "°""`vi6•"°"'°a"""='"11YT6rtn�""'•'°°""n'°" - CATHODIC PROTECTION: IMPRESSED CURRENT s -00 ......... (HOD 4)................................. ..... ..... ......-.......... -..... -00' 3 NOTES: N. `nnmcuu-ns+amnmunvc.�� oacwen�ue I. CROSSING PIPE SHALL F%1EN0 SBEYOND RIGHT-OF-WAY LIMITS. -............................................................ 60' ..................................... ........ ...... 60' c"vnvucn°R 2 TRAFFIC TO BEMAINTAINED DURING INSTALLATION. 1i00 2i00 3i00 3 PROPOSED PIPEUNEWILLMAING9I MWLMUMTCIEARANCE FROM UTILITIES AND FOREIGN PIPELINES. PROFILE e, COORDINATE SYSTEM: M83 TE)f.IS STATE PLANE, SOUTH HORIZ: 1'=50' .cFxrRuzDNE usFOOT 0xslscFl VERT: 1'=50' - E&onMobil EXXONMOBIL - ROAD CROSSING DRAWING s BEALIMONT2 PROPOSED I2"EMOC-141&10"EMOC439PIPELINES PIPELINE PROJECT SULPHUR DRIVE + o y 3 COR2-JE-021.900 Ra uvaox ale ➢R uw1En 99996 � 0MT•HL0000-UP-RO-0053 IIROMWWG NO_ 9999661SP61W-11D9 I 1 OF1 CITY OF BEAUMONT BILLING REQUEST FORM Responsible Department & Division Dept/Division Contact & Phone # Billing Type/Description Customer Name Address line 1 City, State, Zip Code Phone Number Fax Number Individual or Business Contact Name SS# or Tax ID # Resolution # ROW Crossings Total Contract Amt Billed Amount Billing Amount Contract Start Date Contract End Date PUBLIC WORKS/ENGINEERING ANTOINETTE HARDY - (409) 880-3725 PIPELINE LICENSE AGREEMENT EXXONMOBIL OIL CORPORATION 22777 SPRINGWOODS VILLAGE PARKWAY SPRING, TEXAS 77389 (800)537-5200 BUSINESS MATTHEW HORNEMAN, ATTORNEY IN FACT RESOLUTION NO. 21-003 JIM GILLIAN WAY AND SULPHURE DRIVE $500.00 + $369.00 = $869.00 (Ck #1902) Fixed Variable (If variable, describe terms) $369.00 Monthly •_ Bi-Weekly • Quarterly • Semi -Annual • Annual MARCH 2O21 MARCH 2O22 Months (periods) to bill If contract includes any of the following provisions, describe the terms in detail: Discount: Penalty Interest NOTE: Pipeline identified per EXXONMOBIL AS EMOC 139 APPLICATION FOR PIPELINE LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: OOP 537-5200 Business Address: 22777 Springwwoods Village Parkway, Spring, TX 77389 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 ExxonMobil Oil Corporation for EMOC 139 hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) Jinn Gilligan Way 62 Feet - $139.50 Sulphur Drive 102 Feet - $229.50 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights -of way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be constructed in such a manner as approved by the City so as it does not interfere with the use of the City property. 2 o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. o Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working - thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. 0 Operations along roadways shall be performed in such a manner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All properly where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. o Barricades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. a 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 properly involved. Written proof of said permission is to be provided to the City as part ofthe application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall My cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior . to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) Q Installation will be done in accordance with all City standards and statutes of the State of Texas. Gl o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: a Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the'principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect .for aperiod of one (1) year from the date of completion of construction of the pipeline. o Licensee. shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTIONMAINTENANCE WITHIN R.O.W.: City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or toll free, telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate the responsibility of the person(s) requiring the lines to be relocated. o . City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. Con M 0 Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of -constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATION/1NSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. 0 Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense of such inspection services may be billed to the Licensee and such amounts will be reimbursed to the City. Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the j ob site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: Nonassignable This license is personal to the Licensee. It is nonassignable and any attempt to assign this license will terminate the license privileges granted to Licensee hereunder. Termination This agreement is subject to termination by the City if any condition specified herein is not met. This agreement may also be terminated by the Licensee. Either party attempting to terminate this agreement shall give written notice to the other specifying the date of, and the reason for, termination. Such notice shall be given not less than thirty (30) days prior to the termination date therein specified. Any written notice may be effected either by personal delivery or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: Mobil Pipe Line Company & City of Beaumont Name.of Licensee: ExxonMobil Oil Corporation P.O. Box 3827 Beaumont, Texas 77704 Address of Licensee: 22777 Sp�ringwoods Village Parkway Attn: City Manager City and State of Licensee: Spring, Texas 77389 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this ]4 day of <.► A.D. 20_j:.L. M T: _a-, hnW04 City Clerk i i ATTESY/ / BE CITY OF BEAUMONT, TEXAS By. L L Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Mobil Pipe Line Company & ExxonMobil Oil Corporatioin Represented r Matthew Horneman t orn y in Fact Title \pipelinca\\pipcliae llconse agree 9 Revised 12-14-2007 VICINITY MAP 5 PROPOSED jr EMOC-141 PIPELINE i PRODUCT: ETHYLENE } CROSSING PIPE 12.75' O.D. X DAB9' W.T- X-65, PSL2, SMLS 12-16 MILS FBE 121144 MILS ARO E MINIMUM TEST PRESSURE 2&36 PSIG MAXIMUM OPERATING PRESSURE 1892 PSIG 3 INSTALLATION METHOD: HORIZONTAL DIREC11DW DRILL BUNDLED 6 CATHODIC PROTECTION: IMPRESSED CURRENT PROPOSED 10' EMOC739 P[PEUNE PRODUCT: PROPANE CRDS6ING PIPE:10.75' O.D. X 0.469' W.T., X-65, PSL2• SMLS 12-16 MILS FBE & 20-24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG MAXMUM OPERATING PRESSURE 1440 PSIG t INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT 0 [ NOTES: 5 O CROSSM PIPE SMMT.EXIBJO S SEYOMT RA.IT-0 YUMM 2FR TRACTO BE MAINTK1 MWO WSTADATOK 1 FRDFOSEO RPEUWEWU MATNTAWIOU MZ LIEANANCE FROM UTWMS ANO FOREIGN PYEL W E9. 4. COOMNATESYSfBkN TEXAS STATE RAVE, SOUIM CENIRAL=NE. LrsfmTvaO SCFT s EXXONMOBIL BEALIMONT2 PIPELINE PROJECT CL PROPOSED 12 — EMOC-�41 PIPELIN t+ o CL PROPOSED 10" EMOC-139 PIPELINE g8 JEFFERSON COUNTY, TEXAS J.W. BULLOCK SURVEY, ABSTRACT NO.7 0 0 gO 7X0C 1W O� O W �a ore 1210D COR2-rE0 SrDO \ N: 13957107 E35269211 Y LAT:30'02Y \ LONG: WO' IT:30'02U&76•N 3: IT.0211.65W ~y �� r � \Lor 1'-50, g w _ 71 RI YI2I 11 2RI xl m 40'.........-................................................................. NATURAL GROU ..... ...:.. ..ND ........... ... ........... y........ ............ ............ D' .........� ............... . 41A' 51.8' -Ny .........'13.9' .. .................... CLR...... ............ CUR 4V........................................... ....... CL PROPOSED BUNDLED PIPELINES 12" EMOC-141 & 10" EMOC-139 ......... ....................................... MOD 2) .......... 1+OD 2+00 PROFILE HORL• 1'=5V VERT., 1'=4V 3+OD COR2JE-011.00D FLOW 40' NATURAL ... GROUND 20 i� E*onMobil ROAD CROSSING DRAWING PROPOSED 10' EMOr,44 & 12' FMOC-141 PIPELINES JIM GILLIGAN WAY COR2.IE-011.900 S98B6 BATT-HL.000bURR6-0BS] 1OF1 Id10MN1NG lri• B919Ba15DMW-11B4 VICINITY MAP PROPOSED 12" MPL-141 PIPELINE s PRODUCT: ETHYLENE '- CROSSING PIPE 12.75 O.D. X D.469' W.T, X-65, PSL2, SWS 12-16 MILS FBE & 2D-24 MILS ARO MINIMUM TEST PRESSURE 2838 PSIG MAXIMUM OPERATING PRESSURE 1892 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT f PROPOSED IO" EMOC-139PROPOSED PIPELINE PRODUCT: PROPANE j CROSSING PIPE 1D.7S O.D.X DA69' W.T, X465, PSL2, SMLS Ij 12-16 MILS FBE & 2D-24 MILS ARO MINIMUM TEST PRESSURE: 2160 PSIG MAXIMUM OPERATING PRESSURE 1440 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT I NOTES: I. CFm59NG P�ESF4ILF%fBA 6BEY0Am RRff-0FWAY UEiiS. 2. PROPOSED PaDEfNNLUANTAN MDWAUATI(W. 1 FROM UnU ANDN REIGN IMLDIES. lIZCIFARIlSE t OOM PATE GM61 FOFFJGNA ASSTA l COORgNATE SYSTFIB NAOp TEJLl55iAlE PVJl--SOURI I CBMRAL 20tB:, LB FOOF[I)M-SCF) , s EXXONMOBIL BEAUMONT2 a PIPELINE PROJECT JEFFERSON COUNTY, TEXAS JA VEATCH SURVEY, ABSTRACT NO. 55 WW c zz Q y g LL 0 o U t o o ow( C pp JJ o N a (pp�� JJ (p9 yp o a o U0 L \ COR2JE-021.910 •\ COR2JE-021.900 \� \ N: 13954641.18 E 352s-D . CL PROPOSED 12" 's FLOW 47, \ LAT.307'46.Z9'N EMOC-141 PIPELINE . �� LONGoa'46ssw 1w0 2+OD . 3+00 CL PROPOSED 10" N.13954589.55— E 35z4936z4 coR2JE Oz1.000 EMOG139 PIPELINE �4 LAT: 30'01'45.82'N % a N: 13954603.70 E 352496D. , �— LONG:94°04'47.99'W ~~ ,--i LAT. 30°01'45.95'Nw z o o wz 50 U O O o xcz r o W........................ .................... ............. ........ ............. ......... ............. ............... 40' NATURAL NATURAL GROUND GROUND ZO' .......................:.........................................I+................... .... .............. ........ ZD' p....................... '.........,.................. ..:.........I................. ....:......................... p 528' CL PROPOSED BUNDLED ............... sa.a'............... 64H-20' :..:..........,............. -2p ............ 12" EMOC-141 & MR -40' 10" EMOG139 PIPELINES ......... .................................. ............................ ........... .................. -40' DD 4) -6p ............. .................. ............. ............... ............................ ............................ {,p 1+00 2+90 3+00 PROFILE HORIZ: 1"=50' VERT: 1' = 6V O 25 50 o: E*onMobil ROAD CROSSING DRAWING PROPOSED 12" EMOC.141 & 10" EMOC-M PIPELINES SULPHUR DRIVE COR2-JE-021.900 aew.v� wrt um as BBBBB 9MI-HL-0000.UP-RO-0BB] 10F1 IIDI OBAN1Mi NO- fl�A�16P1AW-1169 C H U Surety 0 + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908,903.3656 Whitehouse Station, NJ 088891650 License or Permit Bond Federal Insurance Company Bond No. K40197795 Know All Men By These Presents, That we, MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION Amount$1,000,000.00 (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto of (Address) City of Beaumont P.O. Box 3872, Beaumont, TX 77704 (hereinafter called the Obligee), in the sum of One Million and Nall00 Dollars ($ 1,000,000.00 ----), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly.by these presents. WHEREAS, the above bounden Principal has made application to the Obligee for a license or permitW to lay, maintain, operate, replace or remove a pipeline forthe transportation of oil, gas, water, or other hydrocarbons across the City of Beaumont's utilities in accordance with the rules and ordinances of said Obligee pertaining to same. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully observe, keep and obey 0laws and ordinances of said Obligee relating to the said license or permit now in force, or any amendments thereto and shall save, indemnify and keep harmless, the Obligee against all liabilities, judgments, costs and expenses, which may accrue against said Principal in consequence of the granting of such license or permit and will in all things, strictly comply with the conditions of the license or permit, then this obligations to be void, otherwise to remain in full force and effect. PROVIDED, however, that the Surety may terminate this bond as to future liability by giving thirty (30) days written notice to the Obligee at the above address, such termination not to affect any liability incurred or accrued prior to the expiration of said thirty (30) day period. Signed, Sealed and Dated this 11 th day of December, 2020. MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION Principal By Federal Insurance Company By Glizab4th P. Cervini, Attomey-in-Fact Form 15-02-0159-rsD tom. 7/M CPUEa ;, Power of Attorney Federal Insurance Company I Vigilant Insurance Company J Pacific Indemnity Company Know All by These Presents, That RSDE RKL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITYCOMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jonathan F. Black, Denise M. Bruno, Julia R. Burnet, Elizabeth P. Cetvini, James M. DiSclullo, Stephanie S. Helmlg, Melissa J. Hinde, Joyce M. Houghton, David A. Johnson, David C. Rosenberg, Harry C. Rosenberg, John E. Rosenberg, Matthew J. Rosenberg and Nolan P. Steele of Wayne, Pennsylvania each as their true and lawful Attorney -In -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other wrItIW obligatory In the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amendtngoraltering the same, and consents to the madiBcation or alteration ofany instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEW41TY COMPANY have each executed and attested these presents and affixed their corporate seals on this 204 day of October. 2019. Davin M. (.hlortj:; AR;k urt Scimtnlq STATBOFNEW.1013M County ofHunterdon 6S' &t.phen !I. Iltmcg. Vice 1'ret4d« It On this 2°d day of October, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY. and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof; that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority; and that she is acquainted with Stephen M. Haney, and knows him to be Vice President of said Companies; and that the signature of Stephen M. Haney, subscribed to said Power of Attorney is in the genuine handwriting of Stephen K Haney, and was thereto subscribed by authorityofsaid Companies and in deponenirs presence. NOtarlalSeal FC,1114ERINE J_ ADIa.AAR NdrY NOTARY PUBLIC OF NEW JERSEY �.rr PireLl� 0yaary No. 2316585 Conurrlsslon Esptres July 16, 2024 PutOc JEAS� CEWMCATION Resolutions adopted by the Boards of Directors ofFEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on Aue.-nst 30, 2016. 'RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizanom contacts and other written commitments of the Company entered into in the ordlnaycourse ofbudness (eacha'wdttem Commitmen*. (1) Each of the Chairman, the President and the Via Presidents of the Company Is hereby authorized to execute any Written Commitment for and onbehalfof the Company, under the sea] of the Company or otherwise (4 Each duly appotmed attomey3n fad of the Company is hereby authorized to w ecute any written Commiurtent: fbr and on behalf of the Company. under the seal of the Company or otherwise, to the extent thatsuch action Is authorized by the grant ofpowers provided for in such person's written appointment as such attorney -in -fact (3) Each of the Chairman, the Prudent and the Via Presidents of ttteCompany Ishereby audwrized.for and on behalfoftheCompany to appoint In writing any person the attorney intact of the Company with full power and mt xwhytoexemte, for and on behalfoftheCompanj, under the seal ofthecompany orothernlse.such Written Commitments ofthe r Company as may be specified in such written appofnmtertt, which spedilcatlon may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President mid the Vice Presidents of the Company Is herebyauthorized, for and on behalfafthe Company, to detegatein writing to any other oflki?r of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such wrlmendelegation, which specification may be by general type or class of Written Comn-durtents or byspecification afoneora mparticularWr]tten.Commitments. CD The signature ofany officer orothu person exectrrInganyWiften Cm ent orappointmentordelegation pursuam: to d* Resoludarx and the seal ofthe Company. may be affixed by facsimile on such Written Commimnentor written appointment or delegation. FURTHER RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement ofthe powers and autharlry of'officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not Hmk or otherwise affect the exercise ofany such power or auffi" othavdse valldy granted or veaW I, Dawn M. Chloros, Assistant Secretary of FEDERAL, INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the "Companies") do hereby certifythat (I) the foregoing Resoludons adopted by the Board ofDfrectors of the Companies are true, correct and In M force and effect. (ii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals ofsaidCompanies atWhitehouse Station, Pjj this 11thDay ofDec=ber, 2020. lbwn M. Sir mnrf IN THE EVEW YOU WISH TO VERIFYTHEAUfHi1VTICM OF THIS BOND ORNOTIFYUS OFANY OTHER MATTER, PLEASE CONTACT US AT, T e 908)903.3493 Fax(908)904.3{s36 &malt sureoQuibbcom FED- ViG-PI(rev 08,18) DocuSign Envelope iD: CCF7D358-91325-47C6-8B4C-6EAB71BF6431E FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLiCYHOLDI�RS Statutory Basis December 31, 2019 On thousands) ASSETS Cash and Shod. Tenn Investments S (429,780) United States Government, State and Municipal Bonds 4,559,706 Other Bonds 5,314,219 Stocks 32,735 Other invested Assets 1,029,733 TOTAL INVESTMENTS 10.506.613 Investments in Affiliates: Great Northern Ins. Co. 395,442 Vigilant ins. Co. 341,290 Chubb Indemnity Ins. Co. 178,808 Chubb National Ins. Co. 181,053 OtherAffiliates 97,150 Premiums Receivable 1,611,096 Other Assets 2,302,210 LIABILITIES AND SURPLUS TO POLICYHOLDERS Outstanding Losses and Loss Expenses S 6,B23,691 Reinsurance Payable on Losses and Expenses 1.433,250 Unearned Premiums 2,014,727 Ceded Reinsurance Premiums Payable 353,115 Other Liabilities 849.544 TOTAL LIABILITIES 11,474,327 Capital Stock 20,980 Paid -In Surplus 2,711,474 Unassigned Funds 1,306,881 SURPLUS TO POLICYHOLDERS 4.039.335 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS S 15,513.662 SURPLUS S 15.513.662 Investments are valued in accordance birth requirements of the National Association of Insurance Commissioners, At December 31, 2019, Investments with a carrying value of $508,749,121 were deposited with government authorities as required by law. STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duty sworn, says that he Is Senior Vice President of Federal Insurance Company and that to the best oftris knowledge and belief the foregoing is a true and correct statement or the said Company's financial condition as of the 31 st day of December, 2019. U_-D..u%pW Pre me IN s., 07.8C7FOD5 �, ..Vice President C{)4:5 --Rotary Public 7 y corn Ission explres Commonwealth of Pennsylvania - Notary Seal Diane Wright, Notary Public Philadelphia County My commission expires August 8, 2023 Commission number 1235745 Member, PennsylvanlaAssociation of Notaries F CITY OF BEAUMONT BILLING REQUEST FORM Responsible Department & Division Dept/Division Contact & Phone # Billing Type/Description Customer Name Address line 1 City, State, Zip Code Phone Number Fax Number Individual or Business Contact Name SS# or Tax ID # Resolution # ROW Crossings Total Contract Amt Billed Amount Billing Amount Contract Start Date Contract End Date PUBLIC WORKS/ENGINEERING ANTOINETTE HARDY - (409) 880-3725 PIPELINE LICENSE AGREEMENT EXXONMOBIL OIL CORPORATION 22777 SPRINGWOODS VILLAGE PARKWAY SPRING, TEXAS 77389 (800) 537-5200 BUSINESS MATTHEW HORNEMAN, ATTORNEY IN FACT RESOLUTION NO. 21-003 JIM GILLIAN WAY AND SULPHURE DRIVE $500.00 + $369.00 = $869.00 (Ck #1903) Fixed Variable (If variable, describe terms) $369.00 Monthly • Bi-Weekly • Quarterly • Semi -Annual. • Annual MARCH 2O21 MARCH 2O22 Months (periods) to bill If contract includes any of the following provisions, describe the terms in detail: Discount: Penalty Interest NOTE: Pipeline identified per EXXONMOBIL AS EMOC 141 THE STATE OF TEXAS CITY OF BEAUMONT APPLICATION FOR PIPELINE LICENSE AGREEMENT M COUNTY OF JEFFERSON § Business Name: ExxonMobil Oil Corporation Business Phone: ( 22 537-5200 Business Address: 22777 Springwoods Village Parkway Spring TX 77399 The City of Beaumont, hereinafter called "City", for and in consideration of the sum specified herein $500.00 ExxonMobil Oil Corporation for EMOC 141 hereby grants to hereinafter called "Licensee", the license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil, gas, water, or their products, on or across the following property situated in the City of Beaumont, Jefferson County, Texas, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. Street Name or R.O.W. Description Length (Linear Feet) Jim Gilligan Way 62 Feet - $ 139.50 Sulphur Drive 102 Feet -$ 229.50 1 COST OF LICENSE: Licensee shall make payment to the City of Beaumont as follows: o License Agreement fee - $500.00 o Annual fee of $2.25 per linear foot of pipeline located within City property. Said fee shall be reset on January 31, 2011 and shall be reset every ten (10) years, thereafter, to a level to be determined by the City Council or their delegated representative. All fees, including the first annual fee for linear foot usage shall be made to the Engineering Division and payable to the City of Beaumont prior to construction. This license is granted by the City of Beaumont subject to conditions. Failure to comply -with the following may result in termination of agreement (see page 8). GENERAL CONDITIONS: o Licensee does not intend to sell product for resale from the covered pipeline to customers located within the City; however, Licensee recognizes that should it sell product for resale from this covered pipeline to customers within the City, it will be required to report such distribution and when lawfully required to do so, pay a street rental fee based on revenues. The annual fee and the regulations controlling the payment of such fee will be those as lawfully established by the ordinances of the City. o All pipelines crossing public rights -of -way shall be bored from right-of-way line to right-of-way line. Within these limits, the pipeline shall be protected by casing or other method approved by the City and/or the Texas Department of Transportation. o The pipeline shall be consti acted in such a manner as approved by the City so as it does not interfere with the use of the City property. 0) o The pipeline shall be installed a minimum of five (5) feet below the lowest existing or proposed ditch grades, waterlines, sanitary sewer lines or storm drainage lines, unless otherwise authorized by the City and/or Texas Department of Transportation. Such grades and lines shall be indicated on map submittal, as well as depth of proposed pipeline (see page 4). The construction and operation of the pipeline shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, waterlines, or other utilities. Damage to existing ditch grade during construction or maintenance of the pipeline shall be corrected and the ditch grade shall be restored to. the condition and grade at which it existed prior to construction or maintenance. Bore pits shall be backfilled according to City standards. 0 Excavations necessary for the construction, repair, or maintenance of the pipeline shall be performed in such a manner that will cause minimal inconvenience to the public. Licensee shall promptly restore the area to as good a condition as before working • thereon and to the reasonable satisfaction of the City's Engineering Division and/or the Texas Department of Transportation. o Operations along roadways shall be performed in such a mariner that all excavated materials will be kept off the pavements at all times, as well as all operating equipment and materials. All property where operations are performed will be restored to original condition or better. No equipment or installation procedures will be used which will damage any road surface or structures. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a result of this installation will be borne by the owner of this line. 0 B=icades, warning signs and lights, and flagpersons shall be provided by the contractor or owner when necessary. Only under extreme circumstances, as deemed necessary by the City Engineer, will open cutting of a street• or roadway be allowed. All barricading must be by permit and approved by the City (Public Works Department) in advance. o Any construction which takes place in., on under, above, or across property not owned by the City shall require additional permission by the owner(s) of the property involved. Written proof of said permission is to be provided to the City as part of the application process. Approval of this license agreement excludes permission to do any construction on property which is not owned by -the City of Beaumont. 3 o Any licenses, permits or agreements required by another governmental entity (County, State or Federal) shall be obtained and a copy of such document shall be provided to the City. If agreement is not required by said governmental entity, then documentation regarding such will be provided to the City of Beaumont. o Licensee shall provide copies of all necessary agreements to be obtained from other City Departments. o Licensee shall be responsible for acquiring all agreements necessary for the lawful use of any private property. o A map showing the location of the proposed pipeline shall be provided. (1"=2,000' City of Beaumont map or United States Geological Survey Map) o The pipeline shall be maintained and operated in such a manner as not to leak and/or cause damage to any City streets, alley, easements or other property. Once the pipeline is in operation, any damage that occurs to the pipeline which results in exposure or release of product must be reported immediately to the City Fire Department and Public Work's Department. Licensee shall fully cooperate with the Fire Department and provide, or assist with providing, any and all necessary notifications, evacuations or other necessary actions. Leaks or other defects are to be repaired immediately by Licensee at it's own cost. o The Licensee shall be responsible for the cleanup and remediation of contaminated areas due to exposure or release of product and any and all costs associated with said cleanup and remediation. o The Licensee shall be responsible for any and all costs associated with the relocation of the pipeline. As provided, the necessity for relocation of the pipeline shall be solely within the discretion of City and/or the Texas Department of Transportation. o Permits which allow lines to be maintained or constructed in City right-of- way shall be obtained by Licensee or it's contractor prior to beginning maintenance or construction. The fee for such permits is in addition to this License Agreement fee. (See Cost of License) o Installation will be done in accordance with all City standards and statutes of the State of Texas. 19 REQUIRED COVERAGE: o Licensee shall furnish the City with a Certificate of Standard Liability Insurance, including bodily injuries and property damage, naming the City of Beaumont as an Additional Insured. Such policy shall provide for the following minimum coverage: a Bodily injuries: $ 300,000.00 per person $1,000,000.00 per incident o Property Damage: $1,000,000.00 Such insurance shall be maintained in force and effect during the construction or required maintenance of the pipeline and during the life of the pipeline. Such certificate shall contain a provision that at least fifteen (15) days written notice must be given to the City prior to cancellation, alteration, or modification of such insurance. o Licensee shall have in force with the City a surety bond in the principal amount of $1,000,000.00. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this agreement. The bond shall provide that it may not be cancelled, altered, or otherwise modified without giving fifteen (15) days prior written notice to the City. The bond shall be good and in effect for a period of one (1) year from the date of completion of construction of the pipeline. Licensee shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the construction, maintenance, operation, repair or removal of the pipeline. This indemnity expressly extends to claims alleging negligence by the City of Beaumont, it's agents, officers or employees, arising from actions taken or occurrences under this license agreement. If the pipeline or any part thereof installed by Licensee shall be in any respect damaged or injured by City or any of its agents or employees in connection with the performance of any work or repairs that may be done upon the property mentioned herein: 5 Licensee shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it; however, said conditions shall not prevent Licensee from recovering against any contractor who shall damage Licensee's property in the course of such contractor's performance of any contract with the City. OTHER CONSTRUCTION/MAINTENANCE WITHIN R.O.W.: c City will use its best efforts to notify Licensee of any proposed construction and/or maintenance, to be done by City forces or by contract for the City, within the R.O.W. involved with this license. Notification, to Licensee, of other construction and/or maintenance permitted by the City and within the R.O.W. involved with this license will be the responsibility of the company obtaining said permit. Licensee shall mark the location of its lines within forty-eight (48) hours after receipt of such notification of proposed construction. Licensee shall maintain a local, or .toll free,. telephone number to be called for notification of construction or maintenance and for location of lines. Such number, or charges to such number, will be provided to the City (Department of Public Works) and kept current at all times. This number shall be provided to entities permitted to construct, maintain or excavate within this City R.O.W. and which are required to provide notification of such work. When information has been relayed to Licensee, through the phone number provided, such contact shall constitute notification for Licensee to provide location of its lines. Failure, by Licensee, to respond within the required time frame shall alleviate -the responsibility of the person(s) requiring the lines to be relocated. - o City reserves the right to lay, and to permit to be laid, sewer, gas, water and other pipes and cables, and to do or permit to be done any underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Licensee for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Licensee's rights to recover damages against any contractor or third party who may be responsible for damages to Licensee's facilities. R o Whenever by reason of the change in the grade of any street occupied by Licensees' pipeline or construction of a new street or highway along or over said street, or by reason of the location or manner of constructing drainage structures, water pipes, gas pipes, sewers, or other underground construction for any purpose whatever, it shall be deemed necessary by City to relocate, alter, encase, change, adopt or conform the pipeline of Licensee thereto, such change shall be made promptly by Licensee at its cost and without claim for reimbursement or damages against City. If the change is demanded by the City for the benefit of any other person or private corporation, except the City or the Texas Department of Transportation, Licensee shall be reimbursed fully by the person or corporation desiring or occasioning such change for any expense arising out of such change; provided, however, should the change be requested by the Texas Department of Transportation or be required due to construction of a state or federal highway, Licensee will, upon notice from the City, make such change immediately and at its own cost; it being understood that City will not participate in any part of the cost of any change involving relocation, altering, encasing, boring, or changing in any manner of the pipeline where same is in a City street, alley, easement or other right-of- way. NOTIFICATIONANSPECTION: o Any and all work to be performed on City right-of-way (R.O.W.) shall be observed and inspected by a City representative. Any work to be performed within the City limits will be subject to periodic inspection to ensure compliance with construction standards. o Licensee shall provide the City (Public Works Department - Engineering Division) twenty-four (24) hours prior to the installation of the lines permitted by this license. Licensee shall also notify the City twenty-four (24) hours prior to any street or R.O.W. crossing. A representative will be scheduled to be present. The expense'of such inspection. services may be billed to the Licensee and such amounts will be reimbursed to the City. o Licensee shall notify the Engineering Division at least forty-eight (48) hours prior to completion of work and removal of equipment from the job site to permit the City to make an inspection. 7 SPECIAL CONDITIONS: 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: Mobil Pipe Line Company & City of Beaumont Name -of Licensee: ExxonMobil Oil Corporation P.O. Box 3 827 Beaumont, Texas 77704 Address of Licensee: 22777 Spring_woods Village Parkway Attn: City Manager City and State of Licensee: Spring, Texas 77389 Upon cancellation, the pipeline shall be removed and property restored to a condition acceptable to the City Engineer. In the event of cancellation, any and all monies collected for fees associated with this agreement will remain the property of the City. There will be no reimbursements. 8 Commencement of work on the pipeline by Licensee after the date of this fully executed license shall be construed as evidence of Licensee's acceptance and approval of the conditions above set forth. IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this _ day of J 4A 04t A.D. 20 Z CITY OF BEA lTEXAS ONT L, By: Kyle Hayes, City Manager APPLICANT'S COMPANY NAME: (Licensee) Mobil Pipe Line Company & ExxonMobil Oil Corporatioin Represented Matthew Horneman ' Attorney in Fact Title \pipelincs\\pipclinc license agree 9 Revised 12-14-2007 VICINITY MAP PROPOSED 12• EMIOC-141 PIPELINE PRODUCT:ETHYLENE CROSSING PIPE: 1275* O.D. X 0A6T W.T., X65, PSL2, SMLS 12-16 MILS FBE & 20-24 MILS ARO MINIMUM TEST PRESSURE: 2B3B PSIG MAXIMUM OPERATING PRESSURE: 1892 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION IMPRESSED CURRENT PROPOSED IV EMOC-139 PIPELINE PRODUCT: PROPANE CROSSING PIPE 10.75' O.D. X 0.469- W.T., X-65, PSL21 SMLS 12-16 MILS FRE & 20-24 MILS ARO MINIMUM TEST PRESSURE:2160 PSIG MAXIMUM OPERATING PRESSURE 1440 PSIG INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED CATHODIC PROTECTION: IMPRESSED CURRENT NOTES: T. CRD39N0 RPE SNVL ERIQ M,Y014)RNiR-0FYWr IAlI6. 2 TRAFFTCTO BE W➢iYANM DURNG 2MADATIOL 3. PROPO.SFITNelNEWRL WNTMI ImM W7MANWCE FRWE UMlM W FGNBGN PWaV E9. t 0DMMMTESYSTEPk M677EF/S SPATE FIANESWM CENFRALZWF, US FOOT9XV,%9 EXXONMOBIL BEAUMONT2 PIPELINE PROJECT JEFFERSON COUNTY, TEXAS J.W. BULLOCK SURVEY, ABSTRACT NO. 7 Y Z f Y n O5 p p p p= P �O5 p �s p x o .- w i2 a w XN N r % \ N 13957107. 1k COR2-JE-012.100 "\ CL PROPOSED i2 COR2JE-011.900 \ t, \ E: 3526921.E LAT: 30'07a LONG: 94'04 EMOC-141 PIPELINE 1`DD `� �2'W CL PROPOSED 10" N: 13957076.58 E35289D8.46 �' E3 EMOC-139 PIPELINE IAT:30'D2W.76'N �+ \ LAI L01 LONG: 94•p4'01.65•W —y \ * '\ \ PLAN a 1'=5( '-7z � o oo p o =u Dy mg uu 2 m o u'] u'] Fjm550� a $W C�w U W 1��jj 40..........-..............................._..............................._. NATURAL GRWND ' .......................1................... 41.a 51.8' GLR. .................................. ...... CL PROPOSED BUNDLED PIPELINES 12" EMOC-141 & 1D" EMOC-139 .....................,.....(HOD 2) .......... 2-DO PROFILE HORV: V-5D VERT: T=4a 3W0 COR2JE-D11.000 FOB 40' NATURAL ... . GROUND 2R 0' 4WD D 25 W E&onMobil ROAD CROSSING DRAWING PROPOSED 10" EMOG139 & 12' EMOC-141 PIPELINES JIM GILLIGAN WAY COR2-JE-011.90D -- m.-; BMT-H"MUP-RD-0052 Z. `x oPtSs2"1oa+4*,P+ = *r JEFFERSON COUNTY, TEXAS �} t a. �,�tORQSF PI P WEUNE�T' JA VEATCH SURVEY, ABSTRACT NO. 55 G �f0,T f > 4.�..i� ., ::.• {.^`n'."i i§ o t � O w u0i o o Es 0 15 60 `,f P yp q4 p IS p J p 1 1 1 GOB. RE V �L6 ,, �S ♦ S $ e+i chi A r t 3•�•. i� .i�-"�` .•�;x' "=a_i° <..: _ \ CL PROPCORZ.IE-021.9t0•\ COR2JE-021.900 � LO OSED 12"VICINITY MAP EMOG741 PIPELINE1 00 2+DD j0DNG: 94'0446.9TW CL PROPOSED 10" N: 73954589.55 —y— EMOC-139PIPELINE — E35zas3sa4 N:13954soaio °O� IEo21•00° lAT: 3O'Ol%Ka2M _ LONG:94'OT4T.99iY �� IAT: 3D'DI%5.95'N 1 r---71---tr— a PLAN LONG:94'04'47. 1*W .' .•�"—' J 1'=50' U 0^_ PROPOSED 12' MPL-141 PIPELINE 5 PRODUCT: ENittENE ci 3 K Ei g 3 CROSSING PPE12.7S O.D. X 0.46!" W.T"X-W PSL$S S 1� 12-16 MILS FBE 8 20.24 MILS ARO MINIMUM TEST PRESSURE: 283E PSIG 4p ............. . ................... . . ................ ................... . .................. .................. .... 40 MAXIMUM OPERATING PRESSURE 1892 PSIG NATURAL NATURAL INSTALLATION METHOD: HORRONTAL DiRECT10NAL DRILL BUNDLED GROUND CATHODIC PROTECTION: RPRESSED CURRENTgT ....,..........:.......................... ........... ............................ .............. ........ ZD• t PROPOSED ID" EMOC-139 PIPELMF PRODUCT:PROPANE 0............ ..:................................:......................... CROSSING PIPE:10.78' O.D.X0.4W W.T. X-K PSL2, sws p 1216 MLS FBE 8 20.24 MILS ARO a NONIMUM TEST PRESSURE: 2160 PSIG -20' .......... CL PROPOSED BUNDLED ............... C ......... ................ ....L .................. .... -2V MAXIMUM OPERATING PRESSURE 1440 PSIG 12" EMOG141 & OSTAUA710N MEDIOD: HORIZONTAL DIRECTIONALDiDLL BUNDLE)... 10' EMOG139 PIPELINES._.....a.�,......m.....�...,wq,.o�.. CATHODIC PROTECTION: 04PRESSED CURRENT .qp• ............................ ..... .................... ...... ............ ,............... .4p i M�� NOTES: Z icas evseLn-0rvnvYrs-5.......N_W.................................................................................... i TPAFRCVV(rAN ajMULVa2W0 3+00 PKf0SE0PMNEyMLKMTAFNMWP70.EPAAG FROMWESAV FMEIJPE-NE& PROFILEaCMATEttE)MSTATE PANE, cum HOR1'=50 eWPALmrEUSFODTM�-WFVERT., 1' = SV " E&onMobil ♦ram EXXONMOBIL ROAD CROSSING DRAWING 13EAOMONT 2 PROPOSED 12'EMOC44181D'EMOC439PIPELINES PIPELINE PROJECT SULPHUR DRIVE COR2JE-021.900 06� OaF 1btY "1eay,.na bRr az roo u 90996 BtlfT•H14000-UP4UU K$3 I t OP t Int n"arvar. Pro_. mawePstxnv.tt� H U S S Surety 0 + 908.903.3485 202B Halls Mill Road, PO Box 1650 F + 908.903.3656 Whitehouse Station, NJ 08889-1650 Federal Insurance Company License or Permit Bond Bond No. K40197783 Amount $1,000,000.00 Rnow All Men By These Presents, That we, MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION (hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto of (Address) City of Beaumont P.O. Box 3872, Beaumont, TX 77704 (hereinafter called the Obligee), in the sum of One Million and No/100 Dollars ($ 1,000,000.00 ---------- ), for the payment of which we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the above bounden Principal has made application to the Obligee for a license or permit3W to lay, maintain, operate, replace or remove a pipeline for the transportation of oil, gas, water, or their products on or across Jim Gilligan Way and Sulphur Drive in accordance with the rules and ordinances of said Obligee pertaining to same. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal shall faithfully observe, keep and obey all laws and ordinances of said Obligee relating to the said license or permit now in force, or any amendments thereto and shall save, indemnify and keep harmless, the Obligee against all liabilities, judgments, costs and expenses, which may accrue against said Principal in consequence of the granting of such license or permit and will in all things, strictly comply with the conditions of the license or permit, then this obligations to be void, otherwise to remain in full force and effect. PROVIDED, however, that the Surety may terminate this bond as to future liability by giving thirty (30) days written notice to the Obligee at the above address, such termination not to affect any liability incurred or accrued prior to the expiration of said thirty (30) day period. Signed, Sealed and Dated this 11th day of December, 2020. MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION Principal By Federal Insurance Company By . liza th P. Cervini, Attorney -in -Fact Farm t5"02.0t59+ED (Rev, 7/17) U E3 r Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY. a Wisconsin corporation, do each hereby constitute and appoint Jonathan F. Black, Denise M. Bruno, Julia R. Burnet, Elizabeth P. Cervini, James M. DiSciullo, Stephanie S. Helmig, Melissa J. Hinde, Joyce M. Houghton, David A. Johnson, David C. Rosenberg, Harry C. Rosenberg, John E. Rosenberg, Matthew J. Rosenberg and Nolan P. Steele of Wayne, Pennsylvania — — — each as their true and lawful Attorney -in -Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration ofany Instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 21d day of October, 2019. i' t3w-i--s o-fN t m Al.(:hlr>rez�.,hctu:nuSctlrcay STATE OF NEW JERSEY CountyoflIunterdon Stephen M, li:mcy. Vim Pru.,Wnt On this 21d day of October, 2019, before me, a Notary Public of New Jersey, personally came Dawn M. Chloros, to me ]mown to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros, being by me duly sworn, did depose and say that she Is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies: and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority: and that she Is acquainted with Stephen M Haney, and knows him to be Vice President of said Companies: and that the signature of Stephen M. Haney, subscribed to said Power of Attorney Is In the genuine handwriting of Stephen M. Haney, and was thereto subscribed by authority of said Companies and In deponents presence. Notarial Seal KATHERINE J. ADELAAR NOTAgI NOTARY PUBLIC OF NEW JERSEY �PU9L1 Rg No- 2316685 Commission Expires July 16, 2024 Notary Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 201G: 'RESOLVED. that the rollowing authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, remgnizan= contracts and other written commitments of the Company entered Into in the ordinary course of business (each a'Written Commitment"): (I) Each of the Chairman, the President and the Vice Presidents or the Company Is hereby authorized to execute any Written Commitment for and on behalfof the Company, under the seal of the Companyor otherwise. (2) Each duly appointed attomey-In-fact of the Company U hereby authorized to execute any written Commitment for and on behalf of the Company, tinder the seal of the Company or otherwise, to the extent that such action Is authorized by the grant of powers provided for in such p arson's written appointment as such attorney -hi -fact (3) Each of the Chairman.. the President and the vice Presidents of the Company Is hereby authorized, for and on behalrof the Company, toappoint Inwriting any pet3on the attorney - in -fact of the Company with full power and authority to execute, for and on behalrofthe Company. under the sealoftheCompanyorotherwise,suchWrittenCommitmentsofthe Company as maybe specified in such written appointment, which spedacatton maybe by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents or the Company is hereby authorized, for and on behalf ofthe Company, todelegate Inwriting toany other oQimrofthe Company the authority to execute, for and on behalf of the Company. under the Company's seal or otherwise, such written Commitments of the Company as are speadlled In such written delegation, which specification may be by general type or class of Written Commitments or by specification ofoneormore particvlar Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution, and the seal of the Company. may be alllxed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officem employees and other persons to act for and an behalfof the Company, and such Resolution shag not limit or otherwise affect the exercise of arty such power or authority otherwise validly granted or vested: I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies") do hereby certify that 0) the foregoing Resolutions adopted by the Board of Directors of the Companies are true, correct and in full force and effect, (10 the foregoing Power of Attorney is true, correct and in frill force and effect Given under my hand and seals of said Companies at Whitehouse Station, DU, this 11th Day of DeceMber, 2020. W n it f:ltir,nt,ti rl��ittam Scct>K:u7p iNHEENYOUWISHTOIIH@THBONDRR14AIDLEAECOTACTUAM Tel(908)903rOFdlubbm FED- VIG-PI (rev. 08-18) DocuSign Envelope ID: CCF7D358-gB2&47C6-8B4C-6EAB7BF6431E FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis December 31, 2019 (In thousands) LIABILITIES AND ASSETS SURPLUS TO POLICYHOLDERS Cash and Short Term Investments United States Government, State $ (429,790) Outstanding Losses and Loss Expenses $ 6,823,691 and Municipal Bonds 4,559,706 Reinsurance Payable on Losses and Expenses Unearned Premiums 1,433.250 2,014,727 Other Bonds Stocks 5.314,219 Ceded Reinsurance Premiums Payable 353,115 Other Invested Assets 32.735 1,029,733 Other Liabilities 849,544 TOTAL INVESTMENTS 10,506.613 TOTAL LIABILITIES 11,474.327 Investments in Affiliates: Capital Stock 20,980 Great Northam Ins. Co. 395,442 Paid -in Surplus 2.711,474 Vigilant Ins. Co, 341,290 Unassigned Funds 1,306,881 Chubb Indemnity Ins. Co. 178,808 Chubb National Ins, Co. 181,053 SURPLUS TO POLICYHOLDERS 4,039,335 Other Affiliates 97,150 Premiums Receivable 1,511,096 Other Assets 2,302,210 TOTAL LIABILITIES AND TOTAL ADMITTED ASSETS $ 15.513,662 SURPLUS $15.513,682 Investments are valued in accordance with requirements of the National Association of Insurance Commissioners, At December 31, 2019, investments with a carrying value of $508,749,121 were deposited with government authorities as required by law, STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA John Taylor, being duly swam, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge and belief the foregoing Is a true and correct statement of the said Company's financial condition as of the 31 st day of December, 2019. Uoerrs RVa 17!ere me this D2861 ■ _Vice Presr ant 'Notary FUD IC i My com rssion expires Commonwealth of Pennsylvania • Notary Seal Diane Wright, Notary Public Philadelphia County My commission expires August 8, 2023 Commission number 1236745 i,•tember, PennsylvanleAssociatlon of Notaries