HomeMy WebLinkAboutRES 21-004RESOLUTION NO. 21-004
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 Utility Crossing
Agreement with ExxonMobil Oil Corporation and Mobil Pipe Line Company,
substantially in the form attached hereto as Exhibit "A," to install two (2) pipelines. The
first pipeline is a ten inch (10") pipeline which will cross City infrastructures outside the
city limits of Beaumont and the second pipeline is a twelve inch (12") pipeline which will
cross City infrastructures outside the city limits of Beaumont. The two pipelines will
transport liquid hydrocarbons. Said pipelines are 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.
/ • -
APPLICATION FOR
UTILITY CROSSING AGREEMENT
OUTSIDE THE CORPORATE LIMITS OF
THE CITY OF BEAUMONT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
ExxonMobil Oil Corporation &
Business Name: Mobil Pipe Line Company Business Phone: (800 537-5200
Business Address: 22777 Springwoods Village Parkway Spring, Texas 77389
The City of Beaumont, hereinafter called "City", for and in consideration of the
sum specified herein ' $500.00
hereby grants to
ExxonMobil (ail Corporation &Mobil Pine Line Co. hereinafter called "Licensee", the
license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil,
gas, water, or Other Hydrocarbons
products, on or across the following City easement and/or property situated outside the City
of Beaumont, Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction
(ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
Nearest Street Distance to Easement 'Length h (Linear Foot) of Crossing
See. map, list of crossings and the plan and profiles for each crossing outside city limits
1
EXHIE3IT "A"
COST OF LICENSE:
Licensee shall make payment to the City of Beaumont as follows:
License Agreement fee - $500.00
Annual fee of $2.25 per linear foot of pipeline located within City
property. Said. fee shall be reset on January 31, 2011 and shall be reset
every ten (10) years, thereafter, to a level to be determined by the City
Council or their delegated representative.
All fees, including the first annual fee for linear foot usage shall be made to
the Water Utilities Department and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply
with the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the. City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be
those as lawfully established by the ordinances of the City.
o All pipelines crossing City of Beaumont utility easements, water or sanitary
sewer easements shall be bored from easement line to easement line. Within
these limits, the pipeline shall be protected by casing or other method
approved by the City Water Utilities Department.
o The pipeline shall be constructed in such a manner as approved by the City
so as it does not interfere with the use of the City property.'
o The pipeline shall be installed a minimum of three (3) feet below ground
and a minimum of five (5) feet below the lowest existing or proposed ditch
grades, waterlines, sanitary sewer lines or storm drainage lines, unless
otherwise authorized by the City. Such .grades and lines shall be indicated
on map submittal, as well as depth of proposed pipeline (see page 3).
2
The construction and operation of the. pipeline shall not interfere.
with the natural drainage in that area nor with the drainage system of the
City; nor with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance
of the pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
Bore pits shall be backfilled according to City standards.
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 Water Utilities Department.
o Operations along easements shall be performed in such a manner that all
property where operations are performed will be 'restored to original
condition or better. No equipment or installation procedures will be used
which will damage any structures. The cost of any .repairs to structures,
sanitary'sewer lines, water lines or other easement features as a result of this
installation will be borne by the owner of this line.
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) to adjoining property shall be obtained
and a copy of such document shall be provided to the City.
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.
o The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to the City property. Once the pipeline is in
operation, any damage that occurs to the pipeline which results in exposure
or release of product must be reported immediately to -the City Fire
Department and Water Utilities Department. Licensee shall fully
3
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.
o Installation will be done in accordance with all City standards and statutes
of the State of Texas.
REOUiRED COVERAGE:
o Licensee shall furnish the. City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City
of Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage:
o Bodily injuries: $ 300,000.00 per person,
$1' 000,000.00 per incident
o Property Damage: $1,000,000.00
Such insurance shall be maintained in force and .effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall contain a provision that at least fifteen (15)
days written notice must be given to the City prior to cancellation,
alteration, or modification of such insurance..
o Licensee shall have in force with the City a surety bond in the principal
amount of $1,000,000.00. The bond shall be payable to the City of
Beaumont for the use and benefit of any person entitled thereto and
conditioned that the principal and surety will pay all damages to any person
caused by, or arising from, or growing out of any violation of the terms of
this agreement. The bond shall provide that it may not be cancelled, altered,
or otherwise modified without giving fifteen (15) days prior written notice
to the City. The bond shall be good and in effect • for a period of one (1)
year from the date of completion of construction of the pipeline.
o Licensee shall indemnify, save and hold harmless the City of Beaumont
4
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal .of the pipeline. This indemnity expressly extends to
claims alleging negligence by the City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont * for any such damage or injuries so sustained by it; however, said
conditions shall --not prevent Licensee from recovering against any contractor
who shall damage Licensee's property in the course of such contractor's
performance of any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY:
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 property involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and .within the property involved with this license
will be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within .forty-eight (48)
hours after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number'to be
called. for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Water Utilities Department) and kept current at all times. This number
shall be provided _ to entities permitted to construct, maintain or excavate
within this City property and which are required to provide notification of
such work. When information has been relayed to Licensee,. through the
phone number provided, such contact shall constitute notification -for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
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
5
work that may be deemed to be necessary or proper by City in, across,
along, or under the property. In doing or permitting any such work, the
City of Beaumont shall not be liable to Licensee for any damage
occasioned; it being understood that nothing herein shall be construed as
foreclosing Licensee's rights to recover damages against any contractor or
third party who may be responsible for damages to Licensee's facilities.
o Whenever by reason of the change in the grade of the property occupied by
Licensees' pipeline, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its
cost and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City, Licensee shall be reimbursed fully by
the person or corporation desiring or occasioning such change for any
expense arising out of such change; Licensee will; upon notice from the
City, make such change immediately and at its own cost; .it being
understood that City will not participate in any part of the cost of any
change involving relocation, altering, encasing, boring, or changing in any
manner of the pipeline where same is within City property.
NOTIFICATION/INSPECTION:
Any and all work to. be performed on City property shall be observed and
inspected by a City representative. Any work to be performed within the
City limits will be subject to periodic inspection to ensure compliance with
construction standards.
o Licensee shall provide the City (Water Utilities Department) forty-eight (48)
hours prior to the installation of the lines permitted by this license. A
representative will be scheduled to be present. The expense of such.
inspection services may be billed to the Licensee and such amounts will be
reimbursed to the City.
Licensee shall notify the Water Utilities Department at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
I
SPECIAL CONDITIONS:
Nonassi ng able
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either parry attempting to
terminate this agreement shall give written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (30) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested. Mail notices shall be addressed to the addresses of the parties as -follows:
City of Beaumont Name of Licensee: ExxonMobil Oil Corp &Mobil Pipe Line Co
P.O. Box 3827
Beaumont, Texas 77704 Address of Licensee: 22777 SprinrEoods 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 Water Utilities Director. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will.be no reimbursements.
7
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this day of , A.D. 20
ATTEST:
City Clerk .
CITY OF BEAUMONT, TEXAS
By:
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee)
Mobil Pipe Line Company &
ExxonMobil Oil Corporatioin
Represented
Matthew orneman
Attorney in Fact
Title
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Beaumont Texas, Utility Crossings
The following was identified as City Utility pipelines we will cross and those in bold print are outside
the city limits:
S. Major Dr. (FM 364) — 20" Water main east side of road
Water Map: 400 Water Maps-24x36-Wa426
IH-10 S = 20" Water Main southeast side of Hwy
Water Map: 400 Water Maps-24x36-Wa426
Ford Arena — 2" Water line
Water Map: 400 Water Maps-24x36-Wa426
Hwy 124 - 8" Water Main & 15" FM Sewer Line
Sewer Map: 400 Sewer Maps-24X36-Sa426
Water Map: 400 Water Maps-24x36-Wa426
Frint Drive —18" Sewer Line & 8" Water Main
Sewer Map: 400 Sewer Maps-24X36-Sa430
Water Map: 400 Water Maps-24x36-Wa430
Erie St —12" & 16" Sewer Line
Sewer Map: 400 Sewer Maps-24X36-Sa428
Port Arthur Rd. (Spur 93) — 20" Water Main
Water Map: 400 Water Maps-24x36-Wa428
Highland Ave. — No Utilities
Sulphur Dr. = No utilities
E Cardinal Dr. (US 69, 96, 287) — No utilities
Jim Gilligan Way -10" Sewer Line & 8" Water Main
Sewer Map: 400 Sewer Maps-24X36-Sa425
Water Map: 400 Water Maps-2436-Wa425
Martin Luther King Blvd (Spur 380) — SW side - 6" Sewer Line & 8" Water Main; 8" Water Main
under Hwy; NE side —10" Sewer Line & 12" Water Main
Sewer Map: 400 Sewer Maps-24X36-Sa425
Water Map: 400 Water Maps-24x36-Wa425
VW&R St. — NW side - 8" Water Main & 6" Sewer Line
Sewer Map: 400 Sewer Maps-24X36-Sa425
Water Map: 400 Water.Maps-24x36-Wa425
JEFFERSON COUNTY TEXAS
JA VEATCH SURVEY, ABSTRAC� NO. 65
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CL PROPOSED I2 LAT:30°01'33.94'N h~ '•f •I LAT:30°O7'34.34'N
..., •a �' �' LONG: 94°0513.30'W 99 LONG: 94°OSY24TVJ 11 a
EMOC-141 PIPELINE. 2 ;a
VICINITY MAP 1+Do s24awo�
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CLPROPOSED 16E�
N139532982 ~� :3.3522B36.36EMOC•139PIPELIe35227sas7 — E:3522799.69 LAT:30°01'34.31'NLAE30°01'33.91'NLONG:94°OS12.4fi'WCOR2'E 023 000
LONG:94°05'13.29'I - LONG: 94°05'12.88•W-
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m.........N ........o....�. mm....m r-.- 4p'
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o PRODUCT: PROPANE o NATURAL
` CROSSING PIPE 10.75-D.D. X 0.469' W.T., X-65, PSL2, SMLS NATURAL
12-16 MILS FBE &20.24 MILS ARO 20' •••. •. •.••. GROUND 'GROUND ..,, 20 +�,�Pt>:•••,••••�y _S it
........................
MINIMUM TEST PRESSURE: 216D PSIG ,ti)
MAXIMUM OPERATING PRESSURE: 1440 PSIG - j *:
o INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED i * *,j
m CATHODIC PROTECTION: IMPRESSED CURRENT 0' ..........."WATE •••.....i••••• •.•......... .•••.......•:.....-.•.... ................ •..:..T ............. 0' / JON MARNIE /
20 WATER UNE } /....................... /
PROPOSED 12" EMOC-141 PIPELINE 16.4' CLR. !,, 117284 .�C�
PRODUCT: ETHYLENE ; . 59.5' 47.5
CROSSING PIPE: 1275' O.D. X 0.469' W.T., X-65, PSL2, SMLS -20' .. . ...................... ? .... 61.1............CLR.......... - . ; .. - ......................... ............... -20' ,i.
c 12.16 MILS FBE & 20.24 MILS ARO--
MINIMUM TEST PRESSURE: 2838PSIG
MAXIMUM OPERATING PRESSURE 1892 PSIG MOP 435
$$g .........................:...................................;......... -4V q� INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED• • • • - • • • rF;1
R CATHODIC PROTECTION: IMPRESSED CURRENT
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NOTES: -00...................:............................. ....................... ..........--... -6D'
,. cRGssucaFEsuuExrE,wseEroNGwGxraFwavuMRs. CL PROPOSED 12" EMOC-141 & 10" EMOC-139 PIPELINES,
d
i x TRAFFICTOBEMNNTA[NEOOURNGNBfaLNnoN. T.O.P. EL.-59.5' .
PROPOSED HPELNEWLL MAINTAIN MINIMUATION. RNNCE $p, ( I 80 wco"cwawnwuunaKrrum,arvcnwwnunw,wncamcrrn¢
3 FROMUTMIESAND FOREIGN PIPEl1NE5. • ... •'1HOD SJ • • • . • • • • ... • • • • . ' . • • • • • •'• • • • • • • • • •'•.r.re-wewu•amarw".r"."nouvn"x.wra°ac"+"n. u,e
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VERT: 1' = 40'
MonMobil
EXXONMOBIL ROAD CROSSING DRAWING
s BEAUMONT2 " PROPOSED I2".EMOC-141&10"EMOC439PIPELINES
PIPELINE PROJECT o STATE HWY 931 W PORTARTHUR ROAD
COR2-JE-025.900
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PROPOSED16-
' w'�! � EMo6139 PIPELINE %�4+
VICINITY MAP
PROPOSED 10" EMOC-139 PIPELINE
PRODUCT: PROPANE
CROSSING PIPE 10.75' O.D. X 0.469" W.T., X-85, PSL2, SMLS
12-16 MILS FEE
MINIMUM TEST PRESSURE: 2160 PSIG
MAXIMUM OPERATING PRESSURE: 1440 PSIG
INSTALLATION METHOD: OPEN CUT
CATHODIC PROTECTION: IMPRESSED CURRENT
i PROPOSED 12" EMOC-141 PIPELINE
PRODUCT:ETHYLENE
{ CROSSING PIPE 12.75' O.D. X 0A69' W.T., X-65, PSL2, SMLS
12-16 MILS FEE
MINIMUM TEST PRESSURE: 2838 PSIG
MAXIMUM OPERATING PRESSURE: 1892 PSIG
INSTALLATION METHOD: OPEN CUT
CATHODIC PROTECTION: IMPRESSED CURRENT
I
NOTES:
1. CROMNGRPESHALLOCOMSSEYONDRIGHTOF-WAYLMRS.
2. TRAFHCTOBEMAINTAINEODURNGNSTAU.ATION.
3. PROPOSED PIPEUNEVALL MAINTANMIMMUM 7 CLEARANCE
y
FROM UTIUDES AND FOREIGN PIPELINES.
4 COORDINATE SYSTEW NADIR TFXA.SSTATE PLANE, SOUTH
_
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BEAUMONT2
PIPELINE PROJECT
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EMOC-141 PIPELINE
CL PROPOSED 10"
JEFFERSON COUNTY, TEXAS
. JA. VEATCH SURVEY, ABSTRACT NO.55
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NATURAL
GROUND
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.. CL PROPOSED 12" EMOC-141 & 10" EMOC-139 PIPELINES,
, , , , ... , , ,
, ,
(T.O.P. EL. -2.2t)
-20'....................................................................................................
-20'
1+00
- -
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PROFILE
HORIZ: 1' = 50'
VERT., P=20'
0 25 50
I
E onMobil
UTILITY CROSSING ORAWING
PROPOSED 12" EMOC441 & 10" EMOC439 PIPELINES
ERIE STREET -12" & 16' SEWER LINES
" COR2,IE-029.900
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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
UTILITY CROSSING AGREEMENT
EXXONMOBIL OIL CORPORATION and MOBIL PIPE LINE COMPANY
22777 SPRINGWOODS VILLAGE PARKWAY
SPRING, TEXAS 77389
(800) 537-5200
BUSINESS
MATTHEW HORNEMAN, ATTORNEY IN FACT
RESOLUTION NO.21-004
JIM GILLIAN WAY AND SULPHURE DRIVE
$500.00 (Ck #1901)
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: No annual billing required for this application.
a
UTILITY CROSSING AGREEMENT
OUTSIDE THE CORPORATE LIMITS OF
THE CITY OF BEAUMONT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
ExxonMobil Oil Corporation &
Business Name: Mobil Pipe Line Comvany Business Phone: L800 537-5200
Business Address: 22777 Springwoods Village Parkway, Spring, Texas 77389
The City of Beaumont, hereinafter called "City", for and in consideration of the
sum specified herein
$500.00
hereby grants to
FxxonMobil nil Corporation &Mobil Pipe Tine Co. hereinafter called "Licensee", the
license to lay, maintain, operate, replace, or remove a pipeline for the transportation of oil,
gas, water, or Other Hydrocarbons
products, on or across the following City easement and/or property situated outside the City
of Beaumont, 'Jefferson County, Texas, but being within our Extra -Territorial Jurisdiction
(ETJ) and/or Certificate of Convenience and Necessity (CCN) and being more particularly
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
Nearest Street Distance to Easement Len tgth (Linear Footl of Crossing
See map, list of crossings and the plan and profiles for each crossing outside city limits
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 Water Utilities Department and payable to the City of Beaumont prior to
construction.
This license is granted by the City of Beaumont subject to conditions. Failure to comply
with the following may result in termination of agreement (see page 8).
GENERAL CONDITIONS:
o Licensee does not intend to sell product for resale from the covered pipeline
to customers located within the. City; however, Licensee recognizes that
should it sell product for resale from this covered pipeline to customers
within the City, it will be required to report such distribution and when
lawfully required to do so, pay a street rental fee based on revenues. The
annual fee and the regulations controlling the payment of such fee will be
those as lawfully established by the ordinances of the City.
All pipelines crossing City of Beaumont utility easements, water or sanitary
sewer easements shall be bored from easement line to easement line. Within
these limits, the pipeline shall be protected by casing or other method
approved by the City Water Utilities Department.
The pipeline shall be constructed in such a manner as approved by the City
so as it does not interfere with the use of the City property.'
The pipeline shall be installed a minimum of three (3) feet below ground
and a minimum of five (5) feet below the lowest existing or proposed ditch
grades, waterlines, sanitary sewer lines or storm drainage lines, unless
otherwise authorized by the City. Such grades and lines shall be indicated
on map submittal, as well as depth of proposed pipeline (see page 3).
2
The construction and operation of the pipeline shall not interfere
with the natural drainage in that area nor with the drainage system of the
City; nor with sanitary sewer lines, waterlines, or other utilities.
Damage to existing ditch grade during construction or maintenance
of the pipeline shall be corrected and the ditch grade shall be restored to the
condition and grade at which it existed prior to construction or maintenance.
Bore pits shall be backfilled according to City standards.
Excavations necessary for the construction; repair, or maintenance of the
pipeline shall be performed in such a manner that will cause minimal
inconvenience to the public. Licensee shall promptly restore the area to as
good a condition as before working thereon and to the reasonable
satisfaction of the City's Water Utilities Department.
Operations along easements shall be performed in such a manner that all
property where operations are performed will be restored - to original
condition or better. No equipment or installation procedures will be used
which will damage any structures. The cost of any repairs to structures,
sanitary'sewer lines, water lines or other easement features as a result of this
installation will be borne by the owner of this line.
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.
1
o Any licenses, permits or agreements required by another governmental
entity (County, State or Federal) to adjoining property shall be obtained
and a copy of such document shall be provided to the City.
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.
o The pipeline shall be maintained and operated in such a manner as not to
leak and/or cause damage to the City property. Once the pipeline is in
operation, any damage that occurs to the pipeline which results in exposure
or release of product 'must be reported immediately to -the City Fire
Department and Water Utilities Department. Licensee shall fully
cooperate with the Fire Department and provide, or assist with providing,
11
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.
Installation will be done in accordaTice with all City standards and statutes
of the State of Texas.
REQUIRED COVERAGE:
Licensee shall furnish the . City with a Certificate of Standard Liability
Insurance, including bodily injuries and property damage, naming the City
of Beaumont as an Additional Insured. Such policy shall provide for the
following minimum coverage: .
o . Bodily injuries: $ 300,000.00 per person
$1,000,000.00 per incident
Property Damage: $1,000,000.00
Such insurance shall be maintained in force and ,effect during the
construction or required maintenance of the pipeline and during the life of
the pipeline.
Such certificate shall - contain a provision that at least fifteen (15)
days written notice must be given to the City prior to cancellation,
alteration, or modification of such insurance.
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 terns 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
4
from any and all claims for injuries and damages to persons or property
occasioned by or arising out of the construction, maintenance, operation,
repair or removal of the pipeline. This indemnity expressly extends to
claims alleging negligence by the. City of Beaumont, it's agents, officers or
employees, arising from actions taken or occurrences under this license
agreement.
If the pipeline or any part thereof installed by Licensee shall be in any
respect damaged or injured by City or any of its agents or employees in
connection with the performance of any work or repairs that may be done
upon the property mentioned herein:
Licensee shall not be entitled to prosecute or maintain a claim against the City of
Beaumont 'for any such damage or injuries so sustained by it; however, said
conditions shall -not prevent Licensee from recovering against any contractor
who shall damage Licensee's property in the course of such contractor's
performance of any contract with the City.
OTHER CONSTRUCTION/MAINTENANCE WITHIN PROPERTY:
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 property involved with this license.
Notification, to Licensee, of other construction and/or maintenance
permitted by the City and within the property involved with this license
will be the responsibility of the company obtaining said permit.
Licensee shall mark the location of its lines within forty-eight (48)
hours after receipt of such notification of proposed construction.
Licensee shall maintain a local, or toll free, telephone number to be
called for notification of construction or maintenance and for location of
lines. Such number, or charges to such number, will be provided to the City
(Water Utilities Department) and kept current at all times. This number
shall be provided to entities permitted to construct, maintain or excavate
within this City property and which are required to provide notification of
such work. When information has been relayed to Licensee,. through the
phone number provided, such contact shall constitute- notification for
Licensee to provide location of its lines. Failure, by Licensee, to respond
within the required time frame shall alleviate the responsibility of the
person(s) requiring the lines to be relocated.
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
5
work that may be deemed to be necessary or proper by City in, across,
along, or under the property. In doing or permitting any such work, the
City of Beaumont shall not be liable to Licensee for any damage
occasioned; it being understood that nothing herein shall be construed as
foreclosing Licensee's rights to recover damages against any contractor or
third party who may be responsible for damages to Licensee's facilities.
o Whenever by reason of the change in the grade of the property occupied by
Licensees' pipeline, or by reason of the location or manner of constructing
drainage structures, water pipes, gas pipes, sewers, or other underground
construction for any purpose whatever, it shall be deemed necessary by
City to relocate, alter, encase, change, adopt or conform the pipeline of
Licensee thereto, such change shall be made promptly by Licensee at its
cost and without claim for reimbursement or damages against City. If the
change is demanded by the City for the benefit of any other person or
private corporation, except the City, Licensee shall be reimbursed fully by
the person or corporation desiring or occasioning such change for any
expense arising out of such change; Licensee will, upon notice from the
City, make such change immediately and at its own cost; it being
understood that City will not participate in any part of the cost of any
change involving relocation, altering, encasing, boring, or changing in any
manner of the pipeline where same is within City property.
NOTIFICATIONZINSPECTION:
o Any and all work to. be performed on City property shall be observed and
inspected by a City representative. Any work to be performed within the
City limits will be subject to periodic inspection to ensure compliance with
construction standards.
o Licensee shall provide the City (Water Utilities Department) forty-eight (48)
hours prior to the installation of the lines permitted by this license. A
representative will be scheduled to be present.. The expense of such
inspection services may be billed to the Licensee and such amounts will be
reimbursed to the City.
o Licensee shall notify the Water Utilities Department at least forty-eight (48)
hours prior to completion of work and removal of equipment from the job
site to permit the City to make an inspection.
R
SPECIAL CONDMONS;
Nonassignable
This license is personal to the Licensee. It is nonassignable and any attempt to assign this
license will terminate the license privileges granted to Licensee hereunder.
Termination
This agreement is subject to termination by the City if any condition specified herein is not
met. This agreement may also be terminated by the Licensee. Either party attempting to
terminate this agreement shall give written notice to the other specifying the date of, and
the reason for, termination. Such notice shall be given not less than thirty (30) days prior
to the termination date therein specified. Any written notice may be effected either by
personal delivery or by registered or certified mail, postage prepaid with return receipt
requested Mail notices shall be addressed to the addresses of the parties as' follows:
City of Beaumont Name of Licensee: ExxonMobil Oil Corp &Mobil Pipe Line Co
P.O. Box 3827
Beaumont, Texas 77704 Address of Licensee: 22777 Sprigwoods 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 Water Utilities Director. In the event of cancellation, any and all monies
collected for fees associated with this agreement will remain the property of the City.
There will be no reimbursements.
7
Commencement of work on the pipeline by Licensee after the date of this fully executed
license shall be construed as evidence of Licensee's acceptance and approval of the
conditions above set forth.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents
to be signed by its City Manager and the seal of the City to be herewith affixed by the City
Clerk, this A day of A.D. 20 L_.
wnln
V
\pipclinw\\pipclino llccnse agree
CITY OF BEAUMONT, TEXAS
By: L t L
Kyle Hayes, City Manager
APPLICANT'S COMPANY NAME:
(Licensee),
Mobil Pipe Line Company &
ExxonMobil Oil Corporatioin
Represented
Matthew Horneman '
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Beaumont Texas, Utility Crossings
The following was identified as City Utility pipelines we will cross and those in bold print are outside
the city limits:
S. Major Dr. (FM 364) — 20" Water main east side of road
Water Map: 400 Water Maps-24x36-Wa426
IH-10 S — 20" Water Main southeast side of Hwy
Water Map: 400 Water Maps-24x36-Wa426
Ford Arena — 2" Water line
Water Map: 400 Water Maps-24x36-Wa426
Hwy 124 - 8" Water Main & 15" FM Sewer Line
Sewer Map: 400 Sewer Maps-24X36-Sa426
Water Map: 400 Water Maps-24x36-Wa426
Frint Drive —18" Sewer Line & 8" Water Main
Sewer Map: 400 Sewer Maps-24X36-Sa430
Water Map: 400 Water Maps-24x36-Wa430
Erie St —12" & 16" Sewer Line
Sewer Map: 400 Sewer Maps-24X36-Sa428
Port Arthur Rd. (Spur 93) — 20" Water Main
Water Map: 400 Water Maps-2406-Wa428
Highland Ave. — No Utilities
Sulphur Dr. — No utilities
E Cardinal Dr. (US 69, 96, 287) — No utilities
Jim Gilligan Way -10" Sewer Line & 8" Water Main
Sewer Map: 400 Sewer Maps-24X36-Sa425
Water Map: 400 Water Maps-24x36-Wa425
Martin Luther King Blvd (Spur 380) — SW side - 6" Sewer Line & 8" Water Main; 8" Water Main
under Hwy; NE side —10" Sewer Line & 12" Water Main
Sewer Map: 400 Sewer Maps-24X36-Sa425
Water Map: 400 Water Maps-24x36-Wa425
VW&R St. — NW side - 8" Water Main & 6" Sewer Line
Sewer Map: 400 Sewer Maps-24X36-Sa425
Water Map: 400 Water Maps-24x36-Wa425
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VICINITY MAP
CL PROPOSED 12
EMOC-141 PIPELINE
CL PROPOSED 10"
EMOC-139 PIPELINE
e PROPOSED 10" EMDC-139 PIPELINE 40'
S PRODUCT: PROPANE
CROSSING PIPE 10.75' O.D. X 0.469' W.T., X-85, PSL2, SMIS
12-16 MILS FBE & 20�24 MILS ARO 2U
MINIMUM TEST PRESSURE: 216D PSIG
pE MAXIMUM OPERATING PRESSURE 1440 PSIG
3 INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
CATHODIC PROTECTION: IMPRESSED CURRENT 0'
a
5 PROPOSED iT EMOC-141 PIPELINE
PRODUCT.ETHYLENE
CROSSING PIPE 1275' O.D. X 0.467 W.T, X-85, PSL2, SM LS -2V
12.16 MILS FBE & =4 M6S ARO
MINIMUM TEST PRESSURE 2M8 PSIG
MAXIMUM OPERATING PRESSURE 1892 PSIG MOP �,
INSTALLATION METHOD: HORIZONTAL DIRECTIONAL DRILL BUNDLED
CATHODIC PROTECTION: IMPRESSED CURRENT
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PROFILE
FORM 1'=5V
VERT: 1'"4U
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JON MARNIE
MonMobil
ROAD CROSSING DRAWING
IROPOSED 12" EMOC•141 & 10' EMOC-139 PIPELIN
STATE HWY 931 W PORTARTHUR ROAD
CORUE-025.900
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VICINITY MAP
PROPOSED 10' EMOC-139 PIPELINE
PRODUCT: PROPANE
CROSSING PIPE iD.75' O.D. X 0.469' W.T, X-65, PSL2 SMLS
5 12-16 MILS F13E
MINIMUM TEST PRESSURE 2160 PSIG
MAXIMUM OPERATING PRESSURE 1440 PSIG
INSTALLATION METHOD: OPEN CUT
- CATHODIC PROTECTION: IMPRESSED CURRENT
B PROPOSED 12' E310C•141 PIPELINE
b PRODUCT:EfHYLENE
CROSSING PIPE 1275- O.D. X 0.46V W.T., X-65, PSL2. SMLS
S 12-16 MILS FBE
MINIMUM TEST PRESSURE 2838 PSIG
MAXIMUM OPERATING PRESSURE 1892 PSIG
INSTALLATION METHOD: OPEN CUT
CATHODIC PROTECTION: IMPRESSED CURRENT
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EMOC-139PIPELINEJE�
JEFFERSON COUNTY, TEXAS
JA VEATCH SURVEY, ABSTRACT NO. 55
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(T.O.P. EL -2.21
......................................................................
1+00 2+00 3+00
PROFILE
HORM 1'=5D
VERT: V=20'
i„` E&onMobil
UTILITY CROSSING DRAWING
PROPOSED 12" EMOC-141 & ID" EMOC-139 PIPELINES
ERIE STREET. IV & 16" SEWER LINES
C0112JE4N.900
wuw
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LPI OMYANG N0: 94999-1157ELN-11111
7-- LHDa'
Surety , 0 +908-903.3485
202E 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 $1,000,000.00
Know All Men By These Presents,
That we, MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION
(hereinafter called the Principal), as Principal, and the FEDERAL INSURANCE COMPANY, a corporation duly organized
under the laws of the State of Indiana, (hereinafter called the Surety), as Surety, are held and firmly bound unto
of (Address) City of Beaumont
P.O. Box 3872, Beaumont, TX 77704
(hereinafter called the Obligee),
in the sum of One Million and No1100
Dollars ($ 1,000,000.00---------- ), for the payment ofwhich 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 permitXK
to lay, maintain, operate, replace or remove a pipeline for the transportaBon of o(I, gas, water, or their products on or across Jim G1111gan 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 ifthe 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 11 th
Form 15-02-0159•FW (Rev.7/17)
day of December, 2020.
MOBIL PIPE LINE COMPANY & EXXONMOBIL OIL CORPORATION
Principal
By
Federal Insurance Company
By
I P. Cervini, Attorney -in -Fact
C7H6Uaa,
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 PACU IC
IKD M rff COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jonathan F. Black, Denise M. Bruno, Julia R. Burnet, Elizabeth P. Cervinl,
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 of any Instrument referred to In said bonds or obligations.
In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEI[i1TY COMPANY have each executed and attested these
presents and affixed their corporate seals on this 2" day of October, 2019.
tkuvm ai. (2ikv*x A., ssis an(Swmiary
i
..
STATE OF NEW JERSEY
CountyofI•lunterdon
tifc(thcn . i. Haney. Fri+tdent
On this 2ii1 day of October, 2019, before me, a Notary Public of New Jersey, personalty came Dawn M Chloms, 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 thereob 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.
Raney, 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 ofsald Companies and in deponeaCs presence.
Notarial Seal
KATHERINBJ.ADELAARNOTARY
PUBLIC OF MEW JERSEYRio.
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2316685
CommlBslon Expires July 16.2a24NotaryPUNIC
CERTIFICATION
Resolutions adopted by the Boards ofDirectors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 20160
,RESOLVED, that the following authorlmdons relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written commitments orthe Company
entered into in the ordinary course of business (each a'Writlen Commitment"),
(1) Each of the Chairman, the President and the Vice Presidents of the Company Is hereby authorized to execute any writtenComrnitment for and on behalf of the Company, under the
seal or Company or otherwise.
(a) Each duly appointed attomeyhrfact of the Company is hereby authorized to execute any Watteau Commtmnent ror and an behalfof the Company; under the seal of the Company or
otherwise, to the extent thatsuch action is authorized by thegrantofpowers provided For in such person's written appolntme» tas such attorney -in -fact
(3) Each of the Chairman, the President and the Vie Presidents of theCompanyisherebyaudwrfzed,fbrw don behalfofthe Company,,toappolntinwriting any person the attom*,
in tact of the Company with full power and authorityto execute. for and an behalfofthe Company, under the swlof the Compaw or odxTwise mxh Wthten Cotmnitments ofthe
Company as maybe specilled In such written appointment which specification maybe by general type or class of Written Commitments or byspecIticadnnot one or more particular
Written Commitments.
(4) Each of the Chaiman, the President and the Vie Presidents of the Company Is hereby authorized, for and on beball'oftheCompany, todoesateInwriting toamother officer ofthe
Company the authority toexecute,for and onbehalf of the Company, under the Companys seal or otherwise, such WrinenCommitments ofthe Company asare apedRedInsuch
written delegation, whithspecification may be by general type or class of Written Commltments or byspedHtatloncrone ormore pardnilarwritenCommitments.
(5) Theslgaarure of any officeror other person executlog any Written Commitmentorappolnunent ordelegadon pursuant to this Resohakm, and the seal of the Company, may be affixed by
facsimile on such Written Commitment or written appointment or delegation.
FURTfMR.RESOLVED. that the foregoing Resolution shall not be deemed to be an exclusive statementofthe powers and authority ofofficers, employees and other persons to act for and anbehalfof
the Company, and such Resolution shall not ftht or otherwise affba the exercise of any such power or authority otherwise validly granted or vested'
1, 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 theBoard of Directors ofthe Companies are trite, correct and in full force and effbM
(il) the foregoing Power of Attorney is true, correct and in fail force and effect
Given under my hand and seals ofsaid Companies atwhttehouse Stafionjq, this 11th Day of December, 2020.
Dawn 17 f:hkvtt4. Alk;bgant
IN THE EVEW YOU WISH TO VERIFY THE AUI-OMCrIY OF THIS DOND ORNOTIFY US OFANYOTRERMATTSR, PLEASE CONTACT US AT.
T 903-3493 Fax (908 903.3656 a mallbmm
FED-ViG4`1(rev.0846)
s 1 +
DowSlgn Envelope ID: CCF7D358-9825-47C6-8B4C-6FAB7BF6431 E
FEDERAL INSURANCE COMPANY
STATEMENT OF ASSETS, UABILITIES AND SURPLUS TO POLICYHOLDERS
Statutory Basis
December 31, 2019
(in thousands)
LIABILITIES AND
ASSETS
SURPLUS TO POUCYHOLDERS
Cash and Shod Term Investments
$ (429,760)
Outstanding losses and Loss Expenses
$ 6,823,691
United States Govemment, State
Reinsurance Payable an Losses and Expenses
1,433,250
and Municipal Bonds
4,559,706
Unearned Premiums
2,014,727
Other Bonds
5.314,219
Ceded Reinsurance Premiums Payable
353,115
Stocks
32,735
Other!_labilities
849,544
Other Invested Assets
1,029,733
TOTAL INVESTMENTS
10,506,613
TOTAL LIABILITIES
11,474,327
Investments in Affiliates;
Capital Stock
20.980
Great Northern Ins. Co.
395,442
Paid -in Surplus
2,711,474
ViglantIns. Co.
341,290
Unassigned Funds
1.306,W1
Chubb Indwn* Ins. Co.
178,808
Chubb National Ins. Co.
161,053
SURPLUS TO POLICYHOLDERS
4,039,335
Other Affiliates
97,150
Premiums Receivable
1,511,095 "
Other Assets
2,302,210
TOTAL LIABILITIES AND
TOTAL ADMITTED ASSETS $ 15 SURPLUS 515,613,662
Investments are valued in e=rdance with requirements or the National Association of Insprance Commissioners, At December 31, 2019,
investments with a carrying value of $W$.749,121 were deposited with government authorities as required by law.
STATE OF PENNSYLVANIA
COUNTY OF PHILADELPHIA
John Taylor, being duly swum, says that he is Senior Vice President of Federal Insurance Company and that to the best of his knowledge
and beilefthe foregoing is a true and correct statement of the said Company's financial condt0on as of the 31 st day of December, 2019.
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Notary Pu= r k y corn iss on expires
=Pemnsylvanlannsylvania - Notary Sealt, Notary Publicphia Countypires August 8, 2023number 1235745
Member, PennsylvanlaAssoclation of Notaries