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R2017-213 2017-10-23RESOLUTION NO. R2017-213 A Resolution of the City Council of the City of Pearland, Texas, approving a Seismic Testing Permit for the area generally located south of Bailey Road and north of County Road 128. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Denbury Onshore has applied for a Seismic Testing Permit for the area covered by Exhibit "A" attached hereto. Section 2. That Denbury Onshore has complied with the requirements of the City Seismic Testing Ordinance. Section 3. That the City Council hereby approves a Seismic Testing Permit for Denbury Onshore. PASSED, APPROVED and ADOPTED this the 23rd day of October, A.D., 2017. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY ea() TOM REID MAYOR Resource Acquisition Services, LLC. P.O. Box 16529 Jackson, MS 39236 Toll Free (601) 952-2828 Mobile (601) 757-3009 _!", October 12, 2017 City of Pearland Attn: Eric Wilson, Public Works Director Attn: Darrin M. Coker, City Attorney 3501 E. Orange St. Pearland, TX 77581 Resolution No. R2017-213 Exhibit "A" Subject: 2017 Hastings 3D Dear Mr. Wilson and Mr. Coker, On behalf of our Client, Denbury Onshore, LLC, (DRI), RAS, LLC submits this Letter of Request to begin the seismic permit application pursuant to the terms and conditions set forth in Pearland City Ordinance No. 716-1, Section 21-101, see below information: 1- Name of Applicant: Denbury Onshore, LLC 2- Address of Applicant: 5320 Legacy Drive Plano, TX 75024 3- Types of Sources: Pendolite 2.21b/ 5 lb charges and Vibroseis 4- Map of Testing Area: See attached map and worksheet of City of Pearland parcels of property/streets. 5- Traffic Control Plan: Vibroseis operations will be escorted by Local Police and paid by Denbury. 6- Certificate of Insurance: See attached COI 7- Pearland Seismic Bond: See attached Bond Please note, the seismic operations time -frame we have scheduled subject to city approval is for mid-October 2017 and should be completed by late November 2017. The scope of the seismic operations shall include monitoring and vibing on city rights -of -ways and fee lands that are located within the seismic prospect. All questions regarding this Seismic Permit Application should be directed to Gary W. Stewart, permit operations manager for Denbury Onshore, LLC. With regards, Gary Stewart, Permit Mgr. for Denbury Onshore, LLC Cell 601-757-3009 Email gstewart@ras-us.com Sheetl PEARLAND, TX- CANNON 3D SEISMIC PERMIT STREET_NAME ROAD LENGTH CR 100 7,905.00 CR 128 9,979.00 Margurite 3,495.00 TOTAL LINEAR FT. 21,379.00 Page 1 00000 0,0 • o e o00.0 q peg ▪ °' p 09, 0 o° as e 'g ° 'tl0 • 0oea00 0 04 a V ' o a �[Yi 3 . .. e a c o a 9 mono* o Coo 0190900000'00'0 0 00 F 7 uo c o 3 o oo ah o oao a 0 0 0 000000 0aa a 00 a o 000 0 000 0 e t,0aa0e0 0 oy o e peoAo9 0 a aoo ▪ o c n‘S:co o 0 0 0 o 09000'0,90 0 0 0 0 0 • 0 000000090 0 0 0 o a 0 0 Q Svc a -e . .. . a o, in a e a 0 r 'e.b",'�>" e e • e a a a ',0,4•A*". ° ° •-• "" 4ifia* 9 e o o 0 o a o a o +aW .°°90 4 a.eaaaa9aso 0 0 e 0 0 o ago 0 ACOR,D° CERTIFICATE OF LIABILITY INSURANCE II`,----- 4/1/2018 DATE(MM/DD/YYYY) 3/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL CIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 5847 SAN FELIPE, SUITE 320 HOUSTON TX 77057 866-260-3538 CONTACT FAX (A/C, No, Ext): (AIC, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Aspen Insurance UK Limited 11 680 INSURED Denbury Onshore, LLC 1372804 5320 Legacy Drive Plano, TX 75024 INSURER B : Liberty Insurance Corporation 42404 INSURER C: 4/1/2018 INSURER D : $ 5,000,000 INSURER E : $ XXXXXXX INSURER F : CERTIFICATE NUMBER: 12788623 N NUMBER: XXXXXXX vTHIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL MSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDD/YYYYI POLICY EXP (MM/DD/YYYYI LIMITS A x COMMERCIAL GENERAL LIABILITY N N B0621ELODR000117 4/1/2017 4/1/2018 EACH OCCURRENCE $ 5,000,000 PREMISES O(ERENTED nce) $ XXXXXXX CLAIMS -MADE x OCCUR MED EXP (Any one person) $ XXXXXXX PERSONAL & ADV INJURY $ XXXXXXX GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-❑ LOC JECT OTHER: PRODUCTS - COMP/OP AGG $ 5,000,000 $ B AUTOMOBILE X Ni X LIABILRY ANY AUTO AUTOS ONLY HIRED AUTOS ONLY _ X SCHEDULED NON -OWNED AUTOS ONLY N N AS2-641-004882-07X 4/1/2017 4/1/2018 EOcnSINGLE LIMIT accident)(Ea $ 1,000,000 BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident $ XXXXXXX PROPERTY DAMAGE (Per accidentl $XXXXXXX $ XXXXXXX A X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE N N B0621ELODR000217 4/1/2017 4/1/2018 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $XXXXXXX DED RETENTION $ B WORKERSCOMPENSATON AND EMPLOYERS' LUIBILITY ANY ANYIPRO/MEPROPRIE ER EXRLNER/ XECUTIVE (Mandatory In NH) DESCRIPTION uOFeOPERATIONS below Y / N N N / A N WA7-64D-004882-08X 4/1/2017 4/1/2018 X STATUTE OTH- ER E.L. EACH ACCIDENT $ 1 ,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L. DISEASE - POLICY LIMIT % 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedu e, may he attached if more space is required) 12788623 City of Pearland Attn: Public Works Director - Eric Wilson 3519 Liberty Dr. Pearland TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN ACCORDANCE WRH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE C...D*N— —4-0645, ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATI . All rights reserve The ACORD name and logo are registered marks of ACORD RLI' RLI Insurance Company 2925 Richmond Avenue I Suite 1600 1 Houston, TX 77098 P: 713-961-1300 1 F: 713-961-0285 I www.rlicorp.com RIDER NO. 1 Attaching to and forming part of Seismic Performance Bond, Bond No. RLB0013875, executed June 16, 2011, on behalf of Denbury Onshore, LLC as Principal, in favor of Pearland, Texas as Obligee, executed by RLI Insurance Company as Surety, in the amount of One Hundred Thousand and No/100 Dollars ($100,000.00). It is understood and agreed that effective June 1, 2016, Surety's address is amended to read: RLI Insurance Company 2925 Richmond Avenue, Suite 1600 Houston, TX 77098 All other conditions and terms to remain as originally written or previously amended by rider. Signed, sealed and dated this 13th day of April, 2017. RLI Insurance Company 2925 Richmond Avenue, Suite 1600 Houston, TX 77098 Surety By: ,ri lase, Kilpatrick, rney-in-Fact DIFFERENT WORKS "OFFICIAL SEAL" JACQUELINE M. 9OCKLER COMMISSION EXPIRES 01//4110 TTTTTTTTTTTTTT'T RLI RLI Insurance Company P.O. Box 3967 Peoria, IL 61612-3967 Phone: (309) 692-1000 Fax: (309) 683-1610 RLB0013875 POWER OF ATTORNEY RLI Insurance Company Know All Men by These Presents: That the RLI Insurance Company , a corporation organized and existing under the laws of the State of Illinois and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Jason T. Kilpatrick in the City of Ho'tston , State of Texas , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on their behalf as Surety and as their act and decd, all of the following classes of documents to -wit: $100,000.00 Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or.proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnify in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or docutnent executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company. RIA Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, RL1 Insurance Company has caused these presents to be executed by its Vice President with its corporate seals affixed this 13th day of April , 2017. ATTEST: di Cherie L. Montgomery 1 Sate of Illinois ) } SS County of Peoria ))) On this 1301 day of April ,,,,,nwrnn„ ` i.• ..... • • • L� : coRPORAric ' 9tic SEAL, ssistantSectorary .,••• RLI Insurance Company By: Barton W. Davis 2017 before me, a Notary Public, personally appeared Barton W. Davis Cherie L. Montgomery Vice President and and acknowledged said instrument to be Vice President , who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Assistant Secretary , respectively, of said RI,A Insurance Company the voluntary act and deed of said corporation. . acquclinc M. "tickler Notary Public and RLI' RLt Insurance Company 2925 Richmond Ave, Suite 1600 Houston, TX 77098 Phone: (713) 961-1300 Fax: (713) 961-0285 CONTINUATION CERTIFICATE RLI Insurance Company hereby continues in force Bond No. RLB0013875 , effective June 16, 2011 briefly described as SEISMIC PERFORMANCE BOND bound unto the PEARLAND, TEXAS on behalf of DENBURY ONSHORE, LLC in the sum of $ 100,000.00 Dollars, for the term beginning June 16, 2017 and ending June 16, 2018 , subject to all the covenants and conditions of the original bond, or any riders issued to the bond referenced above. This Continuation Certificate is executed upon the express condition that the Surety's liability shall not be cumulative, and shall be limited at all times by the amount of the penalty stated in the bond, or by any riders issued amending the penalty of the bond. All other conditions and terms to remain as originally written or previously amended by rider. Dated this 18th day of March , 2017 . DENBURY ONSHORE, LLC Principal By: Ta s S, ina44 S, SVS (1ir-fral 6404 (Print Name/Title) RLI Insurance Company 2925 Richmond Ave, Suite 1600 Houston. TX 77098 Surety By: Jason Kilpatrick Attorney in Fact THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE OBLIGEE. MOODH113 RLI' RLI Insurance Company P.O. Box 3967 Peoria, IL 61612-3967 Phone: (309) 692-1000 Fax: (309)683-1610 Know All Men by These Presents: That the POWER OF ATTORNEY RLI Insurance Company RLB0013875 RLI Insurance Company , a corporation organized and existing under the laws of the State of Illinois . and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Robbie Duxbury, Jason T. Kilpatrick in the City of Houston , State of Texas , as Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on their behalf as Surety and as their act and deed, all of the following classes of documents to -wit: $ 100,000.00 Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnifying employers against loss or damage caused by the misconduct of their employees; official, bail and surety and fidelity bonds. Indemnify in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change or extend any bond or document executed for this Company, and to compromise and settle any and all claims or demands made or existing against said Company. RLI Insurance Company furthercertifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company , and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seals affixed this 18th day of March . 2017 . ATTEST: d7O4I Cherie L. Montgomery State of Illinois SS County of Peoria ssistant Secretary CEC SEAL By: RLI Insurance Company Barton W. Davis Vice President On this 18th day of March , 2017 before me, a Notary Public, personally appeared Barton W. Davis : and. Cherie L. Montgomery , who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary , respectively, of said RLI Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. Notary Public ♦ • ♦• • r "OFFICIAL SEAL' NOWT/ arrol JACQUELINE M. BOCKLER N..47, COMMISSION EXPIRES 01114/18 • •• • • • •• • •••• 4 44 4 A00560AG615