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R2018-019 2018-01-22RESOLUTION NO. R2018-19 A Resolution of the City Council of the City of Pearland, Texas, amending a Seismic Testing Permit for Denbury Onshore to include an additional 2.5 square miles of testing area (generally located south of Bailey Road along SH 35 to CR 414). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council previously approved a Seismic Testing Permit in the form of City Council Resolution Number R2017-213. Section 2. That Denbury Onshore has applied for an amended Seismic Testing Permit for the area covered by Exhibit "A" attached hereto. Section 3. That Denbury Onshore has complied with the requirements of the City Seismic Testing Ordinance. Section 4. That the City Council hereby approves an amended Seismic Testing Permit for Denbury Onshore. PASSED, APPROVED and ADOPTED this the 22nd day of January, A.D., 2018. ATTEST: L. idle G L S ' FCNG IT Y SE , TAR' APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY e,,s0 TOM REID MAYOR Resolution No. R2O18-19 Exhibit "A" Canon 3D with Extension orenek DR CR 880 Linn LN Meade CR 107 Terrell DR = Patri Cottonwood Ioane or he a Baile RD Keis RI Wan RI CR 879A illiams RD C Herbe n CR 89B Pre•ean CR 112 CR 11 n CR 110 100 CR C 7 PEARLAND CR 935 Si ver 410OMa C e LN C 17. CR 669 CR 669B 0 Del Bello SPUR 7J W n crp'd°�'/er O GC a 9 CR 4 4A astins ' ielc JSL6 213 CR 76C CR 0 175E kr, r - U CR 175C m i - U cc U EH. 21 D R 143 e"1 Lindhaven DR cR 162 Mckeev RD STREET NAME LINEAR FOOTAGE Industrial DR 2,174.34 Industrial DR N Hastings Field RD Oliver RD Oliver RD Main ST Village DR Dixie Farm RD 2,867.48 946.03 902.02 431.31 10,102.32 295.68 3,142.57 Total 20,861.75 Sheetl Page 1 RESOLUTION 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: YOUNG L REIN `'CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Resource Acquisition Services, LLC. P.O. l3ox 16529 Jackson, MS 39236 Toll Free (601) 952.2828 Mobile (601) 757-3009 October 12, 2017 City of Pearland Attn: Frit Wilson, Public Works Director Attn: Darrin M. Coker, City Attorney 3501 F.. 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, (DR1), 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, sec below information: 1- Name of Applicant: Denbury Onshore, LLC 2- Address of Applicant: 5320 Legacy Drive Plano, TX 75024 3- Types of Sources: Pendolite 2.2 lb' 5 Ib 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: Vihroseis operations will be escorted by Local Police and paid by Denhury. 6- Certificate of Insurance: See attached CO1 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 arc 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@eras-us.com Sheet 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 b.bxxevib • .!'i' fix• ..r.••l�a..n, T . P y.�l x ! f ! • Y bi fy 4. •Y •••x. • .'l.w ....., , ,•.•f71 .Wir .Atai ACORD' CERTIFICATE OF LIABILITY INSURANCE kir---''' : 12, IS DAIS IMRIDDNYYYI 3:18;.1x117 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 CERTW)CATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 0 the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION tS WAIVED, subject to the terms and conditions of the pollcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Beu of such endorsement{s). PRODUCER LOCKTON COMPANIES 5847 SAN FELIPE, SUITE 320 HOUSTON TX 77057 866-260-3538 CONTACT ME FAX No. En; 1, No): E TIAR ADDRESS IN SURERISI AFFORDNG COVERAGE HNC IRSUNFR A: ,'\spin In$Uriincc CK Limitet1 11680 INSURED Denbury Onshore, LLC l 372804 5320 Legacy Dave Plano, TX 75024 INSURER a: l..Ibcrt InsurdnceCOrneration 4240-1 INSURER C 4 1 2011,1 INSURER D' s 5,000,000 INSURER E s X.XXXXXX. INSURER F I C<AI1.1:.MADFT v I °Gall i J CERTIFICATE NUMBER' 12701623 R: XXXXXX IRIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERKII) INDICATED NOTWITHSTANDING ANY REOUIREMENV, TLRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATL MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUNJCC T TO ALL THE TERMS EXCLUSIONS AND t,ONDrrIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. qSR l2R TYPE OF INSURANCE 4,^.OL MO SUMp�C NYD. POLICY NUMBER EfF ! /MAIiDoY I,POLFCY EXP 9B(YYYy� LIMITS A X COMMERCIAL GENERRALL LIABILITY N N 80621ELODR000117 4 Iit 7 4 1 2011,1 EAC. O,FC000RR€NCE s 5,000,000 PRfpt15ESiE. cnr-9,-,„i s X.XXXXXX. . - I C<AI1.1:.MADFT v I °Gall i J MED EXP IAnyrev; pc-sr,I $ X.XXXXXX r- RSONAL A ALN INJuav $ X XXXXXX GENERAL AGGAECA'E f 5,000,000 GENL AGGREGATE LAW APPLIES PE . P@LKvn .p1ECT n LCI: OT,IER PRODUCTS- CGM :Gr" A{„r. S 5.000,000 $ AUTOMOBILE X X X L►ABE.m ANYAUTOO �ftiTpS MN IIq�D AUTO& ONLY x �(. A(iT .., Fd7 �� WYfI' AUTOS ONE}' N N AS2-611-004882-01;A t 12. _ -!,1'2(118 C�yC0LASNEDentlSINGLCLIMT iEa NTy 1,000.000 FOY P JURY 'Par person} $ XXXXXXX BOCALY INJURY (Pyr ..---,1,,d $ XXXXXXX ?R3r'LRTlDAMAI.L Per uct enit S XXxXxxX $ xxxxxxx A_ X UMBRELLA LIAI EXCESS LW [ X 1C'.AIMS,MADE OCCUR N N 131)421E40DR0U0217 4 I '_'il I' 4 I 201i4 ir.h.c,i CCCJFIREl::_E $ 5,000,000 AC+GREC.ATE $ 5,000.00) i XXXXXXX DED' 1 FIE TERIION S B ANO EMPLOYERS' Luea�irNY Y J N ANT r.,..0.4.1,, r,..,‘,...,A N 14Ea T AF CLIME ri RAI WirodirearyInPIAfr;.l.tXD' Or M yam. drau'Ln CIF I'aEKF�T10r+tlF p: ERATh7R5 cess. N,A ?�l wA i h4LI 004842-0RX a 1'241[7 I' 4 1 NI I h PER 01 N. X i STATUTE ER '.1 fK.)'A(;(;iJFRi ,''^ (� $ 1.000.000 1. 1t.L'LL EfENPL EE 11.000,000 = L e315E.5E . Ptt.Ce LIM!> y 1.000.00) DESCRIPTION OF OPENATtD118' LOCATIONS I VEHICLES IACORD 101, Additional Ranwrka Schedule may be attermed 0 mon .pace 1s required) oIR SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED N ACCORDANCE WITH THE POLICY PROVISIONS. 12788623 AUTHORIZED REPRESENTATIVE City of Pearland Altn: Public Works Director - Eric Winson 3519 Liberty Dr. Pearland TM 77581 � — —4-,6,64).„ ACORD 25 (20161'03) r_e^.1988-2015 ACORD CORPORATI .All rights reserve The ACORD name and logo are registered marks of ACORD RLI' RLI Insurance Company 2925 Richmond Avenue 1 Suite 1600 1 Houston, TX 77098 P: 713.961-1300 1 F: 713-961.0285 1 www.rlicorp.com RIDER NO. 1 Attaching to and forming part of Seismic Performance Bond, Bond No. RL80013875, 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: Jas ref. Kilpatrick, rney-in-Fact DIFFERENT WORKS RLI' 1tU Insurance Company P.O. Box 3967 Peoria, IL 61612.3967 Phone: (309) 693.1000 Pu- (309) 583-1610 RLBOO 13875 POWER OF ATTORNEY RLI Insurance Company Know All Men by These Presents: That the HI 1 1 nsuretire Company , a corporation organized and existing under the laws of the State of Illinois nrd authorized and licensed to do business in all statim and the District of Columbia does hereby make, constitute and appoint: Jason T, Kilpatrick in the City of Houston Sane of Teras . as Attorney in Fact, with lull power and authority hereby conferred upon him'hcr b sign, execute, acknowledge and deliver for and on their behalf as Surety and as their act and deed, all addle following erases of documents to•YYIt: $100,000.00 ;ndemniy, Surey and Uudertakinga 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 hi all cases where indemnity may be lawfully given; end with full power and authority to execute consents and waivers to modify or change or exter.d 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 further certifies that the following; is a true and exact copy of a Resolutson adopted by the Board cf Directors of RLI insurance Company and now in force to -wit- -All bonds, policies. undertakings. Powers of Attcmey or other obligations of the corporation ahall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretuy, 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 Secreury, 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, policica, undertakings. Powers of Attorney or other obligations of the corporation. The signature crony suoh officer and the corporate seal may be printed by facsimile, - IN WITNESS WHEREOF, Itis Insurance Company by its Vice President with its corporate seals affixed this 13th day of April2017. µann ryo,,, ticF c _.4., aa4o (G�onorc.R4ir .*:..41,. Cleric L, Mona c ar_r, / Ts istant Secretary By. Berton W. Baru ,,!<tfNo',s• has caused these presents no be executed ATTEST: RLI Insurance Company State of Illinois S5 County of Peoria Vire President On this 13th day of April 2017 before me, a Notary Public, personally appeared ftartnn W. Davi,. and Cherin L, MontvemerY who being by me duly sworn, acknowledged that they signed tl a above Power of Attorney as Vies President and Assistant Secretary respectively, of said RLI InsurBnrcs Comi nv end acknowledged said instrument to be the voluntary act and decd of said corporation. ry Public aarsaaxaazsstaaaa "OFfICIAL SEAL' ]+west 1Ne M. IOCrttee �ir+ax coM .l at ei�aIMAM tTTT TM MIT LUMI TTTTf1. U RLI' RLI Insurance Company 2925 Richmond Ave, Sole 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 SEISMIC PERFORMANCE BOND briefly described as 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: i r Ta S ,S,A 0w Ste•l _ (Print Namer'Title) RLI insurance Company 2925 Richmond Ave, Suite 1600 Houston, TX 77098 By: Jaren-F. ilpatrick Surety THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE OBLIGEE, Attorney in Fact M000H113 RLI' Rt.1 Insurance Company P.Q. Box 3967 Peoria. 1L 61612.1967 Phone: (309) 692.1000 Fax (309) 683-1610 POWER OF ATTORNEY RLI Insurance Company RLB0013875 Know All Iden by These Presents: That the RLI Insurance Company . a corporation organized and existing under the laws of the State of Illinois , and authoriteti 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 1ndentnity, 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; offictal,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 further certi fi es 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 thc corporation shall be executed in the corporate namc 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 in ay authorize. Thc 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. Thc corporate seal is not necessary for thc 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 by its Vice President ATTEST: has caused these presents to be executed with its corporate seals affixed this ISth day of March . 2017 Cherie L. Montgomery State of Illinois County of Peoria SS ` CO a.7 Gor`voaA1;. SEAL. Imo. RLI Insurance Company jCLIN1)XS, °41,1t,11111 ...... Barron W Oasis Vice President On this 113th day of March , 2017 before me, a Notary Public, personally appeared Barton W. Davis Cherie L. Montgomery . who being by me duly sworn, acknowledged that they signed the above Power of Attorney as f t RLI Insurance Company . 1 Vice President and Assistant Secretary ,respectively, ofsaid and acknowledged said instrument to be the voluntary act and deed of said corporation 4 Notary Public "OFFICIAL SEAL' van a IACOUEONE M. SOCKtEIt COMPISStON EXPIRES OM 4. TITTTIFTTLTTTTflTYTYYITILTTITT A00560AG615