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R2011-076 - 2011-08-08A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A SEISMIC TESTING PERMIT. 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's Seismic Testing Ordinance. Section 3. That the City Council hereby approves a Seismic Testing Permit for Denbury Onshore for the are described in Exhibit "A" attached hereto. PASSED, APPROVED and ADOPTED this the 8` day of August, A.D., 2009. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY RESOLUTION NO. R2011 -76 TOM REID MAYOR ide Exhibit "A" Resolution No. R2011-76 N Legend Pearland Roads Pealland Parcels SeismIc Outline Peelland Combined Street Length 113,000 ft or 21.4 mi Combined Acreage 129 AC: SEISMIC PERFORMANCE BOND BOND NO. RLB0013875 KNOW ALL BY THESE PRESENTS, That we, Denbury Onshore, LLC as Principal, and the RLI Insurance Company an Illinois corporation, as Surety, are held and firmly bound unto City of Pearland. Attention: Public Works Director, 3519 Liberty Drive, Pearland, TX 77581 as Obligee, in the sum of One Hundred Thousand and No /100 Dollars ($100,000.00 for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has been or is about to be granted a permit, by the Obligee, to conduct geophysical/seismic operations. This bond shall provide, but not be limited to, the following condition: there shall be recoverable by the City, jointly and severally from the principal and surety, any and all damages, loss or costs suffered by the City in connection with e applicant's geophysical operations within the City. The Principal shall restore, as its own costs, damages to city -owned lands or rights -of -way used in its operations to the original condition (but not betterment), in excess of normal maintenance (normal maintenance cost shall be the sole responsibility of the City) just prior to the testing operations NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall well and truly comply with Ordinance No. 716 -1, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect; in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The term of this bond shall be for a period of two years, from June 16, 2011 to June 16, 2013. 2. Any claim must be presented in wilting to RLI Insurance Company to the attention of Greg E. Chilson, 8 Greenway Plaza, Suite 400, Houston, Texas 77046. 3. Surety shall have no obligation to the Principal, the Obligee or any other person or entity for any loss suffered by the Principal, the Obligee or any other person or entity by reason of acts or omissions which are or could be covered by the Obligee's or the Principal's general liability insurance, products liability insurance, completed operations insurance or any other insurance. 4. No right or action shall accrue under this Bond to or for the use or benefit of anyone other than the named Obligee. 5. It is hereby understood and agreed that this bond may not be canceled by the surety company until sixty (60) days after receipt by the city, by registered mail or written notice, of such intent to cancel or not to renew. IN WITNESS WHEREOF, the above bound parties have executed this instrument under their several seals this 16 day of June, 2011, the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative pursuant to authority of its governing body. Denbury Onshore, LLC Principal lei, By 1��'��s� By SRA,P C.02. Opera ton,s RLI Insurance Company 8 Greenway Plaza, Suite 400 Houston, TX 77046 ri ..Surety �,Cr S tY Robbie Duie4ury, Af .in -Fact ��'f RLI RU Surety A division of RL1 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: ROBBIE DUXBURY in the City of HOUSTON State of TEXAS as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its 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. Indemnity 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. The RLI 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, the RLI Insurance Company has caused these presents to be executed by its PRESIDENT with its corporate seal affixed this State of Illinois SS County of Peoria ATTEST: CORPORATE SECRETARY On this 16 day of June 2011 before me, a Notary Public, personally appeared Michael J. Stone and Jean M. Stephenson, who being by me duly swom, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the said RLI INSURANCE COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation. (Blue shaded areas above indicate authenticity) 44444411 11111111 c G0 EtP OR gr '.'y7 Z cc SEAL C 1 N wo o' ,''''1Nft1111 444444 I 7 111 "OFFICIAL SEAL" NOTARY 5 UB JACQUELINE M. BOCKLER OF ILLI OIS COMMISSION EXPIRES 03/01/14 D. •41• RLB0013875 POWER OF ATTORNEY RLI Insurance Company RLI INSU• CE COMPANY 0 SPA027 (03/11)