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R-2013-065-2013-05-13RESOLUTION NO. R2013-65 A 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 Seismic Testing Ordinance. Section 3. That the City Council hereby approves a Seismic Testing Permit for Denbury Onshore. PASSED, APPROVED and ADOPTED this the 13th day of May, A.D., 2013 . ATTEST: %ARL• TOM REID • �..�•_ MAYOR MARIA E. RODRIGUEZ / DEP TY CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2013-65 Exhibit "A" Resource Acquisition Services, LLC. P.O. Box 16529 Jackson, MS 39236 1011 Free (877) 884.8134 Mobile ((01) 757-3009 April 12.2013 City of Pearland Attn: Danny Cameron, Public Works Director 3501 E. Orange St. Pearland, TX 77581 Subject: Hastings 4-D and VSP Seismic Permit Request Dear Mr. Cameron, 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 Dr. Plano, TX 75024 3- Types of Sources: Pendolite 2.2 lb,' 5 lb charges and Vibroseis 4- Map of Testing Area: See attached map and worksheet of City ofPearland parcels of property/streets 5- Traffic Control Plan: Vibroseis operations will be escorted by Local Police and paid by the Denbury. 6- Certificate of Insurance: See attached CO1 7- Bond Continuation Certificate: See attached Bond and Certificate (Pearland is holding original bond 2011) We are requesting to vibe and deploy seismic monitoring equipment (geophones) with the city right-of-ways. Denbury and Department of Energy is requesting to conduct a 4-D and VSP seismic survey in thc early summer of 2013 within the same footprint. All questions regarding this Letter of Request or Seismic Permit Application should be directed to Gary W. Stewart. permit operations manager for Denbury Onshore. LLC. With regards, Gary Stewart. Permit Mgr. for Denhury Onshore, LLC Cell 601-757-3009 A� D CERTIFICATE OF LIABILITY INSURANCE GATE (MMIDO,TYYY) s,2013 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 POLICIES 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(ios) must 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 Neu of such endorsement(s), PRODUCER Marsh USA Inc 1000 Main Street. Suite 3000 Houston, TX 77002 014357. -Cas -13/14 INSURED Dentxi y O stxsre LLC 5320 Legacy Dow Plana IX 75024 CONTACT NAME: PHONE FAX (AIC,, No, Ext). (AIC, Noy; EMAIL ADDRESS: INSURER A : INSURER 0 : INSURER C : INSURER D .................... . INSURER E INSURER F INSURENSI AFFORDING COVERAGE NAIC a ;ton Amerman Insurance Co lrii35 itaranlee & Lrahihty ii Gc, 26247 :1 COVERAGES CERTIFICATE NUMBER: HOII-0111H1193O.(A1 REVISION NUMBER. 7 THIS IS TO CERTIFY THAT HE 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 iP LTR TYPE OF INSURAICE R AINSP DDL SWVD POUCY NUMBER (MWDO/YCY YYY1 IFF MFONUDDfYGY TYYtLIMITS A GENERALLIABIUTY GL09242578-01 0110 1 1271 3 X COMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE X} OCCUR GENT. AGGREGATE LIMIT APPLIES PER POLICY L { X p LOC JEAT A AUTOMOBILE LIABILITY X? ANY AUTO ( ALL OWNED AUTOS HIRED AUTOS A X UMBRELLA UAB EXCESS UAB X SCHEDULED AUTOS NON-OYAJED AUTOS OCCUR CLAIMS -MADE) OED RETENTIONS WORKERS COMPENSATION AND EMPLOYERS LIABILITY Yr r PRO Ir TOR/PARTNER!EXECUTIVE. II NIA Or OFTICERIMEMBLR EXCLUDEDi L� (Mandatory In NH) If res.rtevstbe under DESCRIPTION OF OPERATIONSbplow BAP9242576-01 AUC 9242673-01 1WC9242579-01 17x170172014 040172013 ;044)172014 0470112013 !0172014 EACH OCCURRENCE. ,...WMAGE TO RENTED _.._ RE MISES(EaOPulT___PJ1Ce) MED EXP (Any one person) S ( PERSONALE ADV INJURY 3 I GENERAL AGGREGATE 2 PRODUCTS - COMP/OP AGG a COMBINED SINGLE LIMIT (Ea accident) 00011Y INJURY (Per person E10OLLY INJURY (Per wader*? 0i10,0(lii 5W000 1,000,000 2,000,000 2,000,000 2,000,000 PROPERTY DAMAGE AF!et_gc0dentl EACH OCCURRENCE AGGREGATE /0172013 '0470172014 X 1 WC STATU- I �0TH- Qt1YLId(TS ( ER_ 1WE..L EACH ACCIDENT FE,L DISEASE - EA EMPLOYEE EL DISEASE - POLICY LIMT DESCRIPTION OF OPERATIONS 7 LOCATIONS r VEHICLES (Attach ACORO 101, Additional Remarks Schedule, if more spac CERTIFICATE HOLDER idly of i-'7arUnd Allen Pubic. Works Director - barmy Cameron 3519 Litterty CN Pearard TX 77501 CANCELLATION ulred) 3 S S $ S 5, ,000 1,000000 1,000,0170 1.COO ,0011 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 07 Maras USA Irtc. Andrew F Steptowe © 1988-2010 ACORO CORPORATION. All rights reserved. ACORO 26 (2010106) The ACORD name and logo are registered marko of ACORD RLI' RLI Insurance Company 8 Greenway Plaza. Ste 400 Houston, TX 77046 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, 2013 and ending June 16, 2014 , 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 ,2013 DENBURY ONSHORE, LLC incipal By: "ab By: L. C rneltos - SR VP COzOperotbn3' (Print Name/Title) RLI Insurance Company 8 Greenway Plaza, Ste 400 Houston. TX 77046 Surety 'T�►' ,7� T ilpatrick ,�"` Attorney in Fact THIS "'Continuation Certificate" MUST BE FILED WITH THE ABOVE OBLIGEE. N100DH 113 RES RLI Insurance Cah.raity P.O. Box 3967 Peoria, 11. 61612.3967 Phone: (309) 692-1000 Fax: (309) 683-16 it) POWEI. OF ATTORNEY RLI Insurance Company RLB0013875 Know .411 Men by These Presents: That the RLI insurance Conlp_anV , a corporation organized and existing under the laws of the State of — Illinois . and audio' fired and licensed to du 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 himiher 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 bc desired by contract, or may be given in any action or proceeding in any court of law or equity; policies indemnitYing employers against loss or damage caused by the misconduct of their employees; official, bai I 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 compromiscand settle any and all claims or demands made or existing against said Company. RLI Insurance Company furtherceni lies 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 oi 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 thc Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings. Powers or Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile," IN WITNESS WI IEREOF, by its Vice President ATTEST: OlialCa - Cynthia S. Ltim State of Illinois County of Peoria }SS RLI Insurance Company: has caused these presents w he executed with its corporate seals affixed this 18th dav of March 2013 Assistant Secretary RLI Insurance Company Vice Ptesident On this 18th day of March . 2013 before me. a Notary Public, personally appeared ROI/ C. Die and Cynthia S. Dohin , 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 Ipsuronce Company , and acknowledged said instrument to be the voluntary act and deed of said corporation. Jetweline M Boc -;,,,uLAxixxx.uaa—A.aariatir.a.rximx.kraal- 'OrFICIAL SEAL" Notary Public JACQUELINE M eocr.LcR COMMISSION EXVIRES W14 rrrervvrmirvvvymvverrnrvvyrr_ A00560AG113 RLI RLI Saroty A dnsktn cl ntr tnsurarca Company Know All Meir by These Presents: RLB0013875 POWER OF ATTORNEY RLI Insurance Company 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 appuinL ROBBIE DUMBLY 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 he 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, hall and surety and fidelity bonds. Indemnity In alt cases where indemnity may be lawfully given; and with full power and authority to execute consents and waivers to modify or change cr extend any bond or document executed for this Company, and to compromise and settle any and ail claims or demands made or existing against said Company. The RLI INSURANCE COMPANY further certifies that the following is a true and exact cr.py of a Resolution adopted by the Board of Directors of RLI insurance Company, and now in force to -wit: 'A11 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 seat 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 lacsimile." (Blue shaded areas above indicate authenttcnty) IN WITNESS WHEREOF. the RLI Insurance Company has caused these presents to be executed by its PliESWWENT with its corporate seal affixed this County of rcaria Arresr CORYURA1E SECRETARY SS `t��1111011itJJ/J NCE C • OgPOrl,tr,���i SEAL SEA•1e on this 16 day of June 2011 before me, a Notary Public, personally appeared Alichatl L Stnne anJ lean M. Stephenson, who being in/ me duly sworn, acknowledged that they signed the above Power of Attorney as President and Corporate Secretary, respectively, of the sal c RLI l Stf((ANCE COitIPANY, and ackncwiedk.0 said instrument to he the voluntary act and deed of said corporation. eke "OFFICIAL SEAL" h.+aue JACQIJELINE. M. BOCKiER Mor "' C:)uM4SSION EXPIRES 01/01114 1 n SPA)27 ioneti) SEISMIC PERFORMANCE BOND BOND NO. RLB0013875 KNOW ALL BY T HESE PRESENTS, That we, Denbury Onshore, LLC as Principal, and the RLI instance CQmpjpv , an Illinois corporation, as Surety, are held and firmly bound unto City of Peariand. 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/setsmic 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 user) 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 it 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 Juno 10, 2013_ 2 Any claim must be presented in writing 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 ether person or entity ty reason of acts or omissiors which are or could be covered by the Obligee's or the Principes general liability insurance, products liabiiity 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. 11 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°i 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 pu.rsuart to authority of its governing body. Denbury Onshore. LLC 13y L* iilisar:- T� SR.V P - COL Open RLI Insurance Company 8 Greenway Plaza, Suite 400 Houston, TX 77046 c-� 13y Principal Surely • Robbie Duitt)ury, AttOrrtel.in-Fact Pearland, TX Schedule of Roads (vibe and geophones) Street Name S Main St Dixie Farm Rd Avitts Rd Hwy 35 CR -413 CR -414 Denbury Oilfield Rd? Industrial Dr Canyon Lake Dr Austin? Lake Ct Somerville Lake Ct English Lake Dr 'Village Dr Villages Of Towne Lk Mckeever Rd (Herbert Dr Williams St Warren Rd Total Linear f=eet 13578.11387 3719.037934 630.6669052 1318.731137 840.4660642 2856.555316 999.6983147 4562.349839 388.6878237 659.8452575 592.0526586 1933.853092 1415.938065 2638.348406 1552.032197 1457.18438 979.9211302 1202.659188 41326.14158 Linear Miles 2.571612476 0.704363245 0.11944449 0.249759685 0.159179179 0.541014264 0.189336802 0.864081409 0.073615118 0.124970693 0.112131185 0.366260055 0.268170088 0.499687198 0.293945492 0.27598189 0.185591123 0.227776361 7.826920754