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R-2014-026 2014-02-10RESOLUTION NO. R2014-26 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 10th day of March, A.D., 2014. ATTEST: JG LIy G, T�CJ SEC TARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Resolution No. R2014-026 Exhibit "A" Resource Acquisition Services, LLC P.O. Box 16529 Jackson, MS 39236 Toll Free (877) 884.8134 Mobile (601) 757-3009 February 18, 2014 City of Pearland Attn: Eric Wilson, Public Works Director 3501 E. Orange St. Pearland, TX 77581 Subject: 2014 Hastings 4D. VSP Seismic Permit Request Dear Mr. Wilson, 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-I0I, see below information: 1- Name of Applicant: Denbury Onshore, L LC 2- Address of Applicant: 5320 Legacy Drive Plano, TX 75024 3- Types of Sources: Pendolite 2.2 Ib/ 5 Ib charges and Vibroseis 4- Map of Testing Area: See attached map and worksheet of City of Pearland parcels of propertystreets. 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 being requested this year are the exact same seismic foot -print that was successfully conducted in the summer of 2013. Subject to City Council approval, Denbury will be conducting seismic operations in the 2nd Quarter and 4th Quarter of 2014 with the same seismic foot -print. 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 CERTIFICATE HOLDER CANCELLATION I City of Pearland Attn Public Works Director. Danny Cameron 3519 Liberty Dr Peartand TX 77581 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 of Marsh USA Inc. Andrew F Steptowe ..—i� C 4 41tir CONTACT NAME A o® CERTIFICATE OF LIABILITY INSURANCE DATE(MILVDDIYYYY) 64,1522,Q 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 pollcy(les) 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 Ileu of such endorsement(s). PRODUCER Marsh USA Inc 1000 Main Street, Suite 3000 Houston TX 77002 014302 -ias-13/14 CONTACT NAME PHONE FAX j,JQ, EM) (A1C, NoL E-MAIL ADDRESS, INSURERS) AFFORDING COVERAGE I NAIC X INSURER A : Zurich Amencan Insurance Co 116535 INSURED Denbury Onshore LLC 5320 Legacy Drive Plano TX 75024 INSURER is: American Guarantee & Liability Ins Co i 26247 INSURER C r INSURER 0 : INSURER E : I INSURER F : i COVERAGES CERTIFICATE NUMBER: HOU•001811930-06 REVISION NUMBER:7 THIS 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LIR TYPE OF INSURANCE AIDO ISUBA INSR tL WVD POLICY NUMBER POLICY EFF IMhWOIYWYt POUCY EXP (MMIOD/W W1 UNITS A GENERAL X LIABIUTY COMMERCIAL GENERAL _ABILITY 61.04242578.01 04/01/2013 04/01/2014 EACH OCCURRENCE S 1,000,000 DANtAGE7CFREFITED PREMISES (Ea °camente) $ 500 /100 CLAIMS -MADE X OCCUR , MED EXP (My one person) 5 GEN. X AGGREGATE LIMIT APPLIES PER G POLICY f I jE a 7 LOC PERSONAL ADV INJURY 1 S 1,000000 GENERAL AGGREGATE S 2,000 Cr00 PRODUCTS . COMP/OP AGG S 200 000 $ A AUTOMOBSLELIABILITY X ANY AUTO A�OOYSNJED AX I HIREOAUTOS x SS�ODULED AAIJAWNED 8AP9242576-0I 04/01/2013 04101/1014 COMBIccioeNEDDSINGLEUMT 1Ea ani)X $ 2.000000 BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) 5 �PRERTY DAMAGE 5 S 8 X ~J UMBREU_AUAB EXCESSUAB ~— OCCUR CLAIMS -MADE AUC9242673-01 04/01/2013 04/01/2014 EACH OCCURRENCE f 5,000,000 AGGREGATE S 5,000,000 T OED 1 1 RETENT ONS S A WORKERS COMPENSATION LI AND EMPLOYERS' ABIUTY ANY PROPRIETORJPARTNER/EXECUTrVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yea. deunbe under DESCRIPTION OF OPERATIONS below © N 1 A WC9242579.01 04/01/2013 04/01/2014 X I_ C S AMTIUUs i I OTH I ._Lr E t. EACH ACGOErr1 S 1 �' E t. DISEASE EA EMPLOYE 5 1,000,000 E L DISEASE - POLICY LIMIT 1 S 1,000,000 DESCRIPTION OF OPERATIONS r LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Reworks Schsduls, If mors space Is rsqulrr d) ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD z-• • RU insurance Company 8 Greenway Plaza, Ste 400 Houston, 1X 77046 Phone: (713) 961-1300 Fax: (713) 861-0285 CONTINUATION CERTIFICATE RU 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 shat' 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 lath day of Marco ,2013 DENBURY ONSHORE. LLC {Pob1- L. CorntLtus - 5R VP -COL °pero 'tD (Print NamelTitle) RU Insurance Company 8 Greenway Plaza, Ste 400 Houston. TX 77046 THIS "Continuation Certificate" MUST BE FILED WITH THE ABOVE OBLIGEE. M00DH113 RLI Insurance Collriny P.O. Box 3967 Pieria. 1L 61612-3967 Phone: (309)692.1000 Fu. (309)683-1610 POWEI4rOF ATTORNEY RLI Insurance Company RLB0013875 Know All Men by These Presents: That the RLI Insurance Conapapy , 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 u Surety and as their act and deed, all of the following classes of documents to -wit_ S 100,000.00 Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any coon of law or equity, policies indannifying employers against Toss 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 nettle 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 ofa 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 offices 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 validityof 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 R .11 Insurance Coanpanv has caused these presents to be executed by its Vice President with its corporate seals affixed this 18th day of March , $013 • 40,„1;rIuCFp4,% A7iEST: J PMS F•V RLI Insurance Company lb4:;::S 4ii, 'a 1 : S EAL : i By: Stateoflllinois ' } SS County of Peoria JJJ Assistant Secretary On this 18th day of March , 2013 before me, a Notary Public, personally appeared Roy C. Die and Cynthia S. Dam 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 tut and deed of said corporation. =line M. . - Notary Public AOOS6OA0113 rar RLI Surety A cfiisldf at all tnwranta ComFany RLB0013875 POWER OF ATTORNEY RL1 Insurance Company Know All Men by These Presents: That the RLI INSURANCE COMPAvNY. a corporation organized and existing under the laws of the State of Illinois, and authorized and licensed to da business in all states and the D strict of Columbia does hereby make, constitute and appoint: ROBBiE DUXBURY in the City of HOUSTON , State of TEXAS , as Attomeyin•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, Surely 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, bail and surety and fidelity bonds. Indemnity in all cases where indemnity may he 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 `urther certifies that the following is a true and exact copy of a Resolution adopted by the Rnard of Directors of RLI Insurance Ccmpany, 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 shalt 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." a Blue shadeu areas alcove indica.e authenticieyl IN WITNESS WHEREOF, the RLI insurance Company has caused these presen�s to be executed by its PRESIDENT with its corporate seal affixed this Sure 0(intnois ATTEST CORPORATE SECRETARY ! 55 County of Peoria 1 \``'`„ 111 H' l, lJ trrtJJ't• i G,• ot'aP 0 F1,q p'S).� -, f C:' SEAL 1,4 R1.1 LSSU • CE C3D1PANY SEMI on this 16 day of June 2011 before me a Notary Public, persi.naLy appeared Michael J. stone and Jean M. $tewho Bing byNCE me duly sworn, acknowledged that they signed the ahove Power of Attorney as President and Corporate Secretary. respectively, of the sand COMPANY, and acknowledged said instrument to be the voluntary act and deed of said corporation. • •• ••• • para, a=4A ul, • u s if I, Ila LTi2J 66 "OFFICIAL SEAL" rvau JACCJUEtINE M. ROCKIER rimer "J"'" CC}J.W'JSSION EXPIRES 03/01/14 SPA021 tO3J'I i; I I L\ 2 - BOND NO. RL60013875 SEISMIC PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, Dentzury Onshore, ILC as Principal, and the RLI Insurance Company , an Illinois corporation. as Surety, are held and firmly bound unto City of Peartand. Mention Public Warks Director, 3519 LibQrty Drive, Pearland, TX 775$1 , 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 b;nd ourselves. our heirs. executors. administrators. successors and assigns. jointly and severally, firmly by these presents WHEREAS. the Principal has been or Is aboul to be granted a permit, by the Obligee to conduct geophysical/seismic operations. This bond shall provide, but not ba iimitad to, the following condition: there shall be recoverable by the City, jointly and severally from the principal and surety any and al: damages, loss or costs suffered by the City in connection with e applicant's geophysical operations within the Cly, The Principal shall restore, as its own costs, damages to city -owned lands or rights-of-way used in Its operations to the orig nal condition (but not betterment), in excess or 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 d 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 i ability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. The term of this bond shalt be for a period of two years. from June 16.2011 to June 16, 2013. 2. Any claim must be presented in wrting to RL' Insurance Company to the attention of Greg E. Chilson, 8 Greenway Plaza, Suite 400 Houston Texas 77048. 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 cove led by the Obligee's or the Principal's general iiab lily 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 1fi" 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 gave ming body. Denbury Onshore, LLC Principal SR.v P - C-02. 0 per at'r oru RLI Insurance Company 8 Greenway Plaza, Suite 400 Houston TX 77046 By • Surety • Si.1.6 Robbie Duxt)ury, Attdri14•fn-Fact Hastings 4D Pearland Pre Plot r x Ca R and $ttea Nd .anklet Rd County RAJAS RIS Legend • PearlandPrePb1 Ll ;Area Peadand Cannan Rd KY a Rd W9i••ew• • • • • • • • • 1 • • •16re•rmaa • • Atctrever Rd Conte U1 D O Qi FneerSI 01 111 • •% •• •• • • 1 • • • s • ••• • • ~• • • • • o-• • F • • • • • • • • • • • • OM • • lie ;A 126 • • • • ss in • • •ra • • • a • • • • • • • • • • • • ■ ■•1', • • • • ••• • • • • • •e • • • • CR-r11taialigteri • o e am • • • O • • • ••••• O • a• • • CR 12S Sources Eon DeLerme NAVT£O SGS t *map, .PC NRC AN EenJ Hastings4D Raaann AG•elebn &Mate, 1110 PO Sea 16320 Jecbal W 39206 677 6e411 N Cmrbnafe SYetm WG5 1404 Web Mammal AbeWry Spnan Prop:Gem Nacator Aur4 ry 5ptere Drum WGS 7984 Pearland, TX Schedule of Roads (vibe and geophones) Street Name Linear Feet Linear Miles S Main St 13578.11387 2.571612476 Dixie Farm Rd 3719.037934 0.704363245 Avitts Rd 630.6669052 0.11944449 Hwy 35 1318.731137 0.249759685 CR -413 840.4660642 0.159179179 CR -414 2856.555316 0.541014264 Denbury Oilfield Rd? 999.6983147 0.189336802 Industrial Dr 4562.349839 0.864081409 Canyon Lake Dr 388.6878237 0.073615118 Austin Lake Ct 659.8452575 0.124970693 Somerville Lake Ct 592.0526586 0.112131185 English Lake Dr 1933.853092 0.366260055 Village Dr 1415.938065 0.268170088 Villages Of Towne Lk 2638.348406 0.499687198 Mckeever Rd 1552.032197 0.293945492 Herbert Dr 1457.18438 0.27598189 Williams St 979.9211302 0.185591123 Warren Rd 1202.659188 0.227776361 Total 41326.14158 7.826920754 Hastings 4D and VSP PsartendSP.!, HASTINGS 4D and VSP ti:l0arm A[464001 &v$ t.LC IMO Jacaaoe,111 NM 177.184 1111 Coordinate &viten INGS 1184 Web Uercator lwdlary Sphere !holed on. Mer®tm M1udlery Spars Datum VYGS 1144 Hastings 4D andyyVSP b•raa Dr 3 asmw,.ae +ta RA ea+.r i1a cleat Coosa atria a 0 6211 ., City of Pearland Area 1203n F e ca 1+--.�.- 5Th Mw^� 9 4 /.—rag R40 ti CR G=S CaamN Road � 6 Sources_ Eit Gellman tiAVrEO USG S'daimon WG. NfjCAN, EaA Ja4 HASTINGS 4D and VSP PC 10Y020 AL44014/01PC :01. lLC P 0 !+n 16520 Jarlor, U6 MOOS 6T7.6u.61 L Coachman Sytem NGS Ma Web Macaw Auntary Space Naecton Uawaor Auntory Sawn Debar M 51944 Seismic Notice to Pearland/Brazoria County, TX Residents or Business Owners in the vicinity of a 4 mile path of Highway 35 S, from just South of Pearland High School to the Intersection of Hwy 35 and Moore Rd in Brazoria County, TX. Denbury Onshore, LLC is providing this Seismic Notice to area citizens as compliance with the Pearland City Ordinance 716-1 that governs directives in conducting a geophysical survey in the Pearland, Texas City Limits along with Brazoria County Seismic requirements. The survey is scheduled to begin approximately in March 2014 and to conclude approximately in April 2014, this will be followed by a repeat seismic survey in the 4th Quarter of 2014. The survey is being conducted to map the subsurface of the permitted Pearland and Brazoria County area. Vibe trucks and monitoring devices will be used to obtain the seismic data. All work, equipment, and monitoring devices will be limited to city road right-of-ways, utility easements, and/or permitted property. For more information on Denbury's seismic operations, please call (877) 884-8134 to speak with a Denbury seismic agent. Denbury6 CLASSIFIED AD PROOF / RECEIPT EL HOUSTON COMMUNITY NEWSPAPERS Advertiser. ACCOUNTS PAYABLE Account #: 289141 RAS, LLC Phone: (601) 919-9905 PO BOX 16529 JACKSON, MS 39236 Purchase Order# Order #: 316763 Total Ad Cost $1,564.00 Tagiine: Seismic Notice to Pe Payments: Color. CC MC 0690 Position: 51,564.00 Proof: Balance Due: $0.00 Account Executive Susan Curr (281) 378-1025 scurr@hcnonline.com Publications: 1BA-Bay Area Citizen, 10P -Deer Park Broadcaster, IFJ-Friendswood Journal, 1PC-Pasadena Citizen, 1PJ-Peartand Joumal,IXCL-hcn. classifieds Start Date Stop Date No. of Insertions Version Class Color Ad Size Total Size Price 02/20/14 03/1 /14 24 12345-1 2065 Process 3 x 4.0 P.O. Box 609 Conroe, TX 77305 • YourHoustonNews.com • 436.521.3300 12.0 02/18/14 10:29 AM 51,564.00 Crq Seismic Notice to Pearland/Brazoria County, TX Residents or Business Owners in the vicinity of a 4 mile path of Highway 35 S, from just South of Pearland High School to the intersection of Hwy 35 and Moore Rd in Brazoria County, TX. Denbury Onshore, LLC is providing this Seismic Notice to area citizens as compliance with the Pearland City Ordinance 716-1 that governs directives in conducting a geophysical survey in the Pearland, Texas City Limits along with Brazoria County Seismic requirements. The survey is scheduled to begin approximately in March 2014 and to conclude approximately in April 2014, this will be followed by a repeat seismic survey in the 4th Quarter of 2014. The survey is being conducted to map the subsurface of the permitted Pearland and Brazoria County area. Vibe trucks and monitoring devices will be used to obtain the seismic data. All work, equipment, and monitoring devices will be limited to city road right-of-ways, utility easements, and/or permitted property. For more information on Denbury's seismic operations, please call (877) 884-8134 to speak with a Denbury seismic agent. PF 02/20,02/27, 03/06, 03/13, 03/20, 03/27