HomeMy WebLinkAboutContract 29677 03-12-04P12 :04 RCVD
ROAD REPAIR AGREEMENT CITY SECRETARY
BETWEEN CONTRACT NQ, ��77
THE CITY OF FORT WORTH
AND
DEVON ENERGY OPERATING COMPANY, L. P.
This Road Repair Agreement, (Agreement), is made and entered into on this the 16`h day of
February, 2004, by and between the City of Fort Worth, Texas ("City"), a home rule municipal
corporation of the State of Texas, located within Tarrant and Denton Counties, Texas (Hereinafter
referred to as the "City") and Devon Energy Operating Company, L. P. ("Operator") for the repair
of certain streets and/or roadways within the City of Fort Worth, Texas as more fully described
herein.
WHEREAS, Operator is in the business of drilling gas wells and, in connection therewith,
shall be engaged in drilling and production activities on property generally known as the Baptist
Foundation Lease, which abuts, is adjacent to, and/or is accessed by roadways within the City of
Fort Worth and
WHEREAS, use of the roadways by the Operator for the purpose of performing the
activities described hereinabove may cause damage to the roadways; and
WHEREAS, the City and Operator, for the mutual consideration hereinafter stated, desire to
enter into an Agreement for Operator to repair said Roadways for the duration of the term of this
Agreement in consideration of Operator's use of said Roadways for the purpose of the activities
described hereinabove;
IT IS NOW THEREFORE AGREED THAT:
ARTICLE 1.
REPAIR OBLIGATION
1. Operator shall repair Roadways which abut, are adjacent to, or is accessed by the
Operator for the drilling and production of a gas well or well on the Baptist Foundation Lease
during the term of this Agreement and shall, prior to the termination of this Agreement, as provided
herein, restore and repair all Roadways to the condition in which the Roadways existed prior to the
execution of this Agreement. For purposes of this Agreement, "repair" shall mean that all the
roadways will be repaired in accordance to the latest edition of "Standard Specifications for Street
and Storm Drain Construction, City of Fort Worth, Texas Transportation and Public Works
Department." Prior to any activity by the Operator related in any way to Operator's drilling and
operation of its gas wells, Operator shall make a representative videotape or take representative
pictures of the roadway and shall provide a copy of the videotape and/or pictures to the Gas
Inspector and the Director of Transportation and Public Works Department for the City.
2. In connection with its obligation to repair said Roadways, Operator shall use
materials of the same or better quality than those utilized to surface and/or
roadways prior to execution of this Agreement and in accordance with the standards s e� tw '11)
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of the City as described in paragraph one of this Article. Deviation from the materials described
herein shall not be permitted without the prior written consent of the Director of Transportation and
Public Works. Repairs shall be completed in accordance with standard engineering practices
acceptable to the City.
3. Operator shall repair the damage to the roadways at its sole cost and expense.
4. During the term of this Agreement, Operator shall periodically inspect the roadways
during drilling, fracture stimulation or reworking of the gas well to determine whether or not any
damage has occurred as a result of Operator's activities. Immediately upon discovering the
existence of any such damage to the roadways, Operator shall undertake to repair and/or remedy
same. Upon discovery of damage by the Operator, the Operator will have 48 hours to contact the
Director of Transportation and Public Works to work out a schedule of repairs. Repairs shall take
place within 30 days or immediately if the damage affects the immediate health and safety of
individuals.
ARTICLE 2.
TERM OF AGREEMENT
This Agreement shall commence upon the date indicated above and shall continue in full
force and effect until Operator has completed and/or permanently discontinued the activities upon
the Roadways, as described hereinabove.
ARTICLE 3.
INSURANCE AND INDEMNITY
The Operator shall provide or cause to be provided the insurance described below for each
well unless a Gas Well Permit has been issued wherein such insurance has been provided for the
issuance of the Gas Well Permit under the terms and conditions described in the Fort Worth "Gas
Drilling and Production" Ordinance and such insurance to continue until the well is abandoned and
the site restored.
In addition to the bond or letter of credit required pursuant to this Agreement and the Fort
Worth "Gas Drilling and Production" Ordinance, the Operator shall carry a policy or policies of
insurance issued by an insurance company or companies authorized to do business in Texas. In the
event such insurance policy or policies are cancelled, the Gas Well Permit shall be suspended on
such date of cancellation and the Operator's right to operate under such Gas Well Permit shall
immediately cease until the Operator files additional insurance as provided herein.
1) General Requirements applicable to all policies.
a. The City, its officials, employees, agents and officers shall be endorsed as an
"Additional Insured" to all policies except Employers Liability coverage under the
Operator's Workers Compensation policy.
b. All policies shall be written on an occurrence basis except for Environmental
Pollution Liability (Seepage and Pollution coverage) and Excess or Umbrella
Liability, which may be on a claims-made basis.
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C. All policies shall be written by an insurer with an A-: VIII or better rating by the
most current version of the A. A Best Key Rating Guide or with such other
financially sound insurance carriers acceptable to the City.
d. Deductibles shall be listed on the Certificate of Insurance and shall be on a "per
occurrence"basis unless otherwise stipulated herein.
e. Certificates of Insurance shall be delivered to the City of Fort Worth, Development
Department, 1000 Throckmorton Street, Fort Worth, Texas 76102, evidencing all the
required coverages, including endorsements, prior to the issuance of a Gas Well
Permit.
f. All policies shall be endorsed with a waiver of subrogation providing rights of
recovery in favor of the City.
g. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement specified herein.
h. Each policy shall be endorsed to provide the City a minimum thirty-day notice of
cancellation, non-renewal, and/or material change in policy terms or coverage. A ten
days notice shall be acceptable in the event of non-payment of premium.
i. During the term of the Gas Well Permit, the Operator shall report, in a timely
manner, to the Gas Inspector any known loss occurrence which could give rise to a
liability claim or lawsuit or which could result in a property loss.
j. Upon request, certified copies of all insurance policies shall be furnished to the City.
2) Standard Commercial General Liability Policy
This coverage must include premises, operations, blowout or explosion, products, completed
operations, sudden and accidental pollution, blanket contractual liability, underground
resources damage, broad form property damage, independent contractors protective liability
and personal injury. This coverage shall be a minimum Combined Single Limit of
$1,000,000 per occurrence for Bodily Injury and Property Damage.
3) Excess or Umbrella Liability
$5,000,000 Excess, if the Operator has a stand-alone Environmental Pollution Liability
(EPL)policy.
$10,000,000 Excess, if the Operator does not have a stand-alone EPL policy.
Coverage must include an endorsement for sudden or accidental pollution. If
Seepage and Pollution coverage is written on a "claims made" basis, the
Operator must maintain continuous coverage and purchase Extended
Coverage Period Insurance when necessary.
4) Workers Compensation and Employers Liability Insurance
a. Workers Compensation benefits shall be Texas Statutory Limits. Mill
3
b. Employers Liability shall be a.minimum of$500,000 per accident.
C. Such coverage shall include a waiver of subrogation in favor of the City and provide
coverage in accordance with applicable State and Federal laws.
5) Automobile Liability Insurance
a. Combined Single Limit of$1,000,000 per occurrence for Bodily Injury and Property
Damage.
b. Coverage must include all owned, hired and not-owned automobiles.
6) Certificates of Insurance
a. The company must be admitted or approved to do business in the State of Texas,
unless the coverage is written by a Surplus Lines insurer.
b. The insurance set forth by the insurance company must be underwritten on forms
that have been approved by the Texas State Board of Insurance or ISO, or an
equivalent policy form acceptable to the City.
C. Sets forth all endorsements and insurance coverage according to requirements and
instructions contained herein.
d. Shall specifically set forth the notice of cancellation, termination, or change in
coverage provisions to the City. All policies shall be endorsed to read "THIS
POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30
DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY
EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT
OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS
REQUIRED".
e. Original endorsements affecting coverage required by this section shall be furnished
with the certificates of insurance.
7) The cancellation of any insurance for the sole purpose of the repair of roadways will not
release the obligation of the Operator to meet all requirements of insurance and bonding
under the Fort Worth "Gas Drilling and Production" Ordinance.
8) Operator shall and hereby does indemnify, defend and save harmless the City, its officers,
agents and employees from all suits, actions or claims of any character, name and
description brought for or on account of any injuries or damages received as sustained by
any person, persons or property on account of the operations of the Operator, its agents,
employees, contractors or subcontractors; or on account of any negligent act of fault of the
Operator, its agents, employees, contractors or subcontractors in connection with the
obligations under this Road Repair Agreement; and shall pay any judgment, with costs,
which may be obtained against the City growing out of such injury or damage.
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ARTICLE 4.
PERFORMANCE BONDS
1. Operator shall provide a performance bond, unless a performance bond has been
provided for the issuance of a Gas Well Permit under the terms and conditions described in Fort
Worth "Gas Drilling and Production" Ordinance, in an amount not less than the amount necessary
to repair the roadways, as determined by the City Engineer.
2. Prior to the beginning of any activity pursuant to the issuance of a Gas Well Permit,
unless a performance bond has been provided for the issuance of a Gas Well Permit under the terms
and conditions described in Fort Worth "Gas Drilling and Production" Ordinance, the Operator
shall provide the Gas Inspector with a security instrument in the form of a bond or an irrevocable
letter of credit as follows:
a. Bond. A bond shall be executed by a reliable bonding or insurance institution
authorized to do business in Texas, acceptable to the City. The bond shall become effective
on or before the date the Gas Well Permit is issued and shall remain in force and effect for at
least a period of six (6) months after the expiration of the Gas Well Permit term or until the
well is plugged and abandoned and the site is restored, whichever occurs first. The Operator
shall be listed as principal and the instrument shall run to the City, as obligee, and shall be
conditioned that the Operator will comply with the terms and regulations of this Ordinance
and the City. The original bond shall be submitted to the Director of Transportation and
Public Works with a copy of the same provided to the City Secretary and the Gas Inspector.
b. Letter of Credit. A letter of credit shall be issued by a reliable bank authorized to do
business in Texas and shall become effective on or before the date the Gas Well Permit is
issued. The letter of credit shall remain in force and effect for at least a period of six (6)
months after the expiration of the Gas Well Permit term. The City shall be authorized to
draw upon such letter of credit to recover any fines or penalties assessed under this
ordinance. Evidence of the execution of a letter of credit shall be submitted to the Director
of Transportation and Public Works submitting an original signed letter of credit from the
banking institution, with a copy of the same provided to the City Secretary and the Gas
Inspector.
C. Whenever the Gas Inspector or the Director of Transportation and Public Works
Department finds that a default has occurred in the performance of any requirement or
condition imposed by this Agreement, a written notice shall be given to the Operator. Such
notice shall specify the work to be done, the estimated cost and the period of time deemed
by the Gas Inspector or the Director of Transportation and Public Works Department to be
reasonably necessary for the completion of such work. After receipt of such notice, the
Operator shall, within the time therein specified, either cause or require the work to be
performed, or failing to do so, shall pay over to the City one hundred twenty-five (125)
percent of the estimated cost of doing the work as set forth in the.
d. The City shall be authorized to draw against any irrevocable letter of credit or bond
to recover such amount due from the Operator. Upon receipt of such monies, the City shall
proceed by such mode as deemed convenient to cause the required work to be performed
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and completed, but no liability shall be incurred other than for the expenditure of said sum in
hand.
e. In the event the Operator does not cause the work to be performed and fails or
refuses to pay over to the City the estimated cost of the work to be done as set forth in the
notice, or the issuer of the security instrument refuses to honor any draft by the City against
the applicable irrevocable letter of credit or bond the City may proceed to obtain compliance
and abate the default by way of civil action against the Operator, or by criminal action
against the Operator, or by both such methods.
f. When the roadways covered by said irrevocable letters of credit or bond have been
received by the City, or upon receipt of a satisfactory substitute, the irrevocable letter of
credit or bond issued in compliance with this Agreement shall be terminated and cancelled.
Any bond required by the Fort Worth "Gas Drilling and Production" Ordinance shall stay in
full force and effect until the terms and conditions set out in the Ordinance are met. The
cancellation of any bond or letter of credit for the sole purpose of the repair of roadways will
not release the obligation of the Operator to meet all requirements of insurance and bonding
under the Fort Worth "Gas Drilling and Production" Ordinance.
ARTICLE 5.
MISCELLANEOUS PROVISIONS
1. Operator understands and agrees that Operator, its employees, servants, agents, and
representatives shall at no time represent themselves to be employees, servants, agents, and/or
representatives of the City. The City shall not have any control over the means or methods by
which Operator shall perform its obligations hereunder. Operator shall furnish all equipment and
materials necessary to perform hereunder and shall at all times be acting as an independent
Operator.
2. By entering into this Agreement, the City does not waive, nor shall it be deemed to
waive, any immunity or defense that would otherwise be available to it against claims arising by
third parties.
3. This Agreement represents the entire agreement between Operator and City for
repair of roadways and supersedes all prior negotiations, representations, and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by the
governing body of the City or those authorized to sign on behalf of the City's governing body.
ARTICLE 6.
FORCE MAJEURE
Events of Force Majeure shall mean any contingency or cause beyond the reasonable control
of a party including, without limitation, acts of God or the public enemy, war, riot, civil commotion,
insurrection, government or de facto government action (unless caused by acts or omissions of the
party), fires, explosions, rain or other weather delays, floods, strikes, slowdowns or work stoppages.
ARTICLE 7.
ASSIGNABILITY/CONSENT fr,1�:Lo����^r
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Except as otherwise provided herein, or except as may be hereafter determined by the
parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or any
of its right, duties, or obligations hereunder, without the prior written consent of the other party.
Whenever the consent or the approval of a party is required herein, such party shall not
unreasonably withhold, delay, or deny such consent or approval.
ARTICLE 8.
NOTICE
Any notice given by one party to the other in connection with this Agreement shall be in
writing and shall be by personal delivery; sent by registered mail or certified mail; or by United
States Mail, return receipt requested, postage prepaid; to:
CITY: Office of the City Manager
City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, Texas 76102
OPERATOR: Devon Energy Operating Company, L. P.
20 North Broadway
Oklahoma City, Oklahoma 73102
Devon Energy Operating Company, L. P.
Post Office Box 450
Decatur, Texas 76234
Notice shall be deemed to have been received on the date of receipt as shown on the return receipt
or other written evidence of receipt.
ARTICLE 9.
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. No evidence of any waiver or modification shall be offered or received in evidence in
any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed.
The parties further agree that the provisions of this Article will not be waived unless as herein set
forth.
ARTICLE 10.
SAVINGS/SEVERABILITY
In the event that any one or more of the provisions hereof contained in this Agreement shall
for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be
construed as if such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
ARTICLE 11.
GOVERNING LAW AND VENUE
This Agreement shall be construed under and governed by, and in accordance with the laws
of the State of Texas, and venue for any action arising under the terms and conditions of this
Agreement shall lie in the state courts located in Tarrant County, Texas or the United States District
Court for the Northern District of Texas, Fort Worth Division.
ARTICLE 12.
ENTIRE AGREEMENT
This Agreement and the exhibits attached hereto, constitute the entire agreement among the
parties hereto with respect to the subject matter hereof, and supersede any prior understandings or
written or oral agreements between the parties with respect to the subject matter of this Agreement.
No amendment, modification, cancellation or alteration of the terms of this Agreement shall be
binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is
duly authorized and executed by the parties hereto.
ARTICLE 13.
WAIVER OF TERMS AND CONDITIONS
The failure of either party to enforce or insist upon compliance with any of the terms or
conditions of this Agreement shall not constitute a general waiver or relinquishment of any such
terms or conditions,but the same shall be and remain at all times in full force and effect.
ARTICLE 14.
CAPTIONS
The captions contained in this Agreement are for informational purposes only and shall not in any
way affect the substantive terms or conditions of this Agreement.
8 �.
ARTICLE 15.
COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed
an original, and constitute one and the same instrument.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as of the ' _day of ppa(o,h , 200
ATTEST- CITY OF FORT W RTH
By:
�ity cretary ary Ja son, ty Manag r
APPROVED
AS TO FORM AND LEGALITY: contract Authorization
David Y tt, City Attorney
B Date
DEVON E O R TING
CO ,L.
radle A. Foster, Vice President
THE STATE OF TEXAS § �-
COUNTY OF TARRANT § f
Before me, the undersigned notary public, on this day personally appeared Gary Jackson, the
City Manager of the City of Fort Worth, Texas, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the instrument for the purposes
and consideration therein expressed.
Given under my hand and seal of office this day o , 200
E PATSY %0X
NOTARY PUBLIC Notary ublic, tate of Texas
*' State of Texas
F x p 12-18-2004
THE STATE OF OKLAHOMA §
COUNTY OF OKLAHOMA §
This instrument was acknowledged before me on the day of t ebruv_�_, 200 , by
Bradley A. Foster, Vice President of Devon Energy Operating Company, L. P., on behalf of said
company.
------------------------------------
.'OTAq'% MARSHA BARTLETT
` SEAL Oklahoma County 'f
,u
Notary Public in and for
;
Notary Public, State of Oklahoma CRY
',�g��•`. State of Oklahoma
i Commission#02012697 Expires 819106 9 '' �• u
-------------- - --_--------------
BLANKET DRILLING BOND
Bond No. 71SIO0753026-328
KNOW ALL MEN BY THESE PRESENTS:
That we,Devon Energy Operating Company, L.P. as Principal,and the Travelers Casualty and Surety
Company of America a corporation created,organized and existing under and by virtue of the laws of the
State of Connecticut, and duly licensed to transact a general Surety business, in the State of Texas,as
Surety are held and firmly bound to City of Fort Worth,Texas in the sum of One Hundred Fifty Thousand
Dollars and 00/100 Dollars($150,000.00)lawful money of the United States of America,to be paid to the
said City of Fort Worth,Texas for which payment, well and truly to be made,we bind ourselves,our heirs,
executors and successors,jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH,That
Whereas the principal has been granted a permit to drill multiple wells within the city limits of
Fort Worth,Texas.
Now therefore, the condition of this obligation is such that if the principal shall faithfully comply
with all conditions of the City of Fort Worth Ordinance when drilling said wells then this
obligation to be void otherwise to remain in full force and effect.
Provided further,that regardless of the number of years this bond shall continue or be continued in force
and of the number of premiums that shall be payable or paid,the Surety shall not be liable hereunder for a
larger amount in the aggregate,than the amount stated herein.
Provided further,that if the Surety shall so elect this bond may be cancelled by the Surety as to subsequent
liability by giving thirty(30)days notice in writing to paid obligee.
SIGNED,SEALED AND DATED THIS 2nd DAY OF December,2003.
WITNESS:
DEVON ENER Y OPERATING COMPANY,L.P.
By:
TRAVELERS CASUALTY AND SURETY
CO NY OF AME
By:
Patsy A IR2vne,Atto -in-Fact
Countersigned By:
Texas Res' ent Agent
�Y1 •�1V Y•iY YY' Y�Y�.]
One Tower Square
Travelers Hartford, CT 0613
IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE
COVERAGE
On November 26, 2002, President Bush signed into law the Terrorism
Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term
program under which the Federal Government will share in the payment
of covered losses caused by certain acts of international terrorism. We
are providing you with this notice to inform you of the key features of the
Act, and to let you know what effect, if any, the Act will have on your
premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined in the Act.
The Act further provides that the Federal Government will pay a share of
such losses. Specifically, the Federal Government will pay 90% of the
amount of covered losses caused by certain acts of terrorism which is in
excess of Travelers' statutorily established deductible for that year. The
Act also caps the amount of terrorism-related losses for which the
Federal Government or an insurer can be responsible at
S1 00,000,000,000.00, provided that the insurer has met its deductible.
Please note that passage of the Act does not result in any change in
coverage under the attached policy or bond (or the policy or bond being
quoted). Please also note that no separate additional premium charge
has been made for the terrorism coverage required by the Act. The
premium charge that is allocable to such coverage is inseparable from
and imbedded in your overall premium, and is no more than one percent
of your premium.
TRAVELERS CASUALTY AND SURETY COMPANY OF AASERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FAR:NINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
-kMERICA, TRAVELERS CASUALTY A_VD SURETY COMPANY and FARINfINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: Gary Liles, Patsy A. Payne, Shelli R Samsel, Keith Shideler, Travis E. Brown, of
Oklahoma City, Oklahoma, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign,
execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any
and all bonds, recognizances, contracts of indemnity-, and other writings obligatory in the nature of a bond, recognizance, or
conditional undertaking and any and all consents incident thereto not exceeding the sum of FIFTY A1ILLION (S50,000,000.00)
DOLL4RS per bond * * and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly
authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby
ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in Sill force and effect:
'NOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any
Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory m'
the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President,any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is
is writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
dertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any
Senior Vice President or any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
-Xssistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if
-equired)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
Dy one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
iuthority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
�O`IPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
-OMPA�NY,which Resolution is now in full force and effect:
,•OTED: That the signature of each of the following officers: President any Executive Vice President, any Senior Vice President, any Vice
'resident, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
mower of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executine and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney
,r certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
ertified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
ndertakine to which it is attached.
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,G S limits;
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Devon Energy Operating Company,L.P.
406 Park West Ct.-P.O.Box 450
Decatur,Texas 76234
Monday,February 16, 2004
David Lunsford
Gas Well Inspector
1000 Throckmorton Street
Fort Worth, Texas 76102
Re: Road Repair Agreement
Harmon Road, Golden Heights, Heritage Trace, & Hicks Road
42-4351347-001 (Baptist Foundation)
Baptist Foundation Well Numbers 1, 2, 3, &4
Tarrant County, Texas
Mr. Lunsford:
Enclosed is a Road Repair Agreement ("Agreement"), covering the above referenced road and well,
which has been executed by Devon Energy Operating Company, L.P. ("Devon"). In accordance with
said Agreement, also enclosed is the videotape of the current road condition of Harmon Road, Golden
Heights, Heritage Trace, & Hicks Road. Devon plans to use a portion of these city maintained roadways
during the drilling and completing of the Baptist Foundation Well Numbers 1, 2, 3, & 4.
Devon submitted changes to the Agreement in an effort to clarify the intent of said Agreement. The
City of Fort Worth ("City") declined to accept any of the changes based on the fact that other Oil and
Gas Companies had signed the Agreement without change.
Devon's attorney has spoken with Sarah Fullenwieder to get a clarification of what time period Devon
would be responsible for road repairs. She has stated that the City's intent is that Devon would be
responsible for road repairs for activity during the drilling and completion operations for the well
covered by the Agreement. Devon will proceed under that understanding. Therefore, the term of this
Agreement shall be from the onset of drilling activities though the cessation of completion activities for
Devon's Baptist Foundation Well Numbers 1, 2, 3, &4. The videotape included with this agreement
shall serve as documentation of the current road condition. Another videotape will be provided to the
City to document road conditions at the end of completion activities.
We appreciate your assistance with the permitting process. Please contact me at 940.627.3041
(extension 250) if you have any questions.
Regards,
DEVON ENERGY OPERATING COMPANY,L.P.
jo
Gilbe . Horton w�
Petroleum Landman
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