HomeMy WebLinkAboutContract 28355EXHIBTT �'F"
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ROAD REPAIR AGREEMENT
BETWEEN
TI� CITY OF FDRT W�RTH
AND
CH4 ENERGY, LLG
This Road Repair Agreement, (Agreernent), is made and entered into on this the 1�th day of
Januarv, 2003, by and between the City o� Fori Wortl�, Texa� {"City"), a horne nzle munieipal
corporation af the State of Texas, Iocated within Tarrant and Denton Counties, Texas (Hereinafter
referred to as the "City") and CH4 ENERGY, LLC ("Operaior") for the
repair of certain streets andlor raadways wfthin the City of Fart V�orth, Texas a� more fu11y
described herein�.
WHEREAS, O�erator is in ihe business of dril�ing gas r�vells and, in connection tY�erewith,
shall be engaged in driiiing and production aciivities on pro�erty known generally as Bel�
Heliconter Lease , which abuts, is adjacent to, and/or is acces�ed by roadways vvithin the City
of Fort Worth; and
WIIEREAS, use of the roadways by the Operator for �he pt�rpose oF perform.ing the
activities described hereinabave may cause darr�age to the roadways; asid
VVHEREAS, the City and Operatar, for the mu�ual con�idez-ation hereinafter stated, desire �o
enter into tivs Agreement far Operator io repair said roadways for t,�e duration af the tern� of this
Agreement in consi�eration of Opera.tor's use of said roadways for th� puipose of the activities
descrihed hereina,bove;
TT IS NOW TiIEREFORE AGREED THAT:
ARTICLE 1.
REPAIlt OBLIGATION
1. Operator shall repaar damages caused by Operator or its contractars, subcontractors,
employe�s, and agents, excluding ordinary wear and tear, if any, to roadwa,ys that abut the above-
described property being used by Operator for the dr�liing and production of gas wells pursuant to a
Gas Well Perrnit issued �a Operator. The repair obligatian �hall continue even if the Gas WeIf
Permit is amended to allow for the drilling of additional gas wells. This obligatian shall continue
during the term of this Agreement, and Operator sha11, prior to fhe termination of this Agz�eement,
as provided herein, rep�.ir such damages to such raadways, excluding ordinary wear and tear, if
any, to the condition in wluch such roadways existed priQr to the execution of this Agreement.
Operator shall make a vzdeotape of such raadways prior to the start of Operator dril�ing and
aperation of its gas wells and shail provide a�opy of the videotape to the Director of
Transportation and Public Works_ 4�erator shall notify the Director of Transportation and Public
Works when drilling ar fracing operations are cornplete so that the Directar of Transpc�rtation and
Public Works can determine if repairs axe required.
2. In connection wi�h its obligation ta repair said roadways, f?��.4�;- � s� 1���
materials of the same or better quality tha.� those utilized to surFa,ce andlor r���;y t�P r��'��.aq�;_
�c
prior to ex�cution af this Agreement �ud in accordance with the eurrent standards specifications of
the City. Devia�ion from the ma�erials deseribed herein sha11 nat be pernnitted without the prior
written consent of the Dtrector of Transportati�n and Public Works. Repa�rs shall be compteted in
accardance vvith standard engineering practices acceptable to the City.
3. Operator shal� repair th� damage io the raadways at i#s sole cost and expense.
4. During �he term of this Agreem�nt, Operator shall periodically inspect t�e roadways
during driiling, fracture sfiitnulation or reworking of the gas weli to determine whether or no# any
damage has occurred as a result of Operatar's acti�ities. Immediately upon discovering the
existence af any such dam�,ge to the roadways, Op�'ator shall undertake to repair and/or remedy
same. Upon discovery of damage by the Operator, the Operator will have 4S haurs to contact the
Directar of Transportation and Public Works to work out a schedule of repairs. Repairs sha�l take
place witi�in 30 �ays or imznediately if the damage affects the immediate health and safety of
individua�s.
ARTICLE 2,
TERM OF AGREEMENT
Thi� Agreement sh�l commence upan the date indicated above and sha11 co�tinue in full
force and effect until Operator has completed and/Qr permanently discontinued the activities ��on
the roadways, as described hereinabove.
ARTICLE 3.
�SURANCE AND INDEI�NITY
Tbe Operator snaIl pro�ide or cause to be provided the insurance described belaw �or
each well unles� a Gas Well Permit has been is�ued wherein such insurance has been pro`,ided iar
the issuance of the Gas Well Permit under ihe terms and conditions descr�bed iri the Fort Worth
"Gas Drilliag and Praduction" Ordina.nce and such insura.nce ta continue until the well is
abandoned and the site restored.
In addition to the bond or letter of credit required pursuant to this Agree�nent and the Fart
Worth "Gas Drilling and Productian" ardinance, t�e Operaior shall carry a policy or polucies of
insurance issued by an insurance company ar compar�ies authorized to do business in Texas. In the
event such insurance policy or policies are cancelled, the Gas Well Pen�nit shall be suspended on
sueh date of cancellation and the �peratar's right to operate under such Gas Welt Permit shall
irnmediately cease until the Operator file� a.dditional in�rance as pro�ided here�n.
1. General Requirements applicable to all policies.
a. The Ci-ty, its officials, employees, agents and officers shall �e endarseci as an
"Additional Insured" to all policies except Employers Liability coverage under the
Operatar's Workers Compensation policy.
b. All policies shall be v�n-itten on an occurr�nce basis except for Enviranmental
Pollution Liability (Seepage and Pollution coverage) and Excess or UmbreIIa
Liability, which inay be on a claims-made basis.
Paat� 7
c. All policies shall be written by an insurer with an A-: VIII or better rating by the most
current version of the A. M. Besi Key Ratirig Guide or with such ather fir�ancially
sound insurance carriers acceptable to the City.
d. Deductib�es shall be listed on the Certificate of Insurance and sha11 be on a"per
occurrence" basi� unless otherwise �tipulated herein,
e. Certificates of Insurance shall be delivered to the City of Fort VL�orth, Development
Department, lOQO Throckmorton Street, Fort worth, Texas 7G102, evidencir�g all the
required coverages, including endorsements, prior to the issuance of a Gas Weli
Permit.
f. AI1 policies shali be endorsed with a waiver of subragation providing rights of
recovery in £avor of the Ciiy.
g. Any failure on part of the City to request r�quired insurance documentatifln sha11 not
constitu�e a waiver af t�e insurance requirement specified herein.
h. Each policy shall be endorsed to provide the City a minimum thiriy-day notice of
cancellation, no�-renewal, and/or mat�rial change in policy terms or co�+ez`age. A ten
days notice sha11 be acceptable in the event of r�on-payment of premium.
i. During the term of the Cras Well Perrnit, the Operator shall report, in a timcly manner,
ta t�.e Gas Inspector any known loss occurrence which could give rise to a liabiliiy
claim or lawsuit or which could result in a property Ioss.
j. Upon request, certified copies of all insurance palicies shall be furnished to the City.
2. St�ud�rd Commercial General Liabi�ity Policy.
This coverage must inelude premises, opera.tions, biowout or e�Iosian, products,
completed operations, sudden and accidental pollution, blanket contractual liability,
underground resources damage, braad form property damage, indepene�ent contractars
protective liability and personal injury. This coverage shall be a muumum Combined Single
Limit af $1,00O,O�D per occurrence for Bodily Injury and Property Darnage.
3. Egcess or Umbrella Liabiiity
$ 5,000,04t} Excess, iir 'the Operator has a stand-alone Environmentai Pollution
Liability (EPL) policy.
$10,00Q,000 Excess, if the Operator does not have �. stand-alone EPL policy.
Coverage must include at� endorsement for sx�dden or accidentai
pollution. If Seepage and Pollution coverage is wrrtten on a"claims
made" hasis, t�e Operator must maintain eontinuous co�erage a.�d
purchase E�e�ded Coverage Period Tnsurance when necessary.
4. Wor�ters Compensation and Employers Liability Iusurance
a. Workers Compensation benefits shall be Texas Statutary Limits.
b. Employers Liability sha11 be a minimum af $500,000 per accident.
c. Such cov�rage shall :ixacluc�e a vvaiver of subrogation in favor oithe City and provide
caverage in aceordance w'sth applicable State and Federal laws.
5. Automobile Lialaility Ins�rance
a. Cambined Single Lirnit of $1,000,000 per occuzrence for Bodily It�jury and Property
D�tnage.
b. Coverage must include all owned, hired and not-owned autamobiles.
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6. Ceriiiicates oF Insurance
a. The company must be ad;nitted or approved to do business in the State of Te�as,
unless the coverage is written by a Surplus Line� insurer.
b. The insura.r�ce set forth by the insurance company rnust be underwritten on forms
ti�at have been approved by the Texas State Bvard of Insurance or ISO, or an
equivalent policy form acceptable to the City.
�. Sets forth all endorsements and insurance coverage according to requirements and
instruCtions contained herein.
d. Sh�I specificaljy set forth the notice of cancellation, termination, or change in
caverage provisions to the City_ All policies shal� be endorsed to read "THIS
POLICY �iII,L NOT BE CANCELLED �R NON-RENEWED WITHOUT 30
DAYS ADVANCED WRITTEN N�TTiCE TO TIE QWNER AND THE CITY
EXCEPT WHEN THIS POLICY IS BEIl�G CANCELLED �OR NONPAYMENT
OF PRENIl[]M, 1N WHICH CASE 10 DAYS ADVANCE 'WRITTEN NOTICE IS
REQUIRED".
e. Origina� endarsements affecting coverage required by this sectian sha�l be furnished
with th� certificates of insurance.
7. The canceIIatifln of any irisurance for the �ole purpose of the repair of road�ays will not
release the obligatian of the Operaior to meet all requirements of ir�surance and bonding
under the Fart Worth "Gas Dt'il�ing and Praduction" Ordinance.
8. �perator shall and hereby does indemnify, defend and save harmless the City, its officers,
agents and ernployees from aII suits, �Gt10I15 or claims of any character, na�n.e and
description braught �or or on account of any injuries or damages received as sustain�d by
a.t�y persan, per�ans or praperty on acco�nt of the o�erations of the Operator, his agents,
employees, eontractors or subcantractors; or on account of any negligent act of fault af the
Operatar, his agents, employees, contractors or subcontractars in connection with the
ob�igations under this Road Repair Agreement; and shall pay any judgment, with costs,
which may be obtained agains� the City growing out of such injury ar damage.
ARTICLE 4.
PERFORMANCE BONDS
1. Operator shall provide a performanee bond, unless a performance t�ond has been
provided for the issuance of a Gas Well Pertnit under the terms and conditians described in Fort
Worth "Gas Drilling and Production" ordina.nce, in an amo�nt nat le�s than the amount necessary
to repair the roadways, as determined by the City Director of Transportaiion and Pubfic Works.
2. Prior tia the beginning any activity pursua�t to the issuance of a Gas Well Per�i.t,
unles5 a performance bond has been provided for ihe issuance of a Gas Well Permit under the
terms and conditions desczibed in the Fort Worth "G�s Drilling and Produetion" Ordinancc,
Operator shall provide the Gas Inspector with a securi�ty instrument in the foran of a bond Qr an
irrevoeable letter of credit as follows:
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a. Bond. A bond shall be executed by a reliable bonding ar insurance institutian
au.thorized to do business in Texas, acceptable �o Yhe City. The bond shall become effective
on or before tk�e date the Gas Well Permit is issued and shall remain in force and effect for
at Ieast a period af six (6) manths after th� expiratic�n of the Gas We�l Permit terrn or until
the well is plugged and abandoned and the site is restared, whichever occurs first. The
Operator shall be listed as principal and the instrument shall nui to the City, as oi�ligee, and
shall be conditioned that the Operator will comply wit.h the terms and regulations of thi�
Ordinance and the City. The original hand shall be submitted ta �he Directar of
T�anspartation and P�biic Works with a copy of the same pro�ided to the City Secretary
and the Gas Inspector.
b. Letter of Credit. A letter of credit shall be issued by a reliable bank autharized to do
busir�ess � Texas and shall hecome effective on or before the date ihe Gas Vflell Permit is
issued. The le�tter of credit sha1l remai� ir� force attd effect £ar at least a�eriod af six (6)
months after the expiration of the Gas 'VVell Pennit term. The City shall be authorized to
draw upon such letter of credit to recover any fuies or penal�ies assessed �nder this
ordinance. Evidence of the execution of a�etter of credit sha11 be submi�ted to ihe Director
of Transpartation and Publie Works submitting an ariginal signed letter of credit frorn the
banking institution, with a copy of i�e same pz`ovided to the City Secre�ary at�d the Cras
Inspecior. If the Letter of Credit is for a time period less than tt�e life of the well as re�uired
by Ordinance Number 14880, CH� ENERGY, LLC agrees to either renew the Letter of
Credit or replace the Letter of Credit with a bond in the amount rec�uired by the City of Fort
�orth Ordinance Number 14880, on or before 45 days pr�or ta the expiration date of the
Letter af Credit. If CH4 El�ERGY, LLC fails ta defiver ta the City of Fort Wort� either
ti�e renewal Leiter of Credit or repiacement bond in the appropriate amount on ar befare 45
days prior to �he e�iration date of the Letter of Credit, the City of Fart Worth may draw the
entire face amount of the attached Letter af Credit to be held by the City of Fort Worth as
security for CH� EPIERGY, LLC's performance of its obligations under Ordinance
Number 14880,
c. Whene�ez' ��e Gas Inspectar or the Direcior of Transportation and Pub�ic Works
Departmeni finds that a default has occurred in the perfo�mance of any requirement or
condition imposed by this Agreernent, a r�vritten notice shall be giveM to Qperator. Such
notice shall specify the work to be done, the estimated cost and the periad af time deemed
by the Gas Inspector or the Director af Transportation azad Public works Depart�ent to b�
reasonably necessary for �he completion of such �ork. Af'�er receipt Qf such notice, the
Qperator sh�ll, within the time therein specified, either cause or require th� work to be
pe�tfornaed, or failing to do so, shall pay over to the City one hundr�d twenty-five percent
(125%) of the estimated cos� of doing the work as set forth in the notice.
d. The Ciiy shall be authorized to draw against any irrevacable letter af credit or bond
to recover such amount due from OperatQr. Upon receipt af such rnonies, the City s�all
praceed by such mode as deemed convenient to cause the required work to be perfarmed
and campleted, but na liability s�all be incurred othez- thain for the expenditure of said sum
ir� hand..
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e. In the event Operator does nat cause the work to be performed and fails or refuses io
pay over to fhe City the es�i�naied cost of the work ta be done as set forth in ihe notice, or
the issuer of the security instrument refuses to honor an.y draft by the City against the
appiical�le irrevocable letter of credit or band the City may proceed ta obtain complia.nce
and abate the default by wa� of civil action against Operator, or by criminal action against
t�e Operator, or by both such method�.
f The canceilation of any bond or l�tter of credit far the sole purpose of the repa,ir af
roadways wili not release the obligation of the �perator to rneet a11 requirements oi
insurance ar�d bonding under the Fort Worth "Gas Drilling and Production" Orciinance. Any
bond r�c�uired by the Fort VVorth "Gas Dri�ling and Proc�uction" Ordinance shall stay in fi�11
force and effect until t�e terms and canditions set aut an the Ordinance are met.
3. If the eost of the compieting the repair is an amount of $15,000 or l�ss, as
determined by the Director of Transportation and Public Works, cash in the amount necessary to
complete the repa.irs, as determined by the Director of Transportation and Public Warks, may be
deposited with a bank or escrow agent pursuant to an escrow agreemen� accegtable and approved
by the Ciiy ensuring completian af the repair.
ARTICLE 5
MISCELLANEOUS PROVISIONS
1. Operator understands anc� agrees that Operator, its empl�yees, servants, agents, and
representatives shall at no time represent thernselves fio be employees, servants, age�ts, andlor
representati�res of the City. The City shall not have any cantrol over the means or methods by
which Operator sha,ll perform its abligations hereunder. Operator shall furnish all equipmen# and
maierials necessary to perForm hereunder and shall at aIl times be acting as an independen#
Operatar.
2. By entezi�g znto this Agreement, the City daes not waive, nor shall it be deemed fio
waive, any i�nmunity or defense that would otherwise be available to it against claims arising by
ihird parties.
3. This Agree�ent represents the entire agre�ment bet�veen Operator and City for
repair of road�rays and supe�-sedes aI� prior negotiations, representatio�s, a.�d/or agreements, either
written or oral. This Agreem.ent may be amended oniy by written instrurrzent sigrted by the
governing boc�y of �he City or those authorized ta sign on behalf af the City's governing hody.
ARTICLE 6.
FORCE NI�JEZJRE
E�rents of Force Majew-e shall mean any contingency or cause beyond ihe reasonable
control of a party includin.g, without limitation, acts of Gad or tk�e public ene�ny, war, riot, civil
commotion, insurrectior�, gnvernment or de facto gaveriunent actian {unless c�.used by acts or
amissians of the party), fires, explosions, rain or other weather delays, flaads, strikes, slowdowns
or wark stoppages.
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ARTICLE 7.
AS SIGNABILITY{CQNSENT
Except as otherwise �rovided herein, or except as may be hereaf�er deterrnined by the
parties, no party to this Agreement �nay sell, assign, ar transfer its interest in this Agreement, ar any
of its right, duties, or obligations �ereunder, without tl�e prior written consent �f the ather party.
When�ver the consent or the appro�al of a party is required herein, such party shall not
unreasonably withhald, delay, or deny such consent or approval. Operator may assign this
Agreement to any successor entity to whom th� applicable Gas Well Permit has b�en assigned upon
writte� notice to the City af said assignmer�t.
ARTICLE S.
NOTICE
Any notice giv�n by on� party to the other in connection with this Agreement shall be in
writing and sha11 be by persona.� deiivery; sent by registered mail o� certified mail; ar by Uni�ed
States Marl, return a•eceipt rec�u.es#ed, postage prepaid; ta:
CITY: Office of the City Manager
Ci�y ofFort Worth, T�xas
1400 Thrackmorton Street
Fort Warth, Texas 761 Q2
OPERATOR CH4 ENERGY, LLC
2$13 S. Hulen St., Suite 225
FQrt Worth_ TX 76109
luotice shall be deemed to have been received on the date of z-eceipt as shown an the return receipt
or other written evidence of receipt.
ARTICLE 9.
MODIFICATIQN
No wa.�ver or modification of this Agreement or of a.ny eavenant, condi�ion, limitation
herein cflntained s�all be valid unless in wrifing a.txd duly executed by the party to be charged
therewith. No evidence of any vwaiver or modification �hali be offered or received in evidence i�
any proceeding arising betweerz the parties herato out of or affscting this Agreement, or the rights
or obligations af the �arties hereunc�er, unless such waiver or modification is in writing, duly
executed. The parties furth�r agre� that the provisions of this Article will nat be waived unless as
herein set farth.
ARTICI.E 10.
SAVINGS/SEVER.ABILITY
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In the event that any one or more of the provisions hereaf contained in this Agreement shall
for az�y reasan be i�eld to be invaiid, illegal, or unenforceablc� in any respect, such invalidiiy,
illegality, or unerzf�rceabi�ity shall nqt effect the other provisions, a,nd the Agreement shall be
construed as i�' such invalid, illegal, or unenforceable provision had never been contained in this
Agreement.
ARTICLE 11.
GOVERN�TGLAW AND V�NUE
This Agreemeni shall be cons#rued under and governed by, and in accordance wi#h the iaws of the
State of Texas, and venue for any actian arising under the terms and conditions af this Agreement
shall iie in the state caurts located in Tarrant Caunty, Texas or the United Siates Dis#rict Caurt for
the Northern Distri�i af Texas, Fort Worth Division.
ARTICLE 12.
ENTTRE AGREEMENT
This Agreement and the extubits attached thereto, constitute the erttire agreement among the
parties hereto vcrith respect to the subject matter h�r�of, and supersede any pr�or understandings or
written or ora� agreements betvveen the parties with res�ect to the subject matter of this Agreesnent.
N� amendment, mndificatian, cancellation or alteration af the terms af this Agreement shall be
binding on any party hereto unless the same is in writing, dated subsequent to �he �ate hereof, and
is duty authoriz�;d and executed by the parties �e�-eto.
ARTICLE 13.
WAIVER OF TERMS AND CONDITIONS
The failure of either party to enforce ar it�sist upan cornpliance with any of the terms or
conditians of this Agreement shall not constitute a general waiver or relinq�ishment of any such
terms or conditions, but the sarr�e shall be and remain at a11 times in full force and effect.
ARTICLE 14.
CAPTIONS
The captivns con�ained in this Agr�ement are for informational purpos�s anly and s1�a11 nat
in any way affect the substantive terms or conditions af this Agreemen�.
ARTICLE 15.
CDUNTERPARTS
This Agreement may be ex�euted in any number of counterp�-ts, each of r�vhich shall be
deemed an original, and constitute ane and the s�mme instrument.
IN WITNESS WHEREOF, the parties do hereby affix their signatures and enter into this
Agreement as af the I Sth day of Januarv, 2403.
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�S� ��-�_-�.�-�-��
�:�r�i��ra�°� Au�ho�s��al�ion
ATT�ST:
J City �ecretary
APPROVED AS TO FORM
� ��. �c E
CITY OF FORT WORTH
- - By: ��.
Ga acic�g , City Manager
�ND LEGAL,ITY:
David Yett, City Attorney
By���` ��.r,�-� � �•�---
STATE OF TEXAS
COUNTY OF TARRANT
CH4 ENERGY, LLC
����
�pera#or
By: Richard D. Brannon, President
Before me, the undersigned notary public, on this day persanally appsared Gary 3ackson,
the City Manager of �he City of Fort Worth, Texas, known to me to be the persan whose name is
subscribed �a the fore�oing instrument, and acknowledged to nae that helshe e�ecuted ihe
instrument for the purposes and consideration therein expressed.
�• �
Giv d seal of affice this �?� day of ' , 20 %'"..
���;�p�,� PATSY CQX _--
�z°t �`�': N�TARY Pl1BLIC �+
l�r �' Stat@ Of 7@7(AS
�,;�.a� ;i�+� Comm Exp 12-18-2004
� � �
_..,.....,.-.�..� _ W,.�_. .. ..�, V..: ......r Notary Public
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority, a Natary Public in and for the State of Texas, on thi�
day personally appeared Richard D. Bran�aan as President of CH4 Energy, LLC, known ta ma to i�e
the person whose name is subscribed to t�e foregoing instr�rr►cnt, and acknow�edged to me that the
same was the act of CH4 Ener�y, LLC (the cor�aoration) a�d that he �xecuted tke same as the act of
said CH4 Energy, LLC (corporation) for the purposes and consideration therein expressed and in
the capacity tnerein stated.
Given under my hand and seal of af£'ice this 15th day of January, 2003.
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IRREV�CABLE STT�.NDBY LETTER OF CREDIT B4KD3SDk'00939
I�SUED IN TULSA, bKLAHONlA ON Ol/04/03
BENEBICIARY:
CITY OF FORT W�RTH
100a THROCKMQRTpN STREET
FORT WQRTH, TEXAS 7510�
APPLICP,NT :
CH9 �bT��GY, LLC
2813 S. HUZEI�, SUITE 225
FT . V�4RTH, TX "161.0 9
DA'I'E AND P�.CE C)E' EXPIRY: Q1/15/04 TUi,SA, OKLAHOE�A
AMOUNT: 50,000.00 USD
USD �ifty tha�sand exaetI.y
WE H�R�BY ISSUE IN YOUR 5RV0� T�3I5 TRf�EVC.`[:A�L� S'1'TtNDBY LETmER OF
CREDTT AVAII,ABLE BY Y�U�t SiG�i'T �I�F"1'{S� OC� �il��if{ OI' OT�L�HOMA, N.A.
ACCOMPANT�D BY THE FG�.,I�74QI tuG :
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FpLLOWS:
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CiTY OF k'��7' k��7RTH, L�O HI?YEBY �FRTiFY � FiY'_" C�� Eh]ER�;Y, LLC; H�4S
DEFAULTFJ SN 'PH� P�R$wJR�`�NCE QF k R�:QUtRE�P;dT Ql� COtVf3I'1'I�i�f FR' 'iH�
ORDIAIATl�.'�; C1G' T�TF, C7�I`Y OF E"�.r't`C [r4C}RT2E NC]MT3Cn .l�#33Q ]�l[dd%OR
PERE'ORMAM�.� OF A fti;4UIREMF�T �� CONGITIGI�T 0� TH� ROIkD MAIn:T�I�IANC.�
AGRE�NlE;N'�', 1hNF3 '2'f{u' DRAFT Y}��:�FNT�D HEREVdITI�I ���€tF�FNTS T?�E AM4U��'
NOW DII$ A.+1D [:]4VL:Sf:i. W�" Tti�SU '"F'..�R`PTFY' `l'HT�'1' FUN1�$ T�RAidtv U+T1T-�,� 9� C7�EIJ
�O RECOVER A�2'�' FINES C��3� nE�EALTIES ASSESSED UNf�E�i �HTS O1�C�I�AN�L:."
THIS L�T'1'E� Ct' [:f�li[}�'1' �s'�fPIRES AT 4:00 �'.T�.� Ol� Ti:fR S^:AT�G
��PZRA�'iQN DI�'�� �3R Ai�Y EXTENDED EXPTRATI0�3 �ATE, A'I' '.He, C�P�'ICE OF
BANK 0�' OKLAHs�MI�1, N. A., ?NTERNATIOIQAL BANKING CF��TEk, c>�]F
WILLIAI�S C�t]T�:F�,�• TLILSPi� C}�{3,riiDMA� 747.72.
THIS LFTmEit CC' Cr��=�T.T 4�II�i� SE AUTONIATICALLY �}C'1'E�NDED FOkt A1�
ADDITIQ;UAL� P�:F�I{}D �E' pNE Y4'��E# I'"P(3M `I'F1F ?�ESI��l�l7' OR Al�'"r` F'[]^•.I3£iE
F,XPIRATT[7�i DATE �7NLES�f r1'1' �c���5'P E'�1�'PY �'1'V� {45) 17A.1''� F'Fx-�4R T()
SUCH E�P�FtRT=Gi�] DRT�, 4dE NOTIFY YQU IN ��_a'�ING BY :��:�I`3TEREl?
MAIL/CO[3�iaTR TE{flT vlE �L�CT NC�'i '['{? S�3 E�X'1'EN➢ THIS �L�"�"C�R 0�"
CREDT�.
DRAF'I' (S) I�RAY7N �1N?? td]�.COTIATCD UNCEi� T`�IS ��L•:T'?'C� Qk' CREDZT r1US`P BE
�1�DORS�D H�I�EON RND 8�,�,R TItC: �'LA�'S� 'DR�.i�i�J 41�CSER BA�i� C�E'
OKLAHOMA, N.A., I,x.'TTFfi 0�' CREDtT NUMBER BOK03SDE'Df��3'� DATED
JANC�Z-�RY �5, 2003. '
DRAWINGS UNDER THIS LE;'T'I'�:t C}F' �kF:i�TT MA� Fk� �R►�'.: F.,C3TE� VZA
EACSIMILE TO B�1LVTi OF' OI{1,A?30;�zA, �e.A., FAC;I#�:�,E� �CJ. 9�.8-588-6026,
G�TITH ORIGINAL DOCUMENTS BEING B�NT TO �.'�.NK OF �KLAHai�A, N.A. V�A
OVERNIGHT COURIER. WE HEREBY ENGAGE WiTH YO[7 TIiAT PAYMENT WII,L BE
MAD� AC:�INST DRIGINP.L DRAFTS Z-1ND P,LL DOCi7MENTS �RAWN STRICTLY IN
COMPLIANCE WITH THE TERMS OF THIS CREDTT AND ALL ANl��iA[�ENTS.
�� ��, � j� ��' I- �� -'
THIS ORIGINAL LETTER OF C12EDIT AA1D ALL AP9EIVDMENTS THERETp MUST $�
SUBNlIT�'ED TO TJS TQGETHER WITH ANY DRAWINGS HEREUNDER E'OR OUR
ENDORSEI��NTS OF ANX PAYMENTS EFFECTED BY US AND/OR FOR
CANCELLATION.
EXCEPT SQ FAR AS OTHERWISE EXPRESSLY STATED, THIS L�TTER OF
CR�DIT �S SUBJEGT TO THE U1�TIFORM CUSTOMS AND PRACTIC� FOR
DOCUMENTARY CREDITS (1993 REVISIOI3) ZCC PUBLTCATION N0. 5f�0.
PLEASE DIR�CT ANY I�3QUIRIES REG,ARDING THIS LETTER OF CREDIT TQ
OUR LETTER QE' CREDIT IS5[3ANCE DESK AT 918-58$-6601 OR
E'AX:916-586-&�2E.
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