HomeMy WebLinkAboutContract 28498EXEIIBTT "F"
ROAD REPAiR AGREEMENT
AR
BETWEEN
THE CITY OF FORT WORTH
AND
BiJRNETT OIL CO., INC.
�
This Road Repair Agreement, (Agreement), is made and entered into on this ihe �� day
of �� ��i.,,� , 2003, by and between the City of Fort V�orth, Texas ("City"), a hame rule
municipal corporaiion of the State oF Texas, located within Tarrant and Denton Coux�ties, Texas
(Hereinaftex referred to as the "City"} and Burnet� Qil Co.Inc. ("Operator")
for the repair of certai�n s�reets and/ar raadways within the City of Fort Warth, Texas as more fuIly
described herein.
WHEREAS, Qperator is in the business of drilling gas wells aud, in connectian fberewith,
shall be engaged in drilling and production activities an property l�own generally as Mint Creek
Lease fMint Creek No. 1 Well) , which abuts, is adjacent to, ancUor is
accessed by roadways within the City of Fort Worth; and
WHEREAS, use of the roadways by the Operator far tha purpose of par#'orming the
activities described hereinabove may cause damage to the roadways; and
WHEREAS, f.he City and Operatoar, %r the mutual consideratian hereinafter stated, desire to
enter into this Agreement for Operator to repair said roadways for the duration of the #erm of this
Agreemen� in cansideration of Operator's use of said roadways for the purposa of the activities
described hereinabove;
IT IS NOW THEREF�RE AGREED THAT:
ARTICLE 1.
REPAIlZ OBLYGATTON
l.. Opearator sha11 repair damages caused by Operato� ar its contracto:rs, subcontractors,
employees, and agents, excludang ordinary wear and tear, if any, to roadways that abut the above-
described property being used by Opera#or for the drilling and production of gas wells p�arsuant to a
Gas W�ll Permit issued to Operator. The repair obligation shall coniinue even if the Gas Well
Permit is amended to a11aw for the drilling oi additional gas r�vells. This obligaiion sha11 continue
during the term of this Agreement, and �perator shali, priox to the terxnination of this Agreement,
as provided herein, repair such damages to such roadways, excluding ordinary wear and tear, if
ariy, to the condition in whieh such roadways existed prior to the execution �f this Agreernent.
Operator shall make a videotape of such roadways prior to the start of Operato� drilling and
operation af rts gas wells and shall provide a copy of the videotape to th� Director of
Transportation and Public Works. Operator shail notify the Dir�ctor of Transportation and Public
Works when drilling or fracing operations are complete so that the Director of Transportation and
Public Works caa� determine ifrepairs ar� required.
2. Tn connection wi�h its obligation to repair said roadways, U�
materials of thc sam� or better quaiity than those utilized to surface a.nd/or e�'���
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prior to execution n£ Yhis Agreement and in accordanca with the current standards specifications of
the City. Deviation from the materials described herein sha11 nat be permitted without the prior
written consent of the Director of Transportation and Public Works. Repaixs shall be completed in
accordance �wvzth standard engineering practices acceptable to the Ci�y.
3. Operator shall repair the damage to the roadways at its sole cost and expense.
4. During the ierm of this Agreement, Operator shall periodically inspect the raac€ways
during drilling, fracture sti�mulation or r�worlcing of the gas we11 to detexmine whether or not any
damage has oectured as a resulfi of 4peratar's activities. Immediately upon discovering �he
existence of any such damage to the roadways, Operator sha�l under�ake to repair and/or remedy
same. LTpon discovery of damage by the Operator, the Operator will have 48 hocu's to contact the
Director a� Transportation and Public Works to u�ork out a schedule of repaiurs. Repairs shall take
place within 30 days or irnmediately if the damage affects the immediate health aan.d safety of
individua.ls.
ARTICLE 2.
TERM OF AGREEMENT
This Agreement sha11 commence upon the date indicated above and shall cantinue in full
farce and effect until Operator has camplet�d andlor pertnanently discontinued the activities upon
the roadways, as described hereinabove.
ARTICLE 3.
INSiJRANCE AND TNDEMNITY
The Operator shall provide or cause to be provided the insurance described below for
each well unless a Gas Wel1 Permit has been issued wherein such insurance has beez� provided far
th� issuance of the Gas WeII PezYnit under th� 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 ta the bond or letter of credit required pursuant to this Agreex�aent and �he Fort
Worth "Gas Drilling and Pzaduction" ordinanc�, the Operator shall carry a policy or policies af
insurance issued by an insurance company ar companies autharized to do l�usiness in Texas. In tt�e
event such insurance policy or policies are cancelled, the Gas Well Permit sha.11 be suspended on
suc�i date of cancellation and the Operator's zight to nperate under such Gas Weil P�rnut shaIl
unmediately cease until the Operator fi1�s additional insurance as provxded herein.
General Requirernents applicable to a11 policies.
a. The City, its affcials, employees, agenis and officers shall be endorsed as an
"Additional �a.sured" to all policies except Employers Liability coverage under the
Operator's Workers Carnpensation policy.
b. AlI policies sha11 be wz�i%ten on an occurrence basis except far Environmental
Pollution Liability (Seepage and Pollution caverage) and Exces� nr lJrn.��P.�l�a .
Liability, which may be on a ciaims-made basis. �
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c. All policies shall b� written by an insurer with an A-: VIII or better arating by the most
curtent version af �khe A. M. Best Key Rating Guide or with such other financially
saund insurance carriers acceptable to tl�e City.
d. Deductibles shall be listed on the Certificate of Insurance and shall be on a"per
occurrence" basis unless otherwise stipulated herein.
e. Certifcates of Insurance shall be delivered to the City of Fort Warth, Development
Departmeni, 10D0 Throckmorton Street, Fort worth, Texas 761Q2, evidencing a11 the
required coverages, including endorsements, prior to the issuance of a Gas Well
Pernui.
f. All policies sha11 be endorsed with a waiver of subrogation providing rights of
reco�ery in fa�ar of the City.
g. Any failura on part of the City to request required znsurance documentation shall not
cons�itute a waiv�r of thE insurance requiremeni sp�cified her�in.
h. Each policy shall be endorsed to provide the City a minimum thirty-day notice of
cancellation, non-renewal, and/or rnaterial change in policy terms oz cnverage, A ten
days notice shall be acceptahle in the event of non-payment of premium.
i. Dunng the term of the Gas Well Permit, the Operator shall report, in a timeiy manner,
to the Gas Inspectar any knawn loss occurrenc� which could give rise io 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. ' Standaxd Cammercial General Liability Policy.
This coverage must include premises, operations, blowout ox explosion, products,
completed operations, sudden and accidental pollution, blanket coniractual liability,
undergroi.uld resources damage, broad form property damage, independent contractors
protective liabxliiy and persanal injury. This coverage shall be a minimum Combined Single
Limit of $�,QOO,OOd per occurrence for Bodily Injury and Property Damage.
Excess or Umbrella Liability
$ 5,d00,000 Excess, if th� Operatar has a stand-alone Environmental Pollution
Liability (EPL) palicy.
$10,Q0a,OQ� Excess, ifthe Operator do�s not hav� a siand-alone EPL policy.
Covexage must inciude an er�dorsement for sudden or accidental
pollu�ion. If �eepage and Pollution co�erage is �rritten on a"claims
miade" basis, the Opexator must �ainta.in continuaus caverage and
purchase Exteanded Cflverage Period Insu�rance when necessary.
4. Workers Compensation and Employers Liability Ynsurance
a. Workers Cnmpen�ation benefits sha11 be Texas Statutory Li_mits.
b. Employers Liability shall be a minimum o�$50D,040 per accideni.
c. Such coverage shall include a waiver of subrogation in favoar a£the City and pro�vide
co�erage in accordance with applicable State and Federal laws.
5. Autornabile Liahility Insurance
a. Combined Single Limit of $1,004,Q00 per occUrrence for Bodily Tnju� and Pr_Q�.��±�r ,
Damage. - _ _
b. Coverage must i.z�clude all owned, hired and not-owned automobile�. '��� � ,
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b. Certifieates of Insurance
a. The company must be admitfed or approved to do husi�ess in �e Sfa�te of Texas,
unless the coverage is written by a Surplus Lines insurer.
b. The insurance set forth by the insurance company must be underwzitten on �orms
that have been appraved by the Texas State Board of Insurance or ISO, or an
aquivalent policy farm acceptable to the City.
c. Sats forth all endorsements and insuxance coverage according to requirernents and
instrtictions contained herein.
d. Shall specifically set forth the notice of cancellation, termination., ox change in
coverage provzsions to th� City. All policies shall be endorsed to read "THI�
POLYCY WILL NOT BE CANCELLED OR NON-RENEWED W�THDUT 30
DAYS ADVANCED WRITTEN NOTICE TO THE OWNER 11ND THE CITY
EXCEPT Wf�N THIS POLICY IS BEING CANCELLED FOR N�NPAYMENT
QF PREMI[JM, IN WHICH CASE 10 DA�S ADVANCE WRITTEN NOTICE TS
REQUI[LED".
e. Original endorsements aifecting coverage required by this section shall be furnished
with the certificates of insurance.
7. The ca.ricellation af any insurance far the sole purpose of the repair of roadways will not
release the abligaiion of the Opez'ator to meet all requiremenis of insurance and bonding
under the Fort Worth "Gas Drilling and Production" Ordinance.
Operator shall and hereby does indemnify, d�fend and sa�e harrr�less the City, its officers,
agents and ernployees from all suits, actions ar claims of any chaaracter, name and
description hrought for or on account of any injuries ar dama�es received as sustai�ed by
any p�rso�z, persons or property an account af the operations of the Operator, his agents,
emplayees, cantractars or subcontractors; or on account of any negligent act of fault of the
Operatox, his agents, employees, contractors or subcontractors in cannection with the
obligations under this Road Repair Agraement; and shall pay any judgrrzent, wi�th costs,
which may be obtained against tk�e City growing out of such injury or damage.
.ARTIGLE 4.
PERFORMANCE B�NDS
1. Operatar sball provide a performance bvnd, unless a perfarn�ance band has been
provided for the issuance of a Gas Well Permit under the term� and conditions descr�bed 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 Director of Transportation and Public Warks.
2. Priar io the beginning any activity pursuant to the issuance of a Gas We11 Permit,
unless a performance bond has b�en provided for the issuance of a Gas Wei1 Perr�zit u:�der the
terms and conditions described in the Fart �orth "Gas Drilling and Production" Ordinance,
Operator shall provide the Gas Inspector witk� a security instrument in the fo� Bf w^n s�a�-
irrevncahle leiter of credTt as follows:
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a. Bond. A bond shall be executed by a reliable banding or insurance institution
authorized to do business in Texas, acceptable to the City. The bond shall became effective
on or before the date the Gas Well Permit is issued and shall remain in force and effect far
at least a period o£ six (6) months afier the expiration of the Gas Well Permit term or unt�l
the weil is plugged and abandoned and the site is restared, whichever occurs first. The
Operator sha11 be lisfed as pri.�cipal and the instrument shall iuu to ih� City, as abligee, and
shall be conditianed that the Operator wi1l comply with the terms and regulatians of this
�rdinance and the City. The original bond shall be submitted to the Director of
Transpartation and Public Works with a copy af the same provided to the City Secretary
aud the Gas Inspector.
b. Letter of Credit. A letter of credit shall be issued by a reliable bank authorized to d�
business in Texas and sha11 become effecti�e on or before the date the Gas W�11 Permit is
issued. The letter of credit shall remain in force and effect for a# least a period of six (fi)
months after �he expiration of the Gas Wel1 Permit ter�n. The City shali be authorized to
draw upon such letter o� cxedit to recover any fines or penalties assessed under this
ordinance, Evidence of the execution of a l�tter af credit sha11 be submitted to the Director
of Transportation and Public Works submitt�ing an original signeti letter af credit fram the
banking insti�ution, with a copy of the same provided to the City Secretary and the Gas
Inspector. If the Letier oi Credit is'for a time period less tl�an the Iife of the well as required
by Ordinance Number 148$0, Burnett Oil Co., Inc agrees to either ren�w tbe Letter af
Credit or �eplace the Letter of Credit with a ba�nd in the amount required by ihe City of Fort
Warth Ordu�.auce N�urnber 14880, on or befare 4S days priar to the expiration date of the
Letter of Credit. If Bumett Oil Co., Inc. fails to deliver to the City of Fort Worth either tl�e
renewa.l Letter of Credit ar replacernent bond in the appropriate amount on or before 45
days priar to the expiration date of the Letter of Credit, the City of Fort Worth may draw the
entire face amount af the attached Letter of Credit to be held by the City of Fort VVorth as
security for Burnett Oil Co., Ina's performance of its obligations under Ordinance Number
l�ssa.
e. Whenever the Gas Inspec�or or ihe Dircctor of Transporta�ion and Public Works
Department finds that a default has occurred in the p�rformance of any requirernent or
condition impnsed by this Agreement, a written notice shall be given to 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 o£ Transportation and Public works Department to be
reasonably necessary for the completion of such work. After receipt of such nptice, the
Operator shall, within the tirne therein specified, either cause or require the work to be
performed, ar€ailing to do so, shall pay over to the City one hundred twenty-five percent
(125%) of the estimated cost of doing the work as set forth in the notice.
d. The City shall be authorized to draw again�t any irrevocable letter of credit or bond
to recover such amouut due from Operator. Upon receipt of such monies, the City shall
proc�ed by such mode as deemed convenient to cause the requirsd war�C to be performed
and cornpleied, but no liability shall be incurred other than for the �xpenditure of said surn
in hand.
e. In the event 4perator does not cause the wark ta be perf�rmed and �ai�s.�o.r r�r�,���� i
pay over to the City the estimated cosf of the woxk to be done as set for� �rA �i��l�ti�;�. ��r �
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the issuer of the security instrument refuses to honor any draft by the City against ihe
applicable irrevocable letter of credit o� bond the City may proceed to obtain compiiance
�nd abat� the default by way of civil ac�ian against Qp�ra�or, or by criminal action against
the Operato�r, ar by both such methods.
f. The cancellation of any band or letter of credit for the sole purpose of the repair of
roadways will not r�lease ihe �bligation of the Operator to me�t all requirements of
insurance and bondang under the Fort Worth "Gas Dril�ing and Productian" Ordinance. Any
bond required by the Fort Worth "Gas Drilling and Productian" Ordinance shall stay in full
t'orce and effec# until the terms and conditions set out in the Ordinance are met.
3. If the cost of the completing the repair is an amount of $15,oaa ar less, as
deternuned by the Dixector of Transportatian arzd Public Works, cash in the a�nount necessarq to
complete the repairs, as deterninied by the Director of Transportation and Public Worlcs, may be
deposiied with a bank or escrow agent pursuant io an escrow agreement acceptable and approved
hy the City ens�ring completion af the repair.
ARTICLE S
MISCELLANEOUS PROVISIONS
1. Operatar understands and agrees that Operator, its employees, servants, agents, and
representaiives sha11 at no time represent themselves to be employees, servants, agents, anci/or
repz'esentatives ai the City, The City shall not have any control over the means or methods by
which Operator shall perfo�rmm its obliga.tions hereunder. Qperator shall furnish aIl equiprneni and
materials nacessary tv perfarm hereunder and shall at all times be acting as an independent
Operatar.
2. By entering inta tl�is Agreement, the City does not waive, nor shall it be deemad to
waive, any immuniiy or de�ense tkaafi would atherwxse be available to it againsi claims arising by
�Ylll'Cl p�i�5.
3. This Agreement repr�sents the entire agreement between Operator and City for
repair of roadways and supersedes all prior negotiations, representatians, and/or agreemenis, �ither
written or oral. This Agreernent may be axnended orily by written instrument signed by the
governing body of the City or those authorized to sign on beha�f of the City's governing body.
ARTICLE 6.
FORCE MAJEURE
Events of Force Majeure shall mean any contingancy or cause beyond the reasonable
controI of a party including, u+ithout Iimitation, acts o� God or the public enemy, war, riot, civil
comrnotion, insurrection, government ar de facio go�arnmeni action (unless caused by acts oz
omissions of the party}, fires, �xplosions, rain or other weather delays, floads, strikes, slowdowns
or work sto�pages.
ARTFCLE 7.
ASSIGNABILITY/CONSENT
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Except as otherwise provided herein, or except as may be hereafter determined hy the
parties, no party to �his Agreement may sell, assign, or transfer its interest in this Agreement, or any
of its right, duties, or obligations hereunder, without ihe prior written consent of the other party.
Whenever the consent or t�ie appraval of a pariy is required herein, such party sha11 not
unreasonably withhold, delay, or deny such consent or approval. Operator may assign. th�s
Agreement to any successor entity to whom the applicable Gas Well Permit has heen assigned upon
written notice to the Cxty a� said assignment.
ARTICLE 8.
N�TICE
Any notice givan by one party to tha other in connection with this Agreemenfi shall be in
writing an.d shall be by personal delivery; sent by registered mail or certified mai1; 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 Burnett Oil Co., Inc.
Bumett Plaza— Suite 150Q, Sal. Che�xv �treet Unii #9
Fori Worth, Texas 76102-6881
Notice sha11 be deemed to have been received on the date of receipt as shown on the zeturn receipi
or other written evidence of receipt.
ARTICLE 9.
MODIFICATION
No waiver or modification of this Agxeement or a� any covenant, condinon, limitation
�erein contained shall be valid unless in writing and duly executed by the party to be charged
therewi�th. No evidence of any waiver ar modification shall be offered or received in evidence in
any proceedir�g arising bet�veen the parties hereto aut vf or affecting �his Agraement, ar �he rights
or obligatinns af the parfiies hereundex, unless such waiver or rnodification is in writi_ng, duly
execuied. The parties further agree that the provisions of this Article wi11 not be waived unless as
herein set forth.
ARTTCLE 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, il�egal, or unenforceable in any respect, such invalidity,
illegality, ar unenforceability shall not effect the ather �rovisions, ax�d the Agreemen� sba11 be
construed as if such invalid, illegal, or unenforceable provision had n.ever been con#ained in this
Agreernen,t.
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ARTICLE 11.
GOVERNING L�1W AND VENUE
This Agreement shall be construed under and governed by, and in accardance wifh �he 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 ar the United States District Court for
the Northern District of Texas, Fort Worth Division.
ARTICLE 12.
ENTIltE AGREEMENT
This Agreement and the exhibits attached thereto, constitute the entire agreement among the
parties hereto with respect to the subject rriatter hereo�, and supersede any prior understandings or
written or oral agreemenfis between the parties with respect to the subj ect matter of this Agreement.
No amendrnent, modification, cancalla�ion ar alieration of the terms af this Agreement shall be
tainding on any pa.rty bereto unless the same is in writin�, dated subsequent to the date hereof, and
is duly authorized and executed by the pat�ies hereto.
ARTICLE 13.
W�IVER OF TERMS AND CONDITIONS
The faiIure of either party to enforce or insist upon compliance with any af the ie�ms or
conditians of this Agreerr�e�t �hall nat constitute a general waiv�r or relinquishanent of any such
terms or conditions, but the same shall be and remain at aIl tirnes in full force and effec�.
ARTICLE 14.
CAPTTON�
The captions contained in this A.greement at'e �ar informa.tional purposes anly and shall i�ot
in any way a�fect the substantive terms or conditions of this Ag�eement.
ARTICLE 15.
COUNTERPARTS
This Agree�nent may be executed in any number of counterparts, each af which shall be
deemed an ariginal, and constitut� one and the same instrument.
IN WI'�`NESS WHEREOF, the pariies do k�ereby a�fix their signatures and enter into this
Agreement as af the day of � , 20
ATTEST:
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City ecretary
CTTY OF FORT WORTH
By: � K ! �
'� Gar�' �cJ�or�.���
I �,
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APPROVED AS TO FORM
AND LEGALITY:
David Yett, City Attorney
By; cCJ�,�c�t.. � .r-`-'�$u-c �
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STATE QF TEXAS
COUNTY OF TARRANT
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�'' Operatar
Willia�n D. Pollard
Burnett Oil Co., Inc.
Before me, the undersigned notary p�tblic, an this day personally appeared Gary Jackson,
the City Manager of the City of Fort Worth, Texas, known to me io be t�e pe:�sa� whose name is
subscribed to the faregoing instrument, and acknowlt;dged to me that he/she execufed ihe
instrument for the purposes and cansideration therein expressed.
' eal of office this
,��t�Y ��%��. PAT�Y COx
n s• �
zr�ti*; NOTARY PUSLIC
� �; State vf Texas
��'�;o�'r� f' Gomm Exp 12-1 B-2�Q4
., _ ,..., ,�� . - „ ,, .
STATE OF �Texas
COUNTYQF Tarrant
day af �_� _ � , 20.
Nc��ary ��tblic
Before me, the underszgned authority, a Natary Public in and for the �tate of Texas, on this
day personally appeared iWilliam D. Pollard , lcno�vn to me ta be the person
whose nama is subscribed to the foregoing iustrument, and acl�owledged to me that xhe sa�ne was
the act of Burnett Oil Co., Tnc. {the corporation} and that he e�ecuted the same
as the act of said Burnett OiI Co.. Ine. {co�oration) for the puiposes and
consideration therein expressed and in the capacity therein stated.
Given under my hand and seal of o�f ce thi.s � day af , 2��.
:�-� DE��A �. �f���lW
; Alatary Rt��l6�� �ti6o 68 %i
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EXAIB�T B
BURNETT OIL CO., INC.
MI1VT CREEK L�:ASE
TARRANT COUNTY, TEXAS
PROPOSED TRA�TSPORTATION ROUTE MAP
SCALE
p 1/a !/E 3/4 1 MILE
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EXHTBIT "7"
C{iY �� ��RT I�ORTH, T�XAS
GA5 DR{LLlf�G AP�b Pi�t?QUGYlOh�. ��Nd
J3ond No. B34231729
THE STAT� C}F TFX�S §
�N�W AJ�E. �Y iH�S� PRESE�lTS:
CO41f�TY O� i�►RRAF�'T §
T1�at 1Ne, �urne�t Di�. Co., Inc., Fart Worth, TX �
�S, pr�ncipat, �11t� Gulf Insurance Co�[npany ►
as �ure�y, are f�eld an� fiirmly �au�r� unto the City �f F�rt Worth, Texas, in the
p�nal sum of F�FTY THOUSAI�➢ A� N0/100----C�o{lars ($ so,oao.00�---,AOj goocf
and law��t! money ofi the l}nited S#ates of America, we�l ar�d truly to be paid for
the paymer�t raf which we, aRcf each of us, herefay bit�d ourselves, r�ur �eirs,
exec�tors, administrators �nd s�cce�sprs, jointfy and severaliy, fi�`mly by these
presenfs
YH� COl�NDtTI�fVS O� THIS fl�LICA�'1�N �RI� SVCH `�i�,l�i'
�UWER��►5, th� abov� principa! desires to dri[{ a gas well withir� t#�e
corpo�ate �imits of the C'rky o� ForE Wc�rth and has camplied wi�� �IE the �.errns anci
conditions 4# City of Fort Warth Ordinar�ce No, 1488D (the "4r�dinance"} of the
City af Fort Wvrth, Texas, �nc! has applied tfl the Direc�or �f Devela�mertt for a
Gas UVe�I Permit as prc�vided for and defined in said ordinance
f�OVi1, iH��EFaR�, if said principal sha�l fuiEy comply with the terms of
t�e Ordinance, t�ren this ab(iga#ior� shali ae null and void, o#�erwise t� �'emair� in
full force ar�d ei�ect: provided, however, this k�ond is a�cec�ted }ay the surety on
the condifiion fhat �#s liab�lity shail be limited by and sub�ec� #o tf�e concfEiians and
provisions h�;re�r�der car�tained.
Successi�e actions rnay be bro�gh� an this bond fi�r successive breac�es
of �ts canditions o� any af t��rn; provided, haw�v�r, #hat the total sum af a�l
kiabiiity af the su�ety an at�y ar�e �r a�l of such ac#ians shali not axceed a toial
Si�171 O� �"IFTY THQUSAND-------DO���I"S �� ------50, QOOQQ�.
This band canna# t�e ca�cefed and shali remain in effect ��r a peri�ci of six
(6j mor�ths after the expi�a#ian of the Gas We�l Permit �r until the gas welf is
piugged and aban�lot�ed and the site of the wel� restored, which ev�r occurs
earlier; provided, �owever, any claim aga�ns# this bond rnay be b�ou�ht wit�in
twa (�) years fol�ow��� the expifation of the Gas W�II Perrnif or th� plugging and
aband�nment of the well, whichev�r occurs first.
Th� Surety waives all defenses wi#i� �espec� to natices af default, not�ce of
extension of time, demand and diii�ence, and fu�ther waives ar�y def�nse related
to the City's �ai�ure ta inst�tute legal actiar� a�aEnst the Princfpal.
IN WITNESS WHEREnF, the said Principal and the said Suraty have �set
�heir hand and seal tf�is the ].4t� ��y Q� �ebxuary �p o3 ,
Buznett Oi� Co „ In�.
' ,�
B ' _ .�1,�'rf�
� '� Pri�cipal
Gu1f Insuranca Company
S r #y
By:
Tracy L Gingras Attorney-in-Fa�t
Agent Information;
McQuearp Henry BowJ.es Troy L�'k'
301 Co�erce �t., Su�.te 2pQ
F'ort Worth, TX 761Q2
a� _ �
���� �����pl�o{�� ��i�r���
�i����v��� ca�un��cYi�su�
I'OWER �F ATTORI�TE`Y
ORIGINALS OF fiH15 POWER OF Ail'OHNEY ARE PRINTED ON BtkJE SAFETY PAPER WITH TEAI. INit.
KNOW ALL MEN BY THESE PRESENTS: That tt�e Gulf Insurance Company, a corporation duly organizeq under ihe laws o# the State nf Cannecticut, having
its pri�cipal office in the city of Irving, Texas, pursuant to the follawing resofutian, a�npted 6y the Finance & Executive Committee of tf�e Board of �irectors
of the said Campany on the 10th day of August, 1993, to wit:
"RESOLV��, that fhe President, Executive Vice President or any Senior Vlce President o1 the Company shall have authority to make, execute and deliver a
Power of Attorney constituting as Attorney-in-Fact, such persons, #irms, or corporafions as may be selected from time to time; and any such Attorney-in-Fac4
may he removed and the authority grantetl him revoketl by the President, or any Executive Vice President, or any Senior Vice President, or by the Board oi
Directors or by the Finance and Executive Committee of the Baartl of Dlrectors.
RESOLVED, that nothing in this Pawer oi Rttorney st�all be construed as a graFlt af authority to the a�torney{s)-in-fact to sign, execute, acknowledge, deliver
or atherwise issue a policy or paiicies oi insurance an 6ehalf of Gulf Insurance �ompany.
RESOLVE�, that the signature of the President, Executive Vice President or any 5enior Vice President, and the Seal of the Company may be affixed to any
such Power of Attorney or any certifica#e relating thereto �y facsi�iie, and any such powers so executed and ce�tified by facsimile signature and facslmile
seal shall be valid antl binding upon the Company in the 4uture v�ith respect to any bond and documents refat{ng tn such bonds to whic� they are attached."
Gulf 1Rsurance Company does hereby make, constifute and appaint
MTCHELE DEGNON TOM P, ELLIS, ]II JUH1�T D. FULKERSON
DONNIE D. DOAI� KAE GIBBONS TRACY L. GIlVGRAS
1VIICHELE MA�ItYE MARIANO JANIES NIICHAEL RUTLEDGE
its trus ar�d lawful attorney(s)-in-fact, with fuil power and authority hereby cor�ferred in its name, place and stead, io sign, execute, acknawiedge ar�d deliver
in 9#s behalf, as surety, any and all bonds and �ndertakings of suretyship, and to bintl Gulf Insuranee Company thereby as fulfy and to the same extent as if
any bonds, undertakings and documen#s relating to sucfi� bonds and/or undertakings wete signed 6y the duly a�t�orizetl ofticer of the Gal# Insurance Company
and all the acts nf said atiorney(s)-in-fact, pursuant to the autharity herein given, are hareby ratified and coniirmed.
The obliga#ion of ti�e Company shafl not exceed five millian (5,000,000) dollars.
IN WITNESS WHEREOF, #he Gulf lnsurance Company has caused these presenis in be signed by any atfieer o# the Gompany snd iis Corporate Seal to
be here�o affixed.
\�v���,�o GUL� lIV3UitANCE COMPANY
c�� c,��'�O�TF ��
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STATE QF NEW YORK ss "oyNE��cs`
COUNTY OF NEW YQRI{ � Larn�ence P. Miniter
Executive Vice President
Un ihis'!st day af Octader, A� 2Q01, defare me came Lawrence P. Miniter, knawn 1a me personally who being by me duay swarr�, did depose and say:
thal he resides in the Gaunty of B�rgen, State n1 New Jersey; fhal he is ti�e Exec�iive Vice President of ihe Gulf losurance Company, the corporatfon descr�6�d
in and which execnled ihe abave insirum�nt; ihai he knows ihe seal oi safd corporation; thai the seal aifixed to the said insiruments is such carpora�e seal;
ihai it was so affixed by nrder of fhe Board of Directors ai said corparatian and ihai he signed his name, therefo hy like order.
��`'`�r'�eF
� 2° 'a'g� ` a
� �
STAT� OF N�W YORK � �S ��.a�/61.�G�
COUNTY OF I�iEWYORK �fiN�
%r
� .�_! �
AiVGIE MAHABLR-BEGAZO
Notary Public, 5tate of New Yark
Nn. O1MAbQ19988
Qualified in Kings County
Con�missivn Expires February 16, 20U3
I, ihe undersigned, SeniorViee P�esldeni atih� Guii Insuranee Cnmpa�y, a Con�ecficul Corpuratiun, DO HEREBY CERTIFY thatihe faregoing and attactsed
POWER OF AiCORI�EY remains x� f��ll Tarce. ��
5igned and 5ealed at the Clty of iV�;vi�ork.
. k\tySUAANCECp�
��� �o��o�l� �.i
�
S�+ �A�.
n
, �tiNECZ�G
Dated the 14th �$y of February � 20 03
�� �
� � �
Gearge Biancardi
enior Vice �resident
in��o��r��� �o���r�
TO OBTAIN INFORMATION OR MAKE A COMPLAIfJT
YOU MAY CONTACT THE TEXAS DEPARTMENT �F
�INSURANCE TO OBTAIN [N�ORMATiON ON COMPANIES,
COV�RAGES, RIGHTS �R COMPLA�NTS AT:
'I -�0����2-3439
C:
YOU MAY WRITE THE TEXAS D�PARTMENT OF INSURANCE:
P.Q. BOX 149104
AUSTIN, TX 78714�9'[04
FAX # 5'! 2-475-'1779
�R1�1U�IEl� O� CL.,�lh� DI�PI�Y�S:
SHOIJL� YQU HAVE A DISPUTE CONCERNING YOUR
PREMIUM OR ABOUT A CLAIM, YOU SHOULD CONTACT
THE AGENT OR COMPANY F�RST. IF THE DfSPUTE IS NOT
RESOLVED, YOU MAY C(�NTACT THE YEXAS DEPARTMEhJT -
O� f NSURAIVC�.
ATTACH THIS I�OTICE TO YOUR PO�,ICY:
THIS NOTICE IS FOR INFDRMATI4N ONLYAI�ID DDES lV4T
BECOME A PART OR CONDI TlQN �F TNE ATIACHE'D
DOCUMENT.
r ' �
. , -' ' .
�N WfTN�SS V`1HEREQF, �he said Principal and the said Surety have s�#
their hand artd seal this tihe �4�� day of �'��xuaxy 2p o3 ,
BUY'Ae�� Oj.x CQe, Inc.
� �—
� ,��-
� Principal
Gu1f Tnsurance Company
S f �y
�y : �'-��
Tracy L Gingras AttO�'riBy-in-Fact �
Agent InformaCion:
McQueary Henxy P�owles Troy i�T,'!'
3Q1 Cnmmerce St., Suite 200
�'or� Wor�h, TX 75IO2
�� � '' �
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- �1�OF�, CQPIPI�� 6�
��'IWER ��' AT'T���
- ;a �- -- -�.: ,nr �� , n K - -z -- -.�_
�! �►i.� I�- - - � - -- - - ---�IT9' Th�t ttn i3u� Insu � �, t �c . .. . . _ ��ed under th� law� of thc B�ate af �nectic: � .-. --
;ipal offJ • .� �� ��_ Texas, pur��ant to t�+� . � -�c dutlr+r� ._ . , , - -.--. - .ar� i E�ncutive �ammltte� af tha Boa�rd wf
yd CamE . �,�n -- - .
•- �--- `-• -- -- otr�a�r st�11 t�re �uthorliYY t� mahe, n��ub yn/ �li►nr �
;4LVVEi3, ttw� tne Prr�s�. �` ---- �- _ - °�retldsnt �t thf C
�afl�tama�rcanatiiuu�� z • � - - - - -�- . .
.- : .:; �hr� n �,
rrtia �r.�ue i p4��:y _ �
cn'11C}� .�,-` _ ,_. _ _ �__.___.. —_.. ._ _ ..
A�i7WL�GiY. H�I�L � � - .' - ' ' ti " --' - ' ' - . ',- - - � � _,--� .
�'.h PO�ilOf 4f Atter��w � .�.,� .�rn. . , _.:n pu,.m� . d���.� „�a �vrn�.a� ar ._�-_ ,��.�_ .•--- -
�d Ahall C+� ►�tu i r �lr� U� , wlth rABR�Ct t9 �1np boRd uh� d�um+�ttta relaiil� to suctl �1oT1d� to wfliCh t17eY i�i
NIICHELE DEGIlT01�T TOM P. ELLTS, T�r JOHN D. FULKERSOI�
DOl�illTIE D. DOAI� KAE G��BONS TRACY L. GINGRA5
NIICHELE MAR�E MARIANO JAIVIES NIICHAEL RUTLEDGE
.. ►t. , _. . , , __ _ .- .
Et� mrhe� �s rrd � t�and� and o�0�t�ic�n�s d�ur�Eyst��p, amd te� �i�d �mu1f I�svrar�c�e �mp�rY'th�by �
i bc -' �Jc�r Madett�kint� weFe �g�d by �r� d�ly aliihc�ed affi� .r�iCr vQn�pdirf'
.d �' ► . �r herein �ivnn, s� hereby r�ti�ed and coniirmb. �
_. � � -. -- ; -- - . .. _ . _. .. , ._ ooDy �uil�ra,
IM Wli'f1E6$11MWEEAE�F, �� Ba111n�ur�nW Caa�pmy h�� au�. •. ��nb !� A# eipiw� � mY oTlta� of M�� Com�ry M1d Iht C�r'ort� i�N h
1�� A�nhp sAh�ad. -
� � . � -ifla �7Yii"'wy �r�i
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,� a�"�`'. � I
�'P'.�Ir �� -�. .,.. - �- I- i v .. . . �`�
�l"A'TE Ol� iVEW'1'�RIL � 5;e ��t�
COUNT1f d� �= ' �'`'� --- - �.,. -�
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fla #�le 1s# d�y � -- IO#, i�eion mt pmE L�wnpa � Mlnliw. �na�m li .� rh� �� Iy ns duir swm�n, .�Id dMa�e �n� ;
Ih�t he n���in � �n, �Itb o1 N�wr �e�; lath� it-� Et�emNr�e Vip M 8r1�1�re*' ''� t��rWu dr I
A1 mQ wi11�t1 !�■ �.� �.�.. ����humm� �II M NiNri �»el N �sid �powllml rl�if� t0 � t�i � k wch eer�il: ;
IMt t� r�a �o �fllsd b�r �rd� � IM �i� of Qlr� �1 ul# rir�r�if� and tlat IM �r. iMr� 6� IU ,
�`� � � - � � ' � " -
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"�"T- F-:� Sr�i7F�! \r= -3'!" � � y'�' � �� ��! N� .• .
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.. _!; w��rvr
�f a. � r! -uer_! - - --
' , . - Daerd 14th Fe�ruary �3
_w __ �_. _ ._ ' � .
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II�IP�Ri�Ni I��T���
TO OBTAIN INF4RMAT.IQN OR MAKE A COMPLAIfJT
YOU MAY CONTACT THE TEXAS DEPARTMENT OF
�WSURANCE TO OBTaI�I INFORMATIQN ON COMPANIES,
COVERAGES, RIGHTS OR COMPLAINTS AT:
� ��ov�a��-����
YOU MAY WRlTE THE TEXAS DEPARTMENT OF fNSURANCE:
P.O. BOX '149� 04
AUSTf N, TX 78714�9104
FAK # 5'f 2-47�-� 771
PR�f9�[UM �FZ CL�,Ii� �l�Plli�S:
SHOUI�D Y�U HAVE A DlSPUTE CO�JCERNING YOUR
, PR�MI�M OR AB4UT A CLAIM, YOU SHOl1�D CON7ACT
THE AGENT OR COMPANY FIRST. !F THE DISPUTE IS NOT
RESO�VED, YQU MAY CONTAGT THE TEXAS qEP/�RTMENT
OF ]NSURANCE.
ATTACH THIS NOTiCE TCi YOUR POl�1CY:
THIS N(]T�ICE IS FOR INFORMATION 0111LYA1VD DO,ES IVOT
BEC�ME A PART OR COND1T10N �F TNE ATTACHED
DocUM�Nr.
� .
T�: Sarah u enwider, Asst. City Att
From: JoY�n ��; Developm�nt Servic�s Admin.
CC: File -Q03-OOb
Date: 03f2 03
Re: Road Maintenance Agreement
Attached is a signed Road Maintenance Agreement and Bond rn compliance with the Gas
Drilling 4rdinance 14880. T1ae xet�uest far a gas drilling pemlit on this site conforms to the
rural drilling standard� of the Ordinanee.
Also attac�ed is a copy of the drilling site map and an access raute map identsfying ihe city
streets involved in accessing this site.
Please review and endorse fhe agreement. Upan completian by the City Manager, please
retum a capy far my files and I will provide a copy to the applieant,