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HomeMy WebLinkAboutPR 14663: HSC PIPELINE PARTNERSHIP & TE PRODUCTS PIPELINE COMPANY, LLC - PIPELINE PERMITSPUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO TO: Steve Fitzgibbons, City Manager FROM: John A. Comeaux, P.E., Director of Public Works SUBJECT: P.R. No. 14663 -HSC Pipeline Partnership, LLC and TE Products Pipeline Company, LLC -Pipeline Permits DATE:. April 1, 2008 RECOMMENDATION: It is recommended that the City Council approve Proposed Resolution No. 14663, authorizing the execution of Major Pipeline Permits to HSC Pipeline Partnership, LLC for the installation of two (2) product lines and to TE Products Pipeline Company, LLC for the installation of Eight (8) product lines, within the corporate limits of the City of Port Arthur. BACKGROUND: HSC Pipeline Company, LLC has made application for major pipeline permits to install two (2) products lines and TE Products Pipeline Company, LLC has made application for major pipeline permits to install Eight (8) products lines within the corporate limits of the City of Port Arthur. These lines traverse a route that begins neaz the Northerly City Limits located on the West side of West Port Arthur Road (Spur 93) just South of the BASF Plant extending to the southeast for a distance of 55,989 feet, terminating within the Motiva Refinery adjacent to Highway 82. A Public Hearing for the requested pipeline permits was held on Tuesday, Mazch 25, 2008 at 9:00 A.M. in the City Council chambers to allow input from the public and other interested parties. The Citizen's Pipeline Advisory Committee meeting was held on Mazch 18, 2008 and their recommendation to issue the permits was read into the record of the public hearing. All requirements have been met by HSC Pipeline Partnership, LLC and by TE Products Pipeline Company, LLC for the Major Pipeline Permits including a Bond of-$45,000.000 by each Pipeline Company, and permit fees of $1,500.00, for each line, totaling $15,000.00. The Director of Public Works and Director of Planning have reviewed said application. BUDGET/FISCAL EFFECT: The permit fees of $15,000.00 will be deposited to Account No 001-0000-322.81-00. EMPLOYEE/STAFF EFFECT: None Page 2 SUMMARY: It is recommended that the City Council approve Proposed Resolution No. 14663, authorizing the execution of Major Pipeline Permits to HSC Pipeline Partnership, LLC for the installation of two (2) product lines and to TE Products Pipeline Company, LLC for the installation of Eight (8) product lines, within the corporate limits of the City of Port Arthur. -Q~ O..C~.ou.,.F.. , Q.E J hno A. Comeaux, P.E. Director of Public Works ` P.R. No. 14663 Date: April 1, 2008 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF PIPELINE PERMITS 08-O1 AND 08-02 FROM THE CITY OF PORT ARTHUR TO HSC PIPELINE PARTNERSHIP, L.L.C. FOR THE INSTALLATION OF TWO (2) PRODUCT LINES AND THE EXECUTION OF PIPELINE PERMITS 08-03' THROUGH 08-10 FROM THE CITY OF PORT ARTHUR TO TE PRODUCTS PIPELINE COMPANY, L.L.C. FOR THE INSTALLATION OF EIGHT (8) PRODUCT LINES WITHIN THE CORPORATE LIMITS OF THE' CITY OF PORT ARTHUR, BEGINNING NEAR THE NORTHERLY CITY LIMITS LOCATED ON THE WEST SIDE OF WEST PORT ARTHUR ROAD (SPUR 93) JUST SOUTH OF THE BASF PLANT EXTENDING TO THE SOUTHEAST FOR A DISTANCE OF 55,989 FEET,. TERMINATING WITHIN THE MOTIVA REFINERY ADJACENT TO HIGHWAY 82. WHEREAS, HSC Pipeline Partnership, L.L.C. has duly made application for permits to install two (2) Product Pipelines within the corporate limits of Port Arthur, Texas and TE Products . Pipeline Company, L.L.C. has duly made application for permits to install eight (8) Product Pipelines within the corporate limits ofPort Arthur, Texas. The pipelines to begin neaz the northerly City Limits located on the west side of West Port Arthur Road (Spur 93) just south of the BASF Plant extending to the southeast for a distance of 55,989 feet, terminating withinthe Motiva Refinery adjacent to Highway 82; and, WHEREAS, the members of the Citizens Pipeline Advisory Committee met on Mazch 18, 2008, a copy of the Pipeline Advisory Committee's recommendation of approval being. attached hereto and made a part hereof as Exhibit "A"; and, WHEREAS, the Public Hearing for the requested pipeline permits was held on Mazch 25, 2008; and; WHEREAS, the Director of Public Works and Director of Planning have reviewed such application and now recommend that these permits be granted pursuant to Chapter 66 (Oil and Gas) of the Code of Ordinances City of Port Arthur, Texas, to install and maintain said pipelines for the transportation of Products within the City in accordance with the routing set forth in the Permits attached hereto and made a part hereof as Exhibit "B"; and, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT, the Mayor be and she is hereby authorized to execute on behalf of the City Pipeline P.R. No. 14663 Page 2 Permits 08-O1 and 08-02 to HSC Pipeline Partnership, L.L.C. for the installation of two (2) Product Pipelines within the corporate limits of the City of Port Arthur, Texas and City Pipeline Permits 08- 03 through 08-10 toTE Products Pipeline Company, L.L.C. for the installation of eight (8) Product Pipelines within the corporate limits of Port Arthur, Texas to begin neaz the northerly City Limits located on the west side of West Port Arthur Road (Spur 93) just south of the BASF Plant extending to the southeast. for a distance of 55,989 feet, terminating within the Motiva Refinery adjacent to Highway 82, as set forth in Exhibit "B" and made a part hereof; and, THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED this the Day of , A.D., 2008 at a Ayes Mayor: meeting of the City of Port Arthur, Texas by the following vote: Noes: Mayor Attest: City Secretary APPROVED AS TO FORM: (SEE CONFIDENTIAL r4@f0) City Attorney P.R. No. .14663 Page 3 APPROVED FOR ADMINISTRATION: ~~, Steve itz City Manager ~- .Q~- Jo A. Comeaux, P.E. Director of Public Works Dale Watson Director of Planning EXHIBLY ~A" March 20, 2008 Mayor and City Council City of Port Arthur P.O. Box 1089 Port Arthur, TX 77641 Dear City Council: The Citizens Pipeline Committee met on March 18, 2008 at 5:30 p.m. at City Hall to consider the pending permit .request by TEPPCO Pipeline for the installation of ten (10) pipelines to serve the Motiva FacilityJocated in Port Arthur. After a presentation by the City's Director of Public Works, a presentation by TEPPCO representatives and a thorough discussion of location and safety issues by the Committee, the Committee voted by a margin of 5-0 to recommend to the• City Council that TEPPCO be granted a permit for construction of the pipelines. A copy of the minutes of the meeting is attached for your review. The Committee's recommendation will be read into the record of the Public Hearing regarding issuance of the permit to TEPPCO to be held at 9:00 a.m. on March 25, 2008. Respectfully submitted, ~,Q.E. John A. Comeaux, P.E. For Citizens Pipeline Advisory Committee Attachments: Copy of Minutes z: Katherine/letters/pipeline mayor and council 20081TEPPCO Minutes of Citizens Pipeline Advisory Committee March 18, 2008 TEPPCO Pipelines-Originating at the Motiva Refinery Attendees: John Comeaux Howard Lewis Harrison Hill Barbara L. Edmonson Robert L. Troy EarFTezeno Mike Capello ]ohn Jewet Todd Mayfield Paul D. Lair ]anett Davis City of Port Arthur - 409-983-8189 4021 3rd Street 409-982-1241 621 Gizele 409-736-1220 5200 Roosevelt 409-960-1087 5123 Roosevelt .409-960-1087 1031 Williford 409-983-2913 MPH for TEPPCO/HSC .985-879-2731 EPCO 713=381-7918 EPCO 713-803-2519 EPCO 713-304-6802 EPCO/PCS 713-952-7380 The meeting was opened by John Comeaux, P.E., Public Works Director, who explained the purpose of the work session. Mike Capello (representing TEPPCO) made a presentation to the committee on the routing of. the ten (10) pipelines which originate at the Motiva Refinery. Items Covered were: Temperature/pressure of the line. Various routes that were considered. Reasons for the final route selected. Safety features associated with the line such as -automatic shutdowns, monthly inspections, materials of construction, pigging operations, etc. After the presentation and discussions, the committee voted to recommend to the City Council that a permit for construction be granted. z:Katherine/letters/pipeline committee minutes 2008 TEPPCO EXHIBIT ~~B" CITY OF PORT ARTHUR. JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: _HSC Pipeline Partnership LLC NO P.O. Box Houston, TX 77210-4324 DATE: The City of Port Arthur, pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-named pennittee for the INSTALLATION of a proposed (I)-6" PROPANE pipeline(s) to be located in accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood that the City of Port Arthur does not hereby grant or purport to grant any right, claim title, interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and that the City may require the owners, at his expense, to lower, adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Permittee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline required because of street improvements, utility or storm sewer crossings within the public rights-of--way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) within any public street, easement, alley, right-of--way, or grounds shall be performed in accordance with instructions of the City Engineer of the City of Port Artfiur and permittee shall notify said City Engineer by letter in his office, forty eight (48) hours prior. to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE, Permittee shall notify the City Engineer of such completion in order that the City Engineer may make a final inspection thereof. Special conditions for constructing, replacing or relocating pipeline(s) within the City are as follows: A. All pipelines within or across Public rights-of--way shall be constructed with pipe meeting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline will be located longitudinally under any existing or proposed pavement. 2. All existing improved streets shall be crossed by the bored method, and boring shall extend the full width of the street right-of--way plus a minimum of one (1) foot beyond said right-of- way. Provide mazkers in accordance with Section 66-60. 1 3. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City Engineer. Repairs or restorations will be made in such manner as to equal or exceed the original condition and smoothness that existed prior to construction or operation of pipeline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original: 5. Any pipeline crossing under any improved street may be required to be cased for a distance. not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product carried in line shown on these vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shalLbe covered to a minimum depth of (4) feet below the ultimate flow lines of any existing ditches, which it crosses under. 8. The owners of anypipeline under construction shall provide flagmen, barricades, flares, and signs for the protection of the public for the duration of the work as instructed by the City Engineer. 9. Other conditions or restrictions deemed necessary to provide for full use of the public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, exceptas otherwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintained in accordance with the latest approved minimum standazds established by the American National Standazds Institute, United States Depaztment of Transportation and other pipeline regulatory agencies. Where there aze different standards among such agencies, the most stringent standazd shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be made as required by each section upon discovery of any leak or possibility of any leak within the City of Port Arthur. This notification shall include the information set out in each section, as well as all other significant facts known by the carrier that aze relevant to the cause of the failure or extent of the damages. 13. Pursuant to Section 66-62, permittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall provide at a minimum the information required on the most current Texas .Railroad Commission's leak. report form. Upon request, such companies shall provide the following: 1. Construction records and test reports. 2. Operating and maintenance procedures. 3. Emergency plan. 14. The provisions of this permit shall be subject to any Federal and State legislation, rules, or regulations enacted or adopted, or which shall be here after enacted or adopted, to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. I5. Hydrostatic test reports generated during construction are to be furnished to the City. 16. Permittee agrees that if in the event it becomes necessary to lower case or adjust the line(s) permitted herein because of future street improvements, utility or storm sewer crossings within the public rights-of--way covered by this Permit, said line(s) shall be lowered, cased or adjusted at the sole expense of the Permittee or its assigns. 17. Pennittee agrees to install pipe with a reinforced concrete coating within the limits of 600 feet before and- 600 feet after passing any developed residential, recreational or commercial areas. HOLD HARMLESS PROVISION This permit is subject to and- incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinances. By acceptance of this Permit, permittee agrees to pay for all damages to or loss of City of Port Arthur's property which are caused by, result from, or arise out of permittee's construction, operation; maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur, and pernuttee further agrees to indemnify and hold the City of Port Arthur harmless against and from any and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever; including all necessary costs and expenses to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulfing from, arising, or growing out of or connected with the granting of this permit or permittee's construction; operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results partly from the negligence of the City of Port Arthur, its agent, servants; or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTHUR BY: TITLE: DATE: ATTEST: City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION ~C~~~, P C Ci Engineer ~~^ ~ ~~- ~I hector of Planning City Attorney 3 All conditions of this Permit are understood and agreed to by Permittee. ACCEPTED: Permittee: HSC Pipeline Partnership LLC Title: ~- ~` '6!'Na~ ~N Date: 2 - t '3 - O ATTEST: Seal 4 AFFIDAVIT. THE STATE OF ~-9[.titrC~nt~ , § COUNTY OF S~Sv~,n`1~ E~~~~ BEFORE ME, the undersigned authority, on this day personally appeared ~~u .l ~.~1 ~. ,known to me to be a creditable person, who after (HSC Pipeline Parfiership LLC Representative) being duly sworn upon oath did depose and say: THAT he is ~-k~-., ~ ti e .. 7 ,.. 1.:,~~- and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is fully cognizant of the facts herein stated; THAT HSC PIPELINE PARTNERSHIP LLC. proposes TO INSTALL (1)-6" PIPELINE THAT WILL CARRY PROPANE. THE PROPOSED PIPELINE WILL BEGIN AT OR NEAR THE TEPPCO TERMINAL IN BEAUMONT TEXAS AND TERMINATE AT THE MOTIVA TERMINAL IN PORT ARTHUR TEXAS. This proposed pipeline has been designed, will be constructed and will be tested in accordance with the DEPARTMENT OF TRANSPORTATION STANDARD CFR TITLE 49 PART 195 "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND PART IV OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with the plans and specifications submitted herewith.. 1-L HSC Pipeline Partnership LLC SUBSCRIBED AND SWORN TO, before me, by the Applicant, HSC PIPELINE PARTNERSHIP LLC, on this ~~ay of 2008 , to which witness my hand and seal of office. ' NOTARY PUB/LI'C IN AND 1~OR THE STATE OF ~-CJU f iR l~C ct ~lai.~~, ff-~urv~s ~O~'~ My Commission Expires: l lf~ BOND # 022-022-578 PIPELINE INSTALLATION BOND THE STATE OF TEXAS COUNTY OF IEFFERSON THAT we HSC Pipeline Partnership, LLC principal, and Liberty Mutual Insurance Company and surety, authorized to do business in the State of Texas, acknowledge ourselves bound to the City of Port Arthur, Texas, and/or any person,' finn or cariwratlon in the penal sum of _ Fourty Five Thousand fi no cents ,,, 45,000.00 _) Dollars, for the payment of which will and truly be made, we bind ourselves, our heirs, executors, and administrators, jointly and severaAy be these presents. The conditions of this obligation, however, are such that, whereas, the.said _ HSC Pipeline Partnership,.IS..C is engaged in the business of constructing, operating, and maintaining a pipeline for the transportation of petroleum products within the City of Port Arthur, Texas, pursuant to Permit No. granted by the said City, said Permit requiring a bond to be furnished in accordance with Chapter 66, Article II, Section 66-57 (a) and (c), Code of Ordinances of said City of Port Arthur, Texas, which said Permit and Section are made a part hereof for all intents and purposes. NOW, THEREFORE, be it understood that Principal will comply with the terms and conditions of Chapter 66, Article II, Sections, 66-51 through 66-69, Code of Ordinances, the aforesaid. Permit issued thereunder, and will promptly pay, within the limits of the penal sum of this Bond, ail damages for loss or injury suffered by the City of Port Arthur and/or any person, firm, or corporation that may result from Principal's operations under said Permit as it pertains to a public street, alley, or other public way or easement within the City of Port Arthur during the period until completion of the installation of the fine or lines is approved in wdting by the City Engineer. This Bond PIPELINE INSTALLATION BOND X022-022-578 PAGE 2 shall inure to the benefit of the City and any person who may suffer a Toss or Injury as stated above. The expiration of the period which this Bond covers shall not affect any daim or cause of action thereon which may have accrued prior thereto, and the Bond shall remain in force and effect as to such prior accrued claims or muses of action. IN TESTIMONY WHEREOF, witness our hands this 17th day of _ January , q,p,~ 2008 HSC Pipeline Partnership, LLC By: Enterprise Products OLPGP, Inc. its sole manager BY: ~ Q. Q/( Libe Mut al I urance Co BY: Carol E. Hoc -Attorney-In-Fact APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION this day of A.D., BY: ~ ~ , Ci Engineer file o:~pipelinepennits\majorpipefinepermitblank ALL PERSONS BY THESE PRESENTS:' 'That-Liberty Mutual Insurance-Company (the-'Company"),.-a Massachusetts stock insurance y; pursuant to-and byauthdrity ofthe By-law and~Au[hodzafion hereinafter set forth; does Fiereby.name,.constitute.and appoint timdividually if there be more than-one named, Os true aril lawful attomey-in fact to make execute,~seal, acknowledge and deliver, for and-on its f as surety and-as its act and deed; an~!.and::all undertakings, bonds, recognizances and other surety obligatiors imthe.penal. sum riot exceeding NTY FIVE MILLION--AND OOT100* *****.'*"' *""* DOLLARS($ 25,000,600 00 1 each, andthe ]lion of such undertakings, bonds;<recdgnizances and other surety obligations, in pursuance pflihese presen4s;~-shall be as-binding upon the - . iahy as if they had been duly signetl.by tfie, president andattested by the secretary of:t}ie Dompany~-in their own ~proper:persons. Ihispowerismade and executed pursuant to and by authonty:df the following By-law aril Authonzation: - xecuhon o ontracts: ection 5. Surety-8dnds and Undertakings. - - _:~._ Any officer ofthe.Company authorized-for that.puryose in writing 6y the chairman or-the president,-and subject to such limitations as the ->- chairman or ttiepresidenimayprescdbe, shallappoint such attorneys-in-fact, as may be necessaryto actin behalf of the Company to make; execute,-seal,acknowledge,and deliver-as surety any: and all-undertakings, bonds, recognizances .and other-surety obligations. Such -~:~ attdmeys-in-fact, subject to the limitations set forth in their respective: powers of attomey, shall have (ullpower to bind-the Company.by their _`: signature and:execution of any such instruments and to attach thereto the seal of the Cbmpany. When so executed such instruments~shall be ?- ~as binding.asif signed by the.president and attested by the secretary. ;following instrument the:chairman or the president has authonzed the officer or otherofficial named therein to appoint attomeys-in-fact: -_ Pursuant-to Article XIII, Section 5 ofae-.By-Laws, Gamet W.. Elliott, AssistantSecretary of Liberty Mutual Insurance Company, is hereby :- authorized to appoint such attomeys-in-fact as.may be necessary to act in-behalf oPthe Company to.make, execute, seal, acknowledge and ~ ~~ deliver as surety any and all undertakings; bonds, recognizances and other surety obligations. ~ o VF andthe Authorization set forth above are tme copies thereof and are now infullforce and effect. (,WITNESS WHEREOF, this Power of Attorney has been subscdbed by an authonzed officer or official of the Companyand the corporate seal of ~ b~e oOMU[ual Insurance Company hasbeen affixed thereto ih Pymouth Meeting,pennsylvania this 24th .day of October Q Q 0 M o, a - _ LIBERTY MUTUAL INSURANCE COMPANY ,~ c :: gm E g~°~ Gamet W: Elliott, Assistant Sedretary y.p. ~MMONWEALTH OF PENNSYLVANIA ss tc RUNTY OF MONTGOMERY w ~~ )n-this 24th day of October 2007 ,before me, a Notary Public, personally came Gamet W. Elliott, to me known, and acknowledged hat .lie is an Assistant Secretary of Liberty Mutual~lnsurance Company; that he knows the seal of said-corporation;-and that he executed the above ?dwerof Attomey antl affizedthe corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IUNY WHF~ijF~iF~;I,ig;Ve,fleicuhto subscribed my name and affixed my notadal seal at Plymouth Meeting, Pennsylvania, on the day and year written. Q. ~sonurE„ °G CERTIFICATE ~~\G __ ; - N`""°°'. Pennsyirenin A~ae~wn dnwedae._ ".. - -. Aqy f~. .. ; I the undersigned, Assistant ecretary of Liberty Mutual Insurance Company; do hereby~certify that the original power of attorney of which theforegoing is a:full; Prue and correct copy, is in full fdrpe~and effect on the'dafe~of thislceitificate; and F-do further certify that the:officer or official who executed the said-power of attorney is an Assistant Sedretary specially authonzed;by tneChairman or tFie'president to appoint7attomeys-in-fact as provided in Article . .. _. ... -- XIII; Section 5 of the By-laws of Liberty Mutual Insurance Company: - ~- - "-- This -certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the ~: #ollpwing~vdte of the board. of directors of Liberty Mutual Insumnce Company at a meeting duly calledand held on the~l2th day of March, 7980. _ - rVOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a _ ~~~cerirfied copy of any power of attorney issued by the company in connection wRh surety bands, shall be valid and binding upon the company - - - - -with the same force and effect as though manually affixed. I - -STIMONY WHEREOF, hav ereunto subscribed my name and affixed the coryorate seal of the said company, this _ '( day of By r r Ravi AA. Carey, Assi81 "t Secretary ~Y~~® TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concemirig a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a parf of or a condition of the attached document. /t is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: HSC Pipeline Partnership LLC NO ' 08-02 P.O. Box 4324 DATE: Houston, TX 77210-4324 The City of Port Arthur, pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-named permittee for the INSTALLATION of a proposed (I)-12 " BZII'ANE pipeline(s) to be located in accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood that the City of Port Arthur does not hereby grant or purport to grant any right, claim title, interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and that the City may require the owners, at his expense, to lower,. adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Permittee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline required because of street improvements, utility or storm sewer crossings within the public rights-of-way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) within any public street, easement, alley;. right-of--way, or grounds shall be performed in accordance with instructions of the City Engineer of the City of Port Arthur and permittee shall notify said City Engineer by letter in his office, forty eight (48) hours prior to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE, Permittee shall notify the City Engineer of such completion in order that the City Engineer may make a final inspection thereof. Special conditions for constructing, replacing or relocating pipeline(s) within the City aze as follows: A. All pipelines within or across Public rights-of--way shall be constructed with pipe meeting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline will be located longitudinally under any existing or proposed pavement. 2. All existing improved streets shall be crossed by the bored method, and boring shall extend the full width of the street right-of--way plus a minimum of one (1) foot beyond said right-of- way. Provide markers in accordance with Section 66-60. 1 3. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City Engineer. Repairs or restorations will be made in such manner as to equal or exceed the original condition and smoothness that existed prior to construction or operation of pipeline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original. 5. Any pipeline crossing under any improved street may be required to be cased for a distance not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product carried in line shown on these- vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shall be covered to a minimum depth of (4) feet below the ultimate flow lines of any existing ditches, which it crosses under. 8. The owners of any pipeline under construction shall provide flagmen, barricades, flares, and signs for the protection of the public for the duration of the work as instructed by the City Engineer. 9. Other conditions or restrictions deemed necessary to provide for full use of the public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, except as otherwise specified above. 11. Said pipeline shall be designed, constructed,. operated and. maintained in accordance with the latest approved. minimum standazds established by the American National Standards Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there aze different standards among such agencies, the most stringent standazd shall apply for purposes of this permit: 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be-made as required by each section upon discovery of any leak or possibility'of any leak within the City of Port Arthur. This notification shall include the information. set out in each section, as well as all other significant facts known by the carrier that aze relevant to the cause of the failure or extent of the damages. 13. Pursuant to Section 66-62, permittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall provide at a minimum the information required on the most current Texas Raikoad Commission's leak report form. Upon request, such companies shall provide the following: 1. Construction records and test reports. 2. Operating and maintenance procedures. 3. Emergency plan. 14. The provisions of this permit shall be subject to any Federal and State legislation, rules, or regulations enacted or adopted, or which shall be here after enacted or adopted, to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof: 15. Hydrostatic test reports generated during construction are to be furnished to the City. 16. Permittee agrees that if in the event:it becomes necessary to lower case or adjust the line(s) permitted herein because of future street improvements, utility or storm sewer crossings within the public rights-of--way covered by this Permit, said line(s) shall be lowered, cased or adjusted at the sole expense of the Permittee or its assigns. 17. Permittee agrees to install pipe with a reinforced concrete coating within the limits of 600 feet before and 600 feet after passing any developed: residential, recreational or commercial azeas. 2 HOLD HARMLESS PROVISION This permit is subject to and. incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinances. By acceptance of this Permit, permittee agrees to pay for all damages to or loss of City of Port Arthur's property which are caused by, result from, or arise out of permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur, and permittee further agrees to indemnify and hold the City of Port Arthur harmless against and from any and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and experises to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulting from, arising, or growing out of or connected with the granting. of this permit or permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results partly from the negligence of the City of Port Arthur, its agent, servants, or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTHUR BY: . TITLE: DATE: ATTEST: A/AP'PRnJOVED FOR ADMINISTRATION /~M\ ~ ~. Ci Engineer ~ ~ City Secretary APPROVED AS TO FORM: -' "~~ ~~ / -1 Director of Planning City Attorney 3 All conditions of this Permit aze understood and agreed to by Permittee. ACCEPTED: Permittee: HSC Pipeline Pa^rtn_ership LLC_ `~~ n i1 ~l~ By: (1fiFo ~ N ~r,,, Gra-~S~ Title: Date: Z- l3-0 ~ - ATTEST: Seal 4 AFFIL THE STATE OF ~ou~ § ~~ ~ COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeaz'ed ~ known tome to be a creditable person, who after (HSC P~pehne Partnership LLC Representat ve) being duly sworn upon oath did depose and say: - ~ - THAT he is " (HSC Pipeline Partnership LLC Representative n e and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is fully cognizant of the facts herein stated; THAT HSC PIPELINE PARTNERSHIP LLC. proposes TO INSTALL (1)-72 ' PAP uLT1aF. and wil 11 soa be constructed in accordance with the plans and specifications submitted herewith. an ~1 ~,~ HSC Pipeline Partnership LLC SUBSCRIBED AND SWORN TO, before me, by the Applicant, HSC PIPELINE day of f~,G Q/{ 2008 , to which PARTNERSHIP LLC., on this witness my hand and seal of office. ~~ ~ZQ ~~~ NOTARY PUBLIC IN t~ND rc~x t nn STATE OF l-d a K ~ ~ p9 ~~ Ela,Ne~ ~ s~uP~s My Commission Expires: ~ ~° ~ ro osed pipeline nas oectt u.,"s"~-' TERMINAL IN PORT ARTHUR TEXAS• This P P constructed and will be tested in accordance with the DEPARTMENT OF TRANSPORTATION _ __.,. ..~rrrn0 DV BOND # 022-022-578 PIPELINE INSTALLATION BOND THE STATE OF TEXAS COUNTY OFJEFFERSON THAT we HSC Pipeline Partnership, LLC principal, and Liberty Mutual Insurance Company and surety, authorized to do business in the State of Texas, acknowledge ourselves bound to the City of Port Arthur, Texas, and/or any person, firm or corporetion in the penal sum of _ Fourty Five Thousand ar no cents ,,. 45,000.00 _) Dollars, for the payment of which will and truly be made, we bind ourselves, our heirs, executors, and administrators, jointly and severalty be these presentr. The conditions of this obligation, however, are such that,. whereas, the said _ HSC Pipeline Partnership, LLC is engaged in the business of mnstructinq, operating, and maintaining a pipeline for-the transportation of petroleum products within the Gty of Port Arthur, Texas, pursuant ro Permit No. granted by the said City, said Permit requiring a bond to be furnished in accordance with Chapter 66, Article II, Section 66-67 (a) and (c), Code of Ordinances of said Gty of Port Arthur, Texas, which said Permit and Section are made a part hereof for all intentr and purposes. ' NOW, THEREFORE, be it understood that Prinapal will mmply with the terms and conditions of Chapter 66, Article II, Sections, 6b-51 through 66-69, Code of Ordinances, the aforesaid Permit issued thereunder, and will promptly pay, within the limits of the penal sum of this Bond, all damages for loss or injury suffered by the City of Port Arthur and/or any person, firm, or corporation that may result from Principal's operations under said Permit as it pertains to a public street, alley, or other public way or easement within the City of Port Arthur during the period until completion of the installation bf the line or lines is approved in writing by the City Engineer. This Bond PIPELINE INSTALLATION BOND 6022-022-578 PAGE 2 shall inure to the benefit of the City and any person who may suffer a loss or injury as stated above. The expiration of the period which this Bond covers shail not affect any claim or cause of action thereon which may have accrued prior thereto, and the. Bond shall remain in force and effect as to such prior accrued daims or causes of action. IN TESTIMONY WHEREOF, witness our hands this 17th day of Sanuary , A,p„ 2008 HSC Pipeline Partnership, LLC By: Enterprise Products OLPGP, Inc. its sole manager BY: ~,~ 0. ~ Libe iNut al I urance C an BY: L Carol E. Hoc -Attorney-In-Fact APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION this .day of A, D., City ngineer f to c\PipeJinepennits\majorpipelinepermitblank s power is--made and executed pursuant to and by authorityof the following By-law and Authorizations= -ARTICLE XIII - Execution of Contracts:-Section 5. Surety Bonds and Undertakings. -~~ ~~ - Any~officer of the Company authorized ~forthat purpose in writing by the chairman or the president; and subject to such~limitatrons as the chairman or the,president~may prescribe, shall appoint such attorneys-in-fact, asmay benecessary to actin behalf of the Company. to make, execute, seal, acknowledge"and deliver as surety ~any~and all. undertakings, bonds,. recognizances-and other surety obligations. Such attdrneys-in-fact, subjecCto tbeaimitations set forth in their respective powers of attomey, shall have full power to bind. the Company by their signature andexecution of any such instruments and to attach thereto the seal of the Company: When so executed such instruments-shalt be as binding as "rf signed by the~president and attested 6y the secretary. instrument the~chairman or the president has authorised the officer or other official named therein to appoint attorneys-in-fact: _ -Pursuant to Article XIII,-Section 5 ~of'the By-Laws, Gamet W. Elliott; Assistant Secretary of'Liberty Mutual Insurance Company; is hereby _- -~~~- authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of-the Company.to make, execute, seal, acknowledge and - ' deliver as surety any~andall undertakings, bonds, recognizances and other surety obligations. and the Authorization set forth above are true copies thereof and are now in full fome and effect.. WHEREOF, this Power of Attomey. has been subscribed by an authorized officer or official of the Company and the coryorateseal of Insurance Company has been affixed thereto in Plymouth Meeting; Pennsylvania this 24th .day of October , LIBERTY MUTUALINSURANCE COMPANY Bye ~ %~ ~-1- - ~ ~ .?.~ Garnet W: Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY- - On~this 24th day of October 2007 ,before me, a Notary Public, personally came Gamet W. Elliott, to me known, and acknowledged that:ha is an Assistant Secretary of Liberty Mutual-Insurance Company; that he-knows the seal of said~coryoration; and that he executed the above Powerpf Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. v,~ ._ IN .TESTIMONY WH E,~ ~ a'~r~l~@ unto subscrbed my nameand affixed my notarial seal at Plymouth Meefing,~Pennsylvania, on the day and year ~ v first above written. Q.. ~oNwE~ ~ ~~-:° :-~' k: ~ L ~Q/ rp~ YZ y -tOMN,~NwEALF~PENNSriVANIA ~ --' / p ~ ~:: :. OF TmmaPmtte~.NUary PVEC -:: ,gy ~~ /G Z ~ ~~ P¢mxi6hT"a., MnGpmiaryCangr : ;Ter sa Pastella, Notary Pulilid--> _ ~~ NP~4', M.y{7srvrtsmnE~k~Mar7$2aH':: ~L. q~ ~~G ~ ~ #It ~Ler AarmiHvenie lsa3ttlan n No6A®e CERTIFICATE ~tJf I; the undersigned, Assistan ecretary of'Liberty Mutual Insurance Company, do hereby certify that the~original power'df attorney of which theforegoing :- is;a full, True and correct copy, is in full force and effect on the.dafe~of this peflificate; and 1 Go fudher certify that the officer or official who executed the --~- said.powet of attomey~is an Assistant Secretary specially authorizetl by the chairman or the president toappoint attomeys-in-fact as provided in Article -? XIII; SecfionS of the By-laws of Liberty Mutual Insumnce Company.'- ~- - -~Tfiis cert~cate and the above power of attomey may be signed by facsimile or mechanically reproduced signatures under and by authority of the -~+:-- followng~vote of the board of directors of Liberty Mutual Insumnce Company at a meeting duly called and held on the 12th day of March,.1980. _ -~ VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a _ - 'certified copy of any power of attomey issued by the company in connection with surety bonds, shall be valid and binding upon the company -. - . - - with the same force and effect as though manually affixed. _ .~ I ' STIMONY WHEREOF~hava~.J/~ereunto subscribed my name and affixed the corporate seal of the said company, this .~ 7~l day of _ -- . - '~' Davi M. Carey, Ass' "t Secretary 0 M v a c _• ~.I~3~Y'~' li~~~a~0 ~aa~~~ ~~~E~~ TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following addressc Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 'You may contact the claim ofFce by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: TE Products Pipeline Company, LLC NO P.O. Box 4324 DATE: Houston, TX 77210-4324 08-03 The City of Port Arthur,. pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-named permittee for the INSTALLATION of a proposed (I)-20"Distillate pipeline(s) to be located in accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood that the City of Port Arthur does not hereby grant or purport to grant any right, claim title, interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures; ete. may be located pursuant hereto, and that the City may require the owners, at his expense, to lower, adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Pemuttee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline required because of street improvements, utility or storm sewer crossings within the public rights-of--way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) 9 within any public street, easement, alley, right-of--way, or grounds shall be performed in accordance with instructions of the City Engineer of the City of Port Arthur and permittee shall notify said City Engineer by letter in his office, forty eight (48) hours prior to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE Permittee shall notify the City Engineer of such completion in order that the City Engineer may make a final inspection thereof. Special conditions for constructing, replacing or relocating pipeline(s) within the City aze as follows: A. All pipelines within or across Public rights-of--way shall be constructed with pipe meeting DOT CLASS 4 design requirement.for wall thickness. 1. No pipeline will be located longitudinally underany existing or proposed pavement. 2. All existing improved streets shall be crossed by the bored method, and boring shall extend the full width of the street right-of--way plus a minimum of one (1) foot beyond said right-of- way.. Provide mazkers in accordance with Section 66-60. 1 3. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City Engineer. Repairs or restorations will be made in such manner as to equal or exceed. the original condition and smoothness that existed prior to construction or operation of pipeline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original. 5. Any pipeline crossing under any improved street may be required to be cased for a distance not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product carried in line shown on these vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shall be covered to a minimum depth of (4) feet below the ultimate flow lines of any existing ditches, which it crosses under. 8. The owners of any pipeline under construction shall provide flagmen, barricades, flares, and signs for the protection of the public for the duration of the work as instructed by the City Engineer. 9. Other conditions or restrictions deemed necessary to provide for full use of the public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, except as otherwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintained in accordance with the latest approved minimum standards established by the American National Standards Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there aze different standazds among such agencies, the most stririgent standard shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be made as required by each section upon discovery of any leak or possibility of any leak within the City of Port Arthur. This notification shall include the information set out in each section, as well as all other significant facts known by the tamer that are relevant to the cause of the failure or extent of the damages. 13. Pursuant to Section 66-62, permittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall provide at a minimum the information required on the most current Texas Railroad Commission's leak report form. Upon request, such companies shall provide the following: 1. Construction records and test reports. 2. Operating and maintenance procedures.. 3. Emergency plan. 14. The provisions of this permit shall be subject to any Federal and State legislation, rules, or regulations enacted or adopted, or which shall be here after enacted or adopted, to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. 15. Hydrostatic test reports generated during construction are to be furnished to the City. 16. Permittee agrees that if in the event it becomes necessary to lower case or adjust the line(s) permitted herein because of future street improvements, utility or storm sewer crossings within the public rights-of--way covered by this Permit, said line(s) shall be lowered, cased or adjusted at the sole expense of the Permittee or its assigns. 17. Permittee agrees to install pipe with a reinforced concrete coating within the limits of 600 feet before and 600 feet after passing any developed residential, recreational or commercial areas. 2 HOLD HARMLESS PROVISION This permit is subject to and incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinances. By acceptance of this Permit, permittee agrees to pay for all damages to or loss of City of Port Arthur's property which are caused by, result from, or arise out of permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur, and permittee further agrees to indemnify and hold the City of Port Arthur harmless against and from any and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and expenses to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulting from, arising, or growing out of or connected with the granting of this permit or permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results partly from the negligence of the City of Port Arthur, its agent, servants, or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTHUR BY: TITLE: DATE: ATTEST: City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION (~ Ci Engineer ~lclJ L Director of Planning City Attorney 3 All conditions of this Permit are understood and agreed to by Permittee. ACCEPTED: Permittee: TE P~,rodun/cts Pipeline Company, LLC BY~ I C1/tKi Y Title: .~ ~~ ~U( Date: 2 - (3 -O c°~ ATTEST: Seal AFFIDAVIT THE STATE OF [-0U/.S/G/1G~- § c~- COUNTY OF S+S~ l~H~G~ i BEFORE ME, the undersigned authority, on this day personally appeared ~~W ~ IJ ~-.Q l ~ ,known to me to be a creditable person, who after (TE Products Pipeline Company, LLC Representative) being duly sworn upon oath did depose and say: THAT he (TE Representative Title) and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is fully cognizant of the facts herein stated; THAT TE PRODUCTS PIPELINE COMPANY LLC. proposes TO INSTALL (1)-20" PIPELINE THAT WILL CARRY DISTILLATE THE PROPOSED PIPELINE WILL BEGIN AT THE EXISTING TEPPCO TERMINAL IN PORT ARTHUR TEXAS AND TERMINATE AT THE MOTIVA TERMINAL IN PORT ARTHUR, TEXAS. This proposed pipeline has been designed, will be constructed and will be tested in accordance with the 'DEPARTMENT OF TRANSPORTATION STANDARD CFR TH'LE 49 PART 195 "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND PART N OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with the plans and specifications submitted herewith. ~~_/) TE Products Pipeline Company, LLC SUBSCRIBED AND SWORN TO, before me, by the Applicant, TE PRODUCTS PIPELINE COMPANY LLC , on this ,~ day of ~ y},~ 2008 , to which witness my hand and seal of office. NOTARY PUB~,IC IN AND F R THE STATE OF [.a~ a ~~ My Commission Expires: L)~~ -~._ BaNO # ozz-ozz-s~~ PIPELINE INSI'RLLATION BAND THE STATE OF TEXAS COUNTY OF JEFFERSON prindpai, and THAT we TE Products Pipeline Company, LLC Liberty Motua.l Insurance Company and surety, authorized to do business in the State of Texas, adotowledge ourselves bound to the Gty of Port Arthur, Texas, and/or any person, fmn or corporation in the penal sum of _ _Fourty Five Thousand ~ no cents( 45,000.00 ._) OoAars, For the payment of which will and truly be made, we bind ourselves, our heirs,. executers, and administrators, jointly and severally be these presents, The conditions of this obGgatlon, however, are such that; whereas, the said - TE Products Pipeline Campaay~ ~ged in the bustness of construc(ing, operating, and maintatning a pipeline for the transportation of petroleum products within the Gty of Port Arthur, Texas, pursuant to Permit No. granted by the said Gty, mid Permit requidng a bond to be furnished In accordance with Chapter 66, Article II, Section 66-57 (a) and {c), Code of Ordinances of said Gty of Port Arthur, Texas, which said Permit and Section are made a part hereo€ Far alE intents and purposes. NOW, THEREFORE, be It understood that Prindpai will comply with the terms and wnditions of Chapter 66, Article II, Sections, 66-51 through 66-69, Code of Ordinances, the afomsaid Permit issued thereunder, and will promptly pay, within the limits of the penal. sum of this Bond, all damages for loss or injury suffered by the Gty of Port Arthur and/or any person, firm, or corporation that may result from PrinapaPs operations under said Permit as ft pertains to a public street, alley, or other public way or easement within the Gty of Part Arthur during the period until completion of the installation of the 6ne or lines is approved in writing by the Gty Engineer. This Bond r~,- _.__~,~ PFPEtINE INSt'ALLATION BOND X022-022=577 PAGE 2 shall inure. m the benefit of the Gry and any person who may suffer a loss or Injury as stated above. The explretion of the period which this Bond covers shall not affect any daim or cause of action thereon which.may have accrued prior therein, and the Bond shall remain in farce and effect as m such prior accrued dalms or causes of adion. IN TESTIMONY WHEREOF, witness our harxfs this 17th day of _ 3aavary APPROVED AS TO FARM; 4.D., 2008 TE Products Pipeliae Company, LLC PCO GP, Inc. its sole manager G~~ eY: ~L.UM"~ E~nr,iM Lib F7ntual ~;nfwce Company Carol E. Hock- Attoraey-In-pact Gty Attorney APPROVED FOR ADMINISfR.4TI0N this day of _, A,D., Gty nglneer file c:1P~Pt'flnepermlf5~majorPipelinepermi[blank - ~~~ ~~~~ ~~- THIS POWERDF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND - TFiis Power of Attorney limits the ae4s_;of those named herein;~and they-have no authority to bind the Company except. in the manner and fo -, ~ .= th e extent herein stated. ~~`-'. - - - - - - . _ _ - - ~ - ~ ~LIBERTYMUTUALJNSURANCE COMPANY -_ _ - ~ BOSTON MASSACHUSETTS;? - - - - ~ '-_~ '= POWER OFATTORNEY - " - - - - :KNOW ALL PERSON$_BY THESE PRESENTS -That Libeny;;Mutual Insurance Company (the °Company) a`~Massachusdits stock insurance. -pompany,;pursuant to and~by authority of the By-law aiid Authorisation hereinafter set forth„floes hereby name, cpnstit0te and appoirit_. ROBERT M:.OVERBEY, JR; CAROL E. HOCK, ALL OFTHE CITY OF HOUSTON, STATE OF TEXAS .....:.' . ............. - 'each individually rfthere-~be more thari`one gamed" its true and lawful attomejrm fact to make executeseal acknowledge and:deliver, for and on its `tiehatt as surdryry and as iis-ac[ and deed, anX and all undettakings~ bonds recognizances ari_d other surety obli9ahon5.in the penaf~sum not exceeding - *'*'**'*""*"'* ~ 6 6 ***" `_ F 1 0' ' -~ TWENTY. . ' ~ ; 00.00 IVE MILLION.-AND 00/ 0 - DOLLARS' $ 25,90 ( --` )each, and the ~ '-execution ofauch undertakings, bonds;~:recagnizances and otFid_r surety obligations, in pursuancepf 1Fiese presents'shall be as";binding upon the ~ =Company as if-they had been duly signed Eby the president and attested 6y the~secretary of the Company inaheir own proper persons_ ~`_ -:That this power is made artl'executedpursuant to andby authonty~oi the following By law anti Authonzabon - - ARTICLE XIII F~recution of Contracts Section 5 SuretyBonds and Undertakings ~- ~ ~~~ ~~~- ` _- - Company airthonzed for-that purpose;rn wnUng by the chairman or the president and subject"to such limitations as the - Anyofficer of the~ _ chairran or the,prdsident mayprescribe, shall appoint such attorneys-in fact as:may be necessary to act in_behalf of the: Company to make, =execute, seal,: acknowledge; and deliver :as surely any-and all vhdertalungs,--.bonds, recogniiances and other surety:. obligations. Such '~ attorneys-in=fact; subject to tFie limitafions set forth in.iheir respectrvdjpowers of; attpmey, shalHhave full power to bind ltie Company by their rn m signature and executton of any_such instivmenis and [o attach theretothe seal oftfie Company:'_When so executed such insiniments shall be C . as:tiindmg as rf signed by the:president and~attested by,tne secretary.:- _ _ _ -- . d - _ By the following insirumenf the chaimianor the president has auttionzed tha offcer or other~official namediherein to_appoint attomeys-in-fact: y 7 a ~ - Pursuant to Article XIII, Section 5 of the' By Laws, Gamet W. Elliott;Assistant. Secretary of Liberty,Mutual Insurance-~Corripany, is hereby m :.~ authorized to appoint such attomeys in foci; as may be,necessary' 3o=act in behalf of the Company to makes-execute, seal; aclvfo_ wledge and _ __ deliver as surety:any and all undertakings, bonds recognizances and other suretyobligabons ' - - - - - _ ~ F ~ 3 That the By-law andthe Author¢afion set forth above-are true copies thereof and. are now infull force and effect. - ~ ~ W j IN' WITNESS WHEREOF,-this Power of. Attorney has been subscribed by an. ~authonzed officer or official of the Company and the"corporate seal of ~ c- E '- -October -. -- _ _ Liberty Mutual-Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 24th day of z-c m ~ `..2007_ - - - - - a ~ v -- - - c v y - - LIBERTY MUTUAL INSURANCE COMPANY d = L _ r /~ ~ (Q E ~~ m Garnet W. Elliott, Assistant Secretary -- - - - ~ - ~ - ~ ~ ~ ~ o « _ COMMONWEALTH OF PENNSYLVANIA- ss ` ~ .L., . . i ~ - -COUNTY OF MONTGOMERY _ G ~ C i ~ On this 24th ~- day of October ':- 2007 ,before me, a`Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged r d that he i"s an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ~ 3 u; -=Power of Attorney and affixed the coryoiate°seal of Libdrty Mutual Insurance Company thereto with the authority and at the direction of said corporation. ~ ~ T c IN TESTIMONY WH ~ ~~ P ?~ unto subscribed my name and affixed my notarial seal at Plymouth Meetng Pennsylvania, on the day and year rust above written. Q. ~,ONW~< !! ,= R ~ o ~ i - --. !•~ U 2 9 COtAMONY1t:AL~~~ N LVANIA ~ --. ~ ~ - OF =,~_ T6~Sa-PaheLtNrmSPUac: _ ~ /~l,,-',, '.' Hyr+ndxTxR.rym'+ib ey f ~~^`~-' ~P. hycarm49m E>,~sNar.lB. ppg ~: -Ter sa Pastella, Notary Public= LdP G ~ rdenmar.Ammjdvana ACCOaatbnNNoteAes CERTIFICATE ": ~aRY ~g1~ . I, the undersigned, Assistant cretary ofi'Litierty Mutual Insurance Company; do hereby certify that the ~origmal power'ofattorney of which the foregoing - is a full; true-and:correct copy, is in ful[ fd[ce _and effect on the'dafe~of thisdertificate; and-1(do further certify that the:officer or official who executed the ~~ said power~of atfomey is an Assistant Secretary specially authorized by the ohairman or the president td~appom£atfomeys-in-fact as provided in Article -> XIII, Sec[ion S.of-the By-laws of Liberty Mutual Insurance Company.-~" - - - - - ~ - ::_ This certificate sand the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the - -` following vote'of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED--that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a .: - -certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company . - - ~ - ' ~'witM1-the same force and effect as though manually affixed. IN ~ T IM'AO~~Y "~H/jE~~REOF _v ereunto subscribed my name and affixed the corporate seal of the said company, this ~~~ day of Davi ~M. Carey, Ass' "t Secretary __ _ _ L~her~ - - 1V~ut>~aI ft~tpo~tant ~®t@ce TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September i, 2001 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: TE Products Pipeline Company, LLC NO P.O. Box 4324 DATE: Houston, TX 77210-4324 08-04 The City of Port Arthur, pursuant to Chapter 66, Article II; Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-named permittee for the INSTALLATION of a proposed (I)-16" Gasoline pipeline(s) to be located in accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood that the City of Port Arthur does not hereby grant or purport to grant any right, claim title, interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and that the City may require the owners, at his expense, to lower, adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Pennittee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline required because of street improvements, utility or storm sewer crossings within the public rights-of--way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) within any public street, easement, alley, right-of--way, or grounds shall be performed in accordance with instrucfions of the City Engineer of the City of Port Arthur and permittee shall notify said City Engineer by letter in his office, forty eight (48) hours prior to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE, Permittee shall notify the City Engineer of such complefion in order that the City Engineer may make a final inspection thereof. . Special conditions for constructing, replacing or relocating pipeline(s) within the City aze as follows: A. All pipelines within or across Public rights-of--way shall be constructed with pipe meeting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline will be located longitudinally under any existing or proposed pavement. 2. All existing improved streets shall b'e crossed by the bored method, and boring shall extend the full width of the street right-of--way plus a minimum of one (1) foot beyond said right-of- way. Provide mazkers in accordance with Section 66-60. 1 3. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City Engineer. Repairs or restorations will be made in such manner as to equal or exceed the original condition and smoothness that existed prior to construction or operation of pipeline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original. 5. Any pipeline crossing under any improved street may be required to be cased for a distance -not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product carried in line shown on these vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shall be covered to a minimum depth of (4) feet below the ultimate flow lines of any existing ditches, which it crosses under. 8. The owners of any pipeline under construction shall provide flagmen, barricades, flares, and signs for the protection of the public for the duration of the work as instructed by the City Engineer. ` 9. Other conditions or restrictions deemed necessary to provide for full use of the public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, except as otherwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintained in accordance with the latest approved minimum standazds established by the American National Standards Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there are different standards among such agencies, the most stringent standard shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be made as required by each section upon discovery of any leak or possibility of any leak within the City of Port Arthur. This notification shall include the information set out in each section, as well as al] other significant facts known by the carrier that are relevant to the cause of the failure or extent of the damages. Li. Pursuant to Section 66-62, permittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall provide at a minimum the information required on the most current Texas Railroad Commission's leak report form. Upon request, such companies shall provide the following: 1. Construction records and test reports.. 2. Operating and maintenance procedures. 3. Emergency plan. 14. The provisions of this permit shall be subject to any Federal and State legislation, rules, or regulations enacted or adopted, or which shall be here after enacted or adopted; to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. 15. Hydrostatic test reports generated during construction aze to be furnished to the City. 16. Permittee agrees that if in the event it becomes necessary to lower case or adjust the line(s) permitted- herein because of future street improvements,.. utility or storm sewer crossings within the public rights-of--way covered by this Permit,. said line(s) shall be lowered, cased or adjusted at the sole expense of the Pernuttee or its assigns. 17. Permittee agrees.to install pipe with a reinforced concrete coating within the limits of 600 feet before and 600 feet after passing any developed residential, recreational or commercial azeas. 2 HOLD HARMLESS PROVISION This permit is subject to and incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinances. By acceptance of this Pemut, permittee agrees to pay for all damages to or loss of City of Port Arthur's property which are caused by, result from, or arise out of permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur, and pennittee further agrees to indemnify and hold the City of Port Arthur harmless against and from any and all suits, claims, and demands for damages to or loss. of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and expenses to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulting from, arising, or growing out of or connected with the granting of this permit or permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results partly from the negligence of the City of Port Arthur, its agent, servants,. or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTIILJR BY: TITLE: DATE: ATTEST`. City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION ~ ~~ P e Ci Engineer / _ / `W(.D.. (.- ~l Director of Planning City Attorney 3 All conditions of this Permit are understood and agreed to by Permittee. ACCEPTED: Permittee: TE{~,P,rodu(c~ts~Pipeli/n~e~C,om~pan~y, LLC By~ I(~1~~/ U Title: /P'~6rN(T~i T~/ Date: Z- (3 '~ 8 ATTEST: Seal 4 AFFIDAVIT THE STATE OF a N § COUNTY OF ~ ! ~ a fJ~ § ~/~ BEFORE ME, the undersigned authority, on this day personally appeazed ~(J.G, ~ ~ (~Cc,1' ~ ,known to me to be a creditable person, who after (TE Products Pipeline Company, LLC Representative) being duly sworn upon oath did depose and say: THAT he is !7 I /erN(f -~ ~' ~ (TE Products Pipeline Company, LLC Hepresentanve i met and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is fully cognizant of the facts herein stated; THAT TE PRODUCTS PIPELINE COMPANY LLC. proposes TO INSTALL (1)-16" PIPELINE THAT WILL CARRY GASOLINE. THE PROPOSED PIPELINE WILL BEGIN AT THE TEPPCO TERMINAL IN PORT ARTHUR TEXAS AND TERMINATE AT THE MOTIVA TERMINAL IN PORT ARTHUR. TEXAS. This proposed pipeline has been designed, will . be constructed and will be tested in accordance with the DEPARTMENT OF TRANSPORTATION STANDARD CFR TITLE 49 PART 195 "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND PART IV OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with the plans and specifications submitted herewith. P~ TE Products Pipeline Company, LLC SUBSCRIBED AND SWORN TO, before me, by the Applicant, TE PRODUCTS ~~ ~ (~ 2008 , PIPELINE COMPANY. LLC., on this l~ ~ day of to which witness my hand and seal of office. NOTARY PUBLIC IN AND FOR THE STATr-E OF L~.L~I/~~sl~ /~LCc~ l~jq r`jt ~'~YT -~ur~ ~~9~ My Commission Expires: .at _ , _ M- ~ ~-- _ _ . -.; , . ~° .. _ BOND ~ 022-022-577 PIPELINE IN5TALLATI0N flOND THE STATE OF TEXAS COUi'tTY OP JEFFERSON THAT we TE Products Pipeline Company, LLC prncpal,and Liberty. Mutual Insurance Company and suety, ,1 authored to do business in the State of Texas, acknowledge ourselves bound to the Giy of Port Arthur, Texas, and/or any person, firsn or corporation in the penal sum of _ Pourty Pive Thousand ~ no cents( 45,000.00 _) Dollars, for the payment of whlch wfiI and truly be made, we bind ourselves, our heirs, exewtors, and administrators, jointty and severalty be these presents. The condidans of this obligation, however, are such that, whereas, the said _ TE Products Pipeline Company ~o~ in the business of rnnsWCting, operating, and maintaining a pipeline for the transportation of petroleum products within the Gty of Port Arthur, Texas, pursuant to Permit No. granted by the said Gty, said Permit requiring a band to be famished in accordance with Chapter 66, Article II, Section 66-57 (a) and (c), Code of Ordinances of said Gty of Port Arthuq Texas, which said Permit and Section are made a part hereof for aQ intents and purposes. NOW, THEREFORE, be It understood brat Principal will comply with the terms and conditions of Chapter 66, Amide IF, Sections, 66-51 through 66-69, Code of Ordinances, the aforesaid Permit issued thereunder, and will promptly pay, within the lim(ts of the penal. sum of this Band, all damages for loss or injury suffered by the Gty of Port Arthur and(or any person, firm, or corporation that may result from Prindpal's operations under said Permit as tt pertains to a public street, alley, or other public way or easement within the Gty of Port Arthur during the period unb7 completion of the installation of the line or lines is approved fn writing by the Gty Engineer. "this Bond PIPELINE INSFALLATION FOND X022=022-577 PAGE 2 shall inure to the benefit of the City and any person who may suffer a loss or Injury as stated above. The expiration of the period which this Bond covers shall not affect any daim or cause of action thereon which may have accrued prior thereto, and the 8ond~shall remain in force and effete as to such prior accrued dorms or causes of adion. IN TESTIMONY WHEREOF, witness our hands this 17th day of _ January , A.O., 2008 TE Products Pipeline Company, LLC PCO GP, Inc. its sole manager J ~L~ 6Y: .~- JV ~ i-L~ A.r. I~.a.n h( Lib Mutual ce Company 8Y: D Cazol E. Hock- Attoraey-In-Fact APPROVED AS TO FORM: City Attamey APPROVED FOR ADMINIS]"RATtON this day of _, A.D., BY• ~~ C.G. City gineer fire c:IPtpetlnepermllslmalorpipelinepemiitblank named, _Its true and IAwtul attorney-m fact,to rtiake execute;tsyeal gacknowledge and deliver, for and on its ~/ and all-undertakings; bonds, recognizances-and other sure obli abons9n the penafsum not exce _ ing 25 000 600 00""`~ 1 each, and the ie a3~~tk • ~~+e - - '.: DOLLARS'.($ ggnrzarices and other. surety obligattons m pursuance°of these presents shall be as binding upon the the pre"sident and Attested by the "secretary of ifie Company in their own proper persons; '_ ant to and by authority of the following By law and Authonzatton - - acts Seehon 5 Surety Bonds and Undertak+ng"s:, -~~ -- ~-~-~ ~- onzed for-that purpose m writing by the chatrtnan or, the president; and Subject to such limitations as the scnbe, ~shall'appointauch attorneys m fact as'"may be necessary to act in behalf of the, Company to make, deliver ~as surety any and all, undertakings :bonds, re~all (have full po_werhto bind the Compahy by the i nitafionsset forth in.-their respective powers of'attomey, ~: Whenso"executedsuc}i instruments shall be ich instiun+ents and tb"attach thereto the seal of the Company: _ _ relent and attested by-the secretary:_ : - - ;-: -- the president has authonzed the officer or other offical nametl therein to appoint attomeys m fact is hereb 5 of the":By Laws, Gamet W. Elliott Assistan£Secretary of-~.Liberly Mutual Insumnce .Company. ~ y ieys in tact as may tie necessary td act in behalf of the Company to make execute, seal ackndwledge and ;Makings; bonds, recdgnizances and other suretyobhgabons.? _ _ xth above are true copies thereof and are now +n full force an"d effect ~-_ ~-._ - _~ ittomey.has been subscnbed by an authodzed_,officer or 024th oda eofAm October,the corporate seal of . ._ ,. __._._-o~:;..,,.,rtinnPetina.Pennsyfvaniathis~ _ -.Y_. ~ _ _ __ _ _ _. my name and affixed my notarial seal at rmeun+oFa~r+wsvcvtd+w G Pennsylvania, on the day and year ,~, a .d. ~. f- U Pub ~._ B p:~, CF % R,,Tm'wy,n^sn couaY 'Ter sa Pastella, Notary Public: ~ U. - ~'t R^JCo:rur~mF~Plres htar.ffi~ .j~, dP ~~ Nse~mm. Pe~nav~'snia ASeociatbn of Notarae, ~~ -: .'~_ _' CERTIFICATE ~ ~?p~ ~y ~~~ ,~__ -: -- _ I the undersigned, Assistan ecretary of Liberty Mutual Insurahce Company do hereby certify shat tfie onginal power ofattorney of which the foregoing _~~ is A full; Prue and:portect copy, is in full fo[ceand effect on the;date of this`pertficate; acid I do further certify that the. officer or official who executed the said pbwer of. attomey is an Assistant Secretary specially autlionzed by the chairman dr-the president to appoint;~atfomeys-in-fact as provided in Article - XIII, Section 5 of~the By-laws of Liberty Mutual Insurance Company. following Dote othhe board of directors of Liberty Mutual InsurancedCompany at a meeting dully galled anduhe d oln theul2th day of March, 1980onty of the _ ~-VOTED-that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a 'certified copy of any power of attomey issued by the company in connection with surety bonds, shall be valid and binding upon the company ~_ _ -:-withffie same force and effect as though manually affixed. P y this ~_ day of IN iMONY HEREOF v ereunto subscribed my name and affixed the corporate seal of the said coin an , g t + ..°,°"`' Davi M. Carey, AssjBiafit Secretary I~~~ ~ w N d c .y 3 CI O L V C of n„ !~ o to w~ o~ m r d ~~ ~a ~l mC C «Q E~ ~a OG ~~ F~ ~utua~® [r~p~rta~-~ ~QttGe TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You. may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium,. you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the. dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given fo comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: TE Products Pipeline Company, LLC NO P.O. Box 4324 DATE: Houston, TX 77210-4324 08-OS The City of Port Arthur, pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-named permittee for the INSTALLATION of a proposed jl)-16" Distillate pipeline(s) to be located in accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood that the City of Port Arthur does not hereby grant or purport to grant any right, claim title, interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and that the City may require the owners, at his expense, to lower, adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Permittee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline required because of street improvements, utility or storm sewer crossings within the public rights-of--way covered by this permit. This permit is issued subject to all necessazy rights- of-way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) within any public street, easement, alley, right-of--way, or grounds shall be performed in accordance with instructions of the City Engineer of the City of Port Arthur and permittee shall notify said City Engineer by letter in his office, forty eight (48) hours prior to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE, Permittee shall notify the City Engineer of such completion in order that the City Engineer may make a final inspection thereof. Special conditions for constructing, replacing or relocating pipeline(s) within the City are as follows: A. All pipelines within or across Public rights-of--way shall be constructed with pipe meeting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline will be located longitudinally under any existing or proposed pavement. 2. -All existing improved streets shall be crossed by the bored method, and boring shall extend' the full width of the street right-of--way plus a minimum of one (1) foot beyond said right-of- way. Provide markers in accordance with Section 66-60. 1 3.. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City .Engineer. Repairs or restorations will be made in such manneras to equal or exceed the original condition and smoothness that existed prior to construction or operation of pipeline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original. 5. Any pipeline crossing under any improved street may be required to be cased for a distance . not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product canied in line shown on these vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shall be covered to a minimum depth of (4) feet below the ultimate flow lines of any existing ditches, which it crosses under. 8. The owners of any pipeline under construction shall provide flagmen, barricades, Hazes; and signs for the protection of the public for the duration of the work as instructed by the City Engineer. 9. Other conditions or restrictions deemed necessary to provide for full use of the public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, except as otherwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintained in accordance with the latest approved minimum standards established by the American National Standards Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there are different standards among such agencies, the most stringent standazd shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be made as required by each section upon discovery of any leak or possibility of any leak within the City of Port. Arthur. This notification shall include the information set out in each section, as well as all other significant facts known by the carrier that are relevant to the cause of the failure or extent of the damages. 13. Pursuant to Section 66-62, permittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall provide at a minimum the information required on the most current Texas Railroad Commission's leak report form. Upon request, such companies shall provide the following: 1. Construction records and test reports. 2. Operating and maintenance procedures. 3. Emergency plan. 14: The provisions of this permit shall be subject to any Federal and State .legislation, rules, or regulations enacted or adopted, or which shall be here after enacted or adopted, to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. 15. Hydrostatic test reports generated during construction are to be furnished to the City. 16. Permittee agrees that if in the event it becomes necessary to lower case or adjust the line(s) permitted herein because of future street improvements, utility or storm sewer crossings within the public rights-of--way covered by this Permit, said line(s) shall be lowered, cased or adjusted at the sole expense of the Permittee or its assigns.. 17. Permittee agrees to install pipe with a reinforced concrete coating within the limits of 600 feet before and 600 feet after passing any developed residential, recreational or commercial azeas. 2 HOLD HARMLESS PROVISION This permit is subject to and incorporates fully Chapter.66, Section 66-51 through 66-69, Code of Ordinances. By acceptance of this Permit, pennittee agrees to pay for all damages to or loss of City of Port Arthur's property which aze caused by, result from, or arise out of permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur, and permittee further agrees to indemnify and hold the City of Port Arthur harmless against and from any.and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and expenses to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulting from, arising, or growing out of or connected with the granting of this permit or permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results partly from the negligence of the City of Port Arthur, its agent, servants, or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTHUR BY: TITLE: DATE: ATTEST: City Secretary APPROVED FOR ADMINISTRATION 4,~. Q Q ~. Cit Engineer APPROVED AS TO FORM: City Attorney h Director of Planning 3 All conditions of this Permit are understood and agreed to by Permittee. ACCEPTED: Permittee: TE Productns Pipeline jCompan~y, LLC By: nn~C.U~X-~ V ti Title: /tl-~rr~i -~~ ~76'~~ Date: 2- /3-0 $ ATTEST: Seal AFFIDAVIT THE STATE OF L~Uis %ar~c~ § COUNTVOFS-F~~r~I? C'i~§~ BEFORE ME, the undersigned authority, on this day personally appeared ~(a w ~ ~ ~ ~ ,known to me to be a creditable person, who after (TE Products Pipeline Company, LLC Representative) being duly sworn upon oath did depose and say: THAT he Company, LLC Representative Title) and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is fully cognizant of the facts herein stated; THAT TE PRODUCTS PIPELINE COMPANY, LLC. proposes TO INSTALL /1)-16" PIPELINE THAT WILL CARRY DISTILLATE. THE PROPOSED PIPELINE WILL BEGIN AT THE TEPPCO TERMINAL IN PORT ARTHUR. TEXAS AND TERMINATE AT THE MOTIVA TERMINAL IN PORT ARTHUR, TEXAS. This proposed pipeline has been designed, will be constructed and will be tested in accordance with the DEPARTMENT OF TRANSPORTATION STANDARD CFR TITLE 49. PART 195. "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND PART IV OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with the plans and specifications submitted herewith. /~ TE Products Pipeline Company, LLC SUBSCRIBED AND SWORN TO, b(ef~ore me, by the Applicant, TE PRODUCTS PIPELINE COMPANY. LLC, on this ~~ 'day of 2008 , to which. witness my hand and seal of office. NOTARY-PUBLIC IN AND FOR THE STATE OF T-~JC/kS%C2/c~ ~lG~~e~/~T.3~rru ~~/osy/ My Commission Expires: G >,~ BOND # 022-022-577 PIPELINE INSTQLiATiON BOND THE STATE OF TEXAS COUNTY OF JEFFERSON prtndpal, and THAT we ~ Products Pipeline Company, LLC Liberty Matual Insurance Compairy and surety, authorized to do business in the State of Texas, acknowledge ourselves bound to the City of Port Arthur, Texas, and/or any person, firm or corporation in the penal Sum of _ Fourty Five Thousand b no cents(# 45,000.00 _) Dollars, for the payment of which will and truly be made, we bind ourselves, our hetrs, executors, and administrators, jointly and seve2lty be these presents, The conditions of this o6tigation, however, are such that, whereas, the said TE Products Pipeline Company crn3aged in the business of constructing, operating, and maintaining a pipeline for the transportation of petroleum products within the City of Port Arthur, Texas, pursuant to Permit No. granted by the said Gty, said Permit requiring a bond [n be famished In accordance with Chapter 66, Article II, Section 66-57 (a) and (c), Code of Ordinances of said Gty of Port Arthur, Texas, which said Permit and Section are made a part hereof for a!f intents and purposes. NOW, THEREFORE, be It understood that Pdrtdpal will comply with the terms and conditions of Cfiapter 66, Amide II, Sections, 66-51 through 66-bg, Code of Qrdinances, the aforesaid Permit Issued thereunder, and wilt promptly pay, within the limits of the penal, sum of this Bond, all damages far loss or injury suffered by the City of Port Arthur and/or any person, firm, or corporation that may result from PdndpaPs operat7ons under said Permit as tt pertains to a public street, alley, or other public way or easement within the City of Port Arthur durtng the period until completion of the installation of the line or lines Is approved Fn writing by the City Engineer. This Bond _; _ _ _ _ ' PIPELINE INSfA[lATION-BOND $022-022-577 - PAGE 2 ~_ shalt inure to the benefit of the Gty and any person who may suffer a loss or Injury as stated above. The explretlon of the period which this good covers shall not affect any daim or •cause of action thereon whtdt may have accrued prior thereto, and the Bond shall remain Fn force and effect as to such pdor accrued dalms or mouses of action. IN TESTIMDNY WHEREOF, witness our hands this 17th day of _ January A.O., 2008 TE Products Pipeline Company, LLC PCO GP, Inc. its sole manager ~ G<o gY: jV'~~.~A,r. Evlnr,i~ Lib Mutual ce Company --; gY• Carol E. Hock- Attorney-In-Fact APPROVED AS TO FORM; City Attamey APPROVID FOR ADMINTSIRA't-ION this day of __, A.D., BY: ~ \~~ City •ngineer file c~plpe~Inepermlts~majorpiytiiinepermitbtank ument the cha+rman or the president has authorized the officer 3y-law and the Authorizafion setforth above ate true copies thereof and are'now in fu .SS ~WHEREOF,~ this Power of ~Attomey haa~been subscribed by an authodzed!ofi seal, acknowledge and deliver, for and on its eryry obl+ggafions9n the penalsum not exceeding ;600.00** ** ' _ _. 1 eadh, and the these presents shall be fas`:binding upon the n.theu own proper persons: on - ,sident and subject to such limitations as the nary Jo act rn:behalf of theCompany to make, ~ iizances and%other surety. obligations. Such 'O :have full power to bind the Compahy 6y their ~ -` Whenso executed such instruments shall be m _ - '"': c - - - ~ 'w therem to appoint attomeya~in fact: a _- 'iberty Mutual-Insurance:-Company, is hereby ~ ~ R any to make; execute; seal; ablvidwledge and _ ~ O - vF i .vrrmis evm rday of ~~:_ uctober -_. ~ :- , 'Lao/,-,: before,me,-a'Notary Public, personally came Garnet W. Elliott to me known, and acknowledged ~ ~ -that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said coryoretion; and that he executed the above ~ ~N," Pdwer of Attorney and affixed theoorpdiate seafof Liberty~MUtual Ihsu?once Company thereto with the authority and at the direction of said corporation. O i - ~ ..:-~. .. , IN.TESTIMONY WH ~ - ~ P~ unto subscribed m name and affixed m notarial seal at PI outh,Meebn Penns Ivania, on the da and ear ~ v first above written. ~ ~,oyw "~~~ ~-:: Y .-.-. - Y Ym 9 Y Y Y j i - - ~ltr vOeZ ~<= q COtM1QNWFJ4.Tfi Of'PENNSYLVANIA ~ ~ '._.. ~ - ~ u - OF 7sresar?astew.r+~sv~ac .- ~~- _.By /4' y ~P. ~,~~, Zppg -._ -Ter saPastella,NotaryPUbGc:- CERTIFICATE -~~ ~fq~lJ ~~,~ ~ ~°r•A°""'yt''"'m ""`°"'~'"muasrtn - I; the undersigned, Assistant ecretary of'L+tierty Mutual Insurance Company; do hereby certify that theoriginal power of~attomey of which the foregoing is a full; true~and!comect copy, is in full foroe~ and effect on the date-af this~~cerfificete; and'f:do further certify that the. officer or official who executed the sold power ofatfomey is an Assistant Secretary specially authorized by fbe dhairman or fh~e'president to"appoint:'atfdmeys-in-fact as provided in ArtiGe : XIIh Section 5.-pf the By-laws of Liberty Mutual Insurance Company: ~ _ ~ - -This cemficefe 'and the above power of attorney may be signed by facsimile or mechanicaly reproduced signatures under and by authority of the following yoie ~df the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED"that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a _ ~ certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company . - ~ _ - :with-the same force and effect as though manually affixed. ItJ -. IMO Y- ~" HEREOF v ereunto subscribed my name and affixed the corporate seal of the said company, this ~ /~ day of - - --,'~~'t Oavi M. Carey, Ass' "t Secretary ~v do 3W of a ,~ N O L O w ~ O C ~' a 'a 3 N ~ mo v «m Em c~ Oo O r r __ +-~ .~~~Ty sum. x _T.~- ., -~ 4 ..E:m ~.. . -:. ". __ _ ~U~LYd1® It~lpO~al'tf ~®~tC~ TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute conceming a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 , CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: TE Products Pipeline Company, LLC NO 08-06 P.O. Box 4324 DATE: Houston, TX 7 72 1 0-43 2 4 The City of Port Arthur, pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances,. hereby grants permission. to the above-named permittee for the INSTALLATION of a proposed (1)-16" Distillate pipeline(s) to be located In accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood that the City of Port Arthur does not hereby grant or purport to grant any right, claim title,. interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and that the City may require the owners, at his expense, to lower, adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Permittee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline required because of street improvements, utility or storm sewer crossings within the public rights-of--way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) within any public street, easement, alley, right-of--way, or grounds shall be performed in accordance with instructions of the City Engineer of the City of Port Arthur and permittee shall notify said City Engineer by letter in his office, forty eight (48) hours prior to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE, Permittee shall notify the City Engineer of such completion in order that the City Engineer may make a final inspection thereof. Special conditions for constructing, replacing or relocating pipeline(s) within the City aze as follows: A. All pipelines within or across Public rights-of--way shall be constructed with pipe meeting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline will be located longitudinally under any existing or proposed pavement. 2. All existing improved streets shall be crossed by the bored method, and boring shall extend the full width of the street right-of--way plus a minimum of one (1) foot beyond said right-of- way. Provide mazkers in accordance with Section 66-60. 1 3. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City Engineer. Repairs or restorations will be made in such manner as to equal or exceed the original condition and smoothness that existed'prior to construction or operation of pipeline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original. 5. Any pipeline crossing under any improved street may be required to be cased for a distance not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product carried in line shown on these vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shall be covered to a minimum depth of (4) feet below the ultimate flow lines of any existing ditches, which it crosses under. 8. The owners of any pipeline under construction shall provide flagmen, barricades, flares, and signs for the protection of the public for the duration of the work as instructed by the City Engineer. 9. Other conditions or restrictions deemed necessary to provide for full use of the. public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface; except as otherwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintained in accordance with the latest approved minimum standazds established by the American National Standazds Institute, United States Depaztment of Transportation and other pipeline regulatory agencies. Where there are different standazds among such agencies, the most stringent standazd shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be made as required by each section upon discovery of any leak or possibility of any leak within the City of Por[ Arthur. This notification shall include the information set out in each section, as well as all other significant facts known by tfie carrier that aze relevant to the cause of the failure or extent of the damages. 13. Pursuant to Section 66-62, permittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall. provide at a minimum the information required on the most current Texas Railroad Commission's leak report form. Upon request, such companies shall provide the following: 1. Construction records and test reports. 2. Operating and maintenance procedures. 3. Emergency plan. 14. The provisions of this permit shall be subject to any Federal and State legislation, rules; or regulations enacted or adopted, or which shall be here after enacted or adopted, to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. 15. Hydrostatic test reports generated during construction are to be furnished to the City. 16. Pennittee agrees that if in the event it becomes necessary to lower case or adjust the line(s) permitted herein because of future street improvements, utility or storm sewer crossings within the public rights-of--way covered by this Permit, said line(s) shall be lowered; cased or adjusted at the sole expense of the Permittee or its assigns.. 17. Permittee agrees to install pipe with a reinforced concrete coating within the limits of 600 feet before and 600 feet after passing any developed residential, recreational or commercial azeas. HOLD HARMLESS PROVISION This permit is subject to and incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinances. By acceptance of this Permit, permittee agrees to pay for all damages to or loss of City of Port Arthur's property which aze caused by, result from, or arise out of permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur, and permittee further agrees to indemnify and hold the City of Port Arthur harmless against and from any and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and expenses to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulting from, arising, or growing out of or connected with the granting of this permit or permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits ofthe City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results partly from the negligence of the City of Port Arthur, its agent, servants, or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTHUR BY: TITLE: DATE: ATTEST: APPROVED FOR ADMINISTRATION Q,~. Q.~~...~.. d e. ~ . Secretary Ci Engineer APPROVED AS TO FORM: I` Director of Planning Attorney 3 All conditions of this Permit aze understood and agreed to by Permittee. ACCEPTED: Permittee: TE Products Pipeline Company, LLC By: '_ (~Q~ Title: ~G/ey ~N ~~~_ Date: 2-(3-0 $ ATTEST: Seal 4 AFFIDAVIT THE STATE OF jSra ~a § COUNTY OF ~1'Sr~ A Y~ ~~a0fi~ BEFORE ME, the undersigned authority, on this day personally appeazed l ~ ( ~ ~-( IZ ,known to me to be a creditable person, who after ('rEProducts Pipeline Company, LLC Representative) being duly sworn upon oath did depose and say: THAT he (TE Products Pipeline Company, LLC Representative Title) and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is folly cognizant of the facts herein stated; THAT TE PRODUCTS PIPELINE COMPANY. LLC proposes TO INSTALL (1)-16" PIPELINE THAT WILL CARRY DISTILLATE. THE PROPOSED PIPELINE WILL BEGIN AT THE TEPPCO TERMINAL IN PORT ARTHUR TEXAS AND TERMINATE AT THE MOTNA TERMINAL IN PORT ARTHUR, TEXAS. This proposed pipeline has been designed, will be constructed and will be tested in accordance with the DEPARTMENT OF TRANSPORTATION STANDARD CFR TITLE 49. PART 195 "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND PART N OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with the plans and specifications submitted herewith. ~LLL~.(~ TE Products Pipe ine Company, LLC SUBSCRIBED AND SWORN TQ before me, by the Applicant; TE PRODUCTS PIPELINE COMPANY LLC., on this _l ~~day of ,' ( 2008 , to which witness my hand and seal of office. ~C?C/12P G/~li/t~ NOTARY PUB-L/IC~, IN AND OR THE STA/~TEOF ~-F~//H~%q/7 V ~Ciin ~. LT'~/~/^' ~C~QC/~/ My Commission Expires: ( ; BOND # 022-022-577 PIPELINE IIYSTALLATIOW BOND 7HE STATE OF TEXFS COUNTY OF JEFFERSON THAT we ~ Products Pipeline Company, LLC principal, and Liberty Mutual Insurance Company _ ~} and surety, , authorized to do business in the State of Texas, acknowledge ourselves bound to the Gty afPort Arthur, Texas, andJor any person, firm or corporation in the penal sum of _ Fourty Five Thousand ix no cents( 45,OD0.00 _) Dollars, for the payment of which will and truly be made, we bind ourselves; our heirs, executors, and administ2tors, jointly and severalty be these presents, The conditions of this obligation, however, are such that,. whereas, the said _ TE Products Pipeline Companyfi'aged inthe business of mn_ctructing; operating, and maintaining a pipeline for the transportation of petroleum products within the City of Port Arthur, Texas, pursuant to Permit No. granted by the said City, said Permit requidng a bond to be furnished in accordance with Chapter 66, Article II, Section 66-57 (a) and (c), Code of Ordinances of Bald Gty of Port Arthur, Texas, which said Permit and Section are made a part hereof for all intents and purposes. NOW, THEREFORE, be it understood that Pttndpal will comply with the terms and wnditions of Cfiapter 66, Article II, Sections, 66-51 through 66-69, Code of Ordnances, the aforesaid Permit Issued thereunder, and will promptly pay, within the itmits of the pens( sum of this Bond, all damages For loss or injury suffered by the City of Port Arthur and)or any person, firm, or corporation that may result from Principal's operations under said Permit as it pertains td a public street, alley, or other public way or easement within tfie Gty of Part Arthur during the period until completion of the installation of the line or lines Is approved in writing by the City Engineer. This Bond PiPELTNE INSTALLATION BONA X022-022-577 PAGE 2 shall inure to the 1>znefit of the City and arty person wha may suffer a loss or injury as stated above. The explraHon of the period which this Bond covers shall not affect any claim or mouse of'action thereon which may have accrued prior thereto, and the Bond shall remain in force and effort as to such prtar attrued cialms or causes of action. IN TESTIMONY WHEREOF, witness our hands this 17th day Of ~~~~ , A.D., 2008 TE Products Pipeline Company, LLC Eg• FF'FCO GP, inc. its sole manager Lib 9I3at,.ai a ce Company BY: Carol E. Hock- Attorney-In-Fact APPROVED AS TO FORM: Attorney APPROVED FOR ADMINISTRATION khis day of BY: ~""~""~-.~.E City ngtneer file rlPlp•~IlnepettnitslmaiorpipelinepermiEblank -~:-cpmpany ROBEF ~_,"each ..iris --: fielialf as TWENT '-~~'-ezecution ,': Gompariy :That this I sy the foil That the.e EOF, this Power of`Aite esree oyzne secretary: ~: - has authorized the officer or other official Hari aws Garnet W. Elliott, Assistant-8ecretary~ may tie: necessary to act in benalf.of the..-Co is, recdgnizances and other surety obkgationE true copies Thereof and are now~ihfull force a ffect. ns as the to make, ts. Such :, ry by their w s shall 6e w c .y 3 ~, is hereby ~ edge and _ ~ ~ o vN d W le seal of ~ £ ~O' Q. -~ that he is an-.Assistant Secretary ofLiberty Mutual: Insurance .Co_mpany; that he knows the seal of said corporation; and that he executed the above ~ a„" ,Pdwer of Attorney and affixed the corporate seal of Liberty Mutual insu"ranee Company thereto with the authority and at the direction of said corporation. G a IfJ.TESTIMONY WH ~iFF~ PA ~th~ unto subscribed my name and affixed my notanalseal at Plymouth Meeting, Pennsylvania, on the day and year v f st above written.. 2• ~at~u C j L .~ ~~! VOF~ ~C~ y C'AMIAOMVEISµ TH~O~NIV'SYLVMI46, -- ~- 0 3 .~ ~ 6F ~" TemsaPSSteBa tw*a7Pu£t : ~ ~~ ~ I~ " ~ ~ ~~Qg.. -~~ i ~ ~~, ~.;a~'µsy zg ~ ~. Ber sa Pastella, Notary Public- CERTIFICATE - ~ ~?fYt"V ~y\ 6'e<'!cer v ~syl~aam;txseda9onmxmeres I; the undersigned, Assistant ecretary of'Lf6erty Mutual Insurance Company, do~hereby certify that the' original power ofattomey of which the foregoing is a full trueandcorrect copy, is in full forceand effect on the'daf¢-of this certificate; and -F:do further certify that the:dfficer or official who executed the said power of attorney is an Assistant Secretary specially authorised by the-chairman or the' president to appoint attorneys-in-fact as provided in Article : XIII, Section:5.bf the By-laws of Liberty Mutual Insurance Company.- ` -- - - - .: This cerhfirafe and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the ~: ~ following vote ~of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a - certified copy of any power of attorney issued by the company in wnnection with surety bonds, shall be valid and binding upon the company - ~-~ -. with the same force and effect as though manually affixed. IN - IMO Y HEREOF Ja v ereunto subscribed my name and affixed the corporate seal of the said company, this _~_ day of "~V /~ ~ ,a By ! r - - _ ~~~ David M. Carey, Assn' Tit Secretary 0 v N p N M O 'r~ ~- ~~~a~a ~~Qa~~ ~~E~~ TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages; rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surely Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Properly Code, Effective September 1, 2001 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: TE Products Pipeline Company, LLC NO P.O. Box 4324 DATE: Houston, TX 77210-4324 08-07 The City of Port Arthur, pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-named permittee for the INSTALLATION of a proposed (I)-24 "GASOLINE pipeline(s) to be located in accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood that the City of Port Arthur does not hereby grant or purport to grant any right, claim title, interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and that the City may require the owners, at his expense, to lower, adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Permittee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline. required because of street improvements, utility or storm sewer crossings within the public rights-of--way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by,permittee at its expense. INSTALLATION of pipeline(s) within any public street, easement, alley, right-of--way, or grounds shall be performed in accordance with instructions of the City Engineer of the City of Port Arthur and permittee shall notify said City Engineer by letter in his office, forty eight (48) hours prior to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE, Permittee shall notify the City Engineer of such completion in order that the City Engineermay make a final inspection thereof. Special conditions for constructing, replacing or relocating pipeline(s) within the City aze as follows: A. All pipelines within or across Public rights-of--way shall be constructed with pipe meeting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline will be located longitudinally under any existing or proposed pavement. 2. All existing improved. streets shall be crossed by the bored method, and boring shall extend the full width of the street right-of--way plus a minimum of one (1) foot beyond said right-of-- way. Provide mazkers in accordance with Section 66-60. 1 3. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City Engineer. Repairs or restorations will be made in such manner as to equal or exceed the original condition and smoothness that existed prior to construction or operation of pipeline. 4: All drainage improvements or conditions shall be restored to as good or better condition than their original. 5. Any pipeline crossing under any improved street maybe required to be cased for a distance not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product carried in line shown on these vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shall be covered to a minimum depth of (4) feet below the ultimate flow lines of any existing ditches, which it crosses under. 8. The owners of any pipeline under construction shall provide flagmen, barricades, flares, and signs for the protection of the public for the duration of the work as instructed by the City Engineer. 9. Other conditions or restrictions deemed necessary to provide for full use of the public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, except as otherwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintained in accordance with the latest approved minimum standards established by the American National Standards Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there aze different standards among such agencies, the most stringent standazd shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be made as required by each section upon discovery of any leak or possibility of any leak within the City of Port Arthur. This notification shall include the information set out in each section, as well as all other significant facts known by the carver that. aze relevant to the cause of the failure or extent of the damages. 13. Pursuant to Section 66-62, permittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall provide at' a minimum the information required on the most current Texas Railroad Commission's leak report form. Upon request, such companies shall provide the following: 1. Construction records and test reports. 2. Operating. and maintenance procedures. 3. Emergency plan. 14: The provisions of this permit shall be subject to any Federal and State legislation, rules, or regulations enacted or adopted; or which shall be here after enacted or adopted, to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. 15. Hydrostatic test reports generated during construction are to be furnished to the City. 16. Permittee agrees that if in the event it becomes necessary to lower case or adjust the line(s) permitted herein because of future street improvements, utility or storm sewer crossings within the public rights-of--way covered by this Permit, saidline(s) shall be lowered, cased or adjusted at the sole expense of the Permittee or its assigns. 17. Permittee agrees to install pipe with a reinforced concrete coating within the limits of 600 feet before and 600' feet after passing any developed residential, recreational or commercial areas. 2 HOLD HARNII,ESS PROVISION This permit is subject to and incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinances. By acceptance of this Permit, permittee agrees to pay for all damages to or loss of City of Port Arthur's property which are caused by, result from, or arise out of permittee's construcfion, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur, and permittee further agrees to indemnify and hold the City of Port Arthur harmless against and from any and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and expenses to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulting from, arising, or growing out of or connected with the granting of this permit or permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results partly from the negligence of the City of Port Arthur, its agent, servants, or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTHUR BY: TITLE: DATE: ATTEST: City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION Ci Engineer ~~ ~ ~ Director of Planning City Attorney 3 All conditions of this Permit aze understood and agreed to by Permittee. ACCEPTED: Permittee: TE P~rodu/cJts~\Pipeline Company, LLC BY~ ~GU~J~ 1v.J Title: ~ /'Ne.v ?N ~7~LT Date: 2 - / ,~~ ATTEST: Seal AFFIDAVIT THE STATE OF rs iA r^!/L~,,§,// c COUNTY OF ~•~d IAN ~~tE~4~"~ BEFORE ME, the undersigned authority, on this day personally appeared - f ~ r,,l ~ ~ f Gi ,r ,known to me to.be a creditable person, who after Products Pipeline Company, LLC Representative) being duly sworn upon oath did depose and say: THAT he is (TE Products Pipeline Company, LLC Representative Title) and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is fully cognizant of the facts herein stated; THAT TE PRODUCTS PIPELINE COMPANY. LLC. proposes TO INSTALL (1)-24" PIPELINE THAT WILL CARRY GASOLINE. THE PROPOSED PIPELINE WILL BEGIN AT THE TEPPCO TERMINAL IN PORT ARTHUR, TEXAS AND TERMINATE AT THE MOTIVA TERMINAL IN PORT ARTHUR TEXAS. This proposed pipeline has been designed, will be constructed and will be tested in accordance with the DEPARTMENT OF TRANSPORTATION STANDARD CFR TITLE 49 PART 195 "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND PART IV OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with the plans and specifications submitted herewith. TE Products Pipe ine Company, LLC SUBSCRIBED AND SWORN TQ before me, by the Applicant, TE PRODUCTS PIPELINE COMPANY. LLC., on this ~ day of 2008 , to which witness my hand and seal of office. NOTARY PUBLIC ~ AND FOR THE STATE OF Ld as IS is H C~ Maine-4-1--`13utr!u #`~D9`~/ My Commission Expires: L.r~~ 80ND # 022-022-577 PIPELINEINSTALlATION BOND THE STATE OF TEXAS COUNTY OF]EFFERSON THAT we TL Products Pipeline Company, LLC principal, and Liberty MntuaS Insurance Company and suety, ,% authorized to do business in the State of Texas, admowledge ourselves bound tQ the Gty of Port Arthur, Texas, and/or any person, firm or corporation in the penal sum of _ Fourtp Five Thousand 6 no cents( 45,000.00 _) Dollars, for the payrr~nt of which will and truly be made, we blvd ourselves, our heirs, executors, and administrators, jointly and severalty be these presents. The conditlons of this obligation, however, are such that, whereas, the said _ TE Products Pipeline Companyaged in the business of constructing, operating, and maintaining a pipeline for the transportation of petroleum products within the City of Port Arthur, Texas, pursuant to Permit No. granted by the said City, said Permit requiring a bond to be furnished In accordance with Chapter 66, Article II, Section 66-57 (a) and (c), Code of Ordinances of said Gty of Port Arthur, Texas, wfiich said Permit and S~tion are made a part hereof for all intents and purposes. NOW, THEREFORE, be it understood that Pdndpai will comply with the terms and conditions of Chapter 66, Amide II, Sections, 66-51 through 66-69, Code of Ordinances, the aforesaid Permit issued thereunder, and will promptly pay, within the I(mits of the penal sum of this Bond, all damages for loss or injury suffered by the Gty of Port Arthur and/or any person, firm, or corporation that may result from Prindpal's operations under said Permit as it pertains to a pub!(c street, alley, er other public way or easement within the Gty of Port Arthur during the period until completion of the installation of the line or lines Is approved in writing by the Qty Engineer. This Bond PIPELINE INSTALLATION BONG G022-022-577 PAGE 2 shall inure to the benefit of the Gry and any person who may suffer a loss or Injury as stated shove. The expiration of the period which this Bond covers shall not affect any daim or cause of action thereon which may have accrued prior thereto, and the Bond shall remain fn force and effect as to such prior accrued dalms or causes of adion. IN TESI7MONY WHEREOF, witness our hands this 17tfi day of Jaanary , A.D., 2008 TE Products Pipeline Company, LLC CO CP, In/c. its sole manager 6Y: ~V i ~~.~ Are E~,n~„i/F( CCO Libe~ Ifutuat It}s~wce Company Cazol E. Hock- Attorney-In-Fact APPROVED AS TO FORM: City Attamey APPROVED FOR ADMINISTRATION this day of _, A.D., BY: a~t~.,P~• Gry nglneer ^' rde c~pfpeilnepermlts~majorpipelinepemdtblank t has authorized the offider or oth aws Gamer W -Elliott;, Assista may tie necessary_to`act in tiel ds,-recogoizances and-other sun true copies thereof and are~nbh 2231433'' ri the manner and to any");'a;~MassaGhusetts. stock insurance- constitute and appoint., OFTEXAS .:,: ............ il acknowledge and deliver, for and on its bliggationsin the penal'sum not exceeding "' " _ -r~ )each, and the l 00** - presents shall be:as`~binding upon the rir own proper persons: ~'~ ~. nt and subject to such:limitations as the ~ r to aci in behalf of the :Company to make, A rtes and:othersurety_-obligations. Such 'a re full power to bmd`the Company by their m hen so executed such instruments shall be ~ 'rn 7 rein to appoint attomeys_ m fact: ~ is hereby edge and ations. -' - - - rceand effect H~;,r~i ~t rna Criinoanv and.the corporate seal of c 0 n7 C A E to 0 0 bi c ,d d a IN TESTIMONY WH ~ ~~FC unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year _ fist above written; FQ.u~@AONt't'~y~f ,y OF : ~~-~" ~ `~. ~- "~ COMMONWEALTH OF PENNSYLVAMA Natadal Seal NUaryw~ :- Ter~t>~sa :~~ " ;. .: /"~^' - f ~sCJ 8 - . - .P . ~i6d71T°.°0.~ ` tty Pf rrt~sm ENa~ Met 7d 2t[8 y -"Ier sa Pastella, Notary Putilic.- _ LVP~tG Memoet.7'ann>j,ivena ASaxatkn o'Ndeilw CERTIFICATE - ~ ~,~~ t~y , ~ ,` ; ; ~._ .~ "~' I; the undersigned, Assistan cretary~df Liberty Mutual Insurahce Company; do hereby certify that the odginal power of attomey of which the foregoing ~~~::. is a full; frue~-andcomect copy, is in fialCioroe~and effect on tlie'date of thiscerMirate; and -1-ado further certify that the.nfficer or official who executed the _ "- `said power of-_attomey is an Assistan4 Secretary specially authdrzed by tfie dhairtnan or-the president td:appoint. attdmeys-in-fact as provided in Article "- XIII,:Seblion:5 ofihe By-laws of Liberty Mu[ual Insurance Company. _~: -This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the -' followingvote of the board of directors of Liberty Mutual Insurance Company at a meefing duly called and held on the 12th day of March, 1980. VOTEDaat the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a - - 'certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. ~ ..f~~ .~ IN IMO Y HEREOF v ereunto subscribed my name and affixed the coryorate seal of the said company, this ~ day of ~~, - r gy r w?s Davi M. Carey, Ass' "t Secretary .,.,_ .~ t,.,. _ r ,.~..,,-~_ R .a ~- ~li~.l~a important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. ft is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September J, 2001 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: TE Products Pipeline Company, LLC NO P.O. Box 4324 DATE: Houston, TX 77210-4324 08-08 The City of Port Arthur, pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-named permittee for the INSTALLATION of a proposed (I)-30 ° Gasoline pipeline(s) to be located in accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood that the_ City of Port Arthur does not hereby grant or purport to grant any right, claim title, interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and. that the City may require the owners, at his expense, to lower, adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Permittee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline required because of street improvements, utility or storm sewer crossings within the public rights-of--way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) within any public street, easement, alley, right-of--way, or grounds shall be performed in accordance. with instructions of the City Engineer of the City of Port Arthur and permittee shall notify said City Engineer by letter in his office, forty eight (48) hours prior to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE, Permittee shall notify the City Engineer of such completion in order that the City Engineer may make a final inspection thereof. Special conditions for constructing, replacing or relocating pipeline(s) within the City are as follows: A. All pipelines within or across Public rights-of--way shall be constructed with. pipe meeting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline will be located longitudinally under any existing or proposed pavement. 2. All existing improved streets shall be crossed by the bored method, and boring shall extend the full width of the street right-of--way plus a minimum of one (1) foot beyond said right-of- way. Provide markers in accordance with Section 66-60. 1 3. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City Engineer. Repairs or restorations will be made in such manner as to equal or exceed the original condition and smoothness that existed prior to construction or operation of pipeline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original. 5. Any pipeline crossing under any improved street may be required to be cased for a distance not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product carried in line shown on these vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shall be covered to a minimum depth of (4) feet below the ultimate flow lines of any existing ditches, which it crosses under. 8. The owners of any pipeline under construction shall provide flagmen, barricades, flares, and signs for the protection of the public for the duration of the work as instructed by the City Engineer. 9. Other conditions or restrictions deemed necessary to provide for full use of the public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, except as otherwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintained in accordance with the latest approved minimum standards established by the American National Standards Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there are different standards among such agencies, the most stringent standard shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be made as required by each section upon discovery of any leak or possibility of any leak within the City of Port Arthur. This notification shall include the information set out in each section, as well as all other significant facts known by the carver that are relevant to the cause of the failure or extent of the damages. 13. Pursuant to Section 66-62, pennittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall provide at a minimum the information required on the most current Texas Railroad Commission's leak report form. Upon request, such companies shall provide the following: 1. Construction records and test reports. 2. Operating and maintenance procedures. 3. Emergency plan. l4. The provisions of this permit shall be subject to any Federal and State legislation, rules, or regulations enacted or adopted, or which shall be here after enacted or adopted, to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. 15. Hydrostatic test reports generated during construction are to be famished to the City. 16. Permittee agrees that if in the event it becomes necessary to lower case or adjust the line(s) permitted herein because of future street improvements, utility or storm sewer crossings within the public rights-of--way covered by this Permit, said line(s) shall be lowered, cased or adjusted at the sole expense of the Permittee or its assigns. 17. Permittee agrees to install pipe with a reinforced concrete coating within the limits of 600 feet before and 600 feet after passing any developed residential, recreational or commercial azeas. 2 HOLD HARMLESS PROVISION This permit is subject to and incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinances. By acceptance of this Permit, permittee agrees to pay for all damages to or loss of City of Port Arthur's property which are caused by, result from, or arise out of permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur, and permittee further agrees to indemnify and hold"the City of Port Arthur harmless against and from any and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and expenses to the City of Port Arthur relating to such claims, suits, or demands; caused by, resulting from, arising, or growing out of or connected with the granting. of this permit or permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results. partly from the negligence of the City of Port Arthur; its agent, servants, or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTI-IiJR BY: ATTEST: City Secretary APPROVED AS TO FORM: City Attorney TITLE: DATE: APPROVED FOR ADMINISTRATION City ngineer ~~ ~. 2J Drrector of Planning 3 All conditions of this Permit aze understood and agreed to by Permittee. ACCEPTED: Permittee: TE P~-rodu~nct"~s P~ipeli~ne,C/om~pany~LLC By: ~(~,~,X_,~1J V ~ Title: ~ /Net -~!/ ~C/ Date: 2- (3 -0 8 ATTEST: Seal AFFIDAVIT THE STATE OF ~'7a1(~ /C~uct § COUNTY OF~S'f'~CIZ.Gt ~kFi §~`~~'~~ BEFORE ME, the undersigned authority, on this day personallyappeazed ~g~.. ~ ~~ ~.~,~ ~ ,known to me to be a creditable person, who after (TE Produces Pipeline Company, LLC Representative) being duly sworn upon oath did depose and say: THAT he is and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is fully cognizant of the facts herein stated; THAT TE PRODUCTS PIPELINE COMPANY. LLC. proposes TO INSTALL (1)-30" PIPELINE THAT WILL CARRY GASOLINE. THE PROPOSED PIPELINE WILL BEGIN AT THE TEPPCO TERMINAL IN PORT ARTHUR TEXAS AND TERMINATE AT THE EXPLORER TERMINAL IN PORT ARTHUR, TEXAS. This .proposed pipeline has been designed will be constructed and will be tested in accordance with the DEPARTMENT OF TRANSPORTATION STANDARD CFR TITLE 49. PART 195 "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND PART N OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with. the plans and specifications submitted herewith. i~,..~ TE.Products Pipeline Company, LLC SUBSCRIBED AND SWORN TO, `before me, by the Applicant, TE PRODUCTS PIPELINE COMPANY. LLC., on this 1~ Jam' day of ~ 2008 , to which witness my hand and seal of office. ~~~/ ~y>1 ~~?~~i~~ NOTARY PUBLIC AN FOR THE STATE OF ~d[riS~4/ti<<- ~la;n e. i~ /3r<rri2s '~ ~a9Sy My Commission Expues: U ~~ .. _ . _ ~; .. r_~ ~.. 80ND # 022-022-577 PIPELINE INSTALLATION BOND THE STATE OF TEXAS COUNTY OF JEFFERSON THAT we TE Products Pipeline Company, LLC principal, and Liberty Mutnal Insurance Company and surety, authorized to do business in the State of Texas, admowl~ge ourselves baunri tQ the Gty of Part Arthur, Texas, and/or any person, firm or corporation in the penal sum of _ Fourtp Five Thousand 6 no cents( 45,000.00 _) Dollar, for the payment of which wits and Truly be made, we bind ourselves, our heirs, executors, and administrators, jotnity and severalty be these presents. The conditions ofEhis obligation, however, are such that, whereas, the said - TE Products Pipeline Compaayk aged in the business of consWCtlng, operating, and maintaining a pipeline for the transportation of petroleum products within the Gty of Port Arthur, Texas, pursuant to Permit No. granted by the said Gty, mid Permit requiring a bond to be furnished in accordance w'th Chapter 66, Article II, Section 66-57 (a) and {c), Code of Ordinances of said Gty of Port Arthur, Texas, which said Permit and Section are made a part hereof far a!t intents and purposes. NOW, THEREFORE, be it understood that Principal w~l comply with the terms and. conditions of Chapter 66, Atttcle II, Sections, 66-51 through 66-b9, Code of Ordinances, the aforesaid Permit issued thereunder, and will promptly pay, within the limits of the penal sum of this Bond, all damages for toss or injury suffered by the Gty of Port Arthur and(or any person, firm, or wrporation that may result from Prindpal's operations under said Permit as it pertains to a pu61lc street, a0ey, or other public way or easement within the Gty of Port Arthur dudng the period until completion of the installation of the Line or lines is approved in writing by the Gty Engineer. This Band __ __ PIPELINE INSi"ALLATION BOND X022-022-577 - PAGE 2 shall inure to the benefit of the Gty and arty person who may suffer a loss or Injury as stated above. The explradon of the period wftidti [his Bond covers shall not affect any Balm or cause of action thereon whidt may have acwed prior thereto, and the Bond shall remain in force and effect as to such prior acaued Balms ar muses of action. IN TESTIMONY WHEREOF, witr3ess our hands this 17th day of 3anuary APPROVED AS TO FORhF: A.D., 2008 TE Products Pipeline Company, LLC CO CP, Inc. its sole managrert / l.~ ~ eY: dV'c.~~Ar. 6~nr.iA~ Libe lfixtual ~~,ance Company Cazol E. Hack- Afttorney-In-Fact Qty Attorney APPROVED FOR ADMINISTRATION this day of _,, A.D., City nglneer T Fite c:\pipellnepermits\majarplpelinepertnithlank ..-. --_ . :- _ ..... ~.... ~... ......,mnn.~evn nnrvr_oriirun ". stock insurance. .......................... I:del'iver, for and on Rs al'eum not exceeding "_) each, and the i:(as"tiinding upon the By law aril Authoozation: Te chairman or the preerdent, and sobled to such limitations as the ~ i-fact as'.may be ne6eesary to act;in_behalf of the::Company to make, its talungs, :bonds recoghizances and--pother surety; _oi5ligations. Such '6 ewers of attorney, shall have full power to bind the Compahy by their H ~e sealp(the Company[, When so e_xecu[ed such instruments shall be ~ - ~y -~ ~' ~ '~ l' -'' 3 or other official namedtherein to appoint attorneys_ in-fact: ~ . rw auani ~ .. _ is hereby ledge and ~,,.5~ /w/ ~.~ J Fuiott Assistant Secretary C ~ -On this 24th`- day of :October ="~= 2007 =,-.before me; a Notary Public, personally came Gamet W Elliott to me known, and acknowledged ~ ---that he is an:ASSistant Sdcretary of Liberty Mutual Insurance Compariy; that he knows the seal of saidcorporation; and that he ezecuted the above E a,.S :Power of Attorney and affixed the corporate"seat of LiberlyMutual Ihsri?ante Company thereto with the authodty and at the direcfion of said corporation. OL -.: o a IN TESTIMONY WH P~~fl unto subscdbed my name and affuced my notarial seal at Plymouth MeeLng, Pennsylvania, on the day and year v fist above written: aNw ~ 3 i -_ _ -_- t-~~o°~ .~_ ~ -CAMMDNwEAL~ N YLVAMA i (/% ~ ~'~ /~ ':: c 7 of Teraaaaaaes,,NVavamrc " : gy ,f:,C~7/.O~c) yti(/~® Z v ~-_ - ~~ ~trer ~~ Ter sa Pastella, Notary Public-: VQ `.rI ~~~ Memta PemnJ.,'aeua AC>xislbn NNate~ian' .CERTIFICATE ~: ~~, ~$v __ .. ~ ~ :, ;. :. ,- :~ ~~ -.I; the undersigned, Assistan ecretary of Liberty Mutual Insrirahce Company; do hereby certify that the odgmal power of attomey of which the foregoing ~: is a full, True-andcorrect copy, is in full force :and effect on the date of this:certificate; grid I,do further certify that the.officer or official who executed the _ ~ said power.ofattomey is an Assistant Secretary specially authodzed by the chairman or the: president to:appointatfomeys-in-fact as provided in Article `~- XIII, Sectioh-5.-ofthe By-laws of Liberty Mutual Insurance Company. . ~ This certificate and the above power of attorney may 6e signed by facsimile or mechanically reproduced signatures under and by authority of the `` following vote'of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTEDthat the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a -certified cppy of any power of attomey issued by the company in connection with surety bonds, shall be valid and binding upon the company _ ~ with-the same force and effect as though manually affixed. -~ IN IMO Y HEREOF v ereunto subscribed my name and affixed the corporate seal of the said company, this ~ day of - - - .> - ey - - -~F Davi M. Carey, Ass' "t Secretary C O E m c d a r rO r Lzhei-ty _. 1Vlutuat® lmpo~tant ~[otice TO OBTAIN INFORMATION ABOUTTHIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concemirig a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Properfy Code, Effective September 1, 2001 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: TE Products Pipeline Company, LLC NO P.O. Box 4324 DATE: Houston, TX 77210-4324 08-09 The City of Port Arthur, pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-named permittee for the INSTALLATION of a proposed (I)-30"Distillate pipeline(s) to be located in accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood-that the City of Port Arthur does not hereby grant or purport to grant any right, claim title, interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and thaYthe City may require the owners, at his expense, to lower, adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Permittee shall be required to pay for and be responsible for any adjustments or casings, etc. of its' pipeline required because of street improvements, utility or storm sewer crossings within the publicrights-of--way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) within any public street, easement, alley, right-of--way, or grounds shall be performed in accordance with instructions of the City Engineer of the City of Port Arthur and permittee shall notify said City Engineer by letter in his office, forty eight (48) hours prior to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE, Permittee shall notify the City Engineer of such completion in order that the City Engineer may make a final inspection thereof. Special conditions for constructing, replacing or relocating pipeline(s) within the City are as follows: A. All pipelines within or across Public rights-of--way shall be constructed with pipe meeting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline will be located lorigitudinally under any existing or proposed pavement. 2. All existing improved streets shall be crossed by the bored method, and boring shall extend the full width of the street right-of--way plus a minunum of one (1) foot beyond said right-of- way. Provide markers in accordance with Section 66-60. 1 3. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City Engineer. .Repairs or restorations will be made in such manner as to~equal or exceed the original condition and smoothness that existed prior to construction or operation of pipeline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original. 5. Any pipeline crossing under any improved street may be required to be cased for a distance not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product carried in line shown on these vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shall be covered to a minimum depth of (4) feet below the ultimate flow lines of any existing ditches, which it crosses under. 8. "I'he owners of any pipeline under construction shall provide flagmen, barricades, flares, and signs for the protection of the public for the duration of the work as instructed by the City Engineer. 9. Other conditions or restrictions deemed necessary to provide for full use of the public right- of-way, and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, except as otherwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintained in accordance with the latest approved minimum standards established by the American National Standards Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there aze different standazds among such agencies, the most stringent standazd shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be made as required. by each section upon discovery of any leak or possibility of any leak within the City of Port Arthur. This notification shall include the information set out in each section, as well as all other significant facts known by the carrier that aze relevant to the cause of the failure or extent of the damages. . 13. Pursuant to Section 66-62, permittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall provide at a minimum the information required on the most current Texas Railroad Commission's leak report form. Upon request, such companies shall provide the following: 1. Construction records and test reports.. 2. Operating and maintenance procedures. 3. Emergency plan. 14. The provisions of this permit shall be subject to any Federal and State legislation, rules, or regulations enacted or adopted, or which shall be here after enacted or adopted, to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. 15. Hydrostatic test reports generated during construction are to be furnished to the City. 16. Permittee agrees that if in the event it becomes necessary to lower case or adjust the line(s) permitted herein because of future street improvements, utility or storm sewer crossings within the public rights-of--way covered by this Permit, said line(s) shall. be lowered, cased or adjusted at the sole expense of the Pennittee or its assigns. 17. Permittee agrees to install pipe with a reinforced concrete coating within the limits of 600 feet before and 600 feet after passing any developed residential, recreational or commercial azeas: 2 HOLD HARMLESS PROVISION This permit is subject to and incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinances. By acceptance of this Permit, permittee agrees to pay for all damages to or loss of City of Port Arthur's property which are caused by, result from, or arise out of pernvttee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur, and permittee further agrees to indemnify and hold the City of Port Arthur harmless against and from any and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and expenses to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulting from, arising, or growing out of or connected with the granting of this permit or permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results partly from the negligence of the City of Port Arthur, its agent, servants, or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and furnished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTHUR BY: TITLE: DATE: ATTEST: City Secretary APPROVED AS TO FORM: APPROVED FOR ADMINISTRATION Q. iQ.E . Ci Engineer ~~ Director of Planning Attorney 3 All conditions of this Permit are understood and agreed to by Permittee. ACCEPTED: Permittee: TE ~P,roducnnts Pipeline Company, LLC By: ~(~-~ Title: ~ f JO r'r~ .~~/ /~jt~ Date: Z -(~j - O 8 ATTEST: Seal 4 AFFIDAVIT THE STATE OF ~S '.r N G§ COUNTY' OF Sfi~ ~iT ~ / BEFORE ME, the undersigned authority, on this day personally appeared ~~t,c, ~ ~ ~ (~ ,known to me to be a creditable person, who after (TE Products Pipeline Company, LLC Representative) being duly sworn upon oath did depose and say: THAT he is ~]-'~tUr n2~_ tea.. YJ"d-eXk (7"E Products Pipeline Company, LLC Represen[auve TNe) and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is fully cognizant of the facts herein stated; THAT TE PRODUCTS PIPELINE COMPANY. LLC. proposes TO INSTALL (1)-30" PIPELINE THAT WILL CARRY DISTILLATE. THE PROPOSED PIPELINE WILL BEGIN AT THE TEPPCO TERMINAL IN PORT ARTHUR. TEXAS AND TERMINATE AT THE EXPLORER TERMINAL IN PORT ARTHUR. TEXAS. This proposed pipeline has been designed, will be constructed and will be tested in accordance with the DEPARTMENT OF TRANSPORTATION STANDARD CFR TITLE 49. PART 19.5. "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND PART IV OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with the plans and specifications submitted herewith. TE Products Pipeline Company, LLC SUBSCRIBED AND SWORN TO, before me, by the Applicant, TE PRODUCTS. PIPELINE COMPANY. LLC, on this lr~~~~day of 2008 , to which witness my hand and seal of office. NOTARY PUBLIC IN AN FOR THE STATE OF ~ ui~~ r~ ~1ginC~ i~E I~ur2S ~ ~~`fl My Commission Expires: Laf-~. BOND # 022-022-577 PIPELINE INSTALLATION BOND THE STATE OF TEIAS COUNTY OF IEFFERSON THAT we TE Products Pipeline Company, LLC prindpal,and Liberty Mutual Insurance Company '~ and surety, authodzed to do business in the State of Texas, acknowledge ourselves bound' to the. City of Port Arthur, Texas, and/or any person, firm or corporation in the penal sum of _ Fourty Five Thousand fi no ceats($ 45,000.00 _) Dollars, for the payment of which will and truly be made, we bind ourselves, our heirs, executors, and administrators, jointly and severally be these presents. The conditions of [his obligation, however, are such. that, whereas, the said _ TE Products Pipeline Companyk ~'ag~ in the business of constructing, operating, and maintaining a pipeline for the transportation of petroleum products within [he Gty of Port Arthur, Texas, pursuant to Permit No. granted . by the said Gty, said Permit requiring a bond to 6e fumished In accordance with Chapter 66, Article II, Section 66-57 (a) and (c), Code of Ordinances of Bald Gty of Port Arthur, Texas, which said Permit and Section are made a part hereof far a!f intents and purposes. NOW, THEREFORE, be It understood that Pdndpal will comply with the terms and conditions pf Chapter 66, Article II, Sections, 66-51 through 66-69, Code of Ordinances, the aforesaid Permit issued thereunder, and will promptly pay, within the limits of [he penal sum of this Bond, all damages for loss or injury suffered by the City of Port Arthur and(or any person,~firm, or corporation that may result from Prindpal's operations under said Permit as it pertains to a public street, alley, or other public way or easement within the Gty of Port Arthur during the, period until completion of the installation of the Tine or lines Is approved in writing by the Gty Engineer. This Bond -- -~ BOND # 022-azz-sly PIPELINE INSTALLATIOPI BOND THE. STATE OF TEXAS COUNTY OF JEFFERSON principal, and THAT we TE Products Pipeline Company LLG Liberty Matual Insurance Company and surety, authorized to do business in the State of Texas, admowledge aurselves bound in the City of Port Arthur, Texas, andJor any person, fmn or corporation in the penal sum of _ Fourty Five Thousand ~ no cents{~ 45,000.00 _) 6ollars, for the payment of which w71 and truly be made, we b(nd ourselves, our heirs, executors, and administrators, jotnily and severalty be these presents, The conditions of this obGgatlon, however, are such that, whereas, the said _ TE Products Pipeline Companypsaged in the business of constructing, operating, and maintaining a pipeline for the transportation of petroleum products within the City of Port Arthur, Texas, pursuant to Pertntt No. granted by the sa(d City, said Permtt requidng a bond to be furnished In accordance with Griapter fib, Article II, Section 66-57 {a) and {c), Coda of Ordinances of said City of Port Arthur, Texas, which said Permit and Section are made a part hereof far ail intents and purposes. NOW, THEREFORE, be it understood that Pdndpal will comply with. the terms and conditions of Chapter 66, Article II, Sections, 66-51 through 66-69, Code of Ordinances, the aforesaid Permit issued thereunder, and will promptly pay, within the omits of the penal. sum of this Bond, all damages for loss or injury suffered by the City of Port Arthur andJor any person, firm, or corporation that may result from Prindpal's operetlans under said Permit as tt pertains to a public street, alley, er other public way or easement within the Gty of Port Arthur during the pedod untll completion of the installation of the tine or lines is approved in writing by the Qty l:nglneer. Thts Band - PIPELINE INSTAIIATION 80ND #022-022-577 PAGE 2 shall inure to the benefit of the Gty and arty person who may suffer a loss or injury as stated above. The explradon of the period which this Bond covers shaft not affect any dafm or muse of action [hereon whidt may have accrued prior thereto, and the Bond shall remain fn farce and effect as to such pdor accrued dalms or ®uses of action. IN TESTIMONY WHEREOF, witness our hands this 17tfi day of January APPROVED AS TO FORM: Attorney A.D., 2008 TE Products P£peliae Company, LLC EI• PCO CP, Inc. £ts sole manager c~ G BY: ~{ i~L~Ar. {~.ey„iAf L£b I~lntual - ce Company 8Y: Cazol E. Hock- Attorney-In-Fact APPROVED FOR ADMINLSTRATION this day of _, A.D., BY: ~, ~, ~ Gty igtneer file c:\plpellnepermlLS\majorplpeline}~e~mithlank "each individually 'rf there be more than-one named; its hue and.lawful atomey-m-fact to make execute; seal acknowledge and deliver for and on its ..-behalf as surety and as its': act and deed, and arid all=undertakm_gs_; bonds, recognizances afid other suretyry obhggationgm the pena~sum not exceeding TWENTY-.FIDE MILLION.AN~ 00!100** '-"`**** **'* DOLLARS;($ 25;000;600.OU***'* _ 1 each, and the execution ofauch undertakings bonds;; recogniiances and other surety obligations, in pursuance of :these presents, shall be as binding upon the '.Company asif-they had tieen duly signed by the president and:attested by the secretary of the Company in their own proper persons:: s= ,That this power is made aril executed pursuant to and by authonty'of the following By law and Authonzatioh ARTICLE XIII Execution of Contracts Section 5. Surety-Bonds and ~Undertakmgs~,;. ~- _ ~:~: -- °~ ~Any_officer of the Compahy authonzed for tliat purpose m writing by the chairman or the president and subject to such limitations as. the _ ~ :"chairman or tBe(piesidenf=may`prescribe, shall appoinYSi~ch atto}neys-m-fact, as may be necessary to acl--in:behalf of-the; Company to make, ~ - ezesute, seal, -acknowledge and deliver~as surety any and al(undertakings, :bonds recog"nuances and-::other surety; -obligations. Sucfi ~ attorneys-in"fact; subject [o the limitations set forth in their respective:~powers oYattomey, shall have full power to bind !tie Company by their H p -signature and'execution of any such instruments and toattach thereto the seal of,the Company;: When so executed such instruments shall be ~ ~- - a§bindmg as if signed by thepresident and attested by,the'secretary:_-. -_ - _ - 3 Y y By the following instrument the chatrman.or the president has auflionzed the offider or other official named therein to appoint attorneys in fact: a p c :. Pursuant to Article XIII, Section 5 of the ~By Laws Garnet W Elliott; AssistantSecretary of Liberty Mutual Insurance-Company, is hereby ~ ~ :~~ ~. autlionzed to_appomt such attorneys m. fact as may be,necessary to act m behalf'of the Company [o make;~execute seal acknowledge and _ ~ ~ _ ;= deliver as surety.any and all-ufidertakings bonds recdgnizances and$ther surety gbligations. _~ - - - ~ ern;, `.': ,.- '._ e~ ~ a> .That the By-law and the A"uthonzation set forth above are We copies thereof and are now in full force and effect. _ y W ~ ~ IN WITNESS WHEREOF; this Power of Attorney has been subscribed by `an. authonzed:,officer or offcia of the Company and the corporate seal of C?Q p ns _Liberty tvlutual-lnsurance.GOmpany has been affixed thereto in Plymouth Meeting, Pennsylvania thrs 24th day of ~- October :. Q- Q v ~_- 2007 - ~ _ - - - ~ - C ~ ~~ ~ - ~ - _ LIBERTY MUTUAL INSURANCE COMPANY `m c o~' -_ 3~ *- O ~ ~ :: -. '. ~. ~Y Garnet W. Elliott, Assistant Secretary - ~ Loa y „`, -COMMONWEALTH OF PENNSYLVANIA ss " " asH -COUNTY OF MONTGOMERY - - - `O p tom - -, , my , - Td C C- Oh this 24th- day of -"October -~~ 200T,:betore me,.a Notary Public, personally came Garnet W Elliott, to me known, and acknowledged != d ~ -- -that he is an~Assrstant Secretary of Liberty Mutual:Insurance Company; that he knows the seal of said corporation; and that he executed the above ,v_ E -~; --Power of Attorney and affixed the corporate seal ofLiberty:MUtual Insurance Company thereto with the authority and at the direction of said corpomton. «i ~ ~ ~ IN TESTIMONY WH F _R~e, unto subscribed my name_and affixed my notadal seal at Plymouth Meeting, Pennsylvania, on the day and year t °c v firs[ above written. 4. n,ONV/~ ~ `~ Nw ~ ~ ~ !a 9 COMFdONwEALTH Of PENNSYLVANW _~ ~ `~ ~- ~ ~ i - ~_ !~ 4~ '-.2 ~tiofaded Soar ~ 3 .:.- _ - OF ~ TereSaPastela NC~R'~ - gY ~'U'G~ '^'v"'-"-"'°" 00 Z V ~, ~ .P Teq., Ma~nery Caiay : - V r ~~~ ~ ~:. ~ Ter sa Pastella, Notary Putific: o ~~- - NP~~C? .~.. *, Fpnnsytvenla;lssa4lW CNtlNae Hr CERTIFICATE'-~ ~,¢~ ~v:. . J; the undersigned, Assistan ecretary of Liberty Mutual Insurance Company,~do hereby cerrofy that ttieodgma powerof~attomey of which the foregoing -.-_-is a full; true--and':correct copy, is in fulfforce ;and effect on the date of this-certificate; and,l:~do further certiTy_that the.;offcer or official who executed the sad power.of attorney is an Assistant Secretary specially authorized by the oharman or the'president to.appoint.attomeys-in-fact as provided in Article :: XIII, Sections.-ofihe By-laws of Liberty Mutual Insurance Company.' ~ - - -._-Thrs certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the " fiillowing:vete of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED-that the facsimile or mechanicaly reproduced signature of any assistant secretary of the company, wherever appearing upon a _ ~- ~ 'certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company - with4he same force and effect as though manually affixed. - IN/7 IM'~O/r~~j{~IY~t/~}~/r{^1E/REOF v ereunto subscribed my name and affixed the corporate seal of the said company, this ~ day of - _ ~ - '~+~'~~°` David M. Carey, Ass' "t Secretary q-Y _ Lihe>~-ty -- -- M>~.tua1 tn~tpor~tant Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for informafion purposes only and does not become a part of or a condition of the attached document. It is given to comply wifh Section 2253.048, Government Code, and Section 53.202, Properly Code, Effective September 7, 2001 _- ~hei-ty -- 1Vlutualo fmpo~tan~ ~®tice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of insurance to obtain information on companies, coverages, rights or complaints at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: TE Products Pipeline Company, LLC NO P.O. Box 4324 DATE: Houston, TX 77210-4324 08-10 The City of Port Arthur, pursuant to Chapter 66, Article II, Sections 66-51 through 66-69, Code of Ordinances, hereby grants permission to the above-named permittee for the INSTALLATION of a proposed (1)-20 "Refined Product pipeline(s) to be located in accordance with the drawings and/or Specifications attached hereto and made part hereof. It is expressly understood that the City of Port Arthur does not hereby grant or purport to grant any right, claim title, interest, easement, or right-of--way on any property upon which such pipeline(s) and related valves, structures, etc. may be located pursuant hereto, and that the City may require the owners, at his expense, to lower, adjust, relocate, or remove such pipeline(s) on or from any public property upon thirty (30) days written notice to the owner or agent thereof. Permittee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline required because of street improvements, utility or storm sewer crossings within the public rights-of--way covered by this permit. This permit is issued subject to all necessary rights- of-way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) within any public street, easement, alley, right-of--way, or grounds shall be performed in accordance with instructions of the City Engineer of the City of Port Arthur and permittee shall notify said City Engineer by letter in his office,. forty eight (48) hours prior to any work pertaining to INSTALLATION OF PIPELINE therein. Upon completion of such INSTALLATION OF PIPELINE, Permittee shall notify the City Engineer of such completion in order that the City Engineer may make a final inspection thereof. Special conditions for constructing; replacing or relocating pipeline(s) within the City are as follows: A. All pipelines within or across Public rights-of--way shall be constructed with pipe meeting DOT CLASS 4 design requirement for wall thickness. 1. No pipeline. will be located longitudinally under any existing or proposed pavement. 2. All existing improved streets shall be crossed by the bored method, and boring shall extend the full width of the street right-of--way plus a minimum of one (I) foof beyond said right-of-- way. Provide markers in accordance with Section 66-60.. 1 3. Any pavement repairs or right-of--way restoration necessitated as a result of the construction or operation of any pipeline shall be made in accordance with instructions set out by the City Engineer. Repairs or restorations will be made in such manner as to equal or exceed the original condition and smoothness that existed prior to construction or operation of pipeline. 4. All drainage improvements or conditions shall be restored to as good or better condition than their original. 5. Any pipeline crossing under any improved street may be required to be cased for a distance not less than one (1) foot beyond the right-of--way line of said street. Casings shall have two (2) vents with the owner's name and product carried in line shown on these vents. Casings shall be approximately the same diameter as the bored hole. 6. All pipelines shall be protected by adequate and approved cathodic protection measures. 7. Pipelines shall be covered to a minimum depth of (4) feet below the ultimate flow lines of any existing. ditches, which it crosses under. 8. The owners of any pipeline under. construction shall provide flagmen, barricades, flares, and signs for the protection of the public for the duration of the work as instructed by the City Engineer. 9. Other conditions or restrictions deemed necessary to provide for full use of the public right- of-way,. and provide for the safety and convenience of the public shall be applied in cases not herein covered. 10. Pipelines shall be not less than four (4) feet below ground surface, except as otherwise specified above. 11. Said pipeline shall be designed, constructed, operated and maintained in accordance with the latest approved minimum standazds established by the American National Standazds Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there aze different standards among such agencies; the most stringent standazd shall apply for purposes of this permit. 12. Pursuant to Section 66-61 and Section 66-62 telephone notification to the City shall be made as required by each. section upon discovery of any leak or possibility of any leak within the City of Port Arthur. This notification shall include the information set out in each section, as well as all other significant facts known by the carrier that are relevant to the cause of the failure or extent of the damages. 13. Pursuant to Section 66-62, permittee shall file within thirty (30) days of the discovery of any leak a written report with the City Engineer. Such report shall provide at a minimum the information required on the most current Texas Railroad Commission's leak report form. Upon request, such companies shall provide the following: 1. Construction records and test reports. 2. Operating and maintenance procedures. 3. Emergency plan. 14. The provisions of this permit shall be subject to any Federal and State legislation, rules, or regulations enacted or adopted, or which shall be here after enacted or adopted, to the extent that such laws and regulations shall preempt or supersede the authority of the City with respect to this Permit or provision hereof. 15. Hydrostatic test reports generated during construction aze to be furnished to the City. 16. Permittee agrees that if in the event it becomes necessary to lower case or adjust the line(s) permitted herein because of future street improvements, utility or storm sewer crossings `within the public rights-of--way covered by this Permit, said line(s) shall be lowered, cased or adjusted at the sole expense of the Permittee or its assigns. 17. Permittee agrees to install pipe with a reinforced concrete coating within the limits of 600 feet before and 600 feet after passing any developed residential, recreational or commercial areas. 2 HOLD HARMLESS PROVISION This permit is subject to and incorporates fully Chapter 66, Section 66-51 through 66-69, Code of Ordinances, By acceptance of this Permit, permittee agrees to pay for all damages to or loss of City of Port Arthur's property which are caused by, result from, or arise out of pemuttee's construction, operation, maintenance, repair orsemoval of such pipeline(s) within the City limits of the City of Port Arthur, and permittee further agrees to indemnify and hold the City of Port Arthur harmless against.and from any and all suits, claims, and demands for damages to or loss of property of others or for personal injuries to or death of persons whomsoever, including all necessary costs and expenses to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulting from,. arising, or growing out of or connected with the granting of this permit or permittee's construction, operation, maintenance, repair or removal of such pipeline(s) within the City limits of the City of Port Arthur; this indemnity provision shall apply notwithstanding that said damages and loss results partly from the negligence of the City of Port Arthur, its agent, servants, or employees. This permit shall not become effective until the permittee has subscribed its acceptance hereof and famished the City with bond and certification of liability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTHUR ATTEST: City Secretary APPROVED AS TO FORM: City Attorney BY: TITLE: DATE: APPROVED FOR ADMINISTRATION -4L-~,,.r Q. C~-ou..,G~ P. ~ . Cit} Engineer ~~~~ Director of Planning 3 All conditions of this Permit are understood and agreed to by Permittee. ACCEPTED: Permittee: ts Pipeline Company, LLC Produc TE BY~ ~ ~ .~a- ~ cA I Title: JJ '' pp ^~- /' ~- (~t T7o /'N.1_-d'r/ ~c~u Date: 2 - (3 - 6 8 ATTEST: Seal 4 AFFIDAVIT THE STATE OF t fGc G § COUNTY OF S'f~J a ~~~ ~e.~§~~~ BEFORE ME, the undersigned authority, on this day personally appeazed ~(1-cr.. ~ ~ ~^G. ~ f?. , known to me to be a creditable person, who after (TE Products Pipeline Company, LLC Representative) being duly sworn upon oath did depose and say: THAT he and that he is fully authorized to make this Affidavit on its behalf as its representative and that he is fully cognizant of the facts herein stated: THAT TE PRODUCTS PIPELINE COMPANY. LLC. proposes TO INSTALL (1)-20" PIPELINE THAT WILL CARRY REFINED PRODUCT. THE PROPOSED PIPELINE WILL BEGIN AT THE TEPPCO TERMINAL IN BEAUMONT. TEXAS AND TERMINATE AT THE TEPPCO TERMINAL IN PORT ARTHUR. TEXAS. This proposed pipeline has been designed, will be constructed and will be tested in accordance with the DEPARTMENT OF TRANSPORTATION STANDARD CFR TITLE 49, PART 195. "TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE" AND PART IV OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with the plans and specifications submitted herewith.. ~~ TE Products Pipeline Company, LLC SUBSCRIBED AND SWORN TO, before me, by the Applicant, TE PRODUCTS PIPELINE COMPANY, LLC., on this ~ day of ~JC 2008 , to which witness my hand and seal of office. ~ ~ NOTARY PUBLIC AND ~ OR THE STATE OF Lpry~icY/'ICt~ ~`~~H~f~/3~-rr~r_s ~o9y/ My Commission Expires: ~~~~ BOND # 022-022-577 _ - PIPELINE INSTALLATION BOND TiiE 51'ATE OF TDlAS COONTY OF.TEFFERSON THAT we ~ Products Pipe7iae Company LLC princpal,and Liberty I4atual Insurance Company and surety, authorized to do business in the State of Texas, acknowledge ourselves bound to the Gty of PortArthur, Texas, and/or any person, firm or corporation in the penal sum of _ i?ourty I*lve Thousand 6 no cents( 45,000.00 _) Dollars, for the paynu'nt of which will and holy be made, we bind ourselves, our heirs, executors, and administrators, jofndy and severalty tie these presents, The conditions of this ohtigatlon, however, are such that; whereas, the said` TE Products Pipeline Company'aged in the business of rnnstiucling, operating, and maintaining a pipeline for the transportation of petroleum products within. the Gty of Port Arthur, Texas, Pursuant th Permit No. - granted by the said Gty, saki Perm[t requiring a bond to be furnished in accordance with Chapter 66, Article II, Section 66-57 {a) and (c), Code of Ordinances of said GIy of Port Arthur, Texas, which said Permit and Section are made a part hereof for afl intents and purposes. NOW, THEREFORE, be It understood that Prlndpa! will comply with the terms and wnditions of Chapter 66, Article II, Sections, 66-51 through 66-69, Code of Qrdinances, the aforesaid Permit issued thereunder, and will promptly pay, within the limits of the pens! sum of this Bond, ail damages. for loss or injury suffered by the Gty of Port Arthur and/or any person, firm, or corporatlon that may result from Prindpal's operations under said permit as it pertains to a public street, afley, or other public way or easement within the Gty of Port Arthur during the period~until completion of the installation of the tine. or lines is approved Fn writing by the Gty Engineer. This Bond s~ a~ .. - - PIPELINE INSTALLATION HONG -$022-022-577 ~ PAGE 2 _ shall Inure to the benefit of the City and any person who may suffer a loss. or injury as stated above. The explratlon of the period vfiich UiEs Bond covers shall not affect any dalm or cause of adion thereon whldt may have accrued prior Fhereto, and the Bond shall remain fn force and effect as to such prior accrued Balms or mouses of adion. IN TESTIMONY WHEREOF, witness our hands this 17tfi day of _ January APPROVED AS TO FORM: Attorney A.O., 2008 TE Prodncts Pipeline Company, LLO CO 6P, Inc. its sole manager GCO _ ~_. Lib iiatuwl I~snF~nce Oompany BY:,L I/~A/iI ~/ ~~ .--~~ Carol E. Hock- Attorney-In-Fact APPROVED FOR ADMINTSfRATION this day of _, A.D., BY: ~ ~,Fv. City • gineer fife c:~plpe3lnepermlts\majorpipelinepermithlank anyeiicept din the manner and fo a~~~IvtassacFiusefis. stock insurance. for and 6n its not exceeding each, and the ring upon the That this power.~s made and~executed pursuant to and,by authontybf the fotlowing By-law and Authorization ARTICLE XIII ~ Execufion of Contracts Section 5 Surety Bonds and Undertalnngs ;~. ~ " ~~-- _: ~ - Any_officer of t6e~_Company authorized for~that purpose[in writing byahe chairman or the president and subject to such limitations as the chainiian or the president may prescribe, shall appoinYSUCh attorneys-in fact ds'may be necessary to adt inbehalf of the;Company to make ~ _ , execute seal; acknowledge,arid deliver as surety any%and all,-ahdertakmgs, bonds recognizances and other surety': obligations. Such " 'e attomeys in fact, subject to tneLmitations set forth in their respective powers of attomey, shall tiave full pbwer to bind the Company by their H signature and ezecufion of anyauch instruments and to"attach thereto.~the seal.of,the Company.,: Whenso ezecutedsuch in"strumenis shall be m _,_ asbinding as if signed by thepresident ands attested byttie secretary. ~,~_: --5 - , . 5: : - -. - _ ;- ~ _ By.the following:insirument tiie chavman or tha president has authorized the officer or other official named therein io appoint attomeys-m-fact: ~ Pursuant to Artcle_XIII, Section 5 of the By-Laws Garnet W. Elliott,~_ASSistant Secretary of Liberty Mutual~lnsurance C ornpany, is hereby C _ authdnzed to appoint such attomeys m-facLas may be. necessary' to-aqi m behalf _of the Company to make; execute, seaF,_~ackndwledge and ra - deliver as surety ariy and all uniiertakings, bohds, recoghizande"s and other surety obligations. - - - - ~ ~ o That the By law:and the Authorization set forth above are true copies thereof andare now in ful6 force and effect IN'WITNESS WHEREOF, this Power ofAttomey tias: been subscribed by an authorized officer or officiallof the Company and the".corporate seal of ~ Liberty Mutual-Insurance Company has been affixed~thereto in Ptymouth Meeting;;Pennsylvani_a this 24th-~ day of -October-:. ~-.~ - ;2 ' ~ -~-~ ; 007 - _ - - _ - - _ - Q ioj: _ - - -_ - - - iIBERTY MUTUAL INSURANCE COMPANY - i'O y _ <. ~ 3 c ~ -- ~ ~ Gamet W. Elliott, Assistant Secretary - :OMMONWEALTH OF PENNSYLVANIA- ss ~ ~ N p t o :OUNTY,OF INQM'GONIERY = ~ - .... w~ - G ~ ~n-this 24th '<day of October "': 2007 ,before me, a~Notary Public, personally came Gamet W. Elliott. to me known, and acknowledged ~ d hat. he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and That he executed the above ' 9 ower of Attorney and affixe~ih~`rpoiete'seal.-of Liberty Mutual Insurance Company thereto with the authority and at the direction of said coryoration m~ . INJESTIMONY-WF ~N O p ~, _ _]~@ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year L v V first above written: - 2• ON41 ( -- ' > i _ :~ ~+'[! VO~ -" ~Z y 't:OMMONWFJJ~ N YLVAtNt -. ~' .~. "~ E c4 Zv -- - OF .-_ ierxavmssea NrRay R~b~ ~. BY ~ .C~ ~Q' ppyry,,,„~~r ~~g~ Ter sa Pastella, Notary PublicF O U r CERTIFICATE --- ~fJ~~.~ ~ Vim. annnairvenm ASnaatmam NOmAae: F~ I, the undersigned, Assistant ecretary of Lfierty Mutual Insurance Company, do hereby ceriify that the ~onginal power of attomey of which the foregoing is a-full, true and-,correct copy, is in full fprceand effect on the date:of this cerlifirate; and I.do further certify that the.officer or official who executed the ~-said-power of attomey is an Assistant Secretary specially authorized by ifie dhairman or the president to appoim aifomeys-in-fact as provided in Article XIIh_Section S.of-the By-laws of Liberty Mutual Insurance Company.--- ~ - This~certficate sand the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED-that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attomey issued by the company in connection with surety bonds, shall be valid and binding upon the company . - - ' - _ witli-the same force and effect as though manually affixed. IN ~ IMO Y ~~ HEREOF v ereunto subscribed my name and affixed the corporate seal of the said company, this _~~ day of Davi M. Carey, Ass' 't Secretary - -~.ibe>~fy 1Vlutual® Impo~ant ~®tice TO OBTAIN INFORMATION ABOUT THIS BOND OR 70 MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obtain. information on companies, coverages, rights or complaints. at: 800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: Liberty Mutual Surety Interchange Corporate Center 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462-8284 You may contact the claim office by telephone at: 610-832-8240 Premium or Claim Disputes If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. This notice is for informafion purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001