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HomeMy WebLinkAboutPR 14663: HSC PIPELINE & TE PRODUCTS PIPELINE - PIPELINE PERMITS interoffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark Sokolow, City Attorney ~~ ~(/'jy~ Date: April 18, 2008 Subject: P. R. No. 14663 - Council Meeting April 22, 2008 Attached is P. R. No. 14663 as it pertains to the issuance of pipeline permits to HSC Pipeline Partnerships, L.L.C. and TE Products Pipeline Company, L.L.C. This was removed from the April 8, 2008. It is being placed back on the agenda for Council consideration .at the request of the City Manager. MTS:ts Attachment cc: Director of Public Works Director of Planning z.pr14663_memo PUBLIC WORKS DEPARTMENT COUNCIL ACTION MEMO r' _ -- -~_- ~•._- _. ~~ 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) productslines within the corporate limits of the City of Port Arthur. These lines traverse a route that begins near the Northerly City Limits located on the West side of West Port Arthur Road (Spur 93) just South of the BASFPIant 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, March 25, 2008 at 9100 ?..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 heazing. 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 $4,000.000 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~ G..C~-~.~., , P:E John A. Comeaux, P.E. Duector of Public Works r4~i'. 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 of Port 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 within the 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 08-01 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 near the northerly City Limits located on the west side of West Port Arthur Road (Spur 93) just south ofthe 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 meeting of the City of Port Arthur, Texas by the following vote: Ayes Mayor: Mayor Attest: City Secretary APPROVED AS TO FORM: (SEE CONFIDENTIAL Hato) City Attorney P.R. No. 14663 Page 3 APPROVED FOR ADMINISTRATION: ~, Steve itzgibbons City Manager Jo A. Comeaux, P.E. Director of Public Works Dale Watson Director of Planning EXHIBIT ~~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 Facility located 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, `ter,-.Q.a,A..f , Q. ~ o John A. Comeaux, P.E. For Citizens Pipeline Advisory Committee Attachments: Copy of Minutes z:Katherine/letters/pipeline mayor and council 20081 TEPPCO 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 Earl Tezeno Mike Capello John Jewet Todd Mayfield Paul D. Lair Janett 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 7EPPC0 EXHIBIT ~B" CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: HSC Pipeline Partnership LLC NO 08-O1 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 j1)-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 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. I . 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 standards 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 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 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 Perrnit, 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 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 pemuttee 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 geowing out of or connected with the wanting 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 lose 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 ARTI-IIJR BY: TITLE: DATE: ATTEST: APPROVED FOR ADMINISTRATION ~ J Secretary Ci Engi~~~ APPROVED AS TO FORM: ~~~^~~_ trector of Planning City Attorney 3 All conditions of this Permit aze understood and agreed to by Permittee. ACCEPTED: Permittee: HSC Pipeline Partnership LLC By' ~~'- Q Title: ~ ~,~~~ ~'N Date: Z - ~ ~ _ p ATTEST: Seal AFFIDAVIT THE STATE OF ~[,t), rC~n4 § COUNTY OF S~S~~,n`1~ f_~~°~"? BEFORE~ME, the undersigned authority, on this day personally appeazed ~~ {-! ~l 1`Z. ,known to me to be a creditable person, who after (HSC Pipeline Par6iership 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 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 TH'LE 49 PART 195 "TRANSPORTATION OF HAZARDOUS LI UIDS 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. (~ 4yi ~ HSC Pipeline Partnership LLC SUBSCRIBED AND SWORN(, PTO, before 'me, by the Applicant, HSC PIPELINE PARTNERSHIP LLC , on this ~~ rl ~ay of 2008 , to which witness my hand and seal of office. NOTARY PUB/LI_C IN AND OR THE STATE OF LlJUk Ci~t_G( cZ ~lar'~e~ ~~ur~cs YO%~/ My Commission Expires: ~ ~p BOND # 022-022-578 PIPELINE INSTALLATION BOND THE STATE OF TEXAS COUNTY OF JEFFERSON THAT we HSC Pipeline Partnership; LLG 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 corporation In the penal sum of _ Fourty Five Thousand 6 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 severally be these presents, The conditions of this obligation, however, are wch that, whereas, the said HSC Pipeline Partnership,.LLC -"" is engaged in the business of constructing, 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 City, said Permit requiring a bond to be famished 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 Prinapal will mmply 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 Band, 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 of the tine or lines is approved in writing by the Gty 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 Nie period which this Bond covers shall not affect any claim or rouse 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 causes of action. IN TESTIMONY WHEREOF, witriess our hands this 17th January -------- day of ____ A.D., 2008 HSC Pipeline Partnership, LLC By: Esnter~pr/ise Products OLPGP, Inc. its sole manager Lib Mut al I urance Com an BY: Carol E. Hoc -Attorney-In-Fact APPROVED AS TO FORM; City Attamey APPROVED FOR ADMINISTRATION this day of ~_, A. D., BY: P C G Engineer file c:~pipelinepermits~majorpipelinepermit6fank tenthereirrstated ividuallyri there be more thari one named, its true anii.lawful attorney-in fact to make execute, seal acknowledge and deliver, for and.on ifs surety and ~as its act and deed, an and>all undertakirigs, bonds, recognizances and other Buiety obligattons-in the penal sum not exceeding FIVE MILLION;AND 00/1:00**X""""*** *'* DOLLARS'($ 25,000,600 00 '*~` 1 each, and-the of such~underfakings, bonds;-rrecognizances and dtfier surety obligations, m puisuance~df,""these presents: shall be as-binding upon the as if they had been duly signed,by the ~pFesident and attested by the secretary of the Company; in their own.pioper:persons. atthis.power ismade and executed puisiant to and by authority _of the folfovfing By lawarid Authorization: S. ARTICLE XIII - Exedufion of ConVads:-Section 5. SuretyBonds and Uhdertakmgs.~ -- - ~<' Any officer of~4he .Company auth~drized-for that.purpose in writlng-by the chairman orahe piesident,~and subjectto such limitations as the - ~- chairman or.tbe!presidentmayprescribe, shall appoint such-attomeys-in-fact, as may be~necessary.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 >` attomeys-in-fact, subject to the~limitations set forth in their respective~powers ofattomey, shall have fullrpower to bind-4he Company by their _ '~- signature and.ezecution of any sucfi instruments and to attach thereto the seal of the Company: When so executed such instrumentsshalf be ~~~' as bindingas if signed by the'.presiden4 and attested by the secretary. ahe~following instrument the-chairman or the presidenthas authorized the officer or othenofficial named therein to appoint attomeys-in-fact: .~_ -PUrsuant'to Artidle XIII,-Section 5 oFthe--By-Laws, Garnet W.. Elliott, Assistant Secretary of Liberty-Mutual Insurance Company, is hereby _ `_- autliorized toappoint such attorneys-ih-fad as.may be necessary to act in behalf of3he Company.to make; execute, seal, acknowledge and. deliver as surey any and all undertakings, bonds, recognizances and other surety obligations. By-lawand the Authorization set forth above are true copies thereof and are now in full force and effect. N;WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or officialof the Company.and.ihe corporate seal of c ~ fitiertyMu[ual Insurance Company has been affixed thereto in Plymouth Meefihg; Pennsylvaniathis 24th .day of October ` -` ~ a - 2007 Q M _- `oy - LIBERTY MUTUAL INSURANCE COMPANY ~a -. ~ 3= - ~ Garnet W: Elliott, Assistant Sedretary w p ~OMMONWEALTR OF PENNSYLVANIA ss - . . to :OUNTY OF MONTGOMERY ~ ei 24th day of October - 2007 -, before me, a Notary Pubfic, personally came Gamet W Elliott. to me known, and acknowledged is an Assistarit Secretary of Liberty Mutual-Insurance-0ompany; that he-knows the seal of said~corporafion; and that he executed the above ~f Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said coryoration. ~~ my name end~affixed my notanalseal at Plymouth. Meeting, Pennsylvania, on the day and year Notary ~-t CERTIFICATE ~,v~y~ ,{ p1°iII-.crmsymnra ^eemaoan arnaame: __ - ;.~. ~~ I tlte~.undersigned,-Assistan~ cre~tary of Liberty Mutual Insurance Company, do hereby certify that the original power of attomey of which theforegomg - is.a full -tine and coved copy, is in full force _antl effect on the date-.of-this-;certificate; and: I--do furthei certify. thatthe: btficer or official who executed the said`powet of attorney is an Assistant Sedretary specially authorized,,-by th~e~dhairman onthe~ president to appoinT~attomeys-in-fact as provided in Article XIII,-Section 5 of the By-laws of Liberty Mutual Insurance Company ``--- ~ ~ - ~ -' - Ttiis_-certificate and the above power of attomey may be signed by facsimile or mechanically reproduced signatures under and by authority df the -.: ,follpwmgvote of the board. of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the~l2th 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 6y 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, hav ereunto subscribed my name and affixed the corporate seal of the said company, this day of a~ °~ By Davi M. Carey, Assi 't Secretary ~,i~xe~-Ly ~~~~e f~t~crr~~~tt f~~~~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 ofthe-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: HSC Pipeline Partnership LLC NO ' P.O. Box 4324 DATE: Houston, TX 77210-4324 ~- 08-02 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)-12 "BUTANE 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 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 saidright-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 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 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 subjecYto 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 evenbit 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 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 FOR ADMINISTRATION ~' N Q~ City Engineer APPROVED AS TO FORM: City Attorney ~~~7/ Director of Planning 3 All conditions of this Permit aze understood and agreed to by Permittee. ACCEPTED: Permittee: HSC Pipeline Partnership LLC By: ^~Q~.Q..1 Title: (~ fifo ~ Na,~ ~.y ~!~ia-cSQ Date: 2 - (3 _ p g ATTEST: Seal 4 AFFIDAVIT THE STATE OF ~D~{{S//4/'/ev §p~J~ COUNTY OF ~UI1 7- ' BEFORE ME, the undersigned authority, on this day personally appeared 1°~ w L ~ ~-Gn~ 2 ,known to me to be a creditable person, who after (HSC Pipeline Partnership 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 HSC PIPELINE PARTNERSHIP LLC. proposes TO INSTALL (1)-12"PIPELINE THAT WILL CARRY BUTANE. 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 N OF THE RAILROAD COMMISSION PIPELINE SAFETY RULES and will also be constructed in accordance with the plans and specifications submitted herewith.. HSC Pipeline Partnership LLC SUBSCRIBED AND SWORN TO, before me, by the Applicant, HSC PIPELINE PARTNERSHIP LLC, on this ~ day of Q~ 2008 , to which witness my hand and seal of office. NOTARY PUBLIC IN FOR THE STATE OF 1~~tS,a K~ Ela r'r~P~ d-{- s13 u~~ ~p9 ~/ My Commission Expires: L~ ~ BOND # 022-022-578 PIPELINE INSTALLATION BOND THESTATE OF'TIXAS COUNTY OF JEFFERSON THAT we HSC Pipeline. Partnership, LLG principal, and Liberty Mutual Insurance Company and surety, authorized to do business in the State of Texas, acknowledge ourselves bound to the Gty of Port Arthur, Texas, and/or any person, firm or corporation in the penal sum of _ Fourty Five Thousand S 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 severally be these presents.. The conditions of this obligation, however, are such that, whereas, the said _ HSC Pipeline Partnership, LLIS engaged in the business of constructing, 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 City, said Permit requiring a bond to 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 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 promptry pay, within the limits of the penal sum of this Bond, ail damages for loss or injury suffered try the City of Port Arthur and/or any person, firm, or corporation that may result}ram Principal'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 line or lines is approved in writing by the Gty Engineer. 'this Bond PIPELINE INSTALLATION BOND //022-022-578 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 shall not affect any claim or cause. of action thereon whlch may have accrued prior thereto, and the. Bond shall remain in force and effect as to such prior accnied daims or causes of action.. IN TESTIMONY WHEREOF, witness our hands this 17th day of January , A.D., 2008 HSC Pipeline Partnership, LLC By: Enterprise Products OLPGP, Inc. its sole manager BY: - a. Libe Mut al In urance Co an BY: Carol E. Hoc -Attorney-In-Fact APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION this .day of _, A,D., Gty~ngmeer f le c:\pipeJinepermits\majorpipelinepermitblank 223`1415 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND _- : .' -, " -:: This:.P.awer-ofAttorney limits theacts ~:of those_named herein; Viand they have no authority to bind the Company except in the manner and to - : _ -' ~:- -~~ - - -" - -the extent herein stated - :LIBERTY MUTUAL INSURANCE COMPANY _ - _ " - - _- =B0§TON, MASSACHUSETTS`.::=- _ -: '' ~_ - "'` :-- ~ . - :~-~: ~ --?- .:"`.: , '~ -POWER OF`ATTORNEY' - KNOW ALL PERSONS BY-THESE PRESENTS: That Liberty Mutual. Insurance Company ~(the-'Company'),. a. Massachusetts stock insurance ization hereinafter set forth; does herebyname, constitute: and appoint th d A l or aw an u -:~ --gdmpany; pursuant td and byauthdrity of the By- ROBERT M.:OVERBEY, JR;.CAROL E. HOCK, ALL qF-THE CITY OF HOUSTON, STATE OF TEXA .....:........................... each~.individually.if there be more.thari one named, its true and lawful attorney-in fact to make execute,.seal acknowledge and deliver, for and on its recd nuances arM other surety obligations imthe.penal. sum not exceeding bonds and:all undertakiri s an d d ed g , , ~ e ;~ -tiefialf as suretyty and as its act an 9 DOLLAR$'(S 25 000 000.00 "*'= )each; and the TWENTY FIVE MILLION;AND"OD/10D' """"""""~ =execution. of such undertakings, bonds; :?ecbgnizances and :niFier surety obligations, iri pursuance~ofcthese presents;-shall be as binding upon the i.`-Compahy as if they had been duly signed;by the: president and~attested by the~secretary of the Companyin their own proper:persons. - - Tftat this power ismade and executed pursuant to ahd by authorttyof the followirig By law and Authorization ~ -~ _ .-. -ARTICLE XIII -Execution of Contracts:-Section 5. Surety Bonds and Uhdertakings. - ` Any officer oftfie Company authodzed for tha£purpose in writing by the chairman or the president and subject to such~limitations~as the k T e, ~' chaivnan or.the presidenfmayprescribe, shall appoint such-attomeys-in-fact, as may be~necessary to act in behalf of the Company to ma e and deliver-as surety `any~and all-undertakings, bonds, recognizances and other surety obligations. Such l d k e l R %- now g e a , ac ekecute,~ s attdrneys-in-fact, subject to tlieaimitafions. set forth in their respective: powers df attomey, shall have fult power to bind the Company by their n so executed such instruments-shall be Wh w e ~::- signature andexecution of any such instruments and to attach thereto the seal of the Company: ~ _ - ~' as binding as (f signed by thepresident and attested by the secretary. m ~. y By the following instrument the chairman or the president has authodzed the officer or otherofficial named therein to appoint attomeys-in-fact: T ~ _ e ,: Pursuant to Attidle-XIII, Section S~ofthe8y-Laws, Gamet W. Elliott, Assistant Secretary ofLiberty Mutual Insurance Company; is hereby execute, seal, acknowledge and tb make ct in behaB otthe Company t - c ~ e , . o a ih-fact as may be necessary R ~ _ ~: authorized toappoint such attomeys i ~ ons. ~~ "- ~~ ~: deliver as surety anyand all undertakings, bonds, recognizances and other surety obligat 3 iH c Of That theBy-lawand the Authorization set.forth above are true copies thereof and are now in full force and effect.. T~ y W 3 m. IN-::WITNESS WHEREOF, this Power of Attorney has tieen subscribed by an authorized officer or official of the Company. and the coporate seal of - f October 24th d cE G t1 " . ay o _d tibertViMutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this Q M LIBERTY MUTUAL.INSURANCE COMPANY _I; the. and ~~ O o~'` ~ Gamet W: Elliott, Assistant Secretary yo- IWEALTH OF PENNSYLVANIA ss w th OF MONTGOMERY- ~ 24th day of ~Octbber 2007 ,before me, a Notary Public, personally came Gamet W. Elliott, to me known, and acknovrledged is an Assistant Secretary of Liberty Mutual~.lnsurance Company; that he knows the seal of said-corporation; and that he executed the above rf Attornev and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IONY W~6REI~ P ~ 2`qunto subscribed my name and affixed my notarial seal at Plymouth. written. '4_ ONW Y ._:. ,:~: -- ~ -:. 4d O .1 'COMMONWEAiTH OP PaNN YLVANIA NoWtal Seal 00,,^^ OF Teresa Peste'a,t~kraryF~ ~ By A~'~~' Pennsylvania, onthe day and year signed, Assistan secretary of Liberty Mutual Insurance Company; do hereby certify that the.~original powerofattomeyof which the~foregoing and correct copy, is in fulfforde-and effect on the d@fe of ihisxerlificate, and 1-iJo further certify that the,officer or official who executed the tea,,,, Y.,..~, of attorneyis an Assistant Secretary specially authorized by tFiechairman or ttie'presiderit toappointattbmeys-in-fact as provided in Article ~.> -XIII; Section 5 of the By-laws of Liberty Mutual Insurance Company. -~:Shis certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the -~'~-fbllbwing-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 connecfion with surety bonds, 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 corporate seal of the said company, this day of u - a r BY t~ ~~ , .~ Davi M. Carey, Asset Secretary _ ~..1<~~P'~ ~ ~»~~e f6~t~?~~Ct$ ~~~EC@ 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 af: 610-832-8240 Premium or Claim Disputes If you' have a dispute concerning a premium, you should contacYthe 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 ARTIiiJR JEFFERSON COUNTY, TEXAS PIPELINE PERMIT TO: TE Products Pipeline Company, LLC NO 08-03 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)-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, 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 pemut. This permit is issued subject to all necessazy rights- of--way or easements being acquired by permittee at its expense. INSTALLATION of pipeline(s) 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 carved 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 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 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.. 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. 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, resulYfrom, 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 alI 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 ATTEST: City Secretary BY: TITLE: DATE: APPROVED FOR ADMINISTRATION (~P~ ~ C ~ . Cit Engineer APPROVED AS TO FORM: Director of Planning City Attorney 3 All conditions of this Permit aze understood and agreed to by Permittee. ACCEPTED: Permittee: TE P~,rodu/ncjts Pipeline Company, LLC BY~ I C_~.A~~lC_~~ Title: ~ ~v~~- .~ti ~ Date: 2.- 13 -Oc°~ ATTEST: Seal 4 AFFIDAVIT THE STATE OF ~-oULs IG K~ § COUNTY OF Sf`S~ 11H~G~~ BEFORE ME; the undersigned authority, on this day personally appeazed ~~W ~ 1/ ~-.G'i.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 \, c r~ V UUGti CII)cIInG LOlI1pLIlY, LLI. Ket][C3enm[IVC 1 IIIC) 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 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 ~ 2008 , to which witness my hand and seal of office. ~~l%P~,/~~~L~% ~~ NOTARY PUB~,IC IN AND F R THE STATE OF ~- *a ~ ~~cl ~ ~ e-- .µ ~ rrCS ~ >~1 `f~ My Commission Expires: L.~~e-_ 60ND # 022-022-577 PIPELINE INSTALLATION 80ND THE STATE OF TEXAS COUNTY OFIEFFERSON THAT we ~ Products Pi else Company LLC prindpai, and Liberty Mntuai Insurance Company '-~ and surety, authorized to do business in the Slate of Texas, admowledge ourselves bound to the Cr1y of Port Arthur, Texas, and/or any person, firm or corparadon In the penal sum of _ Fourty Five Thousand ~ no cents( 45,000.00 _) Dollars, for the payment of which wit! and bvly be made, we blvd ourselves, our heirs, exenrtars, and administrators, jointly and severally be these presents, The condttlons of this obligation, however, are such that, whereas, the said _ TE Products Pipeli_ae Campaay~ ~g~ ~ the business of rnnstructlng, operating, and maintaining a pipeFine for the bansportataon of petroleum products within the Gty of Pnrt Arthur, Texas, pursuant ro Permit No. granted by the said Gty, said Permit requiring a bond to be furnished In accordance wide 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 aU intents and purposes. NOW, THEREFORE, be It understood that Principal wID comply with the terms and condi8ons of Chapter 66, Article II, Sections, 66-51 through 66-69, Code of Ordinances, the aforesaid Permit issued thereunder, and wiEl promptly pay, within the limits of the pens( sum of this Band, all damages for loss or Injury suffered by the Gty of Port Arthur and/or any person, firm, or wrporaiion that may result from Pdndpal'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 pedod unh7 completion of the installation of the tine or lines is approved to writing by the Gty Engineer. This Bond _ _ ~, , PIPELINE INSTALLATION HOND $022-022=577 PAGE z shalt inure to the benefit of the Gty and arty person who may suffer a loss or injury as stated above. 'The expiretlon of the period which this Bond covers shall not affect any daim or cause of action tfiereon which may have accrued prior thereto,. and the Bond shall remain in force and effect as to such prior accrued dalms or causes of action. IN l"E57IMONY WHEREOF, witrress our hands this 17th day of 7anvary A.D., 2008 TEProducts Pipeline Company, LtC CO GP, Inc. its sole manager CG~~ I.ib Flntual ce Company BY: Cazol E. Hock- Attorney-In-pact APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION this day of __, A.D., BY' 'mow- CJ`~UK P~ CRy ~nglneer fire c:lplpellnepermlts\majorplpelinepemdtbiank -.'C,each individually if Were be more-than-one named;-its tnre Arid lawful attorney m fact tb make, exebute;.seal, acknowledge.-and deliver, for and on its `behalf as sure and aefts~act and'deed an~and altundertakmgs bonds, recognizances and other surety obhgatioRS-+n the penal; sum not exceeding TWENTY'-FIVE MILLION AND 00/100" ' '_""' ~. DOLLARS'($ 25,900;000.00""'-* :- )each, andthe ~'-ezecution ofs_uch undertakings' bonds;~recogmianpes and other surety obligations in pursuance~ofdthese presents 'shall 6e:asainding upon the ~.Compan`y as:itthey had been duly signed by the pre"sirientand attested by thesecretary of the Company in their own proper persons:: ;'` -That this power is made aril ezecutedpursuant to anG by authodiy of thefollowing By law Arid Authoozatioo = ARTICLE XIII ~`-Execution of Contracts Section 5 Surely$onds and Undetakings: - My_officer of .itie Company:authodzed foi-that purpose m writing Eby the chairman or the president and subject to such limitations as the - _ - _. chairman or ttie'president may prescribe,~shall appointsuch attomeys,m fact, as~rriay be necessary to. act in_behalf of the; Company to make, R - execute seal,:-acknowledge and deliver"as surety any and all undertakings, :-bonds, redognizances and::other surety:: obligations. Such '3 w -:~ aHomeys in-facf~ sublet[ to the hmdatipns~set forth iii their respectivg_powers of-attorney, shallhave full power to bind-the Company by their y O ~ - - signature and execution of any such instruments and to"attach thereto the seal of,t_he Company: ~ When so executed such instruments shall be at ~ ~ as~binding as if signed by the president and attested by:the secretary: ` - - ~ a _ ~ - -- - m d~ :By the following instrument the chainnartor the president has authorized the officer or other~official namedifrerem to appoint attomiiys m fact: a a e Pursuant to Article XIII, Section 5 of the By Laws Garnet W Elliott; Assistanf$ecretary of Liberty Mutual Insurance-Company, is hereby m ~ '~- .authodzed to appoint such attorneys in-fact: as may be,necessary' to:~.act in behatt of the Company to make: execute, seal, ackno_ wledge and c a 3 i - deliver as suretyrany and all undertakings; bonds, recognizances and pthersurety gbligations., ;; _ ~ `0 ~ ~ That the By-law and the Authorization set forth above are true copies thereof and are now in full fome soil effect. ~ - ~ W ~ j- IN WITNESS~~WHEREOF,-this Power of'Attomey has been sutisonbed by an.~au[hodzed officer or official of the Cor_npany and, the corporate seal of ~: C ~ m Liberty Mutual Insurance Company has been affixed thereto in Plyrouth Meeting Pennsylvania this 24th day of -. October _ _ _ Z-6 d o "--2007..: .: ,..:. ...:.,. .,' - - :,r - _ >-. _.. ,_:: ~.._ - _ Qom. a ov r00 y ~~-:- - - - LIBERTY MUTUAL INSURANCE COMPANY •-'O o>_ - 3R L O d -_ __- ~ .ey~ ~ mow/.- J !9 e ` - ~ _ _ S~- Garnet W. Elliott, Assistant Secretary - - rn o m ~, _COMMONWEALTH OF PENNSYLVANIA ss ~ - t ~ ., .. ~ d, -COUNTY OF.MONTGOMERY - - - _ C ~ C = ~On this 24th - day of October ~-~ ., 2007 , -before me, a`Notary Public, personally came Garnet W. Elliott to me known, and acknowledged Y d O that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corpomton; and that he executed the above E r, -Power of Attorney and affixed the corporate Beal bf Liberty Mutual irisufance Company thereto with the authody and at the direction of said corporation. ~ a Ow -. D T IN TESTIMONY WH -~ ~ P ~` O unto subscribed my name _and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year .~ N v fist above written. Q. orlw ~ -: o > L - i~ ~~ ~~s y codmaorrwsairl of ParausnvaNw E N O j - ._~. ~ OF ,: .~ Tere53Pa9eW.NUM'~ -~~ -B~ ~nZtU:(-~tl >=N Z O - - - Flyrtw~Twit, ~YtbisrtV":_ Y _ 00 -.._ _ - FP.. hbCcrtnhs~n+E~rnarad~•; Ter saPastella,NotaryPUtlic[- o~ .j~, YV~~ G ~ NBmDH.PMfii~ivlni9 MeoaafbnNNOfartw ~ _ CERTIFICATE --'- ufq~ W'~` ~ r -I; the undersigned, Assistant ecretary ofiLiberry Mutual Insurance Company: do hereby certify that ttie'odginal power:of attorney of which the foregoing _-is a full; true-and:corcect copy, is in full fcuceand effect on the-date: of this;cert~rate; and ~f-do further certify that the`officer or official who executed the said power of attorney is an Assistant Secretary specially authodzed byftiechairman or the'presiderrt toappoint7attomeys-in-fact as provided in Article -> XIII, Section:5 of the By-laws of Liberty Mutual Insurance Company: - ~ ~ - - - - This certficete 'and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the - -` followingyote 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 -. - ' -: 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 .~ - ~, .°~ -. _ _ ~~2 By l r ''~ Davi M. Carey, Assigl 't Secretary LP1J ~I"~ ~1 a~U~® tn~portant 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 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, Properly Code, Effective September T, 2001 CITY OF PORT ARTHUR JEFFERSON COUNTY, TEXAS PIPELINE PERNIIT 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 pemuttee for the INSTALLATION of a proposed jl)-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. 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 b'e 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 mazkers in accordance with Section 66-60. 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. 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, flazes, 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 standazds 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 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 cun•ent Texas Railroad Commission's leak report form. Upon request, such companies shall provide the following: Construction records and test reports. Operating and maintenance procedures. 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. 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 pemuttee 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 Q~ C~C~ P ~ Ci Enginineer ~l i Duector of Planning ' City Attorney 3 All conditions of this Permit are understood and agreed to by Peimittee. ACCEPTED: Permittee: TEProduncts'Pipel/ine~Comp~any, LLC BY~ ~/~~ U~-~l~ ~'l 4/ Title: /p~~o/yLpy ~f/ Date: Z- /3 ' O 8 ATTEST: Seal 4 AFFIDAVIT THE STATE OF ~ JQ N § COUNTY OF ~ 1~ ~ ~~ § ~/~ BEFORE ME, the undersigned authority, on this day personally appeared f~~ ~ ~ ~..G.1~ 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 N (TE Producis 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 -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 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 1~ 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 L ,[~~c1'%~LGL~L~ ~[ni:,~ i-~i~ur~ ~c~/n4~ My Commission Expires: LPL PIPELINE INSTALLATION BOND THE STATE OF TEXAS COUNTY OF JEFFERSON THAT we ~ Products Pipeline Compaay, LLC pdndpat,and Liberty. Mutual Insurance Compaay and surety, ) authorized to do business In the State of Texas, acknowledge ourselves bound to the Gty of Port Arthur, Texas, and/or any person, fine or corporation in the penal sum of _ _Fourty Five Thousand ~ no cents( 45,000.00 __) Ooliars, For the payment of which wi11 and truly be made, we bind ourselves, our heirs, executors, and admfnLSfrators, jointly and severally be these presents, The conditions or this obGgatlon, however, are such that, whereas, the said _ TE Products 3ipeline Company'aged in the business of mnstructlng, 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 Permtt requiring a bond to be furnished in accordance with Chapter 66, Artide 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 oral intents and purposes. NOW, THEREFORE, be (t understood That Pdndpal will comply widr the terms and conditions of Chapter 66, Artlde II, Sections, 6fi-51 through 66-69, Code of Ordinances, the aforesaid Permit issued thereunder, and w11f promptly pay, within the limits of the perm( sum of this Band, ail 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 public street, alley, or other public way ar easement within the Gty of Port Arthur during the period until completion of the installation of the tine ar lines is approved in writing by the Gty Engineer. Thts Bond ,~. _.. __ _, ~. ~.. r . _ ._ _ PIPEISNE INSfAi1ATI0N 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 expiretfon of the period which this Bond rovers 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 surti pdor acaved daims or mouses of action. IN TESftMDNY WHEREOF, witness our hams this 17tfi day Of January APPROVED As TO FORM: City Attorney APPROVED FOR ADMINISIRA7ION thLs _, A.D., A.D., 200$ TE Products Pipeline Gompany, I.LC PC0 GP, Inc. its sole manager ~;<o li_be~. ;btu ~l ~s~~nce Company Cazol E. Hock- Attorney-In-Fact day of BY:_Lip~~... VAC.,, Q E City Engineer T-- fire ctpipellneperm(ts~majorpipelineperrnithlank 9 m - 'v v .v y ~wmmunrvr~•inwrcivrv rwnww , . =N Z v - OF ':. Tas§3t~mteEa,~~ .. By- Q Oo ~Q' hYCamss~mFtMr ~,~ -Ter sa Pastella, Notary Public- v ~ CERTIFICATE ~" ~q~JPiA~~ Ma'"0Pf'ej"e54~`'°^~8 A8'OLiaihnmxweee Fr I; the undersigned, Assistan ecretary of;Liberty Mutual Insurance Company,;do hereby cert'rfy that tfie`original power'ofattorney of which the foregoing is a full, true-antlcorrect copy, is in full fdce and effect on tlie;date-of this-certificate; and_J,do further giirtify that the;dfficer or official who executed the `said powe~.of. atfomey is an Assistant Secretary specially authorized 6'y the_chairman or the: presiderrt to:appomt-atfomeys-in-fact as provided in Article -; -X111 Section $:of the By-laws of Liberty Mutual Insurance Company." - ~ ~ - _~..-Ttiis certificate -and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authoniy of the - - fallowing vote.nf the board of directors dt 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 - . - _ wkh4he same force and effect as though manually affixed. - IN7- 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 _• L~~er~' 1V~u~za.~® frnp~~~nt ~ca~ice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may contact the Texas Department of Insurance to obfain 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 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 (I)-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 Standards Institute, United States Department of Transportation and other pipeline regulatory agencies. Where there aze different standazds 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 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 Raihoad 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 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 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 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 4~. Q Q.~. Ci Engineer `C-Y.CA' Director of Planning City Attorney 3 All conditions of this Permit are understood and agreed to by Permittee. ACCEPTED: Permittee: TE Pr~oductns P,~ipeline Company, LLC By: ~U~X-J ~J Title: l sr ~rir~i -~~ Date: 2- /3~0 $ ATTEST: Seal 4 AFFIDAVIT THE STATE OF LO'(,~iS %a/la- § COUNTI' OFS ~~M ('i~3' BEFORE ME, the undersigned authority, on this day personally appeazed ~(~ tt, ~ ~ ~ 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: ,i THAT he is ITTrOriv~y s~ !"ro-~-~ (CE 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)-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 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 ~L-day of L L 2008 , to which witness my hand and seal of office. NOTARY~UBLIC IN AND FOR THE STATE OF Z-~~/k~%~Z/L~ plc,,°y~/,~ J,3~rrru 1~ ~/DS// My Commission Expires: G _ ~ __ _ __ t30N0 # oz2-azz-s~~ PIPELINE INSTALiATION BOND THE STATE OF TEXpS CDUNTY OF ]EFFERSON pdnrlpal, and THAT we ~ Products Pipeline Company, LLC . Liberty Mutual Insurance Company and surety, authorized to do business in the State of Texas, admowledge ourselves bound to the Gty at Part Arthur, Texas, andJor any person, firm or Corporation in the penal sum of _ Fourtp Five Thousand fi no cents( 45,000.00 _) OoIlars, for the payment. of which will and truly be made, we bind ourselves, our heirs, executers, and administrators, jointly and seve211y be these presents, The conditions of this obtigatlon, however, are such that, whereas, the Bald _ TE Products Pipeline Compaay~ g~ ~ the business of rnnstructing, operating, and maintaining a pipeline fnr the transportation of petroleum products within the Gty of Port Arthur, Texas, pursuant In Permit No. granted by the said Gty, said Permit requiring a bond to be famished In accordance with Chapter 66, Article II, Section 6G57 (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. intents and purposes. NOW, THEREFORE, be It understand that Pdndpal will wmply with the teams and conditions of Chapter 66, ArtirJe IT, Sections, 66-51 through 66-69, Code of Ordinances, the aforesaid Permit issued thereunder, and will promptly pay, within the tlmits 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 public street, aDey, or other public way ar easement within the Gty of Port Arthur during the period unlit completion of the installation of the fine or lines is approved in writing by the Gty Engineer. This Bond - PIPELINE INSTALLATION BOND ;f022-022-577 - PAGE 2 shall inure to the benefit of the City and arty person who may suffer a loss ar Injury as stated above. The explretlon of the period vfiitfi [fits Bond covers shall not affect any daim or muse of action tfiereon wh)ch may have accrued prior thereto, and the Bond'shall remain in force and effect as to such pror accued dalms or mouses of action. IN 7ESflMONY WHEREOF, witness our hands this 17th day of _ Tannary , A.D., 2008 TE Products Pipeline Company, I.LC PCO GP, Inc. its sole manager C<O BY: 6/~~,a.~• d~n,.,inf -~'- Lib Mutual ce Company BY: D~ 7 Cazol E. Hock- Attorney-In-Fact APPROVED AS 70 FORM: Attorney APPRDVED FOR ADMINISTRATION this day of ~~ A.D., BY:~~. CRy ngineer file c:\plpeilnepennits\majorpfpdinepemiithlank for and on its. not exceeding each, and the ding upon the y ~fand are now ihfull for - uoerry muwm-u iaumi i~ y P v , W ~ _ . _ - - :: ~ 2007. '- ' _ - - -LIE ~ ~ s . - : .- f~ Ga COMMON!NEALTH.OF PENNSYLVANIA-: as COUNTY OF MONTGOMERY sulijedtao 3uchatmitatipns as the ~ 5~behalf of the_ Company. to make, m f:othorsurety4obligations. Such 'a wer to bind~tle Compahy by their w xedufed such instruments shall be - ~n in! aenmeVA IMfaet: fq 3 ~ ary of Liberty Mutual Insurance Gompariy, is hereby Company to make execute, seal acknowledge and ~ don's. ~ ~ F _ N ce and effect _ - yW ` - or official of the Company and the corporate seal of c':.~ O"~a :.` October-_:._ _ s 24th dayof G` ° - . ~ t - p d' TY MUTUAL INSURANCE COMPANY - d C 3~ ' a° ~ \nl CIIinH eccicfant FPCIP.}aN '~ .. wo ,~ ...On this 24th day of October - ., 200T;:before me;`a Notary Public, personally came Gamet W Elliott. to me known, and acknowledge ~ C_-that he is an:Asslstant Secretary of Liberty Mutual insurance Compariy.; that he knows the seal of said corporation; and that he executed the above a,..i Pbwer of Agomey and affixed thecory6rate seal of Liberty Mutual Insurance Company thereto with the authodty and at the direcfion of said corporation. p `, `, . - -fNTESTIMONY WH - - Pa~7~XtcG unto subscribed my name and affixed my notarial seal at Plymouth Meeting Pennsylvania, on the day and year C fist above wnttei., . ~Q. o~eioa'xfgt~ l~ COtMiOt7wFkTt1 OF Penh VAMA _, ~ - ~ d ,: t, o a v Na~rers~i ~L.tlo~c) /4'.~ OF ~ 7erc3a?~4esa.t+Nary PLL9c ~..gy ,~ Z v `-. -- ' ~P '?`"~-~~ 'Ter sa Pastella, Notary Public: by Carmtsa+E~es ~~ ~ _ ~P ~(,1 -~~ lmenOer.PmnsY~la A~eoNathn CNOtiilan AERTIFICATE ~ ~,q~ ~gY _ .-~ , ;~ . -~ -. `. ~ ~~~ _ t; the undersigned, Assistant ecretary ofi Liberty Mutual Insurahce Company, do hereby certify that the original power of attomey of which the foregoing `: is a full; true-and:correct copy, is in full force :and effect on thedate of this:pertifcate; and I do further certify that the,oificer or official who executed the '.-- ~; said power of attomey is an Assistant Secretary specially authorized by the dhairman or the'president to;appoint atEOmeys-in-fact as provided in Article -' XIII, Sechort5 of the By-laws of Liberty Mutual Insurance Company. -_-This certificate and the above power of attomey may be signed by facsimile or mechanically reproduced signatures under and by authority of the - ~ following yote'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 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 v ~~? _ - ^~•~ Davi M. Carey, Assigi "t Secretary N 0 ~.ihea-ty - Mu~xal 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. 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 Compan LLC NO 08-06 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 f1}-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 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, flazes, 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 standazds 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 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 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 funushed 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-S1 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 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 ATTEST: City Secretary APPROVED AS TO FORM: City Attorney BY: TITLE: DATE: APPROVED FOR ADMINISTRATION Cit Engineer Director of Planning 3 All conditions of this Permit are understood and agreed to by Permittee. ACCEPTED: Pennittee: TEaProducts Pipeline Company, LLC By: 1~ r Title: ~f~G/e., ~i/ /~(~ Date: 2-(3-0 $ ATTEST: Seal 4 AFFIDAVIT THE STATE OF 2 ~ laela § COUNTY OF ~#'5~1, ~ y~ ~~~fi~ BEFORE MEqt, the undersigned authority, on this day personally appeazed ~/a{.v ( ~ LR. ~ ~ ,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 r~ ~rn~a~, 11.. /~ (TE Products Pipeline Company, LLC Represenmtive 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 N 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 _~~1day of , ` C 2008 , to which witness my hand and seal of office. ~CfZ/l2~ ~ G1~c-~L NOTARY PUBLIC IN AND OR THE STATE OF 1~u.~filai~a fi ~ ~t i n 2_. ~f- J~_ u f P S ~~09 ~Il My Commission Expires: (;~ 80ND # 022-022-577 PIPELINE INSTRLLATIBN BOND THE STATE OF TEXAS , COUPJTY 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 City of Port Arthur, Texas, and/or any person, firm or corporation in the penal sum of _ Fourty Five Thousaad ~ no cents( 45,000.00 ~) OoAars, for the payment of which will and truly be made, we bind ourselves, our heirs, executers, and adminislrators, jointly and severally be these presents. The conditions of this obligation, however, are such that; whereas, the said _ TE Products Pipeline. Companyaged in the business of rnnstructing, operating, and maintaining a pipeline for the transportation of petroleum products within the Gty of Port Arthur, Texas, puruant to Permit Mo. granted by the said Gty, 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, which said Permit and Section are made a part hereof Far all intents and purposes. NOW, THEREFORE, be it understood that Prlndpal will. comply with the terms and conditions of Chapter 66, Amide II, Sections, 66-51 through 66-69, Cade of Ordinances, the aforesaid Permit issued thereunder, and will promptly pay, within the limits of the penal sum of this Band, all damages for loss or injury suffered by the City oFPort Arthur and/or any person, firm, or corporation that may result from Principal's operations under said Permit as it pertains lu a public street, alley, or other public way or easement within the Gty of Port Arthur during the period unfit completion of the installation of the fine or lines Is approved in writing by the City Engineer. This Bond PIPELINE IIVSi"ALLATION BOND X022-022-577 PAGE 2 shalt inure to the benefit of the City and zny person who may suffer a loss or injury as stated atsove. The expiretlon of the period which this Bond covers shall not affect any dafm or cause aF action thereon which may have accrued prior thereto, and the Bond'shall remain in Force and effect as to such pdor accrued daims or mouses of acton. IN 7ES~IMONY WHEREOF, witness our hands this 17th day of _ January A.D., 2008 APPROVID AS 70 FORM; Qty Attorney APPROVED FDR ADMINISTRATIDN thls _, A.D., TE Products Pipeline Campany, LLC Tim ~PCO Ql, :Inc. its sole manager \~,~ C.CCI Lib 14utual ce Company 6Y; Cazol E. Hock- Attorney-In-Fact day of BY: n ,y,. ~,E Gty nglneer file c:IPiP~inepermit5lmajorpipelinepemiithlank ~~~ ~ ~~ ~ ~~- ~ -THIS POWER-OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney_limits the acts of thos_e.rtamed here_im, and they have no authority to bind-the Company except~in the manner and to ~:: .-the extenYheem stated': - - - - - - - - - LIBERTY MUTUAL INSURANCE COMP ANY _ : - - - . - BOSTON, MASSACHUSETTS.. - - - `POWER OF'ATTORNEY - - - - W ALLPERSONS`BY THE5E ~PRESENTS:`;_That Liberty Mutual Insurance Company (the _°Company'), aC-Massachusetts stock insurance. -KND , company, pursuant to and. 6y authority of the By law,and Authorisation hereinafter set forth„dbeshereby name, cpnstitute and appoint: _ . ::ROBERT M. OVERBEY, JR.; CAROL E. HgCK, ALL OFTHE CITY OF HOUSTON, STATE OFTEXAS ..:. .............. '~; beach mdiJidually rf therebe more than:one named; its hue and,lawful attomey m fact to make execute,aeal acknowledge and`delrver for and on its -: -:: -behalf as-s`utery and as-iis'acf and deed and andall undertakings, bonds, recbgmzances and other surety obligatidns m the penal]§um not exceeding TWENTY-FIVE MILLION AND 00/1:00 - DOLLARS,($ 25,000;000.00**'**-- --i: )each, and the '- "execution ofauch under[akings, bonds; recognizandes and other surety obligations, in pursuance ;of ahese presents shall betas"binding upon the ~ :~.Company as if they had been duly signed by the president and attested by the-secretary of3Me Company:in then own pdper persons> -_- -:Thatthis power is,made and executed pursuant to and by authonry of the following By-law anti Authorization - ARTICLE XIII ExecutFOn of Contracts Section 5 Surety Bonds and tlndertakmgs:-_; -: -` -~:~ ~ -~ - Any officer of the Company ~author¢ed for that purpose m venting by the chanman or the president and subject to such limitations as the chairman or the;president may prescribe, shall appoinYSuch attorneys m fact as may be necessary to act In.behalf of the-Qompany to make, ~ execute, seal, ~acknowledge:,`and deliver-as surety any and all urldertakmgs,'-.bonds, recogriizances and~~other surety. ooligations. Such '~ --` attorneys in-facF, subject to the limdations set fonh in ilieir respective: powers of attorney, shalFhave full power to bind 1Be~Cbmpany by their y N - signature and execution of any such instruments and to attach thereto the seal ofahe Company: ~ When so executed such instruments shall be = - as binding as ifsigned by the president anrlattested by-the'secretary:-~ _ - - -y y By the following instrument the chairman or the president has autlionzed the officer or other official named thereinto appoint attorneys in fact: a >_ By-Laws, Gamet W Elliott, Ass~siant Secretary of Liberty Mutual Insurance-Company, is hereby - Pursuant f6 Article XIII, Sectioh 5 of the R ~ _ _ - authorized toappoint such attorneys m fact as may be:necessary tb act in behalf of the Company to make; execute, seal, acknowledge and = _~ deliver as surety"any and alLundertakmgs bonds recogn¢ances and other surety obligabons. ~ ' - ~ H 3 - That the By law and the Authorization set forth abdve.are true copies thereof and are now in full force and effect d W j IN WTNESSWHEREOF;this Power of Attorney has been subscribed by an authorized-officer or official of the Company and the"corporate seal of ' c. ~ G-Q ~ - October :. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 24th day of ~-c 7 -- 2D07 - _ - - a ar a -' o y : - - ",LIBERTY MUTUAL INSURANCE COMPANY : ~ ~ gm m -- ~- :~ "~ ~ ~ ~~ Garnet W. Elliott, Assistant Secretary - - w o ,`, COMMONWEALTH OF PENNSYLVANIA ss - .t..~ ~6i: . -COUNTY OF M ONTGOMERY - - - C T c _ O~n this 24th- day of October - 2007„-before me a Notary Public, personally came Garnet W. Elliott to me known, and acknowledged ~ m that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above ~ 3 Gi: Power of Attorney and affixed the'comorate"seal of Liberty lvtutual -Insurance Company thereto wdh the authority and at the direction of said corporation. ~a R ` - r- _ ~ @ unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year IN TESTIMONY WH F Pave d~ - O Y cw ri c f rat above ~r7rit;en. er 6PFUi~. ` q > N _ .~ ~ t0 t$ $ COFNAOMhelJTH OF PENNSYLVAfdiA ~ --' ~N O ~ - OF, - :. ~~Pasteea,NCdyPN~x: ~ gy ~/~Q-~-~ ~,0~-cJ C W Z V - - ~ - WYF-.rih xP.. Fh2~i~rary Car.9l `: _ qqq ~~~~~y,~~ ~P. ~+ Fryca,,,~m,P~,~s nav. ~,z6~g` Ter sa Pastella Notary Public- cCi~ ~'~OTf-~~ ~ - 6~'!".1irP6it~4/~Vd:i@~CSCP3UC~Or n0:dr85 ~,..~ - CERTIFICATE --~- ~~ W.-. _. - - I; the undersigned, Assistant ecretary bf Liberty Mutual Insurance Company,-do hereby certify thatthe: original power of attomey of which the foregoing :-:: is a full true-and-correct copy, is in full forceand effect on the, datd of this certificate; and I-:do further perlifji that the. officer or official who executed the -'- said power.of attorney is an Assistant Secretary specially authorized-by,tfie chairman or the- president toappoinf at(omeys-in-fact as provided in Article -' XIII, Sedion:5.-of the By-laws of Liberty Ivlutual Insurance Company: ~ - - -Tliis certificate ~ahd the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authoriy 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 with the same force and effect as though manually affixed. IN IMONY HEREOF v ereunto subscribed my name and affi`xe~d,the corporate seal of the said compa/ny/,,~~his ~ day of _ ~ _ . _ ~~ ~~ Davi M. Carey, Assig' nt Secretary N -~ nit CJ"l/~9 ~k~~~~® 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 atfached 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 08-07 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. Pemuttee shall be required to pay for and be responsible for any adjustments or casings, etc. of its pipeline requiredbecause 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 fmal 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, 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 standadds 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 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 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 Ht1RMLES5 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 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: APPROVED FOR ADMINISTRATION Secretary Ci Engineer APPROVED AS TO FORM: ~~ C Director of Planning City Attorney 3 All conditions of this Permit are understood and agreed to by Permittee. ACCEPTED: Permittee: TE~Pr~o~du/acts/~PipelineCompany, LLC BY~ ~[.LLCX /J Title: ~U/'nie.v ZN ~T Date: 2- /,~ - 6~ ATTEST: Seal 4 AFFIDAVIT THE STATE OF ~S r`Or'hll- ~ COUNTY OF ~• JU ~1K Trie.`~~ BEFORE ME, the undersigned authority, on this day personally appeared ~d,,i ~ ~, f G7 /' ,.known to me to.be a creditable person, who after (T~Prodncts 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 N 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 TO, before me, by the Applicant, TE PRODUCTS PIPELINE COMPANY. LLC., on this ~3~ day of 2008 , to which witness my hand and seal of office. ~~f ~~d~C.7~G1~ NOTARY PUBLIC AND FOR THE STATE OF ~ d u IBS is l1 c~ lame-~-~uc'~ #~09~I/ My Commission Expires: L~~ 80ND # 022-022-577 PIPEfSNE INSTALLATION BOND THE STATE OF TEXAS COUNTY OF JEFFERSON THAT we ~ Products Pipeline Co any, LLC prindpal, and Liberty Mutual insurance Compaq and surety authorized to do business fi the State of Texas, admowledge ourselves bound to 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,OQ0.00 _) Dollars, far the payment of which will and Truly be made, we bind ourselves, our heirs, exewtars, and admhtistrators, jointly and severally be these presents. The conditions 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 Gty of Port Arthur, Texas, pursuant to Permit No. granted by the said Gty, said 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 all intents and purposes. NOW, THEREFORE, be it understood that Prindpat wi(I comply with the terms and conditions of Chapter 66, Amide IF, Sections, 66-51 through 66-69, Code of O~nances, the aforesaid Permit Issued thereunder, and wilt promptly pay, within the limits of the penal. sum of this Bond, a!I damages for loss ar injury suffered by the Cty of Port Arthur and/or any person, firm, or corporation that may result from Pdndpal's operaEons 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 ungl completion of the installation of the line or lines Is approved in uniting by the Gty Engineer. Thts Band ' PIPELINE HJSi"ALlATION BONG X022-022-577 - PAGE 2 -- - - shall inure to the benefit of the City and arty person who may suffer a loss or Injury as stated above. The expiretlon of the period which thts Bond covers shall not affect any dafm or cause of action thereon whtdt may have accrued prior thereto, and the Bond shall remain in force and effect as to such pror aCWed dalms or causes of adton. IN TESTIMONY Wf~itREOF, witness our hands this 17tfi day Of January APPROVED AS TO FORM: CJty Attnmey A.D., 2008 TE Products Pipeline Compaq, LLC PCO GP, Inc. its sole manager BY: ~ t~l ~ Ar. Zvlup,~ h f CiLO Lib Mutual o ce Company BY: Cazol E. Hock- Attorney-In-Fact APPROVE6 FOR ADMINLSTRATION this day of _, A.D., 8Y: C.Ls-~ LJl uK. C City gineer -'- ftle c~plpeilnepetmlts~majorpipeifnepernutblank ~ ~~~ ~ ~~ ~~~~-~ THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND l- ~-. . This Power of Attorney.limrffi the.acts;pf those:narited herein, and ffiey.ha4e no authol•lty to bind the Company except in the manner and to the extent herein sffiffid '~~ - -:- -:~~ ~-~~- '~~ - _ - - - -- - - '--LIBERTY MUTUALINSURANCE COMPANY - - `- - -~ --: <-- __ .-~: BOSTON, MASSACHUSETTS~:~-_ - ~ '~- - POWER OF ATTORNEY -- - - _ ~ ' KNOW ALL PERSONS BY THESE PRESENTS 'That Ltberty:~Mutual Insurance Company (the °Company) a:~~Massachusefis stock insurance. -.-cofnpany; pursuant to and.~by au[hodty_ofthe By-law,aiid Authorization heremaftei set forth;:does hereby:name constitute and appoirit:. -. ROBERT M::OVERBEY, JR, CAROL E HOCK, ALL OFTHE CITY OF HOUSTON, STATE OFTEXAS ...:::. ....... .... ,each individually rf there be more than:one named .its true and lawful attorney-in fact to make execute, seal acknowledge and iJeliver for and on its ~ ~ : `tiehalf as sinety~ and as its~ad and~deed,~an~ and alt undertakings; bonds, recognizances and other Buiery obhgationstin the penal sum not exceeding and-the =- -!' DOLLARS ($ 25 000.600 00"' "'_ _.:= `: 1 each ON'AND 00/100 '*"" * "' ~ , . ~ . : TWENTY FIVE MILLI S~execuhon pfauch undertakings, bondsj::recogmianpes and othe~surety obligations in pursuance of these presents: shall be-as_ainding upon the --Company as.if-they had been duly signtSd;b"y the president and attested by the secretary df the Companyinaheu own proper persons:_ ?_ That this power is made antl~executed pursuant to and.by authonty~of the following By law and Authorization _ - ARTICLE XIII Execution of Contracts Section 5 Surety" Bonds and Undertakings ,:- - `_ ;- _" ` :-. Any officer of they Company authonzed for-that purpose;in writing bY~the chauman or the president, and Sublet[ to such limitations as the " ~dhainnan or the;president mayprescdbe, Shall appoinCSUCh attomeysjn fact, as`may be necessary to aci in:behalf of-the: Company to make, R ' execute seal, acknowledge and deliver as surety ahy_.and all undertaings bonds recognizances andiother surety[_obligations. Such Company by their ower to bind th f ll h ll H a ~, H'. = ~ e p a fiave u Orney, s - attorneys m-fact; subject to thehmdations~set forth in their respectide_powers of a p - :signature and~ezei;ution of any_such instruments and to"attach thereto She seal of the Company.; When so executed such instruments shall be ~ ~- : ~_ ~ _ ~ as binding as rf signed by the president and attested by the secretary. ` ?! ' ' d a d . _ :- - ~.. .. .. _ , By the following instrument the chalnnan or the president has authonzed the officer or other official named therein to appoint attorneys m-fact: ~ a ~ a c Assistant Secretary of Liberty Mutual Insurance Company, is hereby Pursuant to Article XIII, Section 5 of the By Laws Garnet W Elliott; ~ ~ , '. authonzed to appoint such attorneys m fact: as may be necessary to::act in behatl of the Company to make; execute, seal, acknowledge and _ p n ~ : - deliver as surety:any and all undertakings, bonds recognfzances and other suretyobligations: : ~ N That the By-IaW and the Authorization set forth above.are true copies thereof and are now in full force and effect. _ _ y W j II9. WITNESS WHEREOF;~this Power of~Attomey has been suliscnbed by'an authorized officer or official"of the Company and the coryorete seal of cE C--a r _ Cibertv fvlutuaClnsurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 24th day of :October -.: ~ c ` ` -IN TESTIMONY WHF P _~C unto subscribed my nameand affixed my notarial seal at Plymouth Meebng, Pennsylvania, on the day and year t7 v fiist above written. Q. owu~ ~ -~.-~- 4`- " ~; r `, .- ~ 4~ ~~ ~ ~CAMMONWEAL~PENNSYLVAN4l p ~ OF - .. TeresaPa9eLt trdayi''~k gy ,f/.(/LG2oc) /4' Z ~ ~-- - ~P Ryxx~t+Tw,~.,M ~~:' -Ter sa Pastella Notary PublicF MyCmmisamrFxpres L`1C' '~~ ElenEar Fennsyivana ASeoNkWn ai NOtaAsa CERTIFICATE ~~~ ~rq~, P~~. ~_ I; the undersigned, Assistant ecreffiry of Liberty Mutual Insurance Company do hereby certify that the original power'of attorney of which the foregoing :: is a full; true-andcovect copy, is in fullforce~and effect on the date of this certificate; and I-do further cetify that the officer or official who executed the .._ -- - . -r -~ Said powerbf attorney is an Assistant Secretary specially authorized by the chairman or the president to,appoint-atfomeys-in-fact as provided in Article - ~: XIII; :$ebtioriS ofthe By-laws of Liberty Mutual Insurance Company. -- -This certificate apd the above power of attomey may be signed 6y facsimile or mechanically reproduced signatures under and by authority of the - following:Gote. 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 cppy of any power of attomey issued by the company in connection with surety bonds, shall be valid and binding upon the company - wRh-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 ti~ ~~ z By ~ - - M , .~' Davi M. Carey, Ass' t Secretary oa L d ~ z to 0 0 ci c d d d 0 N b N t+t 00 0 V1 r -- ~hel~ Nlutual® tnlpor~~nt 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. 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 08-08 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 oreasements 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 mazkers in accordance with Section 66-60. l 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, 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 Standazds Institute, United States Deparhnent 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 pemut 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 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 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 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 It}~.~- ~~~-Ct~.vhl T . G . City ngineer ~~~ ~. 2J D rector of Planning 3 All conditions of this Permit aze understood and agreed to by Permittee. ACCEPTED: Permittee: T`E~P-roduncts~Pipeline Company, LLC By: l_G~C~J Title: ~ ~-Ne~-L// /~-~ Date: 2- I3 -~ $ ATTEST: Seal 4 AFFIDAVIT THE STATE OF L[~'U(S ~GHCC § COUNTY OFSfi-SO4~-{^ ~~ ~~~~~ BEFORE ME, the undersigned authority, on this day personally appeared ~~ ~ ~~ ~c. ~ ,known to me to be a creditable person, who afrer (TE Products Pipeline Company, LLC Representative) being duly sworn upon oath did depose and say: THAT he is ~~~ Representative Tile) 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. ~~~ JGt! TE Products Pipeline Company, LLC SUBSCRIBED AND SWORN TO, before me, by the Applicant, TE PRODUCTS PIPELINE COMPANY. LLC., on this ~ day of }'LL C 2008 , to which witness my hand and seal of office. NOTARY PUBLIC A FOR THE STATE OF ~d[r~S~a /ti<c- ~Iq;~ e. ~ ~uri25' '~ S~a9~/ My Commission Exprres: L~ ~~ ,~ , . _ _W~z _ ~ ~ ._,_ ~ .~_ _ _ e_ ,~ ., , ~~ ~:~ BOND #. 022-022-577 PIPELINE INSTALLATION BOND THE STATE OF TEXAS COUNIY OF]EFFERSON THAT we TE Products Pipeliae Company, LLC principal, and .Liberty ?3utual Insurance Company and surety, ,~ authorized to do business in the State of Texas, admowiedge ourselves bound to the Gty of Part Arthur, Texas, and/or any person, firm or corporation in the penal sum of _ Pourty Five Thousand ~ no cents{~ 45,000.00 _~ Dollars, for the payrrrent 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 obligatlon, however, are such that, whereas, the said _ TE~Products Pipeline Company ~ged to the business of constructing, operating, and maintaining a pipeline for the transportation of petroleum prodrutis within the Gty of Port Arthur, Texas, pursuant to Permit No. granted by the. said Gty, said Permit requiring a bond to be famished in accordance with Chapter 66, Article II, Section 66-57 {a) and (c), Code of Drdinances of said Gty of Port Arthur, Texas, which said Permit and Section are made a part hereof far all intents and purposes. NOW, THEREFORE,. be (t understood that Pdncfpal will comply with the terms. and conditions of Chapter 66, Article II, Sedions, 66-51 through 66-69, ,.Code of Ord'mances, the aforesaid Permit issued thereunder, and will promptly pay, within the Itmits.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 chat 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 Gty of Port Arthur during the period until completion of the installation of thedine or lines is approved Fn writing by the Gty Engineer. This Bond ~ ~ _ ~ Y .... _ ~ -, __- - PIPELINE INSTALLATION 80ND X022=0Z2-577 PAGE Z shall inure to the benefit of the Gty and arty person who may suffer a loss or Injury as stated above. The explretlon of the period which this Bond covers shall not affect anq dalm or mouse of action thereon wfitch may have accrued prior thereto, and tfm Band shall remain (n force and effect as to such prior awned daMS or euses of action. IN TESTIMONY WHEREOF, witness our hands this 17th day of _ 3annary A.O., 2008 TE Products Pipeline Company, LLC PCO GP, Inc. its sole manager cto 6Y: r-- jV~~~.~Ar. E~.nr..ihf Libe~ mutual ~F}s~ynce Company Carol E. Hock- Attorney-In-Fact APPROVED AS TO FORM: dty Attorney APPROVED FOR ADMINISTRATION this day of _, A.D., 8Y: ~,R~ Gty ngtneer file c:~pipellnepetmits~majorpipdinepermithtank _ = - ~:. 223°1433:- THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON REDBACKGROUND ~. - -and they have no authority to bind ttie Company except in the manner and to rein d h m e ; e e na This Power of'Attorney_limits the acts ~df thos - ~ _ - - - - -- -- ~the'extent herein stated - - - - - ~ LIBERTY MUTUAL INSURANCE COMPANY - _ _ - - - BOSTON, MASSACHUSETTS ._-_: - ~ ~ " . - " `_-~ ~ ~ POWER OF ATTORNEY " - - ...-? ` - : `_ KNOW ALL PERSONS BY THESE "PRESENTSThat Liberty;-Mutual Insurance Company (the Company) aMassachusetts stock insurance- and appoint. t forth does hereby name constttute = fte : r se ~~ -.-company; pursuant to"and"byauthoniy of: the By law aril Authonzatlpn hereina __ ALL OF_THE CITY OF HOUSTON, STATE OFTEXAS ••••••••••••••••••• CAROL E: HOCK R , , ROBERT M:OVERBEY; J its true and lawful attorney-in fact to make execute, seal acknowledge and deliver for and on its named o tli ; ne an each individually rf there~be more ~lrtadedakings;:bonds, recognizances and o 25 000 OObOgaho~s in the penal ~SUmt eachx and the and " --behalf as sure and as its~acf and-deed,-an~+ U ; ~ TWENTY FIVE MILLION'AND 00/100 = ' OOCLARS'($ ursuance of 1}ese presents; shall be as :binding upon the in i a p tions, g -execution.of'such undertakings bonds;`recdgmzanpes and othef surety obl Company as tthey had been duly signed_:by the president and attested by the secretary of the Company maheir own proper persons:_~ f the following By law and-AUthoTization = - ' o ', That this power is made and~_executed pursuant to and,by authonry ARTICLE XIII Execution of Contracts Section 5 Surety Bonds and Undertakings ~.- ~;- -.:- `~:- ~ - ypfficer of theCompany authonzed for-that purpose-:in wdbng bg_the chairman or the president and subject to such limitations as the any to make f the.Com A lf 6 h a , p n o e a -chairman or the'presideni may prescnbe, shall appoint "such attorneys-intact as'may be necessary to act in and all undertakngs :bonds recognizances and other surety~obligations. Such any as suret l - a w _- y iver and de execute seal, acknowledge, attorneys in-fact; -subject to tfie. kmda6onsset forth m their respective;powers of: attpmey shallthave full power to bind the. Company by their When so executed such instruments shall be i f y ~ p _ e Company. ~ ff :signature and:eiecutidn of any-such instruments and to attach thereto the seal o ~ ~ ~ ~ :_ :: .. _ as bihding as if signed by the presdenCand attested by fire secretary - ~ _ By the following instrument the chairman or the president has authonzed the officer or other official named therein to appoint attomeys in fact: a c ~ n C Pursuant to Article XIII Section 5 of the: By-Laws, Gamet W. Elliott; Assistant _Secretary of Liberty Mutual-Insurance Company, is hereby to makeexecute seal acknowledge and Com an lf of th c m p y e - authorized to appbmt such attorneys m factas may be;necessary to act m beha ~ _ o „ ~ v - deliver as surety."ariy and all undertakings; bonds recognizances and other surety obligations ~ N ~ O 3 _ That the By law and the Authonzation set forth above are true copies thereof and are now in full force and effect ~_, ;.,_ ,~-_ a~i W `E ~ j IN WITNESS-WHEREOF;-"this Power of. Attom"ey,Fias been, subscribed by an-authorized officer or official of the Company and the corporate seal of .~~ October ~. 24th day of th va O-rs 4 d ~ ' _ . is nia Liberty Mutual InsuranceCompany has been affixed thereto in Plymouth Meeting, Pennsyl ~_ a 3 .: _2007 [ -,` C e •0 =.y .-. ~ ~ - _ LIBERTY MUTUAL INSURANCE COMPANY 3 m d O>- _ - ,: - -` --J ~ OE ~ Garnet W. Elliott, Assistant Secretary e ~ y,., .- COMMONWEALTH OF PENNSYLVANIA ss- ~ r G c ~ y rn~ COUNTY OF MONTGOMERY - - ~- -.before mega Notary Public, personally came Gamet W Elliott to me known, and acknowledged f October `- 2007 ~ d the above t d h h - m ~ m ~ 3 C ~_ o •-- , e ay o e execu - -On this 24t -that he is arr'ASSistant Secretary of Liberty Mutual.ansurance Company; that he knows the seal of said coryoration; and that ith the authority and at the direction of said corporation. t h ~ o E ar o w ere ,Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company t O R Pennsylvania, on the day and year `: - ffixed my notarial Seal at Plymouth Meeting and d r m L, , _a my name ~ ins ~^eTineni.iv wNunto subscribe v fist above written: ci: tAQP""fq -C , ld C -' R/ O~ L~, ~ COMMOMNEAL't}I OF PENNSYLVANIA " _. > i :., '. F u S Y _ '' f~bb~lel5e» " ~ '~ ~~Y.B.wC~ /,~ .. OF T6res?Pa'tBLt.N~'1'~ ; -By Z ~ z, ~` T~~""u°"0Yr°`p1fi•- Ter sa Pastella, Notary Public-- ~P- MyCumissfai F~ee:Mer l8. al0e ~' `fP \G ~~~ A1ernGw. PemaylvaMa ACSOCiallvn aiNdalee CERTIFICATE ~~ ~,qpy try ". - ~ ~ ~ :; "--: - ~. " ~' .. I; the undersignetl, Assistant ecretary of Liberty Mutual Insurance Company, do hereby cerbfy thafthe ongmal powero$attomey of which the foregoing -~a. is a full' Prue-and,correct copy, is in fullfiorce,and effect on ihe'date of thi"s perefirate; and I~do further certify that the,officer or official who executed the said power ~ot.attomey is an Assistant Secretary specially authorised by the dhairman or"the president to;appoint:attomeys-in-fact as provided in Artic e - ~_ XIII Section.5 of the By-laws of Liberty Mutual Insurance Company. . ~- 7his certificate and the above power of attomey may be signed by facsimile or mechanically reproduced signatures under and by authory 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 - ' cert~ed 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. ." IN IMO Y ~ HEREOF _v ereunto subscribed my name and affixed the corporate seal of the said company, this ~ day of ~u y r •r'';':' Davi M. Carey, Assigi "t Secretary -- _ Libe>~ -- .-- _ 1Vlu~ua.~® f~po~ant N®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. !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: 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 J-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 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 fmal 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 saidright-of- way. Provide markers in accordance with Section 66-60. l 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 diameteras 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. 1 L 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 sandads among such agencies, the most stringent standazd shall apply forpurposes 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 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 ofthis 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 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 ofliability insurance as required by the City pursuant to the afore said Chapter. CITY OF PORT ARTHUR BY: ATTEST: City Secretary APPROVED AS TO FORM: City Attorney TITLE: DATE: APPROVED FOR ADMINISTRATION Q• ~.E Ci Engineer ~~~ zJ~ Director of Planning 3 All conditions of this Permit are understood and agreed to by Pernuttee. ACCEPTED: Permittee: TE{~P~roduc(t~s Pipeline Company, LLC By: I (:l.C.~X-~ ~- Title: 6i'N`j .~i/ ~~ Date: 2 -(.i - D 8 ATTEST: Seal AFFIDAVIT THE STATE OFdDU rS ~~~ H G § COUNTY OF S ~ ~ ~I BEFORE ME, the undersigned authority, on this day personally appeazed ~j/y~,~ ~ ~ ~ (~ ,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 Productr 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)-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 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 ~vday of 2008 , to which witness my hand and seal of office. NOTARY PUBLIC 1N AND FOR THE STATE OF ~ U/~~~~ a--~ 1ginC~ ~ ~ur~"LS ~ ~~`~/ My Commission Expires: (a~-~.- BOND # 022-022-577 PIPELINE INSTALLATION BOND THE STATE OF l-eXAS COUNTY OF7EFFERSON ,; ' THAT we TE 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 of Part Arthur, Texas, and/or any person, firm or corporation in the penal sum of _ Fourty Five Thousand ~ no cents(# 45,000.00 - _) Dollars, for the payment of which will and truly be made, we bind ourselves, our heirs, executors, and administrators, jnlntty and severally be these presents. The condldons of this obligation, however, are such that, whereas, the said _ TE Products Pipeline Companyaged in the business of construding, 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 band to be fum(shed In aanrdance with Chapter 66, Article II, Section 66-57 (a) and (c),. Code of Ordinances of Bald City of Port Arthur, Texas, which said Permit and Section are made a part hereof far all intents. and , purposes. NOW, THEREFORE, be it understood that Pdndpa[ will comply with the terms and conditions of Chapter 66, Artide II, Sadions, 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, all damages for lass ar injury suffered by the City of Port Arthur and/or any person, firm, or corporation that may result from Prindpal's operations urider said Permit as it pertains to a public street, alley, nr 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 writlng by the City Engineer. This Bond 60ND # 022-022-577 PIPELINE INSTALLATION BOND THE STATE OF TEXAS COUNTY OF JEFFERSON THAT we TE Products Pipeline Company, LI.C prindpal, and Liberty Mutual Insurance Compaq and surety, ~~ authorized to do business In the State of Texas, admowledge ourselves bound in the Gty of Part Arthur, Texas, and/or any person, fmn or Corporation in the penal sum of _ _Faurty Five Thousand 6 no cents{# 45,000.00 _) Dofiars, far the payment of which will and truly be made, we bind ourselves, our he1r;, exeartnrs, and administrators, jaintfy and severally be these presents, The conditions of this obligation, however, are such. that, whereas, the Bald _ TE Products Pigeline Campany~ crnraged in the business of mnstruding, operating, and maintaining a pipeline for the transportation of petroleum produRs within the Gty of Port Arthur, Texas, pursuant to Permit No. granted by the said Gty, said Permit requiring a bond to be furnished In accordance witli 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 all intents and purposes. NOW, THEREFORE, be It understood that Prindpal will comply with the terms and conditions of Chapter 66, Article FT, Sedions, 66-51 through fi6-69, Code of O~nances, the aforesaid permit issued thereunder, and wIU promptly pay, within the iim[ts of the penal. sum of Phis Bond, all damages for loss ar injury suffered by the Gty of Port Arthur and/or any person, firm, ar corporation that may result from Pdndpal'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 until mmpletlon of the installation of the tine or lines is approved fn writing by tfie Gty Engineer. This Bond a ,r- PIPELINE IIVSTALLATION BOND X022-022-577- PAGE 2 steal! inure m the benefit of the City and arty person who may suffer a loss or injury as stated above. The expiration of the period which thB Bond covers shall not affect any claim or Dose of action thereon which may have acwed prior therein, and the Bond shall remain in force and effect as in such prior awned Balms ar muses of action. IN TESTIMONY WHEREOF, witness our hands this 17th day of January APPROVm AS T6 FORM: Atinmey Carol E. Hock- Attorney-In-Fact APPROVED FOR ADMINISTRATION this day of _, A.D., A.D. 2008 TE Products Pipeline Company, LLC PCO l$', Inc, its sole manager G~GO BY: r-- . {V ~ ~~.~ Ate. b\R.a~.i h~ Lib plotual ce Company BY: D,~ ~ BY: ~Q, ~ ~ ~' 91-~ file c:\plpe~inepermlts\majorplpelinepermithlank 2231433- the manner and fo ~.-the extent heem stated ~.~. -~ ~ -.- `~ -- '- ~- - ~ ~ - MUTUAL INSURANCE COMPANY ~~ _.;_ - . '~- ~ - ~"-: ~_ _- -LIBERTY _ . -- _- - _- '.-BOSTON, MASSACHUSETTS°.` - _ - - - `POWER OF ATTORNEY ~`_ _ - - ~ ' Y THESE PRESENTS: '_?hat Liberty Mutual Insurance Company (the °Company ), a`Massachuset7s. stock insurance. KNOW ALL-~~PERSON$ ~B _ -'cpmpany; pursuant to and By authority ofae By law:`and Authodiafion hereinafter set forth,.does hereby name constitOte and appoint: ROBERT _M: OVERB_EY, JR ;-CAROL E HOCK, ALL OF THE CITY OF HOUSTON, STATE OFTEXAS ... .............. .beach individually rf there be more than-pne named'; its true andaawful attorney m fact to make executeseal ackno4ledge and Gegver for and on its ~. -behalf as suretyry and as rLS"ad and deed an~r aod-all-undertaken s_; bonds; recdgnizances and other surety obliggations m the penal-sum not exceeding and the $ 25 000:000 OU** '' - )each *** '** 9 RS` * , , DOLLA ( ": TWENTY FIVE MILLION AND 00/100 ~:-ezecufipn ~ofsuch undertakings bonds; recogrnzances and other surety obligations, in pursuance of `these presents ahall be as binding upon the - ' -COmpan`y as-.if-they had been duly signed by the president and attested 6y thesecretary of the Company in their own proper persons: ~_That this power is made aril executed pursuant to and 6y authority-of the following By-law and Authoniation _ ~ - ~ ~ :; ~ .?. Bonds and Undertakmgs: - ARTICLE XIII -Execution of Contracts Seebon 5 Surety - Any officer of ilia Company authonzed foi-that purpose in wn;mg by the chauman or the president and sublect to such limitations as the - chaibnan or the-`jresident may prescnbe,shall appointsuch attorneys m fad, as:rnay be necessary to act in;behalf of the: Company to make, ~ - . aoknowledge;and deliver-as surety ;any and all undertakings, :bonds, recognizances and5other surety;: obligations. Such . seal - " exedute a , , = attorneys m-facF subject to the limitations-set forth in ineir respective; powers of: attorney, shall-have full power to bind tfie Company by their y -::signature and execution of any suchanstrumenis and~to"attach thereto the seal of,the Company:; When sb executed such instniments shall be ~ _ -a§-binding as ifsigned by the`president ahd-attested By,the secretary:_ _ - -~ -N ~ By the following instrumehtthe chairman or the president has authorized the officer or other official namedaherein to appoint attorneys in fact: ~ Pursuant to Article XIII, Section 5 of the: By Laws, Garnet W. Elliott, Assistant Secretary of:Gberiy Mutual Insurance-Company, is hereby aI acknowledge and to-act in behalf of the Company to make; execute, se be necessa fad as ma t ~ ~ _ ; ry y . --. authorized to appoint such.atforneys m, j , ' deliver as surety:any and alundertakings bonds; recognizances and other suretypbligations.'~- _ ~ - ` - _ U. ~ _ ,_ r -That the By-law and the Authonzafion set forth aboveare true copies thereof and are now in full fome and effect. F. y W t,: IN WITNESS:~WHEREOF;~this Power of Attorney ties been subscribed by an authonzed-pficer or ofrcial of the Company and the'coryorate seal of EE p,Q .Liberty Muual InsurandeiCpmpany has been affixedahereto in Pymeuth Meeting Pennsylvania this 24th day oY:.` October = ~_ _ 4-~; ~ -?_-_ 2007 - - _ - - a LIBERTY MUTUAL INSURANCE COMPANY ~ i ~" ~ - _ - r - - 3 " . , . _ ,~ ° E y ",_ _ 3~" Garnet W. Elliott, Assistant Secretary = oa COMMONWEALTH OF PENNSYLVANIA ss - " " ~-~ .COUNTY OF MONTGOMERY _ _ -- - o c i... , - ~ ~On this 24th- day of -October ~'- 2007'x,-before me; a Notary Public, personally came Gamei W Elliott. to me known, and acknowledged ted the above t h c d th i Ten != v e exe u on; an a ---that he is an-Assistant Secretary of Liberty Mutual"Insurance Company; that he knows the seal of said corporat i on. Power of Attorney and affixed the corpdrate seal of Liberty-Mutual Insurance Company thereto with the authority and at the direction of said corporat ~ ~ Pennsylvania, on the day and year seal at Plymouth Meeting d my notarial ffix me and ib d n I F A Ir~ N Y N , . e a e my a M a ~ unto subscr Y WH • iN TESTIMO ~ ` ~ ~. 1~ U~ T~'is. y -COMhroNwEAL~~ Nsvivwtw _ // - O OF ~ TsrasaPa^tera NdaY~ - -By ,L.l/LGBer~ /~ Z ~ ~- ~Q ~"i6°t' °10. 7 ~~ -Ter sa Pastella Notary PubliC~~ ~, .- - yP hlyCcdmisvonExaaes CERTIFICATE'- - mere°r•rm"siivnie ACeawwmm~xanae yDrRRy t~~. --6; the undersigneG, Assistan ecretary-ofi Liberty Mutual Insurance Company, do hereby certify that the original powerof~attorney of which the foregoing "`: is a full; frueand:correct copy, is in fullfiome'and effect on the'date of thi-s certificate; and I--do further certify that ihe;offcer or official who executed the -: ~_ said power. of-ariomey is an Assistant Secretary specially authorized byzhe-ohairman or the president taappoinEattomeys-in-fed as provided in Article - ~~ XIII, SectionC5.-of the By-laws of Liberty Mutual Insurance Company: - '. This cerfificafe ~~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, 1990. VOTED. that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a ~- - "certified cppy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company - withthe 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 -1 o. Devi M. Carey, Ass' "t Secretary r ua r -- - - Li~ea-t~ - - _ - ... 1VIu~x~Ie trnpo~ant [notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPI You may contact tFie 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 . , ~ ~-Y ~~3e1"~ ~LItLI~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. 0. 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 ARTIiL1R 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 (I)-20 "Reined 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, Perinittee 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 duratiori 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 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 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 Pernut 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 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 are caused by, result from, or arise out of pemuttee'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 necessazy costs and experises to the City of Port Arthur relating to such claims, suits, or demands, caused by, resulting from, azising, 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 aimits 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 Attorney 3 All conditions of this Permit aze understood and agreed to by Permittee. ACCEPTED: Permittee: TE Products Pipeline Company, LLC Title: ~d7p/'N~~d'i/ f7f~u Date: 2 - (,3 - 6 ~ ATTEST: Seal AFFIDAVIT. TI3E STATE OF t ~ ( Y. § COUNTY OF Sf~ a ~tn ~~~~~~ BEFORE ME, the undersigned authority, on this day personally appeazed 1~(1-t,... ~ ~ L-G. ~ ~ ,known to me to be a creditable person, who after (TE Products-Pipeline Company, LLC Representahve) being duly sworn upon oath did depose and say: THAT he (TE Products Pipeline Company, LLC 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 19.i "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 ICz~1~ 2008 , to which witness my hand and seal of office. l~ NOTARY PUBLIC AND OR THE STATE OF ~c~ip/'lCt- ~~~~H~~f~3ur~ ~D~~/ My Commission Expires: ~f~~ k_ __ _ .: _ _. .. e earya # azz-ttzz-s~~ PIPELINE INSTALLATION BOND THE 51'ATE OF TEAS , COUNTY OF JEFFERSON prindpai, an THAT we TE Products Pipeline Company, LLC d Liberty Mutual Insurance Company and surety, authorized to do business in the State of Texas, admowledge ourselves bound th the City of PortArthur, Texas, and/or any person, firm or corporation fn the penal sum of _ Fourtp Five Thousand b no cents{$ 45,000.00 _) ooliars, for the payment of whidr will and -truly be made, we bind ourselves, our heirs, executers, and administrators, jointly and severally he these presents, The conditions of this obligation, however, are such that, whereas, the said-` TE Products Pipeline Companyts ged in the business o€ mnstruding, operatong, and maintaining a pipeline fnr 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 to be famished in accordance with Chapter 66, Article II, Sedion 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 all intents and purposes. NOW, THEREFORE, be It understood that PrindpaE will comply with the terms and- conditions of Chapter 66, Artide II, Sections, 66-51 through 66-64, Code of Ordnances, the aforesaid Permit issued thereunder, and will promptly pay; within the limits of the pens( sum of this Band, all damages far 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 perta'vrs to a public street, alley, er other public way or easement within the Gty of Port Arthuf during the period until completion of the installation of the tine or lines is approved in writing by the City Engineer. This Bond PIPELWE INSTALLATION BOND -#022-022=577 PAGE 2 shall inure to the benefit of the City and arty person who may suffer a loss or Injury as stated above. The expiretion 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 8ond~shall remain in force and effect as ro surh prior accued Balms or mouses of action. IN TESTIMONY WHEREOF, witness our hands this 17th day of _ January APPROVED AS TO FORM: City Attorney Cazol E. Hock- Attorney-In-Fact APPROVED FOR ADMINISIRA'fION this day of A.D., A_D., 2008 TE Products Pipeline Company,. LLC CO CP, Inc, its sole manager C;~~ BY: 1/ ~L~ ate. {+~,.,t n f -Lib Mutual •r ce Company BY: / %I ~ BY: `~ [•G• City E gineer rite c~ptpetlnepermits~majorpipefinepennitblank -- ~ - 2231433'::_ THIS POWER OF ATTORNEY IS NOT-VALID UNLESS IT IS PRINTED ON RED BACKGROUND ~- :_ :. ->_ 3fiis Power.-of`Attorney_limits the-acts'of thgsenamedherein, ;and they have no authority to bind the Company except in the manner and to ~tlie extent herein stated. ~~- ~ ~ -~ -~'- ~ - - --:- '•- '="' -~LIBERTY,MUTUAL INSURANCE COMPANY '- -_ _ -" - - BOSTON, MASSACHUSETTS:'`- - - POWER OF ATTORNEY :~ ~- ~ - - _ - - -- ~ - KNOW ALL PERSONS B_Y THESE "PRESENTS. -That Liberty;~Mutual Insurance Company (the 'Company) a4Massachusetts. stock insurance. company; pursuant to and 6y authority ofthe By law.and Authoriiation hereinafter set forth :does hereby name constitute and appont,:. ROBERT M: OVERBEY, JR, CAROL E ,HOCK, ALL OF THE CITY OF HOUSTON, STATE OF TEXAS ...... . . ............ ":each indiwdually rf there be more than~one named, _its true and lawful attomeyan fact to make executeseal acknowledge and deliver, for and pn its ~-Behalf as sine{tyy and as its"act and deed, and and.all undertakings; bonds, recognizances;and other surety obhga+tioM§-in the pena(sum not exceeding TWENTY FIVE MILLION AND OOfl:00 +++ +.++..+ +++ DOLLARS :($ 259D0 000 00+ _ _ ' leach, and the ?execution of-ouch undertakings; bond§;~-recogniiandis and other surety obligations, in pursuance of these presents'shall be as binding upon the ::Company as: (they had been duly signeG;tiy the president and attested by the secretary of the Company in then own proper persons:_: That this power ~s made grid executed pursuant to and_by authontybf the following By law and Authorization _ - - ARTICLE Xill - Eiiecution of Contracts Section 5 Surery~Bonds and Undertakings--~_` : ~~. .);- ~~f- -- - - Any-:officer of the Company authorized.for :that purpose' m writing by the chairman or the president and Subted to such limitations as the - - ohairman or the'piesident maytprescnbe, shall appointsuch attorneys-m fact, as:may be necessary to act in_6ehalf of the-Cempany to make, a - -ex@oute seat,.-acknowledge':and delrver_as surety any and all undertakings, bdnds, recogriizances and other suret¢:obligations. Such ~ attorneys m facF; subject to the hmdations ~siit forth in their respectida'powers of attomey, shall have full power to bind the Company by their p - . signature and execution of anysuch instruments and to attach thereto. the seal of,th_e Company :~ When so executed such.in_struinents shall be O- - . asaindmg as rf:eigned by the: president ono-attested by-tlie secretary:_~: _ - '~ a ne y By the following instrument the chairman or the president has authorized the officer or other offiaal named thereinto appoint attomeys in fact: T~ N _ C a ~ ~ Pursuant to Article XIII, Seciion 5 of the ey Laws Gamet W. Elliott. Assistant Secretary of Lberty.MuNal Insurance Company, is hereby m „ ~ ': auflionzed to appoint such attomeys-in fact as may be necessary to:act in behalf:of the Company to make; execute, seal acknowledge and p ~ -_ deliver as suretyany and all undertakings; bonds recognizances and other surety:obhgafions. -: ~ F ~ 3 That the By law and the Authonza6on set forth aboveare true copies thereof and are now m full force and effect ,,_ -._ ;~, _ ~.E ~ j -.IN WITNESS:.-W_ HEREOF;~~this Power of Attorney._tias been subscribed by an ~authorized'pffider or offcial of the Company and the corporate seal of o,~Q - Liberty Mutual Insurance Company hasbeen affixed thereto in Plymouth Meeting Pennsylvania this 24th day of" 'October -. _ Q-~. d v ~;_ 2007 - - - - - . " -.- ~ ? - '~ - "- v 0 ~ w ~-. _ LIBERTY MUTUAL INSURANCE COMPANY ~ c O i - - - i- .._ _. -~~: ?~ R °~ J a E ~ ~ ~: '~__ . '~ - e~` Garnet W. Elliott, Assistant Secretary ~ - - r c .. of y „`,. -COMMONWEALTH.OF PENNSYLVANIA . ss - 'r ~ y COUNTY,OF MONTGOMERY _ : : ~- j ~ ~ ~ _ ~ d- ~'~ - ~ ~ ~ "- - ersonall came Gamet W Elliott to me known, and acknowledged ~ d C «' -On this 24th:: day of "October :- 2007 ; before,me; a Notary Public, p Y ~ ~ -that he is an:ASSistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above i$ -:: ,Power of Attprney and affixed the corporate seal of Liberty Mutual Insurance Company thereto wRh the authority and at the direction of said corporation. ~ ~ E'^ ' O ~ r r7 .T IN TESTIMONY WH P _~a unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year wN v first above written. cr iaoNU/~ { r s "~ 4/ OCt' {r ~ Cpt/,ypNwEALi4'10F PENN YLVANIA .- ~ /I~ ~_~ p 3 OF ~. ~- i~resaPeRe13,NO¢ryW.NG ~ fay ,C~il/.2eL) '4 00 Z ~ , _ - - - . ~- PysesETaa.,ta»rent~b= Ter sa Pastella Notary PulilicF ~ +- P. MY CCCrmhsionEgires Mar.?~.2tma~ p<O ~P~`G A4nmar Pmnsylvenla ASexutlan CNGeilse F~ CERTIFICATE -~ ~ 4 ~ - -:= ' ~-. -' ~ ~~~ 9RY ~y0" .,. . l; the undersigned, Assistant ecretary of Litierty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing `:. is a full; trueand correct copy, is in full force ;and effect on ttie,date of this certficate; and,P:do further certify that the,officer or official who executed the - ~- sold power.of, attomey is an Assistant Secretary specially authorized by the dhavman or the president to,appoint.attomeys-in-fact as provided in Article -' XIII, Section.:5:of the By-laws of Liberty Mutual Insurance Company. ~- This certificate antl the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and 6y authority of the - ~ ~ following.vote ofthe board of directors of Liberty Mutuaf 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 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 IMONY HEREOF v ereunto subscribed my name and affixed the corporate seal of the said company, this ~ day of >trf'~ By l _ - .~ , .° David M. Carey, Assig ht Secretary