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Ordinance No. 13,417ORDINANCE NO. 13,417 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING PIPELINE PERMITS TO SBE CHEMICAL PARTNERS I LLC, TO INSTALL TWO NEW FOUR INCH (4") PIPELINES AND ONE NEW SIX INCH (6") PIPELINE IN A NEW PIPELINE CORRIDOR; ESTABLISHING THE AMOUNT OF THE BOND; AUTHORIZING AND DIRECTING THE DIRECTOR OF ENGINEERING TO ISSUE THE PERMIT THEREFOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************************************** WHEREAS, SBE Chemical Partners I LLC, has submitted pipeline applications to install two new four -inch (4") pipelines and one new six-inch (6") pipeline in the City limits and/or its extraterritorial jurisdiction (hereinafter collectively referred to as the "Pipelines"); and WHEREAS, the Director of Engineering, based upon the assessment of the Director of Planning and Development Services, the Fire Chief, the Director of Public Works/Utilities, and the Emergency Management and Preparedness Coordinator as to compliance with Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, and based upon his examination of the applications and plans for the Pipelines, has issued a report to the City Council recommending granting permits for the Pipelines; and WHEREAS, the City Council has received such report and has determined that, based upon the representations of SBE Chemical Partners I LLC, the application meets all applicable provisions of Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, as well as all federal and state regulations; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That, subject to receipt of the bond specified in Section 3 hereof, the City Council of the City of Baytown hereby grants the pipeline permits, which are attached hereto as Exhibits "A," `B," and "C" and incorporated herein for all intents and purposes, to SBE Chemical Partners I LLC, for the new pipelines described therein and authorizes and directs the Director of Engineering to execute such permits. Section 2: That, subject to receipt of the bond specified in Section 3 hereof, the City Council of the City of Baytown hereby authorizes and directs the City Manager and the City Clerk to execute and attest to an indemnity agreement with SBE Chemical Partners I LLC, corresponding to the pipelines. Section 3: That the City Council of the City of Baytown hereby establishes ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) as the amount of the bond or other form of security satisfactory to the City, which shall be tendered prior to any construction, repair, adjustment, relocation or replacement of the pipeline pursuant to Section 34-233 of the Code of Ordinances, Baytown, Texas. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative ote of the City Council of the City of Baytown this the 23`d day of February, 2017. STEP EN H. DONCARLOS, Mayor ATTEST: LETICIA BRYSCH, Ci Jerk APPROVED AS TO FORM: I NACIO RAMIREZ, SR. ity Attorney RnKarenTiles\City Council Ordinances\2017\February 23 NewPipelinePermit2SBEChemicalPartners.doc Exhibit "A" Pipeline Permit Number: P-17-01 CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: SBE Chemical Partners I LLC Address:State: Points Pipeline Crosses Public Ways: Sjolander Road Zip: 2800 Post Oak Blvd,Ste. 2600 Fi�Houston Texas 77056-2175 Reason for permit: X New Pipeline Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet from its original position Pipeline Origin Point: 6926 E. Freeway, Baytown TX Pipeline Destination Point: 9300 Needlepoint Road Affected Public Ways: Points Pipeline Crosses Public Ways: Sjolander Road The points at which the pipeline will run or cross any Public Harris County Flood Control Way are depicted in Exhibit "B," which is attached hereto and Ditch incorporated herein for all intents and purposes. Description of Pipeline: The 6 -inch pipeline used to transport ethylene products, within the city limits and the ETJ. The pipeline will include a maximum operating pressure of 2220 PSI, The carrier pipe has an outside diameter of 6.625 inches and a wall thickness of 0.280 inches. This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 23r1 day of February 2017, grants Permittee the privilege to construct, operate, repair, and maintain the proposed pipeline described in and in accordance with Permittee's application, filed with the Director of Engineering. The issuance of this Pipeline Permit is expressly contingent upon Permittee's compliance %%ith the applicable standards required by all applicable federal, state and local laws as well as the regulations contained in Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, which are incorporated herein by this reference for all intents and purposes. Furthermore, in consideration of granting this Pipeline Permit, Permittee has agreed to hold harmless and indemnify the City in accordance with Section 34-234 of the same. Such indemnity is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. This permit shall be valid for a period of thirty (30) years, commencing on the date of issuance indicated hereinbelow. Issued this the __ day of February 2017. Jose A. Pastrana, PE Director of Engineering F: Karen Files Emerimnc? Management Pipeline Regulator) Fonnc Im istnPapelinePenmt doe Exhibit "A" Permit Number: —d INDEMNITY AGREEMENT STATE OF TEXAS COUNTY OF IAARRIS § For and in consideration of the City of Baytown issuing a permit in accordance with Chapter 34 "Environment." Article V "11azardous Substances. Liquids and Gas Pipelines" ofthe Code ol'Ordinances of the City of Baytown. which consideration and sufficiency thereof is hereby acknowledged and received. SBE Chemical Partners I LLC , a corporation authorized to do business in the State of Texas. hereinafter "Pennittee," hereby agrees as tbllows: PERMITTEE AGREES TO AND SHALL INDEMNIFY, IIOLD HARMLESS AND DEFEND, THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, COLLECTIVELY REFERRED TO AS "CITY," FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DA�IAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR, REPLACEMENT, ADJUSTMENT OR REMOVAL OF ANY PART OR ALL OF THE PIPELINE PERMITTED HEREIN, WHERE SUCH INJURIES, DEATHS OR DAMAGES ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE CITY AND PERMITTEE AND/OR 13Y THE JOINT OR SOLE NEGLIGENCE OF THE PERMITTEE. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH PERMITTEE AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY BY PERMITTEE TO INDEMNIFY, PROTECT AND DEFEND THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND PERMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF TILE INJURY, DEATH OR DAMAGE; AND/OR (II) PERMITTEE'S .JOINT AND SOLE NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. Indemnity Agreement. Pn,,e 1 Permit Number: /7-0 Failure of either party hereto to insist on the strict performance of any of the abo%c-relerenced ordinance requirements or of the indemnity contained hereinabove or to exercise any rights or remedic', accruing thereunder upon default or failure of performance shall not be considered a %%giver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hercunderorto exercise any right or remedy occurring as a result ofany future default or failure of perf'onnancc. This Agreement shall in all respects be interpreted and construed in accordance with and go% erned by the la%N s of the State of Texas. regardless of the place of its execution or performance. The place of making and the place ofperformance for all purposes shall be Baytown. Harris County. Texas. All parties agree that should any provision of this .Agreement be determined to be invalid or unenforceable. such detennination shall not affect any other term of this Agreement, %%hick shall continue in full force and effect. The officers executing this Agreement on behalf of the parties hereby represent that such officers have full authority to execute this Agreement and to bind the party he/she represents. SIGNED this Iday of _ IAURI BRIDGEN • " tL Notary Public. State of Texas My Commission Expires �' •+ Apill 08, 2017 Oaf II C I h onA c, %I , of Tty-60 Indemnity \zreenlent. Page 2 ,2o PERMITTEE SBE Chemical Partners I LLC Company Name rU Signatu of Authorized Officer Bengt Jarlsjo Printed \ante Senior Vice President Title ATTEST: LETICIA BRYSCH, City Clerk STATE OF TEXAS COUNTY OF HARRIS § Before me, appeared , Permit Number: CITY OF BAYTOWN RICHARD L. DAVIS, City Manager the undersigned notary public, on this day personally in his/her capacity as of , on behalf of such corporation known to me; proved to me on the oath of ; or proved to me through his/her current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of c:\kDt'-)4\emergatcymgmt\Permittalndannity.Agre=cnt Indemnity AWament, Page 3 200_ Notary Public in and for the State of Texas Exhibit "B" RAVEN PROJECT Exhibit "B" Pipeline Permit Number. P-17-02 CITY OF BAYTOWN PIPELINE PERMIT Pemrittee's Name: SBE Chemical Partners I LLC Address: City: State: Zip: 2800 Post Oak Blvd,Ste. 2600 Houston Texas 77056-2175 Reason for permit: X New Pipeline Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet from its original position Pipeline Origin Point: 6926 E. Freeway, Baytown TX Pipeline Destination Point: Olefins Production Facility - 9300 Needlepoint Road Affected Public Ways: Points Pipeline Crosses Public Ways: Sjolander Road The points at which the pipeline will run or cross any Public Harris County Flood Control Way are depicted in Exhibit °B," which is attached hereto and Ditch incorporated herein for all intents and purposes. D=dUtion of Pipeline: The 4 -inch pipeline used to transport butane -1 products, within the city limits and the ETJ. The pipeline will include a maximum operating pressure of 1480 PSI, The carrier pipe has an outside diameter of 4.500 inches and a wall thickness of 0.237 inches. This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 23`d day of February 2017, grants Permittee the privilege to construct, operate, repair, and maintain the proposed pipeline described in and in accordance with Permittee's application, filed with the Director of Engineering. The issuance of this Pipeline Permit is expressly contingent upon Permittee's compliance with the applicable standards required by all applicable federal, state and local laws as well as the regulations contained in Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, which are incorporated herein by this reference for all intents and purposes. Furthermore, in consideration of granting this Pipeline Permit, Permittee has agreed to hold harmless and indemnify the City in accordance with Section 34-234 of the same. Such indemnity is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. This permit shall be valid for a period of thirty (30) years, commencing on the date of issuance indicated hereinbelow. Issued this the day of February 2017. Jose A. Pastrana, PE Director of Engineering FAKarenWilesTmergency ManagemendPipeline Regulalory FonnsNnvistaPipelinePermiLdoc Exhibit "A" Permit Number: /7 — GZ INDEMNITY AGREEMENT STATE OF TEXAS COUNTY OF I-IARRIS For and in consideration of the City of Baytown issuing a permit in accordance with Chapter 34 "Environment," Article V "Hazardous Substances, Liquids and Gas Pipelines" of the Code of Ordinances ofthe City of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received, SBE Chemical Partners I LLC , a corporation authorized to do business in the State of Texas. hereinafter "Permittee," hereby agrees as follows: PERMITTEE AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND, THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, COLLECTIVELY REFERRED TO AS "CITY," FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR, REPLACEMENT, ADJUSTMENT OR REMOVAL OF ANY PART OR ALL OF THE PIPELINE PERMITTED HEREIN, WHERE SUCH INJURIES, DEATHS OR DAMAGES ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE CITY AND PERMITTEE AND/OR BY THE JOINT OR SOLE NEGLIGENCE OF THE PERMITTEE. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH PERMITTEE AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY BY PERMITTEE TO INDEMNIFY, PROTECT AND DEFEND THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND PERMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE INJURY, DEATH OR DAMAGE; AND/OR (I1) PERMITTEE'S JOINT AND SOLE NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE IN -JURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. Indemnitv Agreement, Page I Permit Number: 1:7— (W Failure of either party hereto to insist on the strict performance of any of the above -referenced ordinance requirements or of the indemnity contained hereinabove or to exercise ani rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy. strict compliance %N ith ani other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. This Agreement shall in all respects be interpreted and construed in accordance %%ith and go%erred b) the laws of the State of Texas, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be l3a)town. I lams County. Texas. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement. N%hich shall continue in full force and effect. The officers executing this Agreement on behalf of the parties hereby represent that such officers ha%e full authority to execute this Agreement and to bind the party lie/she represents. SIGNED this __ iclay of = . r _ . `?0__ Indemnify Agreement, Page 2 PERMITTEE SBE Chemical Partners I LLC Compan) Name Signat a of Authorized Officer Bengt Jarlsjo Printed Name Senior Vice President Title .• ►"''r. '� � LAURI BRIDGEN Notary Public, State of Texas My Commission Expires April 05, 2017 i�r -ary alb I II an �Y S_�a te 0 Teo5 Indemnify Agreement, Page 2 PERMITTEE SBE Chemical Partners I LLC Compan) Name Signat a of Authorized Officer Bengt Jarlsjo Printed Name Senior Vice President Title ATTEST: LETICIA BRYSCH, City Clerk STATE OF TEXAS COUNTY OF HARRIS Before me, appeared in Permit Number: CITY OF BAYTOWN RICHARD L. DAVIS, City Manager , the undersigned notary public, his/her capacity as on behalf of such corporation on this day personally of known to me; proved to me on the oath of ; or proved to me through his/her current {description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person} (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 200_ Notary Public in and for the State of Texas c:1kDL'4\emagencymgmt\Pamittalndannity.Agronnent Indemnity Agreement, Page 3 Exhibit "B" 'EN PROJECT Exhibit "C" Pipeline Permit Number. P-17-03 CITY OF BAYTOWN PIPELINE PERMIT Permittee's Name: SBE Chemical Partners I LLC Address: City: State: Zip: 2800 Post Oak Blvd,Ste. 2600 Houston Texas 77056-2175 Reason for permit: X New Pipeline Adjustment, relocation, replacement, movement of an existing pipeline to a position greater than fifty (50) feet from its original position Pipeline Origin Point: 6926 E. Freeway, Baytown TX Pipeline Destination Point: 9300 Needlepoint Road Affected Public Ways: Points Pipeline Crosses Public Ways: Sjolander Road The points at which the pipeline will run or cross any Public Harris County Flood Control Way are depicted in Exhibit °B," which is attached hereto and Ditch incorporated herein for all intents and purposes. Description of Pipeline: The 4 -inch pipeline used to transport natural gas products, within the city limits and the ETJ. The pipeline will include a maximum operating pressure of 1480 PSI, The carrier pipe has an outside diameter of 4.500 inches and a wall thickness of 0.237 inches. This Pipeline Permit, issued by the Director of Engineering after having been approved by the City Council on the 23'd day of February 2017, grants Permittee the privilege to construct, operate, repair, and maintain the proposed pipeline described in and in accordance with Permittee's application, filed with the Director of Engineering. The issuance of this Pipeline Permit is expressly contingent upon Permittee's compliance with the applicable standards required by all applicable federal, state and local laws as well as the regulations contained in Article V of Chapter 34 of the Code of Ordinances of the City of Baytown, Texas, which are incorporated herein by this reference for all intents and purposes. Furthermore, in consideration of granting this Pipeline Permit, Permittee has agreed to hold harmless and indemnify the City in accordance with Section 34-234 of the same. Such indemnity is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. This permit shall be valid for a period of thirty (30) years, commencing on the date of issuance indicated hereinbelow. Issued this the day of February 2017. Jose A. Pastrana, PE Director of Engineering FAKaten\Files\Frttergency Managentent\Pipeline Regulatory Fortes\lnvistaPipelinePeMiLdoc Exhibit "A" Permit Number: 1-'—(D3 INDEMNITY AGREEMENT STATE OF TEXAS COUNTY OF I-IARRIS For and in consideration of the City of Baytown issuing a permit in accordance with Chapter 34 " L"nvironmcnt," Article V "Hazardous Substances, Liquids and Gas Pipelines" oflhe Code of Ordinances ofthe City of Baytown, which consideration and sufficiency thereof is hereby acknowledged and received. SBE Chemical Partners I LLC . a corporation authorized to do business in the State of Texas. hereinafter "Permittee," hereby agrees as follows: PERMITTEE AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND, THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, COLLECTIVELY REFERRED TO AS "CITY," FROM AND AGAINST ANY AND ALL CLAINIS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIA131LITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR DAMAGE TO ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE CONSTRUCTION, MAINTENANCE, OPERATION, REPAIR, REPLACEMENT, ADJUSTMENT OR REMOVAL OF ANY PART OR ALL OF THE PIPELINE PERMITTED HEREIN, WHERE SUCH INJURIES, DEATHS OR DAMAGES ARE CAUSED I3Y THE CONCURRENT NEGLIGENCE OF THE CITY AND PERMITTEE AND/OR BY THE JOINT OR SOLE NEGLIGENCE OF THE PERMITTEE. IT IS THE EXPRESSED INTENTION OF TILE PARTIES HERETO, BOTH PERMITTEE AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS AN INDEMNITY BY PERMITTEE TO INDEMNIFY, PROTECT AND DEFEND THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE AND PERMITTEE'S NEGLIGENCE ARE CONCURRING CAUSES OF THE INJURY, DEATH OR DAMAGE; AND/OR (II) PERMITTEE'S JOINT AND SOLE NEGLIGENCE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. Indemnitv Agreement. Page I Permit Number: Failure of either party hereto to insist on the strict performance of any of the above -referenced ordinance requirements or of the indemnity contained hereinabove or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a %\giver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas. regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown. Harris County. Texas. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in Rill force and effect. The officers executing this Agreement on behalfofthe parties hereby represent that such officers have Nil authority to execute this Agreement and to bind the party he/she represents. SIGNED this Iday of IAURI BRIDGEN Notary Public. State of Texas My Commission Expires April 05, 2017 20_ PERMITTEE SBE Chemical Partners I LLC Company Name Notortl pub I I C, I h &d Q- Signator of Authorized Of cer Stat 5f- T -f. a -s Bengt Jarlsjo Printed Name Senior Vice President I itle Indemnitv Agreement. Nwe 2 Permit Number: CITY OF BAYTOWN RICHARD L. DAVIS, City Manager ATTEST: LETICIA BRYSCH, City Clerk STATE OF TEXAS § COUNTY OF HARRIS § Before me, , the undersigned notary public, on this day personally appeared in his/her capacity as of on behalf of such corporation known to me; proved to me on the oath of ; or proved to me through his/her current (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (Check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 200_ Notary Public in and for the State of Texas c:\klld4�onergencymgmt\Pamittalndennity.Agrcanmt Indemnity Agreement, Page 3 M III-olmoo- it 5 1 t Z M a O Zch i F. rn , co) ~' r � 3 a gaowlors l Ou PA ,i i tfi 1 1 --I "-"k -i O may° J ySTq PRG �N• W � � J o - sHa�o •.�, ,p I RAVEN PROJECT � �w�i� i v,i�}'L