Loading...
HomeMy WebLinkAboutPermit for Natural Gas Pipeline Encroachment Augusta Richmond GA DOCUMENTNAME:Ve.~M 11" ~O~ NIt1'()RRL ~AS ~lpeUN6'" B NCf<.o,tq eN /11 t::I\JT DOCUMENT TYPE: YEAR: d-~03 BOX NUMBER: 1)5 FILE NUMBER: 1l.e '7 S- 8" NUMBER OF PAGES: \ d- " Book 00851 :0377 Augusta - Richmond Gounty 200301318704/211200316:tO:36,01 . $28.00 AGREEMENT 111111111111 1111I11111/1111111111111I11111111111111I11111111 2003013187 Augusta - Richmond County ~" '. '> Upon recording, please return to: ~.:. David C. Jones Kilpatrick Stockton LLP 699 Broad Street, Suite 1400 Augusta, Georgia 30901 ,. STATE OF GEORGIA COUNTY OF RICHMOND PERMIT FOR NATURAL GAS PIPELINE ENCROACHMENT THIS PERMIT FOR NATURAL GAS PIPELINE ENCROACHMENT (the "Permit") is entered into as of this ~ day of 1>7 tLA l"A_/ , 2003, by and between Augusta, Georgia ("Augusta") and DSM Chemicals North America, Inc., a corporation organized and existing under the laws of the State of Delaware ("DCNA"). WHEREAS, Augusta is the owner of those certain tracts or parcels of land located in Richmond County, Georgia which make up that public right-of-way known as "Columbia Nitrogen Driye"; WHEREAS, DCNA is the owner of certain tracts or parcels of land located III Richmond County, Georgia ("DCNA's Property"); WHEREAS, DCNA desires to install, construct and maintain a natural gas pipeline (the "Pipeline") for the purposes of transporting and delivering natural gas and other materials to DCNA's Property under a portion of Columbia Nitrogen Drive in Augusta, Richmond County, Georgia, as more specifically described on Exhibit "A" attached hereto (the "Encroachment Area"), subject to the conditions set forth in those certain Easements from Columbia Nitrogen, Inc. to Richmond County, dated April 20, 1978, filed for record AUGLffiOJ 60978.3 1 Book 00851 :0378 Augusta - ~ichmond County 2003013187 04/21/2003 16: 1 0:36.01 June 13, 1978 and recorded in Realty Real 94, Page 876 and from Georgia Power Company to Richmond County, Georgia, dated November 17, 1965, filed for record December 2, 1965 and recorded in Deed Book 32E, Page 15 in the Office of the Clerk of Superior Court of Richmond County, Georgia. (the "Easements"); and WHEREAS, Augusta desires to grant DCNA a permit to encroach in, upon, over, under, through and across the Encroachment Area as set forth herein; NOW, THEREFORE, for and in consideration of the mutual premises and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Permit. Augusta does hereby grant DCNA, and the successors, legal representatives and assigns of DCNA, a permit to encroach upon, over, under, through and across the Encroachment Area for the purpose of constructing, installing, monitoring, accessing, operating, maintaining, repairing and replacing the Pipeline and other related equipment and facilities. Nothing contained in this Permit shall ever be held or construed to confer upon DCNA, its successors and/or assigns, exclusive rights or privileges of any nature whatsoever in the Encroachment Area. 2. Term. This Permit shall be valid for a period of one (1) year from the date hereof. This Permit shall automatically be renewed for additional terms of one (1) year each unless notice of the intent to cancel is provided by DCNA to Augusta no later than sixty (60) days prior to expiration of the then-current term. 3. Conditions of Permit. a. Prior to the construction and installation of the Pipeline across the Encroachment Area, DCNA shall obtain from the Augusta Public Works Department and the Augusta License & Inspection Department such permits which are required by Augusta for the construction and installation of the Pipeline. All construction allowed under this Permit shall be accomplished under the supervision and direction of the Augusta Public Works Department, or such other offices as Augusta may designate. b. During the construction, installation, maintenance, repair, replacement I or removal of the Pipeline, DCNA shall (i) not unnecessarily obstruct or impair traffic, (ii); provide safe passageway for pedestrians and vehicles through, in and around the I Encroachment Area or (iii) not shut down the Encroachment Area to traffic unless DCNA provides Augusta with five days prior notice. DCNA shall meet all local and State requirements for traffic control and notify Augusta at least 24 hours prior to the construction, ! 2 AUGLffiOJ 60978.3 " Book 00851 :0379 Augl:Jsta - Richmond County 2003013187 '04/21i2003 16:10:36.01 installation, maintenance, repair, replacement or removal of the Pipeline, unless such would not obstruct or impair traffic across the Encroachment Area. c. Prior to the construCtion and installation of the Pipeline across the Encroachment Area, DCNA shall file with the Augusta-Richmond County Engineering Department (i) true and correct maps or plats of the Encroachment Area, and (ii) design drawings or plans of the Pipeline. d. DCNA shall keep Augusta fully informed as to all matters in connection with or affecting the construction, reconstruction, removal, maintenance, operation and repair of the Pipeline installed hereunder. DCNA shall report to Augusta such other information relating to DCNA as Augusta may consider useful. Augusta may at any time make inquiries pertaining to DCNA's operation of the Pipeline. DCNA shall respond to such inquiries on a timely basis. e. If, at any time during the term of this Permit or any extension thereof, Augusta shall lawfully elect to expand the size of Columbia Nitrogen Road in Augusta, Georgia, DCNA, upon reasonable written notice from Augusta, shall relocate the Pipeline as necessary for such expansion at its own expense and within reasonable time schedules agreed to by DCNA and Augusta. However, such expansion of Columbia Nitrogen Road by Augusta shall not impair the ability of DCNA to maintain the Pipeline, given a relocation, nor otherwise render the Permit futile or functionally invalid. 4. Fee. In consideration of Augusta granting this Permit, DCNA shall pay Augusta the sum of $5.00 per linear foot of the Pipeline which crosses the Encroachment Area. Such fee shall be payable to Augusta, Georgia and delivered to the address specified in paragraph 9. Such fee shall be paid annually for each renewal of this Permit. 5. Maintenance of Pipeline. DCNA shall install and maintain the Pipeline in accordance with the requirements of applicable law. DCNA shall at all times keep and maintain the Pipeline in a safe, operating condition and in good order and repair. 6. Liability and Indemnification. a. By acceptance of this Permit, DCNA agrees that it shall indemnify, I protect and hold forever harmless Augusta, its elected officials, officers, agents, I representatives and employees, and their successors, legal representatives and assigns, from any and all claims of every kind and nature whatsoever, and from liabilities, losses, costs, judgments, penalties, damages and expenses, including reasonable attorney's fees and i expenses of litigation incurred in the defense of any such claim arising out of or relating to I I 3 AUGLIBOI60978.3 " Book 00851 :0380 Augusta - Richmond County 200301318704/2172003 16:10:36.01 the installation, operation or maintenance by DCNA of the Pipeline across the Encroachment Area or DCNA's failure to perform any of the obligations of this Permit, including, but not limited to, claims for injury or death to any person or persons, or damages to any property, as may be incurred by or asserted against Augusta, its elected officials, officers, agents, representatives and/or employees, directly or indirectly, by reason of the installation, operation or maintenance by DCNA of the Pipeline across the Encroachment Area, except for those claims or portions of claims that arise out of the negligence or willful misconduct of Augusta. DCNA agrees that it will pay all damages and penalties which Augusta may legally be required to pay as a result of installation, operation or maintenance by DCNA of the Pipeline across the Encroachment Area or DCNA's failure to perform any of the obligations of this Permit. b. DCNA shall pay, and by its acceptance of this Permit, specifically agrees that it will pay, all expenses incurred by Augusta in defending itself with regard to all damages and penalties mentioned in subsection (a) above. These expenses shall include all out-of-pocket expenses, including reasonable attorneys fees and expenses of litigation. c. DCNA shall maintain, and by its acceptance of this Permit, specifically agrees that it will provide throughout the term of this Permit, workers compensation insurance in such amounts of coverage as required by the State of Georgia and liability insurance coverage with regard to all damages mentioned in subsections (a) and (b) above in the following minimum amounts: 1. General Liability Insurance - public liability including premises, products and completed operations. (a) Bodily illJUry liability $1,000,000 each person $2,000,000 each occurrence, (b) Property damage liability $1,000,000 each occurrence, or (c) In lieu of (a) and (b) above, bodily injury and property damage - $2,000,000 combined single limit. d. DCNA agrees that all insurance contracts providing any of the above required coverage will be issued by one or more insurance carriers duly authorized to do business in the State of Georgia and will contain the following required provisions: 4 AUGLlBOI 60978.3 Book 00851 :0381 Augusta - Richmond County 200301318794/211.2003 16:10:36.01 1. Augusta, its elected officials, officers, agents, employees and representatives shall be named as additional insureds (as the interests of each may appear) as to all applicable coverage; 2. All such contracts shall provide for thirty (30) days notice to Augusta prior to cancellation, revocation, nonrenewable or any material change and ten (10) days notice due to nonpayment of premiums; 3. All "deductible amounts" contained in all such contracts providing such insurance coverage shall not exceed Five Hundred Thousand ($500,000) dollars in the aggregate; and 4. The notice required by this Section shall be delivered to the person specified in Section (9) nine herein by certified mail, return receipt requested. e. The amount and conditions of said liability insurance may be increased upon sixty (60) days written notice by Augusta should Augusta reasonably determine that the protection afforded by such insurance is insufficient for the risk created by this Permit and mutually agreed to by DCNA and such acceptance shall not be unreasonably withheld. At no time, however, will any such increase in the amount of required liability insurance exceed that which is customarily required of other franchises, contractors, permittees or persons for similar situations of risk. f. DCNA shall furnish Augusta at least annually (and at such other times as may be reasonably required by Augusta) a certificate of insurance providing such insurance coverage certifying that such coverage is in full force and effect. Such certificates shall be in such form as is reasonably approved by Augusta and shall contain a provision requiring not less than thirty (30) days notice to Augusta prior to cancellation, non-renewal or any material change and ten (10) days notice due to nonpayment of premium. 7. Right to Revoke Permit. a. DCNA shall at all times comply with all reasonable requirements, regulations, laws and ordinances now in force, and which may hereafter be adopted by Augusta and be applicable to the construction, repair or maintenance of the Pipeline or encroachment upon Augusta-owned rights-of-way. Failure of DCNA to comply with any of the terms of this Permit or failure to pay the fees prescribed by this Permit shall be cause for Augusta to revoke this Permit. Without limiting the generality of the foregoing, Augusta also reserves the right to terminate and cancel this Permit and all rights and privileges of the DCNA hereunder in the event that DCNA: (1) becomes insolvent, unable or unwilling to 5 AUGLIBOl 60978.3 Book 00851 :0382 Augusta - Richmond County 200301318704/21/2003 16:10:36.01 pay its legal debts, or is adjudged a bankrupt; (2) attempts to evade any of the provisions of this Permit; or (3) practices any fraud or deceit upon Augusta. b. Augusta's right to revoke this Permit may be exercised only after written notice of default and a thirty (30) day period for DCNA to cure such default; provided, however, if such default is not capable of cure within such thirty (30) day period and if DCNA is proceeding with diligence to cure such default, such thirty (30) day period shall be extended as reasonably necessary to allow DCNA to cure such default; provided, further, that the cure period for any act of default involving the payment of money or failing to provide any insurance coverage required shall be five (5) business days. The right is hereby reserved to Augusta to adopt, in addition to the provisions contained herein and in existing applicable ordinances, such additional regulations of general application to all similarly situated permittees or persons as it shall fmd necessary in the exercise of its police power; provided, that such regulations, by ordinance or otherwise, shall be reasonable and not in conflict with the rights herein granted. 8. Assignment or Transfer of Permit. DCNA shall not assign or transfer this Pem1it to another person without the prior written approval of Augusta; provided, however, DCNA may assign or transfer this Permit without the prior written approval of Augusta to (i) any affiliate of DCNA, or (ii) any lender as collateral to secure any financing provided to DCNA; provided, however, that no such assignment or transfer shall be effective until DCNA notifies Augusta of such assignment or transfer, which notice shall include the name and address of the assignee. In the event DCNA assigns or transfers this Permit to any lender, Augusta agrees to execute any consents to such assignment as may be reasonably requested by DCNA and, upon serving DCNA any notice required hereunder, to serve a copy of such notice upon each lender at the address referred to in DCNA's notice to Augusta of such assignment. 9. Notice. For the purpose of giving notice as provided for in this Permit, the following addresses are provided: Augusta: Augusta-Richmond County Commission Eighth Floor, Municipal Bldg (11) 530 Greene Street, Augusta, Georgia 30911 Attention: Administrator 6 AUGLffiOI60978.3 Book 00851 :0383 Augusta - Richmond County 2003013187 04/21/2003 '16: 1 0:36.01 DCNA: DSM Chemicals North America, Inc. Attn: .President P.O. Box 2451 Augusta, Georgia 30901 Unless Augusta is notified in writing to the contrary, the placing of notices in the United States Mail addressed to DCNA as set forth above by registered or certified mail, return receipt requested, shall constitute compliance with the provisions of this Section. 10. Consent. The parties hereto acknowledge that the Pipeline will cross under areas of land subject to the Easements. Augusta hereby consents to DCNA installing, constructing and maintaining the Pipeline across the areas of land subject to the Easements; provided, however, that the parties hereto agree that such consent shall in no way affect Augusta's interests arid rights under the Easements and that DCNA shall not interfere with Augusta's interests and rights under the Easements. 11. Miscellaneous. If any section, subsection, sentence, clause, phrase or portion of this Permit is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, independent, and severable provision and such holding shall not affect the validity of the remaining portions hereof. This Permit shall be interpreted and construed in accordance with the laws of the State of Georgia. All claims, disputes and other matters in question between DCNA and Augusta arising out of or relating to this Permit, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. DCNA, by accepting this Permit, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. The headings of particular provisions of this Permit are inserted for convenience only and shall not be construed as a part of this Permit or serve as a limitation or expansion on the scope of any term or provision of this Permit. [Signatures begin on next page] 7 AUGLIBOl 60978.3 Book 00851 :0384 Augusta - Richmond County 200301318704/21/20031'6:10:36.01 IN WITNESS WHEREOF, the parties have entered into this Permit as of the date and year fIrst above written. Signed, sealed and delivered in the presence AUGUSTA, GEORGIA of: /!;> ,d~ fL} tfl1 ~ ~ Unoff1ci~ oWitness r ",II,. \~..,.'. fl'. i ~~;r~/~')~}j '1vJ~', -"':) ~,. < '.. :. c-NotW':Y P lC ,: '<: : "r',. ""U8~ \ v:c:~.: " '=',... . ;'.'<,!,,' .,~ ^;' Notary Publk:, Columbia County, GeorgI!) 'My t~~~S:i9n"'expires: My Commission Expires Aug, 1, :woe crBY~ , Name: Bob Y oun Title: Mayo Attest: '~', . -;;-) ". '....... [SEAD1~,>'. :';' :, "(j!:;!,':Ji:~ . . :, . ......:r '-'." '_ . ,I,.. ..', Signed, sealed and delivered in the presence of: DSM CHEMICALS NORTH AMERICA, INC. UnoffIcial Witness By: Name: Title: Notary Public [SEAL] My commission expires: 8 AUGLIBOl 60978.3 0~/~4/03 13:56 FAX 706 722 0219 KILPATRICK STOCK li!J Ul.U Book 00851 :0385 Augusta - Rich"mond County 2003013187 04/21/2003 16: 10:36.01 IN WITNESS WHEREOF, the parties have entered into this Permit as of the date and year first above written. Signed, sealed and delivered in the presence AUGUSTA, GEORGIA of: #)tf~j ILJ lfJ(d~~~ U~9ffic! Wi~ness crBY~ .' Name: Bob Y oun Title: Mayo , -.. . . j''jj; ~ i) '1Yi~', :, ~ot~!. ,1.~ _-: i ., - - ~ " "'_ ~ - - - ,-', './ NotarY Public, Columbia County, GeorgJ~ M~_commiss~9Ir' expires: My Commission Expires Aug. 1. 200e Attest: -. ~. [SEAtl. ................. - Signed, sealed and delivered in the presence of: DSM CHEMICALS NORTH AMERICA, INC. ~.~~ Un ffl ial Witness ...~ t!. ~~ ," ";}~., 'OttttY... ", ~ . . :' c." . _~....-^'" . '. tit .:. . ._~. '/1R' , [ it MY.E.,o~si~'1 expires: ax. I~ ~IYJ~/ . C'l';"" . .. - T : Ct . f-'U . ro. 1 i: '0 (' ", D i.J v .. ~ ::. ..... (" ".. ... ~ . ,I ' ... -"-. ~ \. I~ '."'.tQ..O. ~-....... ...,...... .." 14 CD'\J\~ .... '. ...... By: f2.?rf. '#i Name: R'C:J-/~C. Ii Title: VIce f>~Es I~ EJJr MA"'l.iFAC"TuR~~ [SEAL] 8 AUGUBOI6097i.3 . . Book 00851 :0386 Augusta - Richmond County 200301318704/21/2003 16:10:36.01 EXHIBIT "A" Encroachment Area ALL THAT TRACT OR PARCEL of land lying and being in the City of Augusta, in the 86th G.M.D., Richmond County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF. BEGINNING of the tract of land herein described, commence at the intersection of the western right-of-way line of Columbia Nitrogen Drive (a/k/a C.R. #683) (60-foot right-of-way) with the southern right-of- way line of County Road #1028; running thence southwesterly along said right-of- way line of Columbia Nitrogen Drive, and following the curvature thereof, a distance of 2,694.33 feet to a point, said point being the TRUE POINT OF BEGINNING of a strip of land twenty (20) feet in width, said strip having boundaries lying ten (10) feet on each side of a centerline which is described as follows: FROM THE TRUE POINT OF BEGINNING thus established, running thence north 90 degrees 00 minutes 00 seconds east, and leaving the western right-of-way line of Columbia Nitrogen Drive, a distance of 60.00 feet to a point located on the eastern right-of-way line of Columbia Nitrogen Drive, said point being the termination of the above-described line; according to Easement Map for "DSM Chemical," dated December 10, 2002, last revised January 28, 2003, prepared by Cranston, Robertson & Whitehurst, P.e., under the seal of John Thomas Attaway, Georgia Registered Land Surveyor No. 2512; said tract of land containing 1,200 square feet according to said survey, which survey is incorporated herein and is recorded in the Clerks Office of the Superior Court of Richmond County, Georgia in Realty Reel ~, Page :376. Filed in this office: Augusta - Richmond County 04!211200316:10:36.01 Elaine C. Johnson R'chmond County A gusta - I Book 00851 :0376 f2.~316:10:36.00 200301318604(21 \!~~!~i!!"!~!!~~~ ~.---- ~...- . ------ - ( ~. . ..... ' .... - - .. ,'r-..' "DRIVE -~ ~. -. ~~'A' 'NIT -:"'ROG~'''R'/YI ~.........--- . .., " COLU~8 683) 60. . /..;0.... ,-q'" rY WALK~ (C.~. ,./ . ,-...- ~ ~_-. ,... . oHP -coUNi'< ,- -:-W-R W --- I ---z69~o '02B.,-.1~~!).: .-c " I ..'. .' ~ ~ ~ ',.j 'j'1:.:" RA1LROAD ,." ~ N/F C;~ R/W , ------ ----- --- QHP -- -- --- ,- "..- 4 -". "1 _ - :'p'-"-:1 ~~'1 ..' ~~ .- ." . '.\.' -:.;. O\'IP oHP OHP o ~O c: . :J<O 0("') U .. -00 c: ~ o .. ECO .c ~ u ,- ("') Ofo ClIO -N ~- Ol~ ::IN <(- ~ NO COCO ~a:> o~ .;...:("') It)~ ~O 0("') ~o 00 SN " 1 I 1 {S: I /1 ? .~ P I~ (j "J..... j"1 .~S ,t'/ '-~ <5 .<:) ~o/ I<t; f .it $' Ii: !iJ1 "~ & ltfJ <l..Q?1 .~ IQ.. 1 DSM CHEMICAL - TECHNICAL DA TA - DATE OF SURVEY - SEPTEMBER 2002 EQUIPMENT USED - THEODOLITE & LD.M, . ANGULAR PRECISION - 15" PER ANGLE FIELD PRECISION- 1 IN 7,500 PLAT CLOSURE - 1 in N/A COMPASS ADJUSTMENT Filed in this office: Augusta - Richmond County nd/21J2003 16:10:36.00 Elaine C. Johnson PROPERTY J PT '"A'" N= 1,899.5000 E=926.7223 PT · Fi N=I,899.5000 E=986.7239 PT "A"-"g" N9()"OO'OO"E 60.00' C riAT~ ,u..m:> PI 33 PLA1'~ IUD&" 0.. ;r o . .-' t" .:;. ,... _.- AREA 1,200 Sq. Fl. 1 y"' ------ .~ --- -" "'--- .,r -~... ..--.--~.. ~\t..\..-...., '^C,~ . '...,.-- -. ..' - RS LANE ~ --- ,-- OHP ~~ -- r t" , -. .,~. "j' ~.~-t..=~c"J,.,.'~' '1 .( - - ~ . 'l.:,l. ,~--,. 7.:- ,-;- f. ' .' ~:'J-'- /) OI-lP O\'IP III OI-lP . POWER 150' GEORG~SEMEN1 COMP"''f Of-Wt-Y) Ot-\P (RIGH - OHP 1 1 GENERAL CHEMICALS PARCH "D" i\PPROVI::D ~:... _iL~i{ Datf' "2./ { '10.3 ~ r (ff. I~ Iitva BY AUTHOi'''TY OF AUGU3TA-R:CI::"Or'i!l COUNTY PU\NNING CO;l.jdiSSION NOTE: COORDINATES SHOWN ARE BASED ON THE DSM PLANT GRID. REFERENCES: 1. PLAT FOR COLUMBIA NITROGEN CORPORATION BY CRANSTON, ROBERTSON & WHITEHURST, P.C, DATED OCT. 13, 1986, LAST REVISED 9/14/89. 2. MAP OF GEORGIA POWER EAST AUGUSTA SUB STATION BY RICHARD LOO RLS # 2129 DATED JAN, 26, 1981. 3. PLAT FOR MERRY COMPANIES, INC, BY SWIFT-GREGG ASSOC" DATED JUNE 25, 1970, 4. TOPOGRAPHIC SURVEY FOR DSM CHEMICALS BY BESSON & GORE DATED 1/17/97, LAST REVISED 10/15/97. 5. LEASE EXHIBIT 1.01 FOR AUGUSTA ENERGY LLC, AUGUSTA ENERGY CENTER DATED JUNE 15, 2000. LAST REVISED MAY 17. 2001, EASEMENT MAP .. FOR DSM CHEM1C.AL LOCATED I N THE 8 6 t h. G. M. D. AUGUSTA , RICHMOND COUNTY, GEORGIA DECEMBER 10, 2002 SCALE : 1" = 50' 50 I 25 0 II SCALE IN 100 I REV, 1-28-03 50 I FEE T PRE PAR E D B Y Cranston, Robertson & Whitehurst, P.C. 452 ELLIS STREET ENGINEERS P.O, DRAWER 2546 PLANNERS (706) 722-1588 AUGUSTA, GEORGIA 30903 SURVEYORS 02-364 EASEMENT MAP ;.: :+,~ ~j' '~../'f....-,"-"~- ::.: .--_(~- ;r~:>-_:-, ;-~,:--'r5_ -' ',; ,.,:~-- . ~.1',-.~.,"- - ~..~;:~:-:-~- ~~_-:'-:":j< ':. Y,:' ~7"_~";-:~-.:- .~.. _.-'-,:-;7 -r' --;' ~ ..'.:: ~_ ;~~ ~'''-__;''',>'...-.,. ;,. r.-l':>i?<",,~~t ~:-,":" :~'-~~.::~ :-<; ~~-;_:,~'-r:~';'";;_~::~~'..T";~~}-_~':'."',.;: , :""'0'.' """':~ .M"A'D:S H"";'/"'h :''',:",' ""t:;:.,.,:~"C... J:,:J~:' ",-,:>C E'RilFIC:ATE:()f~;''fNSlj;RA~n:}E':: ~!7~'! CERTIFICATE NUMBER ~~':~.,~'- ~:: '.~'~";. '~'i'~;~~',~~~~~~~;b.:;i;~~.~t~~;'~'~:~:";:,:;-'-~~;LS~;:~-:',.: :~~..-~- __<". :--_.~<,; ~~.~.::~, -~'~>~'~~~"~'_~-~-i, ":~'i~':';""~'~(' - ~--..~~'::.:~.'~~r1:i~t ATL-Q00823470-01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION OtlLY AND CONFERS MARSH USA, INC, NO RIGHTS UPON THE CERTIFICATE HOLDER O.THER 1'HA~ THOSE PROVIDED IN THE ATTN: NADINE PARKER POLICY, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 3475 PIEDMONT ROAD, N.E., SUITE 1200 AFFORDED BY THE POUCIES DESCRIBED HEREIN, ATLANTA, GA 30305 PHONE: 404-995-2708 FAX: 404-760-5753 J 07069-CH EM-P &G L -02 -03 COMPANIES AFFORDING COVERAGE . COMPANY A ZURICH AMERICAN INSURANCE COMPANY INSURED DSM CHEMICALS NORTH AMERICA, INC, ATTN: ROBERTO BOSCIO P,O, BOX 2451 AUGUSTA, GA 30903 COMPANY B NIA COMPANY C COMPANY D I.'.GO~'R~GE$: '~ : _~ ~ ~ ""', ~~~; p '; :i::::~ ~~:.;'~~;fu. ''''. -',' , ~, ~: ~F:'-:-~':':"), .~ ~~: ~- -t4~,. ~~ _~',n.~: ", -~ ..~:_ 4'~~,~:~f~~.,r::7,t~I~_?ijLi'~' .<~:~7r~:~~ ':7tt~~T~~ :~.A :">::3:~.~f~\.': THIS IS TO CERTIFY THAT POLICIES OF INSUR<>.NCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDmONSAND EXCLUSIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ' . CO LTR TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POUCY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) UMITS A GENERAL UABlUTY X COMMERCIAL GENERAL LIABILITY GLC2245694-04 i ~. X I CLAIMS MADE D OCCUR '-- OWNER'S & CONTRACTOR'S PROT GENERAL AGGREGATE $ PRODUCTS. COMP/OP AGG $ $ $ $ $ $ EACH OCCURRENCE FIRE DAMAGE (Anv one fire) MED EXP CArrY one person) 10,000,000 10,000,000 10,000,000 10,000,000 50,000 06/01/02 06/01/03 PERSONAL & ADV INJURY AUTOMOBILE UABIUTY - _ ANY AUTO _ ALL OWNED AUTOS _ SCHEDULED AUTOS _ HIRED AUTOS _ NON-OWNED AUTOS COMBINED SINGLE UMIT BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ GARAGE UABlUTY - _ ANY AUTO - AUTO ONLY. EA ACCIDENT $ OTHER THAN AUTO ONLY: -;'c,t>1!I~i~;~ii:\.~:r,~.~~, EXCESS UABIUTY R UMBRELLA FORM . OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' UABIUTY AGGREGATE EACH OCCURRENCE EACH ACCIDENT $ $ $ $ $ AGGREGATE THE PROPRIETOR! PARTNERSlEXECUTIVE OFFICERS ARE: ,UIHt:K RINCL EXCL I I IO.:!'!," -,,-,....,-. .... -..,' ;,:. TORY LIMITS ER ,,(:;:\ ~t" <~' ~<~ >- "; EL EACH ACCIOENT $ EL DISEASE.POLlCY LIMIT $ EL DISEASE. EACH EMPLOYEE $ DESCRIPTION OF OPERATIONSCLOCATlONSNEHICLES/SPECIAL ITEMS ' RE: NATURAL GAS PIPELINE ENCROACHMENT I AUGUSTA-RICHMOND COUNTY COMMISSION, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES AREI! INCLUDED AS ADDITIONAL INSUREDS FOR LIABILITY COVERED BY THE POLICY BUT ONLY WITH RESPECT TO THE NAMED INSURED'S . OPERATIONS, WORK, OR FACILITIES OWNEiJ OR USED BY THE NAMED INSURED AS REQUIRED BY WRITTEN CONTRACT, J:~]Jt~;E~~~~Q.ID[~-,:~\;~1(.~:;'-;;:~8~:~:.:?;~;:Jd:~nt~i&i.:~fji~fiI~;~'}-&:;J~~C~,5~.!:Jg~-:C2;jf2:~~<kji:R>!.2>Z~:TIE0;~~i~j:.:,i)~'f~~(;~;~;~t~ SHOULO ANY OF niE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE niE EXPIRATION DATE niEREOF, I Tl-iE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL -3.0 DAYS WRITTEN NOTICE TO niE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR AUGUSTA-RICHMOND COUNTY COMMISSION ATTN: JAMES B, WALL CITY ATTORNEY P,O, BOX 2125 AUGUSTA, GA 30903 LIABILITY OF ANY KIND UPON niE INSURER AFFORDING COVERAGE, ITS AGENTS OR REPRESENTATlVES, OR Tl-iE ISSUER OF nilS CERTIFICATE. :,;,':.}j~:E;(~~{~:', . ~.6. ;??-,,~ '~-;-"f .' ~..l ".~'~-.' .; ~ ,IH. :- -~.'" ........s~) ~1..~i;:'" c."~ ~_I1t.. ..........M.M~'1..~(~310-2\. ~...~~ ~,'~ ~.... :(-~' ::-r":Of "~r r~ -~"""'-~-----~J"::"0-5/'1"21"-0-3-' "<":',"_..',,,.;,.1,,,, -,"":"~''''.;,;~.,'':1<,;;:,,,,,,.;;....;1.~,., ':~.,,'-. ' "~"i<;,(,~~;",,,;~_,,,,-,~:,,,,,:;,;,..:' VALlDASOF:~i .;;~I.'~ ' .'~-\ ~~~ ,-.'~:; ,~ l'~.r: ;:~/J;..,:::;~,~~~~(~:.~l~"",1::~ ';fi. ~ ~-:~:." /~..~, ;~~' .t...;.~~f:;j.:i:~~::":~,~:::'~ (':~!;J:.~' /,: ~;.:.:k~~ .~c':~~/:'~~:~~~~::'~d'~'~~:::~)+~'~;j;!;_/:'_r_:.:,~i:, "" ~ MARSH USA INC, BY: Margaret G, Middione " \~ - . '."