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HomeMy WebLinkAboutResolution - 611 - Contract - CDTC - CO2 Recovery Plant, Holly Ave Power Station - 09/25/1980ALA:pc. RESOLUTION 4611 - 9/25/80 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract with Carbon Dioxide Technology Corporation for construction of a Carbon Dioxide Recovery Plant which is attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 25th day of Se temb r ,1980. BIL MCALIST R, MAYOR ATTEST: Evelyn'Gaffga, City SeWery-Treasurer -APPROVED AS TO CONTENT: Carroll McDonald, Director of Electric Utilities Sales & Service APPROVED AS TO FORM: Angela Adang, Assistant City Attorney RESOLUTION 4611 - 9/25/80 PURCHASE AND SALE AGREEMENT CARBON DIOXIDE TECHNOLOGY CORPORATION "BUYER" AND CITY OF LUBBOCK "SELLER" AGREEMENT CARBON DIOXIDE TECHNOLOGY CORPORATION, a Texas corporation (the "Buyer") having its principal office at 11211 Katy Freeway, Suite 320, Houston, Texas 77079., the CITY OF LUBBOCK (the "Seller"), having its principal office at 916 Texas Avenue, Lubbock, Texas 79457, do hereby covenant and agree as follows: WHEREAS, Seller owns and operates the Holly Avenue Power Station (here- inafter referred to as "Holly Station"), located in Lubbock County, Texas, which produces stack gases containing approximately 10% carbon dioxide (some- times hereinafter "CO2") that are presently vented into the atmoshpere; AND WHEREAS, Buyer is desirous of constructing and operating a facility for the removal of carbon dioxide from these gases for use in various oil field operationslor for sale to its customers; AND WHEREAS Buyer desires to purchase a portion of Seller's stack gases which Buyer shall process for the removal of the CO2 gas and sell or utilize such CO2 for the recovery of crude oil or other purposes. NOW THEREFORE, in consideration of the covenants contained herein, Buyer agrees to purcha a stack gases from Seller and Seller agrees to sell such stack gases to B yer upon the following terms and conditions: 1. Term. This Agreement shall become effective on the date of execution and shall extend for a term of fifteen (15) years from and after the first day Buyer eceives stack gases from Seller; and shall continue from year to year thereafter; provided, however, that either party may terminate this Agreement effective as of the end of the fifteenth contract year or as of the end of any sub one hundred contract year by giving the other party not less than (180) days' prior written notice thereof. Buyer estimates (but does not represent) that it will require approximately eighteen (18) months to build a process plant at Holly Station before it will be in a position to receive stack gases from Seller. In the event that Seller's current production of stack gases shall be substantially curtailed or discontinued for any reason, including but not limited to compliance with state or federal legislation, the fifteen year term of this Agreement shall be reduced accordingly. 2. Cancellation By Buyer Or Seller. Buyer shall be entitled to cancel this Agreement upon thirty (30) days' written notice to Seller if Buyer deter- mines that it is technically or economically infeasible to remove and utilize the CO2 gas from the stack gases being purchased from Seller hereunder. Seller shall be entitled to cancel this Agreement upon thirty (30) days' written notice to Buyer should Seller for any reason substantially curtail or discontinue production of stack gas; or should Buyer's recovery operation substantially interfere with Seller's generating plant. Such notice shall specifically set forth Seller's grounds for termina- tion. Upon Buyer's receipt of Sellers written notice to terminate due to Buyer's interference with Seller's generating operations, Buyer shall have a reasonable period not to exceed thirty (30) days in which to cure said inter- ference to Seller's satisfaction. Any such cure will be at Buyer's expense. Seller shall be entitled to cancel this Agreement upon thirty (30) days' written notice to Buyer if Buyer has not begun construction of its Recovery Plant within one year from the execution of this agreement or has not commenced active operation of its Recovery Plant within three (3) years of the execution of this Agreement. 3. Material. The stack gases Seller will supply hereunder are produced as a by-product at Holly Station from the combustion of pipeline quality gas or #2 fuel oil. Seller shall use its best efforts in the operation of its -2- boilers at Holly Station to minimize the oxygen and NOX content in the stack gases; provided, however, that Seller shall incur no additional expenses in so doing. Buyer acknowledges that these stack gases are a by-product of Seller's boilers, and that Seller must operate these boilers as required for its primary function, to -wit: the generation of electrical power; and Seller shall not be obligated to alter its operation as a result of this Agreement. 4. Quantity. Seller estimates that it will have available for sale to Buyer sufficient quantities of stack gas for Buyer to recover the CO2 from a minimum of 50 Mega Watts of power generation from its Holly Station at least 80% of the time. It is understood that the stack gas which is the subject of this Agreement is a by-product of Seller's primary function, that Seller will make such stack gas available to Buyer hereunder only when Seller operates its boilers and that Seller shall have the unqualified right for reasons sufficient unto itself to curtail or discontinue production of stack gas at any time without incurring any liability to Seller. During the term of this Agreement, Seller shall not sell or otherwise make available stack gas from its. Holly Station Unit 1 or Unit 2 or any replacement unit to any purchaser other than Buyer. 5. Price. The price for the stack gas supplied hereunder shall be based on the tons of CO2 removed from Seller's stack gases and put into pipe- line for delivery to Buyer's recovery plant. Buyer shall pay Seller $1.50 per ton of 100% Carbon Dioxide generated by Seller's Boilers. For purpose of this Agreement, "ton" shall mean a short ton consisting of two thousand (2,000) pounds. The prices set herein are subject to re -negotiation anytime after the expiration of four years measured from the date Buyer first receives stack nil gases from Seller. Any deviation in the price as set herein shall be con- sistent with the reasonable market value of the product at the time of re- negotiation. Beginning January 1, 1981, and each succeeding January thereafter until such time as a re -negotiated price is agreed upon, the price set forth above shall be adjusted for inflation by multiplying same by a fraction, the numerator of which is the preliminary estimate of the implicit price deflator, for the first calendar quarter of the year in which the adjustments are being computed falls, seasonably adjusted, for the gross national product, as computed and published by the United States Department of Commerce, and the denominator of which is the preliminary estimate of the implicit price deflator, for the first calendar quarter of the year 1981, seasonally adjusted, for the gross national product, as computed and published by the United States Department of Commerce. The adjusted prices, as computed above, shall be rounded to the nearest cent. Currently, the above mentioned implicit price deflators are published in Survey of Current Business by the United States Department of Commerce, Bureau of Economic Analysis, and are found in the National Income and Product Tables at Table 19 Implicit Price Deflators for Gross National Product. Should this publication be discontinued, the appropriate publication issued by the United States Government setting forth such implicit price deflators shall be substituted therefore. 6. Land. (a) Seller agrees to lease to Buyer.a tract of land containing one and one-half (1I) acres, more or less, adjacent to Seller's boilers at Holly Station at a site and shape mutually agreeable to both parties together with such right-of-way and easements as may be necessary for ingress to and egress -4- from such tract (the "Lease Tract") for the construction, maintenance and operation of Buyer's facilities thereon and for the removal of CO2 and other processed materials therefrom; provided such right-of-ways and easements do not interfere with Seller's above or below grade operations. The Lease Tract. shall be used only for the building and operating.(at Buyer's sole expense) of a processing plant to remove carbon dioxide from Seller's stack gases and compress for pipeline delivery to Buyer's customers. (b) Seller agrees to lease the Lease Tract to Buyer for the consideration of $1,000.00 per year. (c) Buyer agrees to keep its Recovery Plant and all surrounding grounds well maintained and in good repair at all times in such a manner that Buyer's structures and grounds shall complement Seller's existing structures and grounds. (d) The term of the lease shall coincide with the term of this Agreement. Buyer shall have a period of one year after termination of this Agreement to remove machinery, fixtures, buildings, and other above and below ground struc- tures placed on the Lease Tract if required by Seller and restore property as appropriate. Seller shall have first option to purchase any machinery, fix- tures and buildings not removed by Buyer. Should any machinery, fixtures, buildings, etc. not be removed by Buyer within one year after termination of this Agreement, Seller may either have the same removed and assess the cost to the Buyer or Seller may take possession of such machinery, fixtures, buildings, etc. and such shall become the property of the Seller for all purposes. 7. Utilities, Construction and Maintenance of Carbon Dioxide Recovery Plant. (a) Seller shall sell electric power to Buyer in accordance with Seller's -5- appropriate rate schedule. (b) Buyer's plant does not require any steam or cooling water from Seller; however, Buyer desires to purchase any excess steam or cooling water that Seller may make available to Buyer. The price for the above shall be such amount that is mutually agreed upon. (c) Buyer agrees to cause the carbon dioxide recovery plant (the "Recovery Plant") to be constructed diligently and in a good and workmanlike manner upon the Lease Tract in accordance with good practices in the industry and in accordance with all applicable federal, state and local laws, rules and regulations. It is the intent of Buyer to commence construction of the plant within six (6) months of the date of this Agreement. Buyer agrees that the completed interfaced design and engineering of the Recovery Plant shall be approved by the Seller and by the manufacturers of Seller's major pieces of equipment. To evidence such approval, Buyer agrees to obtain, at its own expense, from the manufacturer of each substantial piece of equipment assurances satisfactory to Seller that the operations of the Recovery Plant as completed will not materially adversely affect the operability, reliability or effi- ciency of the equipment originally supplied by such manufacturer to Seller's generating station. Prior to Buyer's commencing any construction of the Recovery Plant, Buyer agrees to deliver the plans and specifications to Seller for its approval. In the event Seller does not approve Buyer's plans, Buyer may terminate this agreement and all obligations of Buyer hereunder shall be of no further force and effect. (d) Buyer agrees to install and maintain safety devices at all inter- connections between Seller's generating plant and Buyer's Recovery Plant, to assure and protect Seller's plant against any adverse effect which might result from but not limited to malfunctions, accidents and natural disasters in Buyer's recovery operations. Such safety devices are subject to inspection -6- by Seller and must be to Seller's satisfaction. (e) Buyer agrees to independently dispose of any waste water and any other waste generated by its Recovery Operations in accordance with state, federal, and local regulations. Buyer will not utilize Seller's waste water disposal system in any manner without obtaining seller's prior written consent thereto. 8. Delivery. The transmission of the stack gas from Seller's boilers at Holly Station shall be by,means of pipeline. Buyer shall install and maintain at its expense a pipeline and associated instrumentation from Seller's boiler stacks, more specifically down stream from Seller's main heat exchange unit, to Buyer's compressors':.located on the Lease Tract. Buyer may install and maintain at its expense a pipeline and associated instrumentation upstream from Seller's main heat exchange unit only after engineering studies and other assurances which Seller may request have been submitted to Seller and Seller gives its written consent thereto. This pipeline shall take stack gas at approximately atmospheric pressure and shall be designed not to interfere with the operation of Seller's boilers. 9. Terms of Payment. Buyer will furnish Seller on or before the fifteenth (15th) day of each month, a statement setting forth the quantities of carbon dioxide entering Buyer's Plant via pipeline during the immediately preceding calendar month. Buyer shall submit full payment of the above state- ments within fifteen (15) days from the date of invoices. Buyer, on request, shall furnish the flow measurement charts or records sufficient to verify the accuracy of the monthly statements, charges, and computations. 10. Measurement. Carbon dioxide quantities delivered hereunder shall be measured by a meter or meters located in the interconnecting pipeline or pipelines from Seller's boiler stacks to Buyer's recovery plant. Such meters -7- must be approved by Seller prior .to their installation. Seller may, at any reasonable time, request a recalibration of such meter and audit the records of such readings. Such check and audit shall be at Seller's expense unless the calibration or records are proven to be in error in an amount greater than two percent (2%), in which case, the expense for the test shall be borne by Buyer. If the aggregate error in the measuring devices is found on test to register not.more that two percent (2%) by weight high or low, they shall be deemed to be correct. If the aggregate error in these measuring devices is more than two percent (2%) high or low by weight, adjustments shall be made by applying the percentage of error to the volume involved during the time the metering equipment was out of calibration if this period can be ascertained. If the time when the metering equipment got out of calibration cannot be ascertained, then the percentage of error will be applied to the volume delivered for one-half of the time elapsed since the date of the last calibration. During the time any meter is out of repair or is being tested, or in the event of a sudden failure of any meter to register accurately for any period, within the two percent (2%) variation allowed herein, the weight of carbon dioxide transmitted shall be estimated until a new or repaired meter is installed, and adjustment and settlement shall be made at the regular monthly periods on the basis of the amount of carbon dioxide registered at like pressure for like periods of time when the meter was registering accurately. Buyer shall give Seller notice of the time of all tests of meters and appurtenant instruments sufficiently in advance of the holding of the tests so that Seller may conveniently have its representatives present. The charts and records from said measuring equipment shall be kept by Buyer on file for a period of not less than three (3) years. At any time within such three-year period, Buyer shall, upon request of Seller, submit to Seller records and charts from said measuring equipment, together with calcu- M-M lations therefrom, for Seller's inspection and verification subject to return by Seller within sixty (60) days after receipt thereof. It is further agreed that Seller shall be entitled to install (at and immediately downstream from such measuring equipment operated by Buyer) measuring equipment of standard type as will enable Seller to check the weight of carbon dioxide delivered to Buyer by Seller. If Seller has exercised its right of installing and operating check meters,,then, in the event and only in the event of failure of the meters operated by Buyer to register accurately at any time (allowing for the variations above mentioned), the registration of the meters of Seller, instead of the estimated quantities above provided for, shall be taken as the correct quantity of carbon dioxide delivered by Seller to Buyer provided that the meters of Seller are correct within the above variations) until such time as the meter or meters operated by Buyer shall be adjusted, repaired or replaced. 11. Modifications. Buyer agrees that any required modification in the main heat exchange unit required for Buyer's operation will be at the expense of Buyer. Further, such modification will be effected only after engineering studies and other assurances which Seller may request have been submitted to Seller and Seller is satisfied that its generating plant will not be adversely affected by such modification. Upon Seller's approval of said modification, Buyer agrees that the modification will be accomplished expediently and that any additional operating costs incurred by Seller as a result of the implementation of said modification will be at the expense of Buyer. Buyer further agrees that any modification in Seller's fan systems or any other modification which may be required as a result of Buyer's operation will be at the expense of Buyer. Buyer further agrees that Seller may stipulate to Buyer what specific modifications are required to avoid or eliminate any -9- adverse effect by Buyer's recovery operation on Seller's generating plant. The expenses for any modifications contemplated by the parties which would substantially reduce Seller's operating costs or work a substantial benefit to the Seller will be negotiable. 12. Title and Risk of Loss. Seller warrants that it has full and un- qualified title and authority to sell such stack gases upon the terms and con- ditions herein specified. Seller further agrees to warrant and forever defend unto Buyer the title to all stack gases delivered to Buyer hereunder. Title to and risk of loss of the stack gases shall pass from Seller to Buyer at the connection to Buyer's pipeline. 13. Force Majeure. In the event of either party hereto being rendered unable wholly or in part by force majeure to carry out its obligations under this agreement other than the obligation to make payment of amounts due here- under, it is agreed that upon such party's giving notice and reasonably full particulars of the force majeure event.in writing to the other parties hereto within reasonable time after the occurrence of the cause, then the obligations of the party giving notice, so far as they are affected by force majeure, shall be suspended during the continuance of any,inability so caused, but for no longer period; and the cause of the force majeure shall so far as possible be remedied with all reasonable dispatch. The term "Force Majeure" as employed in this Paragraph 13 shall mean strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockages, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, arrests and restraints of govern- ment and people, civil disturbances, explosions, breakage or accident to machinery or lines of pipe, freezing of lines of pipe, or any other causes, whether of the kind herein enumerated or otherwise, not reasonably within the -10- t control of the party claiming suspension. The term shall likewise include (a) in those instances where any party hereto is required to obtain servitudes, right-of-way grants, permits or licenses to enable it to fulfill its obliga- tions hereunder, the inability of the party to acquire, or the delays on the part of the.party in acquiring, at reasonable cost and after the exercise of reasonable diligence, the servitudes, right-of-way grants, permits or licenses, and (b) in those instances for the purpose of constructing or maintaining facilities to enable the party to fulfill its obligations hereunder, the inability of the party to acquire, or the delays on the part of the party in acquiring, at reasonable cost and after the exercise of reasonable diligence the materials and supplies, and the inability of the party to secure or the delays in securing, after the exercise of reasonable diligence, permission from any governmental agency to use materials and supplies which the party may have in its possession. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party against which such action is being asserted; and that.the above mentioned requirement that any force majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the party against which such action is being asserted. 14. Taxes. The Buyer shall reimburse Seller for all taxes, excises or other charges (other than taxes bases upon income) which the Seller may be re- quired to pay to any government (national, state or local) upon the sale, production, or transportation of the carbon dioxide .sold hereunder. In addition, the Buyer shall assume responsibility for the payment of all property taxes assessed against or on any and all improvements made by Buyer on the land leased from Seller; if such improvements are deemed by law exempt from such property taxes, then in such event Buyer shall pay to Seller in lieu of such -11- taxes an amount equal to the property taxes which would be assessed by the City of.Lubbock, Texas. 15. Warranty. Seller makes no warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose pertaining to its generation of stack gases. 16. Default. If either party hereto shall fail to perform any of the covenants or obligations imposed upon it under and by virtue.of this Agreement, the other party hereto may at its option terminate this Agreement by proceeding as follows: The party- not in default shall cause a written notice to be served on.the party in default, stating specifically the cause for terminating this Agreement and declaring it to be the intention of the party giving the notice to terminate the same; whereupon the party in default shall have thirty (30) days after the service of the aforesaid notice in which to remedy or remove the cause or causes stated in the notice for terminating the Agreement, and if, within said period of thirty (30) days, the party in default does so remedy or remove said cause or causes and fully indemnifies the party not in default for any and all consequences of such breach, then such notice shall be withdrawn and this Agreement shall continue in _full force and effect. In case the party in default does not so remedy or remove the cause or causes or does not indemnify the party giving the notice for any and all consequences of such breach within said thirty -day period, this Agreement, at the option of the party giving the notice, shall become null and void. Any cancellation of this Agreement pursuant to the provisions of this Paragraph 16 shall be without prejudice to the right of Seller to collect any amounts then due Seller for stack gas delivered prior to the time of can- cellation and shall be without.prejudice to the right of Buyer to receive any stack gas for which it has paid but has not received, although entitled thereto, prior to the time of cancellation, and without waiver or prejudice of any -12- remedy to which the party not in default may be entitled for breach of this Agreement. 17.. No Waiver of Default. No waiver of any breach of any covenant or provision of this Agreement shall be construed to be a waiver of any other or subsequent breach of the same or of any other convenant or provision. 18. Limitations of Liability and Claims. Buyer assumes all risk and liability resulting from the use of the stack gas delivered hereunder, whether used singly or in combination with other products. 19. Subject to Governmental Approval. This Agreement, insofar as it is affected thereby, shall be subject to all present and future valid laws of the United.._States,.and of the State of Texas and to the applicable present and future rules, regulations or dues of any regulatory agency or authority of the United States or said State, it being the intent of the parties, however, that to the extent that the provisions hereof are not subject to or affected by such laws, rules, regulations or orders, they shall.be and remain legally binding and effective between the parties. 20. Indemnity. Buyer agrees to indemnify Seller against, and save Seller harmless from any and all claims and demands which are asserted or es- tablished against Seller, its successors or assigns which are based upon or arise out of_any loss or damages suffered by Seller arising out of the activ- ities of Buyer as contemplated by this Agreement. Seller agrees to indemnify Buyer against, and save Buyer harmless from, any and all claims or demands which are asserted or established against Buyer, its successors or assigns which are based upon or arise out of any activities of Seller. Buyer agrees to indemnify Seller against any and all costs which Seller may incur as a result of Buyer's recovery operation, including but not limited to: additional fuel costs, damage to Seller's equipment, escalated wear and tear on Seller's equipment, and expense for re -locating underground water lines. -13- 21. Insurance. Buyer agrees to carry and maintain insurance with a liability limit of One Million Dollars ($1,000,000.00) in an insurance company licensed to do business in the State of.Texas to insure the Seller from damage to persons or property as a result of Buyer's operations, including but not limited to damage resulting from acts or omissions, negligence or otherwise of the Buyer or any of its agents,employees, or other persons. In addition, Buyer will carry and maintain Public Liability Insurance in companies licensed to do business in the State of Texas for the protection of the Seller and naming it as an insured p rty, insuring against all claims, losses, costs or expense arising out of �njuries to persons, damage to pro - perty whether resulting from acts or omisions, negligence or otherwise of the Lessee or any of its agents, employees, :atrons or other persons, and growing out of the use of the said premises by liability limit on account of each ac , such policies to provide for a resulting*in a bodily injury or death to one person of not less than One Hundred Thousand Dollars ($100,000.00), a liability limit on account of each acc dent resulting in a bodily injury or death to more than one person of not less than Three Hundred Thousand Dollars ($300,000.00), and a liability limit of Dollars ($100,000.00) for each accident Buyer shall furnish evidence to above said policies and said policies less than One Hundred Thousand property damage. of continuance in force of all be so worded as to insure ten (10) days notice of cancellation or any modifcation of such policy to the Seller. Said policies shall be subject to the ap roval of the Seller. 22. Fair Labor Standards Act. eller warrants that the stack gas delivered under this Agreement will have been produced in compliance with the Fair Labor Standards Act of 1938, as 23. Assignment. This Agreement duTR not be assignable by Buyer without the written consent of Seller, which consent shall not be unreasonably withheld. 24. Notices. All notices and reports to be rendered hereunder by Seller to Buyer shall be addressed as follows: Carbon Dioxide Technology Corporation 11211 Katy Freeway, Suite 320 Houston, Texas 77079 and all notices and reports to be given by Buyer to Seller shall be addressed as follows: City of Lubbock 916 Texas Avenue P.O. BOX 2000 Lubbock, Texas 79457 All notices to be given by either party to the other party pursuant to any of the terms of this Agreement shall be forwarded by registered or certified mail, return receipt requested, and shall be deemed to have been given upon the date of the mailing thereof as shown on the post office receipt. Either party may, at any time, direct in writing that particular notices or types of notices be delivered to specific designees other than those named herein. 25. General. This Agreement constitutes the entire Agreement for the sale and purchase of the material named herein. No modification of this Agreement shall be of any force or effect unless in writing and signed by. both parties. No modification shall be affected by the acknowledgment or accept- ance of purchase order forms containing different conditions. 26. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, excluding any conflicts of law, rule or principle which might refer such construction to the laws of another state.. -15- IN WITNESS WHEREOF, the parties have executed this Agreement this 25th day of September , 1980. ATTEST; Evelyn Gaffga, City'SgcrLlrj��-Treasurer APPROVED AS TO CONTENT: Carroll McDonald, Director of Electric Utilities Sales & Service APPROVED AS TO FORM: 4;�I � AKjelolxla� Angela A ams, Assistant City Attorney ATTEST: R. A. Mohun, Vice President i ISTER, MAYOR CARBON fIOXII,yL+ " SErLOGY CORP. -16- J Vrw"ti V<C V-41 W. R. Wiggins J President • .. NAME AND ADDRESS OF, AGENCY k?I I, COMPANIES AFFORDING COVERAGES Comiskey Insurance Agency, ;Inc. P. 0. Box 22751 COMPANY Houston,,Texas 77027 LETTER Fidelity & Casualty,Co. of New York 713/627-7810 COMPANY LETTER Th@ II Ha rtford NAME AND ADDRESS OF INSURED COMPANY C Carbon Dioxide Technology Corporation, LETTER Ch I ca o' Insurance Company 1 1 211 Katy ,Freeway, S u l to 320 I COMPANY ® � Houston, Teas 77079 COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition a I of any contract or'other document with respect to which this dertificatn may be issued or may pertain, the insurance afforded W the policies described herein is subject to all the terms, exclusions and conditions of such policies. i' ! COMPANYPOLICY LETTER TYPE OF INSURANCE POLICYIMUMBER EXPIRATION DATE : Limits of LiabilityThousands in Thousas i � EACH". AGGREGATE OCCURRENCE GENERAL LIABILITY A ®COMPREHENSIVE FORM BODILY INJURY$ 500 $ ® L2 99 91 37 5-6^81 PREMISES --OPERATIONS EXPLOSION AND COLLAPSE PROPERTY DAMAGE h $ 00 $ OU HAZARD ❑ HAZARD l UNDERGROUND PRODUCTS1comk; ETED � I OPERATIONS HAZARD CONTRACTUAL; INSURANCE I BODILY. INJURY AND p . PROPERTY DAMAGE E $ ® BROAD FORM PROPERTY -.. I COMBINED DAMAGE - INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ 500 with excl6slions,t t t t AUTOMOBILE !'LIABILITY BODILY INJURY (EAOHPERSON) 6,250 A © COMPREHENSIVE FORM L2 :99 91 37 5^6-81 BODILY INJURY $',500 OWNED (EACH ACCIDENT) [Q ELJ HIRED PROPERTY DAMAGE ! y,100 ® NON-0WNED BODILY, INJURY AND PROPERTY DAMAGE E COMBINED EXCESS LIABILITY C © UMBRELLA FORM 55000 a 7707 3!'30"8211 BODILY INJURY AND PROPERTY DAMAGE ; 0 000 $10,00 0 ❑ OTHERTHANUMBRELLA FORM COMBINED B WORKERS COMPENSATION I i I 46WZ56Q86$, ST�TUTORY III and 6-10-81 EMPLOYERS' LIABILITY 100 (EACH ACCIDENTI OTHER DESCRIPTION OF oPERATIONs&ocAT1ONS/VEHICLE$ Ip Re: Holly Avenue Power Station I j Cancellation. Should any of the above described''' policies be cancelled before the Il expiratipn]c�ate thereof the Issuing com- q Ipan, will endeavor to mail daysl wri�ten notice t0 the below named certificate holder, but fa to mail such notice shall impose no obligation or liability of any kind 1:0n ;the com an i' i KEY INSURANCE AGENCY, INN NAME AND ADDRESS OF CERTIFICATE HOLDER: i[ i C ilt Y of 'Lubbock DATE ISSUE h 91,6, lexa's Ave." Lubbo" I ` Teas 79457 �� w A!til Mr. lavICil Ree,gan i AUTHORIZED R ESENTATIVE ACORD 25 (1•79) s G i II��'V,Ii 1 • •.1 LIP • • ' • • • • • • . POLICY NUMBER - NAME AND 'ADDRESS OF AGENCY Um LSO Liability in OUSarI 5 EACH AGGREGATE Colrniskey InsIrance Agency, Inc. COMPANIES AFFORDING COVERAGES 3915 Essex Larne OCCURRENCE GENERAL LIABILITY P.O..Baas 22751 COMPANY n T ,, A n Holuston, Texas 77227, - ® LETTER Aetna Thsurance ClWpwW p 5-6-82 713/627-7810 _ E 500 500 LETTER Y B Lloyds Of Lon< COMPREHENSIVE FORM NAME AND ADDRESS OF INSURED /� COMPANY / _ WM �+ Carbon Dioxide Technology Corporation LETTER V Katy Freeway, 'Suite 320 COMPANY 1 D v11,,2,1,1 Houston, Texas 7 / 079 LETTER 17, PROPERTY DAMAGE $ $ 500" 500 COMPANY �r LETTER it N� This Is to certify that policies of insurance listed below have been issued to the insured named above and are In force at this time. Notwithstanding any req-toir of any contract or other document with to which this certificate may be issued or may the insurance afforded by the described he rm or condition ,respect terms. exclusions and conditions of such nolicies- ATott`ATt1en� pertain, policies ubject to all the COMPANY(000 LETTER TYPE OF INSURANCE POLICY NUMBER - POLICY EXPIRATION DATE Um LSO Liability in OUSarI 5 EACH AGGREGATE OCCURRENCE GENERAL LIABILITY A ® W 22 25 72 p 5-6-82 BODILY INJURY_ _ E 500 500 COMPREHENSIVE FORM WM p 8-1-83PREMISES-OPERATIONS to -1-83 EXPLOSION AND COLLAPSE PROPERTY DAMAGE $ $ 500" 500 HAZARD ❑ UNDERGROUND HAZARD ® PRODUCTS/COMPLETED HAZARD BODILY INJURY AND ®OPERATIONS CONTRACTUAL INSURANCE PROPERTY DAMAGE $ $ ® BROAD FORM PROPERTY COMBINED DAMAGE ®INDEPENDENT CONTRACTORS "W" & "C!' ® PERSONAL INJURY (excl ^, ions deleted) Broad Form 11 CGL-Indorsementu PERSONAL INJURY 00 AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ 250 �^ CG 22 25 72 5-6-82 A COMPREHENSIVE FORM BODILY INJURY $ 500 (EACH ACCIDENT) l�J OWNED 1LAaJ7 0�1-03 to 8 O HIRED PROPERTY DAMAGE f ® NON -OWNED BODILY INJURY AND _ PROPERTY DAMAGE COMBINED EXCESS LIABILITY B 13 UMBRELLA FORM -7 S-Z1O! 4 -30-82 to y�� BODILY INJURY AND 10,000 02iCeS: •�y 13 OTHER THAN UMBRELLA -1-83 PROPERTY DAMAGE s $ Of rL COMBINED FORM WORKERS' COMPENSATION A a WC OZ 29 ©4 ! 6-3-82O sTATUTORY _ - EMPLOYERSIIABILITY 8-1-83 s 5 'EACH00 ACC4OL� OTHER VCDCKI!'IAN9 Vr VrnNAnVN5/LOCATIONS/VEHICLES Cancellation: Should ,any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail . 10 days written notice to the b I �j' ,� ` l�p1d r �y Ity �o mail such notice shall impose no obligation or liability of any kind���Y. •t ��a�iY, IG. NAME AND ADDRESS OF CERTIFICATE HOLDER: city'of Lubbock 916 Texas'Avenue Lubbock, Texas 79457 Attn: ` 'Mr,' W. T. Wood DATE IS -E0 �, l/l70 AUTHOR]Z ATIVE i NAME AND ADDRESS OF AGENCY Camiskey. Insurance Agency, InC • COMPANIES AFFORDING COVERAGES- 3915 E,s�s'em Ime Bax' 22751 P.O.,. COMPANY A Aetna hns=ar= LETTER . IiIYS��, Texas 77227 $1 713/627-7810 COMPANY B LETTER '� NAME AND OF INSURED PANY w ■V_ ,A,,D�D,RESS L� � W1UtA1v,,uXluC TeL:IILW��,,��=� +,,,,,.,,,..,.At LEER 11211 Katy Preemy, Suite COMPANY .. Houston SEP SEN 8 -1982 LETTER Y E "AMENDED" This is to certify that oollcies of insurance listed below have been issued to the insured named above and are in forte at this time. L tens or condition of any contract or other document with respect to which this certificate may be Issued or may pertain, the insurance afforded by the polities es% herein is subject to all the tens, excluslons and conditions of such polkies. CLETERTV TYPE OFINSURANCE POLICY NUMBER EXPIRATION is DATE m o I n ousan s EACH AGGREGATE OCCURRENCE GENERAL LIABILITY A ® COMPREHENSIVE FORM CC 22 25 72 5-6-82 BODILY INJURY S 500 s 500 W ® to 8-1-83 PREMISES-OPERATIONS PROPERTY DAMAGE S /�/� s 500 500 EXH�IOON AND COLLAPSE RD UNDERGROUND HAZARD ® PRODUCTS/COMPLETED OPERATIONS HAZARD ® CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE t S ® BROAD FORM PROPERTY COMBINED DAMAGE ® INDEPENDENT CONTRACTORS PERSONAL INJURY (excl l` L/1611 Weted) PERSONAL INJURY Broad Fo2m CM semeat �OO AUTOMOBILE LIABILITY BODILY INJURY PERSON) $250 CG 22 25 72 5-6-82 (EACH COMPREHENSIVE FORM BODILY INJURY t 500 A f® klrJ OWNED O to 8-1-83 �� ACCIDENT) ®PROPERTY HIRED DAMAGE s BODILY INJURY AND BODILY MON-OWNED DAMAGE f COMBINED EXCESS LIABILITY B ® UMBRELLA FORM S-21074 q -30-82 to BODILY INJURY AND ,•�.�,., = 10,OW s EKcess p OTHERTHAN UMBRELLA -1-83 PROPERTY DAMAGE Of Privary FORM COMBINED WORKERS' COMPENSATION STATUTORY and ____ " VC 02 29 .04_ _ __ _ _ _ _ _6-3-82 EMPLOYERS'LIABILITY 8-1-83 ti 500 EACH ACCIOENTI OTHER DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES Cancellation: Should any of the above'described policies be cancelled- before the expiration date thereof, the issuing com- pany will endeavor to mail in days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. . COMISKEY INSURANCE AGENCY, INC. NAME ANO ADDRESS OF CERTIFK:ATE HOLDER: 82 City of Lubbock DATE UED 916 Texas Avenue , Lubbock, Texas 74457 Attn: Mr. W..T. WoodR REPRESENTATIVEV 1jdt1S1'lAl 11sure S ATTACHES 70 AND FORMS PART OF POLICY INDICATED BELOW INSURED KEY NO. TYPE OF COVERAGE CARBON DIIOXI0E TECH INC 868435 BR 1 05 PAGE NO. OF END NO. POLICY NO. POL. EFF. DATE i TERM EXP. DATE OF POLICY EFF. DATE THIS ENDT. 00056953 01/18/82 TIME 04/18/83 10/06/82 PARAGRAPH "E" OF P.D. REPLACEMENT COVERAGE ENDORSEMENT NOW READS: P.O. AMT. OF INS. CLAUSE NOW READS: 359000#000 ITEM — NOT APPLICABLErcEMz NOT APPLICABJ�&IONB 3590009000 NEW Oil ITEM I AMOUNT NEW BII ITEM X AMOUNT TERMINATION DATE OF BII AGREED AMOUNT ENDORSEMENT A.A. CLAUSE NOT IN FORCE IF THIS SPACE BLANK AMOUNTS IN AGREED AMOUNT ENDORSEMENT NOW READ GR69S EARNINGS THE FOLLOWING IS THE COMPUTATION OF THE PREMIUM FOR THIS TRANSACTION: , 4 ' 1 YEAR FILE LOC. COMB. NUMBER NO. CITY STATE CHANGE IN AMOUNT RATE PREMIUM NEW AMOUNT 868435 010 LUBBOCK TX 5#010000 .1000IF 29658.00 3590009000 R+R CHARGE TOTALS 590009000 1.00 2#659.00 35#000:001 R.D. LANDEN, Agent COMISKEY, INSURANCENOV 2 3 1982 AGENCY, INC. i 3915 Essex Lane P. �• BOx 22751 ..HOUSTON, .TEXAS' 77027 PHONE: 713-627 7810 • • • NAME AND ADDRESS OF AGENCY Comiskey Insurance Agency, Inc. 3915 Essex Lane P. 0. Box 227S1 Houston, Texas 77227-2751 713/627-7810 NAME AND ADDRESS OF INSURED Carbon Dioxide Tecimalogy Corporation 11211 Katy Freeway, Suite 320 Halston Texas 77079 COMPANIES AFFORDING COVERAGES ,I COMPANY A LETTER M Aetna Insurance CMW, COMPANY O LETTER v National �l�i% COMPANY EXPIRATION DATE LETTER COMPANY D LETTER OCCURRENCE COMPANY LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms. exclusions and conditions of such policies. COMPANY POLICY Limits o L abili in Thousands EACH AGGREGATE. LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE OCCURRENCE GENERAL LIABILITY BODILY INJURY $ Soo i 50A 0 A ® COMPREHENSIVE FORM ry� CG 22 25 72 S-6-82 t0 ® PREMISES -OPERATIONS 8-1-83 PROPERTY DAMAGE I Sao f Sao EXPLOSION AND COLLAPSE HAZARD ® UNDERGROUND HAZARD PRODUCTS/COMPLETED j��j OPERATIONS HAZARD 60 CONTRACTUAL INSURANCE BODILY INJURY AND BROAD FORM PROPERTY PROPERTY DAMAGE COMBINED $ = DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY $ PERSONAL INJURY (�.� ion ICI deleted) J AUTOMOBILE UAB♦♦ILITY BODILY INJURY PERSON) (EACH ; 25a A ®COMPREHENSIVE FORM CG 22 25 72 S-6-82 to LILY UR' $ 500 OWNED . 8-1-83 v (EACH ACCIDENT) G HIRED PROPERTY DAMAGE $ NON -OWNED BODILY INJURY AND _ PROPERTY DAMAGE COMBINED EXCESS LIABILITY B y�y� BODILY INJURY AND UMBRELLA FORM I6LaA 1483Sa6 1-1-84 PROPERTY DAMAGE i 30,000 access ❑ OTHER THAN UMBRELLA FORM COMBINED Primry ii ORKERS'COMPENSATION - __ _.. ,._— __ __ _." _— _-- _-_. _ STATUTORY and 6-3-82 to A EMPLOYERS' LIABILITY WC 02 29 04 8-1-83 _ DO yEKMACCIDENT/ OTHER � r U[J(;RIrIIUN yr UPLRATION5/LOCATIONS/VEHICLES PERSONNEL IDEPi. JANA 81953 Cancellation: Should any of the above described policies be cancelled beficrt9-Ch` 0 thereof, the issuing com- pany will endeavor to mail -SO— days written notice to fie Icate holder, but failure to . mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock 916 Texas Avenue Lubbock, Texas 79457 DATE COMI , INC: cicorc!01 ill ; V1, 'i— .•1 ig 11jusi 4jjj 1"Ictif a 'gl too *.I 6:1a lwx-vq I I:= awl 11-1 1 ... I . 0 . NAME AND ADDRESS OF AGENCY Lim -Aloft"P_ P Thous ands (000) Comiskey Insurance Agency, Inc. COMPANIES AFFORDING COVERAGES 3915 Essex Lane �. --44-41,2 1 IMf4_TE P. 0. Box 22751 COMPANY LETTER A Aetna T Houston, Texas 772272751 ocANAtPtEC! 713/627-7810 COMPANY LETTER B Twin City Firffl,-Ins Co. NAME AND ADDRESS OF INSURED COMPANY C LETTER First State Iffig. Carb6n Dioxide Technology Corporation COMPANY n RECEIVED 11211 Katy Friemyii� Suite 320 LETTER &W Houston, Texas 77079 W PREMISES—OPERATIONS COMPANY E S Soo $ 500 I LETTER MD 4A I This is to certify that policies of Insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding!,aAyk.]AulWerW_I,or condition I of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described erein is subject to all the terms, exclusions and conditions of such policies. * I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should any of the above described policies be cancelled before the exp'irRiol n d4t91hiE pany will endeavor to mail 30 days written notice to the below harried certilicate mail such notice shall impose no obligation or liability of any kind upon the cqi'h,pany. *,: COMISKEY INS AM. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock 916 Texas Avenue Lubbock, Texas 79457 ,!the issuing com- Jer, but failure to AGENCY, INC, REPRESENTATIVE Lim -Aloft"P_ P Thous ands (000) COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE --44-41,2 1 IMf4_TE ocANAtPtEC! GENERAL LIABILITY BODILY INJURY I Soo I Soo A WCOMPREHENSIVE FORM CG 22 2S 72 5-6-82 to W PREMISES—OPERATIONS 8-1-83 PROPERTY DAMAGE S Soo $ 500 WEXPLOSION AND COLLAPSE HAZARD KIUNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY DAMAGE S $ BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY (exclision fr-T Ic, deleted) BroaA Fo= AUTOMOBILE LIABILITY indorsemmt BODILY INJURY (EACH PERSON) $250 . A FE] COMPREHENSIVE FORM CG 22 25 72 5-6-82 to 80 DILY INJURY $SOO OWNED 8-1-83 (EACH ACCIDENT) HIRED PROPERTY DAMAGE S SOO NON -OWNED BODILY INJURY AND $ PROPERTY DAMAGE COMBINED EXCESS LIABILITY UMBRELLA FORM TAU 106193 BODILY INJURY AND 25 XS Pr ry 1-1-84 PROPERTY DAMAGE $ 'C E] OTHER THAN UMBRELLA 935172 COMBINED S XS 25 FORM WORKERS' COMPENSATION STATUTORY and ----6-3-82 to A EMPLOYERS' LIABILITY WC 02 29 04 8-1-83 -00 IEWHACCIOEI-T] OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Cancellation: Should any of the above described policies be cancelled before the exp'irRiol n d4t91hiE pany will endeavor to mail 30 days written notice to the below harried certilicate mail such notice shall impose no obligation or liability of any kind upon the cqi'h,pany. *,: COMISKEY INS AM. NAME AND ADDRESS OF CERTIFICATE HOLDER: City of Lubbock 916 Texas Avenue Lubbock, Texas 79457 ,!the issuing com- Jer, but failure to AGENCY, INC, REPRESENTATIVE