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Contract analysis / bridgemont-notice-letter.docx
bridgemont-notice-letter.docx
1016-00006 · 23 clauses
High · 1 Medium · 3 Standard · 5
I. Introduction and Purpose of Notice
I. Introduction and Purpose of Notice This firm represents Dunmore Energy Holdings Ltd. ("DEH"), a Cayman Islands exempted company (Registration No. MC-318574), with its principal office and headquarters located at 4th Floor, Harbour Place, 103 South Church Street, George Town, Grand Cayman, KY1-1002, Cayman Islands. I am the Responsible Partner for this engagement and am writing on behalf of DEH in connection with t
II. Identification of the Insured and the Scheduled Location Medium
⚑ Assignment / subcontracting
II. Identification of the Insured and the Scheduled Location The Insured. The named insured under the Policy is Dunmore Energy Holdings Ltd. DEH is the successor-in-interest to Dunmore Terminal Services, Inc. ("DTS"), a Texas corporation (Employer Identification Number: 76-0384291) that was dissolved effective December 31, 2017. All liabilities of DTS, including without limitation all environmental obligations and li
III. Site Background and Operational History High
⚑ Non-compete / exclusivity restraint
III. Site Background and Operational History DTS operated a petroleum bulk-storage terminal at the Site from 1974 through 2015, a period of approximately forty-one years. During that time, the Site served as a regional hub for the receipt, storage, and distribution of refined petroleum products, including gasoline, diesel fuel, and fuel oil. The principal improvements at the Site consist of the following: • Northern
IV. Description of Pollution Conditions — Known Release History
IV. Description of Pollution Conditions — Known Release History The environmental record for the Site reflects at least five documented releases of petroleum products that occurred during the operational life of the terminal, as follows: 1. 1996 Release — Tank S-4 (Southern Tank Farm, RCFD-Operated). Approximately 8,000 gallons of diesel fuel were released from Tank S-4 in the southern tank farm. The release was repo
V. Description of Pollution Conditions — Current Contamination Profile Standard
⚑ Commercial term
V. Description of Pollution Conditions — Current Contamination Profile To fully characterize the nature and extent of contamination at the Site, DEH retained Pinehill Environmental Consulting LLC ("Pinehill") to conduct a comprehensive environmental investigation. The Pinehill engagement has been supervised by Dr. Lena Vasquez, P.E., P.G., who serves as Principal-in-Charge for the project. Pinehill commenced a Phase
VI. Potential Third-Party Exposure — Nearest Receptor Medium
⚑ Liability cap to check against exposure
VI. Potential Third-Party Exposure — Nearest Receptor DEH has identified the nearest residential receptor to the Site as the property located at 16405 FM 1301, Wharton, Texas 77488, which is owned and occupied by the Ingram family (the "Ingram Property"). The Ingram Property is situated approximately 3,100 feet south-southwest of the current leading edge of the dissolved benzene plume, as delineated by Pinehill's mos
VII. Remediation Cost Estimate Standard
⚑ Commercial term
VII. Remediation Cost Estimate Pinehill prepared and delivered to DEH a comprehensive Remediation Cost Estimate dated April 2025 (the "Cost Estimate"). The Cost Estimate was developed based on the data collected during the Phase I and Phase II Environmental Site Assessments and supplemental investigations, and reflects current market pricing for environmental remediation services in the Texas Gulf Coast region. The C
VIII. TCEQ Voluntary Cleanup Program Enrollment Standard
⚑ Commercial term
VIII. TCEQ Voluntary Cleanup Program Enrollment DEH has elected to conduct the remediation of the Site under the oversight of the Texas Commission on Environmental Quality ("TCEQ") Voluntary Cleanup Program ("VCP"), as authorized by Chapter 361, Subchapter S of the Texas Health and Safety Code. The VCP provides a structured framework for the investigation and remediation of contaminated properties and, upon successfu
IX. Coverage Implicated Under the Policy Standard
⚑ Commercial term
IX. Coverage Implicated Under the Policy DEH submits that the pollution conditions described in this letter trigger coverage under the Policy. The Policy, as issued by Bridgemont to DEH, provides coverage for the following categories of loss, among others, that are directly relevant to the conditions at the Site: • On-Site Cleanup Costs. The Policy covers cleanup costs incurred for the investigation and remediation o
X. Reservation of Rights Medium
⚑ Liability cap to check against exposure
X. Reservation of Rights DEH expressly reserves all of its rights, remedies, and claims under the Policy, at law, and in equity, including but not limited to: • The right to claim reimbursement for all covered cleanup costs incurred above the SIR, up to the aggregate limit of the Policy; • The right to claim coverage for any third-party bodily injury or property damage claims that may arise from the pollution conditi
XI. Requested Actions
XI. Requested Actions In light of the foregoing, DEH respectfully requests that Bridgemont take the following actions promptly upon receipt of this notice:
1. Acknowledge Receipt. Acknowledge receipt of this notice in writing, confirming the dat
1. Acknowledge Receipt. Acknowledge receipt of this notice in writing, confirming the date of receipt and the identity of the Bridgemont representative responsible for the matter.
2. Assign a Claim Number. Assign a claim number to this matter and identify the claims ad
2. Assign a Claim Number. Assign a claim number to this matter and identify the claims adjuster or other contact person who will be responsible for handling DEH's claim under the Policy.
3. Confirm Policy Status. Confirm in writing that the Policy is currently in full force a
3. Confirm Policy Status. Confirm in writing that the Policy is currently in full force and effect, that all premiums have been paid and accepted, and that the Site remains a scheduled known-condition location under the Policy's schedule of covered locations.
4. Advise Regarding Additional Information. Advise DEH and its counsel of any additional
4. Advise Regarding Additional Information. Advise DEH and its counsel of any additional information, documentation, or materials that Bridgemont may require in order to process this notice and evaluate DEH's claim under the Policy, so that DEH may respond promptly and cooperatively. All future correspondence regarding this matter should be directed to: Sandra Tung, Partner Calderwood & Harkness LLP 1200 McKinney Str
XII. Enclosures
XII. Enclosures The following documents are enclosed with this letter for Bridgemont's review and records:
1. Copy of Bridgemont Pollution Legal Liability Policy No. ENV-BIC-2024-07821 (declaratio
1. Copy of Bridgemont Pollution Legal Liability Policy No. ENV-BIC-2024-07821 (declarations page and scheduled locations endorsement);
2. Executive Summary of Pinehill Environmental Consulting LLC Phase I Environmental Site
2. Executive Summary of Pinehill Environmental Consulting LLC Phase I Environmental Site Assessment (January 2024);
3. Executive Summary of Pinehill Environmental Consulting LLC Phase II Environmental Site
3. Executive Summary of Pinehill Environmental Consulting LLC Phase II Environmental Site Assessment (June 2024);
4. Pinehill Environmental Consulting LLC Remediation Cost Estimate (April 2025);
4. Pinehill Environmental Consulting LLC Remediation Cost Estimate (April 2025);
5. TCEQ Voluntary Cleanup Program Application (filed June 25, 2025), including proof of a Standard
⚑ Commercial term
5. TCEQ Voluntary Cleanup Program Application (filed June 25, 2025), including proof of application fee payment;
6. Site location map and plat depicting the 48.7-acre Site, surrounding land uses, and th
6. Site location map and plat depicting the 48.7-acre Site, surrounding land uses, and the location of the nearest identified residential receptor (the Ingram Property); and
7. Summary table of known release history, including dates, volumes, source locations, an
7. Summary table of known release history, including dates, volumes, source locations, and corresponding TCEQ Incident Numbers. We appreciate your prompt attention to this matter. Please do not hesitate to contact me directly if you have any questions or require additional information in connection with this notice. Very truly yours, CALDERWOOD & HARKNESS LLP By: ________ Sandra Tung Partner 1200 McKinney Street, Sui