Loading...
HomeMy WebLinkAboutOrdinance #4030 ORDINANCE NO. 4030 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH PROVIDING CONSENT TO THE ASSIGNMENT OF THE OXY USA, INC. FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION OF OIL TO SOCAL HOLDINGS, LLC WHEREAS, on April 1, 2013, the City Council of the City of Huntington Beach adopted Ordinance No. 3974, which awarded a franchise to construct, operate and maintain a pipeline system for the transportation of oil to OXY USA, Inc.; and OXY USA, Inc. desires to assign said franchise to SOCAL HOLDINGS, LLC and the City wishes to consent to such assignment, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The terms and conditions of the Consent to Assignment of Franchise Agreement approved by this ordinance are contained in the "Consent to Assignment of Franchise Agreement," a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though set forth herein. SECTION 2. The City Clerk shall cause this ordinance to be posted in three places designated by the City Council within the City and to be published by title with a brief summary at least once within fifteen days after its adoption in a daily, semi-weekly or weekly newspaper, published in the County of Orange or the City and circulated in the City, which is selected by the City Council for that purpose. 14-4274/111105 Ordinance No. 4030 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 4th day of August , 2014. Mayor ATTEST: INITIATED AND APPROVED: ty Clerk Deputy Director oCjdusiness Development REVIEWED AND APPROVED: APPROVED AS TO FORM: Manager City Attor y 14 144274/111105 Ordinance No. 4030 EXHIBIT A Exhibit "A" - Ord. 4030 CONSENT TO ASSIGNMENT OF FRANCHISE AGREEMENT This CONSENT TO ASSIGNMENT OF FRANCHISE AGREEMENT is made this day of ` &VOMW) 7Q, 2014, by and between the City of Huntington Beach, a California municipal corporation, hereinafter "City," OXY USA Inc., hereinafter "Assignor," and SoCal Holding, LLC, hereinafter "Assignee;" and RECITALS WHEREAS, Assignor entered into a Franchise Agreement with City identified as "Franchise Agreement Between the City of Huntington Beach and OXY USA Inc. Pursuant to City's Pipeline Franchise Ordinance," hereinafter "Franchise Agreement"; and Assignor wishes to assign all of its rights and obligations under the Franchise Agreement to Assignee; and The Franchise Agreement requires the prior written consent of the City for the assignment thereof, NOW THEREFORE, In consideration of the mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, City, Assignor and Assignee agree as follows:. 1. Assignor hereby assigns all its right,title, and interest, and delegates all its obligations responsibilities and duties, in and to the Franchise Agreement,to Assignee. 2. Assignee hereby accepts the assignment of all of Assignor's obligations responsibilities and duties under the Franchise Agreement and all of Assignor's right, title and interest in and to the Franchise Agreement. 3. City hereby consents to the assignment from Assignor to Assignee. 4. Notwithstanding the foregoing, Assignor agrees to defend and indemnify the City from any and all claims, actions,judgments, liabilities,proceedings and costs, including reasonable attorneys' fees and other costs of defense and damages, resulting from Assignor's performance prior to the assignment of the Franchise Agreement and resulting from Assignee's performance after the assignment of the Franchise Agreement, provided however, that after the assignment of the Franchise Agreement the City shall first look to Assignee to satisfy all claims, actions,judgments, liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of defense and damages resulting from Assignee's performance. S. Assignee agrees to indemnify the City from any and all claims, actions, judgments, liabilities, proceedings and costs, including reasonable attorneys' fees and other costs of defense and damages, resulting from Assignee's performance after the assignment of the Franchise Agreement. 6. The City, in executing its consent to this Assignment, does not release Assignor from any claims or remedies it may have against Assignor under the Franchise Agreement. 1"272/110829 l Exhibit "A" - Ord. 4030 7. The Parties acknowledge and agree that the Franchise Agreement will continue in full force and effect until the assignment has been completed as evidenced by execution by all parties of this Consent to Assignment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. ASSIGNOR: CITY OF HUNTINGTON BEACH, A municipal corporation of the State OXY USA INC. of California By: �-e CJ • , Alar-k- cS• .cue�i�2, ay o r print name ITS: circle one) Chairman/Presiden ice Presid y Clerk AND INITIATED AND APPROVED: By: �cC� P 5 p Deputy r ctor of Business print name Development ITS: (circle one_Secretary/Chief Financial Officer sst. Secretary Treasurer REVIE ND APPROVED: ASSIGNEE: SOCAL HOLDING, LLC. Manager BY. print name APPROVED AS TO FORM: ITS: (circle one) Chairman/President(2�- e Presiden M S�1�1 AND City Attorney � ..� ��_ I By. P,Zr� print name ITS: (circle o Secretary/Chief Financial Officer Asst. Secretary Treasurer 14-4272/110829 2 Ord. No. 4030 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on July 21, 2014, and was again read to said City Council at a Regular meeting thereof held on August 4, 2014, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Katapodis, Hardy, Shaw, Harper, Boardman, Sullivan, Carchio NOES: None ABSENT: None ABSTAIN: None I,Joan L.Flynn,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Fountain Valley Independent on August 14,2014. In accordance with the City Charter of said City Joan L. Flynn, City Clerk City perk and ex-officio Merk Senior Deputy City Clerk of the City Council of the City of Huntington Beach, California