HomeMy WebLinkAboutOrdinance #4075 ORDINANCE NO. 4 0 7 5
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
PROVIDING CONSENT TO THE ASSIGNMENT OF THE
PARAMOUNT PETROLEUM CORPORATION FRANCHISE TO
CARDINAL PIPELINE, L.P.
WHEREAS, on February 14, 2014, the City Council of the City of Huntington Beach
adopted Ordinance No. 4008, which awarded a franchise to construct, operate and maintain a
pipeline system for the transportation of oil to Paramount Petroleum Corporation; and
Paramount Petroleum Corporation desires to assign said franchise to Cardinal Pipeline,
L.P. 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.
144438/116378 doc 1
Ordinance No . 4075
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7 t h day of December , 2015.
a ar
ATTEST* APPROVED FORM:
Clerk V City Attorney vo�°�
REVIEW D APPROVED INITIATED AND APPROVED
4&—J—L1
i y an ger Deputy D r ctor of Business
Development
14-4438/116378 doc 2
EXHIBIT A
Exhibit A - Ord . 4075
CONSENT TO ASSIGNMENT OF FRANCHISE AGREEMENT
Tlus CONSENT TO ASSIGNMENT OF FRANCHISE AGREEMENT is made this
day of bE65-1) 6W ,2015,by and between the City of Huntington Beach, a
California municipal corporation, hereinafter"City,"Paramount Petroleum Corporation,
hereinafter"Assignor,"and Cardinal Pipeline,L P.,hereinafter"Assignee."
RECITALS
WHEREAS,on February 14,2014,Assignor entered into a Franchise Agreement with
City identified as"Franchise Agreement Between the City of Huntington Beach and Paramount
Petroleum Corporation,"hereinafter"Franchise Agreement;"and
Assignor wishes to assign all of its rights and obligations under the Franchise Agreement
to Assignee; and
The Franclse 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
5. 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
14-4438/116300
Exhibit A - Ord . 4075
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 of
PARAMOUNT PETROLEUM California
CORPORATION
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By: - t M r
riot name ��
ITS: (orcle one) Chairman/Presiden ice Ci Clerk
Presiden
INITIATED AND APPROVED:
AND
By. Deputpirector of Business
Development
print name
=ffic
rcle one) Secretary Lief Financi
Asst. Secretary- Treasurer
REV APPROVED:
ASSIGNEE.
C anager
CARDINAL PIPELINE, L.P.
By: �, OIiC�
APPROV
print name g7
ITS: �2as•��--
City Attorney
AND 1'2,4/X4
By:
print name
ITS-
2
14-4438/116300
Ord. No. 4075
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 November 16, 2015, and was again read to said City Council at
a Regular meeting thereof held on December 7, 2015, and was passed and adopted by
the affirmative vote of at least a majority of all the members of said City Council
AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson
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 Wave on December 17,2015
In accordance with the City Charter of said City '
Joan L Flynn, City Clerk City frk and ex-offic Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
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