HomeMy WebLinkAboutAngus Petroleum Corp. - 1985-01-01 s
REQUEA FOR CITY COUNCIOACTION
Date October 15,, 1990
Submitted to: Mayor and City Council '
Submitted by: Michael T. Uberuaga, City Administrator Prepared by: Louis F. Sandoval , Director of Public Works �� K
;,L
Subject: Use of parcel of land within City owned '"
Gol denwest Street and Talbert Avenue. APPROVED BY"CIT COUNCIL
Consistent with Council Policy? [X] Yes [ ] New Policy or Exceptio
AF
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative
STATEMENT OF ISSUE:
A proposal has been made by Angus Petroleum Corporation to allow their dirt
contractor, Pulley Engineering, to use the surface of a parcel wi thin an
area of city owned land north of the former Mushroom Farm for the purpose of
drying drilled cuttings, and to pay the City $1000 per month for such use.
RECOMMENDATION:
Approve the execution of a License Agreement between the City of Huntington
Beach and Angus Petroleum Corporation for use of a parcel of City owned land.
ANALYSIS:
Angus Petroleum has contracted with Pulley Engineering to handle the disposal
of drilled cuttings from the operations at the Angus Springfield Project.
Pulley Engineering needs a surface area to spread and dry the materials due
to the fact that landfills will not accept wet materials. Further, the
Springfield drilling site is too small for a spreading operation.
Therefore, Curt Pulley of Pulley Engineering contacted Public Works and
proposed arranging for payment of $1000 per month to use an area within city
owned land for this purpose. Field reviews determined that an area
approximately 200' X 300' lying northerly of the former Mushroom Farm and
westerly of the Police Firing Range would be the most suitable and
satisfactory. The area would be accessed from Gothard Street along the
driveway to the firing range, keeping the trucks off the more heavily
travelled Goldenwest; and the site would be approximately 1000' north of the
Ellis/Goldenwest Mobile Home Park.
The operation anticipated is only 4 to 6 trucks per hauling day, and the
trucks will be tight bodies that will not leak fluids along the route. The
drilled cuttings consist of soils, bentonite, and water; and no oil
contaminated soil nor toxic material will be transported to the site.
i
PI O 5/85
Request for City Couel Action Page - 2 -
The duration of the License Agreement will be for eighteen months, with right
of termination by either party with sixty days notice to the other. Prior to
the end of the license period, Angus will remove the drilled cuttings unless
the City desires to retain and negotiates with Angus to leave onsite.
FUNDING SOURCE:
No City funds are required, and revenue received will be deposited into the
appropriate revenue account.
ALTERNATIVE ACTION:
1. Do not approve the License Agreement.
2. Direct a different parcel to be selected for use.
ATTACHMENTS:
License Agreement
Copy of Draft Proposal
Plat of use area
CERTIFICATOOF INSURANCE ISSUE DATE(MM/DD/YY)
6/27/90
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
Johnson & Higgins NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,
345 California Street EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
San Francisco,Ca. 94104
COMPANIES AFFORDING COVERAGE
COMPANY A
CODE SUB-CODE LETTER Lloyds and Institute Companies
COMPANY B
INSURED LETTER.
- Home Insurance
Angus Petroleum Corporation COMPANY
c/o Pacific Gas and Electric Company LETTER C
_.._ Employers Insurance of Wausau
77 Beale Street, Room E-280 COMPANY
San Francisco,Ca. 94106 n r/ LETTER
V COMPANY.E..-.._... .._.__._
LETTER
( COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER ! POLICY EFFECTIVE POLICY EXPIRATION; ALL LIMITS IN THOUSANDS
LTR !!! DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE y 2�OOQ .....
A X 8o6o4 2/28/90 2/28/91. PRODUCTS-COMP/OPS AGGREGATE $ Incl.
COMMERCIAL GENERAL LIABILITY' — — � --
CLAIMS MADE X OCCUR. PERSONAL&ADVERTISING INJURY' $ 1,OOQ-.,--
- _---- -
OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,OQQ,—,.
} FIRE DAMAGE(Any one tire) $ 1 QOO.-
4 MEDICAL EXPENSE(Any one person)! $
AUTOMOBILE LIABILITY ! COMBINED 21 OOO
X
SINGLE $
B A-, ANY AUTO BAF 163787 2/28/90 2/28/91. LIMIT
I
X ALL OWNED AUTOS BODILY
X SCHEDULED AUTOS INJURY $(Per person) I -
X HIRED AUTOS i BODILY`}
INJURY $
X NON-OWNED AUTOS j (Per accident)
GARAGE LIABILITY 1 ' ! PROPERTY
;._.. I DAMAGE $
EXCESS LIABILITY EACH AGGREGATE
OCCURRENCE' .
A X 8o605' ; 2/28/90 2/28/91 $ 1,000 $ 2,000
OTHER THAN UMBRELLA FORM
•` WORKER'S COMPENSATION f STATUTORY C ,
C AND o611 oo 037502 /1/90 7/1/91 $� 1QO (EACH ACCIDENT)
i1e $. _2, 00 _—_ (DISEASE POLICY LIMIT)
EMPLOYERS'LIABILITY �r,��k�T $ I - 5 (DISEASE EACH EMPLOYEE
--.--_--_—_--_ 1 100__.
OTHER A C -
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRI ONS/SPECIAL ITEMS It is agreed that the Certificate Holder,its
agents and employees are ad, s additional. insureds as respects to Tract No. 12746 & 12747, lur
CERTIFICATE HOLDER — CANCELLATION
City of Huntington Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Risk Management Division EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL -9*&eA r? T-0
2000 Main Street MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Huntington Beach,Ca. 92648 LEFT, B
AUTHORIZED REPRESENTATIVE
ACORDI 25-S (3/88) _ - R ATION 1988 I
LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND ANGUS PETROLEUM CORPORATION FOR
USE OF A CITY OWNED PARCEL ON GOLDENWEST STREET
FOR THE PURPOSE OF DRYING DRILLED CUTTINGS
THIS LICENSE AGREEMENT is made by and between the City of
Huntington Beach ( "CITY" ) , a California municipal corporation, and
ANGUS ( "LICENSEE" ) , a California corporation.
WHEREAS, pursuant to Huntington Beach City Council; and
LICENSEE wishes to use a parcel of CITY owned real property
(the "PROPERTY" ) , more particularly described in Exhibit "A" ,
attached hereto and incorporated by reference herein, to place and
dry drilling cuttings ; and
NOW THEREFORE, the parties hereto do hereby agree as follows :
1 . PERMISSION
Permission is hereby given to LICENSEE from CITY to enter
upon and use the PROPERTY for the purpose of depositing and drying
of drilled cuttings .
2 . CONDITIONS
The rights of entry on the "PROPERTY" is subject to the
following terms and conditions :
A. INDEMNIFICATION, DEFENSE HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and hold
and save harmless CITY, its officers , and employees against any and
all liability, claims, judgments, costs and demands, however caused,
including those resulting from death or injury to LICENSEE ' S
employees and damage to LICENSEE ' S property arising directly or
indirectly out of the use of the PROPERTY by LICENSEE, including
those arising from the passive concurrent negligence of CITY, but
save and except those which arise out of the active concurrent
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negligence, sole negligence, or the sole willful misconduct of
CITY. LICENSEE will conduct all defense at its sole cost and
expense. CITY shall be reimburse by LICENSEE for all costs or
attorney' s fees incurred by CITY in enforcing this obligation.
B. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code §1861, LICENSEE
acknowledges awareness of Section 3700 et seq. of said code, which
requires every employer to be insured against liability for workers '
compensation; LICENSEE covenants that it will comply with such
provisions prior to using the PROPERTY as licensed hereunder .
LICENSEE shall maintain such Workers ' Compensation Insurance
in an amount of not less than One Hundred Thousand Dollars
($100, 000) bodily injury by accident, such occurrence, One Hundred
Thousand Dollars ($100, 000) bodily injury by disease, each employee,
and Two Hundred Fifty Thousand Dollars ($250, 000) bodily injury by
disease, policy limit, at all times incident thereto, in forms and
underwritten by insurance companies satisfactory to CITY.
LICENSEE shall require all subcontractors to provide such
Workers ' Compensation Insurance for all of the subcontractors '
employees . LICENSEE shall furnish to CITY a certificate of waiver
of subrogation under the terms of the Workers ' Compensation
Insurance and LICENSEE shall similarly require all subcontractors to
waive subrogation.
C. INSURANCE
LICENSEE shall carry at all times incident hereto, on all
operations to be performed on the PROPERTY, general liability
insurance, including coverage for bodily injury, property damage,
products/completed operations, and blanket contractual liability.
Said insurance shall also include automotive bodily injury and
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property damage liability insurance. All insurance shall be
underwritten by insurance companies in forms satisfactory to CITY
for all operations, subcontract work, contractual obligations,
product or completed operations and all owned vehicles and non-owned
vehicles . Said insurance shall name the CITY, its officers, agents
and employees and all public agencies as determined by the CITY as
Additional Insureds . LICENSEE shall subscribe for and maintain said
insurance policies in full force and effect during the life of this
Agreement, in an amount of not less than One Million Dollars
($1, 000, 000) combined single limit coverage. If coverage is
provided under a form which includes a designated general aggregate
limit, such limit shall be no less than One Million Dollars
($1, 000, 000) . In the event of aggregate coverage, LICENSEE shall
immediately notify CITY of any known depletion of limits . LICENSEE
shall require its insurer to waive its subrogation rights against
CITY and agrees to provide certificates evidencing the same.
D. CERTIFICATES OF INSURANCE• ADDITIONAL INSURED
ENDORSEMENT
Immediately upon the commencement of this Agreement, LICENSEE
shall furnish to CITY certificates of insurance subject to approval
of the City Attorney evidencing the foregoing insurance coverages as
required by Section 2B and 2C herein; said certificates shall
provide the name and policy number of each carrier and policy, and
shall state that the policy is currently in force and shall promise
to provide that such policies will not be cancelled without thirty
(30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this Agreement is
terminated.
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The requirement for carrying the foregoing insurance shall
not derogate from the provisions for indemnification of CITY by
LICENSEE under Section 2A of this Agreement . CITY or its
representative shall at all times have the right to demand the
original or a copy of all said policies of insurance. LICENSEE
shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
A separate copy of the additional insured endorsement to each
of LICENSEE' S insurance policies, naming the CITY, its officers and
employees as Additional Insureds shall be provided to the City
Attorney for approval .
E. PROPERTY CLEAN UP; BOND
Upon termination of the permission herein extended, LICENSEE
agrees to restore the PROPERTY to its original state absent ordinary
wear and tear, remove all of LICENSEE' S equipment and vehicles
therefrom, and leave the PROPERTY in a "broom clean" condition.
LICENSEE shall furnish a bond in the amount of Ten Thousand Dollars
($10, 000) to guarantee LICENSEE' S faithful performance of this
obligation to clean and restore the PROPERTY.
F. TESTING FOR TOXIC CONTENT
Licensee agrees that during the term of this agreement they
will on a regular basis have the material, deposited in the site,
tested by an independent laboratory for toxic content . The results
of this testing will be available to the CITY and the records may be
examined by the CITY at any reasonable time.
3 . COMPENSATION
LICENSEE agrees to pay and CITY agrees to accept as full
compensation for the License granted pursuant to this Agreement, the
sum of One Thousand Dollars ($1, 000 . 00) per month.
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• •
4 . RELEASE OF LIABILITY
Licensee hereby releases and forever discharges CITY of and
from any and all claims, demands, actions or causes of action
whatsoever which LICENSEE may have, or may hereafter have, against
CITY specifically arising out of the matter of the entry of LICENSEE
on to the PROPERTY. This is a complete and final release and shall
be binding upon the undersigned and the heirs, executors,
administrators, successors and assigns of LICENSEE and covers claims
arising out of or connected with LICENSEE' S use of the PROPERTY.
LICENSEE hereby expressly waives any right under or benefit of any
law of any jurisdiction whatsoever providing to the contrary.
Neither the acceptance of this release nor any payment made
hereunder shall constitute any admission of any liability of CITY.
5 . WASTE
LICENSEE shall not alter, damage or commit any kind of waste
upon the PROPERTY or any improvement, equipment or personal property
thereon, and shall not interfere in any manner with the operations
or activities of CITY. LICENSEE shall not cause any workmen' s or
materialmen' s liens to be placed upon the PROPERTY and agrees to
indemnify and hold CITY and the PROPERTY harmless against any such
liens, including but not limited to, the payment of attorneys ' fees .
6 . EQUIPMENT
LICENSEE shall keep any equipment used or brought onto the
PROPERTY under its absolute and complete control at all times and
said equipment shall be used on the PROPERTY at the sole risk of
LICENSEE. LICENSEE shall bring no animals onto the PROPERTY.
-5-
7 . INDEPENDENT CONTRACTOR
It is understood and agreed that LICENSEE is, and shall be,
acting at all times hereunder as an independent contractor and not
as an employee of CITY. LICENSEE shall secure, at its expense, and
be responsible for any and all payments of income tax, social
security, state disability insurance compensation, unemployment
compensation and other payroll deductions for LICENSEE and its
officers, agents and employees; and all business licenses, and work
permits, if any, in connection with its use of the PROPERTY.
LICENSEE agrees that all work done or undertaken by it on the
PROPERTY shall be for its sole account and not as an agent, servant
or contractor for CITY.
8 . NO ASSIGNMENT
LICENSEE agrees that the permission herein extended shall be
personal to it and that is shall not assign or permit any third
party to avail itself of any of the privileges granted hereunder.
9 . LICENSE GRANTED ONLY
No interest of any kind, other than this License, is hereby
given and LICENSEE shall never assert any claim or title to the
PROPERTY.
10 . TERMINATION OF LICENSE
LICENSEE acknowledges that the permission granted hereunder
shall terminate effective March 19 , 1990 .
11 . CAPTIONS
Captions of the Sections of this Agreement are for
convenience and reference only, and the words contained therein
-6-
shall in no way be held to explain, modify, amplify or aid in the
interpretation, construction or meaning of the provisions of this
Agreement .
12 . ENTIRETY
The foregoing represents the entire Agreement between the
parties .
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.
LICENSEE: CITY OF HUNTINGTON BEACH
ANGUS PETROLEUM CORPORATION a municipal corporation of
a California corporation the S ate of California
By:,
s ; Vice President Mayor
By:
Its :
----
AT T: APPROVED AS TO FORM:
40
City Clerk City AttorneyW14N%.1h—h-"-\\)
INITIATED AND APPROVED:
Direct A
r of Public Works
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HUNTINGTON BEACH N
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POLICE DEPARTMENT 0325
A!-BERT
804
HARRIMAN Ay
Blue
piamond V INCENT
Proposed Crusher ' .Access
Drying Area Road
ORANGE
y COUNTY 10162
TRANSFER °C
vPRO 4
a STATION 16131
18202
a4 ,� 18192 18211 18202
1 8202
0
18222 1B261 18242
- 18241 18262 1828I
Former 18252
OCeanVleW 18251 18282 18291 ltJ
Mushroom Farm 0 U)
X 18262
I Q 18292 CL
/ 18291 = 18331 IX
�- 18342 18221 L11 18322
18J01 O 18346 Q ~
U' 19352 ��- Z W
o p
Sully Miller Lake 18356 18342/52
,n
18362 n
FIRE STA &TRAINING FAO 18766 18368/72
18311 18372
18376 '
18315 18382 18376/80
/ M O U N TJ 0 18392
a
18411
N
N
Mobile Home Park—
18421
9451 18460
_ ¢ AUTOPARK
n 184:8 <
1U71
°C. ELLIS
-- 291
QS TM • •
ANGUS Petroleum Corporation
14062 Denver West Parkway
Suite 200
Golden, Colorado 80401
(303) 278-4300
City of Huntington Beach
Development Services Department
Post Office Box 190
Huntington Beach, California 92648
Re: AUTHORIZATION
Dear Sirs or Ladies:
ANGUS Petroleum Corporation ("ANGUS") , a corporation organized and
existing under and by virtue of the laws of the State of Delaware, has
appointed, authorized and empowered
Mr. John D. Carmichael whose address is:
4581 Elder Avenue
Seal Beach, California 90740,
to act as its agent to execute Zone Change Applications, Use Permit
Applications, and other such applications for entitlement of use of property
owned or controlled by ANGUS within the City of Huntington Beach.
IN WITNESS WHEREOF, the corporation has caused this Authorization to be
signed by its President and attested by its Assistant Secretary this 17th day
of December, 1985.
ANGUS P7,PjOLEUM CORPORATION
By
Robert B. Kayser, Pr dent
(SEAL)
ATTEST:
Mary C.' Weritworth, Assistant Secretary
DRAFT
August 31, 1990
Mr. Louis F. Sandoval
Director of Public Works
City of Huntington Beach
P. O. Box 190
Huntington Beach, GA 92648
Dear Mr. Sandoval.:
This is to confirm your meeting with our dirt contractor
curt Pulley, concerning the drilled cuttings from the
ANGUS Springfield Project.
we understand that the City has designated an area near
the City Firing Range that can be used to process the
cuttings. ANGUS will pay the City $1, 000 per month for
the use of this area. At the end of the project, ANGUS
will remove the material. If the City requires the
material for fill, it will be left in place for a price
to be negotiated at a later date.
The cuttings will be tested by an independent testing
laboratory for toxic content. These tests will be
available to the City at any time.
This agreement will start on September 1, 1990 and
continue through the drilling phase -of the Project.
This agreement can be terminated by either party with
sixty (60) days notice. .
If this outline meets with your understanding with Mr.
Pulley, please sign in the space provided for below and
return a copy to the undersigned.
Sincerely,
John D. Carmichael Agreed and Approved:
Vice President
Louis F. Sandoval
Director of Public Works
City of Huntington Beach