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HomeMy WebLinkAboutChevron Environmental Management Company - EMC - 2013-02-19Dept. ID ED 17-03 Page 1 of 2 Meeting Date: 2/21/2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/21/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kenneth A. Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Approve and authorize execution of a Reinstatement and First Amendment to Site Access Agreement (Amendment) Between the City and Chevron Environmental Management Company (EMC) to conduct environmental work at 18477 Beach Boulevard Statement of Issue: The City Council is asked to approve a Reinstatement and First Amendment to Site Access Agreement (Amendment) between the City of Huntington Beach and Chevron Environmental Management Company (EMC) for temporary access rights onto City -owned property to conduct environmental work under the oversight and direction of the Orange County Health Care Agency (OCHCA). Financial Impact: Not Applicable Recommended Action: Approve and authorize the Mayor and City Clerk to execute the `Reinstatement and First Amendment to Site Access Agreement" between the City of Huntington Beach and Chevron Environmental Management Company (EMC) extending the term to February 19, 2019. Alternative Action(s): Do not approve the Agreement and direct staff accordingly. Analysis: In February 2013, the City approved a three-year Site Access Agreement (Agreement) to allow Chevron Environmental Management Company (EMC) access onto City -owned property located at 18477 Beach Boulevard, adjacent to Denny's Restaurant. The purpose of the Agreement was to allow EMC to perform environmental work under the oversight of OCHCA. EMC has been conducting environmental remediation work at the Chevron gas station facility located at 18501 Beach Boulevard, directly south of the City owned property. Under the direction of the OCHCA, EMC had requested permission to conduct environmental work, including the installation, maintenance, inspection, replacement, periodic sampling, abandonment of boring wells, and the use of those boring wells for the introduction of compounds to facilitate bioremediation, on the City - owned property. The Agreement ensured the City was properly indemnified and held harmless against any claims or liabilities resulting from any environmental work performed by EMC and its subcontractors on the Item 7. - 1 H B -42- Dept. ID ED 17-03 Page 2 of 2 Meeting Date: 2/21/2017 City -owned property. In addition to indemnification, EMC agreed to repair portions of the property if they were to be damaged as a result of remediation work. The original Agreement expired on February 19, 2016. OCHCA is requiring EMC to do further environmental work. Therefore, EMC has requested a reinstatement of the Agreement via the Amendment, to complete further monitoring and environmental work. The City Attorney has reviewed and approved the Amendment and staff recommends approval of the Amendment, as this work is necessary to help protect the environment. When completed, the property will be returned to its original condition by EMC. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Reinstatement and First Amendment to Site Access Agreement 2. Aerial Map of Location HB -43- Item 7. - 2 • Station No. 9-8474 REINSTATEMENT AND FIRST AMENDMENT TO SITE ACCESS AGREEMENT This REINSTATEMENT AND FIRST AMENDMENT TO SITE ACCESS AGREEMENT ("First Amendment') is entered into by and between CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation ("EMC"), and CITY OF HUNTINGTON BEACH ("Owner"). RECITALS A. Owner and EMC entered into a Site Access Agreement dated February 19, 2013, ("Agreement") whereby Owner permitted EMC access to the premises located at 18477 Beach Boulevard in the City of Huntington Beach, County of Orange, State of California, APN 159-031- 16 (the "Property") to conduct certain environmental investigation and/,or remediation work described in the Agreement. A copy of the Agreement is attached hereto as Attachment 1. B. The Agreement has expired and the parties desire to reinstate and amend the Agreement to extend the term of the Agreement. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties hereby agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Paragraph 3 (Term) of the Agreement is hereby deleted and a new paragraph is inserted as follows: The license granted herein shall expire as of midnight on February 19, 2019 or upon completion of the Work, whichever is earlier. In the event that access to the Property by EMC is necessary beyond the date specified in this paragraph, the parties shall meet and confer upon the terms for the extension of this Agreement, which extension shall not reasonably be denied by Owner. 3. Except as provided in this First Amendment, all of the other terms and conditions set forth and contained in the Agreement shall remain unchanged and in full force and effect. 4. This First Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original instrument. -1- (9-8474 Reinstatement & Amendment to SAA) E&S LAW rev. 02.12.15 (Revised. 1216116) 0 Station No. 9-8474 IN WITNESS WIIEREOF, the parties have caused this First Amendment to be executed and effective as of the last date set forth below. EMC: Dated: ► ' Z c . , Zo i l OWNER: Dated: Dated: Dated: Dated: CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation By: _ Name: &J-( Its:&VI IJM T-A COMPUA,% OF'FtGE INITIATED AND APPROVED irecto f Economic Development APPROVED AS" FORM Attorney { p 1 �Y� Vol ` -2- (9-8474 Reinsia(emew & Amendmem !o SAA) E&S LAW rev. 02.12.15 (Revis412/6/16) • 0 Station No. 9-8474 ATTACHMENT 1 SITE ACCESS AGREEMENT -3- (9-8474 Reinstatement & Amendment to bAA) E&S LAW rev. 02,12.15 (Revised, 12/6/16) ` • Attachment 1 Station No.: 9-8474 SITE ACCESS AGREEMENT THIS SITE ACCESS AGREEMENT ("Agreement') is entered into by and between CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation ("EMC"), and CITY OF HUNTINGTON BEACH ("Owner"). RECITALS A. Owner holds record title to certain real property located at 18477 Beach Boulevard, in the City of Huntington Beach, County of Orange, State of California, APN 159-031-16, as depicted on Exhibit "A" attached hereto and incorporated herein (the B. EMC's affiliate, Chevron U.S.A. Inc. or its dealer, operates a retail service station at 18501 Beach Boulevard, commonly referred to as Service Station No. 9-8474; C. EMC seeks Owner's authorization to access the Property to conduct the Work, as defined in Paragraph 1 (Rights Granted) below; and D. Owner is willing to grant EMC access to the Property for the above -described purposes. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties hereby agree as follows: 1. RIGHTS GRANTED Owner hereby grants to EMC, its employees, agents, representatives, consultants and contractors, a license over, under and across the Property for the purpose of performing environmental work under government agency oversight or direction (the "Work"). Said Work shall be limited to the installation, maintenance, inspection, replacement, periodic sampling, and abandonment of borings and wells, and the use of those borings and wells for the introduction of compounds to facilitate bioremediation. Prior to the installation of any new equipment on the Property, EMC and Owner shall work together to determine the appropriate location for the new equipment. Owner agrees to cooperate with EMC, including the execution of additional documents, if necessary, in order to obtain permits or other documents from a government agency required to install, abandon or remove EMC's equipment. 2. PERFORMANCE OF THE WORK EMC agrees, at its sole cost and expense, to conduct and perform the Work in a prompt, safe, efficient and workmanlike manner and in compliance with all applicable federal, state or local laws, regulations or ordinances. -1- (82107) EPG rev. 02/09/2010 12-3374/82107 ' Attachment 1 0 Station No.: 9-8474 3. TERM This Agreement shall terminate upon the earlier of three (3) years from the Effective Date (defined below) or upon completion of the Work. The Agreement can be renewed at EMC's option for additional three (3) year periods by providing written notice to Owner. 4. RESTORATION If entry onto the Property by EMC, or exercise by EMC of any of its rights or obligations under this Agreement, result in any physical damage to the Property, EMC shall, promptly repair and restore the portions of the Property damaged to substantially the same condition as existed prior to the damage or exercise of such right or obligation. 5. INDEMNITY EMC hereby agrees to protect, defend, indemnify and hold harmless Owner, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, including those resulting from death or injury to EMC's employees and damage to EMC's property, arising directly or indirectly out of the obligations or operations herein undertaken by EMC, caused in whole or in part by any negligent act or omission of EMC, any EMC subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or sole willful misconduct of the Owner. EMC will conduct all defense at its sole cost and expense and Owner shall approve selection of EMC's counsel, which approval shall not be unreasonably withheld. Owner shall be reimbursed for all costs and attorney's fees incurred by Owner in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by EMC. 6. INSURANCE EMC and its consultants shall meet the insurance requirements set forth in Exhibit "B" attached hereto and incorporated herein. In lieu of insurance coverage, EMC maintains a self-administered claims program with respect to its duties hereunder. Owner acknowledges that EMC has met the insurance requirements of Exhibit `B" by providing Owner with the statement of self-insurance attached hereto as Exhibit "C". 7. LIENS EMC shall discharge at once or bond or otherwise secure against all liens and attachments that are filed in connection with the Work, and shall indemnify and save Owner and the Property harmless from and against any and all loss, damage, injury, liability and claims thereof resulting directly from such liens and attachments. (82107) EPG rev. 02/09/2010 12-3374/82107 10 Attachment 1 Station No.: 9-8474 8. NOTICES Any notices required to be made under this Agreement shall be made in writing to the address of the appropriate party as set forth below. All such notices shall be deemed to have been duly given and received upon mailing, delivery by courier or personal delivery service, or by email, provided that email delivery shall be effective when the sender has received an electronic confirmation of delivery. Parties may alter or modify their notice address by delivery of written notice pursuant to the terms of this Agreement. To EMC: Chevron Environmental Management Company Marketing Business Unit 145 S. State College Blvd. Brea, CA 92821 Attn.: Sharon Vasquez, Property Specialist, SS # 9-8474 Phone: (714) 371-3262 Email: SharonVasquez@Chevron.com To Owner: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn.: Mr. Mike Green Phone: (714) 536-5224 Email: Michael. Green@surfcity-hb.org 9. REPORTS Each party shall promptly provide the other with copies of all final reports, laboratory test results, and other communications submitted to a government agency regarding the Work performed on the Property. 10. APPLICABLE LAW This Agreement shall be interpreted, and any dispute arising hereunder shall be resolved, in accordance with the substantive laws of the State of California, without reference to choice of law rules. 11. ALTERNATIVE DISPUTE RESOLUTION (ADR) If a dispute arises between the parties relating to this Agreement, the parties agree to use the following procedure prior to pursuing other legal remedies: (a) A meeting among the parties shall promptly be held in California, attended by individuals with decision -making authority regarding the dispute, who will attempt in good faith to negotiate a resolution of the dispute. (b) If within fifteen (15) days after the meeting, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation -3- (82107) EPG rev. 02/09/2010 12-3374/82107 Attachment 1 Station No.: 9-8474 using a mediator who is mutually acceptable, and to bear equally the costs of the mediation. (c) The parties agree to participate in good faith in the mediation process related to their dispute for a period of thirty (30) days from the commencement of mediation. If the parties are not successful in resolving the dispute through mediation, then: (1) if both parties agree, they may submit the matter to a binding arbitration or a private adjudicator, or (2) either party may initiate litigation upon ten (10) days advance written notice to the other party. 12. COUNTERPARTS This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. 13. INTEGRATION This document represents the entire agreement between the parties. The parties acknowledge that this Agreement supersedes and replaces any and all prior agreements between the parties regarding the subject matter herein. No modification of the terms hereof shall be effective unless in writing and duly executed by the authorized representatives of the respective parties. 14. NO ADMISSION OF LIABILITY The parties acknowledge and agree that neither this Agreement, the act of entering into it, nor any act or omission pursuant hereto shall be construed as an admission of any nature. 15. COMPLIANCE WITH LAWS Throughout the term of this Agreement, EMC and Owner shall at all times comply fully with all applicable laws, ordinances, rules, and regulations of any governmental agency having jurisdiction over the Property. -4- (82107) EPG rev. 02/09/2010 12-3374/82107 0 Attachment 1 0 Station No.: 9-8474 16. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Owner shall promptly notify EMC of any transfer of its interest in the Property and shall provide a copy of this Agreement to any and all transferees. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective as of the last date set forth below. EMC: CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation Dated: DeU-6cr- 13 , 2012 Dated: ��bru ��y i `� 2013 (82107) By: Q Name: i� vl Its: + 5c> cre a r M z%=ee_ Mayor 4� 01 1-��Ijygoo ty Clerk INIT PROVED "Directornomic Development -5- ASS TO FORM City Attor0ey f--X fl�Z�l��� EPG rev. 02/09/2010 12-3374/92107 • • Attachment 1 Station No.: 9-8474 EXIIIBIT "A" TAX ASSESSOR'S MAP DEPICTING LOCATION OF THE PROPERTY -6- (82107) EPG rev. 02/09/2010 12-3374/82107 11 • .5 fwp o rnt -r evens ���(ssw oE,e. nwrasis sa.. w LfII<cm MCIIlffN 11 Tn tEf !n AnSA Mrs. /sues Asr t/,ea/rr Ent ow oses. !or ra x MMOeIALN. Y! olYNK MSEA![P ' araralmE erlNCE tYYn .ssessd raa a C 1 BEACH B e A] N w 0 Attachment 1 POR. SE 114, NE 114. SEC. 35, T 5 S. R 11 N 159-03 U57-34 I•.Ioo' - BOULEVARD 4 fAtWrw'4V IfACNI ,e P. A e TRACT iArlIELT R Y.. 7f-♦ E !M-DJ-Il5-I[I 4 I. II3 W. O +�"r R O A K M-f Mt nae lee O 031 155 3B O sm.cltr i e••r• E4VAe k ALL£Y q k y i A s-/s TR�9CT I qq; .1J 3 ! STEEP LAAC S (D y �� r J OL 41 AKlAM i t AA 157-35 AURCN 1973 TRACT ND. 799 M.M. 24-18 NOTE - ASSESSOR'S BLOCK 6 ASSESSOR'S NAP TRACT AO. BTE3 N.M. 319-46. 47 PARCEL WAVERS Boa 159 PACE 0 PARCEL AAUP P.M. 76-4. 155 38 SHOW 1N CIRCLES COUNTY OF ORANGE Attachment 1 10 Station No.: 9=8474 EXHIBIT "B" OWNER'S INSURANCE REOUIREMENTS EWE (82107) EPG rev. 02/09/2010 12-3374/92107 Attachment 1 r� rr®ss CITY OF HUNTINGTON BEACH Phone:714-374-5378 Fax:714-536-5212 Insurance Requirements vary for different applicants. Please see the below listed applicant types followed by the insurance requirements. City of Huntington Beach Resolution 2008-63 requires that contractors, permittees; licensees/lessees and vendors have an approved Certificate of Insurance on file with the City of Huntington Beach for the issuance of any permit or city contract. The insurance certificate must be approved by the City Attorney's Office as to meeting all of the city's insurance requirements. An original certificate is required or a PDF version attached to an email may be forwarded. If the insurance certificate is faxed, it must come directly from the insurance provider to the City of Huntington Beach. All insurance must be from a California admitted carrier with a current A.M. Best's Rating of no less than A:VII 1. CONTRACTORS — Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding. Requirements: General Liability, Workers' Compensation Auto Liability, Additional insured Endorsements 2. DESIGN PROFESSIONALS- Professional Service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Requirements: Errors and Emissions (Professional Liability) $1, 000, 000 coverage 3. LICENSEES/LESSEES — any person or entities who make contract with the city for the use of public property. Requirements: General Liability, Workers' Compensation Property Insurance (full replacement costs with no coinsurance penaltyprovision), AdditionallnsuredEndorsement 4. PERNIITEES — any persons or entities who make application to the City for any use of encroachment upon any street, waterway, pier, or City property, Requirements: General Liability, Workers' Compensation Auto Liability, Additional Insured Endorsements 5. PROFESSIONAL SERVICES — means those services, which involve the exercise of professional discretion and independent judgment on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code Section 3.02. Such Services shall include but not be limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. Requirements: Errors and Emissions (Professional Liability) $1, 000, 000 coverage Private Property Work.Permit Requirements — If the planned work does not involve public property or its right-of-way (e.g. sidewalk/street), the Workers' Compensation Certificate is the only insurance requirement; However, if the work site is adjacent or attached to public property, the City Attorney's Office must be informed for consideration of liability and decides whether or not to approve the certificate with a specific "Private Property Only" approval stamp. Attachment 1 ; yff ➢ General Liability (GIL) - The general liability requirement is for $1,000,000 with "per occurrence" type claims coverage and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. (see below for Additional Insured requirements) ➢ Additional Insured Endorsement Requirements - The City, its officers, elected or appointed officials, employees, agents and volunteers are to be specifically named and covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by.or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees. The endorsement should include the policy number it correlates to. ➢ Primary Insurance -- General Liability Insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees. Any insurance or self-insurance maintained by the City, its agents, officers, -and employees shall be excess of the submitted insurance and shall not contribute with it. ➢ Description of work - The staff contact and purpose of the evidence of coverage must be identified on the certificate of insurance. ➢ Automotive Insurance - Automobile insurance requirement is for $1,000,000 and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. Permittees who do not use vehicles or equipment in connection with the permit can request to waive the Auto insurance requirement. ➢ Worker's Compensation Insurance (W/C) - The Worker's Compensation insurance requirement is the State statutory limits of $250,000 bodily injury by disease, policy limit, and $100,000 bodily infiuy each employee for accident or disease per occurrence. Certificate holder fisted on the certificate is: City of Huntington Beach, 2000 Main St., Huntington Beach, CA 92648. If your organization/company has no compensated employees working on the project, you may complete and return a "Non -Employer Status" form to be used in lieu of a W/C insurance certificate. ➢ Cancellation Clause Notice - The cancellation clause must contain a thirty (30) day notice. A ten (10) day notice for non-payment of premium is acceptable in combination with 30 day notice. ➢ Professional Liability - Coverage must be provided at a minimum of $1,000,000 per occurrence and in the aggregate. ➢ Deductibles- The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested (No allowances for SIR) o General Liability - $5,000 o Auto Liability - $1,000 o Professional Liability/Errors & Emissions - $10,000. ➢ Waiver Procedure - If unable to comply with a requirement, the "INSURED" may request a waiver of a specific requirement. The Insurance Waiver form is an internal form that the City of Huntington Beach will complete. (see following page for waiver form) The exception to the waiver /s the GIL & Auto "Additional Insured Endorsement"page. Attachment 1 rr Waiver Procedure To request a waiver, indicate here[] and provide a brief description ( 1— 2 sentences) of the proposed worklproject, its dollar value (if not a specific dollar amount, use an average, annual estimate or non-profit) and projected timeframe (per job or as -needed basis). For substantial dollar deductible/SIR amounts, a financial statement is required (Balance Sheet, Budget Reports, Dun & Bradstreet Report,. etc.). Waiver Requested: Encroachment Permit[] Other: Proposed Work: Dollar Value: Projected Timefi-ame: Private Property Work Permit[] Consultant Services[] Attachment 1 Station No.: 9-8474 EXHIBIT "C" EMUS SELF-INSURANCE LETTER -s- (82107) EPG rev. 02/09/2010 12-3374/82107 Attachment 1 EXHIBIT INCII Umax D. R.yness Assistant Treasurer Inikance Division June 6,:2012 City of.Huntington Bead, 2000 Main Street Huntington Beach, CA 92648 Site Acem Agreement between Chevron Environmental -Management Cornpiany:and City of Huntington Beach for Preanises lAcated at 18477 .Beach Blvd., Hunting" Beach, CA Chevron Station N4. 9-9414 Dear Sir/Madam: Treasury impartment Chevron Corporation 5XI 00111nq&Ca0yon Rd., A2.104 San, Ramon, CA 94583 Tel 925 842 8136 Fax 925 842 6W7 JALyne"chevron.4om Chevron Corporatiwand its subsidiaries.are covered for property and liability exposures through major worldwide insurance orograms with large deductibles. Losses diaffall Ny " in these deductible levels, including those for Which -a Chevron company is contractually liable. are paid through the financial resources of the Company and are administered by Chevron Corporation under its SelfAdministered ClaimsProgram, hereinafter referred to as the Program. This is to advise you that the propertylliability insurance requirements of the subject agreement fall within the deductible levels of Chevron's. insurance programs. Therefore, losses for which'Chevron is responsible under the agreemt will be handled udder the above -described Program. The: scope of th is Program is.equal to:.the insurance.requirements of the subject agreement.. WeAuther-advise you :that Workers' Compensation insurande re4ilincmena for Chevron companics are satisfied through insured/self-insured -progams depending upon the -location of the.employee's workplace. U. S. Longshore and .Harbor Workers' Act coverage is self -insured Unless canceled earlier, this letter will remain in effect untt7 the expiration or earlier termination of the. subject agreement (or any renewal thereo fl. If this program is canceled or materially changed, we will provide you with 30 days' written notice. Sincerely, r lames D. L)ess cc: April Rutter itAW/bjb O'%'MMWRYIAHARElINSURANCEWI$K INWGEM'1MWORDISACMC" QF HUNTINGTON BEACH 66,12DOC • Chevron Sharon Vasquez Property Specialist, Claims and Agreements —West VIA FEDEX OVERNIGHT DELIVERY January 30, 2017 Mr. Michael Green Real Property Coordinator City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Re: Reinstatement and First Amendment to Site Access Agreement Real Property: 18477 Beach Boulevard, Huntington Beach, California Chevron Station No. 98474: 18501 Beach Boulevard, Huntington Beach, California Dear Mr. Green: Enclosed please find for your handling two duplicate originals of the Reinstatement and First Amendment to Site Access Agreement ("First Amendment") entered into by and between Chevron Environmental Management Company ("EMC") and City of Huntington Beach ("Owner"), as it pertains to the above -referenced property. The First Amendment has been executed by a corporate officer of EMC. Upon execution of the First Amendment by Owner, please return one fully -executed original to my attention. A pre- paid self-addressed envelope is enclosed for your convenience. Thank you for your cooperation and assistance in this matter. Sincerely, 0, ?l Sharon Vasquez Enclosures Chevron Environmental Management Company Marketing Business Unit 145 South State College Boulevard, Brea, CA 92821-5833 Tel 714 671 3262 Mobile 714 329 5206 Fax 714 671 3440 SharonVasquez@ chevron.com Attachment 2 Map of Access Agreement Area Item 7. - 19 HB -60- City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachea.gov Office of the City Clerk Robin Estanislau, City Clerk February 23, 2017 Chevron Environmental Management Company Marketing Business Unit ATTN: Sharon Vasquez, Property Specialist SS# 9-8474 145 S. State College Blvd. Brea, CA 92821 Dear Ms. Vasquez: Enclosed is a duplicate original of the fully executed "Reinstatement and First Amendment to Site Access Agreement." Sincerely, Robin Estanislau, CMC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand Dept. ID ED 13-03 Page 1 of 2 Meeting Date: 2J1912013 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION =: 2/19/2013 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Assistant City Manager SUBJECT: Approve and authorize execution of a Site Access Agreement between the City and Chevron Environmental Management Company (EMC) to conduct environmental work Statement of Issue: Council is asked to approve a Site Access Agreement between the City of Huntington Beach and Chevron Environmental Management Company (EMC) granting EMC access rights to City owned property to conduct .environmental work under the oversight and direction of the Orange County Health Care Agency (OCHCA). Financial Impact: None Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Site Access Agreement" with Chevron Environmental Management Company (EMC). Alternative Action(s): Do not approve the Site Access Agreement and direct staff accordingly. Analysis: Chevron Environmental Management Company (EMC) is requesting access to the City owned property located at 18477 Beach Boulevard adjacent to Denny's Restaurant to perform environmental work under the oversight and direction of the OCHCA. EMC is currently conducting environmental remediation work at the Chevron gas station facility located at 18501 Beach Boulevard, directly south of the City owned property. At the direction of the OCHCA, EMC has requested permission to conduct environmental work, such as the installation, maintenance, inspection, replacement, periodic sampling, and abandonment of boring wells and the use of those boring wells for the introduction of compounds to facilitate bioremediation, on the City owned property. The Site Access Agreement ensures the City is properly indemnified and held .harmless against any claims or liabilities resulting from any environmental work performed by EMC and its subcontractors on the City owned property. The City Attorney has reviewed the agreement and approved. Staff recommends approval of the agreement, as this work is necessary to help protect the environment. Item 5. - I HB -104- Dept. ID ED 13-03 Page 2 of 2 Meeting Date: 2/19/2013 Environmental Status: EMC is performing environmental remediation work under the oversight of the OCHCA. Strategic Plan Goal: Improve the City's Infrastructure. Attachment(s): 1. "Site Access Agreement" between the Chevron Environmental Management Company and the City of Huntington Beach HB -105- Item 5. - 2 f ATTACHMENT Item 5. - 3 HB -106- Station No.: 9-8474 SITE ACCESS AGREEMENT THIS SITE ACCESS AGREEMENT ("Agreement") is entered into by and between CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation ("EMC'), and CITY OF HUNTINGTON BEACH ("Owner"). RECITALS A. Owner holds record title to certain real property located at 18477 Beach Boulevard, in the City of Huntington Beach, County of Orange, State of California, APN 159-031-16, as depicted on Exhibit "A" attached hereto and incorporated herein (the "Property"); B. EMC's affiliate, Chevron U.S.A. Inc. or its dealer, operates a retail service station at 18501 Beach Boulevard, commonly referred to as Service Station No. 9-8474; C. EMC seeks Owner's authorization to access the Property to conduct the Work, as defined in Paragraph 1 (Rights Granted) below; and D. Owner is willing to grant EMC access to the Property for the above -described purposes. TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the mutual covenants and promises herein, the parties hereby agree as follows: 1. RIGHTS GRANTED Owner hereby grants to EMC, its employees, agents, representatives, consultants and contractors, a license over, under and across the Property for the purpose of performing environmental work under government agency oversight or direction (the "Work"). Said Work shall be limited to the installation, maintenance, inspection, replacement, periodic sampling, and abandonment of borings and wells, and the use of those borings and wells for the introduction of compounds to facilitate bioremediation. Prior to the installation of any new equipment on the Property, EMC and Owner shall work together to determine the appropriate location for the new equipment. Owner agrees to cooperate with EMC, including the execution of additional documents, if necessary, in order to obtain permits or other documents from a government agency required to install, abandon or remove EMC's equipment. 2. PERFORMANCE OF THE WORK EMC agrees, at its sole cost and expense, to conduct and perform the Work in a prompt, safe, efficient and workmanlike manner and in compliance with all applicable federal, state or local laws, regulations or ordinances. -1- (82107) 12-3374/82107 EPG rev. 02/09/2010 Station No.: 9-8474 3. TERM This Agreement shall terminate upon the earlier of three (3) years from the Effective Date (defined below) or upon completion of the Work. The Agreement can be renewed at EMC's option for additional three (3) year periods by providing written notice to Owner. 4. RESTORATION If entry onto the Property by EMC, or exercise by EMC of any of its rights or obligations under this Agreement, result in any physical damage to the Property, EMC shall promptly repair and restore the portions of the Property damaged to substantially the same condition as existed prior to the damage or exercise of such right or obligation. 5. INDEMNITY EMC hereby agrees to protect, defend, indemnify and hold harmless Owner, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, including those resulting from death or injury to EMC's employees and damage to EMC's property, arising directly or indirectly out of the obligations or operations herein undertaken by EMC, caused in whole or in part by any negligent act or omission of EMC, any EMC subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or sole willful misconduct of the Owner. EMC will conduct all defense at its sole cost and expense and Owner shall approve selection of EMC's counsel, which approval shall not be unreasonably withheld. Owner shall be reimbursed for all costs and attorney's fees incurred by Owner in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by EMC. 6. INSURANCE EMC and its consultants shall meet the insurance requirements set forth in Exhibit "B" attached hereto and incorporated herein. In lieu of insurance coverage, EMC maintains a self-administered claims program with respect to its duties hereunder. Owner acknowledges that EMC has met the insurance requirements of Exhibit "B" by providing Owner with the statement of self-insurance attached hereto as Exhibit "C". 7. LIENS EMC shall discharge at once or bond or otherwise secure against all liens and attachments that are filed in connection with the Work, and shall indemnify and save Owner and the Property harmless from and against any and all loss, damage, injury, liability and claims thereof resulting directly from such liens and attachments. -2- (82107) 12-3374/82107 EPG rev. 02/09/2010 Station No.: 9-8474 8. NOTICES Any notices required to be made under this Agreement shall be made in writing to the address of the appropriate party as set forth below. All such notices shall be deemed to have been duly given and received upon mailing, delivery by courier or personal delivery service, or by email, provided that email delivery shall be effective when the sender has received an electronic confirmation of delivery. Parties may alter or modify their notice address by delivery of written notice pursuant to the terms of this Agreement. To EMC: Chevron Environmental Management Company Marketing Business Unit 145 S. State College Blvd. Brea, CA 92821 Attn.: Sharon Vasquez, Property Specialist, SS # 9-8474 Phone: (714) 371-3262 Email: SharonVasquez@Chevron.com To Owner: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn.: Mr. Mike Green Phone: (714) 536-5224 Email: Michael.Green@surfcity-hb.org 9. REPORTS Each party shall promptly provide the other with copies of all final reports, laboratory test results, and other communications submitted to a government agency regarding the Work performed on the Property. 10. APPLICABLE LAW This Agreement shall be interpreted, and any dispute arising hereunder shall be resolved, in accordance with the substantive laws of the State of California, without reference to choice of law rules. 11. ALTERNATIVE DISPUTE RESOLUTION (ADR) If a dispute arises between the parties relating to this Agreement, the parties agree to use the following procedure prior to pursuing other legal remedies: (a) A meeting among the parties shall promptly be held in California, attended by individuals with decision -making authority regarding the dispute, who will attempt in good faith to negotiate a resolution of the dispute. (b) If within fifteen (15) days after the meeting, the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation -3- (82107) 12-3374/82107 EPG rev. 02/09/2010 Station No.: 9-8474 using a mediator who is mutually acceptable, and to bear equally the costs of the mediation. (c) The parties agree to participate in good faith in the mediation process related to their dispute for a period of thirty (30) days from the commencement of mediation. If the parties are not successful in resolving the dispute through mediation, then: (1) if both parties agree, they may submit the matter to a binding arbitration or a private adjudicator; or (2) either parry may initiate litigation upon ten (10) days advance written notice to the other party. 12. COUNTERPARTS This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. 13. INTEGRATION This document represents the entire agreement between the parties. The parties acknowledge that this Agreement supersedes and replaces any and all prior agreements between the parties regarding the subject matter herein. No modification of the terms hereof shall be effective unless in writing and duly executed by the authorized representatives of the respective parties. 14. NO ADMISSION OF LIABILITY The parties acknowledge and agree that neither this Agreement, the act of entering into it, nor any act or omission pursuant hereto shall be construed as an admission of any nature. 15. COMPLIANCE WITH LAWS Throughout the term of this Agreement, EMC and Owner shall at all times comply fully with all applicable laws, ordinances, rules, and regulations of any governmental agency having jurisdiction over the Property. -4- (82107) 12-3374/82107 EPG rev. 02/09/2010 Station No.: 9-8474 16. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. Owner shall promptly notify EMC of any transfer of its interest in the Property and shall provide a copy of this Agreement to any and all transferees. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective as of the last date set forth below. EMC: Dated: 13t:U-6c(' 1 OWNER: CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation 2012 n By: Name: rt rt=�..3 Its: ASS +S t �, �• Sc c: e Dated: �Gf arc c �r I `� , 2013 INITZWPROVED Director of Economic Development APP OVED AS TO FORM C'LL ),")A - City Atto l ey (_A- (82107) 12-3374/82107 EPG rev. 02/09/2010 Station No.: 9-8474 EXHIBIT "A" TAX ASSESSOR'S MAP DEPICTING LOCATION OF THE PROPERTY -6- (82107) 12-3374/82107 EPG rev. 02/09/2010 POR. SE 114, NE 114. SEC. 35, T 5 S, R 11 W PRIS. MAP' MAS PREPAREDFOR ORANGE ONLY. 159-03 COUNPY ASSE550A DEPH. PURPOSES PNE ASSESSOR MANES. NO' GUARANTEE AS TO ] PS ACCURAC% NOR. ASSUMES ANY LIABILITY EDR. OTHER USES, NOT TO BE REPRODUCED. ALL Rd.'R.I.GM RESERVED'. - ALLO.0R-168-TS.i ORANGE CDfLVFY ASSESSOR 2008 p j 157_35 157-34 1" = 100, 0 - o BOULEVARD _ BEACH _ i 9 --q_ r(HONrINGTON BEACN) T Q g " w Lo ❑o.,r .ro• a4. 44LO- TRACT Lo' PROJECT P.M. 76 - 4 930-03-435-463 fWR. Ij / _ NPAR.@ 1 ; w 22 g PF n a 1.143 AC. R. S. !l2-3B IQ na e IB �. . m P. M. /4-8 c �� m . a PAR. 18 P W m 031 155-38 "- ` e c ® u 8 rfo.Ae' C40AC. �> ALLEY R /3 6.296 AGlcJ a I , P. w 6-15 » /I S1 I2 `W LOTI 1 738-29 TRACT rzu 15 k 14 u n I1 � ss• 13 Q 8I ti1i7 ' 394AC. 1 1�'�' tf,t' cars' I � STEEP LANE � aaY' TV• O + 91ei• N0799 34' B 6F7- 3 O NO..8183 .,• .9' � /all9' r � Leses• x'�zel 40' — aces Q FRANA'LJN ORIV£ 04 MARCH 1973 TRACT NO. 799 M.M. 24-18 NOTE - ASSESSOR'S BLOCK B ASSESSOR'S MAP TRACT NO. 81B3 M.M. 329-46, 47 PARCEL NUMBERS BOOK 159 PAGE 03 PARCEL MAP P.M. 76-4, 155 38 SHOWN IN CIRCLES COUNTY OF ORANGE Station No.: 9-8474 EXHIBIT "B" OWNER'S INSURANCE REQUIREMENTS -7- (82107) 12-3374/82107 EPG rev. 02/09/2010 WV 011% U9 CITY OF HUNTINGTON BEACH Phone:714-374-5378 Fax:714-536-5212 Insurance Requirements vary for different applicants. Please see the below listed applicant types followed by the insurance requirements. City of Huntington Beach Resolution 2008-63 requires that contractors, permittees; licensees/lessees and vendors have an approved Certificate of Insurance on file with the City of Huntington Beach for the issuance of any permit or city contract. The insurance certificate must be approved by the City Attorney's Office as to meeting all of the city's insurance requirements. An original certificate is required or a PDF version attached to an email may be forwarded. If the insurance certificate is faxed, it must come directly from the insurance provider to the City of Huntington Beach. All insurance must be from a California admitted carrier with a current A.M. Best's Rating of no less than A:VII 1. CONTRACTORS — Any persons or entities or Contract with the City and/or provide service to the City which are readily available and efficiently procured by competitive bidding. Requirements: General Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 2. DESIGN PROFESSIONALS- Professional Service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Requirements: Errors and Emissions (Professional Liability) $1, 000, 000 coverage 3. LICENSEES/LESSEES — any person or entities who make contract with the city for the use of public property. Requirements: General Liability, Workers' Compensation, Property Insurance (full replacement costs with no coinsurance penalty provision), Additional Insured Endorsement 4. PERMITEES — any persons or entities who make application to the City for any use of encroachment upon any street, waterway, pier, or City property. Requirements: General Liability, Workers' Compensation, Auto Liability, Additional Insured Endorsements 5. PROFESSIONAL SERVICES — means those services, which involve the exercise of professional discretion and independent judgment on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to Huntington Beach Municipal Code Section 3.02. Such Services shall include but not be limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. Requirements: Errors and Emissions (Professional Liability) $1, 000, 000 coverage Private Property Work.Permit Requirements — If the planned work does not involve public property or its right-of-way (e.g. sidewalk/street), the Workers' Compensation Certificate is the only insurance requirement. However, if the work site is adjacent or attached to public property, the City Attorney's Office must be informed for consideration of liability and decides whether or not to approve the certificate with a specific "Private Property Only" approval stamp. ➢ General Liability (G/L) — The general liability requirement is for $1,000,000 with "per occurrence" type claims coverage and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. (see below for Additional Insured requirements) ➢ Additional Insured Endorsement Requirements — The City, its officers, elected or appointed officials, employees, agents and volunteers are to be specifically named and covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by .or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its agents, officers and employees. The endorsement should include the policy number it correlates to. ➢ Primary Insurance — General Liability Insurance coverage shall be primary insurance as respects the City, its agents, officers, and employees. Any insurance or self-insurance maintained by the City, its agents, officers, and employees shall be excess of the submitted insurance and shall not contribute with it. ➢ Description of work— The staff contact and purpose of the evidence of coverage must be identified on the certificate of insurance, ➢ Automotive Insurance — Automobile insurance requirement is for $1,000,000 and a separate "Additional Insured Endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. Permittees who do not use vehicles or equipment in connection with the permit can request to waive the Auto insurance requirement. ➢ Worker's Compensation Insurance (WIC) — The Worker's Compensation insurance requirement is the State statutory limits of $250,000 bodily injury by disease, policy limit, and $100,000 bodily inflny each employee for accident or disease per occurrence. Certificate holder listed on the certificate is: City of Huntington Beach, 2000 Main St., Huntington Beach, CA 92648. If your organization/company has no compensated employees working on the project, you may complete and return a "Non -Employer Status" form to be used in lieu of a W/C insurance certificate. ➢ Cancellation Clause Notice — The cancellation clause must contain a thirty (30) day notice. A ten (10) day notice for non-payment of premium is acceptable in combination with 30 day notice. ➢ Professional Liability— Coverage must be provided at a minimum of $1,000,000 per occurrence and in the aggregate. ➢ Deductibles— The following deductibles are acceptable and all others must be removed from the insurance policy or a waiver can be requested (No allowances for SIR) : o General Liability - $5,000 o Auto Liability - $1,000 o Professional Liability/Errors & Emissions - $10,000 ➢ Waiver Procedure —If unable to comply with a requirement, the "INSURED" may request a waiver of a specific requirement. The Insurance Waiver form is an internal form that the City of Huntington Beach will complete. (see following page for waiver form) The exception to the waiver is the G/E & Auto "Additional Insured Endorsement" page. CV R49 VB Waiver Procedure To request a waiver, indicate here❑ and provide a brief description ( 1— 2 sentences) of the proposed work/project, its dollar value (if not a specific dollar amount, use an average, annual estimate or non-profit) and projected timeframe (per job or as -needed basis). For substantial dollar deductible/SIR amounts, a financial statement is required (Balance Sheet, Budget Reports, Dun & Bradstreet Report,. etc.). Waiver Requested: Encroachment Permit0 Other: Proposed Work: Dollar Value: Projected Timeframe: Private Property Work PermitO Consultant Services❑ Station No.: 9-8474 EXHIBIT "C" EMUS SELF-INSURANCE LETTER -s- (82107) 12-3374/82107 EPG rev. 02/09/2010 ]awes D. Lyness Awlstant Treasurer Insurance division City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Site Aceess Agreement between Chevron Environmental Management Company and City of Huntington Beach for Promises Located at 18477 Beach Blvd.., Huntington Beach, CA Chevron Station No. 9-9474 Dear Sir/Madam: Treasury Department Cheymn Corporation 6-DOI [Boll!n9& Cany4m Rd,, A2 04 San Ramon, CA 94583 Tel 925 642 8136 Pax 925 842 6007 JALymss@chevron.com Chevron Corporation and its subsidiaries are covered for property and liability exposures through major worldwide insurance programs with large deductibles. Losses that fall within these deductible levels, including those for which a Chevron company is contractually liable, are paid through the financial resources of the Company and are administered by Chevron Corporation under its Self -Administered Claims Program, hereinafter referred to as the Program. This is to advise you that the property/liability insurance requirements of the subject agreement fall within the deductible levels of Chevron's insurance programs. Therefore, losses for which Chevron is responsible under the agreement will be handled under the above -described .Program. The scope of th is Program is equal to the insurance requirements of the subject agreement.. We further advise you that Workers' Compensation insurance requirements for Chevron companies are satisfied through insured/self-insured programs depending upon the location of the employee's workplace. U. S. Longshore and .Harbor Workers' Act coverage is self -insured. Unless canceled earlier, this letter will remain in effect until the expiration or earlier termination of the. subject agreement (or any renewal thereof). If this program is canceled or materially changed, we will provide you with 30 days' written notice. Sincerely, (Z James D �Less cc: April Rutter RZAW/bjb O:%TREASURYISHAREVNSURANCEIRISK MANAGEMEPMWORpfSACLSICITY OF HUNTINGTON BEACH 6.6,12.000 su + iiy INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST e • 1. Requested by: Luis Gomez 2. Date: 1/28/2013 3. Name of contractor/permittee: Chevron Environmental Management Company 4. Description of work to be performed: Place boring wells on City owend property 5. Value and length of contract: $0 6. Waiver/modification request: Self -insured 7. Reason for request and why it should be granted: Chevron is a multination company with strong balance sheet.. 8. Identify the risks to the City in approving this waiver/modification: The work to be performed on City owned property is low risk (install boring wells). Head Signature 2 E�/ 1_2 Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required, fora request to be.granted. Approval.:from the City Administrator's Office is only required if Risk'Management'and t J� City Attorney's'Office .disagree. � 1. isk Management ` , f ` Approved ❑ Denied Signature Date 2. City Attorney's Office ❑ >U�Pproved De Sig ature Date 3. City Manager's Office ❑ Approved ❑ Denied Signature Date If approved, the completed waiver/modification request'is to be submitted`to the City Attorney's ,Office along with .the contract°for approval,. Once the contract has,been approved, this form is to be filed with the Risk Management Division of Human Resources Insurance Waiver Form 1/28/2013 11:22:00 AM December 20, 2012 VIA FEDEX OVERNIGHT DELIVERY Mr. Michael Green Economic Department City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Linda Villanueva Environmental & Safety Law Group Legal Assistant Chevron Law Department Chevron Corporation 145 S. State College Blvd. Brea, California 92821 Tel 714 671 3293 Fax 714 671 3442 LVillanueva@chevron.com RECEIVED CITY OF HUNTINGTON BEACH JAN 1 2013 DEPARTMENT OF ECONOMIC DEVELOPMENT Re: Site Access Agreement Your Real Property: 18477 Beach Blvd., Huntington Beach, CA Chevron Station No. 9-8474: 18501 Beach Blvd., Huntington Beach, CA Dear Mr. Green: On behalf of Ms. April Rutter, enclosed please find for your handling, duplicate originals of the Site Access Agreement (the "Agreement") between the City of Huntington Beach and Chevron Environmental Management Company ("CEMC" ), as it pertains to the above -referenced property. Please note that the Agreement has been executed on behalf of an authorized representative of CEMC. Once the Agreement has been countersigned by all parties, kindly send one fully executed original to Ms. Rutter's attention at the address indicated below: Ms. April Rutter, Paralegal Chevron Law Department Chevron Corporation 145 South State College Blvd., Suite 400 Brea, California 92821 Thank you very much for your cooperation and assistance in this matter. Very truly yours, C Xinda Villanueva Enclosure cc: April Rutter — Chevron Corporation (w/Encl. ) (49-8474 Site Access Agreement City of Huntington Beach —Cover Letter.doc) City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Joan L. Flynn, City Clerk February 21, 2013 Ms. April Rutter, Paralegal Chevron Law Department Chevron Corporation 145 South State College Blvd., Suite 400 Brea, CA 92831 Re: Site Access Agreement — 18477 Beach Blvd., Huntington Beach, CA Dear Ms. Rutter, Enclosed for your records is a fully executed copy of the Site Access Agreement between the City of Huntington Beach and Chevron Environmental Management Company (CEMA) for the above -referenced property. This is being forwarded to your attention at the request of Linda Villanueva, Legal Assistant with CEMA. Sincerely, Jn L. FI nn, CMC Y _. City Clerk J F/rl Encl. Site Access Agreement Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand