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HomeMy WebLinkAboutHUNTINGTON BEACH CO. - 1971-08-01rr01 J BIZ/ 'Y f ORIGINAL COPY for Master File g T I TURN _ s'Vo T CITY CLERK A S S I G N M E N T THIS ASSIGNMENT, dated the 1st day of August, 1971, by and between. HUNTINGTON BEACH COMPANY, a corporation (hereinafter referred to as "Assignor"), and the CITY OF HUNTINGTON BEACH, a municipal corporation (hereinafter referred to as "Assignee"): W I T N E S S E T H: That, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and,sufficiency of which are hereby acknowledged, and of the mutual covenants and agreements of the parties hereto as hereinafter provided:. 1. Assignor does hereby grant, assign, transfer and convey unto Assignee, all of Assignors right, title and interest in and to all.wells, casing, pipelines and other equipment used in the operation of said wells presently situated on the property described as follows: That certain land containing 11.70 acres, more or less, known as Lots 1 through 22, inclusive, of Block 2002, Lots 1 through 6 inclusive, and Lots 8 and 10 of Block 2001, and Lots 2 through 14 inclusive, and Lots 16, 17, 18, 20 and 22 of Block 1903, all in Tract No. 12, as recorded in Book 9, page 13 of Miscellaneous.Maps; Records of;Orange County, California. 2. Assignor makes no.warranty with respect to its title.to said wells, casing, pipelines and other equipment, nor as to the merchantability or fitness for any particular use thereof, and Assignee accepts said wells, casing, pipeline and other equipment in their present state and condition, "as is" and "with all faults" to which same may now be subject. Assignor does warrant, however, that the title thereto is free and clear of all liens or encumbrances made, done or suffered by Assignor. ' City of Huntington Beach -2 August 1,1971. C. City shall install facilities for metering and sampling . all oil delivered _to HBCo.at the point of delivery to HBCo�s gathering lines for the purpose of measuring the quantity of oil delivered. d. ..Oil produced from said wells shall be metered continuously. and meter readings taken daily by City, with the.right in HBCo' to do the same, and adjusted in accordance -with customary practice to conform to shipping tank measurements.of the commingled oil. e. HBCo shall by proper.device and in accordance with customary methods and practices, take samples, and make tests of .the oil ,produced prior.'to commingling, and such samples and tests to be made at least monthly shall be.the basis of determining the water, sand and other foreign substance content 'of such oil. Thereafter the.oil produced from.said wells may be gathered with,.and commingled with and run to central storage tanks with oil produced from other wells and lands.: f: HBCo shall remit to City for the oil delivered hereunder the price per barrel it receives for the commingled oil under:its contract with;Standard,Oil Company.of.California, referred to in Paragraph 1 above 0 g. This agreement shall become effective, 'as .of_August 1, 197,1, and shall continue in effect -until °terminated by either party. hereto on six montht.s_prior, written notice. Please indicate your approval and acceptance of the foregoing by signing and returning the attached _copy of this letter.. 'Yours very truly, HUNTINGTONNBBEACH COMPANY By , �ic !President ACCEPTED AND AGREED TO THIS DAY OF _ , _ 19 71. CITY'OF HUNTINGTON BEACH a municipal corporation ,By 4 ci •-� ayor City Clerk STATE OF CALIFORNIA, ) ` ss. COUNTY OF_ Orange 'A °< th'O O r I[ � L SEA[, � > ! _� 7! JJNAN�lA 0 A_D A. MCD fV i ` rVOTARY PUBLIC-CALIFOR-•tIA - ORANGE Courgp( My Commission Expires Oct. 26,1973 2110 iM.ain Street, Huntington Beach, Calif. 92646 ON .T11y22j, 11971 , before me, the undersigned, a Notary Public in and for the said State, personally appeared R J. MiesckP known to me to be the JicP President, and r�T _ adw-'i n known to me to be the AGGj -,tant Secretary of _ NTTNTTNGTON P,: A CIT COMPAiVY the Corporation that executed the within Instrument, known to me to be the persons who executed the within InstrumenIn behalf of the Corporation herein- named, and acknowledged to me that such Carpo�ation uteri the within 7'*'---- NAME NT—Corp.—Pres. & Sec.—Wolcotts Form 226—Rev. STATE OF CALIFUNIA hUNTY OF ORANGE before me, a Notary Public in and for said appeared George C McCracke4,known to me to be the Mayor, an F'au� C Jones, known to me to be the City Clerk of the Municipal Corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the Municipal, .Corporation therein named, and acknowledged to me that such Municipal Corporation executed the within instrument. i WITNESS my hand and official seal. I OF e"IAL' SHM. ERNESTINA DiFAB10 to NOTARY PUBLIC-CAI-:FORNIA ORANGE COUNTY P. 0. Box 190, Huntington Beach, Calif. 92648 1% . � s T NTINGT®N ]BEACH COMPANY 2110 MAIN STREET -PHONE (714) 536-6581 HUNTINGTON BEACH, CAIAFORNIA 82646 City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Gentlemen: August 1, 1971 PRODUCTION PURCHASE AGREEMENT CIVIC CENTER SITE ORIGINAL COPY for master File 1. L U ..y i n , Please refer to Assignment dated August 1, 1971, covering the wells (hereinafter referred to as "said wells") and certain other facilities on the proposed Civic Center site and to Oil and Gas Lease dated August 1, 1971, covering the operation of these wells. This letter agreement, when fully executed and delivered to Huntington Beach Company, shall constitute an agreement between the City of Huntington Beach (hereinafter referred to as "City") and Huntington Beach Company (hereinafter referred to as "HBCo") with respect to the handling and sale of oil produced from the wells and oil and gas lease referred to above. 1. The oil production from said wells is currently being sold to Standard Oil Company of California under contract of sale with Standard dated June 18, 1969, which sales contract applies to oil produced from said wells and other wells owned by HBCo. A copy of such sales contract is attached hereto as Exhibit A. 2. It is recognized that as of the August 1, 1971 Assignment of said wells to the City, the oil produced therefrom became the property of the City, subject to the aforesaid Oil and Gas Lease dated August 1, 1971. However, it is hereby agreed that so long as the aforesaid sales contract to Standard remains in full force and effect, HBCo will continue to handle and dispose of oil production from said wells on behalf of the City subject to the following conditions: a. As to oil produced from said wells and handled pursuant to this agreement, City agrees to all conditions of "Seller" as set forth in the aforesaid sales contract of June 18, 1969, with Standard Oil. b. City shall provide oil flow lines from the said wells and deliver all oil from said wells to HBCo at HBCo's gathering lines adjacent to the City property upon which said wells are located, for transporting to HBCo's Miley -Keck tank farm where the oil may be commingled with oil, gas or other hydrocarbons from any other well or wells. 3. Assignee agrees to .operate, produce and maintain said wells in accordance with the terms, covenants and agreements of the lease attached as Exhibit B to that certain agreement dated August 1, 1971, between the parties hereto and.does also hereby indemnify Assignor against and save Assignor harmless from any damage, expense, claim, suit, loss or liability of whatsoever kind or nature and by whomsoever asserted, arising directly or indirectly from operating, producing, maintaining or abandonment of said wells, casing, pipeline and.other:equipment by Assignee. 4. All right, title and interest acquired by Assignee pursuant to this assignment shall be reassigned to Assignor in the event that Assignor exercises its election to reacquire the hereinabove described 11.70 acres of land pursuant to its election as set forth in Paragraph 8 of that certain agreement dated December 15, 1969, between the parties hereto. 5. This agreement shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement. ASSIGNEE CITY OF HUNTINGTON BEACH a municipal corporation Mayor • ATTEST: 4' City Cle` k T ' APPROVED AS TO FORM: City Attorney APPROVED: Z&2-4-�,--.,City Administrator ASSIGNOR HUNTINGTON BEACH COMPANY a corporation E By ; Vic&e/.P i By .A sistant Secretary -2- r 'STATE OF CALIFORNIA, ss. COUNTY OF— Orange I -- = r OFFICIAL SEAL. JOHAN yA A. McDONALD l l y << a ~" NOTARY PUBLIC-CALiFORNIA ORANGE COUNTY MYCornmissionExpires Oct. 26,1973 ;^ria~ r; ;;freer Huntington 5each, C~: '� J=J- alif. 910646 I • ON Jul y22, 19-71—, before me, the undersigned, a Notary Public in and for the said State, personally appeared R. J _ Mi PsrikP , known to me to be the Vice President, and CT_ .T _ nnr]Wi-n , known to me to be the Ass; stantSecretary of the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation—eNcuted the within Instrument pursuant to its by-laws or a resolution of its board -of director . /r WITNESS my hand and official sea,; NAME (TYPED OR PRINTED) Notary Public in and for said State. EDGMENT—Corp.—Pres. & sec.—Wolcotts Form 226—Rev. 3-64 STATE OF CALIFUNIA ) SS, COUNTY OF ORANGE ) C.n - A, before me a Notary Public in and for said SY e„ peric)nall.y appeased George C McCracken,known to me to be the Mayor, an Paul. CJones, known to me to be the City Clerk of the Municipal Corporation that executed the within Instrument;, known to me to be the persons who executed the within instrument on behalf of the Municipal. Corporation therein named and acknowledged to me that such Municipal Corporation executed the within instrument, WITNESS my hand and official seal y. :IA LSEAL, ?,2 ±'R, ESTINA D FAB10 "CID �.tU•;%)w d NOTAR�r P U3LIC-CALIFORNIA WANGE COUNTY y Commission ExymsJUe2j l973 P^ i9 29Ut Huntington Beach Calif., 92644 ORIGINAL. COPY for Master File MI U» T BE RETURNED TO CITY CLERK OIL AND GAS LEASE c THIS AGREEMENT, made and entered into as of the 1st day of August, 1971, between HUNTINGTON BEACH COMPANY, a corporation (hereinafter called "Lessor"), and the CITY OF HUNTINGTON BEACH, a municipal corporation (hereinafter called "Lessee"). W I T N E S S E T H: 1. The Lessor, for and in consideration of one dollar and other valuable consideration, receipt and sufficiency of which is hereby acknowledged and in consideration of the covenants and agreements contained herein, hereby grants, lets and leases exclusively unto Lessee, the real property hereinafter described for the purpose of producing, taking, removing, and disposing oil, gas, and other hydrocarbons, and all other substances produced therewith. The property covered by this lease, hereinafter referred to as "said land", is situate in the County of Orange, State of.Calif ornia, and is described as follows: "Said..land" shall consist of.separate and distinct cylindrical areas, each 18 inches in diameter, extending throughout the full length, course and distance of each of the wells assigned to Lessee by Assignment dated August 1, 1971, and situated on the land described as follows: That certain land containing 11.70 acres, more or less, known as Lots l through 22, inclusive, of Block 2002, Lots 1 through 6 inclusive, and Lots 8 and 10 of Block 2001, and Lots 2 through 14 inclusive, and Lots 16, 17, 18, 20 and 22 of Block 1903, all in Tract No. 12, as recorded in Book 9, page 13 of Miscellaneous Maps, Records of Orange County, California, 2. This lease shall remainin force from the date hereof and for so long thereafter as oil or gas is produced in paying quantities from said land, or until such time as the Lessee no longer owns the wells identified in Assignment dated August 1, 1971. 3. Lessee shall pay Lessor as royalty the market value at the well of 16-2/3 per cent of all oil, gas and other hydrocarbons produced and saved from said land; or at Lessors option, in lieu of such payment, Lessee shall deliver said royalty share in kind to the credit of Lessor into the pipelines of Lessor nearest said land to.which the wells may be connected. Lessee may use, free of royalty, oil, gas or other hydrocarbons produced from said lands in its operations hereunder. 4.. Except as otherwise.provided herein, royalty payments shall be computed and paid monthly. Lessee shall furnish to Lessor monthly written statements of the production from said land during the preceding calendar month. Royalties payable in money with respect to production from said land during any calendar month shall be paid not later than the last day of the next succeeding calendar month. If the amount estimated 'to be payable to Lessor for royalties is less than ten dollars .($10), or if the amount of oil produced dogs not justify shipments on a monthly basis, then Lessee may, upon prior written notice to Lessor, make such royalty payments and written statements, on a quarterly, semi-annual or annual basis; provided, however, all sums'theretofor accrued and unpaid shall be paid at least once each calendar year. 5. Lessee shall be liable for and agrees to indemnify Lessor against any and all losses, damages, claims, demands or actions caused by, arising out of, or connected with the operations of Lessee hereunder. 6. This Lease may not be assigned, transferred, or sublet, except with the prior written consent of Lessor. .Should the. Lessor consent in writing to the assignment, transfer, or subletting of this Lease, the Lessee shall continue to assume, during the term of this lease, or any extension thereof, jointly with any assignee, transferee or sublessee, responsibility for compliance with all the terms, covenants, agreements and provisions of this Lease. 7. This Lease may be surrendered and terminated in whole or in part as to any well or wells not capable of producing oil or gas in paying quantities by the Lessee at any time.without consent of the Lessor upon the payment of all royalties and other obligations due and payable to the Lessor and provided that.said Lessee has fully performed and complied with all the terms of said -2- Lease up to the time of such surrender, but in no event shall such termination be effective until the Lessee has complied with all of the then existing laws and rules and regulations relative to the abandonment of oil and gas wells. 8. Lessee shall not redrill, deepen, recomplete at a shallower depth, or in any manner alter the location, depth or course of the existing wells in said land, nor drill any wells below a depth of 500 feet on said land. The lessee shall also use all reasonable precautions to prevent waste of oil or gas from said lands, the entrance of water or other substances through any wells to the oil-bearing strata, and the destruction or injury to the oil-bearing strata. 9. The Lessee shall exercise reasonable diligence in the operation of the well or wells while the production therefrom can be obtained in paying quantities and shall not unreasonably or unnecessarily suspend continuous operations except with the consent of the Lessor. All operations hereunder shall be carried on in a proper and workmanlike manner in accordance with approved methods. The drilling and operating requirements of this Lease may be suspended while, but only so long as, Lessee is reasonably prevented from complying therewith and only to the extent that compliance is prevented in whole or in part by strikes, riots, .fire, flood, acts -of. God, action of federal, state, county or any governmental agency of the State, and provided that such prevention or preventions are wholly and completely beyond the control of the Lessee. 10. Lessee shall pay all taxes levied against Lesseers machinery and personal property and, until Lessor shall drill a well into the 11.70 acres of land described in Paragraph 1 hereinabove, which well is capable of producing oil or gas in.paying quantities, Lessee shall also pay all taxes (except the royalty share thereof) assessed upon mineral rights or assessed upon or measured by production from or allocated to such land. Lessor shall pay the royalty share of taxes assessed upon mineral rights and production from or allocated to such land. In the event Lessor does drill a well into such lands, which well is capable of producing oil or gas in paying quantities, Lessor shall pay any taxes attributable to the production from said well. Lessee may discharge.in whole or in part, on behalf of Lessor, any tax, mortgage -3 - t 0 • It or other lien upon said land, or may redeem the same from any purchases at any tax sale or adjudication, and may reimburse itself from any rentals and royalties accruing hereunder and shall be subrogated to such lien with the right to enforce same.- 11. Lessor shall not drill or complete any well during the term hereof in the lands described in Paragraph 1 hereinabove in the same producing interval and within 300 feet of any of the wells acquired by,Lessee in Assignment dated August 1, 1971. 12. All notices herein provided to be given or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: (To the Lessor): Huntington.Beach Company 2110 Main Street Huntington Beach, California 92648 and (To the Lessee): City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 The addresses to which the notices shall or may be mailed, as aforesaid to either party, shall or may be changed by written notice given by such party to the other..as hereinabove provided; but nothing herein contained shall preclude the giving of any such notice by personal service upon an officer of the City;of Huntington.Beach, or an officer of the Lessor. IN WITNESS WHEREOF, the parties hereto have executed this agreement. LESSOR: LESSEE: HUNTINGTON BEACH COMPANY CITY OF HUNTINGTON BEACH a corpo on a municipal corporation By By ff c /President r By > �)1/.` vi�� �----' ATTEST: City Clerk.' APPROVED AS TO FORM: City Attorney APPROVED: Administrator -4- STATE OF CALIFORNIA, c ss. COUNTY OF-- Orange 5E OFFICIAL SEAL 10HANNA A. MCDCNALD \ NOTARYF-UsLIC-CAUFORPJIA r ORANGE r� OUfVTY k >>� My Commission E'giresoct.2S,1973 2110 Main Street, Huntington Seach, Calif. 92G46 ON Ju13r22�-- " 19�_, before me, the undersigned, a Notary Public in and for the said State, personally appeared R J _ M; Pso known to me to be the Vice President, and G. T Goociw, n known to me to be the Assi st ant Secretary of TiTrn1 INGTON 'REn ET cOMI'�I v the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein -named, and acknowledged to me that such Corporation a cuted the within Instrumeht pursuant,, to its by-laws or a resolution of its boa(d of director WITNESS my hand`and official s I. NAME (TYPED OR PRINTED) Notary Public in and for said State. & Sec.—Wolcotts Form 226—Rev. 3-64 l S`.1's TE OF CM.TLIFCI;NIA i SS (JeUNTY OF ORANGE ) �;_=ke before me;, a Notary Public in and fo.r said S?' pe sod George C McCracken,xnown to me to be the Mayoranul7C �7ones, known to me to be the City Clerk of the Municipal Corporation that executed the within instrument:, known to me to be the persons who executed The within instrument.on behalf of the Municipal. Corporation therein named and acknowledged to me that such Municipal. Corporation executed the within instrument,> ' i0 ORNIA ,19WITNESS my hand and official seal. rRi'vESTfNA D B NOTARY PULIiC CA I= MyCommissionExpireslune2573 J P. 0. Box 190, Huntington Beach, Calif. 9264$- r.XrilIS1T H THIS COMM _ _. dated the` day of — by and between_ ,ems �- `"""""""�""', as first party, hereinafter called "Seller," and t O,ANM 2L QONOIEANY OF CALIFORNIA, a corporation, as second party, hereinafter called '%Ver,' W I T N E S S E T H: QUANTITY Seller hereby sells and agrees to deliver to Buyer, during the effective term of this AND contract, all crude petroleum oil, subject to the maximum limits hereinafter set forth, of a QUALITY gravity of not less than _$ degrees A.P,I, at a temperature of sixty (60) degrees Fahrenheit, produced from the property situate in the 4 Oil Field, described as follows: PROPERTY ( "A" DESCRIPTION ( X TERM This contract shall be effective on —and shall continue thereafter (unless sooner terminated as hereinafter otherwise provided) until terminated by either party by giving not less than !I months' prior written notice of termination to the other party. WARRANTIES Seller hereby warrants the title to all crude oil to be delivered hereunder and guaran- AND tees (a) that said oil will be produced in strict compliance with all applicable laws, GUARANTIES and all rules and regulations issued thereunder, and (b) that said oil is and will be at the time of delivery free and clear of encumbrance or other obligation. Seller hereby agrees to indemnify -Buyer for any loss or damage which Buyer .may sustain, and to hold Buyer harmless from any liability which Buyer may incur, by reason of any failure or breach of any of the foregoing warranties and guaranties. DELIVERIES All deliveries hereunder shall be made from tankage on the property described above and into the pipe line designated by Buyer, or into tank trucks arranged for by Buyer in the oil field referred to above. Seller shall, at its expense, install, maintain and operate all tankage, pumps, pipe lines and other facilities necessary to make such deliveries of'oil from time to time. Seller shall, at its expense, install and maintain a gate valve in the outlet line from each tank. Any changes in connections or other facilities to accommodate Seller.shall be made at Seller's expense. If pipe lines are not available for transporting oil from such field. Seller shall pay the cost of transporting such oil by tank trucks ' arranged for by Buyer over the shortest practicable route between the point of delivery in the field and destination. All deliveries shall be gauged in Seller's tankage. Buyer shall have the right to demand. and Seller shall be obligated to make, delivery of said oil at any time when. in the opinion of Buyer, there is contained in such tankage a quantity of oil sufficient to warrant Buyer's taking delivery thereof.'No delivery shall be considered made nor shall title to any oil pass to Buyer until the oil has been delivered.into pipe line or tank trucks as aforesaid. Without in any way modifying the foregoing. Seller hereby grants to Buyer and to any nominee whom Buyer may authorize to take delivery of oil here- under, the right to lay, maintain, operate and remove all pumps, pipe lines and other facilities necessary to take deliveries of said oil, together with the right of ingress to and egress from the above -described property for any and all purposes hereunder, and Seller hereby warrants that it has the authority to grant such rights: provided, however, Buyer' shall have no right to remove any pumps, pipe lines or other facilities installed at the expense of Seller. GO-280 (SHEET NO.1 CRUDE) (CD-2.82) ►It I TEa I U�'JA ., iwIDeliveries der shall not excee'd_._.,.,e . ( ) MONTHLY barrels in any one month or,_ barrels in any AND DAILY one day. DELIVERY SAND AND Buyer shall not be obligated to take delivery hereunder of any oil containing more than WATER three (3) per cent of water, sand and other foreign substances, as ascertained by either the TESTS "Gasoline Test" or the "Benzol Test," at the option of Buyer, in a centrifugal machine. Should the test used show three (3) per cent or less of water, sand and other foreign substances in said oil, Buyer shall accept the oil and make deduction for the amount of water, sand and other foreign substances therein as shown by said test. It is understood and agreed that said "Gasoline Test" shall be of such proportions of gasoline, refined bisulphide of carbon and/or any other solvent or agent designated by Buyer as may be required wholly to precipitate the water, sand and other foreign matter in the oil, and that said "Benzol Test".shall be made in accordance with Method of Test for Water and Sediment A.S.T.M. Designation: D-96 in its thea latest revision. SAMPLES All tests shall be made by Buyer at its laboratory or at such other point as may be agreed upon by Buyer and Seller, and all tests shall be made in the presence of a repre- sentative of Seller, should Seller so desire. All samples for testing shall be taken by Buyer from the tankage of Seller, GRAVITY The gravity of oil delivered hereunder shall be deemed to be the gravity of the samples thereof taken as hereinabove provided,• as indicated by the hydrometer and corrected to sixty (60) degrees Fahrenheit as shown in Table 5, A.S.T.M. Designation D-1250 in its then latest revision. TEMPERATURE • . The Quantity of oil at sixty (60) degrees Fahrenheit shall be determined in accordance CORRECTIONS with Table 7. A.S.T.M. Designation D-1250 in its then latest revision. INTER- I In the event of interruption of the production or delivery of oil by Seller froo the RUPTION OF Property described above arising out of or caused or contributed to by strikes, lockouts DELIVERIES or other labor disputes. fires, washouts, sanding of wells. breakage of tankage or pipe OR RECEIPTS lines, war, inevitable cause. or any other cause whatsoever not under the control of Seller. OF OIL Seller shall not be required to deliver oil hereunder during the period of such interrup- tion, but Seller shall resume making such deliveries immediately upon cessation of such interruption; and in the event of total or partial interruption of the receipt, use. Processing or disposal by Buyer of oil being delivered hereunder. arising out of or caused or contributed -to by any of the aforesaid causes, or any other cause whatsoever not under the control of Buyer. Buyer shall not be required to receive any oil hereunder during the Period of such interruption', but Buyer shall resume receiving such oil immediately upon cessation of such interruption. PRICES For all oil delivered hereunder, Seller agrees to accept and Buyer agrees to pay, except as herein otherwise provided, the current prices offered by Buyer on the day of delivery for oil of like gravity and quality in the _ 011 Field. The current prices offered by Buyer are understood to be t e current prices as posted by Buyer from time to time. and none other. The prices currently posted by Buyer per barrel of forty-two (42) U.S. Gallons in bulk are shown on schedule No._ ,h , a copy of which is attached hereto. CHANGES Whenever and as often as the prices so offered by Buyer for oil of gravity and quality IN like that being delivered hereunder are raised or lowered, Seller shall receive such higher PRICES or lower prices, as the case may be, for all oil delivered on and after the day such prices are so offered; provided, that in the event such prices are lower than the prices theretofore in effect hereunder and are also lower than the prices shown on the schedule attached hereto. Seller shall have the right. to be exercised within ten (10) days after such lower prices are so offered, to terminate this contract by giving one (1) day's written notice thereof to Buyer. PAYMENTS All payments for the oil delivered during each calendar month shall be made between the first and fifteenth days of the succeeding calendar month. In the event of dispute as to the title to said oil, or, any part thereof, or as to any payment hereunder, or any portion thereof, Buyer may, without incurring any liability, withhold payment pending determination j of such dispute, or may interplead the claimants, and the payment into court by Buyer of the amount due for oil delivered hereunder shall be deemed a compliance with the provisions hereof in respect to payment for such oil. I 1 GO.280 (SHEETNO.2 CRUDE) (CD-2.62) PAIN T[0 I" U. I. 6. drl ':k �'. {4 � ii.�.', ;4 i'�u' = �� ; '_�. •�: *sir i,` :: ;s:. w�� ` ':�,, s;� 6.��it'S{i e:�r "a .�,r .,.,4t'RL,� ,�'« i`',`.f'.t_. �A,;,{,'�•� ,•,;, � VVFT.' .r:.i E '.�"Gi6'fl., .S�_, a��� _ , k ° ,v'Y«,a �� Sty,- .4. .• �i .. '.!�,"r.�• .sx,..*�,''' '�;w„' �, :,� '�i.. • rr.:' i'�,::' Y3 :'fi" =rr-'�v.,.* .�t i`'1:�' $ uS ,�%.i.�Yi��.'�ai.;Bw�,��.'ai�k•t�3+i .a..�i�:'n �'?m.'�`o - �Lk�ed �.�,h...'`a':.R`�'�5._.-•u�d.....�+�� �� `ti" �s t,,`i`BaJ. c�•,. i �7? IRRI`@U UR If at sny timi oil offered for delivery hereunder sbe of a gravity lower than the O,EL{Vfft1E5 minimum specify*neller ve, Buyer,'at its- option, may rto take delivery of said ot► or purchase said oat such price as Buyer will pay aaccept. If at any time oil offered for delivery hereunder shall contain more than three (3) per cent of water, Rand or other foreign substances, as ascertained by a test provided for herein, ,Buyer, at its option. may accept said oil and make deduction for such water, sand or other foreign substances as determined by said test. If at any time oil shall be offered for delivery hereunder in any quantity in excess of the monthly or daily maximum hereinbefore specified, Buyer at its option, may purchase said excess oil in accordance with the terms hereof. No purchase of oil by Buyer under the provisions of this paragraph shall be deemed a waiver of Buyer's right to require all deliveries hereunder at any time thereafter to be strictly in accordance with the terms and conditions set forth in the other paragraphs of this contract. OIL UNDER When requested to do so by Buyer, Seller will deliver all oil of a gravity of less than 20' GRAVITY twenty (20) degrees A.P.I „ including oil delivered under the provisions of the next pre- ceding paragraph. at whatever temperature, from one hundred (100) degrees Fahrenheit to one hundred seventy (170) degrees Fahrenheit, Buyer may from time to time specify. GENERAL Any notice hereunder, addressed to the party for whom it is intended and deposited PROVISIONS in a United States Post Office. postage prepaid, shall be considered good and valid notice hereunder effective from the date of mailing. The waiver by either party of any breach of any provision hereof shall not be deemed a waiver of any other breach of the same or any other provision. Time is of the essence of this contract. Everything herein contained which binds or effects the parties hereto shall in like manner bind and affect their respective successors and assigns. IN WITNESS WHEREOF, the said parties hereto have caused this contract to be executed in duplicate by their proper officers, who are thereunto duly authorized. STANDARD OIL COWANY OF CALIFORNIA ey i on act By_7j_ Assis an Secre ary` Q1t tG . President .�, A G.. ,q,Jt ecre ary GO.280 (SHEET NO.3 CRUDE) (CO.2.62) ra1Nr[a IN Y.0 A,'' k' q P tg ��1 w?t;' �� � ;;�+.�7h:. .kr.,�=. _� r i � i ;� 3� � �� .._�'a..�.sr:'...71�3'et7�'f..�,.. z..';:�3�;;M� �.ifiRCSr ' a., _ .... ,. � t:: :y5' ,' ; �� per ,�u'S ,{ ;� i ��6 i 7- MA � �C?'�� �' n FIELD ALFERITZ ANTICLINE ANTELOPE HILLS ALISO CANYON ANT HILL . OLCESE ASPHALTO BAND INI EARDSDALE BELGIAN ANTICLINE (MAIN & NW) BELLEVUE WEST BELMONT OFFSHORE HELRIOGE BLACKWELL'S CORNER BRADLEY CANYON BUENA VISTA HILLS CANAL CARPINTERIA OFFSHORE CASTAIC HILLS CASTAIC JUNCTION CAT CANYON WEST COALINGA COLES LEVEE CRESCENT HEIGHTS CYMRIC DEL VALLE EAST COYOTE EDISON EL RIO EL SEGUNDO ELK HILLS (SHALLOW) ELK HILLS (STEVENS) ELWOOD FILLMORE FRUIT�ALE GAFO RIDGE COLUMN 20 20 13 21 22 7 12 20 22 3 20 24 17 24 22 12 12 12 17 25 22 6 20 12 9 21 5 24 22 15 12 21 16 (Alphabetical) FIELD COLUMN GREELEY 22 GUIJARRAL HILLS 25 HOLSER CANYON 12 HONOR RANCHO 12 HUNTINGTON BEACH I INGLEWOOD 6, JACALITOS 25 KERN BLUFF 21 KERN FRONT 21 KERN RIVER 21 KETTLEMAN HILLS 25 LAS CIENEGAS 7 LONG BEACH (SIGNAL HILL) I LOST HILLS 24 LOS ANGELES DOWNTOWN 7 MCDONALD ANTICLINE 20' McKITTRICK 21 MIDWAY -SUNSET 24 MISSION 12 MONTALVO WEST (COLONIA POOL) It MONTALVO WEST (McGRATH POOL) 10 MONTEBELLO 7 MORALES CANYON 22 MOUNTAIN VIEW 23 NEwPORT ,(ANAHEIM SUGAR AREA) 2 NEWPORT (OTHER THAN ANAHEIM SUGAR AREA) I NORTH TEJON 19 OXNARD 10 FIELD PALOMA PLEASANT VALLEY PLEITO CREEK POSO CREEK PYRAMID HILLS RAILROAD GAP RAISIN CITY RAMONA RICHFIELD ROSECRANS ROSEDALE ROSEDALE RANCH ROUND MOUNTAIN SANTA FE SPRINGS SANTA MARIA VALLEY SAT ICOY SEAL BEACH SEMITROPIC SOUTH MOUNTAIN STRAND SUMMERLANO OFFSHORE TEJON GRAPEVINE TEJON HILLS TORRANCE VALLECITOS VENICE BEACH VENTURA AVE. WEST COYOTE WHEELER RIDGE WHITTIER WILMINGTON COLUMN 22 25 21 22 2 h 12 4 7 22 19 21 7 18 12 3 22 12 22 12 19 19 5 25 5 14 8 20 9 4 } ,;f�^,:t_ , ii;��: :52'^,j `.fir,E'^'�'..:'q^�: cit � w�h„ ^';v '� ^� F' ;� �{�t. �er"•$: `+i. -NIE10TUAP CA 14 WSJ W UWA IM 'PlEft SAW- ;,v espECTIv rl Ilk f 9 CuRolan COWA:vY 01 4L1A A v 0 T I E S: aft OIL. AS, VT ... flit Hl"GHIEST pR ICE OFFfREO jjEk E I N FO*'T"Ar Ir ISRAVITY (OAP I), to-lo.q .17.9 #2.12 9 13 14-14.9 2:06 51.83 58" 75.15,9 2.13 1 , 94D 2:08 32.0e $2.08 3 6. 2.16 2.15 2.16 $2. 1 0 :A 77.17.9 21 204 2. 23 2.29 1.64 51.913 18.18.9 2. 33 2.11 2.28 2. 30 .30 2. 3 0' 2.06 l 09:,9 1.410). -.34 2.31 .18 2. 3e 2.00 2.12 7. 43 2.41 .47 2,75 2. 4! 2.4d 24 09 2. 20 21-21.4 2.53 2,31 2. 50 2. 4 2,51 S2. 54 2•KI 2. 3z in Z - 44 IP. 2.22.9 2. !) 12. )e 2. 53 2. .,9 2: 58 8 73-23 '6 b 2.9a 2 Z. 2.40 26 2 315 2.452, 4a 2 34 30, 2. 66 2 66 2. 2 1 24. 4 9 2 '13 2.7 1 2. 65 2. 73 2 is 60 2-72 2. S6 2 2 f 2. 52 12. 65 2. 78 2 Go 2.79 .42 25-25.9 2.80 2. 74 . 7 1 2.80 2.82 2. 63 2. so ?.. q 26-26,9 8 1 .77 2. Y2 2 2.ea .. 0 1 2.67 2.06 7 1 - 58 23-23. 27.2') 2.94 2.81 : ae 91 21 2-83 2.92 . 1 54 2,95 24.24., 2 .03 , - 92 2. 79 2.67 2 7 1 28-28.9 . o 1 2.89 .98 2.97 2.64 2.97 2.06 2 3.04 29- 2 9. 9 3.01 2-- 6 3. 3 2. 3. OZ 2.93 .75 2.77 3. 1 1 26.26.0 30.30.9 3.02 3.06 .03 0 2' 2 2.42 2.83 3.18 2 7 - 27. 9 31 9 3. 13 3.06 3. 13 14.00 3.01 3.07 1 00 2.06fF.2.89 3. 20 3. 15 3 * o 3. 11 3:06 2.94 2.9� 3.. 26 B. 32. 32. -c# 3.26 3. 18 3. IS 3 3.07 3. 11 3.0o 3.01 32 29.29*9 3' - 3 3. q 3.32 3.28 3 :;7 :3 - 12 3 3.16 3.06 3.41 30-30:9 3 .;o 3.0/ 34. 34. 9 - ' 9 3 2 3 � 17 31 2 .. 3. 24 .3 3 37 23 - 3.27 3 IZ 35.35.9 3.42 .34 3. tv 3. t2 3.40 3.27 3 � 2 . 6 3.26 .3. le 3. )A 32-32.9. - 36. 4 3.47 21 3.3 37-37. q - 3.31 3. 3,1 3.32 3.31 3.24 33 33.9 38.38.9 3.35 3.41 3.36 3. 3() 39-39.9 .46 3.40 3. 36 35. 35, 9 K)3: 4 3.50 44 3.42 36.36.4 . 4 0, 0 3.47 3,49 55 3.48 38. 3.51 3. 60 3.52 38.2 3. 54 3.56 39 39. 9 ..... . . . . . . 3. 60 40:40.9 9 t 20. 9 4-?4,9 2 6. 9 0.30,9 j;,- 32. 9 33.9 34. 3, 9 6.30.9 36.9 >' 39,9 tJ, 4o. 9 R gg iW". x Page #3 - Council nutes - 12/15/69 . iO3 - HC1 STREET DEDICATIONS - NEWLAND PROPERTIES - REFERRED TO PLANNING COMMISSION The City Administrator informed Council that Mr. Milford Dahl, Sr., of Rutan and Tucker, Attorneys at Law, and counsel for Signal Oil and Gas Company, was present to discuss street dedication agreements for the final development of the Newland Properties. He recommended that these agreements be referred to the Planning Commission for recommendation and review relative to compliance with the Master Plan of Streets and Highways and Subdivision laws. Mr. Dahl, addressed Council regarding this matter. On motion by Shipley, Council directed that the proposed street dedica- tion agreements for the Newland properties be referred to the Planning Commission for recommendation and review regarding compliance with the Master Plan of Streets and Highways and Subdivision laws. Motion carried. CONDITIONAL EXCEPTION NO 69-36 - SET FOR RE -HEARING The City Administrator recommended that a rehearing be set on an appeal filed by Carpenters Local Union #1453, City, to the denial by the Planning Commission of Conditional Exception No. 69-36, to permit the construction of a 24 square foot free-standing pole sign on property located on the south side of Atlanta Avenue, approximately 1600 feet east of Beach Boulevard in the R3 Limited Multiple Family Residence District. He stated that it was the City Attorney's opinion that the decision of the Council to deny Conditional Exception No. 69-36 in the belief that the appellant could erect such a sign without the requested variance was incorrect, and that said action might be rescinded by Council. Following discussion by Council, on motion by Kaufman, Council re- scinded their action in sustaining the Planning Commission and deny- ing the appeal to Conditional Exception 69-36 filed by Carpenters Local Union #1453, City, at the meeting of November 13, 1969 and directed the City Clerk to set this matter for a rehearing at the meeting of January 5, 1970. Motion carried. WELCOMENEXTENDED TO STUDENT GOVERNMENT PARTICIPANTS Mayor Green extended Council's welcome to the students from the various high schools in the area who are participating in the city - sponsored Student Government Day, and stated that the Council members and staff hoped that the students would find their day in City Govern- ment an interesting one. ti9_ 0 AGREEMENT - PURCHASE OF CIVIC CENTER SITE PROPERTY - APPROVED The City Administrator stated that pursuant to Council's instructions, an agreement had been prepared between the City and the Huntington Beach Company for the purchase of the Civic Center site property located at the southeast corner of Mansion Avenue and Main Street. He informed Council of the terms and provisions under which the pur- chase price of $360,000.00 was to be paid, and recommended that Council authorize the Mayor and City Clerk to execute the agreement on behalf of the City upon execution of same by the Huntington Beach Company. Mr. Jerry Shea, representing the Huntington Beach Company, 2110 Main Street, City, addressed Council and stated that the Huntington Beach Company was in accord with the proposed agreement. Councilman Kaufman objected to a portion of the agreement which he felt would not benefit the City. The City Clerk was instructed to read the Council Meeting minutes of May 15, 1969 regarding the designation of a site for the location of a Civic Center and conditions concerning a reversionary period on the pro- posed contract. .35 e < Page #4 - Council Mines - 1215 6 • � � 9 On motion by Shipley, Council approved the agreement dated December 15, 1969, between the City and the Huntington Beach Company for the acquis_i_- tion of property located at the southeast corner of Mansion Avenue and Main Street t'or a. Civic Ccnter site, and authorized the Mayor and City Clerk to execute same on behalf' of the City following execution of the agreement by the Huntington Beach Company. Motion carried. N. CITY ATTORNEY OPINION 69-43 - TOP Ole, PIER PROJECT The City Administrator outlined for Council's information, procedure that he recommends should be taken in support of the Top of the Pier Development Plan. He informed Council of City Attorney Opinion 69-43 recommending the adoption of two resolutions which would provide for a, declaration of a, moratorium on the issuance of building permits for uses inconsistent with the development plan, and institute proceedings for a. change in the Master Plan of the development area, to bring it into conformance with the Top of the Pier Development Plan. The City Attorney informed Council that adoption of these resolutions, together with instructions to the Planning Commission to initiate a, change in the Master Plan of the area,, is all that is necessary to implement the recommendations of the City Administrator to bring the property into conformance with the Top of the Pier Development Plan. Mayor Green suggested that this matter be held in abeyance until a, study session of the Council is held. /()-d(o APPLICATION FOR FEDERAL HIGHWAY SAFETY GRANT - APPROVED The City Administrator requested Council permission to apply for a, Federal Highway Safety Grant for the purpose of establishing an auto- mated records system for the Police Department. He stated that if such application is approved and a, grant awarded to the City, the Federal government would provide $100,000.00 of the cost of said system. On motion by Bartlett, Council approved the City Administrator's re- quest for permission to apply for a, Federal Highway Safety Grant for the purpose of establishing an automated records system for the Police Department. Motion carried. 1-19- vb .. F AGREEMENTS - LANDSCAPE ARCHITECTS - CITY PARKS - APPROVED The City Administrator presented proposed agreements with the following Landscape Architectural firms for the consideration of Council. Donald Brinkerhoff Associates - Landscape Architects for the design of Oak View, Lake View and Sun View Parks. Cornell, Bridgers & Troller - Landscape Architects for the design of Circle View, Clegg -Stacey and Harbour View Parks. He further stated that the Recreation and Parks Commission had reviewed the proposed. agreements and commended approval of same by Council. On motion by Shipley, Council approved the agreements between the City and the Landscape Architectural firm of Donald Brinkerhoff Associates for the design of Oa,kview, Lake View, Sun View Parks and the firm of Cornell, Bridgers & Troller for the design of Circle View, Clegg-Sta,ce,y and Harbour View Parks and directed the Mayor and City Clerk to execute the agreements on behalf of the City. Motion carried. ,'o(,- (c0 OPPOSITION TO DIVERSION OF GASOLINE TAX FUNDS The City Administrator informed Council that it was the recommendation of the Director of Public Works that Council adopt a, resolution support- ing the provision of the California, Constitution which protects gasoline ta,x funds against diversion to other than highway purposes. The Director of Public Works stated that a, proposal which had been made in the State Legislature to split the gas tax funds from 55 per cent for Southern California and 45 per cent for Northern California to a 60 per cent -- 40 per cent split had failed. THIB AORRSKMe dated December 151 196) 0 by and between INGTGR BUCK COMPUTY& a corporation (heVOLM Or Galled " op) o md the CITY Ca XMINOTOW MACHj a municipal corporation (hereinafter galled "City")s WITN1882THt A. The property subjeot to this agreement (hereinafter Galled "said property") is described as follows t That certain land containing 11.70 0oros, more or less, t known as Lots 1 through 229 inclusive of Block 20020 V Lots 1 through 6 inclusive ® -and Lots 6 and to of Block 2001, and Lots 2 through 14 in03,usivO, and Lots 168 170 top 20 and 22 of Block 10030 all in Tract No. 120 a0 rocorded in Book 91 page 13 of HiN0011an0ous f ps, Records of Orange County, California. B. Sa I4 property is presently under colidematloft proceedings by City. 0. NBCo desires to sell and City denirps to PWoha&0 said property upon the tams end conditions hereinafter sot forth. NOW# THMWORRj, it is hereby Wood by and between RWO and e ( City as follows: 1. City agrees to buy from NBCO =4 RBC0 aV998 to loll anck convey by grMt deed to City said property in fees subje0t0 how®vGr, to the et$ception® and reservations sat Forth in the PoM of grant dam - � ?rc annexed hereto as Mahibit "A" and made a Part he PO MA eubJect to the righto reserved to HDCo under this GONQUOUto ftr a total purohase griss of 6 o xundred Sixty Thousand Dollars ( 60s000.00)0 payable as Poll as (a) The sum of One Hundred eighty Thousand Dollars ($1900000.00) when such grant 6006 is 00rd0d in the OrWVQ County offlaeg VA (b) ThQ GUQ of Ono BWKW04 Forty -#ice Thousand Dollar@ ~.� (0149,000.00) when XWO has fo all MttW@ WVd ther*quiftd of o by paragraph 7(b) of thin wpewwntj and t s) om of °bray-fiveThousand 0611we 0390000.00) 'jaid propertyl provide* however, that HBCo may, at 0 election, at any time or rrom time to time during the Oil Operating Period, terminate its oil operations and abandon and remove all or any portion of the oil facilities. The "Oil Operating Period" shall mean the period commencing With the date of recording of such grant deed and extending through the ninetieth day after receipt of HHGo of written notice from City to terminate its oil operations and abandon and remove the oil facilities, or in the event City shall order an abandonment and removal of the oil facilities in phases, the ninetieth day after receipt of HDCo of written notice From City to terminate its oil operations and abandon and remove the last of the oil facilities. During the Oil Operating Period, HBCo shall pay to City the sum of Seventy-five Dollars 0 75.00) per month for each oil well situate on ssld property during said month for the foregoing right to operAte, produce and maintain said oil facilities; provided, however, that if the first or last month of said Oil Operating Period Is lose than thirty (30) days, said sum of Seventy-five Dollars 0 75.00) shall be prorated accordingly. 6. During the Oil Operating Period, HBCo shall retain all receipts, proceeds and products of the oil operations and production and shall pay all costs and expenses attributable thereto, and HDOo shall indemnify and hold City harmless from any such costs or expenses. HBCo shall indemnify and hold City harmless from any damages expense, claim, suit, lose or liability of whatsoever kind or nature and by whomsoever asserted, arising directly or indirectly from the operating, producing or maintaining by HBCo of the oil facilities during the Oil Operating Period, or caused by the negligence of HBCo during the Oil Operating Period. 7. On or before the termination of the Oil Operating Period, H00o @halls at no cost or expense to City: (d) Abandon and remove the oli_.faoil�as rollowa: (1) By the subsurface abandonment of all oil wells currently on said property in accordance with all applicable laws,�r>;sa-and regulations partalaUs to ouch a1b;n4cinth and (2) By removal from said property of that Oil and gas pipelines and other equipment and otruotures depiat�c n red on said )exhibit "Sa" provided* however, that HBCo moy abandon Sn pl4oe_ suro.h. of said pipeline®, equipment or structures as to which City gives its prior consent in writing. (b) 1Tn icing by City, remove all ex- oeptions of title, referred to on Exhibit "C," annexed hereto and made a part hereof. It is agreed and understood that the condition of title of ouch property was as shown on the following litigation guarantees of the First American Title Insurance Company, on the dates indicated, OR-1062036, dated September 17, 1968 at 7:30 a.m., and OR-lM o6o, dated October 15, 1966 at 7130 a.m., and that Exhibit "C" annexed hereto, was prepared with reference to such two litigation guarantees. In tho ovent additional title exceptions appear prior to the time when the grant deed is to be recorded, pursuant, to paragraph l(a) of this agreement, suoh grant deed shall not be recorded and the payment of money, as provided in such paragraph 1(a) ®hall not be accomplished until such exceptions are removed by HBCo. At said closing conference HBCo at its cost *hall provide to City a standard policy of title insurance on said property to be irsued by First American Title Insurance Company in the sum of Three Hundred Sixty Thousand Dollars ($3600000.00), showing title of said property in City free and clear of all exceptions referred to in gxhibit "C." :E 8. In the event that within three (3) years from and after the date of reoording of said grant deed, City shall fail to co®- manoe aotual construotion on said property of improvements which, whon completed, would constitute a civlo oonter, then for a poriod of nix (6) months from and after the third anniversary data of ea16 grant deed r000rdin te, HBCo shall have the righib at its election, to repurchase maid property by payment or tensor of payment to City of said sum of Three Hundred Sixty Thousand Dollars (0360,000.00), and City shall thereupon reconvoy, said property to NBCo by grant deed subject to all matters of record at the time of recordation of said grant deed to City under paragraph l(a) of this agreement, and subject to all physically existing oil facilities (as of the date of this agreement), and free and clear of any exceptions caused to appear of record by City or any successor in interest claiming under City, subsequent to the recordation of said grant deed to City. I 9. Time is of the essence of this agreement. 10. Any notice requireu under the terms of this agreement may be given by personal delivery of such notice or, at the option of the party giving such notice, may be given by registered or oerti- fied mail, addressed to the respective parties as followst Huntington Beach Company 2110 Main street Huntington Beach, California 92646 City of Huntington Beach Post Office Box 190 Huntington Beach, California 92648 11. N4ithor this agreement nor any memorandum thereof shall be recorded in the Orange County Recorder's office. (Rest of page not used) A • • 12. This agreoment Phall inure to the benefit of and be binding upon the suooessoro and assigns of the partio® hereto. IN WITNESS WHOROPp the parties have exeouted this agreement. HUNTIN0,410N MACH COMPANY a oorporation, By By 'PCs hilwaQ "HBCo" P *Ion4 soadm DATED: % r 1969. ATTEST: f WIs tAPPROVED AS TO FOMfi APPROVED: CITY OIL HUNG INGTON HEdCH, a municipal corporation, 6� + a "A" �p RL,I 1 U F@ 0 L?9 POR A VALUABLE CONSIDERATION, receipt of which ire hereby acknowledged, HuWngton Beach Company, a corporation, (hereinafter called "HB Co.") hereby HANTS to the C ty of Huntington beach, as municipal corporation, (hereinafter called "City") the following described real property in the County of orange, State of California: That oerthin land containing 11.70 acres, more or less, known -as Lots 1 through 22, inoluaive, of Block 2002, Kota 1 through 6, inclusive, and Lot% 8 and 10 of Block 2001, and Lots 2 through 14, inclusive, and Lots 16, 17, 18, 20 and 22 of Block 1903, all in 'tract No. 12, cue recorded In Book 9, Page 13 of iiimoellaneous MSPB, Records of Orange County, California, hereinafter called "said property," EXCEPTING ARID RESERVING TO HB Co., its successors and assigns, all oil, gas, asphalt and asphaltuma and other hydro- carbons, and all other minerals, whether similar or dissimilar to those herein speoilied, lying below five hundred (500) feet under the surface of ouch real property within or that may be pro- duced from said property, together w'th the exclusive right from time to time to drill in, into and wi'hin said property below five hundred (500) feet under the surface of such real property by means of a well or wells drilled from the surface of land other than said property, and with the exclusive right to repair, re - drill, deepen, maintain, rework and operate such well or wells and produce said oil, gas, asphaltum and other hydrocarbons and ether minerals by means of such well or wells. Such exclusive right® shall not be limited by the first or any subsequent exercise thereof. Provided, however, that HD Co. shall not Have the right to use the surface of mold property or five hundrea (500) feet under the surface thereof for any of the aforesaid purposea. ALSO FXCEPTYNO AND RF'.ERV?N0 to HP Co., its suacennors I� and assigns, the exalueive right from time to t1we to drill In, into and through the subsurPeee below five hundred (500) Coot under the surface of acid property and into and bottom under land other than cold property by means of a well Or welir drilled from the surface of land Other than amid property, and with the exclusive right to repair, rodrill, deepen, maintain ;end rework and operate ouch well or wolle, and produce oil, yes, anphaltum and other hydrocarbons tnd other minorela whether :similar or dissimilar to those mentioned heroin frees land other than said property. Such exclusive rights &hall rat be limited by the firat or any subsequent exercise thereof. This deed is made aubaeat to all teatters of record. , IN WITNESS REOP', this deed is executed on the ; day of ��� 199• RUNTINGTOW D ACE# • COMPANY a oorporatl�m By_ By_ o I pm NA" Op CY£3A COUM (W NANGS i 1969, before Me, the under- slanedo a Notary hibli® in AM! for said County and dtete, knot to me to am tm re tivelye 0: the corvofttlon that OA@eute4 the within jn8trWW.j%v on i h&1? of the 49 ration therein nQ005, led�®d 4� that ouoh oo$gloration ove®uted the Within IratpWOWSpmr®uoRt to its Ay-laWg or a resolution of Its of dlre®tore. hand and 01MOia1 BOCA t�ti�a�aro7A. County and State 1 t0 U" sine!, M~4" 19► . LW 9" 0 0 I 2 Z A L E sr RwrL T u? i c r of WAS HiAO • • EXHIBIT "C" T,hO following items ret'or .o specific exceptions found in Litigation Guarantee Order No. 1062036 dated September 17, 1968, and Liti- gation Guarantee Order No. N5060, dated October 15, 1969, of the First Amerioan Title Insuraroe Company, re i dioated. Such ex- ception® are to be reaa►.-ed by HBCo as pro 1in paragraph '7(b) of the agreement to which this exhibit is attached. 1. A release or quitclaim of that pertain right of way dated January 19, 19260 to Standard Oil affecting Lots 1, 40 1, 9 and 10 of Block 2001. (Item 4, OR-1062036) 2. A release or quitclaim of that certain oil and gas lease between Huntington Pesach Company and Southwest Exploration Company dated November 5, 1953, affecting Block 2001 and 2002. (Item 50 OR-1062036) 3. A release or quitclaim of that certain oil and gas lease between Huntington Beach Company and Southwest Exploration Cc:n- pany, daated January 7 1955► affecting Block 2002. (Item 6, OR-1062036 and Item 1�1, OR-1065060) 4. A quitclaim deed from Standard Ail Company to City of Huntington Beach of aV, surface rights from surface to 500 feet below surface, as required to eliminate Item 2, OR-1062036. 5. The Huntington Beach Company will obtain a quitclaim deed from Holly Sugar Company to the City of Huntington Bench of perpetual right of way for sow•Yr line, drainage and incidental purposee, as conveyed to Holl. Sugar Company by deed, recorded September 12, 1911 in 'Book 19 , page 360 of Deeds, and amended by instruments recorded M� 15, 1926 in Book 652 pale 37 of Deeds and Novomber 5, 195A An Book 28620 page 362 O Official Recorao, over portions of said Dots 39 40 5 and 6 of Block 2001, and said Lots 1 and 3 in Block 20020 as required to eliminate Item 3, OR-1062036. 6. A quitclaim of the CCAR's affecting Lot I, Block 1903 per February 16® 1921 deed from Huntington Beach Company. (Item 3, OR- 1065060) 7. A quitolaim of the CC&Rts Affecting Lot 15, Block 1903 ;r February 19, 1921 deed from Huntington Beach Company. (Item 41, -1065060) ®. A quitclaim of the CC&R's affecting Lots 168 19 and 20, Block 1903 or Febraarary 19 1 21 dood from Runtington Boach Company. (tam 5, OR- 1065�60� 9. A quitclaim of that certain right of way to Bt Oil. Cep par deed reoorded March 18, 19268 affecting Lot 15. (Item 8, OR-1065060) 10. A quitclala by 'peter B. Rothechild, proment lessee, of that certain oil and pe lea®®, dated A,, , et 2 , 1939, from Ventwo OAS, Cosa , leGoor, to C . R . taw and 0 . any, a meet ing Late 169 16 and 208 Block 1903. (It 108 01-10�650 0) 11. A quitelais by Standard 01I.0oqWF of all surAaoe rights An Lots 2-14, inol.uolvo, and 17 and 2 , Blook 1903 from or pursuant to their lease from Hunti On eah C ny of Jan 7, 1921 a@ dified per a ent Of .N.Ua... 11, 1 9. (Item 110 014601665060) EXHIBIT "C" continued 12. With reforenco to Item 6 of OR-1065060, the Runtington Beach Company will obtain a quitalaim deed exeouted b Standard Ail as Grantor, to the City of Huntington Beach, as rantee, of a r�ght of way for pipelines and incidental D oses over that portion of Lots 17 ar,d 22 included within a strip of land one rod wide, lying southerly of, Darall;?l with448 ionediately ad- acent to the southerly boundary of Unas conveyed by untington Beach Company to Atandarl Oil Cowy@my by deed, re- corded November 12, 1921 in Book 406 page 365 of Deeds and re- recorded Decomber 7, 1921 in Book 406, page 52 of Deed*. 13. With rep"erenoo to Item 7 of O'R-1065060, the Huntington Beach Company shalt obtain a quitclaim deed from Standard Oil Company, as orantor, to the City of Huntington Beach, as Grantee, over that portion of Lots 3 and 17 included within a strip of land 10 feet wide, lying eact of, parallel with and Immediately ad- jao®nt to maid west line of said Lots 3 and 17 and extending fr,im the North line to the southeasterly line of said Lot 17 and fry the northwesterly line to the southwesterly line of said Lot 3, as conveyed by Huntington Beach Company to Standard Oil Company by deed recorded Decembor 15, 1922 in Book 445, page 267 of Deeds, that will serve to eliminate exception No. 7. OIL AND GAS LEASE THIS AGREEMENT, made and entered into as of the 1st day of August, 1971, between HUNTINGTON BEACH COMPANY, a corporation (hereinafter called "Lessor"), and the CITY OF HUNTINGTON BEACH, a municipal corporation (hereinafter called "Lessee"). W I T H E S S E T H: 1. The Lessor, for and in consideration of one dollar and other valuable consideration, receipt and sufficiency of which is hereby acknowledged and in consideration of the covenants and agreements contained herein, hereby grants, lets and leases exclusively unto Lessee, the real property hereinafter described for the purpose of producing, taking, removing, and disposing oil, gas, and other hydrocarbons, and all other substances produced therewith. The property covered by this lease, hereinafter referred to as "said land", is situate in the County of Orange, State of. California, and is described as follows: "Said land" shall consist of separate and distinct cylindrical areas, each 18 inches in diameter, extending throughout the full length, course and distance of each of the wells assigned to Lessee by Assignment dated August 1, 1971, and situated on the land described as follows: That certain land containing 11.70 acres, more or less, known as Lots 1 through 22, inclusive, of Block 2002, Lots 1 through 6 inclusive, and Lots 8 and 10 of Block 2001, and Lots 2 through 14 inclusive, and Lots 16, 17, 18, 20 and 22 of Block 1903, all in Tract No. 12, as recorded in Book 9, page 13 of Miscellaneous Maps, Records of Orange County, California. 2. This lease shall remainin force from the date hereof and for so long thereafter as oil or gas is produced in paying quantities from said land, or until such time as the Lessee no longer owns the wells identified in VVUTDTT 11D11 Assignment dated August 1, 1971. 3. Lessee shall pay Lessor as royalty the market value at the well of 16-2/3 per cent of all oil, gas and other hydrocarbons produced and saved from said land; or at Lessors option, in lieu of such payment, Lessee shall - deliver said royalty share in kind to the credit of Lessor into the pipelines of Lessor nearest said land to which the wells may be connected. Lessee may use, free of royalty, oil, gas or other hydrocarbons produced from said lands in its operations hereunder. 4. Except as otherwise provided herein, royalty payments shall be computed and paid monthly. Lessee shall furnish to Lessor monthly written statements of the production from said land during •the preceding calendar month. Royalties payable in money with respect to production from said land during any calendar month shall be paid not later than the last day of the next succeeding calendar month. If the amount estimated to be payable to Lessor for royalties is less than ten dollars ($10), or'if the amount of oil produced doas not justify shipments on a monthly basis, then Lessee may, upon prior written notice to Lessor, make such royalty payments and written statements, on a quarterly, semi-annual or annual basis; provided, however, all sums theretofor accrued and unpaid shall be paid at least once each calendar year. 5. Lessee shall be liable for and agrees to indemnify Lessor against any and all losses, damages, claims, demands or actions caused by, arising out of, or connected with the operations of Lessee hereunder. 6. This Lease may not be assigned, transferred, or sublet, except with the prior written consent of Lessor. Should the Lessor consent in writing to the assignment, transfer, or subletting of this Lease, the Lessee shall continue to assume, during the term of this lease, or any extension thereof, jointly with any assignee, transferee or sublessee, responsibility for compliance with all the terms, covenants, agreements and provisions of this Lease. 7. This Lease may be surrendered and terminated in whole or in part as to any well or wells not capable of producing oil or gas in paying quantities by the Lessee at any time without consent of the Lessor upon the payment of all royalties and other obligations due and payable to the Lessor and provided that said Lessee has fully performr.d and complied with all the terms of said -2- Lease up to the time of such surrender, but in no event shall such termination be effective until the Lessee has complied with all of the then existing laws and rules and regulations relative to the abandonment of oil and gas wells. 8. Lessee shall not redrill, deepen, recomplete at a shallower depth, or in any manner alter the location, depth or course of the existing wells in said land, nor drill any wells below a depth of 500 feet on said land. The lessee shall also use all reasonable precautions to prevent waste of oil or gas from said lands, the entrance of water -or other substances through any wells to the oil-bearing strata, and the destruction or injury to the oil-bearing strata. 9. The Lessee shall exercise reasonable diligence in the operation of the wall or wells while the production therefrom can be obtained in paying quantities and shall not unreasonably or unnecessarily suspend continuous operations except with the consent of the Lessor. All operations hereunder shall be carried on in a proper and workmanlike manner in accordance with approved methods. The drilling and operating requirements of this Lease may be suspended while, but only so long as, Lessee is reasonably prevented from complying therewith and only to the extent that compliance is prevented in whole or in part by strikes, riots, fire, flood, acts of God, action of federal, state, county or any governmental agency of the State, and provided that such prevention or prevention's are wholly and completely beyond the control of the Lessee. 10. Lessee shall pay all taxes levied against Lessee's machinery and personal property and, until Lessor shall drill a well into the 11.70 acres of land described in Paragraph 1 hereinabove, which well is capable of producing oil or gas in paying quantities, Lessee shall also pay all taxes (except the royalty share thereof) assessed upon mineral rights or assessed upon or measured by production from or allocated to such land. Lessor shall pay the royalty share of taxes assessed upon mineral rights and production from or allocated to such land. In the event Lessor does drill a well into such lands, which well is capable of producing,oil or gas in paying quantities, Lessor shall pay any taxes attributable to the production from said well. Lessee may discharge in whole or -in part, on behalf of Lessor,, any tax, mortgage -3 - r or other lien upon said land; or may redeem the same from any purchases at any tax sale or adjudication, and may reimburse itself from any rentals and royalties accruing hereunder and shall be subrogated to such lien with the right to enforce same. 11. Lessor shall not drill or complete any well during the term hereof in the lands described in Paragraph 1 hereinabove in the same producing interval and within 300 feet of any of the wells acquired by Lessee in Assignment dated August 1, 1971. 12. All notices herein provided to be given or which may be given by either party to the other shall be deemed to have been fully given when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: (To the Lessor): Huntington Beach Company 2110 Main Street and Huntington Beach, California 92648 (To the Lessee): City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 The addresses to which the notices shall or may be mailed, as aforesaid to either party, shall or may be changed by written notice given by such party to the other as hereinabove provided; but nothing herein contained shall preclude the giving of any such notice by personal service upon an officer of the City;of Huntington Beach, or an officer of 'the Lessor. IN WITNESS WHEREOF, the parties hereto have executed this agreement. LESSOR: HUNTINGTON BEACH COMPANY a corporation By Vice President By LESSEE: CITY OF HUNTINGTON BEACH a municipal corporation By Mayor ATTEST: City Clerk APPROVED AS TO FORM: APPROVED: -4- City Attorney City Administrator 4y j, Agreements -�iCt'FfbR'SP VOLUME PCB[ Approve recommendatir. of DRB that `'irm of Anthony & 4ford, 12 3 DATE 11/3/69 architects of Whittier design Murdy Fire Station auth Mayor & Clerk execute agreement 11/3/69 AuthMayor & Clerk execute contract w/Eckbo,Dean Austin & Wms 12 4 architects for design of Central City Park $35,8w•oo 11/3/69 Auth Mayor & Clerk execute contract w/SUA for Central Library 12 4 space utilization in amt of $5,500400 12/8/69 Approv-d contract w/City & Archect firm Anthony & Langford - de- 12 25 sign Murdy Indust P^rk Fire 5tat'on - Goth 12/8/69 Approved "11 allow o eration of gift shop in upper premises 12 - 33 12 1 6 A rmt - Purch of Civic C-ntcr Site Property - Approved rmt date 2 -�6 49 A�YPPmPnfiR • P TOPIC Oil DETAIL /ILK N0. LEGISLATIVE HISTORY RECORD 33 72 , DATE ACTION OF COUNCIL OR BOARD MINUTE BOOK VOLUME r�r.[ 8/2/76 Ord 2097 - pymnt oil prod bus tax - adptd 18 377 8/9/76 tail bearing assembly - City owned oil well - repaired 18 385 8 /1 '�►/ /11h..� I Civic . -nt Oil Well 42-Alternative 4k?-Apprmrei- RPvdl3Lili Fund Est-ablished (CA 76-140) ll 76 Ord # 2132-First Reading -Amends Code -Oil Wells 18 523 11/15/76 Ord No 2132-Adopted-Clean-Up & Maintenance of Oil Wells 18 542 12/20/76 Request for Ordinance Amendment -Oil Operations 18 596 2/7/77 Oil Committee Appointment -Hanson - Approved 18 655 2/22/77 Gas Line -Union Oil Co 18 694 4/4/77 Oil Code Revision -Public Hearing Scheduled -April 18, 1977 18 47 4/18/77 Purchase Agreement -Phillips Petroleum Property -Approved 19 55 4/18/77 Pub Hear -Ord 2186-BB Oil Code -First Reading 19 55 72 �11 Tor I c Oil LEGISLATIVE HISTORY RECORD FILE N0• 72 `..s D! TF I l • Pi `AS— FILE NO. TOPIC LEGISLATIVE HISTORY RECORD Oil 33 I DETAIL ACTION OF COUNCIL OR BOARD DATE 8/2/76 Ord 2097 - pymnt oil prod bus tax - adptd 8/9/76 tail bearing assembly - City owned oil well - repaired 72 MINUTF BOOM VOLUME PAGE 18 377 so 18 385 9 7 76 ivic cpnrer ki, 1- - - 76 Ord # 2132-First Reading -Amends Code -Oil Wells 1 542 _Ll& 11/15/76 Ord No 2132-Ado ted-Clean-U &Maintenance of Oil Wells 18 596 12/20/76 Request for Ordinance Amendment -Oil Operations 18 655 2/7/77 Oil Committee A ointment -Hanson - Approved 18 694 18 2/22/77 Gas Line -Union Oil Co 18 47 4/4/77 oil Code Revision -Public Hearing Scheduled -April 18, 1977 4/18/77 Purchase Agreement -Phillips Petroleum Property -Approved 19 55 4/18/77 Pub Hear -Ord 2186-HB Oil Code -First Reading 19 55 TOPIC FILE NO. Oil LEOISLATIV ORY RECORD 72 w DF TAIL DATF ACTION OF COUNCIL OR BOARD MINIJTF 8M VOLUME CA 6 7 71 Oil wells in Civic Center Site - auth to amend orig purch agrmt to relieve former property owners of abandonment of wells & prepare agrmt 12 6 21 0 H Operations - Continued to 6 71 13 6 Public Hearing - Oil Ord 16 - Regulation of Oil Operations continued o 8/16/71 8/2/71 Ord 1652 - Ord 1652 - Oil Business License Tax - Pub Hear on 2nd readiW but gave a first reading as amended 13 5' 0 H 8 16 Ord 1652 - Adopted - Oil Business License Tax 13 61 9 20/71 Brd 1653 - Oil Operations - Pub Hear - 10/4/71 13 10', 10 4 71 Ord 16-53- Regulation of Oil Operations - cont to 10 18 ^ t oQgdjmgQ xt_Cather& Cree suit 1 14 FILE Np I'IC 72 Oil 7 EXHIBIT A THIS CONTRACT, dated the` day of by and between as first party, hereinafter called "Seller,* and y STAND OILOC MPANY OF CALIFORNIA. a corporation, as second party, hereinafter called 'der," W I T N E S S E T H QUANTITY Seller hereby sells and agrees to deliver to Buyer, during the effective term of this AND contract, all crude petroleum oil, subject to the maximum limits hereinafter set forth, of a QUALITY gravity of not less than degrees A.P.I. at a temperature of, sixty (60) degrees Fahrenheit, produced from the property situate in the W"OOil Field, described as follows: PROPERTY t m�1M DESCRIPTION TERM This contract shall be effective on and shall continue thereafter (unless sooner terminated as hereinafter otherwise provided) until terminated by either party by giving not less than Aft —months' prior written notice of termination to the other party. WARRANTIES Seller hereby warrants the title to all crude oil to be delivered hereunder and guaran- AND. tees (a) that said oil will be produced in strict compliance with all applicable laws, dUARANTJE3 and all rules and regulations issued thereunder, and (b) that said oil is and will be at the time of delivery free and clear of encumbrance or'o.ther obligation. Seller hereby agrees to indemnify,Buyer for any loss or damage which Buyer.may sustain, and to hold Buyer harmless from any liability which Buyer may incur, by reason of any failure or breach of any of the foregoing warranties and guaranties. DELIVERIES 4 1H .. All deliveries hereunder shall be made from tankage on the property described above and into the pipe line designated;by Buyer, or into tank trucks arranged for by Buyer in the oil field referred to above. Seller shall, at its expense, install, maintain and operate all tankage, pumps. pipe lines and.other facilities necessary to make such deliveries of'oil from time to time. Seller shall. at its expense, install and maintain a gate valve in the outlet line from each tank. Any changes in connections or other facilities to accommodate Seller.shall be made at Seller's expense. If pipe lines are not available for transporting oil from such field, Seller shall pay the cost of transporting such oil by tank trucks arranged for by Buyer over the shortest practicable route between the point of delivery the field and destination. All deliveries shall be gauged in Seller's tankage. Buyer shall have the right to demand. and Seller shall be obligated to make. delivery of said oil at any time when, in the opinion of Buyer. there is contained in such tankage a quantity of oil sufficient.to warrant Buyer's taking delivery thereof.'No delivery shall be considered made nor shall. title to any oil pass to Buyer until the oil has been delivered, into 'pipe line or tank trucks as aforesaid. Without in any way modifying the foregoing. Seller hereby grants to Buyer and to any nominee whom Buyer may authorize to take delivery of oil here- under, the right to lay, maintain. operate and remove all pumps, pipe lines and other facilities necessary to take deliveries of said oil. together with the right of ingress to and egress from the above -described property for any and all purposes hereunder, and Seller hereby warrants that it has the authority to grant such rights; provided, however; Apr sball have no right to remove any pumps. pipe lines or other facilities installed at.the expense of Seller. GO-280 (SHEET NO.1 CRUDE) (CD-2.62) PRINTED IM U.S.A., -Deliveries hinder shall not exceed ..... A+A MONTHLY barrels in any one month ora( ,..j barrels in any AND DAILY one day. DELIVERY SAND AND Buyer shall not be obligated to take delivery hereunder of any oil containing more than WATER three (3) per cent of water, sand and other foreign substances, as ascertained by either the TESTS "Gasoline Test" or the "Benzoi Test," at the option of Buyer, in a centrifugal machine. Should the test used show three (3) per cent or less of water, sand and other foreign substances in said oil, Buyer shall accept the oil and make deduction for the amount of water, sand and other foreign substances therein as shown by said test. It is understood and agreed that said "Gasoline Test" shall be of such proportions of gasoline, refined bisulphide of carbon and/or any other solvent or agent designated by Buyer as may be required wholly to precipitate the water, sand and other foreign matter in the oil, and that said "Benzol Test" shall be made in accordance with Method of Test for Water and Sediment A.S.T.M. Designation: D-96 in itsthen latest revision. SAMPLES All tests shall be made by Buyer at its laboratory or at such other point as may be agreed upon by Buyer and Seller, and all tests shall be made in the presence of a repre- sentative of Seller, should Seller so desire. All 'samples for testing shall,be taken by Buyer from the tankage of Seller. GRAVITY The gravity of oil delivered hereunder shall be 'deemed to be the gravity of the samples thereof taken as hereinabove provided,, as indicated by the hydrometer and corrected to sixty (60) degrees Fahrenheit as shown in Table 5, A.S.T.M. Designation D-12501in its then latest revision. TEMPERATURE The quantity of oil at sixty (60) degrees Fahrenheit shall be determined in accordance CORRECTIONS with Table 7. A.S.T.M. Designation D-1250 in .its then latest revision. INTER- In the event of interruption of the production or delivery of oil by Seller fro,n the RUPTION OF Property described above arising out of or caused or contributed to by strikes, lockouts DELIVERIES or other labor disputes, fires, washouts. sanding of wells, breakage oP tankage or pipe OR RECEIPTS lines, war, inevitable cause. or any other cause whatsoever not under the control of Seiler, OF OIL Seller shall not be required to deliver oil hereunder during the period of such interrup- tion, but Seller shall. resume making such deliveries immediately upon cessation of such interruption; and in the event of total or partial interruption of the receipt, use, processing or disposal by Buyer, of oil being delivered hereunder, arising out of or caused or contributed to by any of the aforesaid causes, or any other cause whatsoever not under the control of Buyer. Buyer shall not be required to receive any oil hereunder during the period of such interruption, but Buyer shall resume receiving such oil immediately upon cessation of such interruption. PRICES _ For all oil delivered hereunder. Seller agrees to accept and Buyer agrees to pay, except as herein otherwise provided, the current prices offered by Buyer on the day of delivery for oil of like gravity and quality in thedliG — —Oil Field. The current prices offered by Buyer are understood to be t e current prices as posted by Buyer from time to time, and none other. The prices currently posted by Buyer per barrel of forty-two (42) U.S. Gallons in bulk are shown on schedule No._.a copy of which is attached hereto. CHANGES Whenever and as often as the prices so offered by Buyer for oil of gravity and quality IN like that being delivered hereunder are raised or lowered, Seller shall receive such higher PRICES or lower prices, as the case may be, for all oil delivered on and after the day such prices are so offered: provided, that in the event such prices are lower than the prices theretofore in effect hereunder and are also lower than the prices shown on the schedule attached hereto, Seller shall have the right, to be exercised within ten (10) days after such lower prices are so offered, to terminate this contract by giving one (1) day's written notice thereof to Buyer. PAYMENTS All payments for the oil delivered during each calendar month shall be made between the first and fifteenth days of the succeeding calendar month. In the event of dispute as to the title to said oil, or any part thereof, or as to, any payment hereunder, or any portion thereof. Buyer may, without incurring any liability, withhold payment pending determination of such dispute, or may interplead the claimants, and the payment into court by Buyer.of the amount due for oil delivered hereunder shall be deemed a compliance with the provisions hereof in respect to payment for such oil. GO.280 (SHEET NO.2 CRUDE) (CD-2.62) PRINTED IN U.S.A. IRREGULAR .'DELIVERIES' If at,any tim- oil offered for delivery hereunder s' � be of a gravity lower than the minimum specifWWve, Buyer, at its option, may refuWto take delivery of said oil or purchase said ail at such price as Buyer will pay and Seller accept. If at any time oil offered for delivery hereunder shall contain more than three (3) per cent of water, sand or other foreign substances, as ascertained by a test provided for herein, ;Buyer, at its option, may accept said oil and make deduction for such water, sand or other foreign substances as determined by said test. If at any time oil shall be offered for delivery hereunder in any quantity in excess of the monthly or daily maximum hereinbefore specified, Buyer at its option, may purchase said excess oil in accordance with the terms hereof. No purchase of oil by Buyer under the provisions of this paragraph shall be deemed a waiver of Buyer's right to require all deliveries hereunder at any time thereafter to be strictly in accordance with the terms and conditions set forth in the other paragraphs of this contract. OIL UNDER When requested to do so by Buyer, Seller will deliver all oil of a gravity of less than 20' GRAVITY twenty (20) degrees A.P.I., including oil delivered under the provisions of the next pre- ceding paragraph, at whatever temperature, from one +hundred (100) degrees Fahrenheit to one hundred seventy (170) degrees Fahrenheit, Buyer may from time to time specify. GENERAL Any notice hereunder, addressed to the party for whom it is intended and deposited PROVISIONS in a United States' Post Off ice, - postage prepaid, shall be considered good and valid notice hereunder effective from the date of mailing. The waiver by either party of any breach of any provision hereof 'shall not be deemed a waiver of any other breach of the same or any other provision. Time is of the essence of this contract. Everything herein contained which binds or effects the parties hereto shall in like manner bind and affect their respective successors and assigns. . IN WITNESS WHEREOF, the said parties hereto have caused this contract to be executed in duplicate by their proper officers, who are thereunto duly authorized. STANDARD OIL COMPANY OF CALIFORNIA By 1, Assistant Secre ary = ' �1 sue, f' 'X _• h.- _ - \ � :. GG . President Rr_ o �.Q a secretary GO.280 (SHEET NO.3 CRUDE) (CD.2.62) •IIIN1tD IN B. 1. A. 1 0 L INDEX TO PRICE SCHEDULE FIELD ALFERITZ ANTICLINE ANTELOPE HILLS ALISO CANYON ANT HILL - OLCESE ASPHALTO BAND INI BARDSDALE BELGIAN ANTICLINE (MAIN & NW) BELLEVUE WEST BELMONT OFFSHORE BELRIDGE BLACKWELL'S CORNER BRADLEY CANYON BUENA VISTA HILLS CANAL CARPINTERIA OFFSHORE CASTAIC HILLS CASTAIC JUNCTION CAT CANYON WEST COALINGA . COLES LEVEE CRESCENT HEIGHTS CYMRIC DEL VALLE EAST COYOTE EDISON EL RIO EL SEGUNDO ELK HILLS (SHALLOW) ELK HILLS (STEVENS) ELWOOD F I LLN10RE FRUITVALE GATO RIDGE J# (Alphabetical) COLUMN FIELD COLUMN 20 GREELEY 22 20 GUIJARRAL HILLS 25 13 21 HOLSER CANYON 12 22 HONOR RANCHO 12 -7 HUNTINGTON BEACH 1 12 INGLEWOOD 6. 20 JA�ALITOS 25 22 3 KERN BLUFF 2,1 20 KERN FRONT 21 24 KERN RIVER 21 17 KETTLEMAN HILLS 25 24 LAS CIENEGAS 7 22 LONG BEACH (SIGNAL HILL) 1 12 LOST HILLS 24 12 LOS ANGELES DOWNTOWN 7 12 17 MCDONALD ANTICLINE 20` 25 MCKITTRICK 21 22 MIDWAY -SUNSET 24 6 • MISSION 12 20 MONTALVO WEST (COLONIA POOL) 11' 12 MONTALVO WEST (MCGRATH POOL) 10 MONTEBELLO 7 9 MORALES CANYON 22 21 11 MOUNTAIN VIEW 23 5 24 NEWPORT 22 '(ANAHEIM SUGAR AREA) 2 15 NEWPORT (OTHER THAN ANAHEIM SUGAR AREA) I 12 NORTH TEJON 19 21 OXNARD 1.0 16 FIELD PALOMA PLEASANT VALLEY PLEITO CREEK POSO CREEK PYRAMID HILLS RAILROAD GAP RAISIN CITY RAMONA RICHFIELD ROSECRANS ROSEDALE ROSEDALE RANCH ROUND MOUNTAIN SANTA FE SPRINGS SANTA MARIA VALLEY SAT ICOY SEAL BEACH SEMITROPIC SOUTH MOUNTAIN STRAND SUMMERLAND OFFSHORE TEJON GRAPEVINE TEJON HILLS TORRANCE VALLECITOS, VENICE BEACH VENTURA AVE'. WEST COYOTE WHEELER RIDGE WHITTIER WILMINGTON COLUMN 22 25- 2 1 ' g •"� i �' '{ &lam .>f '-s, f •v � �`� ♦ •..Sx f ' �. ..'_ �. " • � I, , i. f.. j .i' _. v � . W44r✓ , xaYel x�-LA=Jv1 e .. - .o ..j.r. P M-21 CAL. ANY of tit ,W V S/!/V�#W�iYi'; EST` t .4" 4SN T. (-Apg 9 2.'06 9 2.13; + 2.0 2.08 6.'T 2. 16 .04 2. d 2 Is. 18-9 2. 33 11, 2.29 2.28 2.30 2. 2. 36 2.34 2. 2. 12 -�!9.9 2. 38 2. 0-20.9 - 4 7. 2 2, 41 45 24,,� 2`,OCA 2­18 7,1 2.�53 2.31 $2.54. p 4,' ---- 2. 50 , 2 �64 40: Z. 51 -22 22. P. 2 53* Vil:�: 2-6 2. 59 �2 6, .38 2,66- 2 3 5 2.66 Z:-3 4 2 -'6 6 2 4564 2.66 4 2 2, 73 2. 70, .-2 2 ..4 2 2. '13� 2. 49 5_ 2-78- 1 2.b2 �2, J� ..-2.50 2 56 2 88 2 0 a T�6 i�d 1;, .: 1) 1 ' 7 1 56 2 r" 9, -2.... -77� '5 73 j 2 6. -.74. 2.87 2 a -23. 2 A 2 2.64 2.7 2 7 2 q& 2-63 2.99 241. 24.� 2.93 2 a. 89 2. 2. 7 9: �,7 1 2'� 3. 0, 2. 7 3. 1 1 26.26;6 9. �'2 3'.'02 -2 3'0 - 3 09: 99 3 . 5., 2.83 3.08 3;. 18 2 7.27,-� 13 3. 08 . ... 0 2 2.89 �O 3. 3- 13 O� 3,08 a 2. 9c, 32 2. 4 31-31-.v 3.20 _:3:}3 4 3. 1 3. 15 3. 1 a, 7: 0 32 329 3.26 3. U5 2 ,3.2 3..:-t 1 - -,3-. 3 32 -01 3.41 30- 3o,".0 ,3 .2:-, . 'I 3.2 3 Z2 3.0 34-34.9 3.37, ,3 3 2-1 3. 12 3 U 26! . . . . . 3 2. 9;- A I 3:,4i 2 6n 3. 18 32. -A 33. 33.,J� -Te 3A738 L 3.24 - - - - - - - - - - 5 3 4 tz , - �S. � . 3.30 3S.38 9 3,40 �35- 35,9,' 39. 39. 9 3. 43' 3.36 3.42 6-- 3 8 401-40.01 -3. 3.48 38 .51 3.60 -:3 ;:52.. 3. . . . . . . . . . .54 39.39 9 3.60 4.1 GRAVITY 0-40.0 (OAP I I 0: 10 GRAV I TV 13-11, 9 1 47'. -50. 25 9AP I 12. :io 13- 13 1.,.63, . 10. in 0, .91 us 91 11.11.9 97 04 i�: 62 2.02 2-07 16.16,9 2 1 1. 2. 0!�,.� 14,14 2.08 17 .14 2. 15 c�- sit- 17.9 `7 2.00 1 Z. 25 .98 2 2 0 5 .3 a 30 2 :2-. is 2.2817-17.9 zo - 20.- 9 1.21'.9 2 2.34 2 4 :,2,43 2 '55 2.41 2 53 2343.9 -36 20.20.9 - 2, 2. Sl 2. 54 24-24 9 -2.70 2.68, 21.21.1) 25-25.9 -:37- 2 57 % 2.60 44- 2.'-17 -�2 2.66 2. :2,5 26-26.9 2-,.42 75 23-23.-9 2-80 '84 2,82 2 7. 2.,1' :2. 47 - 2. as -2. 2� 017 24- 24. 9;. .9 2 60 2'--78 2. 13 2.94 2 6 j , � 1.:7 6 . gi:, i q 5 go t :.2. 74, 29-29.9 3.01 8: 28.28 o" F. 0., 8- Z: 30-30 3 27 2 sm p . . , . - : - S. 3. 08 13 6*-, o 4; 13 13 �18 3 '-2:-95 2.96 3:, 12 3.� 12 bi, -2. §j: 3' 3. o 1 06 29. 32' .01 3 12.9 3. 19 3 `24 3 3 to 3 33-33.9 3.25 3.29 3.26 3 .00" 118 3:z' 30.30. .3,23 33 S4: 33 54: 99 -- -- 3:,34 3'. A 4 3•z 3. 1 1 3.29 7 - I' . I.. . 1.9 _-3. -9 to 3_1 - 3 * 35 3 39 3. 3 32 3.32 3.21 32-32.9 36-36.9 3 -t(j .40 3.44 .3 7� 3 :36 3: -'2 -3.26 33-33 3�31 37.3 .9 3. 40' j .40 34-34.9 38-38 9 4 "!3 44 3.31 3.43 3.44 17 35-35.9 3. 3�9r. ;3, .30 39 3.48 2 .9 3. 4 3,48 .3-41 -9 37-37.9 40-40. 3 7 3.52. 3. 4f; 3,. 52 p 3.5--- 3.49. 3.42 38-36.9 3, 54 6 3. 51 3. 47 3. 3•.60 3. 56 39.39. 40.41), • 1 � PIT MXI0 "'7 m n, �-75� rm 4 , , A V� vd• fW -�N