HomeMy WebLinkAboutUnion Oil - UNOCAL - Nuevo Energy Company -Torch Operating - 1985-08-20 31 _ gin,,& 0a'1
CI i Y OF HUNTINGTON BEA
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MEETING DATE: March 17, 2003 DEPARTMENT ID NUMBER: AS-03-14
Council/Agency Meeting Held:_T/o3
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied City Clerk's SignatLke
Council Meeting Date: March 17, 2003 Department ID Number: AS 03-14
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS a
SUBMITTED BY: RAY SILVER, City Administrator 6120
PREPARED BY: CLAY MARTIN, Director of Administrative Services
SUBJECT: APPROVE SITE LICENSE AGREEMENT WITH NUE ENERGY
COMPANY FOR A BOOSTER STATION FACILITY AT A SITE
NEAR PACIFIC COAST HIGHWAY AND WARNER BOULEVARD
Ea me:nt:o:flssue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
i
Statement of Issue: Should the City Council approve the site license agreement between
Nuevo Energy Company (NUEVO) and the City of Huntington Beach (CITY) for a booster
station facility at a site near Pacific Coast Highway and Warner Boulevard?
Funding Source: Not applicable. The agreement will generate revenues of $5,760.00 per
year for the first year and will increase annually thereafter.
Recommended Action: Approve and authorize the Mayor and City Clerk to execute a site
license agreement between NUEVO and the CITY for a booster station facility at a site near
Pacific Coast Highway and Warner Boulevard based on the terms and conditions as
presented herein.
Alternative Action(s):
1. Do not approve the site license agreement between NUEVO and the CITY.
2- Approve the site license agreement between NUEVO and the CITY with alternative terms
and conditions.
Anal,: In 1964, Union Oil Company (UNION) entered into a lease with the Sunset
S nitary District (DISTRICT) for a booster pump location at a site near the intersection of
Pacific Coast Highway and Warner Boulevard (see Attachment 1). The booster pump station
provides freshwater to an offshore oil platform. The CITY is a successor-in-interest to the
HAMike's Project Folder\Torch_Nuevo Energy\Nuevo Energy RCA 03MAR03.doc
3/6/2003 3:43 PM �(�
REQUEST FOR ACTION
MEETING DATE: March 17, 2003 DEPARTMENT ID NUMBER: AS-03-14
DISTRICT, and UNION assigned their interest in the agreement to NUEVO. Recently, short
term extensions were given to NUEVO while the CITY drafted a Letter of Intent to create a
more contemporary license agreement that incorporated our most recent risk management
and legal requirements and set forth a new rent structure.
In January 2003, Real Estate Services received the executed Letter of Intent from NUEVO
and the City Attorneys office began crafting the new license agreement. NUEVO reviewed
and executed the new license agreement and it is now presented for City Council approval.
Staff has prepared a site license agreement with NUEVO (see Attachment 2). The site
license agreement provides that NUEVO will pay the CITY an annual fee of$5,760.00 in rent
for the first year with provision for extension and annual rent increases thereafter.
The term of the site license agreement is for five years with two extensions of five years
each, subject to approval by the Director of Administrative Services, for a total possible term
of fifteen years. The license agreement also contains a 90-day termination clause, whereby
either party can terminate the agreement without cause. NUEVO has agreed to the terms
and conditions of the site license agreement. The Real Estate Division of Administrative
Services, which is the operating department for site license agreements, along with the City
Attorney's Office, recommend the approval of this site license agreement.
Environmental Status: Not applicable
Attachment(s):
ClerW
• - Number No. Desdription
1 Location Map of the Booster Station Site
2 Site License Agreement with Nuevo Energy Company
RCA Author: M. Heineke x5544
H:\Mike's Project Folder\Torch_Nuevo Energy\Nuevo Energy RCA 03MAR03.doc -
3/6/2003 12:10 PM
ATTACHMENT # 1
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FCTIONA !_ DISTRICT MAP 30-5-11
CITY OF -
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RANGE COli �TY, CALIFORNIA
USE OF PROPERTY MAP
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ATTACHMENT #2
LICENSE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND NUEVO ENERGY COMPANY
FOR BOOSTER STATION AT PCH/WARNER
Table of Contents
SECTION PAGE
1 Permission................................................................................................................2
2 Term.........................................................................................................................2
3 License Fee ..............................................................................................................2
4 Late Charge and Penalty..........................................................................................2
5 Superseding of Prior License Agreements...............................................................2
6 Reservations, Encumbrances and Rights-of-Way....................................................2
7 Time of Essence.......................................................................................................3
8 Extension..................................................................................................................3
9 Escalator Upon Extension........................................................................................4
10 Termination..............................................................................................................4
11 Maintenance.............................................................................................................4
12 Control of Equipment ..............................................................................................4
13 Removal of the Facility Upon Termination.............................................................5
14 Additions,Alterations and Removal........................................................................5
15 City's Contract Administrator..................................................................................5
16 Indemnification, Defense and Hold Harmless.........................................................5
17 Workers' Compensation Insurance ..........................................................................6
18 General Public Liability Insurance ..........................................................................6
19 Certificates of Insurance; Additional Insured Endorsements ..................................7
20 Insurance Hazards....................................................................................................7
21 Release.....................................................................................................................8
22 Waste........................................................................................................................8
23 Damage, Destruction or Nuisance ...........................................................................8
24 Payment of Obligations............................................................................................9
25 Utilities and Services...............................................................................................9
26 Signs and Advertising..............................................................................................9
27 Assignment ..............................................................................................................9
28 Terms Binding on Success.......................................................................................11
29 Default......................................................................................................................11
30 Remedies..................................................................................................................12
31 Waiver of Claims.....................................................................................................14
32 Hazardous Substances..............................................................................................14
33 Nondiscrimination....................................................................................................15
34 Destruction...............................................................................................................16
35 Eminent Domain......................................................................................................17
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36 City's Option to Close the Property.........................................................................17
37 Conflict of Interest...................................................................................................18
38 No Title Interest.......................................................................................................18
39 Notice.......................................................................................................................18
40 Compliance with Laws ............................................................................................19
41 Interpretation of this License Agreement ................................................................20
42 Survival....................................................................................................................20
43 Modification.............................................................................................................20
44 Section Headings .....................................................................................................20
45 Attorney's Fees.........................................................................................................21
46 Governing Law........................................................................................................21
47 Duplicate Original....................................................................................................21
48 Entirety.....................................................................................................................21
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LICENSE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH
AND NUEVO ENERGY COMPANY
FOR BOOSTER PUMP FACILITY AT PCH/WARNER
This License Agreement is made and entered into on this /7 day of
200.5, by and between the CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of California ("CITY") and Nuevo Energy Company, a
Delaware corporation("LICENSEE").
WHEREAS, CITY is the owner of certain real property located on the north side of
Warner Avenue, east of Pacific Coast Highway in the parking lot just west of the Warner Fire
Station in the City of Huntington Beach, Orange County, California, and commonly known as
the "Booster Pump Facility at PCH/Warner" (hereafter referred to as "the Property"); and
LICENSEE desires to maintain and operate the Booster Pump Facility at PCH/Warner
(hereafter referred to as "the Facility") on the Property under the terms contained in this License
Agreement; and
CITY desires to grant LICENSEE a license (hereafter referred to as "the License") to
maintain and operate the Facility on the Property in the manner set forth in this License
Agreement; and
CITY and LICENSEE wish to enter into this LICENSE AGREEMENT defining their
respective rights and responsibilities concerning said License.
NOW, THEREFORE, in consideration of the promises and Agreements hereinafter made
and exchanged, the CITY and LICENSEE covenant and agree as follows:
SECTION 1. PERMISSION
Permission is hereby given to LICENSEE to enter upon the Property for the purpose of
operating and maintaining the Facility.
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SECTION 2. TERM
This term of this License is five (5) years, commencing October 1, 2002 through
September 30, 2007, unless extended, or sooner terminated, as provided for herein.
SECTION 3. LICENSE FEE
In consideration of this License, LICENSEE agrees to pay to CITY a fee ("License Fee")
of$5,760.00 per year for the use of the Property so that it may operate the Facility. LICENSEE
shall pay the License Fee annually in advance on or before October 1st of each year during the
term of this LICENSE AGREEMENT to the CITY at the City Treasurer's Office, P.O. Box 711,
Huntington Beach, California, 92648, or at such other place or places as CITY may from time-
to-time designate by written notice delivered to LICENSEE in the manner set forth in Section 39
of this License Agreement.
SECTION 4. LATE CHARGE AND PENALTY
If the License Fee is not received by the City Treasurer by October 1 oth of each year
during the term of this LICENSE AGREEMENT, or the next business day if October 1 Oth falls
on a weekend or holiday, LICENSEE shall pay the following late charge and penalty: (1) a late
charge of ten percent (10%) shall be applied to any outstanding balance after any payment
hereunder is due but unpaid; and (2) one and a half percent (1 '/2%) penalty per month shall be
added for each month the License Fee is due but unpaid.
SECTION 5. SUPERSEDING OF PRIOR LICENSE AGREEMENTS
This LICENSE AGREEMENT shall supersede and replace any prior agreement(s) for the
Property relating to the Facility entered into by and between the parties.
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SECTION 6. RESERVATIONS, ENCUMBRANCES AND RIGHTS-OF-WAY
(a) CITY expressly reserves all rights to any natural resources in, on, or two hundred
fifty (250) feet under the Property, including, without limitation, oil, coal, natural
gas and other hydrocarbons, minerals, aggregates, timber and other geothermal
resources, as well as the right to grant any other leases, licenses, or other
contractual arrangements in and over the Property for the extraction of such
natural resources. However, such leasing, licensing, or other arrangement shall be
neither inconsistent nor incompatible with the rights or privileges of LICENSEE
under this LICENSE AGREEMENT.
(b) CITY expressly reserves the right to convey or encumber the Property, in whole
or in part, for any purpose not inconsistent or incompatible with the rights or
privileges of LICENSEE under this LICENSE AGREEMENT. In addition,
LICENSEE agrees to subordinate this LICENSE to any existing or future CITY
financing regarding the Property or any portion thereof. LICENSEE also agrees
to cooperate and provide any documentation necessary for CITY to obtain any
such financing.
(c) The License is subject to pre-existing contracts, licenses, easements,
encumbrances and claims affecting the Property, if any, and it is made without
warranty by CITY of title, condition or fitness of the land for the stated or
intended use.
SECTION 7. TIME OF ESSENCE
Time shall be of the essence of this LICENSE AGREEMENT and each and all of its
terms, covenants or conditions in which performance is a factor.
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SECTION 8. EXTENSION
This LICENSE AGREEMENT may be extended for up to two separate successive terms
of five (5) years each, with each five (5) year term commencing on the expiration of the prior
term. Written notice of LICENSEE's request to extend each term must be provided to the
Director of Administrative Services of CITY for approval no fewer than six (6) months prior to
the expiration of the then current license term, or extension thereof. The Director of
Administrative Services will decide whether LICENSEE's request for each extension will be
granted or denied, and will notify LICENSEE of his decision no later than 45 days after
receiving the request for extension. If the request for an extension is denied, this LICENSE will
automatically terminate at the end of its current term. If the request for an extension is granted,
this LICENSE will automatically be extended for an additional five year period.
SECTION 9. ESCALATOR UPON EXTENSION
Each separate five (5) year extension of the License term authorized by Section 8 above
shall result in an increase of ten (10)percent in the License Fee. In addition, annually thereafter,
the License Fee shall increase by five (5) percent or by that percentage increase which occurred
in the Consumer Price Index as published by the United States Department of Labor Statistics for
all consumers for the Los Angeles, Anaheim, Riverside Metropolitan Statistical Area during the
preceding one (1) year period, whichever is greater.
SECTION 10. TERMINATION
This LICENSE AGREEMENT may by terminated by either party without cause on
ninety (90) days written notice delivered to the other party to this LICENSE AGREEMENT in
the manner set forth in Section 39 of this License Agreement.
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SECTION 11. MAINTENANCE
LICENSEE agrees to care for and maintain the Facility, at LICENSEE's sole cost and
expense, during the entire term of this LICENSE AGREEMENT or any extension thereof, in
.good and satisfactory condition as acceptable to the CITY. In the event LICENSEE does not
maintain the Property in a satisfactory manner, LICENSEE authorizes CITY to perform such
maintenance on LICENSEE's behalf. All costs incurred performing said maintenance shall be
assessed to and billed directly to the LICENSEE. LICENSEE agrees to pay such costs within
ten (10) days of billing.
SECTION 12. CONTROL OF EQUIPMENT
LICENSEE shall keep any equipment used or brought onto the Property for the purposes
of operating or maintaining the Facility under its absolute and complete control at all times and
said equipment shall be used on the Property at the sole risk of LICENSEE.
SECTION 13. REMOVAL OF THE FACILITY UPON TERMINATION
Upon termination of this LICENSE AGREEMENT, LICENSEE will remove the Facility
placed on the property and restore the Property to its natural condition to the satisfaction of, and
at no cost to,the CITY.
SECTION 14. ADDITIONS, ALTERATIONS AND REMOVAL
(a) No modifications, alterations or additions to the Property or Facility, including,
without limitation, landscape design, construction of additional structures or
changes to the structural design of the Facility, shall be constructed or made by
LICENSEE without first obtaining the prior written approval of CITY, which may
be withheld by CITY in its sole and complete discretion.
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(b) Except as provided under this LICENSE AGREEMENT, no alteration or removal
of the Facility or natural features of the Property shall be undertaken without
LICENSEE first obtaining the prior written approval of CITY.
(c) LICENSEE's obligation to obtain-CITY's prior written approval is separate and
independent of.LICENSEE's obligation to obtain any permits from CITY, such
as, without limitation, a building permit.
SECTION 15. CITY'S CONTRACT ADMINISTRATOR
CITY's Director of Administrative Services, or his designee, shall be CITY's Contract
Administrator for this LICENSE AGREEMENT with the authority to act on behalf of CITY for
the purposes of this LICENSE.AGREEMENT, and all CITY approvals and notices required to
be given herein to CITY shall be so directed and addressed.
SECTION 16. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS
LICENSEE hereby agrees to protect, defend, indemnify and hold harmless CITY, its
officers, elected or appointed officials, employees, agents and volunteers from and against any
and all claims, damages, losses, expenses,judgments, demands and defense costs (including,
without limitation, costs and fees of litigation (including arbitration) of every nature or liability
of any kind or nature) arising directly or indirectly out of the grant of the License under this
LICENSE AGREEMENT including that arising from the passive concurrent negligence of
CITY, but save and except those which arise out of the active concurrent negligence, sole
negligence, or the sole willful misconduct of CITY. LICENSEE will conduct all defense at its
sole cost and CITY shall approve selection of LICENSEE's counsel. The CITY shall be
reimbursed by LICENSEE for all costs and attorney's fees incurred by CITY in enforcing the
obligations set forth in this Section. This indemnity shall apply to all claims and liability
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regardless of whether any insurance policies are applicable. The policy limits do not act as
limitation upon the amount of indemnification to be provided by LICENSEE.
SECTION 17. WORKERS' COMPENSATION INSURANCE.
Pursuant to the California Labor Code Section 1861, LICENSEE acknowledges
awareness of Section 3700 et seq. of said code; which requires every employer to,be insured .
against liability for workers' compensation; LICENSEE covenants that it will comply with all
such laws and provisions prior operating the Facility on the Property pursuant to this license.
LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence,
One Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, and Two
Hundred Fifty Thousand Dollars ($250,000)bodily injury by disease, policy limit, at all times
incident hereto, in forms and underwritten by insurance companies satisfactory to CITY.
SECTION 18. GENERAL LIABILITY INSURANCE
In addition to LICENSEE's covenant to defend, hold harmless and indemnify CITY,
LICENSEE shall carry at all times, on all activities to be performed on the Property and/or the
Facility as contemplated herein, general liability insurance, including coverage for bodily injury
and property damage. All insurance shall be underwritten by insurance companies in forms
satisfactory to CITY. Said insurance shall name the CITY, its officers, agents and employees
and all public agencies as determined by the CITY as Additional Insureds. LICENSEE shall
subscribe for and maintain said insurance policies in full force and effect during the life of this
License Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined
single limit coverage. If coverage is provided under a form which includes a designated general
aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event
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of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of
limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY and
agrees to provide certificates evidencing the same. -Under-ace Fha11 said- oue
J0,
SECTION 19. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENT
LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City
Attorney evidencing the foregoing insurance coverages as required by this License Agreement;
said certificates shall provide the name and policy number of each carrier and policy, and shall
state that the policy is currently in force and shall promise to provide that such policies will not
be canceled without thirty (30) days prior written notice to CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until this License Agreement is terminated.
The requirement for carrying the foregoing insurance shall not derogate from the
provisions for indemnification of CITY by LICENSEE under this License Agreement. CITY or
its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S insurance
policies, naming the CITY, its officers and employees as Additional Insureds shall be provided
to the City Attorney for approval upon execution of this License Agreement by LICENSEE.
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SECTION 20. INSURANCE HAZARDS
LICENSEE shall not commit or permit the commission of any acts on the Property or
Facility nor use or permit the use of the Property or Facility in any manner that will increase the
existing rates for, or cause the cancellation of any liability,property, or other insurance policy for
the Property required by this LICENSE AGREEMENT. LICENSEE shall, at its sole cost and
expense, comply with all requirements of any insurance carrier providing any insurance policy
for the Property and/or Facility or required by this LICENSE AGREEMENT necessary for the
continued maintenance of these policies at reasonable rates.
SECTION 21. RELEASE
LICENSEE hereby releases and forever discharges CITY of and from any and all claims,
demands, actions or causes of action whatsoever which LICENSEE may have, or may hereafter
have, against the CITY specifically arising out of the matter of the entry of LICENSEE onto the
Property or the operation of the Facility. This is a complete and final release and shall be
binding upon LICENSEE and the heirs, executors, administrators, successors and assigns of
LICENSEE'S use of the Property and Facility under this LICENSE AGREEMENT. LICENSEE
hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever
providing to the contrary. Neither the acceptance of this RELEASE nor any payment made
hereunder shall constitute any admission of any liability of CITY.
SECTION 22. WASTE
LICENSEE shall not alter, damage or commit any kind of waste upon the Property of
Facility or any improvement, equipment or personal property thereon and shall not interfere in
any manner with the operations or activities of CITY. LICENSEE shall not cause any
workmen's or materialmen's liens to be placed upon the Property or Facility and agrees to
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indemnify and hold CITY harmless against any such liens including but not limited to the
payment of attorneys' fees.
SECTION 23. DAMAGE, DESTRUCTION OR NUISANCE
LICENSEE shall not.commit or permit the .commission by others of any damage or
destruction of, on, or to the Property or Facility. LICENSEE shall not maintain, commit or
permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section
3480 of the California Civil Code on the Property; and LICENSEE shall not use or permit the
use of the Property or Facility for any unlawful purpose.
SECTION 24. PAYMENT OF OBLIGATIONS
LICENSEE shall promptly pay, at its sole cost and expense, before they become
delinquent, any and all bills, debts, liabilities and obligations incurred by LICENSEE in
connection with LICENSEE's use of the Property and operation of the Facility. Upon request,
LICENSEE shall promptly furnish to CITY satisfactory evidence establishing such payment.
SECTION 25. UTILITIES AND SERVICES
LICENSEE shall be responsible for the payment of all utility charges, including, without
limitation, gas, electricity, water, telephone service, cable TV service, and the furnishing of all
necessary refuse and garbage containers and the removal and disposal of all rubbish, refuse and
garbage resulting from the operation of the Facility. All such rubbish, refuse and garbage
removed shall be disposed of in accordance with applicable laws and local ordinances. All trash
containers and/or trash bins shall be adequately screened and located to the satisfaction of CITY.
For the purposes of this Section, sewage disposal shall be construed as a utility. All such charges
shall be paid by LICENSEE directly to the provider of the service and shall be paid as they
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become due and payable. Upon request, LICENSEE shall promptly furnish to CITY satisfactory
evidence establishing such payment.
SECTION 26. SIGNS AND ADVERTISING
CITY shall have the .right to approve in its sole discretion and at any.time require
LICENSEE to change or remove signs, names, placards, decorations or advertising placed on, or
inscribed, painted or affixed upon the Facility. Should CITY approve of any sign, name, placard,
decoration or advertising, LICENSEE shall maintain the same at all times during the entire term
of this LICENSE AGREEMENT or any renewals or extensions thereof. All signs, names,
placards, decorations or advertising must comply with all requirements of any governmental
authority with jurisdiction.
SECTION 27. ASSIGNMENT
(a) Prohibition of Assignment. The parties acknowledge that CITY is entering into
this LICENSE AGREEMENT in reliance upon the experience and abilities of
LICENSEE and its principals. Consequently, LICENSEE shall not voluntarily
assign, encumber or otherwise transfer its interest in the LICENSE
AGREEMENT or allow any other person or entity (except LICENSEE's
authorized representatives) to occupy or use all or any part of the Property or
Facility without the prior written consent of CITY, which consent may be
withheld at CITY's sole discretion. Provided, however, that CITY's consent shall
not relieve LICENSEE from any and all of its obligations, liabilities, duties or
responsibilities under this LICENSE AGREEMENT. Any assignment,
encumbrance, occupation or use of the Property or Facility without such consent
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shall be voidable and, at CITY's sole discretion, shall constitute a Default of this
LICENSE AGREEMENT.
(b) Consent to Transfer. CITY's consent to any assignment, use, or other transfer
the rights under this LICENSE AGREEMENT is subject to LICENSEE providing
CITY with evidence satisfactory to CITY that the proposed, assignee, user, or
other transferee has suitable financial strength, experience and character for
operation and control of the Facility and that the use of the Property by the
proposed assignee, user, or other transferee is consistent with that specified
herein, and is commercially reasonable. Any proposed assignee, user, or other
transferee shall agree to abide by the terms and conditions of the LICENSE
AGREEMENT including, without limitation, all the obligations, liabilities, duties
and responsibilities of LICENSEE, and other conditions imposed upon it pursuant
to law. An approval by CITY to one assignment, use, or other transfer shall not
be deemed to be an approval to any other assignment, or other transfer.
(c) Voluntary assignment defined. Except as otherwise expressly provided herein,
any dissolution, merger, consolidation or reorganization of LICENSEE, or the
sale or other transfer resulting in a transfer of a controlling percentage of the
capital stock of LICENSEE shall be deemed a voluntary assignment.
SECTION 28. TERMS BINDING ON SUCCESSORS
All the terms, covenants and conditions of this LICENSE AGREEMENT shall inure to
the benefit of, and be binding upon, the parties and their successors, including, without
limitation, their assignees, users, or other transferees. The provisions of this Section shall not be
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deemed as a (1) waiver of any of the prohibitions and conditions against assignments, or uses, or
other transfers hereinbefore set forth, or(2) CITY's consent thereto.
SECTION 29. DEFAULT
The occurrence of any one or more of the following events shall constitute a:material
default and breach("Default") of this LICENSE AGREEMENT by LICENSEE:
(a) LICENSEE's failure to make any payment of the License Fee or other payment
required to be made by LICENSEE at the time required for payment under this
LICENSE AGREEMENT.
(b) LICENSEE's failure to obtain or maintain the insurance required under this
LICENSE AGREEMENT.
(c) LICENSEE's vacating or abandonment of the Facility during the entire term of
this LICENSE AGREEMENT or any renewals or extensions thereof, during any
holdover period.
(d) LICENSEE's violation of Section 16 (Indemnification, Defense and Hold
Harmless), Section 27 (Assignment), Section 32 (Hazardous Substances), Section
33 (Nondiscrimination), Section 37 (Conflict of Interest) or Section 40
(Compliance with Laws).
(e) The insolvency of LICENSEE as evidenced by a receiver being appointed to take
possession of all or substantially all of LICENSEE's assets located at or on the
Property or of LICENSEE's interest in this LICENSE AGREEMENT, or the
making by LICENSEE of a general arrangement or assignment for the benefit of
creditors, or LICENSEE's filing a petition in bankruptcy, whether voluntary or
involuntary, or the attachment, execution or the judicial seizure of substantially all
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of LICENSEE's assets located at or on the Property or of LICENSEE's interest in
the LICENSE AGREEMENT.
(f) LICENSEE's failure to observe or perform any other term, covenant, obligation,
duty, responsibility,or condition of this LICENSE AGREEMENT to be observed
or performed by LICENSEE when such failure shall continue for a period of
thirty (30) days after CITY's giving written notice to LICENSEE, or such earlier
period if specifically set forth in this LICENSE AGREEMENT; however, if the
nature of such failure is such that more than thirty (30) days are reasonably
required for its cure, then LICENSEE shall not be deemed to be in Default if
LICENSEE notifies CITY of the length of the additional time required to cure and
receives CITY's written approval of the additional time required, which approval
will not be unreasonably withheld, and commences such cure within such thirty
(30) day period and diligently proceeds with such cure to completion during such
additional time period approved by CITY.
SECTION 30. REMEDIES
(a) Cumulative Nature of Remedies. In the event of any Default by
LICENSEE, CITY shall have the remedies described in this Section in
addition to all other rights and remedies provided by law or equity, to
which CITY may resort cumulatively or in the alternative:
(1) Termination. In the event of a Default by LICENSEE, CITY
may at CITY's sole discretion terminate this LICENSE
AGREEMENT by giving LICENSEE written notice of
termination. In the event CITY terminates this LICENSE
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AGREEMENT, LICENSEE is obligated to remove the Facility as
provided hereunder. If LICENSEE fails to remove Facility within
ten (10) days, CITY may remove the Facility. CITY also shall be
entitled to recover as damages all of the following:
(A) The worth at the time of the award of any unpaid
LICENSEE FEE or other charges which have been earned
at the time of termination;
(B) Any other amount necessary to compensate CITY
for the detriment proximately caused by LICENSEE's
failure to perform .its obligations, liabilities, duties or
responsibilities under this LICENSE AGREEMENT; and
(C) At CITY's sole discretion, such other amounts in
addition to or in lieu of the foregoing as may be permitted
from time to time by applicable California law.
(b) Election of Remedy. The election of one remedy for any one item shall
not foreclose an election of any other remedy for another item or for the
same item at a later time.
(c) Right to Cure. Upon continuance of any Default, CITY may in its sole
discretion, but is not obligated to, cure such Default at LICENSEE's sole
cost and expense. If CITY at any time, by reason of such Default by
LICENSEE, pays any sum or does any act, the sum paid by CITY plus the
reasonable cost of performing such act, together with a penalty thereon at
the penalty rate set forth in Section 4 above from the date the costs were
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incurred or the act performed by CITY to the date they are reimbursed to
CITY by LICENSEE, shall be due not later than five (5) days after service
of a written demand therefor on LICENSEE, including reasonably detailed
documentation of the amount owed. No such payment or act shall
constitute a waiver of Default or of any remedy for Default or render
CITY liable for any loss or damage resulting from any such act.
(d) Other Rights. No act of CITY, including, without limitation, CITY's
entry on the Property, efforts to lease the Property, or maintenance of the
Property, shall be construed as an election to terminate this LICENSE
AGREEMENT unless a written notice of such intention is given to
LICENSEE by CITY or unless the termination thereof is decreed by a
court of competent jurisdiction. Notwithstanding if CITY elects to
continue the LICENSE AGREEMENT in full force and effect after a
Default by LICENSEE, CITY may at any time elect to terminate this
LICENSE AGREEMENT for any such Default.
SECTION 31. WAIVER OF CLAIMS
LICENSEE hereby waives any claim against CITY, its officers, elected or appointed
officials, employees, agents or volunteers for damage or loss caused by any suit or proceeding
directly or indirectly attacking the validity of this LICENSE AGREEMENT, or any part thereof,
or caused by any judgment or award in any suit or proceeding declaring this LICENSE
AGREEMENT null, void or voidable, or delaying the LICENSE AGREEMENT or any part
thereof from being carried out.
16
G:\AGREEMT\2002\Nuevo Energy.doc 1/8/2003
SECTION 32. HAZARDOUS SUBSTANCES
LICENSEE represents and warrants that its use of the Property or operation or
maintenance of the Facility shall not generate any Hazardous Substance (as defined below in this
Section), and that LICENSEE shall not store or dispose on the Property nor transport to or over
the Property any Hazardous Substance during the entire term of this LICENSE AGREEMENT
or any extensions thereof. The foregoing restrictions shall not be deemed to restrict or prohibit
the use by LICENSEE of ordinary cleaning products as customarily used in LICENSEE's
ordinary course of operation or maintenance of the Facility, provided that LICENSEE complies
with all provisions of law as to the use, storage and disposal of such products. LICENSEE .
further agrees to clean up and remediate any such Hazardous Substance on the Property, and
agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed
officials, employees, agents and volunteers from and against any and all claims, damages, losses,
expenses,judgments, demands and defense costs (including, without limitation, costs and fees of
litigation (including arbitration) of every nature or liability of any kind or nature) arising out of
or in connection with any such Hazardous Substance and any damage, loss, or expense or
liability resulting from any such Hazardous Substance including, without limitation, all
attorney's fees, costs and penalties incurred as a result thereof except any release caused by the
sole negligence or willful misconduct of CITY. CITY shall be reimbursed by LICENSEE for all
costs and attorney's fees incurred by CITY in enforcing LICENSEE's obligations set forth in this
Section. LICENSEE will conduct all defense at its sole cost and expense and CITY shall
approve selection of LICENSEE's counsel. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act as
limitation upon the amount of indemnification to be provided by LICENSEE. "Hazardous
17
G:\AGREEMT\2002\Nuevo Energy.docl/8/2003
substance" shall be interpreted broadly to mean any substance or material defined or designated
as a hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive
substance, or other similar term, by any Federal, State or local environmental law, regulation or
rule presently in effect or promulgated in the future, as such law, regulation_or rule may be
amended from time to time; and it shall be interpreted to include, without limitation, any
substance which after release into the environment will or may reasonably be anticipated to
cause sickness, death or disease.
SECTION 33. NONDISCRIMINATION
In the performance of this LICENSE AGREEMENT, LICENSEE shall not discriminate
against any employee hired by LICENSEE to operate or maintain the Facility, because of race,
religion, color, ancestry, sex,:age, national origin or physical handicap. LICENSEE shall take
affirmative action to ensure that all such employees are employed and that employees are treated
during employment, without regard to their race, religion, color, ancestry, sex, age, national
origin or physical handicap. Such action shall include, without limitation, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including,
without limitation, apprenticeship.
LICENSEE shall permit access to its records of employment, employment
advertisements, application forms, and other pertinent data and records by CITY, the State Fair
Employment Practices Commission or any other agency with jurisdiction over these matters, for
the purpose of investigation to ascertain compliance with this Section.
CITY may determine a violation of this Section to have occurred upon receipt of a finial
judgment having that effect from a court in an action to which LICENSEE was a party, or upon
18
G:\AGREEMT\2002\Nuevo Energy.docl/8/2003
receipt of a written notice from the State Fair Employment Practices Commission or other
government agency with jurisdiction over these matters that it has investigated and determined
that LICENSEE has violated the Fair Employment Practices Act or other applicable
discrimination law and has issued an order which has become final, or obtained an injunction. In
the event of violation of this Section, CITY shall have the right to terminate this LICENSE
AGREEMENT, and any loss of revenue sustained by CITY by reason thereof shall be borne and
paid for by LICENSEE, at its sole cost and expense.
SECTION 34. DESTRUCTION
Should the Property or Facility be partially destroyed, this LICENSE AGREEMENT
shall continue in full force and effect, and LICENSEE, at LICENSEE's sole cost and expense,
shall complete the work-of repairing and restoring the Property and Facility to their prior
condition providing such work can be accomplished under all applicable governmental laws and
regulations within one hundred eighty (180) days. Should the Property or Facility be so far
destroyed that in CITY's reasonable judgment they cannot be repaired or restored to their former
condition within one hundred eighty (180) days, CITY shall give LICENSEE notice of such
determination in writing and each party may, in that party's sole discretion:
(a) Continue this LICENSE AGREEMENT in full force and effect in which case
LICENSEE shall repair and restore, at LICENSEE's sole cost and expense, the
Property and Facility to their former condition; or
(b) Terminate this LICENSE AGREEMENT by giving the other party thirty (30)
days' written notice of its election to terminate the LICENSE AGREEMENT. In
the event that either party elects to terminate this LICENSE AGREEMENT, the
entire amount of any insurance proceeds, if any, shall be paid to CITY. The
19
GAAGREEMT\2002\Nuevo Energy.docl/8/2003
proceeds of any such insurance payable to CITY may be used, in the sole
discretion of CITY, for rebuilding or repair as necessary to restore the Property or
for any other such purpose(s) as CITY sees fit. In addition, if LICENSEE elects
to terminate the LICENSE.AGREEMENT, LICENSEE must still comply with all
of its obligations, liabilities, duties and responsibilities under the LICENSE
AGREEMENT, including, without limitation, paying any License Fee up to the
time of termination.
SECTION 35. EMINENT DOMAIN
If, during the term of this LICENSE AGREEMENT or any renewals or extensions
thereof or during any holdover period, the Property is taken in eminent domain, the entire award
(that is, all forms) of compensation, other than as provided herein, shall belong to and be paid to
CITY. In the event of condemnation, LICENSEE shall not be entitled to an award of
compensation from the condemning authority including any: compensation for loss of business
goodwill; compensation for the value of any of this License Agreement; compensation for the
value of any of LICENSEE's personal property; compensation for the value of any of
LICENSEE's trade inventory; and compensation for relocation benefits as authorized by law.
All compensation shall belong to and be paid to CITY. In the event of condemnation, unless
LICENSEE is allowed by the condemning authority to continue its operations on the Property,
the LICENSE AGREEMENT shall terminate on the earliest of the following dates: the date the
condemning authority obtains a prejudgment order for possession; the date title to the Property
vests in the condemning authority; or the date when LICENSEE is required by the condemning
authority to cease its operations.
20
GAAGREEMT\2002\Nuevo Energy.docl/8/2003
SECTION 36. CITY'S OPTION TO CLOSE THE PROPERTY
CITY may close the Property without liability and without advance notice to LICENSEE
therefor at any time as CITY in its sole discretion deems necessary for the protection of life, limb
or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect
any repair, remodeling or rebuilding deemed necessary by CITY in its sole discretion. The
length of time of any closing of the Property by CITY longer than two (2) weeks during a period
when the Facility would otherwise be operating shall extend the term of the LICENSE
AGREEMENT by the same amount of time. If this occurs, LICENSEE and CITY shall
memorialize this extension in writing.
SECTION 37. CONFLICT OF INTEREST
LICENSEE warrants and covenants that no official or employee of CITY, nor any
business entity in which an official or employee of CITY is interested, (1) has been employed or
retained by LICENSEE to solicit or aid in the procuring of this LICENSE AGREEMENT; or (2)
shall be employed by LICENSEE in the performance of this LICENSE AGREEMENT without
the immediate written divulgence of such fact to CITY. In the event CITY determines that the
employment of any such official, employee or business entity is not compatible with such
official's or employee's duties as an official or employee of CITY, LICENSEE, upon request of
CITY, shall terminate such employment immediately. For breaches or violation of this Section,
CITY shall have the right both to terminate this LICENSE AGREEMENT without liability and,
in its discretion, recover the full amount of any such compensation paid to such official,
employee or business entity. No official or employee of CITY shall have any financial interest
in this LICENSE AGREEMENT in violation of the applicable provisions of the California
Government Code.
21
G:\AGREEMT\2002\Nuevo Energy.docl/8/2003
SECTION 38. NO TITLE INTEREST
No title interest of any kind is hereby given and LICENSEE shall never assert any claim
or title to the Property.
SECTION 39. NOTICE
All notices, certificates, or other communications required to be given hereunder shall be in
writing and made in the following manner, and shall be sufficiently given and deemed received
when (a) personally delivered; or (b) three (3) business days after being sent via United States
certified mail — return receipt requested; or (c) one'(1) business day after being sent by reputable
overnight courier, in each case to the addresses specified below; provided that CITY and
LICENSEE, by notice given hereunder, may designate different addresses to which subsequent
notices, certificates or other communications will be sent:
CITY: LICENSEE:
CITY of Huntington Beach Nuevo Energy Company
ATTN: Director of Administrative Services ATTN: Arthur R. Boehm, Jr.
2000 Main Street, P.O. Box 190 1200 Discovery Drive
Huntington Beach, CA 92648 Bakersfield, CA 93309
SECTION 40. COMPLIANCE WITH LAWS
LICENSEE, at its sole cost and expense, shall comply with all statutes, ordinances,
regulations and requirements of all governmental entities, including, without limitation, Federal,
State, county or municipal, relating to LICENSEE's use of the Property and/or operation of the
Facility whether such statutes, ordinances, regulations and requirements be now in force or
hereinafter enacted. This LICENSE AGREEMENT is expressly subject to the laws, regulations
and policies of CITY. LICENSEE shall deliver to CITY a copy of any notice from any
governmental entity received by LICENSEE regarding any alleged violation of law regarding the
LICENSE AGREEMENT, the Property or the Facility or from any person allegedly entitled to
give notice under any conditions, covenants, or restrictions binding or affecting the Property or
22
G:\AGREEMT\2002\Nuevo Energy.doc 1/14/2003
Facility. The judgment of any court of competent jurisdiction, or the admission by LICENSEE
in a proceeding brought against LICENSEE by any government entity, that LICENSEE has
violated any such statute, ordinance, regulation or requirement shall be conclusive as between
CITY and LICENSEE and shall be grounds 1for termination of this LICENSE AGREEMENT by
CITY.
SECTION 41. INTERPRETATION OF THIS LICENSE AGREEMENT
The language of all parts of this LICENSE AGREEMENT shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this LICENSE AGREEMENT is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or
affect the remaining covenants and provisions of this LICENSE AGREEMENT. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here. As used
in this LICENSE AGREEMENT, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires. Nothing
contained herein shall be construed so as to require the commission of any act contrary to law,
and wherever there is any conflict between any provision contained herein and any present or
future statute, law, ordinance or regulation contrary to which the parties have no right to contract,
then the latter shall prevail, and the provision of this LICENSE AGREEMENT which is hereby
affected shall be curtailed and limited only to the extent necessary to bring it within the
requirements of the law.
SECTION 42. SURVIVAL
Terms and conditions of this LICENSE AGREEMENT, which by their sense and context
survive the expiration or termination of this LICENSE AGREEMENT, shall so survive.
SECTION 43. MODIFICATION
No waiver or modification of any language in this LICENSE AGREEMENT shall be
valid unless in writing and duly executed by both parties.
23
G:\AGREEMT\2002\Nuevo Energy.docl/8/2003
I
SECTION 44. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive phrases at
the beginning of the various sections in this LICENSE AGREEMENT are merely descriptive
and are.included solely for convenience of reference only and are not representative of matters
included or excluded from such provisions, and do not interpret, define, limit or describe, or
construe the intent of the parties or affect the construction or interpretation of any provision of
this LICENSE AGREEMENT.
SECTION 45. ATTORNEY'S FEES
Except as expressly set herein, in the event suit is brought by either party to construe, j
interpret and/or enforce the terms and/or provisions of this LICENSE AGREEMENT or to
secure the performance hereof, each party shall bear its own attorney's fees, such that the
prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party.
SECTION 46. GOVERNING LAW
This LICENSE AGREEMENT shall be governed and construed in accordance with the
laws of the State of California.
SECTION 47. DUPLICATE ORIGINAL
The original of this LICENSE AGREEMENT and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each duplicate
original shall be deemed an original instrument as against any party who signed it.
SECTION 48. ENTIRETY
The parties acknowledge and agree that they are entering into this LICENSE AGREEMENT
freely and voluntarily following extensive arm's length negotiations, and that each has had the
opportunity to consult with legal counsel prior to executing this LICENSE AGREEMENT. The
parties also acknowledge and agree that no representations, inducements, promises, License
Agreements or warranties, oral or otherwise, have been made by that party, or anyone acting on that
party's behalf, which are not embodied in this LICENSE AGREEMENT, and that that party has not
24
G:\AGREEMT\2002\Nuevo Energy.docl/8/2003
RL-QUEST FOR COUNCIL ACTh A
MEETING DATE: January 16, 1996 DEPARTMENT ID NUMBER: AS-95-019
Analysis: The original lease with Sunset Sanitary District as lessor was dated April 1,
1964 and May 13, 1964. Since May 1, 1970, UNOCAL was granted five year leases at
$1,000.00 per year with this amount remaining the same through subsequent five year
periods up to April 30, 1985. From May 1, 1985 to April 30, 1990, the lease amount was
$2,000 per year. The 8' by 8' lease parcel is located at the intersection of Pacific Coast
Highway and Warner Avenue in the parking lot just west of the Warner Fire Station. From
May 1, 1990 to April 30, 1995, the lease amount was $4,000 per year. The City will
receive $4,800 per year for a further five year period from May 1, 1995 to April 30, 2000.
Environmental Status:
Attachment(s):
1. Lease Agreement
2. Plat Map
RCAUNOCL.DOC -2- 01/04/96 1:44 PM
(- TInNAI- DISTRICT MAP 30-5-11
CITE' OF -
ILU -TINGTON BEACH
RANGE COU -N-TY, CALIFORNIA-
USE OF PROPERTY MAP
.VI/
it
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co
.01
1. IT 1
TM2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERIC
CONNIE BROCKWAY
CITY CLERK
January 24, 1996
Orange County Assessor's Office
P. O. Box 149
Santa Ana, CA 92702
Attention: Real Property Department
Enclosed is a lease agreement between the City of Huntington Beach and Union Oil
Company of California, dba UNOCAL for a portion of city-owned property located at the
intersection of Pacific Coast Highway and Warner Avenue which was approved by the
City Council of the City of Huntington Beach on January 16, 1996.
If you have any questions, please call the Office of the City Clerk at (714) 536-5227.
Connie Brockway, CIVIC
City Clerk
Evelyn Schubert, CIVIC
Deputy City Clerk
Enclosure
(Telephone:714-536-5227)
56726.9
AMENDMENT TO LEASE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
UNION OIL COMPANY OF CALIFORNIA
THIS AMENDMENT is entered into this 1st day of May , 1995, by
and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY" and
UNION OIL COMPANY OF CALIFORNIA, dba UNOCAL, a California corporation (hereinafter
"UNOCAL-).
WHEREAS, CITY and UNOCAL, are parties to that certain lease agreement, dated
June 2, 1970, and March 12, 1990; and
Since the execution of the lease agreement, CITY and UNOCAL desire to extend the
term of the lease and to increase the annual payment by twenty percent (20%) to Four
Thousand Eight Hundred Dollars ($4,800) per year;
NOW, THEREFORE, it is agreed by and between CITY and UNOCAL as follows:
1. TERM
The term of this agreement shall be for a period of five (5) years beginning May
11 1995 and ending April 30, 2000.
2. DELETION
The 25'x 25'water storage tank is deleted from the agreement in that the tank
has been removed from the site.
3. REAFFIRMATION
Except as otherwise specifically modified-herein, all other items and conditions
of the lease agreement shall remain in full force and effect.
1
3/k/unocal/6/22/95
RCA ROUTING SHEET
INITIATING DEPARTMENT: Administrative Services
SUBJECT: Lease Agreement for Water Booster Pump Site
located on City Property which services
UNOCAL Offshore Oil Island
COUNCIL MEETING DATE: January 16, 1996
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney) Attached
Subleases, Third Party Agreements, etc.
(Appoved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached
Financial Impact Statement (Unbudget, over $5,000) Not Applicable
Bonds (If applicable) Not Applicable
Staff Report (If applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED ,, FORWARDED.
Administrative Staff PE
Assistant City Administrator Initial
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM: -
(BelowA . a •
56726.9
AMENDMENT TO LEASE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
UNION OIL COMPANY OF CALIFORNIA
THIS AMENDMENT is entered into this 1st day of May , 1995" by
and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY" and
UNION OIL COMPANY OF CALIFORNIA, dba UNOCAL, a California corporation (hereinafter
"UNOCAL").
WHEREAS, CITY and UNOCAL, are parties to that certain lease agreement, dated
June 2, 1970, and March 12, 1990; and
Since the execution of the lease agreement, CITY and UNOCAL desire to extend the
term of the lease and to increase the annual payment by twenty percent (20%) to Four
Thousand Eight Hundred Dollars ($4,800) per year;
NOW, THEREFORE, it is agreed by and between CITY and UNOCAL as follows:
1. TERM
The term of this agreement shall be for a period of five (5) years beginning May
1, 1995 and ending April 30, 2000.
2. DELETION
The 25'x 25'water storage tank is deleted from the agreement in that the tank
has been removed from the site.
3. REAFFIRMATION
Except as otherwise specifically modified herein, all other items and conditions
of the lease agreement shall remain in full force and effect.
1
3/k/unocal/6/22/95
IN WITNESS WHEREOF, the parties hereto have executed this amendment as of the
date first above written.
UNION OIL COMPANY OF CALIFORNIA,
dba, UN AL CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
By: �`- California
K.JEMISON GENERAL MANAGER
REAL ESTATE r��V L "►
ITS: {circle one) hairma Presiders ice President °' ��.--
Mayor
Attested By: ,,.�Q- � /[.�.��
/'► t)E ft /�f�Cr
print name APPROVED AS TO FORM:
ITS: (cirGe ecretary/Chief Financial
Office As-t. Secrets Treasurer
p City Attorney
ATTEST:
INITI ED D AP� VIED:
City Clerk
Director of Adm' .istr tive Servi s
R D AND APPROVED:
City Administrator
2
3/k/unocal/2/2/95
!� NG
a
� C T InNAL DISTRICT MAP 30-5-11 �=
CITY OF
-
-TiUNTINGTON BEACH
, RANGE COUI TY, CALIFORNIA
USE OF PROPERTY MAP
-----------------
'rARNER Brit
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2 . Term
The term of this agreement shall be for a period of five
years beginning May 1, 1990 and ending April 30, 1995.
3 . Renewal
Upon mutual agreement by City and Unocal, this agreement may
be renewed for additional periods of five years each after May 1,
1995.
4. Termination
This agreement may be terminated by either party on 90 days
written notice.
5. Removal of Facilities
Following termination of this agreement, Unocal will remove
the facilities maintained under this agreement.
6. Annual Payment
Unocal will pay City the sum of Four Thousand Dollars
($4, 000. 00) on or before May 1 of each year during the term of this
agreement. Upon early termination under Paragraph 4 above, City
agrees to refund to Unocal the unused portion of the advance annual
rental.
7. Indemnification
Unocal hereby releases and discharges City from all claims
and demands by Unocal for loss of or damage to City's property, and
agrees to indemnify and defend City against and save City harmless.
from all costs and expenses, including attorney's fees, and all
liability, and claims and demands of others, for loss of or damage to
property, or injury to or death of persons, which may result directly
or indirectly from the giving, use or termination of, or operations
-2-
'!ANNING
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o-
TlnNA ! DISTRICT MAP 30-5-11 -E
CITY OF -
HU TTING TOOT BEACH
ORANGE COUNTY, CALIFORNIA
USE OF PROPERTY MAP
20
lLLAOON 7i
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ON OIL COMPANY OF CALIFOIO4A
CERTIFICATION
I, R. E. Jenkins, an Assistant Secretary of Union Oil Company
of California, do hereby certify that the following is a true and
correct excerpt of a resolution adopted at a meeting of the
Executive Committee of the Board of Directors of Union Oil Company
of California held at its principal office on Friday, the 16th day
of December, 1988, at which meeting a quorum of said Committee was
at all times present and voting and that said excerpt is now in full
force and effect:
"RESOLVED, That R. K. Jemison, Unocal Real Estate
Division, be and he hereby is authorized to execute,
deliver, accept, amend, extend, assign, terminate, and
cancel, in the name of and on behalf of Union Oil Company
of California, the following:
1. Easements, Licenses, Rights of Way, Franchises,
Consents to any of the foregoing, Permits, Bills of
Sale and other similar Agreements covering, in
connection with or relating to pipe lines, pole
lines, conduits, wire attachments, microwave
systems, roadways and related operations which have
been approved by the Board of Directors or the
Executive Committee or which involve consideration
of less than TWENTY-FIVE THOUSAND DOLLARS ($25,000) .
2 . Agreements for, in connection with or relating
to the use, furnishing, handling, acquisition, or
disposal of water, waste water, and public utility
services and facilities.
3 . Leases to others of the right to use the
surface of lands owned by the Company, and buildings
and facilities located thereon, which said leases do
not exceed two (2) years and are terminable upon
notice of not more than ninety (90) days on the part
of the Company.
4 . Consents to Subdivisions, and Contracts for
Services which have been approved by the Board of
Directors or the Executive Committee or which
involve amounts of less than THIRTY THOUSAND DOLLARS
($30, 000) .
5. Applications (including all Instruments in
connection therewith or supplementary thereto) for
Permits or Authorizations as may be required by the
Federal Government or by any state, county, or
municipality or other government body, or any
agency, department, bureau, commission or division
thereof, for or in connection with or relating to
the operation,, use or maintenance of the Company's
lands or operating facilities, including, but not
limited to, requests for Zoning variances.
6 All manner of Deeds covering the sale and/or
trade of property which are approved by the Board of
Directors or the Executive Committee or which
involve a sale or trade of ONE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS ($125, 000) or less in value. "
I further certify that pursuant to the foregoing R. K. Jemison
is acting within the scope of his authority in executing a Deed
Restriction, dated May 30, 1990 between Union Oil Company of
California, a California corporation, and the California Coastal
Commission, covering the property described on Exhibit 01B1° attached
hereto records of County of San Luis Obispo, State of California.
WITNESS my hand and the seal of said corporation this 31st day
of May, 1990.
UNION OIL C Y OF CALIFORNIA
E;727
7 . Jenkins
Assistant Secretary
Unocal Real Estate Divisio- PROPERTY
Unocal Corporation
1201 West 5th Street, P.O. , 7600
Los Angeles,California 90051
Telephone(213)977-5021 JUL 2 S 1990
MART-AGEMERT,
V Ift
X L
56726.8
July 24, 1990
W.H.Cotrei
Manager,Property Services City of Huntington Beach
City Hall
2000 Main Street
Huntington Beach, CA 92648
Attn: Mr. Dar. M. Brennan
Real Property Manager
Dear Dan:
Certification
As requested by Mr. Paul Larkin, enclosed is a copy of the
certificate of resolution authorizing Mr. R. K. Jemison, Unocal Real
Estate Division, to execute lease agreements on behalf of Union Oil
Company of California dba Unocal.
Best regards.
Very truly yours,
W. H. COTREL
By
Arne T. Adams
Assistant Manager,
Property Services
ATA:mh
Enclosure
J, CITY OF HL, NTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
July 26, 1990
Orange County Assessor' s Office
P. 0. Box 149
Santa Ana, CA 92702
Attn: Real Property Department
Enclosed is a lease agreement between the City of Huntington Beach and
Unocal Corporation for a portion of city-owned property located at the
intersection of Pacific Coast Highway and Warner Avenue which was
approved by the City Council of the City of Huntington Beach on
July 17, 1990.
If you have any questions, please call the Office of the City Clerk
at 536-5405.
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone:714-536-5227)
J, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
July 26, 1990
Unocal Real Estate Division
Unocal Corporation
P. 0. Box 7600
Los Angeles , CA 90051
Attn: R. K. Jemison
Enclosed is an executed copy of a Lease Agreement between Unocal and
the City of Huntington Beach which was approved by the City Council
of the City of Huntington Beach on July 16, 1990.
Connie Brockway
City Clerk
CB:bt
Enc.
(Telephone: 714-536-5227)
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
December 13, 1985
Orange County Assessor's Office
P. 0. Box 149
Santa Ana, CA 92702
Attn: Real Property Department
Enclosed is a copy of a lease agreement betweEn the City of Huntington
Beach and Union Oil Company for a portion of city-owned property
located at Warner Avenue, east of Pacific Coast Highway which was
approved by the City Council of the City of Huntington Beach on
August 8, 1985.
If you have any questions, please call the Office of the City Clerk
at 536-5227.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
(Telephone:79 4-536-5227)
J. CITY OF HUNTINGTONEAR
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
August 21 , 1985
Union Real Estate Division
Union Oil Company of California
P. 0. Box 7600
Los Angeles, CA 90051
The City Council of the City of Huntington Beach at its regular meeting
held Monday, August 19, 1985, approved a Lease Agreement between the City
and your firm for lease of a portion of City property located on Warner
Avenue, east of Pacific Coast Highway. at $2,000 yearly rent.
Enclosed is an executed copy of said agreement for your files.
Alicia M. Wentworth
City Clerk
AMW:bt
Enclosure
CC: Dan Brennan, Real Property Manager
Wayne Lee, Finance
(Telephone:714-536-5227)
REQUER FOR CITY COUNCIL ACTION
Date August 8, 1985
Submitted to: Honorable Mayor and City Council APPROVED BY CITY COUNC.—
Submitted by: Charles W. Thompson, City Administrato ��n 9
-111
Prepared by: Dan T. Villella for Robert J. Franz, Chief of Admini �S
Lease Agreement for Water Booster Pump Site L IT CLERK
Subject: which Services Union Oil Offshore Oil Island
Consistent with Council Policy? [X] Yes [ ] New Policy or Exception
Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions,Attachments: G -
Statement of Issue: The City of Huntington Beach, the successor to Sunset Sanitary District, the
original Lessor, has been leasing this booster pump site to Union Oil Company for their supplying
fresh water to their offshore oil island.
Recommendation: Approve the attached agreement and the new sum of $2,000 yearly rent and
authorize the Mayor to execute same.
Analysis: The original lease with Sunset Sanitary District as lessor was dated April 1, 1964 and
May 13, 1964. Since May 1, 1970, Union Oil has been granted five year leases at $1,000 per year
with this amount remaining the same through subsequent five year periods up to April 30, 1985.
The 8' x 8' leased parcel is located at the intersection of Pacific Coast Highway and
Warner Avenue in the parking lot just west of the Warner Fire Station. The City will now receive
$2,000 per year from the lease-for the next five year period, May 1, 1985 and ending April 30, 1990.
Funding Source: None
Alternative Actions:
1. Disapprove agreement.
2. Charge dollar amount of agreement.
Attachments:
1. Lease Agreement
2. Plat Map
1544 j
PIO 4/84
56726 .7
LEASE AGREEMENT
This agreement is between CITY OF HUNTINGTON BEACH, "City" ,
and UNION OIL COMPANY OF CALIFORNIA, "Union" ,
Recitals
Pursuant to the term of Lease Agreement dated June 2, 1970
granted to Union by Sunset Sanitary District, City' s predecessor in
interest, Union leased a portion of City' s property located along the
northerly side of Warner Avenue east of Pacific Coast Highway,
comprised of two parcels of land, one 8 ' x. 8 ' and one 25 ' x 251 ,
which were used for construction and maintenance of a water booster
pump ,and water storage tank respectively. The water storage tank was
removed in 1980 .
It is the purpose of this agreement to extend the term of
the lease and to revise the annual payment .
1. Covers
This agreement covers the continued maintenance,
operation and removal of the water booster pump located on the above
mentioned parcel of land .
2 . Term
The term of this agreement shall be for a period of
five years beginning May 1, 1985 and ending April 30 , 1990 .
3 . Renewal
Upon mutual agreement by City and Union, this
agreement may be renewed for additional periods of five years each
after May 1, 1990 .
4 .a, Termination
This agreement may be terminated by either party on 90
days written notice.
5 . Removal of Facilities
Following termination of this agreement, Union will