HomeMy WebLinkAboutWilshire Oil, Cenco, Gulf Oil, Paramount Petroleum, Golden West - 1955-12-19F , fe
OB CITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: MIKE HEINEKE, Real Property Agent
FROM: SARAH SUTTON, Deputy City Attorney
DATE: May 10, 2005
SUBJECT: Full Release of Claims with Paramount Petroleum
UIJ
Here is a copy of the Full Release of Claims signed by all parties. By a copy of this
memorandum, we are forwarding the original Release to the City Clerk's office to retain as part
oft it 's records.
S H SUTTON,
D1je'y City Attorney
SCS/K
Attachment as above
c: Office of City Clerk w/original release
05memos/release
FULL RELEASE OF ALL CLAIMS
FOR AND IN FULL CONSIDERATION OF THE TOTAL SUM OF ONE HUNDRED
THIRTY THOUSAND DOLLARS ($130,000.00) to be paid to the City of Huntington Beach, by
Paramount Petroleum, City of Huntington Beach and its employees, agents, officials, releases,
acquits and forever discharges Paramount Petroleum (hereinafter designated as Releasee), and all
respective agents, servants, attorneys, and employees of the Releasee, of and from any and all
claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and
compensation whatsoever, which City of Huntington Beach now has or which may hereafter
accrue on account of or in any way growing out of any and all known and unknown, foreseen
and unforeseen, damages or claims arising from the oil franchise agreement between the City
and Goldenwest, Releasee or Cenco or any combination thereof, and pipeline franchise
agreement which formed the basis of a demand for payment plus penalties and interest by City of
Huntington Beach against Goldenwest and/or Cenco and/or Releasee. This release does not
pertain to any payment owed to City of Huntington Beach under any franchise or other
agreement between the City of Huntington Beach and Releasee subsequent to June 30, 2004.
It is understood and agreed that this settlement is a compromise of a disputed claim
concerning unpaid franchise fees, interest and late penalties, and that payment made is not to be
construed as an admission of liability on the part of the party or parties hereby released, and the
said Releasee(s) deny liability therefore and intend merely to avoid further demands for overdue
payment or litigation.
It is further understood and agreed that all rights under Section 1542 of the Civil Code of
California and any similar law of any state or said territory of the United States are hereby
EXPRESSLY WAIVED.
SAID SECTION READS AS FOLLOWS:
"1542. Certain claims not affected by general release. A
general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of
executing the release, which if known by him must have
materially affected his settlement with the debtor."
scs/release-cenco petro/10/13/04 1
The undersigned further agrees that as additional consideration for the settlement of this
matter, that each side, and all parties, shall be responsible for their respective attorneys' fees and
costs incurred in connection with this matter.
In addition to executing this document City of Huntington Beach _ shall execute, and
deliver to Releasee, a receipt for payment in full of all outstanding debt related to past due
franchise fees owed by Releasee and/or Cenco and/or Goldenwest.
The undersigned further declares and represents that no promise, inducement, or
agreement, not herein expressed, has been made to the undersigned; that this Release contains
the entire agreement between the parties hereto; and, that the terms of this Release are
contractual, and not a mere recital.
The undersigned further states that he has read the foregoing release, and knows the
contents thereof and that he has signed the same of his own free act and deed.
PARAMOUNT PETROLEUM
By:
d—
Date: 161
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
APPROVED AS TO FORM:
-) '
ity Attorney 0
vja;�16y 1�
INITIATED PROV
Director Administrative Services
REVIEWED AND APPROVED:
ity Administrator
ses/release-cenco petro/10/27/04 2
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Council/Agency Meeting Held: J-4
a
Deferred/Continued to -
proved ❑ Conditionally Approved ❑ Denied
City Clerk's Signal re
Council Meeting Date: March 18, 1996
Department ID Number: ED 96-23
CITY OF HUNTINGTO:N BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: MICHAEL T. UBERUAGA, City Administratorl'o-'
PREPARED BY: DAVID C. BIGGS, Director of Economic Development
SUBJECT: Relocation of Oil Pipeline from Waterfront Development Site
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Envir9 !9ental Status, Attachment(s)
Statement of Issue: In order to facilitate the eventual development of the Waterfront site,
an oil pipeline which crosses the site needs to be relocated by the operator Golden West
Refining Company.
Funding Source: None as a result of this action.
Recommended Action: Motion to:
Authorize the City Administrator to send the attached Notice to Relocate Oil Pipeline to
Golden West Refining Company.
Alternative Action(s):
Authorize the City Administrator to send a modified version of the Notice to Relocate Oil
Pipeline.
Analysis: The ultimate build out of the Waterfront Development site will require the
removal and relocation of an oil pipeline which traverses a portion of the site. This pipeline
is operated by Golden West Refining Company, as the assignee of a Lease and Easement
Agreement with the City. The terms of the Lease and Easement Agreement require that the
pipeline operator relocate the pipeline at their expense in order to permit the development of
the Waterfront site.
REQUEST FOR CITY COUNCIL ACTION
` MEETING DATE: March 18, 1996 DEPARTMENT ID NUMBER: ED 96-23
Given the length of time needed to effectuate the relocation of the oil pipeline, it is prudent
for the City to provide the pipeline operator with notice to relocate the oil pipeline. The City
Council is being asked to authorize the City Administrator to send the attached Notice to
Relocate Oil Pipeline in order to provide the weight of an action by the City's legislative body
behind the request. This step should encourage the pipeline operator to act in a timely
manner.
Environmental Status: None as a result of this action. Upon the identification of an
alternative route for the oil pipeline, the entitlement process may necessitate some level of
environmental assessment.
Attachment(s):
1. Draft Notice to Relocate Oil Pipeline
RCA96-23.130C -2- 03/06/96 3:31 PM
• S0 d 1010i
March 1, 1996
Golden West Refining Company
10000 Lakewood ]Boulevard
Downey, California 90240
Re: Notice to relocate oil pipeline
Dear Sir:
Golden West Refining Company currently holds a Lease and Easement Agreement to operate an
oil pipeline in the City of Huntington Beach. Specifically, Golden West is the assignee of the
Lease and Easement Agreement between the City .of Huntington Beach and Gulf Uil Corporation,
dated April 18, 1983. Pursuant to Section 5 of the Lease and Easement Agreement, Golden West
is required to relocate the pipeline, at its cost, upon the request of the City, when occasioned by a
proper, City approved future development of the surface of such property. This obligation is
subject to the requirements that the City provide an alternative route.
In this case, the Redevelopment Agency of the City of Huntington Beach will cause the
waterfront site, which is located as shown on the attached map, to be redeveloped as early as fall
1996. As such, the oil pipeline must be relocated.
You are hereby instructed to contact the Director of Public Works, Mr. Les Jones, at 2000 Main
Street, Huntington Beach, CA 92648, telephone (714) 536-5437, to begin discussions regarding
relocation of the pipeline and the selection of an alternative route. The City intends to work
closely with you to insure that this project is completed in a timely manner.
Sincerely,
Michael T. Uberuaga
City Administrator
c: David Biggs, Redevelopment Agency Director
Les Jones, Director of Public Works
Scott F. Field, Deputy City Attorney
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WILSHIRE OIL COMPANY OF CALIFORNIA
ENGINEERING DEPARTMENT NORWALK, CALIF
PROVED -------- _— PIPELINE EASEMENT NEAR - _
SCALE
ECKED____.-- OCEAN AND HAMPSHIRE AVE'S.
�WN_.__S1/-Q ..__ CITY OF HUNTINGTON BEACH CAL DRAWING
NO.__ __ __48_S.Lj,.1__Q
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TO: Robert Franz, Deputy City Administrator
FROM: Connie Brockway, City Clerk a
SUBJECT: BANKRUPTCY OF CITY FRANCHISE
DATE: March 15, 1995
Received in this office today is the attached notice of Bankruptcy for GOLDEN WEST
REFINING COMPANY, a California corporation.
PC: Michael T. Uberuaga, City Administrator
Donald L. Watson, City Treasurer
g:\tr\cbmem\bank
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ROBERT A. GREENFIELD (State Bar No. 39648),
ALAN PEDLAR (State Bar No. 72216), and
MARETA C. HAHRE (State Bar No. 151824),
Members of STUTMAN, TREISTER i GLATT
PROFESSIONAL CORPORATION
3699 Wilshire Boulevard, Suite 900
Los Angeles, California 90010
Telephone: (213) 251-5248
(Attorneys for Debtor and Debtor
in Possession THRIFTY DIL CO.
RONALD L. LEIBOW (State Bar No. 38043)
BRIAN T. CORRIGAN (State Bar No. 143168)
KAYE, SCHOLER, FIERMAN, HAYS 6 HANDLER
11999 Avenue.of the Stars, Suite 1600
Los Angeles, California 90067
Telephone: (310) 788-1000
Attorneys for Debtors and Debtors in Possession
GOLDEN WEST DISTRIBUTION COMPANY,
BENZIN SUPPLY COMPANY, CLUJ DISTRIBUTION
COMPANY, AND GOLDEN WEST REFINING COMPANY
UHETED STATES BANKRUPTCY COURTi
SOUTHERN DIBTRICT "OF CALIFORHIA_
In re ) Case No. SD 92-09132-All
Chapter 11
(Administratively consolidated with
THRIFTY OIL CO., a Cali- ) Case Nos. SD 92-09133-All through
fornia corporation,.GOLDEN_) SD 92-09136-All, inclusive)
WEST ItEFINING`COkPANY,'`'a`-')'
Calif ornia`-co�poiation; ) (This Pleading Applies to All
CLUJ DISTRIBUTION COMPANY,) Debtors)
a California corporation; )
BENZIN SUPPLY COMPANY, a ) NOTICE OF (1) ENTRY OF ORDER CONFIRM -
California corporation; ) ING JOINT PLAN OF REORGANIZATION (AS
and GOLDEN WEST DISTRI- ) MODIFIED) (SEPTEMBER 20, 1994),
BUTTON. -COMPANY, -a Cali ) (2) CERTAIN,RELATED DEADLINES AND
fornia corporation,"" ) PROCEDURES, AND (3) OCCURRENCE OF
EFFECTIVE DATE OF PLAN
Debtors. )
)
TO THE DEBTORS, THEIR CREDITORS, THE OFFICE OF THE UNITED STATES
TRUSTEE, AND OTHER PARTIES IN INTEREST:
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RECEIVED
4-ljv
-!`?�
15 'ICEu's I9 HEREBY GIVEN that, pursuant to Bankruptcy
Ru es 3020(c), 2002(f), and 9022(a), the Bankruptcy Court on
February 16, 1995 (the "Confirmation Date") entered its "FINDINGS
OF FACT AND CONCLUSIONS OF LAW REGARDING CONFIRMATION OF JOINT PLAN
OF REORGANIZATION (AS MODIFIED) (SEPTEMBER 28, 1994)" (the
"Confirmation Findings") and "ORDER CONFIRMING JOINT PLAN OF
REORGANIZATION (AS .MODIFIED) (SEPTEMBER .28, 1994)" (the
"Confirmation Order").
NOTICE IS FURTHER GIVEN that the Effective Date of the
Plan occurred on February 28, 1995.
NOTICE IS FURTHER GIVEN that:
1. . 'As of the Effective Date, the provisions of the Plan
bind the Debtors, any entity issuing securities under the Plan, any
entity receiving property .or securities under the Plan, and any
holder of a Claim against or Interest in the Debtors, whether or
not the Claim or Interest is impaired under the Plan and whether or
not such holder has accepted the Plan.
2. Except as otherwise provided in the Plan, agreements
('entered into in connection therewith, the Confirmation Order, or an
Order of the Bankruptcy Court:
a. On the Effective Date, the rights afforded
in the Plan, and the treatment and classification of all
Claims and Interests therein, shall be in exchange for,
and .in complete. satisfaction, discharge and release of,
all Claims, including without limitation, all Adminis-
trative Claims, Secured Claims,' Priority Tax Claims,
other priority Claims and Unsecured Claims, including any
interest accruedonsuch Claims from and after the
Petition Date, against the Debtors, the Debtors in
Possession, and the Reorganized Debtors, or any of their
assets.or properties;
b. on the Effective Date, the Debtors shall
be deemed discharged and released to the fullest extent
permitted by section 1141 of the Bankruptcy Code from all
Claims that arose prior .to' the Confirmation Date,
including without limitation, all Administrative Claims,
Secured Claims, Priority Tax Claims, other priority
Claims and Unsecured Claims, including any interest
accrued on such Claims from and after the Petition Date,
against the Debtors and the Debtors in Possession, or any
of their assets or properties, and all debts of the kind
specified in sections 502(g), 502(h) or 502(1) of the
Bankruptcy Code. The discharge and release shall be
Capitalized terms used in this Notice and not otherwise de-
fined have the meanings ascribed to them in the "Joint Plan
of Reorganization (As Modified) (September 26, 1994)" (the
"Plan").
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effective in each case whether or not (a) a proof of
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of a claim or cause of action that was property of one of
Claim or proof of Interest based on such Claim, Adminis-
the Estates, including without limitation, any derivative
trative Claim, or Interest is Filed or deemed Filed
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or alter ego claims capable of being brought on behalf of
pursuant to section 501 of the Bankruptcy Code, (b) a
a Debtor or Reorganized Debtor; and all such claims and
Claim, Administrative Claim, or Interest is allowed
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causes of action shall remain exclusively vested in the
pursuant to the Bankruptcy Code, or (c) the holder of a
Reorganized Debtors to the maximum extent such claims and
Claim, Administrative Claim, or Interest has accepted the
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causes of action were vested in the Debtors in
Plan;
Possession.
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C. On and after the Effective Date, all
NOTICE IB FURTHER GIVEN that, the Confirmation Order has
Persons shall be permanently enjoined by section 524 of
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approved the rejection and assumption of executory contracts and
the Bankruptcy Code from asserting against the Reor-
unexpired leases as of the Effective Date of the Plan as set forth
ganized Debtors, their successors, or their assets or
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therein. Pursuant to Section V.8.4 of the Plan, if the rejection
properties any other or further Claims, Administrative
of an executory contract or unexpired lease pursuant to Section V.b
Claims, or Interests based upon any act or omission,
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of the Plan gives rise to a Claim by the other party or parties to
transaction, or other activity of any kind or nature that
such contract or lease, the Claim arising from the rejection shall
occurred prior to the Confirmation Date. The discharge
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be forever barred and shall not be enforceable against the Debtors,
shall void any judgment against the Debtors or
Reorganized Debtors
Reorganized Debtors, their successors or properties, unless a proof
at any time obtained to the extent
that it
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of claim is Filed and served on the Reorganized Debtor within 30
relates to a Claim, Administrative Claim or
days after the date of notice of entry of an order of the
Interest discharged or terminated;
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Bankruptcy Court rejecting the executory contract or unexpired
lease, including, if applicable, this Notice of Entry of the
d. On and after the _Effective Date, all
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Confirmation Order.
Persons who have held, currently hold or may hold a
Claim, Administrative Claim or Interest discharged or
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The Confirmation Findings and the Confirmation Order are
terminated pursuant to the terms of the Plan shall be
on file with the Bankruptcy Court at Jacob Weinberger Courthouse,
permanently enjoined by section 524 of the Bankruptcy
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325 West 'IF" Street, San Diego, CA 92101, and may be reviewed
Code from taking any of the following actions on account
there Monday through Friday between the hours of 9:00 a.m. and 3:00
of any such discharged Claim or terminated Interest:
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P.M. Copies of the Confirmation Order and Confirmation Findings
(1) commencing or continuing in any manner any action or
are also available upon written. request to Stutman, Treister i
other proceeding against the Debtors, Reorganized
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Glatt Professional Corporation, 3699 Wilshire Blvd. Suite 900, Los
Debtors, their successors, assets or properties; (2)
Angeles, CA 90010, Attn: Alan Pedlar, Esq., attorneys for Thrifty
enforcing, attaching, collecting or recovering in any
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Oil Co; telecopier (213) 251-5283.
manner any judgment, award, decree or order against the
Debtors, Reorganized Debtors, their successors, assets or
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Pursuant to the Confirmation Order, filing or recordation
properties; (3) creating, perfecting or enforcing any
of this Notice constitutes and shall impart constructive notice of
lien or encumbrance against the Debtors, Reorganized
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the contents, provisions, terms and conditions of the Confirmation
Debtors, their successors, assets or properties; (4) as-
Findings and the Confirmation Order.
serting any setoff or recoupment of any kind against any
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obligation due to the Debtors, Reorganized Debtors, their
successors, assets or properties; (5) commencing or
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continuing any action, in any manner, in any place, that
February 28, 1995 o,O
does not comply with or is inconsistent with the
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ALAN PEDLAR, a Member of
provisions of the Plan or this Order. Any Person violat-
STUTMAN, TREISTER i GLATT
ing such injunction may be liable for actual damages,
including costs
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PROFESSIONAL CORPORATION
and attorneys fees and, in appropriate
Attorneys for Thrifty Oil Co.
circumstances, punitive damages; and
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e. On and after the Effective Date, all 25 February 28, 1995 ,` 1L/KyJkI
Persons who have held, currently hold or may hold a RONALD L. LEIBOW,
Claim, Administrative Claim or Interest discharged or 26 KAYE, SCHOLER, FIERMAN, HAYS 6 HANDLER
terminated pursuant to the terms of the Plan are Attorneys for Golden West Distribution
permanently enjoined by section 524 of the Bankruptcy 27 Company, Benzin Supply. Company, Cluj
Code from commencing or continuing in any manner any Distribution Company, and Golden West
action or other proceeding against any party on account 28 Refining Company
I
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THRIFTY ILell
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wood Boulevard, Downey,
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CA 90240-4082 _ �' .- . - '
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10,000
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COUNTY 'OE ``ORARGE
V 2000 MAIN STREET
P.O. BOX 190
HUNTINGTON BEACH CA 92b48
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Ja ' CITY OF HIJ�ITINtsT®�! BE/�C!-1
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH APR'3 2
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TO:
Gail Hutton, City Attorney
Connie Brockway, City Clerk
FROM:
Dan M. Brennan, Director Real Estate Services/
DATE:
April 23, 1993
SUBJECT:
Goldenwest Refining Company - Pipeline
Bankruptcy Court Case No. SD 92-09133-A 11
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The enclosed Notice was directed to the Accounting Department and forwarded to our
attention as it partially pertains to a Pipeline Lease Goldenwest Refining Company has
with the City of Huntington Beach.
I have kept a copy for our. files and am directing the information to your attention.
cc: Arnie Ross, Accounting
DMB/rf
0305U-
FORM , 89F
6,90United States Bankruptcy Court P50008451 12
'J. S. BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA
ROOM 5—N-26, U.S. COURTHOUSE
40 FRONT STREET
SAN DIEGO, CA 92189-0020
IN RE (NAME OF DEBTOR)
NOTICE OF COMMENCEMENT OF.CASE GOLDEN WEST REFINING COMPANY
UNDER CHAPTER 11 OF THE PROPERTY
BANKRUPTCY CODE,
MEETING OF CREDITORS, AND FIXING OF DATES
(Corporation/Partnership Case) APR 2 1 1993
CASE NUMBER: FILED: SOC. SEC../TAX ID NOS.
92-09133—A— 7/31/92 95-3610579 MANAGEMENT
ADDRESS OF DEBTOR
MEETING OF CREDITORS P 0 BOX 2128
DATE: SEP. 8, 1992 SANTA FE SPRINGS, CA 90670
HOUR: 9.00 A.M.
AT.: SAN DIEGO CONVENTION CENTER
202 "C STREET app��Ov�
SAN DIEGO, CA
DEBTOR'S ATTORNEY
RONALD LEIBOW
STROOCK & STROOCK & LAVAN
2029 CENTURY PARK EAST, #1800
LOS ANGELES, CA 90067
TELEPHONE: 310-556-5800
TRUSTEE
TELEPHONE: NOT AVAILABLE
FILING CLAIMS: IF THE COURT SETS A DEADLINE FOR FILING A PROOF OF CLAIM, YOU WILL BE NOTIFIED.
COMMENCEMENT OF CASE. A petition for reorganization under chapter 11 of the Bankruptcy Code has been filed in this court
by or against the debtor named above, and an order for relief has been entered. You will not receive notice of all documents
filed in this case. All documents filed with the court, including lists of the debtor's property and debts, are available for
inspection at the office of the clerk of the bankruptcy court
CREDITORS MAY NOT TAKE CERTAIN ACTIONS. A creditor is anyone to whom the debtor owes money or property. Under the
Bankruptcy Code, the debtor is granted certain protection against creditors. Common examples of prohibited actions by creditors
are contacting the debtor to demand repayment, taking action against the debtor to collect money owed to creditors or to take
property of the debtor, and starting or continuing foreclosure actions or repossessions. If unauthorized actions are taken by a
creditor against a debtor, the court may penalize that creditor. A creditor who is considering taking action against the debtor or
the property of the debtor should review section 362 of the Bankruptcy Code and may wish to seek legal advice. If the debtor is a
partnership, remedies otherwise available against general partners are not necessarily affected by the filing of this partnership
case. The staff of the clerk of the bankruptcy court is not permitted to give legal advice.
MEETING OF CREDITORS. The debtor's representative, as specified in Bankruptcy Rule 9001(a)(5) is required to appear at the
meeting of creditors cn the date and at the place set forth above for the purpose of being examined under oath. Attendance by
creditors at the meeting is welcomed, but not required. At the meeting , the creditors may examine the debtor and transact such
other business as may properly come before the meeting. The meeting may be continued or adjourned from time to time by
notice at the meeting, without further written notice to the creditors.
PROOF OF CLAIM. S--hedules of creditors have been or will be filed pursuant to Bankruptcy Rule 1007. Any creditor hold;ng a
scheduled claim which is not listed as disputed, contingent, or unliquidated as to amount may, but is not required to, file a proof
of claim in this case. Creditors whose claims are not scheduled or whose claims are listed as disputed, contingent, or
unliquidated, as to amount and who desire to participate in the case or share in arty distribution must file their proofs of claim.
A creditor who desires to rely on the schedule of creditors has the responsibility for determining that the claim is listed
accurately. The place to file a proof of claim, either in person or by mail, is the office of the clerk of the bankruptcy court. Proof
of claim forms are available in the clerk's office of any bankruptcy court.
PURPOSE OF CHAPTER 11 FILING. Chapter 11 of the Bankruptcy Code enables a debtor to reorganize pursuant to a plan. A plan is
not effective unless approved by the court at a confirmation hearing Creditors will be given notice concerning any plan. or in the
event the case is dismissed or converted to another chapter of the Bankruptcy Code. The debtor will remain in possession of its
property and will continue to operate any business unless a trustee is appointed.
NOTICE IS GIVEN IF DEBTOR FAILS TO FILE SCHEDULES AND STATMENTS REQUIRED BY BR1007,
OR IF DEBTOR (JT. DEBTOR) FAILS TO APPEAR AT THE SEC.341.(A) MTG., THE TRUSTEE OR U.S.
TRUSTEE WILL MOVE FOR DISMISSAL OF CASE WITHOUT FURTHER NOTICE TO DEBTOR OR CREDITORS.
PARTY IN INTEREST MAY OBJECT TO THE MOTION FOR DISMISSAL AT THE TIME OF SEC. 341(A)
G., AT WHICH TIME A HEARING ON THE OBJECTION WILL BE SCHEDULED.
FOR THE COURT, BARRY K. LANDER, DATED AUG. 14, 1992
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RONALD L. LEIBOW, State Bar #038043
BRIAN T. CORRIGAN, State Bar #143188
JEAN R. HUTAR, State Bar #155942
STROOCK & STROOCK & LAVAN
2029 Century Park East, 18th F1
Los Angeles, California 90067
Telephone: (310) 556-5800
lAttorneys for Debtor and Debtor in Possession
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
In re
GOLDEN WEST REFINING COMPANY,
a California corporation,
Debtor.
PROPERTY
APR 2 1 1993
MANAGEMENT
Case No. SD 92-09133-All
Chapter 11
NOTICE TO CREDITORS AFFECTED
BY AMENDMENT TO DEBTOR'S
SCHEDULES OF LIABILITIES AND
EXECUTORY CONTRACTS
(No Hearing Required)
You are hereby notified that the Debtor has filed an
amendment to its Schedules of Liabilities and Executory Contracts
(the "Schedules") to include you as a creditor of this estate, to
delete you as a creditor of this estate, and/or to amend the
amount or status of your claim. If you have questions concerning
the legal effect of this filing upon you as a creditor, please
consult your own legal counsel. Neither the court nor the
undersigned may advise you on legal matters. The Schedules are
available for review at the office of the Clerk of the United
States Bankruptcy Court, 940 Front Street, Room 5-N-26, San Diego,
CA 92189-0020 Mondays through Fridays between the hours of 9:00
a.m. through 4:00 p.m.
You are further notified that on July 31, 1992, the
Debtor filed a petition for relief under chapter 11 of the United
States Bankruptcy Code. Attached is a copy of the Order for and
Notice of Section 341(a) Meeting, which Meeting has been
concluded. Also attached is a copy of the "Notice of Order
Establishing Procedures and Deadlines for Filing Proofs of Claims
and Establishing Sanctions for Failure to Oom ly Therewith".
DATED: April / 7, 1993
RONALD L. LEIBOW, a Member of
STROOCK & STROOCK & LAVAN
Attorneys for Debtor and
Debtor in Possession
P R 0 P I R T y
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF CALIFORNIA
In re
GOLDEN WEST REFINING COMPANY, a California
corporation; CLUJ DISTRIBUTION COMPANY, a California
corporation; BENZIN SUPPLY COMPANY, a California
corporation; and GOLDEN WEST DISTRIBUTION
COMPANY, a California corporation,
Debtors.
APR 2 1 1993
MANAIDEMENT
Case No. SD 92-09133-A11
(Administratively consolidated with Case Nos.
SD 92-09133-A11 through SD 92-09136-A11,
inclusive)
Chapter 11
NOTICE OF ORDER ESTABLISHING PROCE-
DURES AND DEADLINES FOR FILING PROOFS
OF CLAIMS AND ESTABLISHING SANCTIONS
FOR FAILURE TO COMPLY THEREWITH
BAR DATE: MAY 20, 1993
TO CREDITORS, PRESENT AND FORMER EMPLOYEES, EQUITY SECURITY HOLDERS, PARTIES WHO HAVE REQUESTED SPECIAL
NOTICE, OTHER PARTIES IN INTEREST, AND ANY PERSONS OR ENTITIES, INCLUDING PARTNERSHIPS, CORPORATIONS,
ESTATES, TRUSTS, AND GOVERNMENTAL UNITS ASSERTING CLAIMS AGAINST ANY OF THE ABOVE -CAPTIONED ESTATES:
PLEASE TAKE NOTICE that on March 30, 1993. the United States Bankruptcy Court in the above -captioned chapter 11
cases entered its "Order (1) Establishing Procedures and Deadlines for Filing Proofs of Claims; (2) Establishing Sanctions for Failure
to Comply Therewith; and (3) Approving Form and Scope of Notice Thereof' (the "Order") establishing May 20, 1993, as the last date
for the filing of Proofs of "Claims" (as defined herein) against Golden West Distribution Company, Benzin Supply Company, Cluj
Distribution Company, and Golden West Refining Company, debtors and debtors in possession in the above -captioned cases
(individually, a "Debtor" or collectively, the "Debtors"). A copy of the Order and each of the Debtor's Schedules of Liabilities filed
eptember 2, 1992, as thereafter amended from time to time (the "Schedules"), may be inspected at the office of the Clerk of the
Bankruptcy Court, 940 Front Street, San Diego California 92101-8974, or at the offices of Golden West Refining Company, 13539
E. Foster Rd., Santa Fe Springs, CA 90670.
ANY PROOF OF CLAIM FILED AFTER MAY 20, 1993, EXCEPT AS STATED BELOW, SHALL BE DISALLOWED. ANY
PERSON OR ENTITY THAT IS REQUIRED BY THE ORDER TO FILE A PROOF OF CLAIM AND THAT FAILS TO DO SO BY MAY 20,
1993, SHALL NCT BE TREATED AS A CREDITOR FOR PURPOSES OF VOTING OR DISTRIBUTION IN THE ABOVE -CAPTIONED
CASES, AND AN CLAIM OF SUCH PERSON OR ENTRY SHALL BE DISCHARGED AND FOREVER BARRED.
IF YOU ASSERT A CLAIM AGAINST MORE THAN ONE OF THE ABOVE -CAPTIONED ESTATES, A SEPARATE ORIGINAL
PROOF OF CLAIM FORM, AND A COPY THEREOF, MUST BE FILED WITH RESPECT TO EACH DEBTOR
AGAINST WHICH YOU ASSERT A CLAIM, TOGETHER WITH THE GROUNDS UPON WHICH YOU CONTEND THAT EACH DEBTOR
IS LIABLE TO YOU. THE CASE NAMES AND CASE NUMBERS ARE AS FOLLOWS:
GOLDEN WEST REFINING CO. CASE NO. SD 92-09133-A11
CLW DISTRIBUTION CO. CASE NO. SD 92-09134-A11
BENZIN SUPPLY CO. CASE NO. SD 92-09135-A11
GOLDEN WEST DISTRIBUTION CO. CASE NO. SD 92-09136-At t
You are required to file an original and one copy of each Proof of Claim you file against each Debtor. In addition, to
receive an acknowledgement that your Proof of Claim has been received by the Clerk of the Bankruptcy Court and filed, you must
provide a second copy of each claim filed and a postage -paid, self-addressed return envelope.
All Proofs of Claims must be filed so that they are actually received by the Clerk of the Bankruptcy Court on or before 3:00
p.m., Pacific Daylight Time. on May 20, 1991 except as stated herein. Proofs of Claims must be filed by mail or in person at the
following address:
Clerk, United States Bankruptcy Court
Room 5170, 940 Front Street
San Diego, California 92101-8974
PROOFS OF CLAIMS WILL BE DEEMED FILED ONLY WHEN ACTUALLY RECEIVED BY THE CLERK OF THE BANKRUPTCY COURT.
Proofs of Claims must be filed in the English language and. pursuant to 11 U.S.C. § 502(b), amounts due shall be stated
in lawful currency of the United States as of July 31, 1992. Do not file with. or send copies of Proofs of Claims to, the Debtors, the
Debtors' counsel. the Official Unsecured Creditors' Committee of Golden West Refining Company (the "Committee"). the
Committee's counsel. or the Bank Group or its counsel. Proofs of Claims sent to any person or entity other than the Clerk of the
Bankruptcy Court are not properly or timely filed pursuant to the Order.
Pursuant to 11 U.S.C. § 1111(a), a Proof of Claim is deemed filed for any Claim which appears in a Debtor's Schedules
for a liquidated amount and is not therein identified as disputed, contingent or unliquidated. Any Proof of Claim filed by a creditor
will supersede any scheduled Claim.
After the deadline for filing Claims, a creditor may not seek to amend a Claim deemed filed on its behalf under Bankruptcy
Code § 1111(a) by virtue of the listing of such Claim by a Debtor in its Schedules. After the deadline for filing Claims, amendments
to timely filed Claims shall be allowed without the consent of a Debtor only to the extent that the amended Claim is based on the
same facts and circumstances as the timely asserted Claim. and then only if the additional amounts asserted by the amended Claim
were not reasonably ascertainable by the deadline for filing Claims.
The Debtors have reserved the right (a) to dispute and to assert offsets, counterclaims or defenses to the amount, liability,
and/or priority of any Claim listed in their Schedules. (b) to subsequently designate any scheduled Claim as disputed, contingent.
or unliquidated, and (c) to change the amount of any scheduled Claim. Following notice of any amendment to the Schedules to
add a creditor or reduce the amount of a scheduled Claim, any creditor so affected shall have the later of 30 days after notice of
the amendment, or the applicable deadline for filing Claims, within which to file a Proof of Claim. No extension of time is granted
if a Debtors amendment to its Schedules increases the Claim of a creditor deemed filed under 11 U.S.C. § 1111(a), Amendments
4
City of Hu.xitlngton Basch.
P. O. BOX 190 • 2000 MAIN STREET • CALIFORNIA 92648
April 19, 1990
State Lands Commission of the State of California
Leo T. McCarthy, Lieutenant Governor
Gray Davis, Controller
Jesse R. Huff, Director of Finance
1807 — 13th Street
Sacramento, California 95814
Gentlemen:
MAYOR
Tom Mays
MAYOR PRO TEMPORE
Peter Green
COUNCILMEMBERS
Wes Bannister
John Erskine
Don MacAllister
Jim Silva
Grace Winc.hell
The City Council of the City of Huntington Beach strongly urges the cancellation of the
lease designated as Lease P.R.C. 16391.1. This lease permits the operation of a submarine
oil pipeline, and appurtenant mooring buoys, for an oil tanker unloading facility in the
ocean waters immediately offshore of the city of Huntington Beach.
As demonstrated by the American Trader oil spill of February 7, 1990, the operation of
this facility endangers the health and safety of the general public, and threatens the
ecologically fragile marine and coastal environment.
The character of Huntington Beach has significantly changed over the years. Today,
Huntington Beach is a residential and resort city; its beaches are consistently the most
visited recreational public beaches on the west coast. If the Commission allows the
existing offshore oil facilities to remain, it would be doing a great disservice to the
public. Alternate means of oil transportation exist which do not as readily endanger the
public or threaten the marine environment as does the existing mooring. For instance,
overland pipelines or tank trucking may be used to move the oil. Also, alternatives are
available for the unloading of oil tankers, such as established port facilities.
TELEPHONE (714) 536-5553
State Lands Commission
April 19, 1990
Page —2—
Therefore, we strongly urge the State Lands Commission to cancel Lease P.R. C. 16391.1,
and eliminate the oil tanker unloading facility in the ocean waters offshore from the City
of Huntington Beach.
Sincerely,
THE HUNTINGTON BEACH CITY COUNCIL MEMBERS
omas J. Mays, Mayor
Wes annister, City ounce man
lam -
Don MacAllister, City Councilman
Grace Winchell, City Councilwoman
CC/paj
4309a
Peter Green, Mayor Pro Tempore
lo�2 �' �-
Silva, City Councilman
4
STATE LANDS COMMISSION
180 13TH STREET
SACRAMENTO, CALIFORNIA 95814
February 20, 1990
File Ref.: PRC 1639.1
Office of City Clerk
City of Huntington Beach
2000 Main Street
Box 190
Huntington Beach, CA 92648
Gentlemen,
I was referred to you by Paul Larkin of the City of Huntington
Beach, Real Estate Services. I would like a copy of an agreement
that was entered into between the City of Huntington Beach and
Golden West Refining Co. for a 10 foot wide pipeline easement from
Beach Blvd. (previously Huntinton Beach Blvd. or Hampshire Ave.)
The original agreement we have in our files was between the
City and Wilshire Oil Company of California beginning December 19,
1955 (copy attached). Wilshire Oil Company was merged into its
parent corporation, Gulf Oil Corporation, October 1, 1965. On or
around August 1, 1983 Gulf transferred all refining and
terminalling assets to Golden West Refining Co., including rights -
of -way, easements etc. Therefore, I would like a copy of the
City's current agreement with Golden West for use of this pipeline
easement.
If there is a charge for reproduction and mailing, please call
me and I will have it sent. I can be reached at (916)322-7823 if
you have any questions. Thank you for your assistance.
Sincerely,
Betty K. Louie
Attach.
REQU
EP FOR CITY COUNCIL - ACTION
a.
Date
Submitted to: Honorable Mayor and Members of the City Council
Submitted by: Charles W. Thom son., City Administrator
P Y
Prepared by: ail . Hutton, City Attorneyz
Subject: Gulf Oil --Golden West Refining Company Assignment
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions, Attachments: (�
STATEMENT OF ISSUE:
Gulf. Oil .has informed the City of Huntington Beach of
assignment of its lease and franchise rights to Golden
West Refining Company, a subsidiary of Thrifty oil
Company. Attached hereto is a request from Gulf Oil
Company that the city consent to the assignment of its
right, title, and interest in and to the Lease and Easement
Agreement and the Franchise Agreement between the city and
Gulf Oil. Attached is our response to such request, dated
June 29, 1983, from the City Administrator to Mr. John
Gidel, attorney for Gulf Oil.
RECOMMENDATION:
1. The f it' y Council should, pursuant to our June 29,
1983 letter,/conditionally consent to the assignments. The
condition being Golden West Ref inin Comoany providingthe
citv with a certi ie financial statementA confirming that
it owns a minimum of $50,000,0 in assets as of the date
of transfer, July 1(15, 1983. ice! ( G J-zC
� ...,,.�- �,r,,,
f' 2. The City Council should, additioz_ally, onsent to
the assignment of the agreement by Golden We t Refining
Company to Gulf Oil and other lenders on condition that
Gulf Oil and the "other lenders" agree in writing to assume
full responsibility for all obligations of the assignor,
Golden West Refining Company.
ALTERNATIVE ACTIONS:
Delay approval until after the actual transfer occurs and
the certified statement is received.
ATTACHMENTS:
1. June 21, 1983 letter, Gidel/Hutton
.2. June 29, 1983 letter, Thompson/Gidel
P10 4/81
A "'
FM
ITY OF HUNTINGTON BEACH
INTER -DEPARTMENT COMMUNICATION
HUNTINGTON BEACH
To CHARLES W. THOMPSON From GAIL HUTTON
City Administrator City Attorney
Subject Consent to Assignment Date June 24, 1983
By written communication attached hereto, Gulf Oil has
informed the City of Huntington Beach of assignment of its
lease and franchise rights to Goldenwest Refining Company, a
subsidiary of Thrifty Oil Co. This assignment notice was
received June 23, 1983.
The attached Lease and Easement Agreement at p.3, and the.
Franchise Agreement at p.6, contain the conditions of
assignment. These provisions require the city to notify Gulf
Oil in writing, within 15 days after receipt of this notice,
if the city requires the assignee to furnish financial
information and records to verify that assignee, Goldenwest
Refining Co., owns assets exceeding fifty million dollars
($50,000,000) in total value.
If you desire such information, please notify Gulf Oil in
writing forthwith before July 8, 1983.
Alternatives available to the city in the event of
unsatisfactory financial worth would be a $3,000,000 bond or
$3,000,000 increased liability insurance.
John Gidel, attorney for Gulf Oil, phoned me today and
reported that Gulf is very anxious to close the
assignment -sale to Goldenwest by July 15. So, I suggested
that they forward to Robert Franz the financial information
without waiting for written notice. Nonetheless, we must
send written notice.
Mr. Gidel expressed concern about Goldenwest's financial data
since it is a newly formed corporation, subsidiary to
Thrifty. Perhaps we could offer consent conditioned.on Gulf
remaining as indemnitor until one of the above three
conditions is satisfied.
GAIL HUTTON
City Attorney
cc: Robert Franz, Director of Administrative Services
Attachment R
ECEQ lUj E D
bb
J M 2 4 1983
CITY OF HUNTINGTON BEACH
ADMINISTRATIVE OFKE
GULF OIL (ASSIGNOR)
I
V
GOLDEN WEST (ASSIGNEE)
GOLDEN WEST (ASSIGNOR)
I
I
I
GULF OIL AND OTHER LENDERS (ASSIGNEE)
pity of H untie ton Beech
2000 MAIM STREET CALIFORNIA 92648
OFFICE OF THE CITY ADMINISTRATOR
June 29, 1983
John Gi.del, Esq.
GULF OIL CORPORATION
Post Office Box 1166
Pittsburgh, Pennsylvania ..15230
Subject: Gulf Oil--Golden-West Refining.Company Assignment:
Dear Mr. Gidel:
The City of Huntington.; Beach hereby requests that r.itten,
(aocumE:ntat ion of the $50, 0)00, 000 in assets ow ; d
Assignee, Golder, West Company, rE.-i uired
terms rind co ,c':L*:.ions :of t-he :,ease and Easeiaont
-atw(,eri the Ci'y of I-iantingtori Beach t.ld Gu:.'.` Oil
t)E::> provided fc:.r._ revw by thF City of Hunt:., gton.At
your earliest c::onvenience.
t is our understanding that Gulf Oil Compan,;r wi tl. co,ltint.;::
to be obligated under the Lease and Easement an,-,
the Franchise Agreement until the closing date of escrow,
presently set for July 15, 1983, at which _irne th_: abov:_:
mentioned certified statement of assets will ;e provvided.
Additionally, we understand that, in the meantime:,
�.�olden West Refining Company- will forthwith supply t�jc> City
of Hu,-itington Beach with a listing of each of the
and the value therefor, which will be rc,lied upon by
Golden West in meeting the $50,000,000 asset requirement. -
set forth at Page three of the Lease and Easement Agree::neri .
and Page six of the Franchise Agreement. Such I i s t i n
should articulate, with particularity, each and eve:--y as e-L
by description, dollar amount, and basis for evaluation.
We understand that the accounting firm of :rouc,he I:oss
Company will be certifying the assets as of the date of:
transfer, July 15, 1983, and we will accordingly accer)r_
such certification, so long as it is unqualified.
M
S
~
..etter to: Mr. John G del
GULF OIL CORPORATION
Subject: �_,ulf Oil- -Golden vjest Refining Ccrnpany
Assignment
Date: une 29, 1983
Page: Two
With regard to your request that the city consent to "an
assignment of the agreement by Goldenwest in favor, of Guif
and other lenders for security purposes," the City C-cuncii
_s being requested to grant such consent on-ly on conditi(,r,,
;,hat Gulf and such other lenders "agree in writing to
assume full responsibility for all obligations :.> the
assignor," pursuant to Section three, Page ti-iree e{= ou;
Lease and Ea::,nent. F.:;reement.
Fina1_t , the
r: r;t.ir,. ?--on Be xC; City Councia_
°s ai,�,r ° ` _�,, al c?:_
the ssi -nment
Oe : ie'en .your
firm and Golden
'dst
Com ant. will.
be c _!ncJ_itioned
upon fulfilli.tenL. of the
cerLi t ..a.tion
re,;,uii:-ement and
is in .lieu of
the $3, 000, 0 ;0
l.nde iini.ty bond provided ir:
the Lease_
and Easeraer;4
Agreement.
7 uriderstarid
that this
coarfirms th�_�
understanding
reached "today
between your office and the,
office of the
City Attorney.
If you have any questions in this regard, feel free to
contact the City Attorney's office.
Very truly yours,
CHARLES W. THOMPSON
City Administrator
cc: Robert Franz, Chief of Administrative Services
Vincent G. Moorhouse, Acting City Administrator
Richard Barnard, Assistant to the City Administrator
John D. Gidel
ITT,-1 11
LAW DEPARTMENT
June 21, 1983 Gulf Building
Pittsburgh, Pa. 15230
City of Huntington Beach
P. 0. Box 190
2000 Main Street
Huntington Beach, California 92648
Attention: Ms. Gail Hutton
City Attorney
Re: Assignment of Agreements
Dear Gail:
As you are aware, Gulf Oil Corporation has entered into
an agreement to sell its West Coast refining and terminalling assets,
including its Santa Fe Springs Refinery.
Pursuant to the terms of the agreement, Gulf intends to
assign to Golden West Refining Company, a California corporation,
10000 Lakewood Boulevard, Downey, California 90240, which is a
subsidiary of Thrifty Oil Co., its interest in the various agree-
ments identified on Exhibit A (the "Agreements") and Golden West
will assume all of Gulf's obligations under the Agreements.
By this letter, Gulf is providing notice of assignment
pursuant to Paragraph 3 of the Lease and Easement Agreement identi-
fied in Exhibit A.
In addition, Gulf is requesting the consent by the City
of Huntington Beach to the assignment and assumption of Gulf's
interest in the remaining agreements identified in Exhibit A.
Because a portion of the purchase price for the assets
will be financed by Gulf and other lenders, Gulf also requests
consent to__a_n-assinmen =-o-f-the-=Agreements. b=y=Go-lden -West-in favor%
of-=Gul-f- and -:other -lenders- f-or _se.curity__purposes?
Consent by the City is contingent upon the consummation
of the sale of the assets which is presently scheduled to take
place on July 15, 1983, but may be extended to a later date or
dates at the request of either party. Accordingly, Gulf will notify
the City of the effective date of the sale after the sale is con-
summated.
Please indicate consent by the City to these assignments
of the Agreements by dating, executing and returning the enclosed
copy of this letter to the undersigned. A stamped, self-addressed
envelope is enclosed for your convenience.
a
t
City of Huntington Beach
June 21, 1983
Page 2
In order to achieve a timely sale of the assets, we would
appreciate your prompt response to this request. If you have any
questions concerning this request, please contact me at the above
address or call me at (412) 263-5145.
Very truly yours,
GULF OIL CORPORATION
.f
BY
Confirmed and agreed on l
1983
CITY OF HUNTINGTON BEACH
By
}
0
EXHIBIT A
1. Lease and Easement Agreement, effective May 18, 1983, between
City of Huntington Beach and Gulf Oil Corporation.
2. Franchise Agreement, effective September 8, 1983, between
City of Huntington Beach and Gulf Oil Corporation.
3. Pipeline Franchise issued by Board of Supervisors of the
County of Orange pursuant to Ordinance No. 315 (will expire
September 8, 1983 and be replaced by the Franchise Agreement
set forth above) .
4. Pipeline Franchise is.sued by Board of Supervisors of the County
of Orange pursuant to Ordinance 813 (covers operation and
maintenance of certain pipelines within City of Huntington Beach).
M
3
RCCEII;CLa
CITY ATI 0,i' (, EY
�o�pC±j �o �r1Tt.
LAW DEPARTMENT JUiI � � tf o
John D. Gidel June 21, 1983 iiil Gulft6'uilding
ATTORNEY
Pittsburgh, Pa. 15230
City of Huntington Beach
P. O. Box 190
2000 Main Street
Huntington Beach, California 92648
Attention: Ms. Gail Hutton
City Attorney
Re: Assignment of Agreements
Dear Gail:
As you are aware, Gulf Oil Corporation has entered into
an agreement to sell its West Coast refining and terminalling assets,
including its Santa Fe Springs Refinery,
Pursuant to the terms of the agreement, Gulf intends to
assign to Golden West Refining Company, a California corporation,
10000 Lakewood Boulevard, Downey, California 90240, which is a
subsidiary of Thrifty Oil Co., its interest in the various agree-
ments identified on Exhibit A (the "Agreements") and Golden West
will assume all of Gulf's obligations under the Agreements.
By this letter, Gulf is providing notice of assignment
pursuant to Paragraph 3 of the Lease and Easement Agreement identi-
fied in Exhibit A.
In addition, Gulf is requesting the consent by the City
of Huntington Beach to the assignment and assumption of Gulf's
interest in the remaining agreements identified in Exhibit A.
Because a portion of the purchase price for the assets
will be financed by Gulf and other lenders, Gulf also requests
consent to an assignment of the Agreements by Golden West in favor
of Gulf and other lenders for security purposes.
Consent by the City is contingent upon the consummation
of the sale of the assets which is presently scheduled to take
place on July 15, 1983, but may be extended to a later date or
dates at the request of either party. Accordingly, Gulf will notify
the City of the effective date of the sale after the sale is con-
summated.
Please indicate consent by the City to these assignments
of the Agreements by dating, executing and returning the enclosed
copy of this letter to the undersigned. A stamped, self-addressed
envelope is enclosed for your convenience.
City of Huntington Beach
June 21, 1983
Page 2
In order to achieve a timely sale of the assets, we would
appreciate your prompt response to this request. If you have any
questions concerning this request, please contact me at the above
address or call me at (412) 263-5145.
Very truly yours,
GULF OIL CORPORATION
By
Confirmed and agreed on
11 1983
CITY OF HUNTINGTON BEACH
0-0
`
t
EXHIBIT A
1.
Lease and Easement
Agreement, effective May 18, 1983, between
City of Huntington
Beach and Gulf Oil Corporation.
2.
Franchise Agreement,
effective September 8, 1983, between
City of Huntington
Beach and Gulf Oil Corporation.
3.
Pipeline Franchise
issued by Board of Supervisors of the
County of Orange pursuant to Ordinance No. 315 (will expire
September 8, 1983
and be replaced by the Franchise Agreement
set forth above) .
4.
Pipeline Franchise
issued by Board of Supervisors of the County
of Orange pursuant
to Ordinance 813 (covers operation and
maintenance of certain
pipelines within City of Huntington Beach).
y. t
LEASE AND EASEMENT AGREEMENT
This Lease and Easement Agreement ("Agreement") is
entered into as of the Effective Date set forth below, by and
between the City of Huntington Beach, a municipal corporation
established and exisitng under and pursuant to the laws of the
State of California ("CITY"), and Gulf Oil Corporation, a
Pennsylvania corporation ("GULF").
nrll� T"171 T [.
WHEREAS, THE WILSHIRE OIL COMPANY and the CITY entered
into an agreement dated December 19, 1955, providing for the
construction, use and maintenance of certain pipelines within
the CITY, which agreement was subsequently modified by a
written amendment dated April 16, 1956; and
WHEREAS, GULF succeeded to the rights, benefits and
obligations of THE WILSHIRE OIL COMPANY under and pursuant to
said agreement; and
WHEREAS, a dispute and litigation has arisen
concerning GULF's continued use of such pipelines; and
WHEREAS, GULF and the CITY wish to amicably settle and
resolve the dispute and lawsuits currently pending between them
concerning GULF's right to lay and maintain pipelines within
the CITY; and
-1-
WHEREAS, GULF and the CITY desire to cooperate in
providing for the continued use of such pipelines; and
WHEREAS, GULF and the CITY wish to enter into this
Agreement as a part of, and contemporaneously with, that
certain Pipeline Right -Of -Way And Litigation Settlement
Agreement by and between GULF and the CITY, resolving several
other outstanding issues between GULF and the CITY; and
WHEREAS, the City Council of the City of Huntington
Beach has determined that entering into a new agreement
concerning the disputed GULF pipeline segment would be
consistent with the public interest, convenience and necessity;
NOW, THEREFORE, the CITY and GULF agree as follows:
1. Grant. The CITY hereby grants to GULF, its
successors and assigns, the right to construct, lay, maintain,
operate, repair, renew, change the size of and remove one or
more pipelines, not to exceed 24 inches in diameter, for the
transportation of oil, petroleum, gas, gasoline, water or other
substances in, under, along and across that certain real
property situated in the CITY of Huntington Beach, County of
Orange, State of California, described as follows:
A strip of land 10 feet in width,
the centerline of.which is that
segment of that certain exisitng
24" pipeline currently owned and
operated by Gulf lying between the
easternmost edge of Beach
Boulevard, at one end and the line
of ordinary high tide of the
Pacific Ocean on the other;
-2-
s
together with the necessary rights of ingress and egress over
the CITY's adjoining lands as may be necessary for enjoyment of
._the rights hereby granted, subject to the relocation provisions
of paragraph 5 of this Agreement.
Within thirty (30) days following the Effective
Date of this Agreement, GULF shall provide the CITY with a
surveyed legal description of the current location of the
above -described route, which description shall by this
reference be incorporated herein.
2. Term. The term of this Agreement shall be
twenty-five (25) years commencing December 19, 1980, and ending
December 18, 2005, unless sooner terminated pursuant to
Paragraph 12 hereof.
3. Assignments. This Agreement shall be fully
assignable by GULF and its successors and assigns; provided,
however, that each subsequent assignee shall agree in writing
to assume full responsibility for all obligations of the
assignor hereunder which have,_not yet been performed as of the
effective date of the assignment. In the event this Agreement
is assigned to a person or entity owning assets of a total
value of less than fifty million dollars ($50,000,000), and the
CITY, in the exercise of its good -faith judgment, determines
that such person or entity may be financially unable to meet
the 'indemnity obligations assumed pursuant to Paragraph 8
below, then the CITY may require an indemnity bond from a major
-3-
bonding company, reasonably satisfactory in form and substance
to the CITY, for a total amount of three million dollars
,($3,000,000), or in lieu thereof, to increase the limits of the
liability insurance provided for in Paragraph 9 below by an
additional three million dollars ($3,000,000), whichever the
assignor and/or the assignee may prefer, all at no cost or
expense to the CITY.
The assignor shall furnish the CITY with written
notice of any assignment of this Agreement, which notice shall
identify the name and address of the assignee and indicate the
effective date of the assignment. The CITY shall have the
right, to be exercised in writing at any time within fifteen
(15) days after receipt of such notice from assignor, to
require the assignee to furnish such financial information and
records as may reasonably be necessary under the circumstances,
to verify that the assignee owns assets exceeding fifty million
dollars ($50,000,000) in total value.
GULF and each subsequent assignor shall be
relieved from all further obligations and liabilities hereunder
arising after the later of the effective date of the assignment
or the date of receipt by the CITY of the written notice of
assignment; provided, however, that if the assignee does not
own assets which exceed fifty million dollars ($50,000,000) in
total value as of the effective date of the assignment and the
assignee (i) has failed to furnish necessary financial
-4-
information and records within ten (10) days after receipt of a
written request for the same from the CITY, -•or (ii) has timely
.__furnished such information and the CITY has notified both the
assignee and the assignor in writing within thirty (30) days
after receiving written notice of the assignment that the CITY
will require the indemnity bond or the additional insurance
coverage as provided in this paragraph, then in such event the
assignor shall not be relieved from the indemnity obligations
arising under Paragraph 8 of this Agreement until such time the
indemnity bond or the additional insurance has actually been
obtained. The assignor shall thereafter be relieved from all
responsibility and liability hereunder as long as such
indemnity bond or additional insurance is maintained.
4. Rent. Rent shall be paid in advance on an annual
basis on or before December 19 for the annual period beginning
on December 19th and ending on December 18th of the next
succeeding year ("Annual Rental Period").
The annual rental for the Annual Rental Period
beginning on December 19, 1980 shall be $30,000. For each
succeeding Annual Rental Period, the annual rental shall be the
previous years' rental increased or decreased by an amount
equal to the previous years' rent multiplied by eighty percent
(80%) of the change in the combined average of the Los
Angeles -Long Beach Consumer Price Index ("LA/LB CPI") and the
U.S. City Average Consumer Price ("U.S. CPI") as published by
-5-
the United States Department of Labor Statistics (or successor
agency) during the most recently -published twelve-month period
._available as of December 1 preceding the applicable. Annual
Rental Period.
Specifically, the rent due for any Annual Rental
Period shall be the previous years' rent (as computed pursuant
to this Paragraph 4) multiplied by one (1) plus the sum of the
following formula:
.8 X
12-Month
Latest - Prior
LA/LB CPI LA/LB CPI +
12-Month
Prior
LA/LB CPI
F
12-Month
Latest - Prior
U.S. CPI U.S. CPI
12-Month
Prior
U.S. CPI
The annual rental due on December 19, 1980,
December 19, 1981 and December 19, 1982, as computed pursuant
to this Paragraph 4, together with interest computed pursuant
to Paragraph 7 hereof, shall be due and payable thirty (30)
days following the Effective Date of this Agreement.
5-. Relocation. With respect to those rights granted
under this Agreement in the property located north of the
northern edge of Pacific Coast Highway (State Highway 1) and
west of the western edge of Beach Boulevard (State Highway 39),
GULF agrees to relocate such pipeline segments, at its cost, if
requested by the CITY and occasioned by proper, CITY -approved
future development of the surface of such property; provided,
however, that the CITY agrees to provide an alternative route
beneath or across property owned and/or controlled by it to the
.-.maximum extent possible in order to provide for the
non -interrupted operation of the refinery provided further,
that the CITY agrees to assist GULF in obtaining all necessary
governmental permits and approvals necessary for relocation of
the pipeline. GULF and the CITY agree to use their best
efforts, in the.event relocation is necessary, to relocate the
pipeline in a location which will avoid the necessity for any
future relocation of the pipeline. GULF and the CITY agree to
take all actions necessary to provide for the uninterrupted
operation of the pipeline as well as to provide for any future
surface development above the referenced pipeline segment.
6. Late Rental Pavment Penaltv. In the event the
rent provided for in Paragraph 4 above is not paid within the
time periods set forth therein, GULF shall pay to the CITY a
penalty of one and one-half percent (1-1/2%) per month on the
delinquent amount for each outstanding thirty (30) day period
or portion thereof or the then -current legal rate applicable to
such delinquencies, whichever is the lesser amount.
7. Interest. With respect to those rental payments
which would have been due on December 18, 1980, December 19, 1981,
and December 19, 1982 had this Agreement then been in effect, GULF
shall pay interest to CITY on an annualized basis through the date
paid at Bank of America's mean average prime rate for the year the
interest is calculated, compounded annually.
-7-
8. Indemnification, Hold Harmless; Defense. GULF
agrees to protect, defend, indemnify and hold and save harmless
the CITY, its officers, agents and employees against any and
all liability, claims, judgments, costs and demands, including
death or injury to GULF's employees, and damage to property,
arising directly or indirectly out of the obligations herein
undertaken by GULF or out of the operations conducted by GULF,
save and except those which arise out of the sole negligence or
sole willful misconduct of CITY. Gulf will defend any such
suits at the sole cost and expense of GULF when requested by
CITY, and any costs of defense or attorney's fees incurred by
CITY in enforcing this obligation will be reimbursed to CITY or
may be awarded to CITY by a court of competent jurisdiction.
9. Insurance. GULF shall procure a policy of liability
insurance from an insurance company authorized to do business in
the State of California naming the CITY as an additional insured
and protecting the CITY, its officers, agents, or employees
against any and all liability for death, injury or damage arising
out of or in connection with the use by GULF of the easement
herein granted. Such policy of insurance shall have a
$3,000,000 combined single limit per occurrence for bodily in-
jury and property damage. Said policy or a duly executed
certificate thereof shall be approved as to form, in writing, by
CITY's City Attorney, who shall also have a reasonable right of
approval of the insurance company selected by GULF. Should the
CITY experience difficulty in the settlement of any claim or claims
under or pursuant to such policy of insurance, the CITY shall
notify GULF thereof in writing. Thereafter, GULF and the CITY
_shall promptly meet to discuss such claims experience, and if
appropriate, agree upon a mutually -acceptable new insurer to
replace the insurance company responsible for the CITY's
unsatisfactory claims experience.
10. Facility Maps and Locations. GULF shall, within
ninety (90) days from the Effective Date of this Agreement,
supply the CITY with a set of as -built drawings showing the
location of all existing pipelines located pursuant to this
Agreement., If requested, GULF agrees to cooperate with the
CITY in physically locating and/or marking the actual pipelines
located pursuant to this Agreement.
11. Additional Documents. In the event that any
additional documents or actions are necessary in order to fully
implement the purposes of this Agreement, the parties agree to
execute such documents or take such actions as are in good
faith required to carry out the purposes of this Agreement.
12. Surrender. GULF shall have the right to
surrender its rights under this Agreement and be relieved of
the obligation to pay the annual fee herein provided for at any
time after the date hereof by filing written notice of its
intention to surrender said right, together with a Quitclaim
Deed, if requested by the CITY, releasing all rights in said
premises, with the City Clerk of the CITY at least ninety (90)
mom
days prior to the termination of any Annual Rental Period, said
surrender and the date of said Quitclaim Deed to be effective
_.upon the expiration of said Annual Rental Period.
13 Termination. On the expiration or sooner
termination of this Agreement, GULF shall quietly and peaceably
surrender possession of the premises to CITY and deliver to
CITY a good and sufficient Quitclaim, if requested by the CITY,
and shall restore said real property, as far as is possible, to
the same condition as existed at the date of this Agreement;
provided, however, that GULF shall have the right, at its
option, to abandon in place or remove any piplines laid in said
real property except to the extent that abandonment in place
would present a clear and immediate danger to the public,
health, safety and welfare.
14. Entire Agreement. This Agreement contains the
entire.agreement of the parties and supercedes any prior
understandings or agreements between GULF and the CITY with
respect to the matters addressed in this Agreement.
15. Force and Effect. The terms, covenants,
conditions and provisions of this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
16. Effective Date. This Agreement shall be
effective on the Effective Date (as defined therein) of the
Pipeline Right -of -Way And Litigation Settlement Agreement
-10-
between GULF and the CITY to which this Agreement is attached
and incorporated within; provided, however,.•that the term
hereof shall be retroactive as set forth in Paragraph 2 of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the date which is set forth opposite their
respective signatures.
DATED:
DATED : / cr
APPROVED AS TO FORM:
B
Gail Hutton
City Attorney
DATED: March 31, 1983
CITY OF HUNTINGTON BEACH
a municipal corporation
By
Attest:
B y
sty Clerk
APPROVED:
B y% ~
Charles R. T o son
City Administrator
GULF. OIL CORPORATION
a Pennsylvania corporation
By
W. P. Mo VeVice-Pret
-11-
x.
" FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT is entered into by and
between the City of Huntington Beach, a municipal corporation
established and existing under and pursuant to the laws of the
State of California (hereinafter the "CITY"), and Gulf Oil
Corporation, a Pennsylvania corporation (hereinafter "GULF"),
effective as of September 8, 1983 (the "Effective Date"),
pursuant to the CITY's "Pipeline Franchise Ordinance" as set
forth in Chapter 3.44 of the Huntington Beach Municipal Code
(Sections 3.44.010, et seq.).
n L+n T MA TO
WHEREAS, by Ordinance No. 315, the Board of
Supervisors of the County of Orange granted to Wilshire Oil
Company, Inc., GULF's predecessor in interest, a franchise for
the construction, operation and maintenance of a pipeline
system for the transportation of oil, gas and other hydrocarbon
substances; and
WHEREAS, the CITY has succeeded to the rights and
benefits of the County of Orange under said franchise with
respect to that portion of the pipeline system located within
the territorial limits of the City of Huntington Beach and now
has jurisdiction for authorizing franchises respecting the
same; and
-1-
" FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT is entered into by and
between the City of Huntington Beach, a municipal corporation
established and existing under and pursuant to the laws of the
State of California (hereinafter the "CITY"), and Gulf Oil
Corporation, a Pennsylvania corporation (hereinafter "GULF"),
effective as of September 8, 1983 (the "Effective Date"),
pursuant to the CITY's "Pipeline Franchise Ordinance" as set
forth in Chapter 3.44 of the Huntington Beach Municipal Code
(Sections 3.44.010, et seq.).
n L+n T MA TO
WHEREAS, by Ordinance No. 315, the Board of
Supervisors of the County of Orange granted to Wilshire Oil
Company, Inc., GULF's predecessor in interest, a franchise for
the construction, operation and maintenance of a pipeline
system for the transportation of oil, gas and other hydrocarbon
substances; and
WHEREAS, the CITY has succeeded to the rights and
benefits of the County of Orange under said franchise with
respect to that portion of the pipeline system located within
the territorial limits of the City of Huntington Beach and now
has jurisdiction for authorizing franchises respecting the
same; and
-1-
t
e w
WHEREAS, GULF is the successor in interest to Wilshire
Oil Company, Inc., with respect to the rights and obligations
-of the grantee under said franchise; and `
WHEREAS, said franchise will expire on September 8,
1983; and
WHEREAS, GULF has requested that the CITY renew said
franchise; and
WHEREAS, City Council of the City of Huntington Beach
has determined that a renewal of said franchise by the granting
of this Franchise Agreement would be consistent with the public
interest, convenience and necessity;
NOW, THEREFORE, the CITY and GULF agree as follows:
1. Grant. The CITY hereby grants to GULF, for a
term commencing on the Effective Date and continuing through
December 18, 2005, subject, however, to all limitations,
restrictions and conditions set forth herein and/or
incorporated herein by specific reference, the right, privilege
and franchise to lay, construct, maintain, operate, renew,
repair, change the size of, remove or abandon in place one or
more existing pipes and pipelines for the collection,
transportation or distribution of oil, gas, gasoline,
petroleum, wet gas and hydrocarbon substances, together with
all manholes, valves, appurtenances and service connections
necessary or convenient for the operation of said pipes or
pipelines including conduits, cathodic protection devices,
-2-
wires, cables and other appurtenances necessary or convenient
for the exercise of GULF'S business, in, under and along
-certain streets, roads, highways, alleys, lanes and, other
public ways within the City of Huntington Beach as herein
designated or as may subsequently be authorized pursuant to
Section 3.44.330 of the Huntington Beach Municipal Code.
2. Application Of Grant. This Franchise Agreement
shall apply to that portion of GULF's pipeline system within
the territorial limits of the City of Huntington Beach in
existence on the Effective Date and constructed and operated
pursuant to the franchise granted by the Board of Supervisors
of the County of Orange by Ordinance No. 315, including, but
not limited to, the pipelines running from GULF's receiving and
storage facilities located at the intersection of Newland
Street and Hamilton Street northerly along Newland Street to
Adams Street, thence westerly along Adams Street to Huntington
Avenue, thence northerly along Huntington Avenue to Clay Avenue
(Summit Avenue), thence westerly along Clay Avenue to Golden
West Avenue, and thence along Golden West Avenue in both a
northerly direction to the northernmost limits of the City of
Huntington Beach and southerly along Golden West Avenue to
Ocean Avenue (Pacific Coast Highway).
3. Incorporation Of Pipeline Franchise Ordinance,
Definitions And Supremacy Of Franchise Agreement. This
Franchise Agreement is granted upon and subject to the rules,
-3-
` n t
regulations, restrictions, terms and conditions of the CITY's
existing "Pipeline Franchise Ordinance" as -set forth in
_-Chapter 3.44 of the Huntington Beach Municipal Code, a copy of
which is attached hereto as Exhibit "I" and incorporated herein
by this reference, except to the extent the same may be
inconsistent with any of the express provisions of this
Franchise Agreement. In the event of any inconsistencies, the
provisions hereof shall prevail. All references in this
Franchise Agreement to specific sections of the Huntington
Beach Municipal Code are references to those sections as they
now exist and are reflected in said Exhibit "I". The words and
phrases in this Franchise Agreement shall have the identical
meaning as provided in Section 3.44.040 of the Huntington Beach
Municipal Code .
4. Compensation To City. GULF shall pay the
following fees to the CITY with respect to the rights and
privileges granted to GULF hereunder:
4.1 Base granting fee. GULF shall pay the CITY
the sum of five thousand dollars ($5,000) as a one-time
base granting fee within thirty (30) days following the
Effective Date.
4.2 'Base annual fee and adjustments. A base
annual fee shall be paid within sixty (60) days after the
end of each calendar year during the term of this Franchise
Agreement, including 1983, in the amount of twelve cents
($.12) per lineal foot of pipe for all.pipelines with an
-4-
internal diameter of eight (8) inches or less and an
additional two cents ($.02) per inch of -internal diameter
._ per foot of pipe for each inch or portion thereof in excess
of eight (8) inches. In determining the number of feet of
pipeline upon which the annual fee will be computed, the
greatest number of feet of pipeline covered by this
Franchise Agreement during the calendar year for which
payment is due will be utilized. If the base annual fee is
not paid within seventy-five (75) days following the end of
any calendar year during the term hereof, a penalty shall
be assessed at the rate of ten percent (10%) per month or
fraction thereof beyond the payment date; provided,
however, that in no event shall said penalty exceed the
rate of fifty percent (50%). Said base annual fee shall be
subject to annual adjustment pursuant to Section 3.44.290
of the Huntington Beach Municipal Code. Furthermore, said
base annual fee shall be subject to proration pursuant to
Section 3.44.300 of the Huntington Beach Municipal Code.
4.3 Base construction charges. GULF shall pay
at the time of installation, relocation or replacement of
any pipeline or other facility covered by this Franchise
Agreement, a base construction charge of one thousand five
hundred dollars ($1,500) for each one-half mile of pipeline
or fractional part thereof installed, replaced or relocated
on major streets and one thousand dollars ($1,000) per
one-half mile or fractional part thereof on minor streets.
-5-
5. Consent To Assignment. Notwithstanding any
contrary provisions contained in Section 3A4.210 of the
._...Huntington Beach Municipal Code, the CITY agrees that it will
not withhold consent to a full and complete transfer and
assignment of GULF's rights, privileges and obligations
hereunder to a responsible transferee, and that the CITY will
not condition the granting of such consent upon the imposition
of any additional terms and conditions to this Franchise
Agreement. Upon consent to such assignment and transfer, GULF
shall be relieved from all obligations and liabilities accruing
hereunder subsequent to the date of such assignment and
transfer.
6. Force Majeure. The obligations of any party
hereunder, other than the obligation to pay money, shall be
suspended for so long as such party is unable, in whole or in
part, to carry out its obligations under this Franchise
Agreement by reason of an act of God, strike, walkout or other
industrial disturbance, act of the public enemy, war, blockade,
public riot, lightning, fire, storm, flood, explosion,
governmental action, governmental delay, restraint or inaction,
the unavailability of equipment or materials, or any other
cause, whether similar or dissimilar to the types specifically
enumerated above, which is beyond the reasonable control of the
party claiming the right to suspend its obligations. Such
affected party shall provide prompt written notice to the other
WE
of the details of the "force majeure," and shall use all
reasonable diligence to remove, eliminate or otherwise minimize
the force majeure situation as quickly as is practicable.
Nothing herein contained shall require a party to settle a
labor dispute contrary to the wishes of such party.
7. Surrender. GULF shall have the right to
surrender,its rights under this Agreement and be relieved of
the obligation to pay the base annual fee herein provided for
at any time after the Effective Date hereof by filing written
notice of its intention to surrender said right with the City
Clerk of the CITY; provided, however, that GULF shall comply
with the provisions of the existing "Pipeline Franchise
Ordinance" relating to removal or abandonment of facilities.
8. Entire Agreement. This Franchise Agreement
contains the entire agreement of the parties and supersedes any
prior understandings or agreements between GULF and the CITY
-7-
with respect to the matters addressed in this Franchise
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Franchise Agreement on the date which is set forth
opposite their respective signatures.
DATED:
CITY OF HUNTINGTON BEACH
a municipal corporation
By %
ayor
Attest:
DATED: �f �q l� By
City Clerk
APPROVED AS TO FORM: REVIEWED AND APPROVED:
By y c9yi
City Attorney City Adminis rator
DATED: March 31, 1983
INS IATED AND APPROVED:
Director of Public Works
GULF OIL CORPORATION
By
W. P. Moy s
Vice -Prey' ent
e
s", FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT is entered into by and
between the City of Huntington Beach, a municipal corporation
established and existing under and pursuant to the laws of the
State of California (hereinafter the "CITY"), and Gulf Oil
Corporation, a Pennsylvania corporation (hereinafter "GULF"),
effective as of September 8, 1983 (the "Effective Date"),
pursuant to the CITY's "Pipeline Franchise Ordinance" as set
forth in Chapter 3.44 of the Huntington Beach Munici. al Code
(Sections 3.44.010, et seq.).
RECITALS
WHEREAS, by Ordinance No. 315, the Board of
Supervisors of the County of Orange granted to Wilshire Oil
Company, Inc., GULF's predecessor in interest, a franchise for
the construction, operation and maintenance of a pipeline
system for the transportation of oil, gas and other hydrocarbon
substances; and
WHEREAS, the, CITY has succeededto the rights and
benefits of the County of Orange under said franchise with
respect to that portion of the pipeline system located within
the territorial limits of the City of Huntington B each and now
has jurisdiction for authorizing franchises respecting the
same; and
EXHIBIT......_. -A, .
`gWHEREAS, GULF is the successor in interest to Wilshire
Oil Company, Inc., with respect to the rights and obligations
_.-of the grantee under said franchise; and
1983; and
WHEREAS, said franchise will expire on September 8,
WHEREAS, GULF has requested that the CITY renew said
franchise; and
WHEREAS, City Council of the City of Huntington Beach
has determined that a renewal of said franchise by the granting
of this Franchise Agreement would be consistent with' the public
interest, convenience and necessity;
NOW,•THEREFORE, the CITY and GULF agree as follows:
1. Grant. The CITY hereby grants to GULF, for a
term commencing on the Effective Date and continuing through
December 18, 2005, subject, however, to all limitations,
restrictions and conditions set forth herein and/or
incorporated herein by specific reference, the.right, privilege
and franchise to lay, construct, maintain, operate, renew,
repair, change the size of, remove or abandon in place one or
more existing pipes and pipelines for the collection,
transportation or distribution of oil, gas, gasoline,
petroleum, wet gas and hydrocarbon sub stances, together with
all manholes, valves, appurtenances and service connections
necessary or convenient for the operation of said pipes or
pipelines including conduits, cathodic protection devices,
r
wires, cables and other appurtenances necessary or convenient
for the exercise of GULF's business, in, under and along
__certain streets, roads, highways, alleys, lanes and. other
Public ways within the City of Huntington Beach as herein
designated or as may subsequently be authorized pursuant to
Section 3.44.330 of the Huntington Beach Municipal Code.
2. Application Of Grant. This Franchise Agreement
shall apply to that: portion of GULF's pipeline system within
the territorial limits of the City of Huntington Beach in
existence on the Effective Date and constructed andQoperated
pursuant to the franchise granted by the Board of Supervisors.
of the County of Orange by Ordinance No. 315, including, but
not limited to, the pipelines running from GULF's receiving and
storage facilities located at the intersection.of Newland
Street and Hamilton Street northerly along Newland Street to
Adams Street, thence westerly along Adams Street'to Huntington
Avenue, thence northerly along Huntington Avenue to Clay Avenue
(Summit Avenue), thence westerly along Clay Avenue to Golden
West Avenue, and thence along Golden West Avenue in both a
northerly direction to the northernmost limits of the City of
Huntington Beach and southerly along Golden West Avenue to
Ocean Avenue (Pacific Coast Highway).
3. Incorporation Of Pipeline Franchise Ordinance,
Definitions And Supremacy Of Franchise.Agreement`, This
Franchise Agreement is granted upon and subject`to the rules,
regulatipps, restrictions, terms and conditions of the CITY's
existing "Pipeline Franchise Ordinance" asset forth in
._Chapter 3.44 of the Huntington Beach Municipal Code, a copy of
which is attached hereto as Exhibit "I" and incorporated herein
by this reference, except to the extent t'he same may be
inconsistent with any of the express provisions of this
Franchise Agreement. In the event of any inconsistencies, the
provisions hereof shall prevail. All references in this
Franchise Agreement to specific sections of the Huntington
Beach Municipal Coae are references to those sections as they
now exist and are reflected in said Exhibit "I". The words and
phrases in this Franchise Agreement shall have the identical
meaning as provided in Section 3.44.040 of the Huntington Beach
Municipal Code,
4. Compensation To City. GULF shall pay the
following fees to the CITY with respect to the rights and
privileges granted to GULF hereunder:
4.1 Base granting fee. GULF Shall pay the CITY
the sum of five thousand dollars ($5,000) as a one-time
base granting fee within thirty (30) days following the
Effective Date.
4.2 Base annual fee and adjustments. A base
annual fee shall be paid within sixty (60) days after the
end of each calendar year during the term of this Franchise
Agreement, including 1983, in the amount of twelve cents
($.12) per lineal foot of pipe for all pipelines with an
internal diameter of eight (8) inches or less and an
additional two cents ($.02) per inch of -internal diameter
per foot of pipe for each inch or portion thereof in excess
of eight (8) inches. In determining the number of feet of
pipeline upon which the annual fee will be computed, the
greatest number of feet of pipeline covered by this
Franchise Agreement during the calendar year for which
payment is due will be utilized. If the base annual fee is
not paid within seventy-five (75) days following the end of
any calendar year during the term he a penalty shall
be assessed at the rate of ten percent (10%) per month or
fraction thereof beyond the payment dates provided,
however, that in no event shall said penalty exceed the
rate of fifty percent (50%). Said base annual fee shall be
subject to annual adjustment pursuant to Section 3.44.290
of the Huntington Beach Municipal Code. Furthermore, said
base annual fee shall be subject to proration pursuant to
Section 3.44.300 of the Huntington Beach Municipal Code.
4.3 Base construction charges. GULF shall pay
at the time of installation, relocation or replacement of
any pipeline or other facility covered by this Franchise
Agreement, a base construction charge of one thousand five
hundred dollars ($1,500) for each one-half mile of pipeline
or fractional part thereof installed, replacad or relocated
on major streets and one thousand dollars `($1,600) per
one-half mile or fractional part thereof,on minor streets.
5. Consent To Assignment. Notwithstanding any
contrary provisions contained in Section 3..44.210 of the
.._.Huntington Beach Municipal Code, the CITY agrees that it will
not withhold consent to a full and complete transfer and
assignment of GULF°s rights, privileges and obligations
hereunder to a responsible transferee, and that the CITY will
not condition the granting of such consent upon the imposition
of any additional terms and conditions to this 'Franchise
Agreement. Upon consent to such assignment and transfer, GULF
shall be relieved -from all obligations and liabilities accruing
hereunder subsequent to the date of such assignment and
transfer.
6. Force Majeure. The obligations of any party
hereunder, other than the obligation to pay money, shall be
suspended for so long as such party is unable® in whole or in
part, to carry out its obligations under this Franchise
Agreement by reason of an act of God, strike, walkout or other
industrial disturbance, act of the public enemy, war, blockade,
public riot, lightning, fire, storm, flood, axplosion,
governmental action, governmental delay, restraint or inaction,
the unavailability.of equipment or materials, or any other
cause, whether similar or dissimilar to the types specifically
enumerated above, which is beyond the reasonable control of the
party claiming the right to suspend its obligations. Such
affected party shall provide prompt written notice to the other
of the details of the "force majeure," and shall use all
reasonable diligence to remove, eliminate or otherwise minimize
the force maj'eure situation as quickly as is practicable.
Nothing herein contained shall require a party to settle a
labor dispute contrary to the wishes of such party.
7. Surrender. GULF shall have the right to
surrender its rights under this Agreement and be relieved of
the obligation to pay the base annual fee herein provided for
at any time after the Effective Date hereof by filing written
notice of its intention to surrender said right witj the City
Clerk of the CITY; provided, however, that GULF shall comply
with the provisions of the existing "Pipeline Franchise
Ordinance" relating to removal or abandonment of facilities.
8. Entire Agreement. This Franchise Agreement
contains the entire agreement of the parties and supersedes any
prior understandings or agreements between GULF'and the CITY
•
with respect to the matters addressed in .this Franchise
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Franchise Agreement on the date which is set forth
Opposite their respective signatures.
DATED:
DATED:
APPROVED AS TO FORM:
By
City Attorney
DATED: March 31, 1983
CITY OF HUNTINGTON BEACH
a municipal corporation
By
Mayor
Attests
By
City Clerk
REVIEWED ND APPROVED:
City Ad n st ator
INITtA'AtD, M AP
By
Dire toot Public Works
GULF'OIL CORPORATION
By
W. P. o les
Vice-P sident
_e�
Sections•
I.
3.44.010
3.44.020
3.44.030
3.44.040
3.44.050
3.44.060
3.44.070
3.44.080
3.44.090
3.44.100
3.44.110
3.44.120
3.44.130
3.44.140
3.44.150
3.44.160
3.44.170
3.44.180
3.44.190
3.44.200
3. 44.210
3.44.220
3.44.230
3.44.240
3.44.250
Chanter 3.44
PIPELINE FRANCHISES
GENERAL PROVISIONS AND DEFINITIONS
Short title.
General provisions.
Pole lines.
Definitions.
Term.
Franchise agreement.
Nonexclusive franchise.
Maps.
Insurance.
Liability insurance.
Workers' compensation
Workers' compensation
Faithful nerformance
Alternate security.
Length.
Forfeiture.
Value of franchise.
State highways.
Eminent domain.
Publication costs.
Assignment.
Hold harmless.
Standards.
Defective facilities.
Hazardous substances.
II. COMPENSATION
insurance.
insurance --Filing.
bond.
3.44.260 Base granting fee.
3.44.270 Base annual fee.
3.44.280 Base construction charges.
3.44.290 Adjustments --Base annual fee.
3.44.300 Proration of payments.
3.44.310 Records.
III. CONSTRUCTION
3.44.320 Construction requirements.
3.44.330 New installation or replacement.
3.44.340 Permits.
3.44.35C Work on and restoration of streets.
3.44.360 Failure to timely comply.
3.44.370 Completion statement.
3.44.380 Appurtenances.
3.44.390 Ordinary repair.
3.44.400 Breaks or leaks.
3.44.410 Emergency equipment.
EXHIBIT I
78-5
._t
PIPELINE RIGHT OF WAY AND
LITIGATION SETTLEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between
the City of Huntington Beach, a municipal corporation
established and existing under the laws.cf the State of
California (hereinafter the "CITY"), and Gulf Oil Corporation,
a Pennsylvania corporation (hereinafter "GULF"), effective
immediately upon the date of the later of (i) due and proper
execution of this Agreement and each of the Agreements attached
hereto as Exhibit Nos. "l" and "5" by all parties, and (ii) the
effective date of an ordinance or ordinances properly adopted
by the City Council of the City of Huntington Beach authorizing
the CITY to enter into the Franchise Agreement attached hereto
as Exhibit•No. "5" (hereinafter the "Effective Date").
n mnn rmTrn
WHEREAS, the CITY owns or controls several certain
parcels of real property within the territorial limits of 'the
CITY in the vicinity of the intersection of Beach Boulevard and
the Pacific Coast Highway, beginning along the'mean high tide
line on the beach and continuing inland (hereinafter the "CITY
Property"); and
WHEREAS, the CITY is currently in the process of
establishing a comprehensive development plan for the
development of the CITY Property; and
-1-
A
ti
WHEREAS, GULF owns and operates a major oil refining
facility located in the City of Santa Fe Springs, California
(the "SANTA FE SPRINGS REFINERY"); and
WHEREAS, GULF's predecessor in interest constructed a
seab erth offshore of the City of Huntington Beach with
connecting pipelines to receiving and storage facilities
located several hundred yards inland on private property within
the territorial limits of the CITY, together with a pipeline
system running from the onshore receiving and storage
facilities to the SANTA FE SPRINGS REFINERY (said portion of
the pipeline system running from the onshore receiving and
storage facilities to the SANTA FE SPRINGS REFINERY is
sometimes hereinafter referred to as the "Transmission Pipeline
System") ; and
WHEREAS, a portion of the connecting pipelines from
the seab erth to the onshore receiving and storage facilities is
located under the CITY Property and was constructed and
operated pursuant to an agreement dated December 19, 1955, as
subsequently modified by a written amendment dated April 16,
1956 (hereinafter sometimes collectively referred to as the
'DECEM3ER 19, 1955 AGREEMENT"), which agreement expired by its
own terms on December 19, 1980; and
WHEREAS, a portion of the Transmission Pipeline System
was constructed and is operated in certain areas within the
County of Orange, including areas within the territorial linits
-2-
i � 4
1
L
of the City of Huntington Beach, pursuant to a franchise
granted to GULF's predecessor in interest by Ordinance No. 315,
adopted by the Board of Supervisors of the County of Orange,
which franchise is due to expire on September 8, 1983; and
WHEREAS, the CITY has succeeded to the County of
Orange with respect to the rights and benefits under said
franchise and has jurisdiction for the authorizing of any new
franchise agreements applicable to that portion of the
Transmission Pipeline System within the territorial limits of
the City of Huntington Beach; and
WHEREAS, a dispute has arisen between the CITY and
GULF concerning the CITY Property and the continued rights of
GULF to maintain and operate connecting pipelines from the
seaberth to the onshore receiving and storage facilities
passing through and across the CITY PROPERTY, which dispute has
resulted in the filing of the following three lawsuits: GULF
OIL CORPORATION vs. CITY OF HUNTINGTON BEACH and BEN ARGUELLO,
U. S. District Court, No. CV-80-5709 RMT (JRx); CITY OF
HUNTINGTON BEACH vs. GULF OIL CORPORATION, E. E. SCHOEBERLEIN,
et al., Orange County Superior Court, No. 35-13-10; and CITY OF
HUNTINGTON BEACH vs. GULF OIL CORPORATION, E. E. SCHOEBERLEIN,
et al., Orange County Superior Court, No. 35-13-11 (said three
lawsuits are sometimes hereinafter collectively referred to as
the "Pending Litigation Matters") ; and
WHEREAS, the CITY and GULF wish to settle the Pending
Litigation Matters pursuant to the terms of this Agreement; and
-3-
WHEREAS, the CITY and GULF wish to enter into a
Franchise Agreement respecting that portion -of the Transmission
Pipeline System within the territorial limits of the_City of
Huntington Beach which is presently subject to the
above -identified franchise, effective upon the expiration of
said franchise; and
WHEREAS, GULF is considering the possibility of
selling the SANTA FE SPRINGS REFINERY and all related
facilities, including the seaberth and pipelines and other
facilities which are the subject of this Agreement, to a
responsible third party; and
WHEREAS, GULF has obtained all requisite corporate
authority and is duly authorized to enter into and comply with
all of the terms and provisions of this Agreement; and
WHEREAS, the CITY has obtained all requisite authority
and is duly authorized to enter into and comply with all of the
terms and provisions of this Agreement;
NOW, THEREFORE, the CITY and GULF agree as follows:
1. Grant Of Subsurface Petroleum Pipeline Right Of
Way. The CITY hereby grants to GULF and its successors and
assigns the right to construct, lay, maintain, operate, repair,
renew, change the size of and remove one or more pipelines, not
to exceed 24 inches in diameter for the transportation of oil,
petroleum, gas, gasoline, water or other substances in, under,
along and across that certain real property described in, and
-4-
subject to the terms and provisions of, the Lease and Easement
Agreement attached hereto as Exhibit "1" and incorporated
herein by this reference. The CITY and GULF shall execute said
Lease and Easement Agreement contemporaneously herewith.
2. Reimbursement For Litigation Costs And Expenses.
GULF shall reimburse the CITY for all direct litigation.
expenses incurred by the CITY, including legal fees paid to
outside counsel, in connection with the Pending Litigation
Platters; provided, however, that in no event shall such
reimbursement exceed the sum of $100,000. The CITY has advised
GULF that such expenses were approximately $84,000 as of
January 13, 1983. The CITY shall furnish GULF with an invoice
and appropriate documentation itemizing such expenses, and
payment shall be due within 30 days following the receipt
thereof by GULF. A late payment shall be subject to a penalty
of one and one-half percent (1-1/2%) per month on the
delinquent amount for the thirty (30) day period or portion
thereof or the then -current legal rate applicable to such
delinquencies, whichever is the lesser amount.
3. Dismissal Of Pending Lawsuits. Promptly
following the Effective Date, GULF shall serve and file a
dismissal of its lawsuit styled GULF OIL CORPORATION vs. CITY
OF HUNTINGTON BEACH and BEN ARGUELLO, U. S. District Court,
No. CV-80-5709 RMT (JRx), in the form attached hereto as
Exhibit "2". Likewise, promptly following the Effective Date,
-5-
the CITY shall serve and file a dismissal of its lawsuit styled
CITY OF HUNTINGTON BEACH vs. GULF OIL CORPORATION, E. E.
SCHOEBERLEIN, et al., Orange County Superior Court,
No. 35-13-10, in the form attached hereto as Exhibit "3", and a
dismissal of its lawsuit styled CITY OF HUNTINGTON BEACH vs.
GULF OIL CORPORATION, E. E. SCHOEBERLEIN, et al., Orange County
Superior Court, No. 35-13-11, in the form attached hereto as
Exhibit "4".
4. Franchise Agreement. As a material consideration
to GULF hereunder, the CITY, pursuant to Chapter 3.44
(Sections 3.44.010, et seq.) of the Huntington Beach Municipal
Code and all other applicable laws of the City of Huntington
Beach, hereby contemporaneously grants and enters into the
Franchise Agreement with GULF which is attached hereto as
Exhibit "5" and incorporated herein by this reference. Said
Franchise Agreement shall become effective upon the expiration
of the existing franchise on September 8, 1983, and shall
remain in force and effect through December 18, 2005, unless
earlier terminated pursuant to the provisions of said Franchise
Agreement.
5. Additional Documents And Acts. In the event that
any additional documents or actions are necessary in order to
fully implement the purposes of this Agreement, the parties
agree to execute such documents or take such actions as are in
good faith required to carry out the purposes of this Agreement.
-6-
6. Force And Effect. The terms, covenants,
conditions and provisions of this Agreement shall be binding
upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
7. Entire Agreement. This Agreement contains the
entire agreement of the parties and supersedes any prior
understandings or agreements between GULF and CITY with respect
to each and all of the matters addressed in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement on the date which is set forth opposite their
respective signatures.
DATED: t
DATED:
DATED: c eJ
1 l
DATED: March 31, 1983
CITY OF HUNTINGTON BEACH
A Muni c' al Corporation
B y s "'
Mayor
B y s
City Clery
By All
City Attorney
GULF OIL CORPORATION
By (4. ,
W. P. Moy s
Vice-Presi ent
-7-
21
31
5
6
7
8
911
10
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12
13
14i
15
16
17
18
19
20
21
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24
25
26
27
28
a
BRIGHT AND BROWN
JAMES S. BRIGHT
GREGORY C. BROWN
JOHN J. HARRIS
611 West Sixth Street
Suite 2400
Los Angeles, California 90017
(213) 489-3444
Attorneys for Plaintiff
GULF OIL CORPORATION
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
GULF OIL CORPORATION,
a Pennsylvania corporation,
Plaintiff,
vs.
CITY OF HUNTINGTON BEACH, )
a municipal corporation, and )
BEN ARGUELLO, Acting City )
Administrator, an individual, )
Defendants. )
N0. CV-80-5709 RMT (JRx)
STIPULATION AND
[PROPOSED] ORDER RE:
DISMISSAL
(F. R. C. P. Rule 41)
It is hereby stipulated and agreed by and between the
parties hereto and their respective counsel that the
Exhibit 2
-1-
r . A*
1
2
3
--,4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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above -entitled action may be dismissed with prejudice, and that
each party shall bear its own costs.
Dated:
Dated:
BRIGHT AND BROWN
JAMES S. BRIGHT
GREGORY C. BROWN
JOHN J. HARRIS
1983. By {
James S. Bright
Attorneys for Plaintiff
GULF OIL CORPORATION
MUNGER, TOLLES & RICKERSHAUSER
DENNIS C. BROWN
BRADLEY S. PHILLIPS
, 1983. By
It is so ordered.
Dated: , 1983.
ORDER
Dennis C. Brown
Attorneys for Defendants
CITY OF HUNTINGTON BEACH
and BEN ARGUELLO
Hon. Robert M. Takasugi
U.S. District Judge ,
-2-
Name, Address and Te!epnp_T.e No. c! A!tWmey(s;
h UV"_�ER, TOLLES & RI(4:,,-!VRSHAUSER,
DENNIS C. BROWN, BRI EY S. PH.ILLIPS
612 South Flower Street, Fifth Floor,
Los Angeles, California 90017
(213) 683-9100
Attorney(s) for .Plaintiff City of Huntington Beac
--ce Sa:ow for Use of Court Clerk Only
SUPERIOR COURT OF CALIFORNIA, COUNTY OF... ,ORANGE
(SUPERIOR, MUNICIPAL, or JUSTICE)
(Name of Municipal or Justice Court District or of branch court, if any)
Plaintiff(s): I CASE NUMBER 35-13-10
CITY OF HUNTINGTON BEACH, REQUEST FOR DISMISSAL
TYPE OF ACTION
Defendant(s): ^I Personal Injury, Property Damage and yWrongfui Death:
Motor Vehicle Other
GULF OIL CORPORATION, et al. Domestic Relations Eminent Domain
Other: (Specify) Q9n. ensat01'y a71(3 PUI11t1Ve
(Abbreviated Title) Damages, To Quiet Title,
and for Declaratory and
TO THE CLERK: Please dismiss this action as fol;ows: (Check applicable boxes.)
Injunctive Relief
1. n With prejudice F1 Without prejudice
2. n Entire action Complaint only Petition only [] Cross -complaint only
Other: (Specify)'
Dated: ..............................................
*If dismissal requested is of specified parties only, of specified
causes of action only or of specified cross -complaints only, so
state and identify the parties, causes of action or cross -complaints
to be dismissed.
MUNGER, TOLLES & RICKERSHAUSER,
DENNIS C. BROWN., BRADLEY S. PHILLIPS
By
Attorney(s) for. City of Huntington Beach
TO THE CLERK: Consent to the above dismissal is hereby given. —
Dated:
"When a cross -complaint (or Response (Marriage) seeking affirma-
tive relief) is on file, the attorney(s) for the cross -complainant
(respondent) must sign this consent when required by CCP
581(1), (2) or (5)..
Dennis C. Brown
(Type or print attomey(s) name(s))
Attorneys) for .............................................
(Type or print attorney(s) name(s))
(To be completed by clerk)
ODismissal entered as requested on...................................................................................
• Dismissal entered on.....................................as to only ................................... I.............
• Dismissal not entered as requested for the following reason(s), and attorney(s) notified on ...................................
Dated ...........:..... By
, Clerk
Deputy
3 Form Adopted by Rule 982 of CCP 581, etc.;
The Judicial Council of California REQUEST- FOR DISMISSAL Cal. Rules of Court,
Revised Effective July 1, 1972 Exhibit 3 MRar>a RC043 PS 3.82 Rule 1233
Nariie, Adafess and Telephor•e No. of Altorney(s; °^ce Below for Use of Coun Clerk Only
?;LINGER, TOLLES & I KERSHAUSER,
DENNIS C. BROWN, BRADLEY S. PHILLIP
612 South Flower Street, Fifth Floor
Los Angeles, California 90017
(213) 683-9100
Attorney(s) for .Plaintiff City of Huntington Bea
PIa!miff (s):
..SUPERIOR , .. , COURT OF CALIFORNIA, COUNTY OF.......ORANGE
(SUPERIOR, MUNICIPAL, or JUSTICE)
...................................... I...........................
(Name of Municipal or Justice Cauft District or of branch court, it any)
j CASE NUMBER 35-13-11
CITY OF HUNTINGTON BEACH
Defendant(s):
GULF OIL CORPORATION, et al.
bbrevisted
REQUEST FOR DISMISSAL
TYPE OF ACTION
Personal Injury, Property Damage and Wrongful Death:
Motor Vehicle M Other
Domestic Relations Eminent Domain
fR other: (Specify) , Un1aW, ,ul ,Detainer, , _ , , . ,
TO THE CLERK: Please disnass this action as follows: (Check applicable boxes.)
1. XX With prejudice Without prejudice
2. Entire action Cj Complaint only Petition only Cross -complaint only
Other: (Specify)'
MUNGER, TOLLES & RICKERSHAUSER
DENNIS C. BROWN, BRADLEY S. PHILLIPS
Dated: ................................ BY
'if dismissal requested is of specified parties only, of specified Attorney(s) for .Pl4i ntlff City of Huntington Beach
causes of action only or of specified cross -complaints only, so
state and identity the parties, causes of action or cross -complaints Dennis C . Brown
to be dismissed.
(Type or print attorney(s) name(s))
TO THE CLERK: Consent to the above dismissal is hereby given."
Dated:
"When a cross -complaint (or Response (Marriage) seeking affirma-
tive relief) is on file, the attorney(s) for the cross -complainant
(respondent) must sign this consent when required by CCP
581(1), (2) or (5).-
(To be completed by clerk)
Attorney(s)for .............................................
(Type or print attorneys) name(s))
❑ Dismissal entered as requested on .......................................................... ........
❑ Dismissal entered on.....................................as to only .................................................
❑ Dismissal not entered as requested for the following reason(s), and attorney(s) notified on ................. . .................
, Clerk
Dated .......................... By ,Deputy
Form Adopted by Rule 982 of CCP 581, etc.;
The Judicial Council of California REQUEST FOR DISMISSAL Cal. Rules of Court,
Revised Elfeclive July 1. 1972 Exhibit 4 MR3411r4 RC043 PS 3-82 Rule 1233
`S
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT is entered into by and
between the City of Huntington Beach, a municipal corporation
established and existing under and pursuant to the laws of the
State of California (hereinafter the "CITY"), and Gulf Oil
Corporation, a Pennsylvania corporation (hereinafter "GULF"),
effective as of September 8, 1983 (the "Effective Date"),
pursuant to the CITY's "Pipeline Franchise Ordinance" as set
forth in Chapter 3.44 of the Huntington Beach Municipal Code
(Sections 3.44.010, et seq.).
""t�TmA T [-
WHEREAS , by Ordinance No. 315, the Board of
Supervisors of the County of Orange granted to Wilshire Oil
Company, Inc., GULF's predecessor in interest, a franchise for
the construction, operation and maintenance of a pipeline
system for the transportation of oil, gas and other hydrocarbon
substances; and
WHEREAS, the CITY has succeeded to the rights and
benefits of the County of Orange under said franchise with
respect to that portion of the pipeline system located within
the territorial limits of the City of Huntington Beach and now
has jurisdiction for authorizing franchises respecting the
same; and
Exhibit 5
-1-
WHEREAS, GULF is the successor in interest to Wilshire
Oil Company, Inc., with respect to the rights and obligations
__of the grantee under said franchise; and
1983; and
WHEREAS, said franchise will expire on September 8,
WHEREAS, GULF has requested that the CITY renew said
franchise; and
WHEREAS, City Council of the City of Huntington Beach
has determined that a renewal of said franchise by the granting
of this Franchise Agreement would be consistent with the public
interest, convenience and necessity;
NOW, THEREFORE, the CITY and GULF agree as follows:
1. Grant. The CITY hereby grants to GULF, for a
term commencing on the Effective Date and continuing through
December 18, 2005, subject, however, to all limitations,
restrictions and conditions set forth herein and/or
incorporated herein by specific reference, the right, privilege
and franchise to lay, construct, maintain, operate, renew,
repair, change the size of, remove or abandon in place one or
more existing pipes and pipelines for the collection,
transportation or distribution of oil, gas, gasoline,
petroleum, wet gas and hydrocarbon substances, together with
all manholes, valves, appurtenances and service connections
necessary or convenient for the operation of said pipes or
pipelines including conduits, cathodic protection devices,
Exh ib it 5
-2-
wires, cables and other appurtenances necessary or convenient
for the exercise of GULF's business, in, under and along
._-certain streets, roads, highways, alleys, lanes and other
public ways within the City of Huntington Beach as herein
designated or as may subsequently be authorized pursuant to
Section 3.44.330 of the Huntington Beach Municipal Code.
2. Application Of Grant. This Franchise Agreement
shall apply to that portion of GULF's pipeline system within
the territorial limits of the City of Huntington Beach in
existence on the Effective Date and constructed and operated
pursuant to the franchise granted by the Board of Supervisors
of the County of Orange by Ordinance No. 315, including, but
not limited to, the pipelines running from GULF's receiving and
storage facilities located at the intersection of Newland
Street and Hamilton Street northerly along Newland Street to
Adams Street, thence westerly along Adams Street to Huntington
Avenue, thence northerly along Huntington Avenue to Clay Avenue
(Summit Avenue), thence westerly along Clay Avenue to Golden
West Avenue, and thence along Golden West Avenue in both a
northerly direction to the northernmost limits of the City of
Huntington Beach and southerly along Golden West Avenue to
Ocean Avenue (Pacific Coast Highway).
3. Incorporation Of Pipeline Franchise Ordinance,
Definitions And Supremacy Of Franchise Agreement. This
Franchise Agreement is granted upon and subject to.the rules,
Exhibit 5
-3-
t
regulations, restrictions, terms and conditions of the CITY's
existing "Pipeline Franchise Ordinance" as set forth in
._Chapter 3.44 of the Huntington Beach Municipal Code, a copy of
which is attached hereto as Exhibit "I" and incorporated herein
by this reference, except to the extent the same may be
inconsistent with any of the express provisions of this
Franchise Agreement. In the event of any inconsistencies, the
provisions hereof shall prevail. All references in this
Franchise Agreement to specific sections of the Huntington
Beach Municipal Code are references to those sections as they
now exist and are reflected in said Exhibit "I". The words and
phrases in this Franchise Agreement shall have the identical
meaning as provided in Section 3.44.040 of the Huntington Beach
Municipal Code.
4. Compensation To City. GULF shall pay the
following fees to the CITY with respect to the rights and
privileges granted to GULF hereunder:
4.1 Base granting fee. GULF shall pay the CITY
the sum of five thousand dollars (35,000) as a one-time
base granting fee within thirty (30) days following the
Effective Date.
4.2 Base annual fee and adjustments. A base
annual fee shall be paid within sixty (60) days after the
end of each calendar year during the term of this Franchise
Agreement, including 1983, in the amount of twelve cents
($.12) per lineal foot of pipe for all pipelines with an
Exhibit 5
-4-
internal diameter of eight (8) inches or less and an
additional two cents ($.02) per inch of, internal diameter
per foot of pipe for each inch or portion thereof in excess
of eight (8) inches. In determining the number of feet of
pipeline upon which the annual fee will be computed, the
greatest number of feet of pipeline covered by this
Franchise Agreement during the calendar year for which
payment is due'will be utilized. If the base annual fee is
not paid within seventy-five (75) days following the end of
any calendar year during the term hereof, a penalty shall
be assessed at the rate of ten percent (10%) per month or
fraction thereof beyond the payment date; provided,
however, that in no event shall said penalty exceed the
rate of fifty percent (50%). Said base annual fee shall be
subject to annual adjustment pursuant to Section 3.44.290
of the Huntington Beach Municipal Code. Furthermore, said
base annual fee shall be subject to proration pursuant to
Section 3.44.300 of the Huntington Beach Municipal Code.
4.3 Base construction charges. GULF shall pay
at the time of installation, relocation or replacement of
any pipeline or other facility covered by this Franchise
Agreement, a base construction charge of one thousand five
hundred dollars ($1,500) for each one-half mile of pipeline
or fractional part thereof installed, replaced or relocated
on major streets and one thousand dollars ($1,000) per
one-half mile or fractional part thereof on minor streets.
Exhibit 5
-5-
5. Consent To Assignment. Notwithstanding any
contrary provisions contained in Section 3.-44.210 of the
._Huntington Beach Municipal Code, the CITY agrees that it will
not withhold consent to.a full and complete transfer and
assignment of GULF's rights, privileges and obligations
hereunder to a responsible transferee, and that the CITY will
not condition the granting of such consent upon the imposition
of.any additional terms and conditions to this Franchise
Agreement. Upon consent to such assignment and transfer, GULF
shall be relieved from all obligations and liabilities accruing
hereunder subsequent to the date of such assignment and
transfer.
6. Force Majeure. The obligations of any party
hereunder, other than the obligation to pay money, shall be
suspended for so long as such party is unable, in whole or in
part, to carry out its obligations under this Franchise
Agreement by reason of an act of God, strike, walkout or other
industrial disturbance, act of the public enemy, war, blockade,
public riot, lightning, fire, storm, flood, explosion,
governmental action, governmental delay, restraint or inaction,
the unavailability of equipment or materials, or any other
cause, whether similar or dissimilar to the types specifically
enumerated above, which is beyond the reasonable control of the
party claiming the right to suspend its obligations. Such
affected party shall provide prompt written notice to the other
Exhibit 5
- 6-
of the details of the "force majeure," and shall use all
reasonable diligence to remove, eliminate or otherwise minimize
,,,-._the force majeure situation as quickly as is practicable.
Nothing herein contained shall require a party to settle a
labor dispute contrary to the wishes of such party.
7. Surrender. GULF shall have the right to
surrender its rights under this Agreement and be relieved of
the obligation to pay the base annual fee herein provided for
at any time after the Effective Date hereof by filing written
notice of its intention to surrender said right with the City
Clerk of the CITY; provided, however, that GULF shall comply
with the provisions of the existing "Pipeline Franchise
Ordinance" relating to removal or abandonment of facilities.
8. Entire Agreement. This Franchise Agreement
contains the entire agreement of the parties and supersedes any
prior understandings or agreements between GULF and the CITY -
Exhibit 5
-7-
with respect to the matters addressed in this Franchise
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Franchise Agreement on the date which is set forth
opposite their respective signatures.
DATED:
DATED:
APPROVED AS TO FORM:
City Attorney
DATED:
CITY OF HUNTINGTON BEACH
a municipal corporation
By
mayor
Attest:
By
City Clerk
REVIEWED AND APPROVED:
By
City Administrator
INITIATED AND APPROVED:
By
Director of Public Works
GULF OIL CORPORATION
By
Exhibit 5
-8-
GULF OIL CORPORATION
RESOLVED, That the Chairman of the Board, the President, any Executive
Vice President, any Senior Vice President, or any Vice President of this Corpora-
tion be, and each of them is hereby, respectively authorized and directed, from
time to time, to execute in the name and behalf of this Corporation and, when
required or necessary, under its corporate seal, duly attested by the Secretary
or an Assistant Secretary, all such deeds, assignments, and conveyances of real
or personal property and all such contracts, mortgages, agreements, guarantees,
bonds, affidavits and other instruments as may be incident to and necessary or
advisable in the sole discretion of the officer executing said instruments, in
the operation of this Corporation's business, and likewise to execute in the name
of this Corporation and under its corporate seal all such bonds and assurances as
may be required for the due and faithful performance of each and every such con-
tract, agreement or other instrument entered into in the name of the Corporation.
This authority shall continue until revoked and shall have the same force and
effect as though special authority were granted to the officers of this Corpora-
tion to execute each such deed, assignment, contract, mortgage, agreement, guar-
antee, bond, affidavit or other instrument separately, for each and every such
deed, assignment, contract, mortgage, agreement, guarantee, bond, affidavit or
other instrument so entered into.
I, JOSEPH W. REISLER, Assistant Secretary of GULF OIL CORPORATION, do
hereby certify that the above and foregoing is a full, true and correct copy of
Resolution adopted by the Board of Directors of said GULF OIL CORPORATION, at a
Meeting held at Pittsburgh, Pennsylvania, March 13, 1973, at which Meeting a
quorum of the Directors was present, as the same appears of record in the Minute
Books of said GULF OIL CORPORATION.
I further certify that said Resolution has not been revoked and remains
in full force and effect.
I further certify .that W. P. MOYLES is a duly elected and acting Vice
President of said GULF OIL CORPORATION
In Witness Whereof, I have hereunto set my hand and affixed the seal of
said GULF OIL CORPORATION, at Pittsburgh, Pennsylvania, United States of America,
this 31st day of March, 1983.
ssistant Secretary
UNITED STATES OF AMERICA
COMMONWEALTH OF PENNSYLVANIA SS
COUNTY OF ALLEGHENY
On this the 31st day of March, 1983, before me, the undersigned
officer, personally appeared JOSEPH W. REISLER, who acknowledged himself to be an
Assistant Secretary of GULF OIL CORPORATION, a Pennsylvania corporation, and that
he as such Assistant Secretary, being authorized to do so, executed the foregoing
instrument for the purposes therein contained.
In Witness Whereof, I have hereunto set my hand and official seal at
Pittsburgh, Pennsylvania, United States of America.
} Notary Public
N`DTARY PUBLIC
PITTSBURG ";_[.Ei3HEINY DOUNTY
MY COMMISSION EXPIRES NIAY 13, 1935
Member, Pennsylvania Association o; Notaries
his ,ns`'ur.:I .::zC4fc1°'d a:' the request
of C',uif G:i Cor,ji :rcjt Nhsn recorded
please rcta::I to GUir .1i1 C:crporotion.
P. 0. 5,, 54Jr�.4 icrniinal Annex.
Los Angeles, Cc lif o CtIR r90
054.
Attu^tions Mr.
P
ACC -1[ -?D; i-xl IL
% ' M
IOFFI I R COROS
R pt4rNTY
cx
Wu.
r
° ®9903®8 A� B XTA.
Recordees Ottice:
cE
�3
Gulf Oil Corporation, a corporation duly organized and a
existing under the laws of the Commonwealth of Pennsylvania,
acting through Gulf Oil Company - U.S., a Division of Gulf Oil
Corporation, does hereby make, constitute and appoint J. R.
KEMPLE its true and lawful Attorney in Fact, and he is hereby
authorized and directed for and in its name, place and stead
from time to time to do and perform such acts and to execute
in the name and behalf of this corporation all such deeds,
assignments and conveyances of real or personal property and
all such contracts, mortgages, and other instruments as may be
incident to and necessary or advisable, in the sole discretion
of said Attorney in Fact, in the operation of this corporation's
business, and to likewise execute in the name of this corporation
all such bonds and assurances as may be required for the due and
faithful performance of each and every such contract, agreement
or other instrument entered into in the name of the corporation.
The Power of Attorney herein granted shall continue until revoked,
and it shall have the same force and effect as though special
authority were granted to said J. R. KEMPLE to do each such act
and to execute each such contract or bond or other instrument
separately for each and every act so done or contract or bond
or instrument so entered into.
EXECUTED at Houston, Texas, this�- / day of (Qte!tc;;
1977. U
POWER OF ATTORNEY
ATTEST: GULF IL CORPORATION
By
s istant Secretary W. Balclin, President C1C
J F Gulf Oil Company - U.S.,,a
l Division of Gulf Oil Corporation
THE STATE OF TEXAS X
COUNTY OF HARRIS X
On the LLLday of-�1�'����< , 1977, before me came R. W.
BALDWIN, to me known, who, being by me duly sworn, did depose and
say that he resides in Houston, Harris County, Texas; that he is
the President of Gulf Oil Company - U.S., a Division of Gulf Oil
Corporation, the corporation described in and which executed the
foregoing instrument; that he is authorized by resolution of the
Board of Directors of Gulf Oil Corporation to execute and revoke
Powers of Attorney; that he knows the seal of said corporation,
that the seal affixed to said instrument is such corporate seal and
that it was so affixed by authority of the Board of Directors of
said corporation; and that he signed his name thereto pursuant to
the aforementioned authority granted him by Gulf Oil Corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
1977.
Notary c in f nd ox
HarriAj ounty, Texas'
M Commission Expires:
'7
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WILSHIRE OIL COMPANY OF CALIFORNIA
ENGINEERING DEPARTMENT N RJJAI-K. CbLLIF
PIPELINE EASEMENT NEAR
OCEAN AND HAMPSHIRE AVES.
OR AWN DRAWING
CITY. OF HUNTINGTON GAL :4-8 C9 (9 DATE
�' RECOROEp IN OFFICIAL R
OF LIDS ANaE:6 aittll9
kREET . — MIN A �CO+UNIY, CA
POWER OF ATTORNEY Recorder'sOfflce
GULF OIL CORPORATION, a corporation duly organized and
existing under the laws of the Commonwealth of Pennsylvania,
acting through Gulf Oil Company - U. S., a Division of Gulf
Oil Corporation, does hereby make, constitute and appoint
E. E. SCHOEBERLEIN its true and lawful Attorney in Fact, and
he is hereby authorized and directed for and in its name,
place and stead, from time to time, to do and perform such
acts and to execute and deliver in the name and under the seal
of the Corporation, and for and on its behalf, all such con-
tracts, agreements, bonds, affidavits and other instruments as
may be incident and necessary in the operation of the Corpora-
tion's Santa Fe Springs Re Hnery and likewise to execute in
the name and under the seal of the Corporation all such bonds
and assurances as may be required for the due and faithful
performance of each and every contract, agreement or other
instrument entered into in the name of the Corporation. The
Power of Attorney herein granted shall continue until revoked,
and it shall have the same force and effect as though special
authority was granted to said E. E. SCHOEBERLEIN to do each
such act and to execute each such contract or bond or other
instrument separately for each and every such act so done or
contract or bond or instrument so entered into.
Executed at Los Angeles, California, this 21st day of
August, 1980.
tppV[D fpr•�
t �
GULF OIL CORPORATION i4b c[aY.
:einple, Vice President
if 0'1 Company - U. S., a
Division of Gulf Oil Corporation
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
On this 1,� day of August, 1980, before me, a Notary
Public in and or said State, personally appeared J. R. KEMPLE,
known to me to be the person who executed the within instrument
on behalf of the corporation therein named, and acknowledged to
me that such corporation executed the within instrument pursuant
to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal. .
- oxw �) I dw���
Notary Public in and for said
County and State
OFFICIAL. SEAL.
hh' CAROL W. BEARMORE
• NOTARY PUBL _ CAUTORNIA
PRINCIPAL OifICE IN
LOS ANGELES COUNTY
Y Commission Erplres June ), 1981
I
ahb
3/31/83
ORDINANCE NO. 2615
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
GRANTING TO GULF OIL CORPORATION, A PENNSYLVANIA
CORPORATION, A FRANCHISE TO LAY, CONSTRUCT,
MAINTAIN, OPERATE, RENEW, REPAIR,. ALTER, RE-
MOVE OR ABANDON IN PLACE ONE OR MORE EXISTING
PIPES AND PIPELINES FOR THE COLLECTION, TRANS-
PORTATION OR DISTRIBUTION OF HYDROCARBON SUB-
STANCES IN THE CITY OF HUNTINGTON BEACH
WHEREAS, Huntington Beach Charter section 615 provides
that franchises shall be granted by adoption of an ordinance; and
Gulf Oil Corporation, a Pennsylvania corporation, has re-
quested renewal of a franchise to lay, construct, maintain,
operate, renew, repair, alter, remove or abandon in place one
or more existing pipes and pipelines for the collection, trans-
portation or distribution of hydrocarbon substances in the city;
and
The City of Huntington Beach has entered into a franchise
agreement with Gulf Oil Company,
NOW, THEREFORE, the City Council of the City of Huntington
Beach does ordain as follows
SECTION 1. The franchise sought by Gulf Oil Corporation,.
a Pennsylvania corporation, is hereby granted subject to the
terms and conditions set forth in the Franchise Agreement, a
copy of which is attached hereto, marked Exhibit A, and by this
reference made a part hereof as though set out in full herein.
SECTION 2. This ordinance shall become effective thirty
days after its adoption..
PASSED AND ADOPTED by the City Council of the City of
Huntington.Beach at a regular meeting thereof held on the 18th
1.
1
day of April 1983.
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk City Attorney
REVIEWED AND APPROVED: I TIATED AND APPROVED:
7
City Administrato Director of Public Works
2.
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT is entered into by and
between the City of Huntington Beach, a municipal corporation
established and existing under.and pursuant to the laws of the
State of California (hereinafter the "CITY"), and Gulf Oil
Corporation, a Pennsylvania corporation (hereinafter "GULF"),
effective as of September 8, 1983 (the "Effective Date"),
pursuant to the CITY's "Pipeline Franchise Ordinance" as set.
forth in Chapter 3.44 of the Huntington Beach Municipal.Code
(Sections 3.44.010,. et seq.).
RECITALS
WHEREAS, by Ordinance No. 315, the Board of
Supervisors of the County of Orange granted to Wilshire Oil
Company, Inc., GULF's predecessor in interest, a franchise for
the construction, operation and maintenance of a pipeline
i
system for the transportation of oil, gas and other hydrocarbon
substances; and
WHEREAS, the CITY has succeeded.to the rights and
I
benefits of the County of Orange under said franchise with
respect to that.portion of the pipeline system located within
.the territorial limits of the City of Huntington Beach and now
has jurisdiction for authorizing franchises respecting the
i
same; and
EXHIBIT.... �.._...
I
f
i
WHEREAS, GULF is the successor in interest to Wilshire
Oil Company, Inc., with respect to the rights and obligations
'I
of the grantee under said franchise; and
WHEREAS, said franchise will expire on September 81
1983; and
r
WHEREAS, GULF has requested that the CITY renew said
franchise; and
WHEREAS, City Council of the City of Huntington Beach
I' has determined that a renewal of said franchise by the granting
of this Franchise Agreement would be consistent with the public
interest, convenience and necessity;
NOW, -THEREFORE, the CITY and GULF agree as follows:
1. Grant. The CITY hereby grants to GULF, for a
term commencing on the Effective Date and continuing through
December 18, 2005, subject, however, to.all.limitations,
restrictions and conditions set forth herein.and/or
incorporated herein by specific reference, the right, privilege
and franchise to lay, construct, maintain, operate, renew,
repair, change the size of, remove or abandon in place one or
more existing pipes and pipelines for the collection,
transportation or distribution of oil, gas, gasoline,
petroleum, wet gas and hydrocarbon substances, together with
all manholes, valves, appurtenances and service connections
necessary or convenient for the operation of said pipes or
pipelines including conduits, cathodic protection devices,
-7-
t
wires, cables and other appurtenances necessary or convenient
for the exercise of GULF's business, in, under and along
._certain streets, roads, highways, alleys, lanes and. other
public ways within the City of Huntington Beach as herein
designated or as may subsequently be authorized pursuant to
Section 3.44.330 of the Huntington Beach Municipal Code.
2. Application Of Grant. This Franchise Agreement
shall apply to that portion of GULF's pipeline system within
the territorial limits of the City of Huntington Beach in
existence on the Effective Date and constructed and,operated
pursuant to the franchise granted by the Board of Supervisors
of the County of Orange by Ordinance No. ,315, including, but
not limited to, the pipelines running from GULF's receiving and
storage facilities located at the intersection of Newland
Street and Hamilton Street northerly along Newland Street to
Adams Street, thence westerly along Adams Street to Huntington
Avenue, thence northerly along Huntington Avenue to Clay Avenue.
(Summit Avenue), thence westerly along Clay Avenue to Golden
West Avenue, and thence along Golden West Avenue in both a
northerly direction to the.northernmost limits of the City of
Huntington Beach and southerly along Golden West avenue to
Ocean Avenue (Pacific Coast Highway).
3. Incorporation Of Pipeline Franchise Ordinance_,
Definitions And Supremacy Of Franchise -Agreement. This
Franchise Agreement is granted upon and subject to the rules,
-I-
i
regulations, restrictions, terms and conditions of the CITY's
existing "Pipeline Franchise Ordinance" asset forth in
.._Chapter 3.44 of the Huntington Beach Municipal Code, a copy of
which is attached hereto as Exhibit "I" and incorporated herein
by this reference, except to the extent the same may be
inconsistent with any of the express provisions of this
Franchise Agreement. In.the event of any inconsistencies, the
provisions hereof shall prevail.. All references in this
Franchise Agreement to specific sections of the.Huntington
Beach Municipal Code are references to those sections as they
f
now exist and are reflected in said Exhibit "I". The words and
phrases in this Franchise Agreement shall have the identical
meaning as provided in Section 3.44.040 of the Huntington Beach
Municipal .Code.
4. Compensation To City. GULF shall pay the
following fees to the CITY with respect to the rights and
privileges granted to GULF hereunder:
4.1 Base -granting fee. GULF shall pay the CITY
the sum of five thousand.dollars ($5,000) as a one-time
base granting fee within thirty (30) days following the
Effective Date.
4.2 Base annual fee and adjustments. A base
annual fee shall be paid within sixty (60) days after the
end of each calendar year during the term of this Franchise
Agreement, including 1983, in the amount of twelve cents
($.12) per lineal foot of pipe for all pipelines with an
-4-
Ll
E
internal diameter of eight (8) inches or less and an
additional two cents ($ .02) per inch of. -internal diameter
per foot of pipe for each inch or portion thereof in excess
of eight (8) inches In determining the number of feet of
pipeline upon which the annual fee will be computed, the
greatest number of feet of pipeline covered by this
Franchise Agreement during the calendar year for which
payment is due will be utilized. If the base annual fee is
not paid within seventy-five (75) days following the end of
any calendar year during the term hereof, a penalty shall
be assessed at the rate of ten percent (10%) per month or
fraction thereof beyond the payment date; provided,
however, that in no event shall said penalty exceed the
rate of fifty percent (50%). Said base annual fee shall be
subject to annual adjustment pursuant to Section 3.44.290
of the Huntington Beach Municipal Code. Furthermore, said
base annual fee shall be subject to proration pursuant to.
Section 3.44.300 of the Huntington Beach Municipal Code.
4.3 Base construction charges. GULF shall pay
at the time of installation, relocation or replacement of
any pipeline or other facility covered by this Franchise
Agreement, a base construction charge of one thousand five.
hundred dollars ($1,500) for each one-half mile of pipeline
or fractional part thereof installed, replaced or relocated
on major streets and one thousand dollars ($1.,000) per
one-half mile or fractional part thereof on minor streets.
i
I
j
5. Consent To Assignment. Notwithstanding any
contrary provisions contained in Section 3•.44.210 of the
__.Huntington Beach Municipal Code, the CITY agrees that it will
not withhold consent to a full and complete transfer and
assignment of GULF's rights, privileges and obligations
hereunder to a responsible transferee, and that the CITY will
not condition the granting of such consent upon the imposition
of any additional terms and conditions to this Franchise
Agreement. Upon consent to such assignment and transfer, GULF
shall be relieved from all obligations and liabilities accruing
hereunder subsequent to the date of such assignment and
transfer.
6. Force Majeure. The obligations of any.party
hereunder, other than the obligation to pay money, shall be
suspended for so long as such party is unable, in whole or in
i
part, to carry out its obligations.und er this Franchise
Agreement by reason of an act of God, strike, walkout or other
I
industrial disturbance, act of the public enemy, war, blockade,
public riot, lightning, fire, storm, flood, explosion,
governmental action► governmental delay, restraint or inaction,
the unavailability of equipment or materials, or any other
cause, whether similar or dissimilar to the types specifically
enumerated above, which is beyond the reasonable control of the
party claiming the right to suspend its obligations. Such
affected party shall provide prompt written notice to the other
_So
j
n
Q
of the details of the "force majeure," and shall use all
reasonable diligence to remove, eliminate or otherwise minimize
,the force majeure situation as quickly as is practicable.
Nothing herein contained shall require a party to settle a
labor dispute contrary to the wishes of such party.
7. Surrender. GULF shall have the right to
surrender its rights under this Agreement and be relieved of
the obligation to pay the base annual fee herein provided for
at any time after the Effective Date hereof by filing written
notice of its intention to surrender said right with the City
Clerk of the CITY; provided, however, that GULF shall comply
with the provisions of the existing "Pipeline Franchise
Ordinance" relating to removal or abandonment of facilities.
8. Entire Agreement. This Franchise Agreement
contains the entire agreement of the parties and supersedes any
prior understandings or agreements between GULF and the CITY
�a
with respect to the matters addressed in this Franchise
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Franchise Agreement on the date which is set forth
opposite their respective signatures.
DATED:
DATED:
APPROVED AS TO FORM:
B y_
City Attorney
DATED: March 31, 1983
CITY OF HUNTINGTON BEACH
a municipal corporation
By
Mayor
Attest:
By
City Clerk
REVIEWED ND APPROVED:
y
City Ad nist ator
INIT A AP E
B y
Dire for of Public Work s
GULF'OIL CORPORATION
By
W. P. O 1es
Vice-P sident
-8-
Chapter 3.44
PIPELINE FRANCHISES
Sections:
I. GENERAL PROVISIONS AND DEFINITIONS
3.44.010 Short title.
3.44,020 General provisions.
3.44.030 Pole lines.
3.44.040 Definitions.
3.44.050 Term.
3.44.060 Franchise agreement.
3.44.070 Nonexclusive franchise.
3.44.080 Maps.
3.44.090 Insurance.
3.44.100 Liability insurance.
3.44.110 Workers' compensation insurance.
3.44.120 Workers' compensation insurance. —Filing.
3.44.130 Faithful performance bond.
3.44.140 Alternate security.
3.44.150 Length.
3,44.160 Forfeiture.
3.44.170 Value of franchise.
3-.44.180 State highways.
3.44.190 Eminent domain.
3.44.200 Publication costs.
3.44.210 Assignment.
3.44.220 Hold harmless.
3.44.230 Standards.
3.44.240 Defective facilities.
3.44.250 Hazardous substances.
II. COMPENSATION
3.44.260 Base granting fee.
3.44.270 Base annual fee.
3.44.280 Base construction charges.
3.44.290 Adjustments --Base annual fee.,
3.44.300 Proration of payments.
3.44.310 Records.
III. CONSTRUCTION
3.44.320 Construction requirements.
3.44.330 New installation or replacement.
3.44.340 Permits.
3.44.350 Work on and restoration of streets.
3.44.360 Failure to timely comply.
3.44.370 Completion statement.
3.44.380 Appurtenances.
3.44.390 Ordinary repair.
3.44.400 Breaks or leaks.
3.44.410 Emergency equipment.
78-5
3.44.040
(c) "Department" shall mean the public works department of
the city of Huntington Beach.
(d) "Director".shall mean public works director of the city
of Huntington Beach.
(e) "Franchisee" or "grantee" shall mean the person to whom
the franchise is granted, and any person to whom it is lawfully
assigned.
(f) "Facilities" or "appurtenances" shall mean all property
of the franchisee, including, but not limited to, pipelines, pump
stations, and service connection with the franchisee's facilities,
whether installed by the franchisee or not, erected, constructed,.
laid, operated or maintained in, upon, over, under, along or across
any street pursuant to any right or privilege granted by the
franchise.
(g) "Franchise payment period" shall mean the time period
between the effective date of the franchise agreement granting the
franchise and December 31 of the same year, and each calendar year
thereafter, during the life of the franchise.
(h) "Franchise report period" in all cases. shall mean the
time period between the effective date of the franchise agreement
granting the franchise through and including December 31 of that
year, and each calendar year thereafter, during the life of the
franchise.
(i) "Highway" or "street" shall mean any public highway,
freeway (except a state freeway), street, road, alley, lane or
court or other public easement, and above and below the same,
which now exists or which may hereafter exist in the city of
Huntington Beach.
Q) "Main" shall mean any pipeline or conduit laid in, along,
or. approximately parallel with any street for the collection, trans--
mission.or distribution of any hydrocarbon substances.
(k) "Major street" shall mean any street or portion thereof
designated as a major secondary highway in the circulation element
of the Huntington Beach General Plan.
(1) "Minor street" shall mean all streets in the city other
than those designated as "major" or "secondary highways" in the
circulation element of the Huntington Beach General Plan.
(m) "Person" shall mean any individual, person, firm, partner-
ship or corporation.
78-7
3.44.110-- 3•44.120
(b) Provide a.combined single limit liability insurance in
the amount of one million dollars ($1,000,000).
(c) Be noncancellable without thirty (30) days written`
notice thereof directed to council. (Ord. 2319, 5 Oct 18)
3.44.110 Workers' compensation insurance.. The. policy of
workers',compensation insurance, required by this chapter, shall:
(a) Have been previously approved as to substance and form
by the California insurance commissioner.
(b) Cover all employees of franchisee who in the course
and scope of their employment are to conduct or do work pursuant
to the franchise operations.
(c) Provide for every benefit and payment presently or
hereinafter conferred by Division 4 of the Labor Code of the state
of California upon an injured employee, including the vocational
rehabilitation and death benefits.
(d) Be noncancellable without thirty (30) days' written
notice thereof directed to council. (Ord. 2319, 5 Oct 78)
3.44.120 Workers' compensation insurance --Filing. Franchisee
shall file with the city clerk prior to commencement of any fran-
chise operations either certified copies of said policies or A
certificate of insurance for each of the required policies executed
by the company issuing the policy, certifying that the policy is
in force and providing the following information.
(a) The policy number.
(b) The date upon which the policy will become effective
and the date upon which it will expire.
(c) The names of the insured and any additional insureds.
(d) Subject of the insurance.
(e) The type of coverage provided by the insurance.
(f) Amount of limit of coverage provided by the insurance.
(g) A description of all endorsements that form a part of
the policy.
(h) The insured shall agree to defend, indemnify and hold
harmless the city of Huntington Beach against loss, damage or
expense by reason of any suits, claims, demands, judgments caused
by insured in the performance of the franchise.
Any franchise operations shall not commence until fran-
chisee has complied with the aforementioned provisions of this
section, and any such operations shall be suspended during any
3.44.180--3.44.220
thereof, stipulates and agrees that in any proceeding for the pur-
pose of adjusting the rates of the grantee, no greater value shall
be placed upon the franchise than the actual cash paid therefor
by the grantee. (Ord. 2319, 5 Oct 78)
3.44.180 State highways. If any street or portion thereof
becomes a state highway, except for the right to continue to collect
franchise payments and such otherrights as by law remain with.the
city, the state shall succeed to all rights reserved to the city
by the franchise. (Ord. 2319, 5 Oct 78)
3.44.190 Eminent domain. No franchise granted by the city
shall in any way impair or affect the right of the city or any
successor in authority to acquire the property of the grantee by
purchase or condemnation, and nothing contained in such a fran-
chise shall be construed to contract away, modify or abridge either
for a term or in perpetuity the city's right of eminent domain in
respect to any public utility. (Ord. 2319, 5 Oct 78)
3.44.200 Publication costs. The grantee shall pay to the
city within thirty 30 days after receiving a statement therefor,
all advertising and publishing costs, including the cost of pub-
lishing the granting of the franchise, if necessary. (Ord. 2319,
5 Oct 78)
3.44.210 Assignment. The grantee shall not sell, transfer,
assign or lease the franchise or any part thereof, except with the
written approval of the council. Such sale, transfer, assignment,
or lease shall be made only by filing with the council a copy of
the duly executed instrument of such sale, transfer, assignment or
lease and a written request for the consent of the council to such
sale, transfer, assignment or lease. If such duly executed instru-
ment and such written request is not filed with the council before
the expiration of thirty (30) days after the effective date of
such sale, transfer, assignment or lease, then, upon the expira-
tion of said thirty (30) days, the franchise shall be subject to
forfeiture and the council may, without notice, revoke the fran-
chise. As a condition to the granting of consent to such sale,
transfer, assignment or lease, the council may impose such addi-
tional terms and conditions upon the franchisee and upo,i the
grantee or assignee, which the council may deem to be in the
.public interest. Such additional terms and conditions shall be
expressed by council resolution. Nothing herein contained shall
be construed to grant to the grantee the right to sell, transfer,
assign or lease the franchise, or any part thereof, except in the
manner aforesaid. This section applies to any assignment, whether
by operation of law, by a voluntary act of the grantee or otherwise.
(Ord. 2319, 5 Oct 78)
3.44.220 Hold harmless. The grantee shall be responsible to
the city and shall defend, indemnify and hold harmless the city and
its officers and employees from all damages or liability arising
from the use, operation or possession of the franchise, and from
78-11
3.44.270--3.44.290
five thousand dollars ($5,000) for pipelines with a total length
of 1/4 mile or more or five hundred dollars ($500) for pipelines
with a total length of less than 1/4 mile shall be paid within
thirty (30) days after the execution of the franchise agreement.
If at any time following the grant of a franchise, additional
pipeline is`added which will result in a total length of pipeline
of 1/4 mile or more, the 'five thousand dollar ($5,000) granting
fee shall be required at the time said footage is added. .(Ord.
2319, 5 Oct 78)
3.44.270 Base annual fee. A base annual fee shall be paid
within sixty 0 days after the end of each calendar year and
during the life of the franchise for each and every year, includ-
ing the year of granting the franchise, according to the "fran-
chise payment period" as defined in this chapter, in the amount
of 12. cents ($.12) per lineal foot of pipe for pipelines with an
internal diameter of 8 inches or less and an additional 2 cents
($.02) per inch of internal diameter per foot of pipe for each
inch or portion thereof in excess of 8 inches. In determining
the number of feet of pipeline upon which the annual fee will be
computed, the greatest number of feet of pipeline covered by the
franchise during the calendar year for which payment is due will
be utilized. The base annual fee shall be paid no later than
seventy-five (75) days following the end of the calendar year
and a penalty at the rate of ten percent (10%) per month or
fraction thereof beyond the payment date shall be charged, but
in no event shall said penalty exceed fifty percent (50%).
The city reserves the right to adjust the base fees, as
established in sections 3.44.260 and 3.44.270, at any time after
the effective date of the franchise agreement granting a franchise.
(Ord. 2319, 5 Oct 78)
3.44.280 Base construction charges. The holder of the.fran-
chise shall pay at the time of installation, relocation, or
replacement of any pipeline or other facility covered by the
franchise, a base construction charge of one thousand five hundred
dollars ($1,500) for each 1/2 mile of pipeline or fractional part
thereof installed, replaced or relocated on major streets and
one thousand dollars ($1,000) per 1/2 mile or fractional part
thereof, on minor streets. The city reserves the right to change
the base fees established hereunder at any time after the effec-
tive date of the franchise agreement. (Ord. 2319, 5 Oct 78)
3.44.290 Adjustments --Base annual fee. The amount of each
annual payment of the base annual fee shall be revised every year
from the effective date of the franchise agreement at the time of
payment, in accordance with the following formula:
(a) The "Wholesale 'Producer' Price" index (1967=100) "All
Commodities", established by the United States Bureau of Labor
Statistics, Department of Labor, as it stands on the date the
franchise is granted, shall be taken as the "base index" upon
which the above franchise fee is computed.
78-13
3.44.320--3.44.350
IIL. CONSTRUCTION
3.44.320
Construction requirements. Pipelines
and
appur-
tenances shall
be constructed and maintained
in a good workman-
like manner in
conformity with the terms and
conditions
of any
city ordinance,
rule or regulation now, or as
hereafter
amended,
adopted or prescribed
by the city. A11 pipes
laid under
the
franchise shall
be of first class material.
(Ord. 2319,
'5 Oct 78)
3.44.330 New installation or replacement New installations
or replacements of pipelines and appurtenances and all other
facilities necessary for the installation, operation, maintenance,
and safety of pipelines and conduits shall be laid and maintained
only pursuant to permit issued by the department. All such instal-
lations or replacements shall be reviewed by the director as to
the most desirable location in the streets of the city and his
decision shall be final and binding on the franchisee. (Ord. 2319,
5 Oct 78)
3.44.340 Permits. Where the provisions of any city ordi-
nance, resolution or regulation, which shall be in force at that
time, require the issuance of an excavation, encroachment or
other type of permit, the franchisee shall not commence any
excavation or encroachment work under the franchise until it
shall have obtained such permit from the department except in
cases of emergency affecting public health, safety or welfare
or the preservation of life or property, in which case the fran-
chisee shall apply for such permit not later than the next busi-
ness day.
The application of the franchisee for such permit shall
show the following facts: the length and proposed location of
the pipeline and/or appurtenance intended to be used, and such
other facts as the department may require. The franchisee shall
pay any and all permit inspection fees to the department. (Ord.
2319, 5 Oct 78)
3.44.350 Work on and restoration of streets. The work of
constructing, laying, replacing, maintaining, repairing or remov-
ing all pipelines and appurtenances authorized under the provisions
of this chapter in, over, under, along or across any street shall
be conducted with the least possible hindrance to the use of the
street for purposes of. travel. As soon as such work is completed,
all portions of the street which have been excavated or otherwise
damaged thereby shall promptly and in a workmanlike manner be
repaired, replaced or restored and placed in as good condition
as before the commencement of such work.and shall be done to the
satisfaction of the director at the expense of the franchisee,
and in accordance with the terms and conditions of any city
ordinance, resolution or regulation.
78-15
3.44.390--3.44.420
3.44.390 Ordinary
repair. The franchisee shall be
privileged
to excavate in the road
or street for line repair for the
number
of days agreed upon by
the franchisee and the department;
provided,
however, that the franchisee
shall first obtain an excavation
per-
mit from the department
for the doing of any such work.
(Ord. 2319,
5 Oct 78)
3.44.400 Breaks or leaks. If any portion of the street
shall be damaged by reason of breaks or leaks in any pipe, con-
duit, or appurtenance constructed or maintained under the fran-
chise, the franchisee thereof shall, at its own expense, im-
mediately following written or oral notification thereof,
promptly repair any such damage and put such street in as good
condition as it was in before such damage or leak, all to the
satisfaction of the department. The franchisee shall obtain an
excavation permit from the department for the doing of any such
work. (Ord. 2319, 5 Oct 78)
3.44.410 Emergency equipment. At all times during the term
of this franchise, the franchisee shall maintain or arrange for,
on a twenty-four (24) hour a day basis adequate emergency equip-
ment and a properly trained emergency crew within a radius of
twenty-five (25) miles from any facilities installed or maintained
pursuant hereto for the purpose of shutting off the pressure and
the flow of contents of such facilities in the event of an emer-
gency resulting from an earthquake, act of war, civil disturbance,
fire, flood, or any other cause or nature whatsoever. (Ord. 2319,
5 Oct 78)
3.44.420 Removal or abandonment of facilities.
(a) At the expiration, revocation or termination of this
franchise or the permanent discontinuance of the use of all or
a portion of its facilities, the franchisee shall, within thirty
(30) days thereafter make written application to the city for
authority either; (1) to abandon all or a portion of such facili-
ties in place; or (2) to remove all or a portion of such facili-
ties. The director shall determine whether any abandonment or
removal which is thereby proposed may be effected without detri-
ment to the public interest and under what conditions such pro-
posed abandonment or removal may be safely effected. He shall
then notify the franchisee of his determinations.
(b) Within thirty (30) days after receipt of such notice,
the franchisee shall apply for a permit from the department to
abandon or remove the facility. Such permit is to contain the
conditions of abandonment or removal as may be prescribed by the
director.
The franchisee shall, within.ninety (90) days after obtaining
such permit commence and diligently prosecute to completion, the
work authorized by the permit. (Ord. 2319, 5 Oct 78)
78-17
3.44.460--3.44.500
3.44.460 Materials
used.
All pipelines used or to be used
for the transportation of
oil, gas, gasoline, petroleum, wet gas
and other hydrocarbon substances
shall be first class and standard
material as set forth by
current
American Petroleum Institute
pipeline specifications.
(Ord.
2319, 5 Oct 78)
3.44.470 Approvals. On all pipelines laid.pursuant to the
franchise, the director shall approve where flush -valve connec
tions shall be placed in the line. The availability of adequate
water supplies, the hydrocarbons transmitted in the line, and
the location of control valves shall be considered when making
such determination. Such flush -valve connections shall be in-
stalled in the manner prescribed by the director. (Ord. 2319,
5 Oct 78)
. 3.44.480 Reports. The franchisee during the life of the
franchise, within sixty (60) days after the expiration of each
franchise payment period, shall:
(a) File with the director two copies of a verified report
of the franchisee showing for the immediately preceding franchise
period, the length of lines in streets, the internal diameter of
such lines, the rate per foot per year and the total amount due
the city.
(b) File with the director a report in triplicate, showing
the permit number of each permit obtained for the installation
of new mains during the immediately preceding franchise payment
period, together with the length and size of said mains. On this
report the franchisee shall show any change in franchise footage
since the last franchise payment period segregating such footage
as to new mains laid, old mains removed, old mains abandoned in
place, and the footage of mains in territory annexed or incor-
porated since the last franchise payment period. (Ord. 2319,
5 Oct 78)
3.44.490 Payments due. Except for pipelines lawfully main-
tained other than by the authority granted by the franchise, the
annual payments shall accrue from the respective dates of instal-
lation, whether before or after the effective date of the fran-
chise agreement, and such payments, together with the initial con-
struction charges, if any, shall be due and payable annually.
(Ord. 2319, 5 Oct 78)
3.44.500 Cost of relocation. Franchisee shall bear the
costs of removing and relocating its facilities used and main-
tained under this franchise if made necessary by any lawful
change of grade, alignment or width of any public street, Iway,
dM alley or place, or for any public project, even if franchisee's
facilities are located on a private easement. (Ord. 2319,
5 Oct 78)
78-19
Ord. No. 2615
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. wENTWORTH, the duly elected, qualified City
Clerk of the City of Huntington Beach and ex-officio Clerk of the
City Council of the said City, do hereby certify that the whole number
of member$ of the City'Council of the City of Huntington Beach is seven;
that the foregoing ordinance was read.to said City Council at a regular
meeting thereof held on the 4th day of April
19 83, and was again read to said City Council at a regular
meeting thereof held on the. 18th day of April 19 83 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Kelly, MacAllister, Bailey, Mandic
NOES: ' Councilmen:
Thomas
ABSENT: Councilmen:
Pattinson, Finley
City Clerk and ex-officio.Clerk
of the City Council of the City
of Huntington Beach, California
I; Alicia M. Wentworth CITY CLERK of the City of
HuntirWan Beach and ex-officio Clerk of the City
Councii, do hereby certify that a syn•)nsis of this
Ordinance '.. *npn pu'ai_I.ed P": t►ie Huntington
Reach
in aete'uHrce W:th,te C-!:; C1"a!te. ai said City.
ALIC.IA M. WEN TW0RTH
City Clerk
...................' ...............,.........._....
Deputy City Clerk.
IN THE
Superior Court
OF THE
STATE OF CALIFORNIA
In and for the County of Orange
CITY OF HUNTINGTON BEACH:
CITY CLERK
PROOF OF PUBLICATION
ORDINANCE NO. 2615
State of California )
HUNTINGTON BEACH GRANTING TO
GULF OIL CORPORATION, A PENN
County of Orange )ss.
SYLVANIA CORPORATION, A FRAM-
J E A N N% E L. T H O M A S
CMSE TO` JAY, CONSTRUCT, `I'AII�
TAM, OPERATE, RENEW, BEPAHt
ANDON IN
ALTER, REMOVE OR ABPLACE
ONE MORE
That I am and at all times herein mentioned was a citizen of
PD?ES AND PH'F�d IIVPS FOR THE 1,
LEMON, TRANSPORTATION OR DIS
the United States, over the age of twenty-one years, and that I
TRIBUTION OF HYDROCARBON SUB -
am not a party to, nor interested in the above entitled matter;
STANCES IN . THE CITY OF
HUNTINt BQ O y�� n file in
that I am the principal clerk of the printer of the
a Ci rks;s
HUNTINGTON BEACH IND. REVIEW
SYNOPSM . •._
ati a Brenta to Gulf OR
I Corporation, a Penasylavania Corpore-
a newspaper of general circulation, published in the City of
I lion a frenchise: to lay, contruct,
maintain, operate,; renew, rePm, alter, re-
H U N T I N G T O N BEACH
move er abandon m44ea one or more
existing PIP" and P, ,, .ee for the collec-
tion, transportatian;; or distribution of
Hydrocarbon substances in the City of
County of Orange and which newspaper is published for the
H"°t"'�tonBea°h.,;:"` .
ADOPTED e t '!: ity Councilof the
disemination of local news and intelligence of a general charac-
City of Huntingtoq;rBeach et?e regular
held-Mopiday,tA,pn7.18.,1983, by
ter, and which newspaper at all times herein mentioned had
list
meeting
the follawmg roll te:
and still has a bona fide subscription of paying subscribers,
AY Eq; CpUNCII;IeIEN rKeuyv,;a;Mec-
and which newspaper has been established, printed and pub-
All,eter $y
f
lished at regular intervals in the said County of Orange forad`c
NOES ilmev Thomas
period exceeding year; that the notice, of which the
P g one Y h
.(n
ABSENT: Councilmen. P tturson, gFin=
annexed is a printed copy, has been published in the regular
1eyCITYOP NGTUN BEAC H
and entire issue of said newspaper, and not in any supplement
W
Alicia M. Wentworth
s M.
thereof, on the following dates, to wit:
City Clerk
APRIL 289 1983
I certify (or declare) under penalty of perjury that the forego-
ing is true and correct.
Dated at...GARDEN G.ROVE
.......................
..
California, this .2.9 t h. day of .A.P 1'. L ! .19.8.3... .
J E AN.N! E ..L.... T.H.O M AS ........................
Signature
Form No. POP 92062
I IT as Ali T ]is
vim PF"Idents pil" to City for t i`
t ,"In rea2 7, the title to whith to Prommsly VSSUd to
2arly dec*r1bedo for the purpose *r c+ t t * S$ intalm-
izaa OWSUMP - .. t t OfAmalag the also Ming
mo or move U - for Va tnespart4alcm of *U # 't • Zas,,
El,, vaUw or other, a-aU&z*sao said pljollm or VilmlUma to be
laid Uin a ton root sty of lam# the i1ts mater Ilse of
wl%lch Is desiostod =0 shms In DrawAvar 41 tt3* In t��
O.rri of the city cult of citso examitud #Ad roll 0 gaft of Sala
oxolglmd &MUestUml md
wI
WaR s solid WUNllre 01:1 ceowvr or Qa1rova".
�'... :A MIA
�^ MIA Y ill
I.* "AfalftmItim Of bla avu lor ,h sin""Owt j and
Sf- ss a ILS dagaed advinble by City to % uld -
2. rim " "Ib"W&
#trip of UWd 10 f IS'1441th U
West o, & X#_p. lug 5 t t 4a Oltbar
l
tc,TrstiAe ne r O's a )a
, r witin, v zvommeani- rialAm a , IrW," I-,
e�pre3.z twer Clt-yfs
for exam *V ' 4 nelitz t-4relrY arbated,, Pmv'.*Idw
float Orantee agreer to IrA.mr4jry Alt fog, "413, damages
CAY m marfer frtm amn'teefs entry On rw*vy QV- City's
"Id ".14*11kiras land.26 1
2. Orarttv* 01*11 bUrY Its Vif*lltOV P,44*811A" Ut
least IS
zt�ajj or till all eSO&WAtIOUS
MU" kir or tar 6ftnt" on Uw Provo$". �Wlty doe's
he exp"Mly Ve"rVe t rm rick-4 t to 60astraot, a $av"
Vublie road UWj t,tat part: of -tba rft3. Pr*Vtr%Y hV"ln-
mwV* 40-2=-IWA 1$1q4 state
1M.-&1ternate and 11a 'Oftt OVOUt Qravt" &gr**s
it win prov*tly ";V dmmag�p SUMVea to Bald
road WWAZ,1116 tMr* tr* Or-Org"181M Or -ViA rIE"'S rhvwel-r�
van
3. GreAtee Miall spay City V4 GUM OC $2,040*,00 POV
pmr 1A ad'vence'v V,3memind 101th, U10 d6te VIA& Agroe-
sent is vwzuteds a -ad on czah fu0coulve abpAVw"1Y7
d&NO &Vir-4 Um tem boraor*
4. ar%j �*Va U'Ve S-0 surrender "Id
gvlamnt and be relieved ar CIbligAtion ta PUY
the awlual roe pmviaed ror at w ts" are
writtea natice of .11ts
to sarreata-er said a4wermato to,?,,'Otbcr
a Quit,*UAM Dead maeUSUZ& all right in geld pr"Isevo
wits, Vte City Clark of t1w, c1tv at Imet qlnet� (S*)
dars firlar to the 02pimtSion, cf, avi Iprecr ror wtift the
anuual, fee "a deep. paldo said atarmader and the OAO
we Upon Vw explra-
sald quitclalm ;,Awl to be Offeeti,
tjof said year.
City &W Grantoo hemby wMMMIOdge that
aot kave the rrant to &MA% *u OMMOMAt ar"4 tkat. the
putwoo aw intent 'at inalu&U4 ash 2wids wit Uds
a4reawat le to coaftr upoa *mate* suah. rights as MY
y be entitled to grant and or v"h ri t6 a it .
her*sfury during that tam of thIs aareewntj &*quires
avd to tho extent U12at city saw not Itself b&ye the
ariant to grant sueh an easewat over any.part of ibe
above 1 res4 rtyp W amfer Its 000AMt
to t t.g thorsor kw wo turd # Ir h.
azy part t Or ageept with the C a t of 0 City)
swh M6400, tt6=W8r'# as Bounwat or 10MM sbau t
waft *may by filing with ta.A Cal C a cow or t1va
duly OzeautS6 lastruawmt, of Gu4sh ft"# t .' Jorwo S . ..
t or 16MM WA 4 rt3 I written oz for the
=Y4 or l+alas*, Any neglost4# ftUmve or refuma to Me
t Ne duty a eout" ina trummt ww to Mulm o formal written
rowAast for wis sain t of the C14 wore the expiratirisa
of uUw() 04ye after the effeatIve date v:r such
16,0 twomarerp s"Isawat or Uaw ska2lp upon tam
lrst len of salad n1mty () yna imwdUtely an
1POO facto waft a tolea tt" or We 098MAt aw aftil
reader t all and void,
7. GMWtSO &VrMM t'O keeP aM 40 ftV* and e44-0
th* My # Its 'ria 'p into Awd or "W16yeas afiaLast
� 4 4p
am oor them,,. for damse to Perms or ProPortY or
tt-A us* by orantee or tho easegoat heraby gmnted.,# *r
out or ww or tka gyrations or Gmatee limit tax
shoal Pmourea Imala.7 of liability. i Van"
frou an UOUVU406 colwmv authorized do busiftla IA
to Sta%* $t ceairornla* Protecting Wvte Cityp its office'res
agent s o or employ"$ UtAl=t MW amA a21 P b111 ty 'ror
,16mma'm JAjury Or damo as 'a . SIMi: policy 'or
1ummuts 1 be inthe r011901ts# t its
ard either the vollul or tbe oort.1fteatS So U Or
a certified -sevy of 01tftre SMIX b films Ift "*f"00-
Of thy. city c1* '*
8, as rep"meats tbt it rwv Dames aud will
VolloUm or 11ability iftmaMM0 IAS-UrIDS G "
l Willi y to =mberm of Ue. Pub r, IA &OOMI& UrIOIAS
vat or the neallasat meta of (Smutoo* Its affi.0 s,
Btu a A* vita lit not 1m tftft whzva
Coverace by said 0011aus Afty be 11mit to
-y. 5
-wo-ver l.lab,111 ty only in excess Of 10, .00* C10'
rapresents that it h either AmWicted the fova of
he vuht to so inspect sames 'sae rom Of Iftah In
either event is haroby accepted by City as catlatattory
Wes. in oomvila=* mite the ter= of t o 0
.onntee herby ftrther memo to IndemAry UW to
sate "Its, free ow., harmlailas apinat 01W less or Omaip
to c1t3i.18 property to zilitUs (Inoludlng vollutlmof
bu sit+ t*, taut dive-st1y . ln"ctly of
u *"rations or Avant" he it eontemplated Inab a
Without 2441tati , th* USIOWUDS 9$1
t1wough p1poluWa rrcm Web taaftrs
to land S faeUltum 1n or SAJAcent t tin
whether such 10" * throe& 1-t -
eRee -0p Gt . *rants* sWal fUM3gh to City In
in the Smu or $10'.000.00or a rcalay of. 1"bility
lrjmr&am in the ,,ate TILIs requIremat my be
fullrl.IUM bV jacivinj n Cat' au aM"prIate provI81,06 In
{ to be �j1ven for prn etl l 't o�to persafte or
gveut, gum &MItiotal po11ey or bomd 51 :l1 be Sub. t
to to rom by Cityfle City Attorney and
either licl' or bondo or certifi to t1wreatj, or
**PUrIe4 copy of tither* sWII te M04 1n ttw
offlee of the City clerk.
10" city: am Oates hereby Mutmily o coopente
sit abuInIng th* coat of 81aftl Oil C o
ar,reemat ar4 sh"Id s c oat uot be obUdw4thla
U. r the date �Areor a it is asremw
that* at the optIVA or orwAsep We t shall
be null ar4 void &Act at no further row** and '08t o
11, Vooz theV-1oution of am of the tomeo 4 AUG"
or 't3'€U agreement y z" f lk snd the tvAlure
tj tWittAn flirty () 44ye S' r Vntt4aa rActIos
f rM City to to :P then* at tI opt of City* tide
x
0 , O&VO Wo "Cept the ri34tto TeWVe its
gI1es Idthin the O after 14 A.
CU.1 AL and #UfrjCje t Q .t*$ft DO" t4S
12, on the expiration or manor tewIMUDA of U48
At amatoo aj�j quietly ". a**4U surrender
POSMOBSUM of tl* promises to city WW deliver to Cl't$
.q is x P i'•:4. GUtriclOnt - " 1 .:1-, shall D
rO
ss T .w
IN WITMUS wustmor,' vw parbloo beret* i'lave ozecuted v
ag"emut the dat* and year Aorouabowe Most mftti*WAO
CITY 00 UOINIMTON MACH
s MRN L. HE MKSEN
-- -.-- --. NR
_7 HE—
WIUM1,86 IM GVMPAXY Or CW ft-RUIA
RALPH F. F ORG4
RALPH F. FORCH, Vice President
a N
-A si tant becr
RICHARD W. CjffTjg, s stant Secre ary
AppM-Ved aG t* fom thia .J� da4l Of
DOS WWro 1955# b7 C* A* B&U*ro it AttOM"o
S C. A. BAUER
to A* Muoip
Council Chamber, City Hall
Huntington Beach, California
Monday, December 19, 1955
Mayor Seabridge called the regular meeting of the City
Council to order at 7:30 o'clock P. M.
Councilmen Present: Lockett, LeBard, Seabridge
Councilmen Absent. Bartlett, Terry (Councilmen Bartlett
and Terry arrived at 7:38 o'clock P.M.)
Motion by LeBard seconded by Lockett the Mayor and City
Clerk be authorized to execute the easement agreement dated
December 19th between the City pf Huntington Beach and the
Wilshire Oil Company of California, was approved by the follow-
ing roll call vote:
AYES: Councilmen: Terry, Lockett, Bartlett, LeBard, Seabridge
NOES: Councilmen: None
ABSENT: Councilmen: None
%%i **i *m%F****
Motion by LeBard seconded by Terry the regular meeting
of the City Council adjourned.
ATTEST:
JOHN L. HENRICKSEN
CityClerk"
STATE OF CALIFORNIA ) ss:
County of Orange )
City of Huntington Beach
JOHN L. HENRICKSEN
City Clerk and ex-o icio ClerV
of the City Council of the City
of Huntington Beach, California
ROY SEABRIDGE
Mayor
I, JOHN L. HENRICKSEN, the duly elected, qualified and
acting City Clerk of the City of Huntington Beach, California,
do hereby certify that the above and foregoing is a true and
correct excerpt from minutes of the City Council of said City
at their regular meeting held on the 19th day of December, 1955,
which minutes in full are on file and of record.
WITNESS my hand and seal of the said City of Huntington
Beach this the 20th day of December, 1955.
(SEAL)
S/ JOHN L. HENRICKSEN
City Cierk and ex-o'£icio C1
of the City Council of the City
of Huntington Beach, California
x
:;r
-TAVE', OF CALIFORIUA
MY OF OP.403
On thist 20th da December , � 'y Or IS6 5,, bercre
E30. Alice
M. Hamilton A NOW7 V10344 in and fOr
t4hV County or OranfW, stato Or Calforaus pees omily aw"red
In'"M to M to be UA duly
610
144tou
alpal oorpora-
*ted Orfuz-11t,
vion *C tho State of Call ,tarnia., w1d., sen ------ - -----
k zowu tco me to be the duly el**Wd o
IiiStan Beach# eaef,,* of ttoa knMu t,* &W t* b* U16 WOMB WhO
O"wouted the witkin uwtrumout fm whalf or mid ('114. Of 0=tixkgt'*,qZ
Be ty
B -ach and 0,CkMW1*d9Ad t* 00 that O&W C4,
*.,wmxttd t1 ,
IN WIT EM WMIM004 I halve hie"UAto: got SW kwad and
aff Ixeld 'WAY Otfiulsa sual twa 4a�f mid year in tbis CortIrleate
kirst aboive wrl tum.
III WITIMS Whams wVP, I hav*'hermoto set VW' L"Aw and
arg,jxad vW Ofirl.0,I&I wal; tim der, &ua year in this cirtlfi=t4b
first above wfttten,
14 - S C- 0
tf
X 747 rdF 9514
C(Amty and -state
W
CITY FRANCHISES
(Article XIV - City Charter)
Tres 10/3/88
1. ATLANTIC RICHFIELD (gas) Ord. 989 - expires
2. CALIFORNIA GAS TRANSMISSION CO. (� as) Ord. 835 - Indeterminate
term from 6/l/61 - (map on file
GOLDEN EAGLE REFINING CO. (oil) - County Ord. 523 - annexed to
3° Expires 8/29/97
City 10/3/57 - ExP e$rRePOA
oil foss► nett ro 6oici�n W +•' o.
4. GULF OIL CO. (formerly Wilshire) ( ) cac ,s.- YEx
gasoline, etc.) County Ord. 315 Expires 9/8/83
a) (oil, gas, Hanson
annexed 8/2757 - Location: Goldenwest, Ocean,
oil gas, gasoline, etc.) ° County Ord. 486 - Expires 2/22/96
b) (oil, b e Location. Bushard, Adams
annexed 10/7/57
c oil, gas, gasoline, etc.)
County Ord. 494 - Expires 7/25/96
annexed 10/7/57 - Location: Bushard, Atlanta
oil gas, gasoline, etc) County Ord. 813 - Expires 5/24/06
as Orig. County Ord. 165 -
PACIFIC LIGHTING SERVICE CO. (gas)
annexed 8/7/57 - Now Ord. 1595 - Expires 9/10/10
5� 15/97
6. PACI
FIC 5 COAST GASOLINE CO. (gas) County Ord. 495 - Expires /
annexed 10/7/57
7.
SOUTHERN CALIFORNIA GAS CO. (gas) Ord. 1308 e Expires 4/3/07
8. SOUTHERN CALIFORNIA EDISON CO. (electrical) Ord. 555
Indeterminate term from 1/5/50
9
(gas, oil, gasoline, water, etc.)
. SOUTHERN CALIFORNIA EDISON CO.
Ord. 687 - Indeterminate term from 5/7/58 e Expires 10/16/88
10. TEXACO2 INC. (Hydrocarbon substances) Ord 1005
11. UNION OIL COMPANY - (gas, oil, p
etroleum, gasoline, etc.)
Ord. 1033 - Expires 2/20/89
12. RAINBOW DISPOSAL
// / 19- / z v -
4P sue.
k
�o -� ,- --
A
4E=1
�"n,91Iginal anti Cory
9e yid certificate to:
City'of Huntington Beach
City Attorney
P. O. flax 190
Huntington Beach, CA 92648
Copy to Risk Manager after approval
q,
CERTIFICATE OF INSURANCE Yk Approved as to Form:
TO Gail Hutton, City Attorney f
CITY OF HUNTINGTON BEACH, CALIFORNIA By:
A MUNICIPAL CORPORATION
This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force
at this tirne. I) these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 10 days prior written notice, by mail, to City of Huntington Beach P. O. Box 711, Huntington Beach, California 92W ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY.
Name of Insured GULF OIL CORPORATION
Address of Insured Gulf Building, Pittsburgh, PA 15219
Location of Work or Operations to be performed City of Huntington Beach
Description of Work or Operations All operat ions in the City of Huntington Beach
_
POLICY DATES
LIMITS OF LIABILITY
NAME OF COMPANY
Effective
Expiration
POLICIES IN FORCE
POLICY NO.
In Thousands (000)
( INS')
GENERAL LIABILITY
TREE-SLG-
3-1-8
3-1-84
1,000
Travelers
I COMPREHENSIVE FORM
$ CSL
PREMISES -OPERATIONS
131T770-8-1
Each Occurance
EXPLOSION AND
COLLAPSE HAZARD
j UNDERGROUND HAZARD
PRODUCTS COMPLETED
OPERATIONS HAZARD
(}[ CONTRACTUAL
INSURANCE
( }� BROAD FORM
PROPERTY DAMAGE
I
I* INDEPENDENT
CONTRACTORS
( PERSONAL INJURY
AUTOMOBILE LIABILITY
TR—CAP-173
3-1-8
3-1-84
( COMPREHENSIVE FORM
T334-7-81
( ;k OWNED
1,000
Travelers
$ CSL
Each Occurance
( I HIRED
( :K NON -OWNED
EXCESS LIABILITY
( j UMBRELLA FORM
( ) OTHER THAN
$
UMBRELLA FORM
WORKERS' COMPENSATION
TDSK-UB-
and
137T763-
3-1-8
3-1-83
100
Travelers
EMPLOYERS' LIABILITY
A-82
Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees,
commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the
City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall
be primary to any insurance of the City of Huntington Beach, as their interest may appear.
Date
March 1, 1982
INSURANCE COMPANY
Name The Travelers Insurance
Addrens
City Hartford,
a
AUTHORIZED REPRESENTATIVE OF INSURANCE COMPANY
By Marsh & McLennan, Inc.
Address 1221 Avenue of the Americas
City
Telephon
New York, NY
HOLD HARMLESS AGREEMENT
(to be executed by insured)
997-7614 -Kathy Amend
The insured ` 3 , agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its
officers, agents, and employees against any liability, loss, damage ost, or expense by reason of any and all liability, suits, claims,
demands, judgments and causes of action caused by ins loge ents or any subcontractor or by any third party arising
out of or in consequence of the performance of all or a y e 10 ctivity for which this certificate of insurance is furnished.
(1) Sole Proprietorship (2) Partnership (3) Corpor ther ate)
HOLD HARMLESS SIGNED: By Insured: Title Refinery Manager
E. E. SCHOEBERLEIN
(Ail names shall be printed or typed By Insured: Title
below each signature.)
If Corporation, TWO Officers must sign, or present evidence of authorization to bind Corporation.
11
if;SUE DATc '
2/9/90
AS A 4AATTER OF INFORMATION ONLY AND CONFERS
irATR MOLDER. THIS CERTIFICATE DOER NOT AMEND.
FRANK B. HALL & CO. OF CALIFORNIA
SOUTHERN DIVISION
3200 WILSHIRE BOULEVARD
LOS ANGELES, CA 90010
(213) 386-8553
INSURED
Golden West Refining
13539 E. Foster Road
Santa Fe Springs, Ca. 90670
EXTEND OR ALTER THE
COMPANIES AFFORDING COVERAGE
°L RY A Underwriters at Lloyd's & Vrs. Cos.
LOMP
ETTER Y B American home Assurance Co.
� p�ANY G Underwriters at Lloyd's & Vrs . Cos .
(J >i Blades & Co. Inc.)
LETTER OMPANY Q
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
BE ISSSSUED OR MAY PERTAIN. THE INSURANCE TERM AFFa DE BY THE DITION OF POL POLICIES CONTDESCRI ECT OR D HEREIN THER OS SUBJECT TO ALL THE TERMUMENT WITH RESpECTTO S EXCLUSIOCH THIS NS, AND CONDTE MAY
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE
POLICY NUMBER
DDATFMWDDDTrMK
pQATE gWAV QMY�1
GENERAL LIABILITY
COMPREHENSIVE FORM
JHB9 9 GM00 0$ 95 2
9/ 1/ 8 9
8/ 1/ 9 0
PREMISESIOPERATIONS
UNDERGROUND
EXPLOSION R COLLAP5E HAZARD
PRO LiCr COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT OONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
AUTOMOBILE LIABILITY Ov
ANY AUTO
�Rl
ALL OWNED AUTOS (PRN. PASS.)
ALL OWNED AUTOS l PRl TTHAN) �
HIRED AUTOS
NON -OWNED AUTO$
GARAGE LIABILITY
EXCESS LIABILITY
C UMBRELLA FORM .THB99GM0004950 /1/89 8/1/90
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION WC 512 0811 8/ 1/ 8 9 18/l/9,0
AND
EMPLOYERS' LIABILITY
OTHER
F LIMITS IN THOUSANDS
t
EACH
ADOREOATE
$
PROPERTY
$
$
$
$
L
PERSONAL
INJURY
$
tI /
$
M FMM
MY
DAAMAGE
$
01 &MBI
COMBINED
$
1314' PO
ABINED
$
'
2,0o0
2 000
STATUTORY
$ ACH ACCIDENT)
I$EASE-POLICY LIMIT)
' n t% AOISEASE-EACH EMPLOYEE) I
DESCRIPTION OF OPERATIONSILOCATIONSMHICLE"PECIAL TTEMS IT IS UNDERSTOOD AND AGREED . THA.T THE CITY
OF HUNTINGTON BEACH IS NAMED AS AN ADDITIONAL INSURED WITH RESPECT
TO PIPELINES.
City of Huntington Beach
Insurance & Benefits Office
2000 Main St.
Huntin ton Beach, Ca. 92648
Attn: Bail Hutton
SHOULD ANY OF TE V
PIRA TI Ol DATE THE
MAIL�DAY9 1
LEFT, BUT FAILUR8 TO
OF ANY KIND UPOV
AUTHORIZED REPRESENTATIVE
ES BE CANCELLED BEFORE THE EX-
PANY WILL ENDEAVOR TO
VolTHOLDER NAMED TO THE
OBLIGAYION OR LABILITY
AGENTS O £SENTATIVES.
e-r o^^•' e
TOTAL P.02.
(D5a Qe"Ocm[pG7CU7 v
SANTA FE SPRINGS REFINERY
P.O. Box 2109
Santa Fe Springs. CA 90670
April 7, 1983
Insurance and Benefits Office
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Gentlemen:
Enclosed is a Certificate of Insurance covering all of
Gulf Oil Corporation's operations in the City of
Huntington Beach. Also enclosed are copies of "Power
of Attorney's", evidencing the authority of Mr. J. R.
Kemple and Mr. E. E. Schoeberlein to execute the
appended HOLD HARMLESS AGREEMENT.
Please let me know if additional information is required.
Very truly yours,
V
. S. VERNIE
ctor - Financial
and Services
JSV:sd
Enclosures
cc: File B.2-17
4 DIVISION OF GULF OIL CORPOAATiON
's .._.. �._.i+2.t`i''. 'SIGY... :..'.el.. ...'r^.• J. 7... yam. F-. r..r ..n �.-,.m ..'K.. 7 ]. G.;, * .:F. ,:a.:Y-_,�- .
4 '!
FRANK B. HALL & CO. OF CALIFORNIA
SOUTHERN DIVISION
3200 WILSHIRE BOULEVARD
LOS ANGELES, CA 90010
(213) 386-8553
NSURED
GOLDEN WEST REFINING CO.
13539 E. FOSTER ROAD
SANTA FE SPRINGS, CALIF.90670
",HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATICN ONLY AND :CNF==
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT MEND.
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
ETTERNY A National Union Fire -Ins. Co.
COMPALETTER B National Union Fire:'Ins. Co.
I_
COMPANY
LETTER
COMPANY
I LE 7ER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
COI I POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS
LTR TYPE OF INSURANCE POLICY NUMBER DATE iMM/DD/W) DATE (MM/DO/YY) I EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY OILY X COMPREHENSIVE FORM GL 5 4 0 7 7 0 7 RA 8/ 1/ 8 7 8/ 1/ 8 8; INJURY $
PREMISES/OPERATIONS PROPERTY
UNDERGROUND DAMAGE
EXPLOSION & COLLAPSE HAZARD
PRDDUCTSiCDMPLETED OPERATIONS
CONTRACTUAL BI a ��•.
n / COMBINED IL1 J
INDEPENDENT CONTRACTORS /7 �1 j �// 12000
BROAD FORM PROPERTY DAMAGE
X . '�i / v �✓ )
PERSONAL INJURY % ( O / PERSONAL INJURY
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS (DTHER THAN
`PRIV. PASS.
HIRED AUTOS
NON -OWNED AUTOS
1 GARAGE LIABILITY
BODILY
7uuRv
IPER PERSON)
BODILY
iuIRY
)PER ACGDENi1
PROPERTY
DAMAGE
BI 6 PO
COMBINED
j EXCESS LIABILITY I el & PD
�f—^ UMBRELLA FORM I COMBINED$
OTHER THAN UMBRELLA FORM
WORKERS' COMPENSATION STATUTORY `
B WC 5407705 8/1/87 8/1/88mim�imlm$
0 `EACH Acc;O=r, . 3
AND
(DISEASE-PCL!C'I T _ ''_
EMPLOYERS' LIABILITY _
0 �DiSEAS E =,-L; �... -
.x OTHER i
ESCrRiPT!CN OF PERATIONS/LOCATIONSNEHICLES%SPECwL ITEMS THE CITY OF HUNTINGTON BEACH IS
3 NAMED AS AN ADDITIONAL INSURED WITH RESPECT TO PIPELINES.
CITY OF HUNTINGTON BEACH
INSURANCE & BENEFITS OFFICE
2000 MAIN ST.
HUNTINGTON BEACH, CALIF. 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE =_X-
PIRATLOL4 DATE THEREOF, THE ISSUING COMPANY WILL
MAIL DAYS WRITTEN NOTICE -ID THE CERTIFICATE HOLDER NAMED TO THE
LEFT.
AUT .ORIZED AEPAESENITAT.'VE -- %'\ •J 1, L `-L
Gordon L. Mann Jr. a�
",4':,i'i-
A.
La � 1 •�.Y.r�"'f �iw: '.�' ;4•�,t.+��` jl .I"�t�,,i..= •r-6:�/•�• t, ti.•: S'• .. .•: •..
Al E Arlo ADDRISE Of AGf NCY a , •`"lam•"' - lt'.0 �• 'a,�1 �_=- sir... s_..... .._.
marsh & maiennan, Tnc.
1221 Avenue of the Anericas
Now York, New York 10020
NAME ANO ADDRESS OF INSUQEp
Gulf Oil Ca pany, V.S.
A Division of Gulf oil Corpmatice
G&alf Building
Pit-tsbun7hs PennsylVatnia 15230
COMPANIES AFFORDING COVERAGES
r111APANY
li ifN
Lt rTETE NY
lE R
COMPANY Ltr'TER p •/
COMPANY
LETTER
COMPANY y�
LETTER E
TMi ii to certify that OaKiea of in- surAnce fisted Oeba have hesn issued ro Ma to named above and are in tome et this time. r[otwrtnat•^Zin; any •eouaemem. `er, �, .
Of Any eontraet s other document with resoact s, 1YAKh this ceAitrcate mey be issued or may pwtai1, the insurance afforded by vie poAcres descnoed nerem IS sot" —I
terms, alKfuswns and tOrlOrttons Of such pOtKres.
COMPANY POLICY L mite o t a Ut in _ ousan�Ii e iC�J01
ItTTEp TYPE Or INSURANCE Pot ICY NUMBER EXPIRATION DAr( I EACH
OCCURPf f c[
GENERAL LIABILITY --
W-26-81
LX COMPREHENSIVE FORM
A ❑ PREMISES -OPERATIONS
EXPLOSION AND COLLAPSE
0 F�'i HAZARD
UNDERGROUND HAZARD
❑ PRODUCTS•-COMPL[TEO
❑OPERATIONS HAZARD
CONTRACTUAL PtSURANCE
❑ BROAD FORM PROP[RTY
DAMAGE
❑ 04DEPEROENT CONTPACTORS
❑ PERSONAL INJURY
AUTOMOBILE LIABILITY
ler8 Insurance Ct any
eGUILY INJVR� 1 s 1 I
TM-S l31T770-8-81 1. 3/1/84 1 PROPERTY DAA'aGf I s is
ECC':,Y I1 iURY AND
FF01`ERTYf':tIAGE E s
cc!14`h1D 1,000 1 r Oof,
FERfC'•A1 I.Nn. Rr
j0 COMPRE♦`ENSnrE FORM ii ❑ 4V.W10 TEACH AC:C'L'%ENTr
VIREO Aq:PERT'rp;.PpAcf 5
❑ NON OWNED BQDRY `9RtH1'
r ♦ �P ..ED -_
EXCESS LIABILITY —• _ _�___ �; ., _ .
❑ UMSR[lLA fORaO
300nY Ir.a.r^ ANi.
rlr�2ERTY VAMAG[ I f I
❑ OTHER THAN L'NBR(LlA
F,,QFA CO"rt NED 1
WORKERS' COMPENSATION
STATUTOP.Y '
andrr•:17•.r �.,.� ._.1 :_.. _1 ...
EMPLOYERS' LIABILITY
OTHER
�r l..iM[A:!mi.J'ii.'.j�j(,.Vine••10.+''�'►•awa.iueuwr.il.-•+''ryl iOs�64r:3'.L��.~i..L'f�a sj.'a�s._::v«... •., • 1. _ _r,�• =w� • r
• cEiCRrvrICN OF aA: �-•.=w.:r":,,e.,..s•t...:.:.:. _.i . ' :,IL rGh�.QO�;At:;,Y;.ttH'C:CD •. ' • ,. - .
All operation of the Insured (see attached) City of Jiuntin ton Beach, Orange Cow,ty,
California
Cancellation: Should any of the above described policies be C3114-0Ued beforr. the e.,&:va �
t �n r:rt��t;-•i.re. f the t_.sswo!
parry will endeavor to mall 10_ days writtsn notice to the Gtlow r13rne,! certificate r:u;:•r, but t it,
mall such notice shall impose no /rc..gaUon or lian0ity of any kind upon :he c,lrnpariv.
NAME ANO .♦i.:aF•__' ;/i C[ 7: a'�A (r♦CICER
City Attorney' s of f ice
City of Huntington Beach
Orange County, California
I
92648 x 3
•,�nzstl rsi
AG1t-T2/,l:-XJ' BETIWE.EN CITY OF HINTINGI'CN BEACH (HF, ,(EINAF M RE�ED M AS GRANTOR)
AND W f t . ;f I IRl' OIL COMPANY OF CALIFORNIA, (HEREINAFTER REFERRED TO AS (BATIK),
f ;f 11I > 11q(; AS k'OLUOWS :
"GRANIT2 AGREES TO KEEP AND SAVE,AND HARKLESS,
OFFICERS, AGENTS AND • • EMPLOYEES AGAINST ANY AND ALL CLkIMS, DEMANDS
OR CAUSES OF ACTION WHICH FAY BE ASSERfM, PROSEaMM OR ESTABLISHED
AGAINST THEM, OR ANY OF THEM, FOR DAMAGE TO PERSONS OR PROPERTY OF
WHATSOEVER t OLlT • • - IN CUOWrICN r THE USE BY
GRAwm OF THE cmcamau HERmy GRANTED, OR our OF ANY 00 THE OPERATICNIS
*F GRANTEE Ir • E HE,. •
;A ID A(JP.�:E,MTNT PERTAINS TO THAT (FAIN REAL PROPERTY SITUATED IN THE CITY OF
I flJIJ'l'I NGION BEACH, OOLIM OF ORANGE, STATE OF CALiFXMIA, DESCRIBED AS p%jja%S,
'JU WIT:
A STRIP OF LAND 10 FEET IN WIDTH, LoCATFD IN THE FAST CNE-HAW OF
FRANCTIONAL SECTICN 14, TCMSHIP 6 SOUTH, RANGE 11 WEST, S.B.B. & M.
AND BEING 5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED 3UJINE:
BEGINNING AT A POINT ON THE EASTERLY LINE OF SAID SECTION 14, SAID
POINT BEING 2361.73 Fes' SOUrEMY OF THE NORPEEAST C DRICR OF SAID
SECTION 14: THENCE WESTERLY ON A I WHICH HAS A ODURSE OF•
69 DEG. 16' WEST 50 FEET TO A POINT ON THE EASTERLY PROPERI'y LINE
OF HAMiWIRE AVENUE, SAID POINT BEING THE TRUE POW OF BEGINNING
OF THIS DESCRIPTION: THENCE WESTERLY ON A LIM WHICH HAS A ODURSE
OF SOUTH 69 AEG. 16' WEST 40 5.4 3 1E T TO A POINT, THENCE -
WESTERLY CAI ALINE WHICH HAS A COURSE OF SOUTH 36 LEG. 54' yZOT
TO THE LINE OR ORDINARY HIGH TIDE TO THE PACIFIC OCEAN.
9, pall
r�r- �+: r.` • �t • •:• nit c+• •. DI e•,- Dt• r ir:� • • .
?:!' F31:I1dJIrN CITY OF I Ii;i�l!'lNC,`!'CN, T3? !(�,1 (11ERLIti APPER RES�-;l2RI D 70 AS M-NPOR)
t:i i;;11S11FlOLLCXt'S OIL C�J:1F'TLV
PIS
CaF Gl-L M' RV7A, (JiEREINAr-rF:R RFF�2RED TO AS G1AVI'!�) •
°'C;Jt/►IVTi:E AGRTMS TO KEU-1 AND SAVE;, FREE IiNU 1jl&viiXSS, VIE CITY, ITS
OEi ICERS, AGENTS AND ORE7-PI.U`It;FS AGAINST ANY AND ALL C•xAIM, DJ-;Z?W 6
OR CAUSES OF, ACTICti 1%liICli PLAY BE ASSEi7MD, PRCSECLVM OR ESTABLISHED
AGADIST T11EM OR ANY GF 71IEM, Foll DAI•�'�(Z. 1-0 PF.r'S CAli-1S OR P-
'OPER4"t Cr
1111ATS EVER NATURE, JkRISNG OUT OF OR IN COdIi�TC.CI'I�1V WITH THE USE BY
GRAN M OF 111E CA.SIll nly-r FIEREBY G WUM, OR OUTOF ANy OF THE OPERATIQ�S
OF GRANTED INCIDENT TlE31 O. of
SAH) AGJiEli7,M'r PERTAINS TO TtiAT CMU N REAL P"FJ;C Y SITUATED IN THE CITY OF
IIYM' 1 NMUI BEACH, COLRM OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOIL T06,
TO
A STRIP OF LAND 10 FELT IN WIDTH, IQCATED IN THE FAST fIVE_MUF OF
FIANCTIONAL SECrICN 14, TGWNSHIP 6 S01 M, RpNGE 11 LEST, S.B.B. & M.
AND BEING 5 FEET ON EITHER SIDE OF THE FOTJO•IING DESCRIBED BID CENTERLINE:
BOGINNING AT A POINT ON THE F.ASTE[tLY LINE OF SAID SECT70N 14, SAID
POINT BEING 2361.73 FEET SOiTI'MM Ly OF THE NORMEAST CORNER OF SAID
SECTION 14: THENCE WESTERLY ON A FSNE WHICH HAS A COURSE OF SOUTH
69 D;. 16' WEST 50 FEET TO A POD ON THE EASTERLY PROPEaCY LIKE
OF HAr-IVSHIRE AVENUE, SAID POINT BEING THE TK E POINT OF BEGINNING
OF THIS DESCRIPTION: : THENCE WESMF LY C N A LIM WHICH HAS A COURSE
OF SOUTH 69 DEG. 16' WEST 405.43 FEET TO A POINT, .TjojCE SOUni-
WWESTERLY Ca11 A LINE WliIC:H HAS A COURSE OF SOUTH 36 Eke. 54' VWT
TO THE LINE OR ORDINARY HIC[i TIDE TO THE PACIFIC OCEAN.
A PObGICN OF SAID EAST ONE -HALL OF FRCTIC t4AL SFiCTICN 14 IS SH064<V
UD aN A PTAP FILED IN BOOK 17, PAGE 25 OF RECORD OF SURVL`YS IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFO;VIA. TCI-
GEY'fiER WITH TIC "SSAP,Y RI�:TS OF INGRESS A'�ID AC.'L C`V£;:
ADJOINING LANDS AS MAY BE NECESSARY FOR EUJOYIv M OF ThT RIOTS
1`tFJMY GRANTED, PROVIDED THAT GRANTEE AGREES TO IND1E 2,NIFY CITY FVR
ALL Z MACES CITY MAY SUE7E2 FROM GRANTEES Fd M C N ANY OF CITY' S
SAID AD► OLJING LANMS.
Location of Work or Operations to be performed All operations of ti7(--, llnsu. o- in Hutft1ngLj0A D'_JAQ_"h# ccili-f.
Descriptioi`I of Work or Operations
1k
POLICIES IN FORCE
POLICY DATES
LIMITS OF LIABILITY
NAME OF COMPANY
Effective
Expiration
POLICY NO.
In Thousands (000)
( INS.)
GENERAL LIABILITY
KI COMPREHENSIVE FORM
$ 300 CSL
TravelerS InS•
Each Occurance
0{I PREMISES - OPERATIONS
Cc Vany
IXi EXPLOSION AND
REE-SLG-131T
COLLAPSE HAZARD
770-8-81
3/1/81
3/1/84
`=
IXI UNDERGROUND HAZARD
D}CI PRODUCTS COMPLETED
OPERATIONS HAZARD
IXI CONTRACTUAL
� oEI V \`
INSURANCE
IXI BROAD FORM
_
R I ,�
!'17" (J`'
PROPERTY DAMAGE
1�
[X] INDEPENDENT
N.B.
CONTRACTORS
IXI PERSONAL INJURY
\�
t
AUTOMOBILE LIABILITY
n
IXI COMPREHENSIVE FORM
R-CAP173T334
(XI OWNED
7-81
3/1/81
3/1/84
$ 300 CSL
TravelerS Ins.
IXI HIRED
Company
Each Occurance
[XI NON -OWNED
EXCESS LIABILITY
( ] UMBRELLA FORM
( ] OTHER THAN
$
UMBRELLA FORM
WORKERS' COMPENSATION
and
TDSK-UB-131T
EMPLOYERS' LIABILITY
763-A-83
3/1/83
3/1/84
100
S Ins.
Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees,
commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the
City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall
be primary to any insurance of the City of Huntington Beach, as their interest may appear. '
Date March 1 1983 AUTHORIZED REPRESENTATIVE OF IN UR N E COMP Y
INSURANCE COMPANY Robert Cicchetti
By
Name Address One Tower Square
Address Hartford, CT 06115
City City
- Telephone 20 ) 277-6228
mo
execut y Insured)
The insured " corporation , agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its
officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims,
demands, judgments and causes of action caused by ins -etq ogees, agents or any subcontractor or by any third party arising
out of or in consequence of the performance of all or ny o r r activity for which this certificate of insurance is furnished.
(1) Sole Proprietorship Q) Partnership (3) Corpo h (state)
HOLD HARMLESS SIGNED: By Insured: T'itin
.01��
(All names shall be printed or typed By Insured: ' Title
below each signature.)
v for present evidence of authorization to bind Corporation.
11 _,.i'k7
1F53:.-: °i''
NAME AND ADDRESS OF AGENCY
MARSH & McLENNAN
COMPANIES
AFFORDING COVERAGES
W - 92
3303 WILSHIRE BOULEVARD
LOS ANGELES, CA 90010
COMPANY
LETTER
TRAVELERS INDEMNITY
COMPA
TEL: (213) 380-1600 L.A. BRYSON
COMPANY
LETTER
f/
RJ
NAME AND ADDRESS OF INSURED
4
Lf
INDUSTRIAL ASPHALT, A DIVISION OF
LEMER"Y 4�
,, lol
GULF OIL CORPORATION MR. CLAUDE FISKE
++
POST OFFICE BOX 7607
1COMPANY
.w
VAN NUYS, CALIFORNIA 91409TREASBRtR
\'r
COMPANY gp„
i
LETTER ae
�
' This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithst a
arnef . ier r condition
I of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policie cr
tit, is jecf to all the
terms. exclusions and conditions of such oolicies.
s COMPANY
LETTER
TYPE OF INSURANCE
POLICY NUMBER
POLICY
EXPIRATION DATE
Limits of Lr!abilit
^_
EACH
_
`
AGGREGATE:,_
OCCURRENCE
GENERAL LIABILITY
$1, 000, 000.00 COMBINED SINGLE
LIMIT BO
ILYBc;*A4a; A0
$PROPERI
$DAMAGE
.51 A
® COMPREHENSIVE FORM
❑ PREMISES —OPERATIONS
PROPERTY DAMAGE
$
$
❑ EXPLOSION AND COLLAPSE
HAZARD
❑ UNDERGROUND HAZARD
❑ PRODUCTS/COMPLETED
}
OPERATIONS HAZARD
❑
O O
BODILY INJURY AND
CONTRACTUAL INSURANCE
E-SLG — 131 T 770 881
3/1/84
PROPERTY DAMAGE
$ Above
$ Above
t
❑ BROAD FORM PROPERTY
COMBINED
-
DAMAGE
❑ CONTRACTORS
INDEPENDENT
❑ PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE LIABILITY
BODILY INJURY
PERSON)
$
A
IJ COMPREHENSIVE FORM
(EACH
$
OWNED
BODILY INJURY
(EACH ACCIDENT)
❑ HIRED
-
�5f A
PROPERTY DAMAGE
$
NON -OWNED
CA13
3/1/84
BODILVINJURYANO
$ Above
PROPERTY DAMAGE+
` • `�`%'^"'�''`
COMBINED
EXCESS LIABILITY
❑ UMBRELLA FORM
BODILY INJURY AND
l..
-
❑ OTHER THAN UMBRELLA
PROPERTY DAMAGE
$
$
FORM
COMBINED
WORK ERS'COMPENSATION
sTATuroRv•;;�1�
,00.
A and TDKUB 137 T 763 A 81
3/1/82 4 i„
EMPLOYERS' LIABILITY
$ ,
I OTHER
Notwithstanding any riKulrernent. term or condition of any contact or other doct ment with respect to which the certificate
Is issued, the Insurance afforded by the policies listed on the certificate
is subject to all the terms exclusions and conditions
of such policies,.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES ALL OPERATIONS. INCLUDING MOVING EQUIPMENT OVERLOADS AND WIDE
k LOADS BY PERMIT ALL WITHIN LEGAL LIMITS. THE CITY
OF HUNTINGTON BEACH CITY COUNCIL, AND/OR Ali.:
CITY BODY, AND/OR ELECTIVE AND APPOINTIVE OFFICERS,
SERVANTS OR EMPLOYEES OF THE CITY OF
HUNTINGTON BEACH, WHEN ACTING AS SUCH ARE ADDITIONAL INSUREDS HEREUNDER.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will Zc�r to mail 45 days written notice
to the below named certificate holder.
NAME AND ADDRESS OF CERTIFICATE HOLDER.
F CITY OF HUNTINGTON BEACH
F BRUARY 1.981 lab
GATE ISSUED: _
ENGINEERING DEPARTMENT
& Mc I CORPORATED
PO. 0. BOX 190
i
Y HUNTINGTON BEACH, CALIFORNIA 92648
r' `--= -
REPR' NTATIVE
�-� ACORIU? ,-74I - -
a_ ..,-;an-ate `�as-s^;7sa , . �-• ^�,, ,��-�-��:�--*��,�a�_-<�,,,�. ..,�.r-,.,P,�.m4, _ : �..., .,�-,na.,-. �,--w,.-..«�,_ � .�..�.�,. �.�-��,.-�,� .
Return Original and Copy
o..)mpletnd certificate to:
City of Huntington Bondi
City Attontey
11. O. ncix 190
Huntington Banch, CA 92648
Copy Io Risk Manager titter approval
CERTIFICATE OF INSURANCE
TO
CITY OF HUNTINGTON BEACH, CALIFORNIA
A MUNICIPAL CORPORATION
NY-3-83 ,
Approved as to Form:
Gail Hutto City Attorney
By: -
This is to certify that the policies of insurance as described below have been issued to the insured by the undersigned and are in force
at this time. if these policies are cancelled or changed in such a manner that will affect this certificate, the insurance company agrees
to give 10 days prior written notice, by mail, to City of Huntington Beach P. 0. Box 711, Huntington Beach, California 92648. ALL
ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN
AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE CITY
ATTORNEY.
Name of Insured Gulf Oil Corporation
Address of Insured Gulf Building, Pittsburgh, PA 15230
Location of Work or Operations to be performed All operations of the Insured in Huntington Beach, Calif
Description of Work or Operations
POLICY DATES
LIMITS OF LIABILITY
NAME OF COMPANY
POLICIES IN FORCE
POLICY NO.
In Thousands (000)
(INS.)
Effective
Expiration
GENERAL LIABILITY
ICI COMPREHENSIVE FORM
$ 300 CSL
Travelers Ins.
Each Occurance
D{I PREMISES - OPERATIONS
Company
ICI EXPLOSION AND
REE—SLG-131T
COLLAPSE HAZARD
770-8-8i
3/1/81
3/i/84
IXI UNDERGROUND HAZARD
D{J PRODUCTS COMPLETED
\�
OPERATIONS HAZARD
�fIp� �� \
EKI CONTRACTUAL
INSURANCE
IXI BROAD FORM
C
APIR -.®
PROPERTY DAMAGE
JXI INDEPENDENT
}1R
'
CONTRACTORS
CII) tCE ;
a
(XIPERSONAL INJURY
i\
AUTOMOBILE LIABILITY
IXI COMPREHENSIVE FORM
R-CAP173T334
U{I OWNED
7-81
3/1/81
3/i/84
$ 300 CSL
'Travelers Ins.
IX,J HIRED
Company
Each Occurance
LKI NON -OWNED
EXCESS LIABILITY
( ] UMBRELLA FORM
( ] OTHER THAN
$
UMBRELLA FORM
WORKERS' COMPENSATION
and
TDSK-UB-131T
EMPLOYERS' LIABILITY
?63-A-83
3/1/83
3/l/84
100
s Ins.
Additional Insured Endorsement:
The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees,
commissions, boards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the
City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured, and such insurance shall
be primary to any insurance of the City of Huntington Beach, as their interest may appear.
Date i''CLL%-'i 19
INSURANCE COMPANY
Name
Address
City
AUTHORIZED REPRESENTATIVE OF IN UR N E COMP Y
By Robert Cicchetti; - Zr%- "
Addroa One Tower Square
City Hartford, CT 06115
r Talephon,; (203) 2 J (-62 3
The insured " corporation , agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its
officers, agents, and employees against any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims,
demands, judgments and causes of action caused by ins -eM oyees, agents or any subcontractor or by any third party arising
out of or in consequence of the performance of all or ny o r 6r activity for which this certificate of insurance is furnished.
° (1) Sole Proprietorship (2) Partnership (3) Corpo h (state)
HOLD HARMLESS SIGNED: By Insured: Title
(All names shall be printed or typed By Insured: ��� r _Title -� r
below each signature.)
">i� �or present evidence of authorization to bind Corporation.
M F4
NAME AND ADDRESS OF AGENCY
COMPANIES AFFORDING COVERAGES C-019-82
Marsh & MtLennan, Inc.
The Travelers Insurance Company
1221 Avenue of the Americas ANY
Y A
Hartford, CT. XM
New York, New York 10020
COMPANY Cai
B
LETTER
cn 4 -Ik�
NAME AND ADDRESS OF INSURED
COMPANY
LETTER %IF
Gulf Oil Corporation
rn
.)
COMPANY C� C-
LJ CD rn
Gulf Building
Pittsburgh, Pennsylvania 15219
LETTER
COMPANY
LETTER a- C=
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding arty FrEquirement, term or condition
of any contract Or other document with respect to.which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
COMPANY
I
POLICY
Limits of Liabill ty in Thousands
MDT —
EACH
OCCURRENCE
AGGREGATE
LETTER
TYPE OF INSURANCE
ANCE
POLICY NUMBER
EXPIRATION DATE
GENERAL LIABILITY
BODILY INJURY
f
$
A
rv-1
L�Oj COMPREHENSIVE FORM
TREE-SLG-131T770-8-81
3-1-84
PREMISES —OPERATIONS
PROPERTY DAMAGE
$
s
N EXPLOSION AND COLLAPSE
HAZARD
Ez
UNDERGROUND HAZARD
V
LoiF 'I PRODUCTS/COMPLETED
OPERATIONS HAZARD
rV7
Lai CONTRACTUAL INSURANCE(Blanket)
BODILY INJURY AND
PROPERTY DAMAGE
$1,000
$1 000
N BROAD FORM PROPERTY
COMBINED
DAMAGE
FV_1
CONTRACTORS
Lai INDEPENDENT
PERSONAL INJURY
PERSONAL INJURY
sIncl.
AUTOMOBILE LIABILITY
BODILY INJURY
tR
(EACH PERSON)
A
LAJ COMPREHENSIVE FORM
TR-CAP-173T334-7-81
3-1-84
BODILY INJURY
$
R,
FV1
LAI OWNED
(EACH ACCIDENT)
FV11 HIRED
.ai
10
PROPERTY DAMAGE
$
BODILY INJURY AND
PROPERTY
$1,000
LIaJ
MNON-OWNED
DAMAGE
COMBINED
EXCESS LIABILITY
F-1 UMBRELLA
•FORM
BODILY INJURY AND
$
❑ OTHER THAN UMBRELLA
110A
(ncl
PROPERTY DAMAGE
FORM
Nkko
COMBINED
WORKERS' COMPENSATION
STATUTORY
_i,,
A
and
TDSK—UB-137T763—A-82
3-1-83
EMPLOYERS' LIABILITY
$100
OTHER *Including United States Longshoremen's
and Harborworkers' Act
DESCRIPTION OF OPERATIONS/LOCATIONSNEHiCLEs All operations of the Insured in the City ofmHuntington Beach, Oran
County, California, and elsewhere in the U.S.A.
RECEIVED
(See Reverse Side for Additional Insured) CITY ATTORNEY
Cancellation: Should any of the above desCribed policies be cancelled before the expiration date the*ARtJe(1is16tVcom
JU
pany will 4Q4§QQ= mail days written no at le w named cert 'ate holdeZ66b&�6w,�
NAME AND ADDRESS OF CERTIFICATE HOLDER:
arch 1, 1982
City of Huntington Beach
City Attorney's Office APP,
Orange County, California 926
6. obert Cicchetti
TUA3;.!'.1 AUTHORIZED REPRESENTATIVE
ACORD 25 (1-79)
f
WUE- DATE -(MMlDCA'Vr
[
®
8-15-85
PRODUCER
I
T'HISS C�E�I.��'i i,RCAyT�E IS ISSUED A MATTER OF INFORMATION ONLY AND
N.sD^CONaFERS .
'ASS•
NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND,
D
EXTEND
OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
& HlGGiNS
COMPANIES AFFORDING COVERAGE:
2029 CENTURY PARK E.
LOS ANGELES, CA 90067
TEL:- (2I3} 552-8700
COMPANY
LETTER :
A
Hartford Insurance Co.
COMPANY
LETTER
13 Industrial Indemnity
INSURED
CLEITERNY
C Ins. Co. .State of Pennsylvania
Golden West Refining
13539 Foster Road
Santa Fe Springs, CA.
90670
; `OMPA',NY
D
1 COMPANY Is
L.ETTEP
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONWTION OF ANY COP�'TRAC'T OR OTHER DOCUMENT W€TH RESPECT TC'WHICH THISCERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
;fl
TYPE OF INSURANCE
POLICY NUMBER
POLO' EREUPA ' POLt^' EXPIRATION LIABILITY LIMITS IN THOUSANDS
DATE (MM/QOWI ( DATE IMAUOU.NY, EACH AGGREGATE
OCCURRENCE
GENERAL LIABILITY
1 BODILY � !
INJURY $
$
i t
COMPREHENSrAE FORM I
{
i
�--5
PREMtSES(OPERATIONS
C
1 PROPERTY �ry Is
UNDERGROUND
�j EXPLOSlCltc 8 COLLAPSE HAZARD
56CESSS-2374 18-1-85
18-1-86 (DAMAGE IMP
PRODUCTSI.OmP"rTED OPERATIONS
(
i
�--�1
CONTRACTUAL
1
fe; 8 Pp
COMBINED; 000
411000
INDEPENDENT CONTRACTORS
E
BROAC FORM PROPERTY DAMAGE
'
PERSONAL INJURY Is
I
PERSONAL INJURY
i
9 i
1
1 AUTOMOBILE LIABILITY t
I
i BW I
f
�
A I ANY AUTO
t�F POW, I
ALL OWNED AUTOS (PRrV. PASS.)
OTHER THAN
1 X ALL OWNED AUTOS (PRK'.
1 SA-8764796
tPs F Aw�EM:
PASS.
1 X HIRED AUTOS
�.•
. i PROPERTY
NON -OWNED AUTOS
DAMAGE
GARAGE LIABILRY
III
j
t
! �aNED
I
4285-4103
! 1,000
18-1-85 18-1-86 j NEDr$4,000
1$4,000
C
EXCESS LIABILITY
UMBRELLAIM
OTHER THANUMBRELLA FORN
? Less
Onder 1
I
�
� sTAn.�roRr
WORKERS' COMPENSATION
i
�
$ {EACH ACiIDEN—
AND
(DISEASE -POLICY LIMIT.,
EMPLOYERS` LIABILITY
I I
$ (DISEASE-EA,uH EMPLOYEE)
OTHER
t
DESCRIPTION OF OPEI'NATIONS/L.DCATIONSIVEHICLESISPECIAL ITEMS
As respects inland pipelines excluding locations at 21471 Newland, Huntington
Beach and Berth 215 Terminal Island, Long Beach, the certificate holder is
added as an additional insured as respects operations of the named insured.
0 6 �
_,SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX -
City of Huntington Beach., its ele IRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
officials, officers., agents and EYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
URE TO MAIL SUCH NOTICE SHALL M POSE NO OBLIGATION OR LIABILITY
c/o Robert Dumas I of Xtv xl UPOt.71C ANa ITS AGA TS OR A ESE�iTATIVES ;:,_
13539 Foster Road
Santa Fe Springs, CA. 90670
PRODUCER
`~' w JOHNSON & HIGGINS
a
2029 CENTURY PARK E.
of r
LOS.ANGI LES;XA 90067
TEt:;<(313) 552.8700
1 ,a
.id' Revised
M wZ ISSUE DATE DD'Y)')
`` _9_20-85 _.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Cf}MPNIES AFFORDING CQVERAGE
COMPANY A
LETTER, Hartford Insurance CoiT>pany
COMPANY
112
,.
INSURED
LETTERIndustrial
IndemnityGolden
COMPALETTER Y
�
Co State of PennsylvaniaSanta
west Refini].lg
13539 Foster RoadInsurance
Fe Springs, Ca 90670
IM,
LETTERY
COMPANY LETTER
THIS IS TO.CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INS AfIPf<FCNi THE POLICY PERIOD INDICATED. -
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DC kT H RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POUC:IES.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY ,DPIRATION
�c LIABILITY LIMITS IN THOUSANDS
b
EACH
AGGREGATE
DATE (MMDDRY)
DATE IW,xDD,Yvt..
_
OCCURRENCE
GENERAL LIABILITY
BODILY
$
$
COMPREHENSIVE FORM
56C SS-2374
8-1-85
8-1-86
INJURY
PROPERTY
$
$
PREMISES/OPERATIONS
UNDERGROUND
D..MAGE
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
BI& PD
COMBINED
$ 1,000,
$1,000,
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
PERSONAL INJURY
$
AUTOMOBILE
LIABILITY
MY
$
�gy ���r �
X
ANY AUTO
SA-8764796
8-1-85
8-1-86
�
ALL OWNED AUTOS (PRE'. PASS.)
�!-'V RC' :'YD 13 TL
w"XX.Y
X
X
ALL OWNED AUTOS (OTHER THAN
PRIV. PASS.)
G AI L � Li T f 0K
(I EM A^�"IO;.N11
$
X
HIRED AUTOS
�.
PROPERTY
$
rz
X
," N-OWNED AUTOS
DAMAGE
s
GARAGE LIABILITY
��
B; & PD�`
COMBINED
$1,000,,�t
X
_
�.
_��
EXCESS LIABILITY
iJST'a--" '
4,000,
4 , ,
X UMBRELLA FORM
4285-4103
8-1-85
8-1-86
BI&PD
COMBINED Less
OTHER THAN UMBRELLA FORM
Underlying
i
WORKERS' COMPENSATit)N
STATUTORY'
-
-qN
$ 100, (EACH ACCIDENT
POI Y ltM T)
AND
CV 8764164
8-1-85
8-1-86
$ 500 , (DISEASE
EMPLOYERS' LIABILITY
$ 100 (DISEASE EACH, EMPLOYEE,
OTHER
F
DESCRIPTION OF OPERA T IONS/LOCATIONSIVEHICLESISPECIAL ITEMS ' "' l -
As respects inland pipelines excluding locations At 21471 Newland, Hiuntington Beach and
Berth 215 Terminal Island, Long Beach, the certificate holder=is added as an additional
insured as respects operations of the named insured. ..
City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
SHOUTLD ANY:OF, THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRAT:0N DATE THEREOF, THE ISSUING COMPANY WILL
MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER �}
r-.
AUTHO 0F.D REPRESENTATI'�E
3
J ;nd Copy.
FICATE 0;`: RANCE
-iit,ficato to. CERTI A,prwa;d as to = ;l
f 1 i ... ,Iilrqloil baach Gall Hw.ton, City Attorr—
CITY OF HUNTINGTCNq,N;.ACH, CALIFORNIA
A"'iltiry"on Beach, CA 92648 By:
Cipv >o C't A Maringer after approval A MUNICIPAL CC,",", 'ORATION
I . his is to _ertity that the policies crf insurance as de-,aibed aelow 1'f»vin, been issued to the insured by the un,66rsigned and are ,
nt this tc:=ie 0 these policies are cancelled or changed in such a rrtoner that will affect this certificate, the .)surance )rnpany
to give 10 days prior written notice, by mail, to City of Hu4-.tingtoo -3each P. O. Box 711, Huntington Beach, Califorrri',: 9264P.
ITEMS MOIST BE COMPLETED, ANY DELETION OR CHAN�_,'E iN THIS FORM SHALL BE SIGNED AND DATED lb)i- AiN
AU THORIZED REPRESENTATIVE OF THE INSURANCE COWk,%Y AND MUST BE APPROVED IN WRITING BY THE
R N E Y.
Name of Insured Gulf Oil Corporation
Address of Insured - Gulf Building, Pittsburgh, PA 15230
Location of Work or Operations to be performed All operati.nnz Of the Ingared in Htuiti-,;7Jiton -B(_--achii� -
Description of Work or Operations
POLICY
DATES
LIMITS OF LIABILITY!
NAME O� COMP
PC_iCIES IN FORCE
POLICY NO.
Effective
I Expiration
In Thousands (000) �'iNSJ
G�'4ERAL LIABILITY
"I COMPREHENSIVE FORM
300
CSL i Travelers Ir,
$
<1 PF�FMWSES - OPERATIONS
Each OCCLrance
-
OMP
it EXPLOSION :ND
TREE-SLG-131T-
I
COLLAPSF, HAZARD
tit UNCE RG ROUND HAZARD
770-8-81
3/1/81
./84
�l PRODUCTS COMPLETED
Ov-*.. RATIONS HAZARD
ck- .: I RACTUAL
:A
INSURANCE
B: -1 t':l A 0 F C RIM
PROPERYV CAMAGE
Cc__AACTORS
PERSONAL IN)URY
AUTOMOBILE U ABILITly
Xi COMPREHLN:>iVE FORM
TR-CAP1 73T334-
XI D
7-81
3/1/81
1311/84
300
CS
X1 IilReu
Each Occur., )ce
JYrrwr-
XI N -N 0 W N E 0
KCESS LIABILITY
k- �'RELLA FORM
0 T + `E R THE -4
UMBRELLA FORM
,'VGi'KFRS'COMPENSATION
and
rUDSK-UB-131T
EMP!.OYERS' LiABILITY
763-A-83
13/1/83
3/1/84
Additional Insured Endorsement:
The agrees that the City of Huntington Beach and it.; Gouncil, andior all City Council appointed gror:,::s,
,-ornliisskons, boards and any other City Council appointed bofiy,,i,,Vor elective and appointive officers, serents or employees
City of Huntington Beach, when acting as such are additional 1!isuteds hereunder, for the acts of the insured, and such insuranc-'. si,�i`:'
be. prirr..,1 to any insurance of the City of Huntington Beach, i-is th,,tr interest may appear.
E; to._`'Iarch i
OiSuRANCE COMPANY
Narno_
Addru,&%
City
83
/'0J,-,'AIORIZED REPRESENTATIVE OF INSURANCE COMPANY'
Ily iUx3rt CicchettiXc�,.` /,2
ewer Square
,7
fiaut.ord, CT 06115
lfo; �pnone 1203) 277-6228 i-
HOLD HIA R IM, LESS R EE M _1-:1N
(to be executed uy insured)
The in:,ired ' corwraL Lon agrees to protect, defend, indatnnify, save, end hold harmless the City at Huntiiigtuck Be. ,h
officers, ager:ts, and employees against any liability, loss, damage cost, o, expense by reason of any ant, all liability, suit.,, "ill,"
ciamands, judgments and causes of action caused by or r ins e-d—, er,,igoyees, agent; or any subcontractor' or by any third party
out of or In consequence of The performance of all or ny o ibr activity for which this certificate of lnsurace is fur ,?
(1) Sole Proprietorship (2) Partnership (3) Corpor J Oth (state) rf
�i,ALESS SIGNED: B HOLD HA,� y Insured: Tit
IAII narnw: shall be printed or typed By Insured: —Title
below aai: -I signature.)
If Corperation, TWO Officers must sign, or present evidence of auv.orzation io bind Corporation.
' . _.... ..:a. �... � .; �r �.,! ,'r..r.. �•. _,.a_ ;::... a.l 1 ri`to�(,�s'�wi��..: t ..7.SisiM1��� i'r_: �R� •t. 1 �'��Jy�y�,•�� �!Y�~� :.i .Y,.,. .
• .w..wE.:+.Y:w.-riW-- ..gin.—.r.a..+..u�a- -4.rap9rri.A�...e - C-.� ... �Lnl ___ _ ar .. 1� /;�`�� �.►ti '4
;ll b mi.-Ik'I-lIldn, Inc.
hvt lue of the hmesicas
Nt.w Yoi:k, New York 10020
�•I ryU �, i n r �.•, c+ INt.U'If (7
c.;11 I f of I c'cxihany, U. S.
Di.V.i s.i0l' of Gulf Oil Corporation
t ' 1.1 L l;ui. lding
P ; Ushw:gh, Pennsylvania 15230
CC:,SPAIraES AFFORDING COVERAGES W-26-78
r;D.PAhr a
- _ Travelers Insurance Ca %olanyr
ti'Af' LETTER
COMPANY r L[TT[R
COMPANY
LETTER
CCMPANY r'
LETTER .9
r Las of el;u ante 1.;teJ IvIcw have teen issu!+d lathe insured named above and a in 1^rc Iris tlrne. Matwdrtst9ndng any raCuiramant term or t dre —
u t :' , 'r ••r (AKU nvnt w,th respt-, to which this Certficate may be issued or may penain.Mm ensuraru tL�rdod the
awns .•nd Cn'W 1,Cns zf such polldes. / by D�ti411 cowribed hwetn is subpo to ap t1c
'NSVRA NCE
GENERAL LIABILITY
/� IIX'.l "•rl'rrl Mf('iil':( tORfA
I ..11'Pt M:c15-OPL RA DONS
l t •r•I(Y�nN nN0 rOUAI`eE
I � .:.I Il r.; •:17U
'7N111A6,00UNP -A7AVD
1^PE"Tlnti5 HAZARD
J'11 RAC rUAL INSURANCE
(...� V"OAEI f0R?A rpopEp•y
rr DANIA-E
INDEPLNUENT CCNTRACICRS
AUTOMOBILELIABILITY
COMPPLNLNSIvt foil.
(C�
1L�
Owrim
��
LURE 0
ID
POLICY Nu•reER
TR-NSL-131T770-8-78
EXCESS 11:.31LITY
�] UM9RLLLA ro�°.1
I.] .T/tl r.:•.AN U:•1•;.ELLA
WORKERS' CCMPEIYSATIONJ
and
I EMPLOYERS' LIABILITY
OTHER
' �',".", :'".::1;'!'r :,'nw.;^;," ��".�%/i�v`'rC v .~Jt�: - :.ram •,u �gµ.�.�.[i•�..
V ! U � tl,..A:1UhS/VlM'CtC.
POLICY
EXPIRATtOy DATE
3/l/81
NYC I AGGREGATE
OWILY LwuRr 1 ! 1 f
PROPERTY DAMAGE I S ! f
8004 Y INJURY AND
PIapPCRTv pA443
C
!
f
COMBNMtO
1, 000
I, 00O
P[QSOhAI 'h)URr
f
.�DILYrNJ'"a1'
f t. �y
t�^%•v_.
BODILYIN1uRr
IeACH ACC1:)ENT)
f �t �:°x.",.
+°POPERirDArtAGE
30DILY I`>IJURr ah0
PROP[R7r(e•gAGE
f F-.•:� ..:�. �.
i tom' {J►..r.� �� •
SODar INJtRY ANO
PROPER tY DAMAGE
E
f
COMBNED
ISTATUIORr
•_..�.s. -'� .p.:�• 1c•w. ;y, t�p�TrpP�r►t►.rLl, �.t�vw.•,.
A.L.I. Operations of the Insured (see attached) City of Huntington Beach, (range County,
California
Cancellatlon: Should any of the above described policies be cancelled before the 'Pxpitatlon date thereof, the issuing com-
pany will endeavor to mail .30_ days written notice to the t,:lmv names c:rttficate holder, but failure to
mall such notice shall impose no obligation or liability of any lund u;,on the company.
{NAME ANDA:;00,SS0,C[M.;•CALE •IOLDCR
City Attorney's Office
City Of Huntington Beach
Orange COunty, California 92648
AvINORIaEJ �[FwCa[h:ativt
I31 *AVf-'J:N CITY OF IIUTFINGI'QV I�CN (f ii:REINM'IT.F2 RIB RRED 'TO AS GRANTOR)
.
1,'iiWf).S[IIRi,' ()IT. CUMPANY OF GNAT PURNIA, (jjCjTINAITER RIM7-j�:R2ED TO AS 1(�),
I : i J%J) N(; X; 1 'OL.LC lS :
AGI4.:L•'S TO KEI-) X-,D S41,7E, ll,ES AND HARMIPSS, THE CITY, ITS
01 'l1 C :.RS, ACU;1'S ARID OR U'•I'IDY LES AGAINST ANY AND Pl L CLAL%IS , DE NTS
OR CI:USES OF ACTION WHICH NNi BE, ASSi;IZF1CD, PROSECUTED OR ESTABLISHED
AGAINST THE27 OR Ar1Y OF 111C4, MR DAB IAC. TO PEFF�Sp::S OR PRDPERTY OF
«}i,TSO'iIE.R MATURE, ARISING aJT OF OR IN CC%NM,IQV i+lITH THE USE BY
GI2ANFEE OF THE CA.Sa ENT iOEBY GRA . ' , OR OUT OF ANY OF THE OPERATIQNS
01' C1i2AN'I E INCIDENT TfI MM- .1/
A 11.) 1�(11zi :P:�^LNI` PERTAINS TO THAT CUt'I'Ani REAL PROPERTY SIn ZM IN THE CITY OF
i lUt ll'.1 Nc.,lY�1: BaAC H, COUNT CF ORANGE, SPATE OF CALIFORNIA, DESCRIBT.D AS FQI,ZjS,
A STRIP OF LAND 10 FEET IN 4dIDTH, I,(rATM IN Tl E EAST ONE-HALF OF
FMNCTIONAL SECTICN 14, MINSHIP 6 0JU'I'N, RANGE 11 WEST, S.B.B. & M.
AND BEING 5 FEET QV EITHER SIDE OF THE. FOLIi0WI1NG DESCRIBED
BEGINNING AT A POINT ON THE EAaMU y LINE OF SAID SECTION 14, SAM
POINT BEING 2361.73 FEET SOUTHERLY OF THE NORI'fTA.ST CORNER OF SAID
SDCTIQV 14: 'THINCE WESTERLY ON A LINE WHICH HAS A COURSE OF SOME
69 DEG. 16' WEM 50 FEET TO A POINT ON THE EASTr,RLy pRopElCy T.
OF HAMPSHIRE AVENUE, SAID POINT BEING THE TRUE POINT OF BEGIN;NTING
OF THIS IFZMPTION: THENCE ICSTERLY ION A LINE WHICH HAS A COURSE
OF SOUTH 69 DEG. 16' WEST 405.43 FEET TO A POINT, THE24CE SIOUTH-
;W,STERLw ON A LINE WHICH HAS A COURSE OF SOUTH 36 DEG. 54' WEST
TO THE LINE OR ORDINARY HIGH TIDE TO THE PACIFIC OCEAN.
A PORI'ICN OF SAID FAST ONE-H"OF FRACTIONAL SECTION 14 IS SHCXtq
UPON A 11AP FILED IN BOOK 17, PAGE 25 OF FECORD OF SURVEYS IN THE
Obl ICE OF THE COLM-i RECORDER OF GRANGE COUNTY, CITLIFORNIA. TO•'
C;F'•t'tit`R WI�'H T ttFr�cca�Y P?Cs?T'S OF �:�.�.'SS XwM 4@3p-SS G`VF,: CIT":'3
ADJOINING LANDS AS MAy BE NECMSHRY FOR ENJOYMENT OF THE RIQfM
HEREBY GRANTED, PROVIDED THAT GRANTEE AGREES TO INDEMIFY CITY FOR
ALL DAMAGES CITY MAY STIFFER FROM GRANTEES ENM Chi ANY OF Clef' S
SAID ADJOINING LANDS.
,w'•"Y�Y6a+1� �: ` ya ,t " t I i ��' +ty �itF '1'yy'�t ,��h,P�i+��'. »� - � � � �.�.�,•"T'�
I:s4�',,n WY •' r• . 1� `^FE,..,:,..j, �:'�', � M� : R �b?� 'C'.'�E !Hr7. .�' A
NAM . AND ADDRESS OF AGENCY
MARSH & McLENNAN
3303 WILSHIRE BOULEVARD
LOS ANGELES, CA 90010
;. TEL: (213) 380.1600
''':.*"t7,�..:.
COMPANIES AFFORDING COVERAGES W - 842
LOMPANV TRAVELERS INDEMNITY COMPANY
LETTER -- _ _ --_-- -- --
COMPAN
LF.7TER Y B LEXINGTON INSURANCE COMPANY
NAME AND'ADDRESS OF INSURED _-
INDiJS1'I�,f ASPHALT, A DIVISION OF coMERNY C
GULF OIL CORPORATION COMPANY
ATTENTION MR. CLAUDE FISKE LE:rTEn Lf ...
POST OFFICE BOX 7607
VAN NUYS, CALIFORNIA LETTER "Y
This is to certify that policies of insurance listed below have been issued to the insured named above and are in for(:e .3t this time
COMPANY limits i
of Liability 1CX_XX=X3 21X X
LETTER TYPE OF INSURANCE POLICY NUMB[ R POLICY - ----1— --- — ----
• E —� u: , u�CNCE I AGGREG,-, EXPIRATION DAT
GENERAL LIABILITY
1�OOQ�OQ0s00_COMT3II--D_SI GLE_LIMIT$�DI-Y=I�i-�TRY_A�jD=PROPER�TY_DATi_.
I COMPREHENSIVE FOPM I
❑ PRFMIS ES —OPERATIONS 1 PROPERTY DAMAGE $ I 5
Ij❑ EXPLOSION AND COLLAPSEHIIARD
i
l� UNDERGROUND HAZARD ----
❑ PROOUCIS'(:0MPLEIf0
(� OPERATIONS HAZARD BODILY iNJURN tiND
A l_J CONTRACTUAL IN'•URANCE TRLNSL 131 T 770 8 78 3/1/81 PROPERTYDAVA', b ABOVE I b A$p�,_
., ❑ BROAD FORM PROPERTY I COMBINEO I i
DAMAGE
1_ J INDEPENDENT CON RACTORS_—__�--_-
❑ PERSONAL INJURY
•r d, �-' � PERSON/(- tN.!U!'+Y b
AUTOMOBILE LIABILITY �— - �- — - - HODILY INJU�'1
(EACH PERSON.
y[� COMPRLHENSIVE IORm �l
En�uurlN�f�,
t� OWNED (EACH AC(:IL'L:4ry
❑ HIRED ' PROPERTY D".'dF,L `; ..
BOUII Y
L.J NON -OWNED E e-1 w{lg?y
TRLNSL 131 T 770 8 78 3/1/81 PRC>�ERTYDAA.�.,;.. i ABOVE ,•;,<<;'.
EXCESS LIABILITY --�-- ---� ceMB;NEI(�-- �1'�.
I 601)iLY INJURY �.r,., �$9 f OOO, OOO a OO
I � UMBRLLiA FORM PROPSRTYDAMA';: EXCESS OF 'PRIMA::.
�❑ 0111EHIHANUMIII.FL1-A 550 55 36 3/1/81 pMBINfU ;POLICY NUMBER
j Fr>RM TRLNSL131T77087c
IWORKEft5'COMPEN5ITION
A and TDKUB 131 T 763 A 78
EMPLOYERS' LIABILITY I . 1 500,00017 ,
OTHER
Notwithstanding any fequirement, term or condition of any contract or other document with respect to which the certificate.
Is issued, the insurance afforded by the policies fisted on the certificate is subject to all the terms, exclusions and conditions
of such policies.
r
DESCRIPTION OF OPERAFIONS/LOCATIONSNEHICLES
ALL OPERATIONS',. INCLUDING MOVING EQUIPMENT OVERLOADS AND WIDE LU;'
BY PERMIT ALL WITHIN LEGAL LIMITS. THE CITY OF HUNTINGTON BEACH CITY COUNCIL, AND/OR ALL C'
COUNCIL APPOINTED GROUPS COMMITTEES COMMISSIONS BOARDS AND ANY OTHER CITY COUNCIL APPOI''-
BODY AND/OR ELECTIVE AN6 APPOINTIVE' OFFICERS SERVANTS OR EMPLOYEES OF THE CITY OF HUNTING.
—BEA&j,—WHEN_ACTING AS SUCU_ARE�DDITIONAL IN96REDS HEREUNDER. _
Cancellation: Should any of the above de, ribed policies be cancelled before the expiration date Thereof, the s .r nT- :.-m-
pany will mail 45 days written notice to the below named certlfic3te holder ''� 5ifvre�c
QAIL HUTTON �FEBRUARY 16, 1979
NAM[.ANI)ADURESS(K Cf Rllr it.P l!rh"�I U+!' =t-Attomay
CITY OF HUNTINGTON BEACH. DATE ••zz.. PORATED
' ENGINEERING DEPARTMENT C y Ni, Z� -
P.O. BOX 190 By: . I & LE R
HUNTINGTON BEACH, CALIFORNIA DOPUtq-Citq'Att
92648 /
ATIVf
REQUC=aYP=E
OECOROEO IN OFFICIAL RJR
MIN,
ANOHLF$ COUNTY, CA
Irk
r6C JD east J.I1AALAUG 25 No
POWER OF ATTORNEY Rewrd$ Office
GULF OIL CORPORATION, a corporation duly organized and
existing under the laws of the Commonwealth of Pennsylvania,
acting through Gulf Oil Company - U. S., a Division of Gulf
Oil Corporation, does hereby make, constitute and appoint
E. E. SCHOEBERLEIN its true and lawful Attorney .in Fact, and
he is hereby authorized and directed for and in its name,
place and stead, from time to time, to do and perform such
acts and to execute and deliver in the name and under the seal
of the Corporation, and for and on its behalf, all such con-
tracts, agreements, bonds, affidavits and other instruments as
may be incident and necessary in the operation of the Corpora-
tion's Santa Fe Springs Refinery and likewise to execute in
the name and under the seal of the Corporation all such bonds
and assurances as may be required for the due and faithful
performance of each and every contract, agreement or other
instrument entered into in the name of the Corporation. The
Power of Attorney herein granted shall continue until revoked,
and it shall have the same force and effect as though special
authority was granted to said E. E. SCHOEBERLEIN to do each
such act and to execute each such contract or bond or other
instrument separately for each and every such act so done or
contract or bond or instrument so entered into.
TTEE
$3
L
Executed at Los Angeles, California, this 22st day of
August, 1980.
GULF OIL CORPORATION �� o.R• i
R. einp e, Vice President
tlf Oil Company - U. S., a
Division of Gulf Oil Corporation
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
On this day of August, 1980, before me, a Notary
Public in and or said State, personally appeared J. R. KDIPLE,
known to me to be the person whoexecutedthe within instrument
on behalf of the corporation therein named, and acknowledged to
me that such corporation executed the within instrument pursuant
to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
IL,f Of
Notary Public in and for said
County and State
OFFICIAL SEAL
CAROM BEARMORE
NOTARY PUBLIC-CALITOANIA
PRINCIPAL Of LICE IN
ILOS ANGELES COUNT/
My Commission Expires June 7, 1981
:Ritu;noriginal and three copies of
complete certificate to:
y Cit' of Huntington Beach
b Dept.
P. O. Box 190
Huntington Beach, California 92648
CERTIFICATE OF INSURANCE
TO
CITY OF HUNTINGTON BEACH, CALIFORNIA
A MUNICIPAL CORPORATION
Distribution: Original — Originating Dept.
After Approval Yellow — Risk Manager
By City Attorney Pink — City Clerk
Gold — City Attorney
This is to certify that the policies of insurance as described below have been issued to the insured by the under-
signed and are in force at this time. If these policies are cancelled or changed in such a manner that will affect this certificate, the
insurance company agrees to give 30 days prior written notice, by mail, to City of Huntington Beach, P. O. Box 190, Huntington
Beach, California 92648.
Name of Insured
Address of Insured
Location of Insured Operations --
Description of Operations
DATE
POLICIES IN FORCE
POLICY
NUMBER
LIMITSOF,LIABILITY .
EFFECTIVE
EXPIRATION
k: Workers Compensation
i
Statutory
E►ployers' Liability
$ r
Pub1lc,Li li.4ye'
* $300,000 combined single
dice'
Bodiiy .Injury
limit per occur
Manufacturers an
Contractors
a
$ Eapo, arson
Comprehensive
-General-;
$ * Each�Accideht
(Including products'.completed
operations)
Property -Damage
Each �AccidintL'- -
Automobile Liability
"
*
Bodily Injury
$ Each fPer;on
Each.Accldent;
Property Damage
* jach Accident w
*,
Does poliby�dbver _
" A All owned automobiles
Non -owned automobiles
Hired auto obiles
- .. ,'IPiease. , eck;at;lt
I ( ) Yes
( ) Yes., ( .
( ) Yes '
Additional In ad Endorsement:
The incur agrees that the City of Huntington Beach and its City Council, and/or all City Council appointokgroups,
committees,, commissions, boards and any other City Council appointed body, and/or elective and 'appointive o�Fi' ra,
serva4ts or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for
adts of the Insured, and such insurance shall be primary to any insurance of the City of Huntington Beach'
E. Hold Harmless Agreement: By Insured: tin 4
(Signature)
The insured agrees to protect, defend, indemnify and save harmless the City of Huntington:Beach against loss; iiame`go or
expense byreason of any suits, claims, demands, judgments and causes of action caused by insured,:his employees, agents
or any subcontractor or by any third party arising out of or inconsequence of the performance of; all or,;arypoperations
covered by, the certificate of insurance.
'� RemarPs APPROVED AS TO. FORM
-,:�.u..•,'w�� ,.�.. ;>..; k, ,:. .tGAILIiUTTQii.,.,�.x�.:,3_.,.a
! f.
Date AUTHORIZED REPRESENTATIVE,OF'IN
INSURANCE COMPANY
Name
By
Address Address
Signature of Authoiiii
i
aZ ,r
�+=G'zltyAttorney
RA,NCE COMPANY
City Telephone