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ORDINANCE 1246ORDINANCE NO. 1246 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO CHEVRON U.S.A. PRODUCTS COMPANY A FRANCHISE FOR A PERIOD NOT TO EXCEED TEN YEARS TO OPERATE AND MAINTAIN A PIPELINE SYSTEM CONSISTING OF A SINGLE LINE OF PIPE TWELVE (12) INCHES IN INTERNAL DIAMETER FOR THE PURPOSE OF TRANSPORTING PETROLEUM PRODUCTS WITHIN SAID CITY. WHEREAS, CHEVRON U.S.A. PRODUCTS COMPANY, a division of CHEVRON U.S.A. Inc., a corporation, ( "Chevron "), filed an application with the City of El Segundo, California for a franchise to operate and maintain a single line of pipe for the transportation of petroleum products; and WHEREAS, the City Council by Resolution No. 3955, adopted on the 19th day of December 1995, declared its intention to grant said pipeline franchise to Chevron and did set January 16, 1996 as the date of the public hearing thereon; and WHEREAS, the City Clerk did publish a notice of the Public Hearing as directed by the City Council; and WHEREAS, on the 16th day of January 1996, said Public Hearing was held and it was determined by the City Council to grant said pipeline franchise to Chevron. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL SEGUNDO CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City hereby grants a non - exclusive Franchise to Chevron to operate and maintain a single line of pipe of twelve (12) inches internal diameter for the transportation of petroleum products by means of executing the Chevron Jet Fuel pipeline Franchise Agreement ( "Agreement" - Exhibit A). SECTION 2. The Mayor is hereby authorized to execute this ordinance, the Agreement and the attendant Grant of Subsurface Easement (Exhibit B) on behalf of the City. SECTION 3. The Franchise granted by this ordinance becomes effective after a duly authorized representative of Chevron executes the agreement and delivers it to the City Clerk. SECTION 4. Upon Chevron's delivery of the duly executed agreement to the City Clerk, the City Cleric shall cause the Grant of Subsurface Easement to be recorded in the Los Angeles County Recorder's office. SECTION 5. This ordinance shall become effective at midnight on the thirtieth (30) day from and after the final passage and adoption hereof. SECTION 6. 'rhe City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a note of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall within 15 days after the passage or adoption thereof cause the same to be published or posted in accordance with the law. PASSED, APPROVED AND ADOPTED this 1 ay January' 1996. Z__ -6er1 Jacobson, Mayor of the City of El Segundo, California ATTESTED: Ci y Mort a ,City Clerk (Seal) t V ED AS TO FORM: y Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CTTY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being ORDINANCE NO. 1246 is a full, true correct original of ORDINANCE NO. 1246 of the said City of El Segundo, California, entitled: AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, GRANTING TO CHEVRON U.S.A. PRODUCT'S COMPANY A FRANCHISE FOR A PERIOD NOT TO EXCEED TEN YEARS TO OPERATE AND MAINTAIN A PIPELINE SYSTEM CONSISTING OF A SINGLE LINE OF PIPE TWELVE (12) INCHES IN INTERNAL DI&MMR FOR THE PURPOSE OF TRANSPORnNG PETROLEUM PRODUCTS WiTi-IIN SAID CITY. which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 6TH DAY OF FEBRUARY, 1996, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Switz, Councilman Robbins, and Councilwoman Friedkin. NOES: None ABSENT: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO 1246, was posted and /or published in the manner prescribed by law. Y MO Cidy Clerk of the City of El Segundo, California Ordinance No. 1246 Exhibit "A" CHEVRON JET FUEL PIPELINE FRANCHISE AGREEMENT This Agreement is made and entered into by and between the City of El Segundo, a general law city, ( "City ") and Chevron U.S.A. Products Company, a division of Chevron U.S.A. Inc., a corporation, ( "Grantee "), this 1996. 16th day of January, , WITNESSETH The parties hereto agree as follows: SECTION 1. NATURE OF FRANCHISE. The City hereby grants a non - exclusive Franchise to Grantee for the term of ten (10) years from and after May 13, 1995, to lay and use pipelines, not to exceed twelve (12) inches in internal diameter, for the transportation of petroleum products thereof, in, under, along and across the public streets, highways, and alleys (hereinafter, collectively referred to as "streets "), in the City particularly described as follows: BEGINNING at a point in the South line of E1 Segundo Boulevard 20.00 feet easterly of the center line of Whiting Street; THENCE northerly across E1 Segundo Boulevard to a point 7.00 feet South of the center line of E1 Segundo Boulevard; THENCE easterly parallel to the center line of E1 Segundo Boulevard to a point 12.50 feet westerly of the center line of Virginia Street; THENCE northerly parallel to the center line of ^DOCNUM^ Ordinance No. 1246 Exhibit "A" Virginia Street and its extension to a point in Imperial Avenue lying 16.00 feet South of the center line of Imperial Avenue; THENCE easterly parallel to the center line of Imperial Avenue to a point 150.00 feet easterly of the center line of Virginia Street; THENCE northerly parallel to the center line of Virginia Street to the North City boundary. This Franchise is hereby granted to Grantee, and its lawful successors and assigns subject to the terms of this Franchise. This Franchise shall include the right, for the period and subject to the terms of this Agreement, to so maintain, operate, repair, and renew the pipeline system of Grantee authorized hereunder as already laid and constructed in said Streets, if any. SECTION 2. APPURTENANCES. The Grantee shall have the right, subject to the prior approval of the City Engineer, to construct and maintain such traps, manholes, conduits, valves, appliances, attachments, and appurtenances (hereinafter, collectively referred to as "appurtenances "), as may be necessary or convenient for the proper maintenance and operation of the pipelines under this Franchise. Said appurtenances shall be kept flush with the surface of the streets and located as to conform to any requirement of the City Engineer in regard thereto and not to interfere with the use of the street. The Grantee shall have the right, subject to such ordinances, rules, or regulations as are now or may hereafter be enacted or in force, to make all necessary excavations in said streets for the ^ DOCNUM^ —2— Ordinance No. 1246 Exhibit "A" construction and repair of said pipelines and appurtenances subject to the prior approval of the City Engineer and acquisition by Grantee of all necessary City permits. The City Engineer may impose reasonable conditions on the excavation work. SECTION 3. LOCATION OF PIPELINES. So far as is practicable, any pipelines laid shall be located along the edge or shoulder of the streets or in the parking areas adjacent thereto so as not to unreasonably disturb the flow of traffic and where possible shall be laid in the unpaved portion of the street, if any. SECTION 4. CONSTRUCTION OF PIPELINES. A. Terms of Construction The pipelines and appurtenances laid, constructed or maintained under the provisions of this Franchise shall be installed, maintained, and inspected by the Grantee in a satisfactory, safe, and workmanlike manner, of good material, and in conformity with all ordinances, rules, or regulations now or hereafter adopted or prescribed by the City Council, state, or federal authorities. The subject pipeline shall conform to applicable standards for pipelines imposed by the California State Fire Marshall and any other applicable regulatory authority, including, but not limited to, those standards under ^DOCNUM^ —3— Ordinance No. 1246 Exhibit "A" the California Pipeline Safety Act of 1981 (Government Code § 51010 et seq.). B. Restoration of Streets. The work of laying, constructing, maintaining, operating, renewing, repairing, changing and moving any of the pipeline system contemplated by this Franchise and all other work in exercise of this Franchise shall be conducted with the least possible hindrance or interference to the use of City streets by the public or by the City, and Grantee shall provide all necessary warning, safety and traffic control devices as are or may be required by City, county, state or federal regulations. All excavations shall be back - filled and adequately compacted. The surface of City streets shall be placed in as good and serviceable condition as existed before commencement of the work and to the satisfaction of the City Engineer. Restoration of the streets is to be completed in accordance with plans approved by the City. If Grantee fails to restore the excavation to the satisfaction of the City Engineer, the City or its agents may, at the City's sole discretion, restore the excavation site to the satisfaction of the City Engineer. Grantee shall pay all costs associated with such restoration of the excavation site ^ DOCNUM^ -4- Ordinance No. 1246 Exhibit "A" within ten (10) days after service by the City of an itemized bill. SECTION 5. COMPENSATION TO THE CITY A. Amount of Annual Franchise Fee. As consideration for the Franchise granted under this Agreement, the Grantee shall pay an annual Franchise Fee to the City. The Franchise Fee shall be paid annually to the City in lawful money of the United States within sixty (60) days after the end of each calendar year. Any neglect, omission or refusal of Grantee to pay the annual Franchise Fee or provide any information required under this Section at the time or in the manner required shall constitute grounds for declaration of a forfeiture of the Franchise and all rights thereunder. Acceptance by the City of any payment of the Franchise Fee shall not be construed as a release, waiver, acquiescence, or accord and satisfaction of any claim the City may have for further or additional sums payable under this Agreement or for the performance of any other obligation hereunder. The base rate of the annual Franchise Fee shall be Twenty Thousand Dollars ($20,000) for the ten (10) years of the term of this Franchise. The base rate shall be adjusted annually pursuant to Subparagraph B below. ^ DOCNUW —5— Ordinance No. 1246 Exhibit "A" B. Computation of Payments Grantee shall be subject to the Franchise Fee for each calendar year from the effective date of this Franchise, to and including the date of either actual removal of the facilities or the effective date of a properly approved abandonment "in place" authorized by the City and until the Grantee shall have fully complied with all the provisions of this Franchise and of all other applicable provisions of law or ordinance relative to such removal or abandonment. All such payments shall be made payable to the City, and shall be supported by the Grantee's verified statement concerning the computation thereof. Provided, however, that the amount of each annual payment shall be computed and revised each calendar year as follows: The applicable base rate shall be multiplied by the Consumer Price Index for the area, as published by the United States Department of Labor, Office of Information for the month immediately preceding the month in which payment is due and payable, and divided by the Consumer Price Index for May 15, 1995, which is declared to be 155.1. Under no circumstances shall the multiplying factor be less than one. ^ DOCNUM^ —6— Ordinance No. 1246 Exhibit "A" C. Administrative Fee For Processing Franchise In consideration for the granting of this Franchise, and to reimburse the City for its administrative expenses in preparing and approving the Franchise documents, Grantee shall pay the City One Thousand Dollars ($1,000.00) within thirty (30) days of the effective date of this Franchise. SECTION 6. EMERGENCY PREPAREDNESS. A. Emergency Response Teams 1. At all times during the term of this Franchise, the Grantee shall maintain on a twenty -four (24) hour -a -day basis, adequate emergency equipment and a properly trained Emergency Response Team, which shall be composed of an adequate number of trained, responsible persons who shall be prepared to respond and who shall respond in any pipeline emergency, including any release, spill, leak, pumping, pouring, emitting, emptying, injecting, escaping or leaching of any regulated material from any facilities installed or maintained by Grantee pursuant to this Franchise (referred to collectively in this Agreement as "pipeline ") into the environment, including any sewer, storm drain, ditch, waterway, surface water, ground water, land surface, sidewalk, street or highway, subsurface strata or ambient air. Grantees Emergency Response Team members shall be familiar with the emergency response plans and "DOCNUM" —7— Ordinance No. 1246 Exhibit "A" the chemical nature of materials at or in the pipeline, and shall act as liaison to the City's Fire Chief in any emergency and will comply with all state and federal requirements regarding emergency response. B. Required Plans Upon submission of this Franchise to the City Council, Grantee shall submit to the City Fire Chief all plans, inventories, or other information relating to hazardous materials and emergency response (hereinafter, collectively, "Plans ") required by the City Fire Department or any other state or federal agency requirements, to be submitted on an annual basis. Grantee shall pay the City all applicable fees for review and approval of each Plan. Grantee shall also comply with any requirements for Plans imposed by any federal, state or local authority during the term of this Franchise. SECTION 7. MAINTENANCE AND REPAIR. Grantee shall maintain and keep in good repair all pipelines and appurtenances authorized under this Franchise. Grantee shall cause all safety control systems at the pipeline to be tested not less frequently than annually, and shall maintain them in good working ^ DOCNUM^ —8— Ordinance No. 1246 Exhibit "A" condition. Maintenance and testing shall be performed by persons qualified to perform the maintenance and tests. Grantee shall immediately make all repairs to streets or City property made necessary by any of the operations of Grantee under this Franchise upon approval of plans by the City Engineer and obtaining all necessary City permits. If Grantee fails to make said repairs to streets or City property, Grantee shall pay to the City upon demand all costs which the City incurs in making said repairs. SECTION 8. REARRANGEMENT OF FACILITIES. A. Expense of Grantee. 1. If any of the Grantee's facilities shall, in the reasonable discretion of the City, endanger the public in the use of the streets or interfere with or obstruct the use of any street by the public or for public purpose, the City shall have the right to require Grantee to move, alter or relocate the facilities (hereinafter called "rearrangement ") to avoid such danger, interference or obstruction, in conformity with the written notice of the City Engineer, at the Grantee's sole expense. 2. Whenever, during the term of this Franchise, the City, including any water, electric, gas or other utility system hereafter owned or operated by the City, any community ^DOCNUM^ -9- Ordinance No. 1246 Exhibit "A" facilities or assessment district, or any other agency established by the City, shall change the grade, width, alignment or location of any street, way, alley or place or improve any said street in any manner, including, but not limited to, the laying of any sewer, storm drain, conduits, gas, water or other pipes, pedestrian tunnels, subway, viaduct or other work of the City (the right to do all of which is specifically reserved to the City without any admission on its part that it would not otherwise have such rights), the Grantee shall, at its own cost and expense, do any and all things to effect such change in position or location of any of its facilities in conformity with the written approval of the City Engineer, including, without limitation, the removal or relocation of any facilities installed, if and when made necessary by the determination of the City Engineer. B. Expense of Others 1. The City shall also have the right to require the Grantee to rearrange any part of the Grantee's facilities for the accommodation of any private person, firm, or corporation. When such rearrangement is done for the accommodation of any private person, firm or corporation, the cost of such rearrangement shall be borne by the accommodated party. Such accommodated party, in advance of such rearrangement, shall deposit with the Grantee cash or a corporate surety bond in an amount, as in the reasonable ^DOCNUM^ —10— Ordinance No. 1246 Exhibit "A" discretion of the Grantee, shall be required to pay the costs of such rearrangement. 2. The rearrangement referred to in subsection (1) of subparagraph B of this Section shall be accomplished in conformity with the written notice of the City Engineer and plans approved by the City Engineer. C. Rearrangement of the Facilities of Others. Nothing contained in this Franchise shall be construed to require the City to move, alter or relocate any of its facilities upon said streets, at its own expense, for the - convenience, accommodation or necessity of any other public utility, person, firm or corporation now or hereafter owning a public utility system of any type or nature, or to move, alter or relocate any part of its system upon said streets for the convenience, accommodation or necessity of the Grantee. D. Notice. The Grantee shall be given not less than thirty (30) days written notice of any rearrangement of facilities which the Grantee is required to make under this Section. Such notice shall specify in reasonable detail the work to be done by the Grantee and shall specify the time that such work is to be accomplished. In the event that the City shall change the provisions of any such notice given to the Grantee, the Grantee shall be given an additional, reasonable period of time to accomplish such work. ADOCNUM^ -11- Ordinance No. 1246 Exhibit "A" SECTION 9. REMOVAL OR ABANDONMENT OF FACILITIES. At the time of expiration, revocation or termination of this Franchise or the permanent discontinuance of the use of its facilities, or any portion thereof, the Grantee shall, within thirty (30) days thereafter, make a written application to the City Engineer to either: (1) abandon all, or a portion, of such facilities in place, or (2) remove all, or a portion, of such facilities as the City Engineer, in his discretion, shall consider to be appropriate. Such application shall include a closure plan, which shall demonstrate to the satisfaction of the City Engineer and the City's Fire Chief that any regulated materials which have been stored or transported in the pipeline have been or will be transported, disposed of or reused in a manner consistent with public health and safety, and shall describe the facilities desired to be abandoned by reference to the map or maps required by Section 6 of this Agreement and shall also describe with reasonable accuracy the relative physical condition of such facilities. Thereupon, the City Engineer and the Fire Chief shall determine whether any proposed abandonment or removal may be effected without detriment to the public interest or under what conditions such proposed abandonment or removal may be safely effected and shall notify the Grantee, according to such requirements as shall be specified in the City Engineer's and Fire Chief's order to either: 1. Remove all or a portion of such facilities, or ^ DOCNUM^ —12— Ordinance No. 1246 Exhibit "A" 2. Abandon in place all or a portion of such facilities, subject to reasonable conditions imposed by the City Engineer, Fire Chief and the City Attorney to protect public health, safety and welfare, and to protect the City against future liability. If any facilities to be abandoned in place subject to prescribed conditions shall not be abandoned in accordance with all such conditions, the City Engineer may make additional appropriate orders, including, as the City Engineer deems desirable, an order that the Grantee shall remove all such facilities in accordance with applicable requirements. If the facilities are abandoned, all right, title and interest in said facilities shall remain with Grantee and the City shall not acquire any possessory, equitable or other interest in the facilities. SECTION 10. COMPLETION OF WORK. In the event that the Grantee fails to commence any work or act and diligently proceed therewith, or to complete any such act or work required of the Grantee by the terms of this Franchise within the time limits required hereby, the City may cause such act or work to be completed by the City or, at the election of the City, by a private contractor. The Grantee agrees to pay the City, within ten (10) days after delivery of an itemized bill, the cost of performing such act or work plus an amount equal to twenty -five ^DOCNUM^ —13— ordinance No. 1246 Exhibit "A" percent (25 %) thereof for overhead. If the Grantee is dissatisfied with any decision made by the hereunder or the determination of the cost by the City pursuant to this Agreement, it Council to review the same within ten (10) decision or determination. The decision o shall be final and conclusive. City Engineer of any work performed may petition the City days after such f the City Council SECTION 11. BOND. Grantee shall, within thirty (30) days of the effective date of this Franchise, file with the City Clerk, and yearly thereafter, maintain in full force and effect, a bond in favor of the City in the penal sum of Five Hundred Thousand Dollars ($500,000.00), with a surety to be approved by the City Finance Director, conditioned that Grantee shall, will and truly observe, fulfill, and perform each and every term and condition of this Franchise, and in case of a breach of condition of said Franchise, at the discretion of the City Council, the whole amount of the penal sum therein shall be paid to the City in addition to any damages recoverable by the City and shall be recoverable from the principal and sureties of the bond. If said bond is not so filed, the award of this Franchise will be set aside and any money paid by Grantee hereunder will be forfeited. Whenever a bond is taken and deemed to be liquidated damages for any breach of a term or condition of this Franchise, the Grantee must immediately file another bond of like amount ^ DOCNUM^ -14- Ordinance No. 1246 Exhibit "A" and character, and if the Grantee fails to do so within the time set by the City Council, the Council may, by resolution, declare said Franchise forfeited. Nothing herein shall insulate Grantee from liability in excess of the amount of said bond or shall be construed as a waiver by the City of any remedy at law against the Grantee for any breach of the terms and conditions of this Franchise, or for any damage, loss or injuries suffered by the City in case of any damage, loss or injury suffered by any person, firm, or corporation by reason of any work done or any activity conducted by the Grantee in the exercise of this Franchise. SECTION 12. INSURANCE REQUIREMENTS. A. Liability Insurance. The Grantee may, prior to the effective date of this Franchise, provide to the City a signed certification acknowledging the Grantee is self- insured for liability claims arising out of Grantees use of this Franchise, in lieu of a policy or policies of general liability insurance, in the following amounts: comprehensive general liability insurance endorsed for contractual, broad form property damage and personal injury with a combined single limit of not less than $1,000,000.00 per occurrence; comprehensive auto liability endorsed for all owned and non -owned vehicles with a combined single limit of not less than $1,000,000.00 per occurrence; and hazardous materials and hazardous waste ^ DOCNUM^ -15- Ordinance No. 1246 Exhibit "A" discharge coverage in an amount of not less than $1,000,000.00 per occurrence. B. Workers' Compensation Insurance. Prior to the effective date of this Franchise, Grantee shall file with the City the following signed certification: "I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers' Compensation or to undertake self insurance before commencing any of the work." Grantee shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Franchise, complete Workers' Compensation Insurance as required by the State of California. C. Additional Insured. The City and its respective elective and appointive officers, officials, employees and agents shall be named as additional insured on the liability self - insurance certification required under this Franchise. The coverage shall contain no special limitation on the scope of protection afforded to the City, its officers, officials, employees and agents. For any claims related to the Franchise, the Grantee's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and ^ DOCNUM^ -16- Ordinance No. 1246 Exhibit "A" at law or in equity, damages, losses or liability of any kind or nature, including but not limited to personal injury or death or property damage, arising out of the Grantee's or its predecessors or successors exercise of this Franchise or operation of the pipeline system hereunder, regardless whether any act or omission is authorized, allowed, or prohibited by this Franchise. Additionally, Grantee shall indemnify, defend, and hold harmless City its elective and appointive boards, officials, officers, employees, agents, volunteers, assigns and any successor or successors to City's interest (hereinafter, collectively, "City ") from and against any and all claims, demands, losses, defense costs, attorney's fees, fines, penalties, expenses, causes of action and judgments at law or in equity, damages, losses or liability of any kind or nature, including but not limited to personal injury or death or property damage, and other expenses of any nature including, without limitation, all foreseeable and all unforseeable consequential damages, the cost of any required or necessary repair, cleanup, or detoxification, or the preparation and implementation of any response, remedial, removal, closure or other required plans (regardless of whether undertaken due to government action) arising out of or attributable to the presence, use, generation, storage, transportation, release, or disposal of Hazardous Material arising out of the Grantee's or its predecessors or successors exercise of this Franchise or the ^ DOCNUM^ -18- ^ DOCNUM^ -19- ^DOCNUM^ —20— Ordinance No. 1246 Exhibit "A" B. Accordingly, the City Council may, in its discretion, assess liquidated damages not to exceed the sum of FIVE HUNDRED DOLLARS ($500.00) per day, for each calendar day that Grantee is in material breach of this Franchise. This provision for liquidated damages shall not be deemed an exclusive remedy or afford the exclusive procedure for remedying a material breach of this Franchise. C. The City finds, and Grantee acknowledges and agrees that the above - described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which Grantee has been found by the City to be in material breach of this Franchise. Grantee shall pay any liquidated damages assessed by the City within ten (10) working days after they are assessed. If they are not paid within the ten working day period, the City may, in addition to any other remedies, order the termination of this Franchise. D. The Grantee specifically agrees that failure to complete any portion of construction work or restoration of streets in accordance with the schedule set forth in the approved plans shall constitute a material breach of this Franchise for purposes of this Section. ^DOCNUM^ —22— Ordinance No. 1246 Exhibit "A" E. Both parties acknowledge and agree to the liquidated damages provisions of this Section as evidenced by their signatures below: "G ra/ntee ' F. G. Soler Chevron U.S.A. Products Company Assistant Secretary SECTION 15. ASSIGNMENT. °City" MAYOR CAR JACOBSON A. Grantee shall not transfer, sell, hypothecate, sublet or assign the Franchise, nor shall any of the rights or privileges therein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, except the Grantee, either by act of the Grantee or by operation of law, without the prior consent of the City expressed by resolution. The aforesaid provisions of this Section shall not prohibit the Grantee from using its pipelines for the purpose of transporting for other persons jet fuel, oil, petroleum, gas, gasoline or water, but in such event the Grantee shall be responsible to the City for the full performance and observance of the terms and conditions of this Franchise. B. Any sale, lease or assignment of this Franchise of the rights or privileges granted hereby, or any of them without ^ DOCNUM^ -23- ordinance No. 1246 Exhibit "A" the prior written consent of the City Council shall be null and void. C. The City shall not unreasonably withhold its consent to a transfer of this Franchise. For the purpose of determining whether it shall consent to such change, transfer, or change in control, City may inquire into the qualifications of the prospective transferee or controlling party, and Grantee shall assist City in any such inquiry. In seeking City's consent to any change of ownership or control, Grantee shall have the responsibility of insuring that transferee completes an application in form and substance reasonably satisfactory to City. An application shall be submitted to City not less than ninety (90) days prior to the date of transfer. The Grantee shall be required to establish that it is in material compliance with the Franchise. The transferee shall be required to establish that it possesses the qualifications and financial and technical capability to operate and maintain the pipeline and comply with all Franchise requirements for the remainder of the term of the Franchise. If the City finds that the legal, financial, technical and other public interest qualities of the applicant are satisfactory, and that the proposed transferee has the capability to operate and maintain the system and comply with all Franchise requirements for the remaining term thereof, the City shall consent to the transfer and assignment of the rights and obligations of the Franchise. The City may condition ^DOCNUM^ -24- Ordinance No. 1246 Exhibit "A" the transfer to insure the transferee is in material compliance, and remains in material compliance with the Franchise. D. Notwithstanding the above, Grantee shall be entitled to pledge, encumber, or grant any security interest in the Franchise, provided that Grantee shall first notify and obtain City consent in writing of such proposed transaction. City shall consent to such transaction, subject, however, to the following conditions: 1. Any consent so granted shall not be deemed a consent to such pledgee, encumbrancer, or secured party to exercise any rights or prerogatives of Grantee under the Franchise, nor to its exercise of any rights or prerogatives as a holder of an ownership interest in Franchise. 2. Any consent so granted shall not be deemed a consent to any subsequent transfer or assignment as referred to in this Section. Any such subsequent transfer or assignment shall be deemed an assignment of this Franchise within the meaning of this Section, and shall be subject to the provisions of this Section. 3. The pledgee, encumbrancer, or secured party shall have executed and delivered to City an instrument in writing agreeing to be bound by the provisions of the Franchise. ^ DOCNUW -25- Ordinance No. 1246 Exhibit "A" SECTION 16. RECEIVERSHIP AND FORECLOSURE. A. Subject to applicable provisions of the Bankruptcy Code, the Franchise shall, at the option of the City, cease and terminate one hundred twenty (120) days after the appointment of a receiver or trustee is to take over and conduct the business of the Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: 1. Such receiver or trustee shall have, within one hundred twenty (120) days after his election or appointment, fully complied with all terms of the Franchise and remedied all breaches of the Franchise or provided a plan for the remedy of such breaches which is satisfactory to the City; and 2. Such receiver or trustee shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every term, provision and limitation of the Franchise. B. Upon the foreclosure or other judicial sale of all or a substantial part of a pipeline system, the Grantee shall notify the City Clerk of such fact, and such notification shall be treated as a notification that a change in ownership of the ^ DOCNUMA -26- Ordinance No. 1246 Exhibit "A" Grantee has taken place and the provisions of this Franchise governing such changes shall apply. SECTION 17. WAIVER OF BREACH. No waiver of the breach of any of the covenants, agreements, restrictions, or conditions of this Franchise by the City shall be construed to be a waiver of any such succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Franchise. No delay or omission of the City in exercising any right, power or remedy herein provided in the event of default shall be construed as a waiver thereof, or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than is herein provided be construed as a waiver of or variation in any of the terms of this Franchise. SECTION 18. DEFAULT A. Default. In any event that the Grantee shall default in the performance of any of the terms, covenants and conditions of this Franchise, the City Manager shall give written notice to the Grantee of such default. In the event that the Grantee does not commence the work necessary to cure such default within thirty (30) days after such notice is sent or prosecute such work diligently to completion, the City Council may declare this Franchise forfeited by giving written notice thereof to the ^ DOCNUM^ —27— Ordinance No. 1246 Exhibit "A" Grantee, whereupon this Franchise shall be void and the rights of the Grantee hereunder shall terminate and the Grantee shall execute an instrument surrendering the Franchise and deliver the same to the City. If the City Council declares this Franchise forfeited, it may thereupon and thereafter exclude the Grantee from further occupancy or use of all City streets authorized under this Franchise. A forfeiture of said Franchise shall not of itself operate to release the bond filed for said Franchise. Upon declaring a Franchise forfeited, the City Council may elect to take and accept the bond as liquidated damages therefore and pursue any other legal remedy for any damage, loss or injury suffered by the City as a result of such breach. After forfeiture, the bond shall remain in full force and effect for a period of one (1) year unless exonerated by the City Council. No bond shall be exonerated unless a release is obtained from the City Engineer of the City and is filed with the City Clerk. The release shall state whether all excavations have been back filled, all obstructions removed, and whether the substratum or surface of City streets occupied or used have been placed in good and serviceable condition. A release shall not constitute a waiver of any right or remedy which the City may have against the Grantee or any person, firm or corporation for any damage, loss or injury suffered by the City as a result of any work or activity performed by the Grantee in the exercise of this Franchise. ^DOCNUM^ —28— Ordinance No. 1246 Exhibit "A" B. Cumulative Remedies. No provision herein made for the purpose of securing the enforcement of the terms and conditions of this Franchise shall be deemed an exclusive remedy or to afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedy and procedure herein provided, in addition to those provided by law, shall be deemed to be cumulative. SECTION 19. SCOPE OF RESERVATION. Nothing herein contained shall ever be construed so as to exempt the Grantee from compliance with all ordinances of the City now in effect or which may be hereafter adopted which are not inconsistent with the terms of this Franchise. The enumeration herein of specific rights reserved shall not be construed as exclusive, or as limiting the general reservation herein made or as limiting such rights as the City may now or hereafter have in law. SECTION 20. NOTICE. Any notice required to be given under the terms of this Franchise, the manner of service of which is not specifically provided for, may be served personally or by United States First Class Mail as follows: A. Upon the City, by addressing a written notice to the Director of Public Works of the City of El Segundo, 350 Main Street, E1 Segundo, California 90245; ^ DOCNUM^ -29- Ordinance No. 1246 Exhibit "A" B. Upon the Grantee, by addressing a written notice to General Manager, E1 Segundo Refinery, Chevron U.S.A. Products Company, 324 W. E1 Segundo Boulevard, E1 Segundo, California 90245; C. Or such other address as may from time to time be furnished in writing by one party to the other and depositing said notice in the United States Mail, postage prepaid. When service of any such notice is made by mail, the time of such notice shall begin with and run from three days after the date of the deposit of same in the United States Mail. SECTION 21. SUCCESSORS. The terms herein shall inure to the benefit of and shall bind, as the case may be, the successors and assigns of the parties hereto, subject, however, to the provisions of Section 17. SECTION 22. INTERPRETATION. This Franchise is granted upon each and every condition herein contained, and shall be strictly construed against Grantee. Nothing shall pass by the Franchise granted hereby to Grantee unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of the Franchise. This Franchise shall be interpreted and construed according to the laws of the State of California. ^DOCNUM^ —30— Ordinance No. 1246 Exhibit "A" SECTION 23. ATTORNEYS' FEES. If litigation is reasonably required to enforce or interpret the provisions of this Franchise, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees, in addition to any other relief to which it may be entitled. SECTION 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Grantee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. SECTION 25. PUBLICATION EXPENSES. The Grantee of this Franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this Franchise; said payment to be made within thirty (30) days after the City shall have furnished said Grantee with a written statement of such expenses. SECTION 26. EFFECTIVE DATE OF FRANCHISE. This Franchise shall not be in effect unless and until the ordinance of the ^ DOCNUM^ -31- Ordinance No. 1246 Exhibit "A" City Council granting this Franchise is in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by its authorized representatives on the day and year first above written. CITY OF EL SEGUNDO ( "CITY ") _ MAYOR CARL / JACOBSON ATTEST: CITY CLERK C NDY MORTESEN APPROVED AS TO FORM: c/L CITY ATTORNEY c: \20825481 CHEVRON U.S.A. PRODUCTS COMPANY a division of Chevron U.S.A. Inc. a corporation ("Gr ntee" ) l ^ DOCNUM^ -32- F. G. Soler Assistant Secretary C hia Stewart Exhibit "B" Ordinance No. 1246 RECORDING REQUESTED BY: City of El Segundo City Clerk 350 Main Street El Segundo, C 90245 WHEN RECORDED MAIL TO: City of El Segundo City Clerk 350 Main Street El Segundo, CA 90245 GRANT OF SUBSURFACE EASEMENT WHEREAS, on July 20, 1959, the City of Los Angeles conveyed to the City of El Segundo certain real property described in that certain Grant Deed recorded in Book D561 at Page 787 through 790 of official records of the County of Los Angeles; and WHEREAS, said Deed imposed certain restrictions upon the use of said property by the City of El Segundo; and WHEREAS, on April 16, 1970, Ordinance No. 140,297 entitled: "AN ORDINANCE AUTHORIZING THE PRESIDENT OR TWO MEMBERS OF THE BOARD OF PUBLIC WORKS TO EXECUTE A CONSENT TO THE GRANTING OF CERTAIN SUBSURFACE PIPE LINE EASEMENTS BY THE CITY OF EL SEGUNDO; ", was passed by the Los Angeles City Council on April 16, 1970, approved by the Mayor of Los Angeles on April 20, 1970, and will become effective on May 31, 1970; and WHEREAS, by said Ordinance the City of Los Angeles consents to the granting of subsurface easements by the City of El Segundo for pipeline purposes in, under, through, and across, that certain parcel of real property conveyed by the City of Los Angeles to the City of El Segundo by Grant Deed recorded August 5, 1959, in Book D561 at Page 787 through 790 of official records of Los Angeles County, and further authorized the President of, or two members of, the Board of Public Works of the City of Los Angeles to execute the consent to grant said subsurface easements and the City Clerk to attest thereto; NOW, THEREFORE, THE CITY OF EL SEGUNDO, a municipal corporation, does hereby grant to Chevron U.S.A. Products Company, a division of Chevron U.S.A. Inc., a corporation (Grantee), a subsurface easement for a period commencing with the approval of this Grant of Subsurface Easement, ending on the 13th day of May, 2005, for the purpose of maintaining and operating one pipeline not exceeding twelve (12) inches internal diameter for the purpose of transporting aviation jet fuel over, across and along the following described real property: A strip of land 10.00 feet in width the center line of which is described as follows: BEGINNING at a point in the north line of Imperial Avenue (60 feet wide) 119.00 feet easterly of the center line of Virginia Street (50 feet wide); THENCE northerly 111.00 feet to the north city boundary. The City of El Segundo is to fully use and enjoy the premises except for the purpose granted to the Grantee. Grantee hereby agrees to maintain all pipes a sufficient depth so as not to interfere with the use of the property by the City of El Segundo, and to pay any damages which may arise as a result of its use. This grant of subsurface easement is not intended to and shall not be construed to permit the exercise of any rights which would cause a reversion of said premises to the City of Los Angeles, or to its successors or assigns. This Grant of Subsurface Easement will be of no virtue, force, or effect, except to the extent the same is consented to by the City of Los Angeles, pursuant to the authorization of the said Ordinance No. 140, 297. IN WITNESS WHEREOF, the said City of El Segundo has hereunto caused its corporate name and seal to be hereunto subscribed and affixed by its proper officers first thereunto duly authorized. APPROVED this 16th day of January, 1996 i -'Cad Jacobson, Mayor of the City of El Segundo, California ATTESTED: C�' �Mor(esen' City Clerk (Seal) APPROVED AS TO FORM: City Attorney Exhibit "B" Ordinance No. 1246 . 1-1 October 07, 1997 City of El Segundo 350 Main St. El Segundo, CA 90245 Ordinance #1246 R/W 90181 NOTICE OF CHANGE OF ADDRESS Chwmn %$ Chevron Please change the mailing address for matters concerning the referred Ordinance to the following: Chevron Pipe Line Company P.O. Box 2930 Bakersfield, CA 93303 -2930 Attn: V. L. Menapace Our phone and fax numbers will remain the same. The number is (805) 632 -1000 and the general fax is (805) 632 -1113. If you already have a specific individual's number, by all means please call them directly. Sincerely Vanita L. Menapace ROW Specialist Chevron Chevron Chevron Pipe Line Company West Coast Corridor 5080 California Avenue, Suite 400 Bakersfield, CA 93309 -1671 May 15, 1996 Re: Chevron Jet Fuel Pipeline Franchise Agreement with the City of El Segundo made and entered into January 16, 1996 City of El Segundo 350 Main Street El Segundo, CA 90245 Attention: Ms. Donna Krater Gentlemen* Section S.A. of the referenced Franchise Agreement provides that the annual franchise fee is due within sixty (60) days after the calendar year As Section 1. provides that the Franchise Agreement is for a term of ten (10) years from and after May 13, 1995, we wish to clarify that the annual franchise fee is due within sixty (60) days after May 13th of each year (i e. July 12th). Also, Section S.A. of the Franchise Agreement provides that the base rate ($20,000) shall be adjusted annually pursuant to Section 5.B. This section provides that the base rate shall be multiplied by the Consumer Price index (CPI) for the area, as published by the United States Department of Labor, Office of Information for the month immediately preceding the month in which payment is due and payable and divided by the CPI for May 15, 1995, which is declared to be 155.1. Inasmuch as the CPI lags behind a few months and, therefore, the CPI is not available for the month immediately preceding the month in which payment is due and payable, we wish to clarify that the underlined portion above is intended to provide "for the month which is three months prior to the month in which payment is due and payable (i.e. April) ". If these clarifications meet with your approval, please so indicate in the space provided below and return one copy of this letter to this office. If you have any questions regarding this matter, please contact either Ms. Vanita Menapace at (805) 632 -1111 or me at (805) 632 -1166. Sincerely ">J -, z Scott Williams AGREED to and ACCEPTED this day of �� day of 1996. CITY 6A SEGUNDO By. Chevron Chevron Chevron Pipe Line Company West Coast Corridor 5080 California Avenue, Suite 400 Bakersfield, CA 93309 -1671 March 25,1996 Re: Chevron Jet Fuel Pipeline Franchise Agreement With the City of El Segundo City of El Segundo 350 Main Street El Segundo, CA 90245 Attention: Ms Donna Krater Gentlemen: In accordance with Section 11 (Bond) and Section 12 (Insurance Requirements) of the referenced franchise agreement, enclosed is the bond and the self- insurance letter (liability and worker's compensation insurance). We believe these items satisfy all of the requirements of the noted sections of said agreement. If our understanding is incorrect, please advise us as soon as possible. If you have any questions regarding this matter, please contact the undersigned at (805)632- 1166. Sincerely, Scott R. Williams Enclosure March 5, 1996 Chevron %00 Chevron Chevron Corporation Re: Contract(s) between Chevron U.S.A. Products Company, 225 Bush St , suite 474 a Division of Chevron U.S.A. Inc. and the City of El Segundo P O Box 7137 San Francisco, CA 94120 -7137 Phone 415 894 3101 Fax 415 894 6169 Treasury Department Clof El Segundo Insurance Division Ty g H. Derrill Millar 350 Main Street El Segundo, CA 90245 Gentlemen: Chevron Corporation and its subsidiaries are covered for property and liability exposures through major worldwide insurance programs with large deductibles. Losses that fall within these deductible levels, including those for which a Chevron company is contractually liable, are paid through the financial resources of the Company and are administered by Chevron Corporation under its Self- Administered Claims Program, hereinafter referred to as the Program. This is to advise you that the property/liability insurance requirements of the subject contract(s) fall within the deductible levels of Chevron's insurance programs. Therefore, losses for which Chevron is responsible under the contract will be handled under the above - described Program. The scope of this Program is equal to the insurance requirements of the subject contract. Under this Program, we will indemnify and hold harmless the City of El Segundo and its respective elective and appointive officers, officials, employees and agents for any occurrence for which Chevron U.S.A. Products Company is contractually responsible. Such responsibility, however, is limited strictly to the indemnity obligations assumed under the subject agreement. We further advise you that Workers' Compensation insurance requirements for Chevron companies are satisfied through insured/self- insured programs depending upon the location of the employee's workplace. U. S. Longshore and Harbor Workers' Act coverage is self - insured. Unless canceled earlier, this letter will remain in effect until the expiration or earlier termination of the subject contract (or any renewal thereof). If this program is canceled or materially changed, we will provide you with 30 days' written notice. Yours truly, RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY UNITED PACIFIC INSURANCE COMPANY RELIANCE NATIONAL, INDEMNITY COMPANY ADMINISTRATIVE OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that RELIANCE SURETY COMPANY Is a corporation duly organized under the laws of the State of Del- aware, and that RELIANCE INSURANCE COMPANY and UNITED PACIFIC INSURANCE COMPANY, are corporations duly organized under the laws of the Commonwealth of PerrhsylvArtia and that RELIANCE NATIONAL INDEMNITY COMPANY is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called "the Companies ") and that the Companies by virtue of signature and seals do hereby make, constitute and appoint Mary R. Berry, of San Francisco, CoNfornis their true and lawful Attorney(s)-in -Fact, to make, execute, seal and deliver for and on their behalf, and as their act and deed any and all bonds and undertakings of suretyship and to bind the Companies thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the Companies and sealed and attested by one other of such officers, and hereby ratifies and confirms all that their said Attorneys) -in -Fact may do in rsuance hereof. This Power of Attorney is granted under and by the authority of Article VII of the By -Laws of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMPANY, and RELIANCE NATIONAL INDEMNITY COMPANY which provisions are now In full force and effect, reading as follows: ARTICLE VII - EXECUTION OF BONDS AND UNDERTAKBNIBS 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice Preefdsnt or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (a) appoint Attomey(s)- m-Fact and to authorize them to execute on behalf of the Company, bonds and undartayings, eseogniiancces, contracts of indemnity and other writings obligatory in the nature thereof, and (b) to remove any such Attorneys) -In -Fact at any time and revoke the power and authonty given to them 2 Attorneys) -in -Fact shall have power and authority, subject to the terms and limitations of the Power of Attorney issued to them, to execute deliver on behalf of the Company, bonds and undertakings, reeognuenees, contracts of indemnity and other writings obligatory in the nature thereof The corporate seat is not necessary for the va)idity of any bonds and undertakings, recognizancea, contracts of Indemnity and other writings obligatory in the nature thereof 3. Attorney(s)-in-Fact shall have power and authority to execute affidavits required to be attached to botrfs, reeogriltdhe", contracts of indemnity on other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or dray article or section thereof. This Power of Attorney Is signed and sealed by facsimile under and by authority of the following resolution adopted by the Executive and Finance Committees of the Boards of Directors of Reliance Insurance Company, United Pacific Insurance Company and Reliance National Indemnity Company by Unanimous Consent: dated as of February 29, 1994 and by the Executive and Financial Committee of the Board of Directors of Reliance surety Company by Unanimous Consent dated as of March 31, 1994. 'Rasolved that the signatures of such directors and ofticed and the sad of the Company may be affixed to any such Power of Attorney or arty certificates relating thereto by facsimile and any such Power of Attorney or certificate bowling such facaffri a signatures or facsimile seat shall be valid and binding upon the Company and any such Power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company, in the future with respect to any bond or undertaking to which it Is attached WITNESS WHEREOF, the Companies have caused these presents to be signed and their corporate seals to be hereto affixed, this November 14, 95. RELIANCE SURETY COMPANY RELIANCE INSURANCE COMPANY y�'K4a UNTMV PACIFIC INSURANCE COMPANY �°i4, , � •"ee`' RELIANCE NATIONA'L'INDEMNTTY COMPANY STATE OF Washington } COUNTY OF King } SS. On this, November 14, 1995, before me, Janet Blankley, personally appeared Lawrence W. CartsUom, who acknowledged himself, to be the Senior Vice President of the Reliance Surety Company, and the Vice President of Reliance Insurance Company, United Pacific Insurance Company, and Reliance National Indemnity Company Ind that as such, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himself as its duIy_Aj014V4@d officer. In witness whereof, I hereunto set my hand and official seal '�- Notary Public in and for the State of Washington Rest ng at Puyallup 1, Robyn Layng, Assistant Secretary of RELIANCE SURETY COMPANY, RELIANCE INSURANCE COMPANY, UNITED PACIFIC INSURANCE COMP- ANY, and RELIANCE NATIONAL INDEMNITY COMPANY do hereby certify that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force and effect. a IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 1416L day of 19 fir Assistant Secretary 4 � W CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT N AQ State of ral i fornia County of San Francisco On 03/20/96 before me, Helen A. Weires, Notary Public DATE NAME, TITLE OF OFFICER - E G, -JANE DOE, NOTARY PUBLIC- personally appeared Mary R. Berry, Attorney —in —Fact NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satlSfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the HELENA WEIflES HELM a,000as7 person(s) acted, executed the instrument. m NOTARY PUBLIC • CALIFORNIA (A U SAN FRANCISCO COUNTY N My COMM Expires Aug 11, 1997 15 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL No 5907 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL © ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) United Pacific Insurance Company DESCRIPTION OF ATTACHED DOCUMENT Surety Bond TITLE OR TYPE OF DOCt LENT 1 NUMBER OF PAGES 03/20/96 DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of C a t I c y •^ 1 s County of C On 3/2+)q6 before me, R „d.e— A • 'I'o �+trs o--- Ne }•. P -b t. ATE NAME, TITLE OF OFFICER - E G, "JANE DOE, NOTARY PUBLIC' personally appeared l 4 r7­1 : I L 4 r- , R s s s wt T. e c. Jam. � er NAME(S) OF SIGNER(S) ❑ personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), i UMVANDl*W A. TOWA" or the entity upon behalf of which the COIrNM. #1014805 Noran►rvaa— Cdffarto person(s) acted, executed the instrument. SMI FRANCISCO COIJW Comm. 8068 JAN X.1"1 WITNESS my hand and official seal. ,.� "4. SIGNATURE OF NOTARY OPTIONAL No 5907 Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) %► Q v rsv�. LL Sj:�- e- DESCRIPTION OF ATTACHED DOCUMENT S "ra--6 7 Son.A TITLE O TYPE OF DOCUMENT NUMBER OF PAGES 3 j z'd 4,io DATE OP DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave, P 0 Box 7184 - Canoga Park, CA 91309 -7184 CITE 02 M. SEGUNDO BOND POR FAITS I)L PEP"PSANCE KtXW ALL FM- 14 8Y THOSE FRE.==S: Effective Date: January 16, 1996 sow ft.U80 51 20 -1295 Pr e m iQm crl _Annum Tina •O, Chevron U.S.A. Products Company, A Division of Chevron U.S.A. Inc. memo Ee98 as Pri.aoip;l. and United Pacific Insurance Company ( raty caapany as suiet 'j. 8 -e Selz and 9"h%ly z.'wAW Qlgco the City of �t 5 unao, and each ofP ee= and mployee thereof, in tax xesa of Five Hundred Thousand - - - -- dollars ($ 500.0 0 .00 -- }, for taa gapment of vbie suns wQ WO ;urse ves, our hosts, executors. adminia=ators, auctessors, and asciQ:%s. 50in•cly and sego =ally, fir-mly by theme presents. The condition of the £nregaing obligation is such that whet -Oa,s P-i.acipal has entered into or is aboaAt to ante= into the annexed 4;rearnent with thQ City of P.L Segundo, pursuant to the authority of tilt Subdivision Map Act Division Z, (Comeneing with Gootion 66410), of Title 7 of the Oeve:.-went Code ate any amendmeats thereto aD6 vursuant to tht authority of the Sabdi.vision Ordinanea of the City of El Segundo for construction of highway *-.id drainage 1moraveflents and is regUirad by said City to give this aostd in eoraectioa with the execution of paid contract: %he coadit %n of thLC obli,gariort is such that if the above bounded principal, his or its amcutored adoaini9rsatvrs, smacssvrs, or a,sig:na, aha31 in all things stand to and abide by, and well and trul keep ar4 perfoak the eoversants, coalitions and previsions in the bail agreemeat atsd any alteration tnarsof n,bde as herein ptovf.ded on his or their par=t, to be leapt sad perfaD%ed at the kime and in the - Nali�ar therein =pacified asO irb all respects according to their true intent and meaning and shall i.ademaity aril wave aalralass tho City of 21 Std =do, its officort. agents and emplv� es, as theraia stipulated, Shen this obligation shall beaasie null and void, ethe =wise it shall be and = onai.n in full force and effect. As a part of the obligation sacurea hereby and in addition to the face mouar. specified therefor, the =e small bo included costs and _damnable expenses and tees, ;ncluding•xcaselable attorney's Fees, incurred by City in succassfuLly en£o_cilig GUeb dbligat:i.onr all LO he taxed as cows and included is any judgement =etde :dd. The s,rsacy hereby stipulates and aureas that no Change, exteasian of times, 8tteration or additioZ to the Maras of the agrerAzant or to tho work to be performed thereunae= or the specifications aceovpalying the same Shall in anywise affect tea obligations on "in bond, and it dm -a hereby waive notice of any such charge, 61=00 ;10n of times, alaerbhion a_ addition to the terms of the a0recoent ar to the wo=k or the specifications. The provisions of section 2843 of the Civil Code are naL a eosiditloo peecedent to t1w surettiy'a obli.gotioa ho eunder and are hereby waived Cy the surety. WITNESS our $arl9r this 20th day at March 1996 (N=O) Chevron U.S.A. Products Company, A Division of Chevron U.S.A. Inc. �/ L'- �—,� By I By: H. 0. Millar AssisLar +t Treasurer Sr5 area wen United Pacific Insurance Company 13Y i Mary �err, Attorney�in- By= $y= 5 @cretary er _ r United Pacific Insurance Company Surety 8Y: Mary a. Bgrr Attorney— — Title Tess San Francisco- CA 241 2LLL S=GIRA=M MUST BE 1[I ?dBSSED 8Y [iOrsegY (Attach app,optiate jv:ats)