ME017THIS AGREEMENT, dated the 16th day of November, 1970, by and between
STANDARD OIL COMPANY OF CALIFORNLA, a corporation, hereinafter termed "Standard ",
and CITY OF EL SEGUNDO, a political subdivision of the State of California,
hereinafter termed "City ",
W I T N E S S E T H•
1. Standard, for and in consideration of the full and prompt
performance of the things to be performed by City, as hereinafter set out
and contained, hereby gives permission to City, subject to termination as
hereinafter provided and under the terms, conditions and provisions herein-
after contained, to create and maintain cut slopes and fill slopes on that
certain real property (hereinafter called "said premises ") situate in the
County of Los Angeles, State of California, and described as follows:
Those portions of Sections 7 and 18, Township 3 South,
Range 14 West, S.B.M., in the Rancho Sausal Redondo, in
the City of E1 Segundo, County of Los Angeles, State of
California, as shown on Exhibit "A" attached hereto and
made a part hereof.
2. Standard, its successors or assigns, shall have the right at
any time to remove such cut slopes and fill slopes or portions thereof upon
providing in place thereof other adequate lateral support for the protection
and support of Standard's lands and City's adjacent street, and thereupon the
rights granted herein shall cease and terminate as to that portion of said
premises where the slopes have been so removed.
3. City shall finish all cut slopes created on said premises with a
12 to 1 side slope, and City shall finish all fill slopes created on said
premises with a 12 to 1 side slope.
4. Before any excavations are made on said premises and during all
times that work is being performed, City shall plainly mark the exact location
of all pipelines or other facilities which may be below the surface of the
ground or otherwise not plainly visible, and City shall accept responsibility
for so doing and be liable for all loss, damage, injury or death caused or
contributed to by any lack of or improper marking.
5. All operations hereunder by the City shall be conducted in a
safe and workmanlike manner, and the City shall exercise all reasonable
precaution to avoid injury to persons or damage to or loss of property in
exercising the permission hereby given.
6. The permission herein given to City may, at the option of City,
be exercised by any agent or contractor of City provided, however, that
(a) City will notify Standard in writing of the name of the agent or contractor;
(b) City agrees that the conditions contained in this permit shall be made a
part of any contract with such agent or contractor; and (c) City will require
its agent or contractor to hold Standard harmless from all claims for injury
to persons or damage to property resulting from the agent or contractor's
operations on said premises in substantially the following form:
Contractor agrees to indemnify and hold harmless Standard
Oil Company of California against and from any loss or
liability or claim resulting from or for damage to any
property or injury to or death of any person caused in
whole or in part by contractor or its subcontractors,
agents, employees, licensees, or permittees in the per-
formance of this contract; save and except in those
instances where such damage, injury or death is proximately
caused by the sole negligence of Standard Oil Company of
California, or its agents, employees or contractors who
are directly responsible to Standard Oil Company of California.
7• Nothing herein contained shall be construed as a waiver by
Standard of the right to compensation from City for any damage to or loss
of property (other than compensation for the taking of the premises as herein
permitted) or injury to or death of persons by reason of the exercise of this
permission, or of any remedy authorized by law to secure payment therefor.
8. The permission herein given is personal to City and shall not
be assigned or transferred by City in whole or in part without the written
consent of Standard first being had. No written consent by Standard hereunder
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shall be deemed a waiver by Standard of any of the provisions hereof, except
to the extent of such consent.
9. City agrees that Standard is under no obligation to maintain any
cut slopes or fill slopes created by City on said premises and shall not be
responsible for any damage to City's adjacent street by reason of the existence
of said slopes or the lack of maintenance thereof. City hereby recognizes
Standard's title and interest in and to said premises.
10. The permission herein given is subject to all valid and existing
licenses, grants, exceptions, reservations and conditions affecting said
premises.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
in duplicate.
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STANDARD OIL OOMPANXV OF CALIFORNIA
By
Manager, Rest Estate and Right
of Way, Land Department, Standard
Oil Company of California,
Western Operations, Inc., a
division of said Company
Attest:
City Clerk
(SEAL)