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CONTRACT 5220 Easement AgreementAgreement No. 5220 EASEMENT AND RIGHT -OF -WAY AGREEMENT STATE OF CALIFORNIA COUNTY OF LOS ANGELES This EASEMENT AND RIGHT -OF -WAY AGREEMENT ( "Agreement ") dated as of November 21 , 2016 ( "Effective Date ") is made by and between Chevron U.S.A. Inc., a Pennsylvania corporation, acting by and through its division Chevron Products Company ( "Grantor ") and City of El Segundo, a California municipal corporation, with a mailing address of 350 Main Street, El Segundo, CA 90245 ( "Grantee "). Grantor and Grantee may each be referred to in this Agreement individually as "Party" and collectively as the "Parties." RECITALS A. Grantor owns certain land in Los Angeles County, California. B. Grantor has leased a portion of Grantor's land to Grantee pursuant to a lease between the Parties dated December 12, 2012 ( "Lease "), and Grantee operates thereon a lifeguard station located at Grand Avenue Beach. C. Grantee desires to obtain an easement, servitude, privilege and right -of -way to connect the lifeguard tower by a sewer line to a sewer line owned and operated by NRG Energy, Inc. D. In consideration of the mutual promises set out in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged and hereby agreed to, Grantor and Grantee agree to be bound by the terms of this Agreement. AGREEMENT GRANT AND PURPOSE 1.1 Grant of Rights. Grantor grants and conveys to Grantee a non - exclusive 3 foot wide easement, servitude, privilege and right -of -way over, upon, under, through and across Grantor's land in Los Angeles County, California described in Exhibit A ( "Land ") attached hereto and made a part hereof, with the easement, servitude, privilege and right - of -way described more particularly to Exhibit 4;3 ( "Right -of- Way "), attached hereto and made a part hereof. 1.2 Purpose. The Right -of -Way is granted for the purpose of operating, inspecting, repairing, and maintaining a sewer line for transporting bathroom waste water from the bathroom at Grantee's lifeguard station to NRG's sewer line, all located in El Segundo, California ( "Facilities "). If the Facilities are altered, then within 60 days of completion of any such alteration of the Facilities, Grantee shall promptly provide Grantor with a copy of a final "as built" survey of the Facilities. For the purpose of this Agreement, Grantee's "Operations" include any and all activities conducted by or on behalf of Grantee, whether by Grantee's employees, affiliates, contractors, subcontractors or agents, in furtherance of Grantee's use of the Right -of -Way for the purpose provided in this Section 1.2, whether or not those activities take place on or off the Right -of -Way. Agreement No. 5220 1.3 Access. Grantor grants Grantee the right of ingress and egress to, over, upon, through and across the Land for all purposes necessary to the exercise of Grantee's rights under this Agreement; provided, however, that Grantee's rights of ingress and egress, and use of additional Land outside of the Right -of -Way shall be reasonable and not interfere with the operations of Grantor. 1.4 Limitation of Grant. This Agreement and the grant of a Right -of -Way hereunder does not convey nor will it be construed as conveying any part of the fee title to the Land nor the oil and gas rights underlying the Land. 1.5 Non - Exclusive Rights. The rights and privileges granted to Grantee by this Agreement are non - exclusive and are subject to all valid and existing licenses, rights -of -way, easements, leases, grants, exceptions, reservations, rights and encumbrances either of record or evidenced physically on the Right -of -Way or Land. Grantor hereby reserves the right to grant to any other person or entity the right to exercise the same or different rights and privileges as granted to Grantee by this Agreement. 1.6 Non - Interference with Grantor's Use and Operations. Grantee shall not impair, interfere with or obstruct Grantor's present or future operations or use of the Land. Grantee's rights and privileges acquired pursuant to this Agreement are subservient to the rights of Grantor to use or conduct any business or operations, including, but not limited to, oil and gas exploration, production or transportation operations upon, over, under or within the Right -of -Way. 1.7 Obstructions. Except for the Facilities, Grantee shall not place, erect or construct, or allow to be placed, erected or constructed any obstructions on the Right -of -Way or Land without the prior written consent of Grantor. 1.8 Grantee's Agents. The rights granted to Grantee under this Agreement may be used by the employees and agents of Grantee, its contractors, subcontractors, and other persons performing work or services on behalf of Grantee (collectively, "Agents "). 1.9 Acceptance of Right -of -Way in Present Condition. Grantee accepts the Right -of -Way in its present condition, "AS IS, WHERE IS," and accepts full responsibility therefore, without warranty, express, statutory or implied, as to title, merchantability, condition, quality or fitness for a particular purpose, or any other sort of warranty, without recourse against Grantor whatsoever, not even for the return of any consideration paid to Grantor. Further, Grantor makes no representations or warranties regarding Grantee's right of ingress to and egress from the Right -of -Way across adjacent or adjoining lands. 1.10 Release of Grantor. Grantee acknowledges that the Right -of -Way may be located in an area where oil and gas operations have historically or are currently being conducted and that as a result of those operations the soils and groundwater located within or adjacent to the Right -of -Way may contain substances that could be harmful to Grantee's Facilities. GRANTEE IRREVOCABLY RELEASES, ACQUITS AND FOREVER DISCHARGES GRANTOR AND ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OF ANY HIND AND NATURE ARISING OUT OF OR Easement/Right -of -Way Final September 1, 2016 Agreement No. 5220 IN ANY WAY RELATED TO GRANTEE'S FACILITIES OR OPERATIONS ON THE RIGHT - OF -WAY OR LAND. 2. TERM AND TERMINATION 2.1 Term. The Right -of -Way is granted for a term commencing on the Effective Date of this Agreement and shall continue for so long thereafter as both (a) the Grand Avenue Beach lifeguard station remains operational, and (b) Grantee actually transports waste water through the sewer line, without cessation for more than 90 consecutive days. In the event that the lifeguard station ceases to be operational, or that Grantee ceases transporting waste water through the sewer line, Grantee shall notify Grantor of such cessation and the termination of the Right -of -Way grant. If Grantee shall fail to notify Grantor and Grantor discovers such cessation on its own, Grantor may immediately terminate this Agreement. 2.2 Termination. Within 30 days of termination of this Agreement, Grantee will file an instrument in the county records where a memorandum of this Agreement is recorded that reflects that Grantee's rights under this Agreement have terminated. Grantee shall promptly provide Grantor with evidence of the recorded termination. If Grantee refuses or fails to comply with these obligations within the time required, Grantor is authorized to file a notice of termination on Grantee's behalf. 2.3 Termination for Cause. If Grantee violates any of the provisions of this Agreement and fails to remedy the same within thirty (30) days after notice from Grantor to do so, Grantor may, at its sole discretion, terminate this Agreement by giving written notice to Grantee. Grantor's right to terminate the Agreement pursuant to this provision is in addition to any other remedies available at law and equity, including the remedy of specific performance. The failure of Grantor to exercise its right to terminate the Agreement shall not be deemed as a waiver of its right to pursue any and all other remedies. 3. CONSTRUCTION, IDENTIFICATION AND OPERATION OF FACILITIES 3.1 Initial Construction. Grantor shall engage a third -party contractor to construct the Facilities as set forth in the contractor's proposal and bid attached as Exhibit C. Grantee shall, within thirty (30) days of receipt of Grantor's invoices, reimburse Grantor for all of the actual costs of such construction charged to Grantor by the contractor. Upon full payment of such costs, Grantee shall own the Facilities. Grantee shall be responsible for the connection of the Facilities to Grantee's equipment and NRG's sewer line. Grantor will include in its written contract with the contractor a requirement that the contractor pay its workers prevailing wages in connection with construction of the Facilities, as required by Labor Code section 1720, et seq. 3.2 Pre - Operations Identification and Underground Facilities. (A) After the initial construction by Grantor or its contractor, prior to beginning any repairs, maintenance, or other Operations on the Right -of -Way, Grantee shall Easement/Right-of-Way Final September 1, 2016 Agreement No. 5220 contact the appropriate "one call system" such as Underground Service Alert, or other system for notification of intended excavation activities established pursuant to applicable federal, state or local laws or regulations, and must also call Grantor's Lead for Facilities Group by calling refinery's general number (310) 615 -5172 to determine if Grantee's Operations will cross or otherwise impact existing underground facilities owned by Grantor, Grantor's affiliates or third parties. (B) If Grantee identifies any existing underground facility owned or operated by Grantor or Grantor's affiliates that will be crossed by the Facilities, or that may be impacted by the repair, maintenance, or other Operations on the Facilities, Grantee shall comply with the requests of Grantor or Grantor's affiliates and follow their required procedures for line crossings. (C) Grantee accepts sole responsibility for identifying and locating existing underground facilities that may be impacted by the repair, maintenance, or other Operations on the Facilities and shall be solely liable for all loss, damage, injury, or death caused or contributed to by any failure of Grantee, or its Agents, to properly identify, locate and protect pre- existing underground facilities from damage during the repair, maintenance, or other Operations on the Facilities. 3.3 Operations by Grantee. All Operations performed on the Land or Right -of -Way, including Grantee's ingress and egress across Grantor's Land, shall be performed or accomplished with due diligence, in a good and workmanlike manner, and in compliance with all federal, state and local laws, rules, regulations and ordinances, and in compliance with all of Grantor's security, health, environmental and safety standards. In the event Grantee fails to cure any violation of this Section 3.3 after having been first notified of the violation and provided a reasonable opportunity to cure, Grantor may, at its sole option, terminate this Agreement. 4. NOTIFICATIONS TO GRANTOR 4.1 Normal or Emergency Operations. Grantee must provide Grantor at least ten days' written notice prior to performing any Operations on the Right -of -Way or Land. In the event an emergency arises that requires immediate repairs to the Facilities, Grantee will not be in default of its notification obligations referred to previously, so long as Grantee performs all of the following: (i) notifies Grantor as soon as reasonably possible, (ii) utilizes personnel or contractors that are qualified to perform the work required, (iii) limits the work to that which must be performed to eliminate the emergency, and (iv) performs all work in a good and workmanlike manner and in a manner designed to minimize the disruption to other facilities in, on, above, or under the Right -of -Way. The above described written notice shall be in addition to any notice that Grantee may be required to provide with respect to any Operations through a "one -call notification system," such as Underground Service Alert, or other system for notification of intended excavation activities established pursuant to applicable federal, state or local laws or regulations. Easement/Right-of-Way Final September 1, 2016 Agreement No. 5220 4.2 Discovery of Environmental Condition. If Grantee discovers in or on the Land a condition that could be considered a violation of any applicable law pertaining to health or the environment, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act at 42 U.S.C. § 9601 et seq. ( "CERCLA "), the Resource Conservation and Recovery Act at 42 U.S.C. § 6901, et seq. ( "RCRA "), the Hazardous Materials Transportation Act, 49 USC §5101 et seq., the Clean Air Act, 42 USC §7401 et seq., the Clean Water Act, 33 USC § §1251 et seq., the Toxic Substances Control Act, 15 USC §2601 et seq., the Safe Drinking Water Act, 42 USC §300f -300j, and all similar federal, state, and local environmental statutes, ordinances, and the regulations, orders, and decrees now or hereafter promulgated thereunder (collectively called the "Applicable Environmental Laws "), or that could give rise to a claim for property damages by the owner of the soil, however caused, then Grantee agrees to all of the following immediately upon such discovery: (A) Grantee will immediately notify Grantor of the discovery; (B) Grantee will allow Grantor to view, inspect, test and document the condition, at Grantor's option; (C) Grantee will suspend its operations on the affected Land until Grantor has completed its inspection and testing activities; (D) If Grantor's inspection and testing activities determine that remediation of the affected Land is required, Grantee may undertake such remediation, subject to inspection and approval by Grantor. (E) If Grantee is unwilling to undertake such remediation, Grantor may conduct remediation operations on the condition and Grantee will suspend its operations on the affected Land while Grantor conducts its remediation operations. 5. PROHIBITED ACTIVITIES, REMOVAL AND RELOCATION RIGHTS 5.1 No Hazardous Substances. Except as expressly authorized in this Agreement, Grantee shall not impound water or other substances on, in, under or over the Right -of -Way or Land, and shall not store or dispose of any dangerous, toxic or hazardous substances or waste on, in, under or over the Right -of -Way or Land. 5.2 Grantor's Right to Self -Help. Should Grantee violate any of the provisions of this Section 5, Grantor, in addition to any other rights and remedies it may have under this Agreement, shall have the right to clear or remove any prohibited obstructions or dangerous, toxic or hazardous substances, or waste at Grantee's sole cost, risk and expense and shall have the right to recover damages from Grantee. 5.3 Removal of Facilities. Grantee's Facilities, including all equipment, structures, facilities, and improvements installed by, or on behalf of, Grantee within the Right -of- Way, will remain the property of Grantee, and Grantee will have the right at any time during the term of this Agreement and for 180 days thereafter to remove same without Easement/ Right -of- Way Final September 1, 2016 Agreement No. 5220 compensation to Grantor. Within 180 days after termination of this Agreement, Grantee shall remove its above - ground equipment, structures, improvements and installations, and restore the surface of the Land to the condition in which it existed prior to the Effective Date of this Agreement; provided, however, that, if any applicable law requires the removal of any such equipment, structures, facilities, and improvements, either above- ground or underground, Grantee shall remove the same during the referenced 180 -day removal period. 5.4 Relocation. If, in the opinion of Grantor, any portion of the Facilities in the Right -of -Way interfere with Grantor's use of or operations on the Land, Grantee shall, if reasonably feasible, at its own risk, liability and expense, within ninety (90) days after written request therefor by Grantor, lower or relocate and reconstruct the Facilities over and across the Land and restore any surface areas disturbed by such lowering, relocation or reconstruction of the Facilities as nearly as possible to the same state and condition that they were in prior to commencement of such lowering, relocation or reconstruction of the Facilities. Grantor understands and acknowledges that the Facilities are considered "public facilities" and that any alterations made thereto must be performed in accordance with all applicable laws, including but not limited to the Public Contract Code and the Labor Code, governing work on public facilities. 6. WARRANTY AND INDEMNIFICATIONS 6.1 Warranty of Compliance with Law. Grantee warrants and agrees that it will comply with any and all laws, ordinances, orders, rules, regulations, standards, licensing requirements or otherwise of any state, federal, municipal or local authority or agency thereof, now in force and effect, or which may be passed, enacted, issued, revised, required or promulgated hereinafter, incident to, arising out of or in any way connected with the utilization of the Land, the Right -of -Way and /or any activities conducted under, pursuant to or by virtue of this Agreement. Grantee further warrants that it will not discharge, release, dump, bury or store on the Land or in or on any water or waters on, adjacent to or in the area of the Land, for purposes of disposal, oil, chemicals, toxic substances or materials, and hazardous wastes or substances of any kind. 6.2 INDEMNIFICATION FOR NON - COMPLIANCE. GRANTEE AGREES TO FULLY INDEMNIFY AND HOLD GRANTOR HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, JUDGMENTS, CAUSES OF ACTION, FINES, PENALTIES AND COSTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COSTS OF COURT, ARISING OUT OF OR CONNECTED WITH THE NON - COMPLIANCE WITH OR VIOLATION BY GRANTEE OF ANY OF THE PROVISIONS OF SECTION 6.1. IN THE EVENT OF ANY SUCH NON - COMPLIANCE OR VIOLATION, GRANTOR SHALL HAVE THE RIGHT IMMEDIATELY TO TERMINATE THIS AGREEMENT. NOTHING IN THIS PARAGRAPH 6 SHALL BE CONSTRUED AS REQUIRING GRANTEE TO INDEMNIFY AND /OR HOLD GRANTOR HARMLESS FROM OR AGAINST ANY LIABILITIES OF ANY KIND RELATING TO OR ARISING FROM HAZARDOUS WASTE OR CONTAMINANTS THAT ARE PREEXISTING OR WHICH ARE NOT ATTRIBUTABLE TO GRANTEE'S USE OF THE EASEMENT FOR THE PURPOSES AUTHORIZED IN THIS AGREEMENT. Easement/Right -of -Way Final September 1, 2016 Agreement No. 5220 6.3 GENERAL INDEMNIFICATION. GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD GRANTOR AND ALL OF GRANTOR'S AFFILIATES HARMLESS FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS AND LAWSUITS AND ALL LIABILITIES, PENALTIES, FINES, PAYMENTS, JUDGMENTS, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES, EXPERT WITNESS FEES, COURT COSTS, COSTS OF INVESTIGATING CLAIMS, SITE ASSESSMENTS, TESTING AND REMEDIAL ACTIONS) INCURRED AND /OR PAID BY GRANTOR OR ANY OF GRANTOR'S AFFILIATES IN CONNECTION WITH AND TO THE EXTENT ARISING FROM, RELATED TO OR ON ACCOUNT OF ANY ACT OR OMISSION BY GRANTEE OR ITS AGENTS RELATING TO THIS AGREEMENT, GRANTEE'S OPERATIONS ON OR USE OF THE LAND OR RIGHT -OF -WAY, AND /OR GRANTEE'S VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAWS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. 7. INSURANCE 7.1 Impact on Indemnity and Liability Obligations. Any provisions in this Agreement to the contrary notwithstanding, neither the minimum policy limits of insurance required of Grantee under this Section 7 nor the actual amounts of insurance maintained by Grantee under its insurance program limit or reduce Grantee's liability and indemnity obligations in this Agreement. 7.2 Insurance Coverage Obligations. Grantee shall maintain the insurance listed below and all other insurance required by applicable law at all times while this Agreement is in effect. Such insurance shall be primary to any insurance maintained by Grantor. (A) Workers' Compensation (or equivalent government compensation scheme) and /or Employer's Liability Insurance covering Grantee's liability for all claims arising out of bodily injury, death or occupational disease to its employees. Such insurance must comply with all applicable laws where the Right -of -Way is located. (B) Grantor understands and acknowledges that Grantee is a member of the Independent Cities Risk Management Association, pursuant to a joint powers agreement, which provides coverage for damages due to, among other things, bodily injury, property damage, and personal injury. The limit of coverage for each occurrence is $30,000,000 and Grantee is subject to a self - insured retention of $750,000. Grantor agrees to accept Grantee's status as satisfactory compliance with Grantor's insurance requirements. In the event Grantee decided to change its insurance status, Grantee agrees to provide Grantor with 30 days' advance written notice of the effective date of the change in status. Thereafter, Grantee agrees to provide Grantor with appropriate evidence of insurance coverage(s). 7.3 Evidence of Insurance. Before performing any Operations under this Agreement, Grantee shall provide Grantor with a copy of the most recent Memorandum of Coverage issued by the Independent Cities Risk Management Authority, of which Grantee is a member. Easement/Right -of -Way Final September 1, 2016 Agreement No. 5220 7.4 Deductibles or Self- Insured Retentions. Grantee is solely responsible for payment of all deductibles or self - insured retentions that are' applicable to any claims made against Grantor covered by Grantee's insurance policies. The level of these deductibles or retentions must be reasonable and compatible with that expected of a prudent operator in similar circumstances. 7.5 Waiver of Subrogation for Grantor's Physical Damage Insurance. Grantee shall obtain a written waiver of subrogation in favor of Grantor from its insurers who provide physical damage insurance with respect to property used in the performance of Operations. 7.6 Conflict with Applicable Law. Grantee will not be required to carry the insurance coverages required in this Right -of -Way to the extent such coverages conflict with, or are void or otherwise unenforceable under, applicable laws or regulations. 8. GOVERNING LAW AND RESOLUTION OF DISPUTES 8.1 Governing Law. This Agreement is governed by and interpreted under the laws of the State of California, without regard to its choice of law rules, except that the substantive and procedural rules of the Federal Arbitration Act, 9 U.S.C. §§ 1 -16, shall govern this Section 8. 8.2 Resolution of Disputes. If any dispute arises out of or in relation to this Agreement and such dispute cannot be settled within a reasonable time by direct negotiations, either Party may initiate mediation. If the Parties fail to settle the dispute within 30 days of notice of mediation, either Party may initiate binding arbitration. 8.3 Procedures. The following provisions shall apply to arbitration proceedings pursuant to Section 8.2: (A) The place of arbitration will be Los Angeles, California. (B) The number of arbitrators shall be one if the monetary value of the dispute is $5,000,000 or less. The number of arbitrators shall be three if the monetary value is greater than $5,000,000. The arbitrator(s) will conduct the arbitral proceedings in accordance with The International Institute for Conflict Prevention and Resolution ( "CPR ") Rules and CPR is the appointing authority. (C) The arbitrator does not have the power to award, nor shall the arbitrator award, any punitive, indirect or consequential damages (however denominated). Each Party will bear its own costs of legal representation and witness expenses. (D) The arbitrator must render a reasoned award in writing. The award is final and binding. (E) The dispute will be resolved as quickly as possible. The arbitration award must be issued within three months from completion of the hearing, or as soon as possible thereafter. Easement/Right -of -W ay Final September 1, 2016 Agreement No. 5220 9. GENERAL PROVISIONS 9.1 Entire Agreement. This Agreement comprises the complete and exclusive agreement between the Parties regarding the Right -of -Way, and supersedes all oral and written communications, negotiations, representations or agreements in relation to that subject matter made or entered into before the Effective Date. 9.2 Severability. Each provision of this Agreement is severable. If any provision is determined to be invalid, unenforceable or illegal under any existing or future law by a court or arbitrator of competent jurisdiction or by operation of any applicable law, this invalidity, unenforceability or illegality will not impair the operation of or affect those portions of this Agreement that are valid, enforceable and legal, unless deletion of the invalid, unenforceable or illegal provision or provisions would result in such a material change as to cause the purpose of this Agreement to be considered unreasonably unfair to either Party or its fundamental terms and conditions are considered to be unreasonable. 9.3 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original of this Agreement, and which together will constitute one and the same instrument; provided, however, that neither Party will be bound to this Agreement unless and until both Parties have executed a counterpart. 9.4 Public Announcements. Except as otherwise expressly required by law, a Party shall not issue any public announcement or statement concerning this Agreement or the Right - of -Way without obtaining the other Party's prior written consent. 9.5 Third Party Rights. Except as may be otherwise expressly stated herein, no person or entity who is not a Party to this Agreement has any right under this Agreement or in and to the Right -of -Way and may not enforce any provision of this Agreement. 9.6 Assignment (A) By Grantee. This Agreement is personal to Grantee, and Grantee will have neither the right nor the power to assign this Agreement, in whole or in part, without Grantor's prior written consent, and Grantor may withhold its consent or impose conditions for its consent to any such proposed assignment for any reason or for no reason, in Grantor's sole discretion. Any attempted assignment made in violation of this provision will be, in Grantor's sole discretion (and in addition to any other remedy available to Grantor at law or in equity), voidable and of no force. If Grantor consents to an assignment, Grantee and its assignee(s) will be jointly and severally liable for the performance of all obligations imposed upon Grantee under this Agreement, and such assignment will not be binding upon or recognized by Grantor in any way unless and until a recorded copy of the assignment has been furnished to Grantor. The granting of Grantor's consent to any assignment will be effective only as to the specific assignment then the express subject of such consent, and any subsequent assignment that may be Easement/Right -of -Way Final September 1, 2016 Agreement No. 5220 proposed or attempted will be ineffective without Grantor's prior written consent. Notwithstanding anything contained herein to the contrary, no prior written consent from Grantor shall be required for an assignment of this Agreement to a parent, subsidiary or other affiliate of Grantee or to any entity under common ownership or control with Grantee or to any entity that acquires all or substantially all of the assets of Grantee. (B) By Grantor. Grantor may assign or transfer all or part of its rights or obligations relating to the Land or this Agreement to any other person or entity at any time without Grantee's consent. No change of ownership of Grantor's rights will operate to enlarge the obligations or diminish the rights of Grantee. 9.7 Notices. All notices required or permitted under this Agreement must be in writing and delivered by mail (postage prepaid) or by hand delivery to the address of the receiving Party set out in the signature page to this Agreement. Notices sent by email are ineffective. Notices are effective when received by the recipient during regular business hours. Notices that do not comply with the requirements of this Agreement are ineffective, and do not impart actual or any other kind of notice. 9.8 Authorized Representatives. Each Party represents and warrants that the Agreement has been duly executed and delivered by its authorized officer or other representative and constitutes its legal, valid and binding obligation enforceable in accordance with its terms, and no consent or approval of any other person is required in connection with its execution, delivery and performance of this Agreement. IMPORTANT NOTICE: THIS AGREEMENT CONTAINS PROVISIONS REGARDING INDEMNITIES AND WARRANTIES THAT EXPRESS THE AGREEMENT OF THE PARTIES CONCERNING CLAIMS ARISING OUT OF THIS AGREEMENT. The parties have executed this Agreement in duplicate as evidenced by the following signatures of authorized representatives of the parties: GRANTOR: GRANTEE: Chevron U.S.A. Inc., a Pennsylvania corporation, City of El Segundo acting by and through its division Chevron Products Company J Signature: Name�� .. �.� Signature: Name: I <al . Title: a ac, A n EO FORM: CM ATTORNEY ATTEST ;; -�� Cif City of El Segundo map»« 6 A 4 Try s¢ i Agreement No. 5220 Easement/Right-of-Way Final September 1, 2016 10 ACKNOWLEDGEMENTS CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Agreement No. 5220 CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who sign(, document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss COUNTY OF S S ) ACKNOWLEDGEMENT On g] be e Officer], I "b:1SObJAI<I.,Y fore me, fir r rt llttntr and "1 "itle of tla APPEARED [name( of Si ner° _�1, who roved to me on the basis of satisfactory eviiderl W to be the person Whose r1atnc i subscribed to the within instrument and rr, nowledged to rrre that Ir s t y axca:arted the sure in ai • i /0,16- authorized capacity(, and that by k C)Aho' si8naturC(, on the instrnnient the p�ersono, or t �r entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. o Signature Si * to ofNotaWub� My Commission Expires:_ 0V 115 Easement/Right-of-Way Final September 1, 2016 UA AWPE ALVA EZ AMk mnsion N 2087908 CQy Public - CaINornis Los Angeles County NI Comm. ys ires Nov 20, 2018 Place Official Notary Seal here. T Agreement No. 5220 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ____ ........... A notary public or other officer completing this certificate verifies only the identity of the individual who sign( document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ss COUNTY OF %—CA- APJ WCLXE<� ACKNOWLEDGEMENT LA C_ before me, I.Linsert Name and Title or the Officer], PERSONALLY APPEARED [name... of Signeq'41 . ..... who proved to me on the basis of satistheloty evidence to be the persqW, whose name ) is/aft subscribed to the within instrument and acknowledged to me that hc/Slw4hqLcxccuted the same in his, it authoriz.ed capacity(4eo;- and that by his/tu;;;41u,1x signaturc�4 on the instrument the persono, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat. S i gn a iL'1`rC,. "i'gilature of Notary ublic My Commission Expires:pk�j� �—_22 m .1.2' Easement/Right-of-Way Final September 1, 2016 "0 N0 RQA HARADA-ALI Conimission # 2065752 Nola�ry Public - California z z Los Angeles County lot g,com;,.141ceSMa 2i,1011 Place Official Notary Seal here. 12 Agreement No. 5220 EXHIBIT A DESCRIPTION OF GRANTOR'S LAND ALL THAT PORTION OF LOT I OF TRACT 1314, ACCORDING TO THE OFFICIAL MAP THEREOF FILED IN THE OFFICE OF THE LOS ANGELES COUNTY RECORDER ON JULY 3, 1912, IN MAP BOOK 20, AT PAGE 161, LYING NORTH AND WEST OF THE NORTHWESTERLY LINE OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 23, 1997, AS INSTRUMENT #97- 2012822, OFFICIAL RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. APN 4138 - 016 -012 Easement/Right-of-Way Final September 1, 2016 13 Agreement No. 5220 EXHIBl"T'A' LEGAL DESCRIPTION A STRIP 01[� LAND WIDE BEING A PORTION OF LAND DESCRY lD MR-i AS SUPERIOR COURT CASE 11629 IN THE CITY OF EL SEGUNDO, COUNT'Y OF LOS ANGELES, STATE OF CALIFORNIA, THE CENTERLINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 TRACT No. 1314, IN THE CITY OF EL SEGUNDO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20 PAGE 161 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND A PORTION OF SECTION 14, TOWNSHIP 3 SOUTH, RANGE 14 WEST, SBM, i;AID EASEMENT CONTAINING 5,9311� SQUARE FEET, MORE OR LESS. T�10 .(No. 9309 Exp. 9/30/2010 l� MIM INC. CTVIL ENGINFERM IAND PLANNING AND SURMING 6 ORCHARD SUM 2W LAKE FORM, CALEFORMA 920 HIOM M 9 1ri-M FAX ") 916-3N5 Agreement No. 5220 EXHIBIT B DESCRIPTION OF RIGHT -OF -WAY Easement/Right -of -Way Final September 1, 2016 14 P.O.C. PARCEL 2 NW CORNER LOT 1 ,-NORTH LINE SEC PER TRACT 1314 Agreement No. 5220 I fi", \�MIAAUMNAVO. Y3MI S28'29 57 E 2;.,34"— w'Y. S29*31'471"E-�_ \ � W70' SM17*58"E' \� -t- /lel RW PER 83-1459267- S20'33'57"E 119.65' w1al C&V CONSULTING, INC. CPAL 13NOINEERING IAND PLANNING AND SURVEY11ING 6 ORCUMD RM 2M LAn FORM, CALffKMGA 2M PHIM W WY-M PAX 00 916 rM . . . . . . . . ...................... Agreement No. 5220 a i 0 0 �, I 11241:�Wljxiwl SHEET 3 OF 5 MRIM"I FORCE MAIN EASEMENT EEO, Agreement No. 5220 P.0,C. POINT OF COMMENCING T.P.O.B. TRUE POINT OF BEGINNING P.01. POINT OF ENDING SHEET 4 OF 5 �11 will RW PER 83-1459 sm SEE SHEET 4 BELOW RIGHT Agreement No. 5220 a SCALE: 1 40' 11 20 40 80 4AMANAllm P.O.C. POINT OF COMMENCING T.P.O.B. TRUE POINT OF BEGINNING P.O.E. POINT OF ENDING SHEET 5 OF 5 JOB NO,, AKMX 010 ---- ......n. BY: G"I" DATE: 00412016 FORCEIVINN EASEMEN"I C&V' CONSULTING, INC. CPAL 'U M 'C LAND 11ANNING ANDW,,RVEYINCY 6 ORMODSOM MD LAKE TAORM. CAUSMIA, M MGM " wM I%x (w mr.w.