Station No. 9-8474
REINSTATEMENT AND THIRD AMENDMENT TO SITE ACCESS AGREEMENT This REINSTATEMENT AND THIRD AMENDMENT TO SITE ACCESS AGREEMENT ("Third Amendmenf1) is entered into by and between CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation ("EMC'), and CITY OF HUNTINGTON BEACH ("Owner"),
RECITALS
A. Owner and EMC entered into a Site Access Agreement dated February 19, 2013, as amended on or about January 31, 2017 pursuant to the Reinstatement and First Amendment to Site Access Agreement and further amended on or about November 9, 2021 pursuant to the Reinstatement and Second Amendment to Site Access Agreement (collectively, "/l^'reeme«/>>) whereby Owner permitted EMC access to the premises located at 18477 Beach Boulevard in the City ofHuntington Beach, County of Orange, State of California, APN 159-031-16 (the "Property") to conduct certain environmental work described in the Agreement. A copy of the Agreement is attached hereto as Attachment"A-l".
B, The Agreement has expired and the parties desire to reinstate and amend the Agreement to extend the term of the Agreement,
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth in the Agreement and this Third Amendment, the parties hereby agree as follows:
I, "Amendment Effective Date" means the latest date on the signature page when all parties have signed this Third Amendment.
2, Reinstatement of Agreement. The parties revoke the termination of the Agreement, reinstate and ratify the Agreement as amended by this Third Amendment, and agree and acknowledge that upon the Amendment Effective Date, the Agreement, as amended by this Third Amendment, remains in full force and effect as if the same had never been terminated, 3, The foregoing recitals are true and correct and are incorporated herein by reference, 4, All capitalized terms used in this Third Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement. 5, Paragraph 3 (Term) of the Agreement is hereby deleted and a new paragraph is inserted as follows:
The license granted herein shall expire as of midnight on March 1, 2029 or upon completion of the Work, whichever is earlier, In the event that access to the Property by EMC is necessary beyond the date specified in this paragraph, the parties shall meet and confer upon the terms for the extension of this Agreement, which extension shall not reasonably be denied by Owner, 6, The parties agree and acknowledge that upon the Amendment Effective Date, the Agreement, as amended by this Third Amendment, remains in full force and effect, 9-8474 - Reinstatemenl and Third Amendment lo SAA_City ofHB Station No. 9-8474
7, This Third Amendment may be executed in counterparts, Executed signature pages sent by email scan or otherwise by photocopy are valid means of delivery, IN WITNESS WHEREOF, the parties have caused this Third Amendment to be executed as set forth below and effective as of the Amendment Effective Date.
EMC:
Dated: J^arch^n_, 2025
CHEVRON ENVIRONMENTAL
MANAGEMENT COMPANY,
a California corporation
By.,
Name: ' Harpreet K. Tiwana
Its: Assistant Secretary
OWNER: CITY OF HUNTINGTON BEACH
Dated:
Dated;
_,2025
_,2025
Mayor
City Clerk
'? I; f 11A-?
Dated: 3/1.3,^^' ,2025
INITIATED AND APPROVED
Director of Public Works
Dated; 3 v/lt liWr 2025
APPRO^D AS TO FORM
9-8474 - Reinslalemenl and Third Amendmenl lo SAA_Cily ofHB Station No. 9-8474
ATTACHMENT A-l
SITE ACCESS AGREEMENT DATED FEBRUARY 19, 2013 AND_
REINSTATEMENT AND FIRST AMENDMENT TO SITE ACCESS AGREEMENT AND,
REINSTATEMENT AND SECOND AMENDMENT TO SITE ACCESS AGREEMENT 9-8474 - Reinslatemenl and Third Amendment to SAA_City ofHB Station No, 9-8474
REINSTATEMENT AND SECOND AMENDMENT TO SITE ACCESS AGREEMENT This REINSTATEMENT AND SECOND AMENDMENT TO SITE ACCESS AGREEMENT ("Second Amenilment) is entered into by and between CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY, a California corporation ("EMC"), and CITY OF HUNTINGTON BEACH ("Owner"),
RECITALS
A, Owner and EMC entered into a Site Access Agreement dated February 19, 2013, as amended on or about January 31,2017 pursuant to the Reinstatement and First Amendment to Site Access Agreement (oolleotlvely, "Agreement'1) whereby Owner permitted BMC access to the premises located at 18477 Beach Boulevard In the City of Huntlngton Beach, County of Orange, State of California, APN 159-031-16 (the "Property") to conduct certain environmental work described in the Agreement, A copy of the Agreement Is attached hereto as Attachment "A-l".
B, The Agreement has expired and the parties desire to reinstate and amend the Agreement to extend the term of the Agreement.
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth In the Agreement and this Second Amendment, the parties hereby agree as follows; I, "Amendment Effecllve Date" means the latest date on the signature page when all parties have signed this Second Amendment,
2. Reinstatement of Agreement Tile parties revoke the termination of the Agreement, reinstate and ratify the Agreement as amended by this Second Amendment, and agree and acknowledge that upon the Amendment Effective Date, the Agreement) as amended by this Second Amendment, remains in iilll force and effect as if the same had never been terminated, 3, The foregoing recitals are true and correct and are incorporated herein by reference, 4, All capitalized terms used In this Second Amendment and not otherwise defined herein shall have the meanings ascribed to such terms in Ihe Agreement, 5, Paragraph 3 (Term) of the Agreement Is hereby deleted and a new paragraph is Inserted as follows;
The license granted herein shall expire as of midnight on February 19, 2025 or upon completion of the Work, whichever Is earlier, In (he event that access to the Property by EMC is necessary beyond the date specified In tliis paragraph, the parlles shall meet and confer upon (he terms for the extension of tills Agreement, which extension shall not reasonably be denied by Owner, 6, The parties agree and acknowledge that upon the Amendment Effective Date, the Agreement) as amended by this Second Amendment, remains in ft)ll force and effect, 7, This Second Amendment may be executed in counterparts. Executed signature pages sent by email scan or otlierwtse by photocopy are valid means of delivery, -1-
(9-S'n'l - RDliiflalMiml anil 2nel Amwilmmi to SM_Clly ofHB.docx) wuw Station No, 9-8474
IN WITNESS WHEREOF, the parties have caused tliis Second Amendment to be executed as set forth below and effective as of (lie Amenctmenl Effective Date, EMC:
Dated;
CHEVRON ENVIRONMENTAL
MANAGEMENT COMPANY,
a California corporation
ByL
Name;
Its;.
OWNER!
Dated;
Dated;
CITY d[F gglNTBSlGTON.WCH
^^9^mJ^)
City Clerk ilf^ ^
Dated; J^T_^_,W
Dated;
Director ofB*eft&i»i^9&v!^ep»>ont
Wit t^VM
APPROVED,
City Attorney
-2-
(9-sm - Relnsiamnml mid 2nd Amenilnient lo SAA_Cliy o/HB.dow) 8«UO;0 Stntlon No, 9-8474
IN WITNESS WHEREOF, (ho parties have caused this Second Amendment to be executed as set forth below and effective as of the Amendment Effective Date, EMC; CHEVRON ENVIRONMENTAL
MANAGEMENT COMPANY,
a Califoj^a corp9i<gtl(
Dated; November 2 2021
Dated;
Nam^ U ' H^rr}r6en<, Tiwana
OWNER! CITY OF HUNTINGTON BEACH
Dated;
Mayor
Dated; _ _ _,
City Clerk
INITIATED AND APPROVED
Director of Economic Development
APPROVED AS TO FORM
Dated; _,
City Attorney
-2.
(9-aw - RelmlalMMil n«rf 2n<t /Imemlinenl lo SAA^CHyofHB.riocx) Station No.; 9-8719
I ATTACHMENT A-l
I
{ SITE ACCESS AGREEMENT DATED FEBRUARY 19.2013 AND
REINSTATEMENT AND FIRST AMENDMENT TO SITE ACCESS AGREEMENT DATED JANUARY 31,2017
- 3 -
(9-S<17'1 - RelnslalMiwl and 2nd AwenftnMll lo SAAJSIly ofHD.itoex) wmm c^".^
DBpUDeD17.03PagBlof2
Maellng bale; 2/21/2017
/)^^^ ^^
S^U^J
CITY OF HUNTINGTON BEACH
REQUEST FOR, CITY COUNCIL ACTION
MEETING DATE; 2/21/2017
SUBMITTED TO; Honorable Mayor and City Council Members
SUBMITTED BY; Fred A. Wllson, Ctly Manager
PREPARED BY:
SUBJECT;
Kenneth A, Domer, Assistant City Manager
Kellee Frltzal, Deputy Dlreoton Office of Business Development Approve and authorize execution of a Reinstatement and First Amendment to Site Access Agreement (Amendment) Between the City and Chevron Environmental Management Company (EMC) to conduct environmental work at 18477 Beach Boulevard
Statement of Issue;
The City Council Is asked to approve a Reinstatement and First Amendment to Site Acc;98$ Agreement (Amendment) between the City of Huntlngton Beach and Chevron Environmental Management Company (EMC) for temporary access rights onto Clty-owned property to conduct environmental work under (h9 oversight and direction of the Orange County Health Care Agency (OCHCA),
Financial Impact;
Not Applicable
Recom mended Action;
Approve and authorize the Mayor and City Clerk to execute the 'Reinstatement and First Amendment to Site Access Agreement" between the City of Huntlngton Beach and Chevron Environmental Management Company (EMO) extending the term to February 19, 2019, Alternative Aotlon(s);
Do not approve the Agreement and direct staff accordingly, Analysis;
In February 2013, the City approved a three-year Site Acoess Agreement (Agreement) to allow Chevron Environmental Management Company (EMC) aocess onto Clty-owned property located at 18477 Beach Boulevardi adjacent to Denny's Restaurant, The purpose of the Agreement was to allow EMC to perform environmental work under the over$lght of OCHOA. EMC has been conducting environmental remedlatlon work at the Chevron gas station facility located at 18601 Beach Boulevard, directly south of the City owned property, Under the direction of the OCHCAi EMC had requested permission to conduct onvlronmenlal work, Inotudlng the Installation, maintenance, Inspection, replacement, periodic sampling, abandonment of boring wells, and the use of those boring walls for (he Introduction of compounds to faollltgte bloremedlatlon, on the City" owned property,
The Agreement ensured the City was properly Indemnified and held harmless against any claims or liabilities resulting from any environmental work performed by EMC and Us subcontractors on the Item 7," 1 HB-42.
938
D@pl,IDeD17-03Paga2of2
MeBllng Dale; 2/21/2017
Clly-owned property, In addition to Indemnlflcatlon, EMC agreed to repair portions of the property If they were to be damaged aa a result of remedlatlon work, The original Agreement expired on February 19, 2016, OCHCA Is requiring EMC to do further environmental work, Therefore, EMC has requested a reinstatement of the Agreement via the Amendment, to complete further monitoring and environmental work, The city Attorney has reviewed and approved the Amendment and staff recommends approval of the Amendment, as this work Is necessary to help protect the environment, When comptetedi the property will be returned to Its original oondltlon by EMC, Environmental Status;
Not applicable,
StratefltoplanOoal;
Improve quality of life
Attachment($t;
1, Reinstatement and First Amendment to site Access Agreement 2, Aerial Map of Location
HB-43" Item?," 2
939
Attachment A"1
Station No, $"8474
REmSTATEMENT AND FIRST AMENDMENT TO SITE ACCESS AGREEMENT This REfNSTATEMENT AND FIRST AMENDMENT TO SITE ACCESS
AORBEMENT ("Plrst Amendment") Is entered Into by and botweon CHEVR-ON ENVJRONMEMTAL MANAGEMENT COMPANY, a CallfomiB corporation ("BMC"), find CITY OP HUNTINGTON BEACH ("Owner"),
RECITALS
A, Owner and EMC entered Into a Site Access Agt'eoment dated Pebruaiy 19, 2013, ("Agreement") whereby Owner permitted EMC aoQoss to the pt'emises looated at 18477 Beach Boulevard In the City ofHuntlngton Beach, County of Orange, State of California, APN 159-031" 16 (the "Property11') to oonduot oortain environmental InvestigHtion and/or reinedlatlon work desorlbed In the Agreement, A oopy oftho Agt'cement is attaclied hereto as Attachment 1, | i t-
B, The Agreement has expired and th& parties desire to reinstate and amend tho Agreement to extend the terrn of the Agreemont, !
TERMS AND CONDITIONS ;
MOW, THERBPORE, In Qonstderattol-i of tho mutual covenants and promises heroin, the parties hereby agree as follows;
1, The foregoing recitals are true and ooi'twt and are incorporated herein by reference,
2. Paragraph 3 (Tei'tn) of the Agreemont is hereby deleted and n new paragraph Is Inserted as follows:
The lloense granted herein shall expire as of midnight on February 19, 2019 or upon completion of the Work, whlohever Is earlier, In the event that access to the Property by BMC Is necessary beyond the date specified In this paragraph, tho parties shall meet and confer upon the terms for the extension of this Agreement, which extension shall not reasonably be denied by Owner,
3. Except as provided in this First Amendment, all of the other terms and conditions set forth and contained In the Agreoment shall remain unchanged and In fUll foroo and effect,
4. This First Amendin^nt may bo executed in one or more counterportsi each of which shall ba deemed to be an original Instrument.
fi-S-IH RiHmlnHiweni A Awwdmem loSAA) E&S LAW rov, 02,12,15 (Rwli<<U2W|t)
940
Attachment A"1
Station No, 9-8474
IN WITNESS WHEREOF, the parties have CEiusec] this First Ajmendmenl to be executed and effective as oftho last date set forth below,
EMCi
Dated; . I/ "L. ^ . . . ,< 2-on
CHEVRON ENVIRONMENTAL
MANAGEMENT COMPANY,
a Californ.la corporation
By; _^
Name!\L/(^oi!
Its! ^MViPohlMuii.m^.. G-OMPUfsMtf. ..OPF.1C£^
t^M.L.
OWNER;
Dated;
Dated;
Dated; //? /_ <2<y/-7
CITY OF HUNTINGTON BEACH
'^t
INITIATED AND APPROVED
-^4^.lreoto^$f Economic Development
Dated;
APPROVED AS^fORM
^
ft-SW Kclnsimwww & Amwvl»w\l 10 SA^)
3-
E<!!SLAWr«v,02,12,15
ffmiu) ll/a'lii)
941
Attachment A-1
Station No, 9-8474
ATTACHMENT I
SITE ACCESS AGREEMENT
(f-S'17't KalmlttlDiMM A Anwndmcnl la SAA)
3"
B&Sl-AWrov,02,12,15
(RmfxADW)
942
Attachment 1 StarionNu,; 9-8474
SITE ACCESS AGREEMENT
THIS SITE ACCESS AQKElSMENT (!{Aereem(nt^) Is entered hito by wd between CHEVRON ENVIRONMBSNTAL MANAGEMENT COMPANY, a CaUfornla ' oorpoi-fltfon ("EMC^, and CITY OF HUNTINGTQN BI3ACH ^Owiie^, '
RBCITALS
A, Owner holds recotd title to certain real property located at 18477 Beaoh Boulevard, tn tho City of Huntington BeaiilT, County of Oranga, State of California, APN 159-031-16, as depleted on pxhlbit "A" attached hereto aud incorporated herein (the "Property");
B, EMC's afBUats, Chevron U.SA Inc. or Its dealer, operates a rotoll Bervloe station at 18501 Beaoh Boulevwd, fiommonly refertedto as Service Station No. 9-8474; Ci BMC seeks Owner's autliorlzation to access (lie Property to conduct the Work, as defined in Paragraph 1 (flights Gfanfed) below; tind D. Owner is willing to grant EMC aocess to the Pfoporiy for the above-d&soribed purposes,
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises herein, fho parties hereby agreo as follows;
1, RIGHTS GRANTED
Owner hereby grattts to BMC, its employws» agents, representatives, consultauts and oontTaotors, a Uoonso OVCT> under and aoi'oss the Proporty for the puqiose of performing environmental work under govemmenf agency oversight or (Utectlon (the l<WorK"), Satd Work shall be limited to the Installation, m&lntenanco, inspeotion, replfloemont, periodic sampling, ftnd abandonment of borings and wells, and the use of those borings and wolls for the inh-oduotion of compounds to fliollltate blot'emedlarion, Prior to the insteUation of any new equipmoat on tho Property, BMC and Owuor sliall woric together to detefminei the appropriate looation for the new equlpmont Owner agrties to cooperate with BMC| Inoluding the wecutlon ofadcUUonal docuoients, if necessary, in oi'der to obtain penalts or other dooumertts fi'om a government agency required to install, abandon of rettiove BMC's equipment,
2. PBRPORMANCEOirTmSWORK
EMC agrees, at Its flolo cost and expense, to conduct oud perform the Work In a prompt, safe, offlolent and workiuanlike manner and in oomplianco with all applloable federal, stato or looal laws, itigulations orordln&noes, (g}H}J) EPO rw, 02/09/2010
WW/SM1
943
' •' \ •''' Attachment 1 Station No,; 9.8474
3. TERM
This Agi'eemerK shall terminate upoa the wrHor of tlmo (3) years from the Effective Dato (defined bolow) or upon completion of the Work. The Agreement can be renewed at EMC's option for additional threo (3) year periods by providing written nottca to Owner,
4. RESTORATION
If entry onto the Propwty by EMC, or exerolso by EMC of any of its rights or obligations under this Agreement, result In any physical damage to the Property, EMC sball promptly repair and restore the portions of the Pioperty damaged to gubstantlaUy the same condition as existed prior to the damage or exerolso of such right or obligation,
5. WDEMNIW
EMC hereby agrees to pro{^ct» defend, Indemnify and hold harmless Owner, its | j. officera, olwted or appointed officials, ettiployees, agents, and volunteers from and against any and all olauus, damages, losses, expenses, Judgments, demands, defease oost8» and ! consequehrial damage or liability of auy kind or nahire, laoludlng those resuldug from death or Injury to EMC's employees imd damage to EMC's property, arising directly or indiieotly out of the obligations or operations heteln undertaken by EMC, caused in whole or in part by any negligent aot or otalsslcm of EMC, any EMC subcontractors, anyone directly or indirectly employed by any of them or anyone for whose note any of them tttay be liable, Including but not limited to conoun'ent active or passive negUgeuoe, except where caused by the active aegHgence, sole ttegligenoe, or sole willfbl misconduct of the Owner, EMC will conduct all defense nt its solo cost and oxpenso Bad Owner shall approve eeleotton of EMC's counsel, which approval shall not be unreaBonably wlUtiheld, Owner shall be reimbursed for all costs and attomey's fees boun'ed by Owner In enfoi'oing this obligation, This hdBnmlty shall apply to all claims and liability regardless of whether any insuranoe policies are applioablei The policy limits do not act a$ a limitation vpon the amount of uidemntfion.tlon to be provided by EMC.
6. INSURANCE
BMC and Its consultonts shall meet the b^uranoe requirements set forth In Exhibit. •W attached hereto and Incorporated herein, h lieu of Insuranos coverage> BMC maintains a solf-admioigtefed ol&ims program wttli respect to itd dudes hereuuder. Owner aoknowledges that EMC has met the Insurftnoe requirements of Exliiblt "B" by providing Owner with the statement ofself-hsuranco aUached liereto as Exhibit"irni \uf_
7. LIENS
BMC shall dlacharge at once or bond or otherwise secure agalnRt all liens and attachmenta that are filed In cormeotion with (ho Work, and shall Indemnify and save Ovwisr aad the PropBity hannless &oyfl and against any and all loss, dnnuge, injury, liability and claims thereof resulting directly finm such liens and attaohnmte, " 2"
(siiot) waw.wwfiw
12.3374/82107
844
Attachment 1 StarionJ^o,! 9A474
8. NOTICES
Any notices required to be made under this Agreement shall be made In •writing to the address of the approprlato party as set forth below. AU suoh uottws Sliall be deemed to have been duly given and received upon malHngi delivery by ooiu'ler or personal delivery service, or by email, provided that email delivery shall be effeotive when tho sender has received an electronto oonfirmatlon of dellvety. Parties may alter or modify theti' notico address by dellveiy of written notion pursuaut to tho terms of this Agreement, To EMCt Chevron Bnvlronmentol Management Company
Marketing Business Unit
145 S. State CoUege Blvd.
Brea, CA 92821
Atta.: Shai'on Vasquez, Property Speoiallsti SS H 9-8474 Phone:(714)371-3262
Email; [email protected]
To Owner! City of Huntington Beach
2000 Mah Steeet
Hu^tfngton Boaoh, CA 92648
Attn.; Mr. Miko Green
Phone: (714) 536-5224
Etnall; MUoliael,Orfien@surfclty-hb,org
9. REPORTS
Each party ahalt promptly provide the other with oopios of all final reports, laboratory test results, and other commimications submitted to a government agency regarding the Work performed on the Property,
10, APPLICABLE LAW
This Agreement shall b& intorproted, and any dispute arising hereuuder shall be resolved, in aocordanw With the substantive laws of tho State of California, without reference to choice of law mlea,
11. ALTERNATIVE DISPUTE RffiSOLmTON (ADR)
If a dispute arises bi?tween the parties relatfag to thifl Agreementi tho parties agree to vso (he following procedure prior to pursuing other legal remedies; (a) A meeting among the parties shall promptly be held In California, attended by individuals with deoisloft-maldhg authority reganlhig the disputo, who wlU attempt b good faith to negotiate a resolution oftho dispute.
(b) If within fifteen (I 5) days after the meeting, the parties have not swwected In negotiating a resoludon of the dispute, they agree to submit the dispute to madiation -3"
(SSIO?! WQ W, 02/09/2010
t1.33WtW.
946
Attachment 1 StatioaNo.; 9-8474.
using & mediator who is mutually acceptable, and to bwt <?qunlly tile costs of the mediation.
(o) Tile parHea agree to partioipate h good fidth lu tfae inediation pi'ooess wlated to thcih" dispute for a period of thirty (30) days from (ho commencement of mediation, If the parties are not sucoessftil (n resolvhg the dispute through mediation, then; (1) if both parties agree, they may submit the fuatter to a biudbg ai'bltfatfon or a private adjudicator, or
(2) either party may Initiate Udgattoa upon ten (10) days advance written notice to the other party.
12. COUNTERPARTS
This Agreement may bo executed in oounterpmte, all of which together shall constitute one and the same agreement.
13. INTEGRATION
This dooument represents the entire agreement betwwn (he parties, The parties acknowledge that this Agfeement supersedes and replaces any and all prior agreements between the parties regarding the subject matter herein, No modification of the terms hereof shall be effective unless In writing and duly executed by the authorized repi'esentativos of the respective parries,
14. NO ADMISSION OF LIABILITY
The parties acknowledge and agree that neither tills Agrwment, the aot of entering into It, nor any act or omission pursuant hereto shall be ooustrued as an admission of any oahire,
15. COMPLIANCE WTTH LAWS
Throughout the term of this Agreement, BMC and Owuet' shftll at all tlmea comply fblly with all appHoable laws, ordinaQces, iziles, and regulations of any govettimeutal agency having jurisdiction over the Property.
.4-
ftsiof) Bfdw.owfim
12-337')/8Z|07
946
Attachment 1 Station No.; 9-8474
16. BINDmG EWECT
This Agreement shall be binding upon and inure to the beneflt of the parties hereto and their respeotlvo holt's, successors ond nsstgiis. Owner shall promptly notify BMC of any transfer of its interest In tho Property and shall provide a copy of this Agfesment to any and all transferees,
W WITNESS WHEREOF, tho parties have caused tills Agriiement to be weouted rod efifeorive as of the last date set forth below.
EMCt
Dated; OeC<?«^<T )3 .2012
OWNER)
Dated! J^I^A,^ (^ . 201i3
CHEVRON ENVIRONMENTAL
MANAGEMENT COMPANY,
a California corporation
ftBy;,
N&mef
Its;. <^\S5\iA-ih^JC SQttV\-v>f}
^y~&<j Mde(
r-
CC?y OF KUNTIWON BEACH
Cdw^u
ayor
(ty Clerk
?][rfF?A?>/^?rROViGD
Dlfcotar Q?oonomlo Devalopmeflt
APPHOVEClAS TO FORM
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^ cityAttoiley
,1-^1^
'FT
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(WM)
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EPOlW, 02/09/2010
847
Attachment I StutfouNo.; 9-8474
EXBffiIT "A"
. TAX ASSESSOR'S MAP
DEPICTING LOCATION Pl? TfflB PROPERW
.fin
ftSIO?} ' CTO rev, 02/09/2010
1M374/82107
948
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949
Attachment 1 gt&donNo,; 9-M74
EXHIBIT MBIf
OWNER'S mSOTlANCE RISOmREMENTS
i.
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ftild^ : Epo rw' 02/09'^>ll)
12.3374/8Z107
950
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Rhons; 714-374-B378 Fax! 714-638-E5212
IiuuriuiftB Raq'uli'cments vu.y toy (lUf6raut uppUcnufs, riBUB ssk Uift below Vslcd nppUcflut types ' followed by (ho tiuinrance n!<julromettts,
City ofHunUflgton Bcusli, Resoludoa 2008-63 requires (bnt oontraolore, vwmlttMS) UcoasMii/liMiBcog nAd Ycadon liavo im approved Cntlflonta oflusunmco on file wltli Iho CHy ofHluthigtoa Beacti for tllo IBSUHQCO of any ponnlt or pity confrnoti
TTioInsuriuwo ocrtiQopto nustbo approvtid by tlip City Attomny'a OfiBoo tta to mycttng v& ofttiB oity'a luAur&uco ri^[ulreuion|!i, A»> original Mrtlfionto la rttiulred or aPDP vorslon altwhcd to nn email mhy be iTorWVdedi IfUw fflBurouco catifiefltt Is ftxwl, It miut cotte clliwtly from llio-lMUtnucti provider to tlia City of HuuUugton Bench. AH iusuttuiw mmt be flnm u CftUfomla BAnltlcd cahlcrwltb a cnn-ont AM Beri'b RnUug ofuo low thfla AiVU
1. CONTRACTORS - Any ponous or oulitiw or Coutmot with tbo City nnd/or provide uw/lw to (ho City which art readily nvnllnblo nud nfflfilenlty procuicd by compBtittve bidding.
RMulmnsnb: Gnneral LiaWUy, Wwlwrs' Compewwfion, AldottobWtyiAdiMwallrwtffd Endowwenls
2,, DteION IPROCTtSSIONALS- ProfcMtond Scwlos wntincton who canlmct with the City aad/or provide wohllwhirol dud/or BBglu9(>Hng sorvleos to tiio Gity> , . • fieqtHwmeiit,\tEivorsiwdEnilsslo)is(Pra/eado»al Liability) S},0011,000 cavtircys 3i MCBNSBBS/UiSStS&S - nny po^on or eattttM wlio luako coiih'urt wtUi tlt» Olty for UIB waofpubUo proputy,
Keaulremenls! Qmw<SUvUWyi Worlwrs' Oowpwcnhn, pTdpmy lijsnrww (ftitt rwlawmmt ooslfwllh m ooliwnwm penalty provision), Addltloml lnswvd tSndmfwnl <<< PlGRMTnEES- nuypereona orentiricii who Bake atiplloaHtm <o (ho Chy for any uw ofenoraiwhmettt upon nay street, witerwftyi piNi or City proportyi
fteaulreiMnlsi Qtmttd t.tabWty, Worksrs' CnmpwsaHvn, Airto LlaWHy, Additional ttwcrfd Endprsfments
5, PRCWBSSIONAL S)B1R,V](CE8 - meODS tliosc BCTvlces, whloh Involvo tho 6xcn?lw o£ proffcg'gioiml (Ujiorctioo end Indtipoudsntjudgmeut oa au Bdvuntxid or fipeolaUzed laiowledgo, cxperilM or traInlDg gnlnad • by fonufll rtudloa or oxptiriMCfl or servtocs v?hloh oro not rondlty or ofiiolsBtly proound by compptlth'e, bidding piusuant (a HunUngton B9iu?li Murilolpal Cod? Sdcdon 3,0?i Suoli Swvlwa slull Inoludo but not b(? Umitw! to thosa strvlw provided by BppraleWi BroltltcctBi nttotneyg, yigtnoOTi (natniotDM, tnsuninw ftdvisors, plyalpliuu (md olliBr BpeclaUzcd poiwiltnnta, i/id^dronfEnfa;,' Errors and Emissions (Prq/wahnal Liability) ^i WO, OM awerags Privnto Property Work.Pcnmlt Requlromoafs - If Uio plnnncd work dow not luvoh'e pubU& prbpcrty or )bi right-of-wy (o.gi alddWftlk/rtrKt), the'Wcnkbra1 Couponflfltfou CCTtlflpnta i5 tha only inBimuuw requlro'mont. However, Iftbo work flltfl IB ii(Ut>wn< or nUacllcd to'pubUo property, tfao C\^ Attomoy'a ' Offiw murt bo (nfomied &r coiisldcTfltlon of UnblUty and dooldcs wUclfaer or not to npprove the (wtfflcato with a speotflo "Pdvato Property Ouly" approval stomp,
961
Attachment 1
jglM&mfWL
> GenonJ LlnblUty (G/L) -< Tfao eoHornl ItnbUlty rcqulreuent i$ for 51,000,000 with "pn' owmneuco" type (ilnlms (lOVBmge Bud ttBopHnrfo "Addmonal Insured Budorsetnont" ptigo'Uslltig berth tb6 policy BiuBbu' and uamlae <he "City ofHmitlnston Bvwh, te offlvarJi elwledor appollUed offlefalsi emphyees, asfiitscindvolmiecrs" vs aAlltloiul kiGured ou (IIB endorsemonti (ses bolov/ for AddltfoBfll Insured requlremeuts)
>' A.ddltfonal Insnrtsd ISudordBtneut Rcqult'otnouta -Tlie Clly, Ito ofaoWi olcctcd or appolotsd offiolnlSi caploycea, agents nnd voluntews hte to be 6poplfi.6Blly riamod iwd covered, as ttdtUtloiiBl , lasuwds by Kcpbrnlo cltuclicd oUdonem6Bl(a) lu respwte UttblUty Btblng out of Mdon pCTft)nnc<l \sy sat on bclwlf oflho wntrnotor, produota mid completed opcrtlions of tho contniotor, preittlmss dviiitd, occupied or used by (ho coutraotor, or mitomobllej owned, lensed or borrowwl by the cotUmtor, The ooverage atinll contain no speolul Umltayops on Uu swipB ofprotwtfon nfibrdcd to (ho city, Ib ogBnbi offlooM ftnd employtea, Tlio ottdtincpiBiit Bliould tnoludo (ba poUoy numbcT It wrrokta to,
^ PriAnry Inaiu-nnca " aeijcnil Llnblllty Iiuurance wvam&o (ihall bo priuatity lasurnnw w respwts the City, 1(1 agBilS) oflaoore, and BaployeMi Any insimmco or seUi.tnsunmoe nuilalBlued by tfae cHyi Ite ngcntoi offloorsi-imd emjilcyecs sbdl bti.excoss ofllie aubmltted lnsunince anil-etiull not o'autributo wltli It, • • . .
}> DisiicripUon ofwork-Tho staff oontact Diidpuiposo oftftli wideiwo ofpuverogomust bo Identified on thd cortlfloate of teiurtinooi
)>• Automottva Insarunw ~ Automobllo ImuHiaw requlremeut Is for $l,000,0b0 iind a. Bcpimita "AddttloBDl Uuurcd BndorseinBnt11 pagB Usting botfi th.? pollpy number uid uunlng thB,"C(Oi o/ ?mtlns1on Beaofi, IK ojfwers, e^wlcdo)' oppoWed offielaJs, employew, asenh andwlunltfrs" os tul(Utlom>) Insured ou ttie endoKBaenfc pumtttces who dci noHuevehlptw.or cqulpmc'nt ID oonnwttcw with <h6 parmlt cnu requwt to WdlVo tfao Auto lHBinimofr niqulramait, • > Workor'y Compimottttott Ituak'imcm (W/C) - Thu Woikai'B CoupoBCadon IMUTUBCO rcqidnantnt Is to Stxito Btalutoiy llittlte of^SO|000 bodJJy iqjluy by dlaeMa, poUoy limit, nBd $]l00,000 bodlfy luduy eaoh anployw tw awldeut or dlBeasB per owutreiicc, CuttfloBto holder listed oathBocrtlfiwtfils!
City ofHuntlugton Beaob, 2000 Main Bt;, HuntiQgton Bewh, CA 9254«, If your orgaalznUoD/compmy ba,<i no oompMisatcd ouployeti working oa tl» projeot, you M^y ootnplcto nod return a "Nott-Bmployer SNus" fcihu to be used In Ueu of a W/Q liuunmce catlfioatft, '
)>• CnnMUotion OOHBO Nntfta -Tho wmcollatfou olniud muat coutnln B tMriy (30) dw "otiw. A toD (10) day uodw for non-p&yjnemt of premium la ttWBptoblo ta comblnfltian wilh 30 day m^w, > IprofcskioUR] UnbUlty- Coveragft Murt bo provided nt n inlulmum of $1,000,000 por OOOIUIOBOO nndlnlhoaggrogrio,
> ycduc(U)ltt- Th» foDowluf deduoUbles Bra noceptnble pnd all oUmra miut bo randvcd ftflm die lusuttincc policy or a waiver omi be rtquested (No aUowBncss for StR.) ( o Oouorul UnblUty - $S,000 • '
o Anto UabUKy • $1,000
0 profeMlona.1 MnblUty/Brrora & I2bil«slonii • $10,000, > WftlVW yrocadnra - IfmnblB to oomply witfa a rcqiilfemcnt, tha "INSURBD" swy re<iil6st u . wnWer of a Bpeotfio requlromeirt. ThB insunmw W&h'cr fond k an lntecnnl ibrm (httt th» City of lete, (sco followlbff page for Walvor fom) Tht vwtpiion to the watvff Is ills Q/t, A Anio tiAWoiwl6wiredEndorseiHtiit"pasi!<' 952
Attachment 1
< •BKUIIK
Waiver Procedm'e :
To requfrst awnlveri Incll&ato hBioD nnd pravldo a brfofdcswtpUou (1-2 S6utouc«s) oftho proposed woik/projoot, Its doUM VulUB (If not n spwlflo dollar (iniount, use BU uvnrago, anaunl ostiwnto or tton'proflt) cad prQjeoled tlmofaun'o (poi Job or (u'nwded biuils).
Pot sutetflfltfnl dollnr deduoUblc/Stt!. amoiub, n fiaanolnl shitaniout Is rMiulred (Bnlanc» ShMt, Budget Reports, Dun & Bradirtreot Report,, do,),
WntverR.eqHMfctl'i
Bncroaciimaut PormltQ
Otfwi
PtopoBcdWorici
t'dvato Property Wmk PonnlQ CQtuultnnt SorvicwQ
DoUsrValuoi
Projected T&aofi-bmoi
063
Attachment 1 . StodoriNo,! 9-8474
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City o.f.Hunfijtgton Beach
200& Mflui StocM
Hun(!nBton Beaoh, CA'926t8
1 Site AMWSS Afiitrit??» lifitwebit CIt^wott BttviMnmisnfel ,M?»iljtimohi'Co&iht»iy:nud( City ofHuhtUtgtbn Ben'cli for PrcinlBM .Looritod nt 18.^ ^uttuli'Btvd., Huntingtpn Bencli, CA d>(n't'oti6<ttUbuNb>WS(4'/4 • -•• . .
•Dear Sir/Mttauni!
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• Cln'eVron'CcirporttloniBtid Its subsidMesvm'o poyeml for.propbrty Bn.d Jinb^li(y,'BXposyti6a'thToug{l maj'Of Worldv/ld^insUMric&^ro^-iiMBWlth ldr^)''<!edurfib^, I^&s'dg ttillt'ftll *l'{h{n-lli(aS^ dcdiiWfblAroyelB, luoludlng those for 'wiRtoh a;!Chovti?,h c'om^iui); Is co'nfra,c(ually Itobte;cro paid lliroflflh tho flnDnolBl rwoiuws oftiiq'Compwiy and are admlnlrtwd' by CJlievmn 6'prporatJon uti4srtts'S?l(f-A(lmlntet9?<l Clnims'prdgrotni liorolnirfW rcftarcd to ns tlw Progrtun, This ts to odytwyo.u ft.Rt.ihe prQp9»ty/llat>l|i(y lnsipnqo requlr9,ni9nt9 of'tti? s^jwt agreement fn)l within thodeduc^tq laVek o('Ch9V^n''3,lnsi^^
res'poii'?lblb pndbr'tile qgreerii'eht'Wlll tie lipnated'.Uridn' Ao 9bb^?Mbet3 Prbferatrt. 'ThciiBC(^6 9f this ' Prognum ls.equ(ilt(?!(hB Insuintiw'^equTfAmBn^ofUi? s,yl?J,9?tagrwme)[i^.
Wb.flirther.d^'iw^du^idtWbrtort' Cdinp'SniA (nSuhitKWrei^t'rdrfi'pntS'foi-Chwrbn cqrtpantos'nro srilBdod (broiiflb in?u^e4/s9lPlh?iircd.i:>roA^tn6 d'epep(llns u'pon'tiiD,tou)fion ofthb.cwployee'i WoAplnM, U.S. Longdiaro &n^.HBrbbr*Work6,rsf Aot.covyroge Is salf-'lwiireci.
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Urilofis cunwtcd oB,fliBr>t(>IS'lat^rwtll rem'&lii tii &?ol lihtll th6 ^tfflilpn or&u'I(6rt6nn'lrtdbh of^ft ?uy<scit'^?<smBtilt (or any reniiwul (h6PM>f), If this progroin Is tsiuioeWor mtttBrlnlly (ihnnge<l, w will' provtdis'yoifv/Kh 30 dayo* Written notioa,
Sincerely,
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f'v f )nm6s D< LydoM
co; April Rrtter
RAW/l^b
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Chevron
Kurt Riemer
Risk Management & Insurance
March 13, 2025
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Chevron Environmental Management Company ("Chevron")
Site Access Agreement between Chevron Environmental Management Company and City of Huntington Beach for Premises Located at 18477 Beach Blvd., Huntington Beach, CA Chevron Station No. 9-8474 (the "Agreement")
Dear Sir/Madam:
This letter confirms that Chevron's insurance obligations in the Agreement are self-insured by Chevron, and any claims that would normally be covered by insurance policies shall be paid solely through the financial resources of Chevron. All insurance claims that Chevron is contractually liable for shall be paid by Chevron up to the minimum insurance limit requirements stated in the Agreement. Chevron's self-insurance supporting its obligations under the Agreement is comparable to commercially available insurance.
Chevron's Workers' Compensation insurance requirements in the Agreement are satisfied through insured or self-insured programs depending upon the location of the employee's workplace.
This self-insurance letter is in lieu of a certificate of insurance and will remain valid until the expiration or earlier termination of the Agreement (including any renewal thereof).
Sincerely,
Kurt Riemer
ec: Theodora Foster
Chevron U.S.A. Inc.
Insurance Division
6001 Bolllnger Canyon Road, San Ramon, CA 94583
Tel 926 842 8138 Fax 926 842 6007
[email protected]