Cities Index.
1. Encroachment License Agreement No. 441

Vernon City Council
November 18, 2025

Document
1. Encroachment License Agreement No. 441
Meeting
November 18, 2025
Body
Vernon City Council
Original file
10.8 MB
Text extracted from the city's file for reading and search. Open the original on cityofvernon.primegov.com. That file is the official record.

1 REVOCABLE ENCROACHMENT LICENSE AGREEMENT NO. 441
This Revocable Encroachment License Agreement (License) is entered into on November 18_, 2025 (Effective Date), between the City of Vernon, a California charter City and California municipal corporation of the State of California, as Licensor (City) and BP Products North America, Inc. (BPPNA), a Maryland Corporation (Licensee), (Party or Parties).

NOW THEREFORE, the Parties do hereby agree to the following terms and conditions:

1.0 Grant of License.

1.1 Subject to the right of City to revoke this License as set forth herein, City hereby grants to Licensee and its employees, contractors, subcontractors, agents, representatives and assigns a License to encroach upon City’s public rights-of-way or property (City Property) for the purpose of construction, maintenance, and repair (Work) of two groundwater monitoring wells (Monitoring Wells) on Heliotrope Avenue as described and shown in Exhibit “A,” attached hereto and by this reference incorporated herein (Work). Licensee hereby certifies that the descriptions and drawings in Exhibit “A” are true, complete and accurate. This License is granted subject to the terms and conditions set forth in the City of Vernon Municipal Code (VMC), Section

12.08.010, and the acceptance hereof shall evidence Licensee’s agreement to all terms and conditions of the VMC and the additional conditions contained herein.

1.2 The grant of this License shall be further conditioned as set forth in Exhibit “B,” Special Application Requirements and Conditions of Approval – Monitoring Wells, attached hereto and by this reference incorporated herein.

1.3 Licensee shall not commence any Work under this License until Licensee has first obtained a permit to do so. Permit applications must be submitted in accordance with the provisions of VMC, Section 12.08.010 et seq., and the City’s policies, procedures, and rules.

1.4 Licensee is hereby given notice of existing state law, Sec. 4215 et seq., Chapter 3.1, Division 5, Title 1 of the Government Code, as amended by A.B. 73, effective January 1, 1990, which requires owners of underground facilities to join a regional notification center, e.g. USA which requires contractors to contact such a regional notification center prior to excavation; requires facility owners to mark their underground facilities when notified; and sets civil penalties for failure to comply therewith. Prior to construction, Licensee shall contact DigAlert to verify the location of existing underground facilities.

1.5 This License is valid only for the purposes specified herein.

2.0 Term. The term of this License shall be for a period of five (5) years from the Effective Date unless sooner terminated as provided in this License.
2 3.0 Fees.

3.1 Licensee shall pay to City a one-time issuance fee of Five Thousand Dollars ($5,000.00) for each monitoring well, prior to the issuance of the License (Issuance Fee).

3.2 Licensee shall also pay to City an annual renewal fee of Six Hundred Forty-Two Dollars ($642.00) (Annual Renewal Fee) for each monitoring well payable each year during the term of the License on or before the anniversary of the Effective Date. The Annual Renewal Fee shall be increased annually to account for inflation based on the Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Anaheim-Riverside Metropolitan Area, published by the Bureau of Labor Statistics, U.S. Department of Labor. If, for any reason, the CPI-U is not published or is not available, a similar index may be substituted at the City Administrator’s discretion. The increased fee shall be rounded to the nearest one dollar. Said CPI-U increase shall begin on the first anniversary of the Effective Date of this License provided, however, that notwithstanding any CPI-U, there shall be no reduction in fees by operation of this provision.

4.0 No Interests in City Property.

4.1 No Right, Title or Interest. The permission granted hereunder shall not in any event constitute an easement on nor an encumbrance against the City Property. No right, title or interest in the public right-of-way, or any part thereof, shall vest or accrue in Licensee by reason of this License or the issuance of an excavation permit, encroachment permit or exercise of any privilege given thereby.

4.2 Possessory Interest. The Parties agree that no possessory interest is created by this License. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, Licensee acknowledges that City has given to Licensee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to this License may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Licensee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interest taxes or other taxes levied against Licensee’s right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this License.

5.0 Compliance with all Laws. Licensee shall comply with all applicable federal, state and local laws at all times including but not limited to those issued by City. No repair or construction shall be performed except in accordance with the provisions of the VMC pertaining to encroachments to the extent they are not in conflict with any paramount authority of the State or Federal Government.

6.0 Work Standards; Repairs.

6.1 The Work shall be done in a good and skillful manner, subject to the supervision and satisfaction of City. Licensee’s Work shall comply with all standards imposed by City and be conducted with the least possible hindrance or interference to the City Property. 3 6.2 Licensee shall promptly repair and restore the City Property as directed by City, at Licensee’s sole cost and expense, any damage to the City Property caused by the Work, including but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support resulting from excavation, shoring or underpinning.

7.0 Abandonment.

7.1 At City’s request, Licensee shall at its sole expense, properly abandon, without cost or expense to City, any or all of the Monitoring Wells, if and when such Monitoring Well(s) may be deemed by City to be detrimental to the public health, safety, or welfare; is/are in conflict vertically and/or horizontally with any proposed City installation; interfere(s) with any City construction project; or made necessary by any abandonment, change of grade, alignment or width of any street, sidewalk or other public facility, including the construction, maintenance, or operation of any other City underground or aboveground facilities including but not limited to any sewer, storm drain, conduits, gas, water, electric or other utility system, or pipes owned by City or any other public agency, provided, however, that Licensee shall not be required to bear the expense of an abandonment requested under this Section 7.1 on behalf of, or for the benefit of, any third party unaffiliated with Licensee.

7.2 If Licensee is required to abandon one or more Monitoring Well(s) pursuant to Section 7.1, City shall cooperate with Licensee to determine a mutually acceptable location on City Property where Licensee may relocate said Monitoring Well(s). In the event Licensee relocates the Monitoring Well(s) to a new location as set forth in this Section 7.2, the terms of this License will apply to the Work at the relocated Monitoring Well(s) unless the Parties agree otherwise.

7.3 If Licensee is required to abandon one or more Monitoring Well(s) pursuant to Section 7.1, the abandonment shall be completed within sixty (60) days of a written request by City unless exigencies dictate a shorter period for abandonment and/or relocation, and such shorter period is stated in the written request. Such shorter time period shall be no less than fifteen (15) days. If Licensee has not complied with such written request for abandonment within said sixty (60) days or other longer time limit as provided by City, then City may cause the abandoning work to be done at Licensee’s own cost and expense.

7.4 In the event Licensee abandons one or more Monitoring Well(s), it shall be abandoned consistent with all requirements of the VMC as it may be amended from time to time.

Currently the Code requirements are listed in VMC, Section 13.12.240 - Destruction of Nonconforming Wells. In addition to meeting the requirements of the VMC then existing, the well casing shall be removed to a depth of no less than twelve (12) feet below the ground surface, unless the VMC then in effect establishes more stringent requirements.

7.5 In the event of an emergency, City may abandon the Monitoring Wells at Licensee’s own cost and expense without prior notice to Licensee, provided City makes an effort to notify Licensee first, and City notifies Licensee within a reasonable period thereafter.

7.6 In the event Licensee fails to perform any of its obligations under this License within a reasonable period after delivery of written notice of such failure and City performs any work including, but not limited to, repairing or maintaining the street improvements, City shall only be obligated to perform such work in a manner consistent with the standard practices of City in 4 performing street work and construction. City shall not be obligated to repair or replace any materials or improvements in a form or manner consistent with Exhibit “A,” or any plans and specifications, and City shall not be responsible for any damages to Licensee as a result of City performing such work, including, but not limited to, severance damages.

8.0 Termination, Abandonment, Default.

8.1 Either Party may terminate this License at any time by thirty (30) days written notice of said termination to the other Party.

8.2 In the event that Licensee fails to utilize the City Property under this License for a consecutive period of six months from the date of this License, regardless of whether such Monitoring Wells have been installed, City may notify Licensee in writing of its intent to terminate the License due to abandonment. If Licensee does not respond to said notice within thirty (30) days, City shall have the right, at its sole discretion, to declare this License terminated by abandonment.

8.3 In the event Licensee defaults, or fails to keep, fulfill or perform any of the terms or conditions of this License and fails to remedy such default within a reasonable period after delivery of written notice from City of such default or failure, City may declare this License terminated. Upon such a declaration of termination and failure to remedy such default, this License shall be cancelled, and all of the rights and privileges of Licensee under this License shall be surrendered.

8.4 Upon termination for any reason, City may require Licensee to abandon the Monitoring Wells and restore the City Property according to the requirements of Licensee’s permit and the VMC, or if City so elects, Licensee shall abandon the Monitoring Wells to the ownership of City without the payment of any compensation. Any abandonment conducted by Licensee under this Section 8.4 shall be completed within sixty (60) days of the effective termination date of this License. Should Licensee neglect to restore the City Property in accordance with this Section 8.4, City may perform such work or have such work performed, and Licensee shall reimburse City for all costs of the work so performed upon receipt of a statement therefor.

9.0 Performance Bond.

9.1 The grant of this License is effective only upon further consideration that Licensee shall file with and shall thereafter at all times during the remaining term of the Licenses keep on file with the City a faithful performance bond payable to the City in the sum of Fifty Thousand Dollars ($50,000.00), with a good and sufficient corporate surety approved by the City, and upon conditions that Licensee shall well and truly observe, fulfill, and perform each term and condition of this License and that in case of any breach of conditions of this License, the whole amount of the penal sum therein named shall be deemed to be liquidated damages, and shall be recoverable from the principal and sureties upon the bond. The amount of said bond may be subject to an increase in accordance with the CPI-U cited in Section 3.2 herein, and Licensee shall provide the revised bond amount within 60 days of receipt of notice from the City that it shall do so.

Notwithstanding the foregoing, if City does not notify Licensee of its duty to provide an increased 5 bond within any particular five-year period, and within 90 days of the end of the five-year period the City did not expressly waive in writing the duty to provide an increased bond, Licensee shall provide City with bond(s) for the full amount after increases.

9.2 Such bond shall be accompanied by a power of attorney from the surety company authorizing the person executing the bond to sign on behalf of the company. If the bond is executed outside the State of California, all copies of the bonds must be countersigned by a California representative of the surety. The signature of the person executing the bond shall be acknowledged by a Notary Public as the signature of the person designated in the power of attorney.

9.3 The surety on the bond furnished must be satisfactory to the City and must: (i) be an admitted surety insurer under the laws of the State of California; (ii) hold a certificate of Authority from the U.S. Secretary of the Treasury under 31 U.S.C. as an acceptable surety on federal bonds; (iii) be listed in the latest edition of U.S. Department of Treasury Circular 570; and (iv) issue the bond within the surety’s bonding limitations as set forth in Circular 570. Exception:

A bond from a California admitted surety that is not listed in Treasury Circular 570 may be accepted by City provided said bond is accompanied by all of the documents enumerated in California Code of Civil Procedure Section 995.660(a), as it may be amended from time to time.

10.0 Indemnification.

10.1 Licensee shall defend, indemnify and hold City, its officers, agents, employees, and representatives harmless from all suits and causes of action, claims, charges, damages, demands, judgments, civil fines, costs and expenses including reasonable attorneys’ fees, and penalties or losses of any kind or nature whatsoever, arising out of this License.

10.2 This indemnification shall include without limitation: (1) claims for injury to or death of any person; (2) property damage; (3) performance or failure to perform the obligations in this License by Licensee, or its contractors, subcontractors, agents, employees, or other persons acting on Licensee’s behalf; (4) the design, placement, maintenance, repair, or condition of the Monitoring Wells; (5) all claims, demands, damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable attorney fees) of any kind alleging injury to or death of persons or damage to public or private property including environmental damage that arises from or is directly attributable to, the Monitoring Wells or any release of hazardous materials or contaminants from the Monitoring Wells during operations and/or after abandonment; and (6) all other claims of any nature whatsoever which may arise directly or indirectly from the Work, except and to the extent caused by City’s active negligence, willful misconduct or criminal acts.

10.3 In the event that City or any of its officers, agents, employees or representatives shall be made a party to any action due to Licensee’s violation of this License or any federal, state or local laws including but not limited to Section 5 of this License, Licensee shall indemnify, defend and hold City harmless from any and all such claims.

10.4 The provisions of this Section 10 shall apply regardless of whether City prepared, supplied, or approved plans or specifications or inspected any of the Work or improvements installed and constructed pursuant to this License.
6 11.0 Hazardous Materials. At all times during the term of this License and thereafter, Licensee shall be absolutely liable without regard to fault (unless one or more third parties have already made City whole) for any damages, including but not limited to remediation and cleanup costs, caused by any release of hazardous materials or contaminants from Licensee’s Facilities that may have occurred during Licensee’s operations and/or after abandonment. To the greatest extent of the law, Licensee shall defend, indemnify, and hold harmless City, its officers, agents, and employees from and against all claims, demands, damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable attorney fees) of any kind alleging injury to or death of persons or damage to public or private property including environmental damage claims, and that such injury, death or damage arises from, is directly attributable to, or caused by the Licensee’s Facilities during operations and/or after abandonment.

12.0 Limits of City Liability.

12.1 In no event shall City be liable under any theory to Licensee for any damage to the Monitoring Wells caused by any excavation or work performed by any other persons or by City at or near the location of the Monitoring Wells except and to the extent caused by City’s active negligence, willful misconduct or criminal acts. City shall not be liable, under any theory, to Licensee for any indirect, special punitive or consequential damages including, but not limited to, any claim for loss of services.

12.2 Nothing in this License shall be deemed to make City or any officer or employee of City responsible or liable to Licensee or any other person by reason of City’s approval of plans for the Work or by reason of any inspections of the Monitoring Wells conducted by City, except and to the extent caused by City’s active negligence, willful misconduct or criminal acts.

13.0 Insurance.

13.1 Licensee shall assume all responsibility for damages to property or injuries to persons, including accidental death, which may arise from or be caused by Licensee’s performance under this License, or by anyone Licensee has directly or indirectly employed, and whether such damage or injury shall accrue or be discovered before or after termination of this License.

13.2 Prior to the issuance of this License, Licensee shall be required to secure and keep in full force and effect at all times during the term of this License, a policy or policies of commercial general liability and automobile liability insurance and such other insurance as the City may from time to time require, written by a company or companies authorized to do business within the state of California and approved by City, which reasonable approval may not be withheld. Said policies shall name the City of Vernon, its duly elected or appointed officers, agents, and employees as additional insureds, under the policies in the following amounts which may be adjusted from time to time to reflect changes of circumstances and the rate of inflation.

The additional insured coverage under the Licensee policies shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance:
(a) Commercial General Liability Insurance with minimum limits of at least $1,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Section Office (ISO) 7 Comprehensive General Liability “occurrence” form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required; and (b) Automobile Liability Insurance endorsed for all owned, hired, and nonowned vehicles with a combined single limit of at least $2,000,000 per occurrence for personal injuries, including accidental death, to any one person; and for property damage. This policy shall be endorsed to waive all rights of subrogation against the City, its directors, commissioners, officers, employees, and volunteers from losses arising from the performance of this License.

13.2 All policies shall contain a “Severability of Interest” clause and a “Primary Coverage” clause for any loss arising from or caused in whole by Licensee’s performance under this License. In addition, all policies shall contain a statement of obligation on the carrier's part to notify City at least thirty (30) days in advance of any policy cancellation, termination, or reduction in the amount of coverage.

13.3 Prior to the issuance of this License and on an annual basis, Licensee shall furnish City with a “certificate of insurance” and an “additional insured endorsement,” both documents countersigned by the insurance carrier or its authorized representative, on forms satisfactory to the Department of Risk Management, which set forth the above provisions. The countersigned certificate, along with the additional insured endorsement, shall state: “The City of Vernon, its officers, agents, and employees are named as additional insureds under this policy. This insurance is primary to the coverage of the City. Neither the City nor any of its insurers shall be required to contribute to any loss. This policy contains a severability of interest clause. The issuing company shall mail to the City a thirty (30) days advance notice of any policy cancellation, termination, or reduction in the amount of coverage.”

LICENSEE SHALL FURNISH THE REQUIRED CERTIFICATE(S) OF INSURANCE AND ENDORSEMENT(S) BEFORE CITY ISSUES THIS LICENSE.

13.4 Licensee shall secure and maintain workers’ compensation insurance, as required by state law, but at least in an amount not less than $1,000.000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from the performance of the License. Licensee shall furnish the City with a certificate showing proof of such coverage.

14.0 General Conditions.

14.1 Any right or power conferred, or duty imposed upon any officer, employee, department or board of City, shall be subject to transfer by operation of law to any other officer, employee, department or board of City.

14.2 This License is non-exclusive. The granting of this License or any of the terms or conditions contained herein shall not be construed to prevent City from granting over the route herein specified or elsewhere any identical, similar or other type of license or franchise to any person, firm or corporation other than Licensee.

14.3 Time is declared to be of the essence in implementing and enforcing the terms of this License.
8 14.4 This License is not intended for any third party's benefit and cannot be enforced by any third party.

14.5 The Parties understand and agree that execution and performance of this License does not constitute, and shall not be construed as, an admission of liability, fault, or responsibility of any Party.

14.6 If any action at law or in equity is brought to enforce or interpret the provisions of this License, the prevailing Party shall be entitled to reasonable attorney’s fees in addition to any other relief to which he, she or it may be entitled.

14.7 The validity of this License and of any of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of California, without regard to such state’s conflict of laws rules.

14.8 No provision herein made for the purpose of securing performance of the terms and conditions of this License shall be deemed an exclusive remedy, or to afford the exclusive procedure for the enforcement of this License’s terms and conditions, but the remedies and procedures herein provided, in addition to those provided by law, shall be deemed to be cumulative.

14.9 This License is not transferable. Licensee shall not sell, transfer, assign or lease this License, or any part hereof, or any of the rights or privileges granted hereby. Licensee may not assign its duties hereunder, and may not assign its rights hereunder to any person or firm.

14.10 A waiver by City of any breach of any term covenant, or condition contained in this License shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this License whether of the same or different character.

14.11 All notices herein must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date either personally delivered to the address indicated below; or on the third (3rd) business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post Office; or when sent via facsimile to a Party at the facsimile number set forth below or to such other or further facsimile number provided in a notice sent to the other Party, on the date of transmission of that facsimile. Should City or Licensee have a change of address, the other Party shall immediately be notified in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests between the Parties shall be given to the other Party addressed as follows:
9 City: Licensee:

City of Vernon Attn: Jim L. Smith, Liability Manager
Public Works Department BP Remediation Management
4305 Santa Fe Avenue 201 Helios Way
Vernon, CA 90058-1714 Helios Plaza, 6th Floor
Houston, TX 77079
Phone: (323) 583-8811 Phone: (832)619-3585
Fax: (323) 826-1438 Email: [email protected]
Executed in this _______ day of _____________, 2025.

CITY OF VERNON, a California charter City and
California Municipal Corporation
By: __________________________________
Leticia Lopez, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ______________________________________ Genoveva Rocha, City Clerk Zaynah Moussa-Milward, City Attorney

BY THE AUTHORIZED SIGNATURES SET FORTH BELOW, LICENSEE HEREBY

ACCEPTS THE FOREGOING LICENSE AND AGREES TO PERFORM AND BE BOUND BY EACH AND EVERY TERM AND CONDITION HEREOF.

PROPERTY: 5511 District Boulevard, Vernon, CA 90058
LANDLORD: BP Products North America, Inc. (BPPNA), a Maryland Corporation COUNTY: Los Angeles
SIGNATURE BLOCK:

BP Products North America, Inc. (BPPNA), a Maryland Corporation By: By:

Its: Its:
10 NOTARIZATION SIGNATURE ONE

ALL PURPOSE ACKNOWLEDGEMENT FORM
State of California )
) SS.

County of Los Angeles)
On ____________________, 20____, before me, _________________________________, a Notary Public, personally appeared _________________________________________________ ______________________________________________________________________________

who 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 acknowledged 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 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.

____________________________ Notary Public
in and for said County and State
DESCRIPTION OF ATTACHED DOCUMENT: CAPACITY CLAIMED BY SIGNER:

ENCROACHMENT LICENSE o - Individual
o - California Limited Partnership
o - Limited Liability Company
o - Co-trustee(s)
o - Other
______________ _________________
Number of Pages Date of Document
11 NOTARIZATION SIGNATURE TWO

ALL PURPOSE ACKNOWLEDGEMENT FORM
State of California )
) SS.

County of Los Angeles)
On ____________________, 20____, before me, _________________________________, a Notary Public, personally appeared _________________________________________________ ______________________________________________________________________________

who 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 acknowledged 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 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.

____________________________ Notary Public
in and for said County and State
DESCRIPTION OF ATTACHED DOCUMENT: CAPACITY CLAIMED BY SIGNER:

ENCROACHMENT LICENSE o - Individual
o - California Limited Partnership
o - Limited Liability Company
o - Co-trustee(s)
o - Other
______________ _________________
Number of Pages Date of Document
12 EXHIBIT “A”
Description and Map of Work ~~~~

FORMER CASTROL BRANDED

VERNON FACILITY

RAIL ROAD TRACKS

HELIOTROPE AVE

DISTRICT BLVD

AMRO INDUSTRIES

FACILITY

FORMER KOP-COAT

FACILITY

MAYWOOD MUTUAL

WATER COMPANY
No.3
FORMER

CLARIFIER

TANK FARM A

HOT OIL
BOILER

TANK FARM B

INACTIVE

CLARIFIER

OFFICE AND

LAB AREA

WAREHOUSE

PRODUCTION

UNDERGROUND PRODUCT PRODUCTION

TRANSFER PIPING

SUPPLY ROOM

BREAK ROOM OFFICE
UST

LOCATION

MATHESON

TRI-GAS/SAINT GOBIAN
(ON SITE PARCEL)
MW-1
MW-4
9 FIGURE
CITY:MUMBAI, INDIA DIV/GROUP:ENVCAD DB:S.DSOUZA LD: PIC: PM: TM: ES:

C:\Users\JDLoving\ARCADIS\Environmental CAD Team - BIM360 - OneDrive Sync Location\AUS-BP-FX4 CASTROL-VERNON PLANT-VERNON California\2022\01-In Progress\01-DWG\CA V FIG 9 PMASPL.dwg LAYOUT: 9 SAVED: 9/19/2024 4:30 PM ACADVER: 24.2S (LMS TECH) PAGESETUP: ---- PLOTSTYLETABLE: PLTFULL1.CTB PLOTTED: 9/19/2024 4:53 PM BY: LOVING, JEFF

FORMER CASTROL BRANDED VERNON FACILITY
5511 DISTRICT BOULEVARD, VERNON, CALIFORNIA
N

PROPOSED MW IN

CITY OF VERNON ROW

SITE PROPERTY BOUNDARY

TANK FARM BOUNDARY

MONITORING WELL LOCATION IN
CITY OF VERNON R.O.W.

NOTES:

1. BASE IMAGE SOURCE : (C) 2020 MICROSOFT
CORPORATION (C) 2020 MAXER (C) CNES (2020)

DISTRIBUTION AIRBUS DS

2. LOCATIONS FOR SOIL BORINGS SB-24 THROUGH SB-27
ARE APPROXIMATE.

LEGEND:

APPROXIMATE SCALE 1 IN. = 40 FT
0 40' 80'

UST UNDERGROUND STORAGE TANK

EXHIBIT A
13 EXHIBIT “B”
Special Application Requirements and
Conditions of Approval — Monitoring Wells
A Revocable Encroachment License from the Director of Public Works shall be required before commencing any monitoring well activity including but not limited to: drilling, digging, excavating, boring, or deepening a monitoring well for any purposes including but not limited to groundwater sampling, vapor extraction, water level monitoring, general maintenance, new well installation, modification, abandonment or destruction. An annual monitoring well encroachment permit must be issued for ongoing monitoring well operations, maintenance, and repairs.

Application Requirements.

Applicant shall provide the following with its application for a Revocable Encroachment License:
(1) A letter from the lead government agency that is overseeing the monitoring well project.

The letter shall state: (a) the purpose for the monitoring well activities proposed, (b) the activities are required by the agency, and (c) the monitoring well activities within the public right-of-way are required. Examples of such lead government agencies include, but are not limited to, the Regional Water Quality Control Board (RWQCB), State Department of Toxic Substances Control (DTSC), and the United States Environmental Protection Agency (EPA). (2) The lead government agency’s case number or project identification number for the monitoring well project.
(3) Full contact information of the lead government agency’s project manager which shall include but not be limited to said project manager’s full name, address, phone number, fax number, and email address.
(4) Total well depth(s) and diameter(s).
(5) The average depth of the water table below ground surface. (6) Site map detailing all well and boring locations for the entire project. (7) Traffic control plan, if required by City.
(8) Applicable technical reports describing the monitoring project, including the purpose, the work to be done using the well, and how long the well will remain in place. (9) A vertical shaft design specification. If the vertical shaft is temporary, also provide well destruction procedure or backfill procedure.
(10) Any other permits and documents issued by other governmental agencies applicable to the monitoring project.
14 Conditions of Approval
(1) Written notification shall be provided to property owners within 300 feet of proposed well, indicating the nature of the activity to be conducted at the proposed well site. A copy of said notification shall be submitted to City prior to obtaining a permit for construction of the well(s). (2) Licensee shall notify City’s inspection unit at least 24 hours prior to excavation and again 24 hours prior to installation of final A.C. hot patch, if required. Any work undertaken without benefit of inspection will be subject to removal and reinstallation at Licensee’s expense. (3) All monitoring wells shall have a durable identification tag secured onto the well cap and interior of the well to provide at a minimum the following:
a. Name and phone number of firm maintaining the well(s). b. Designation of well(s).
c. Date of installation of well(s).
d. Ownership of well(s).
e. Emergency contact information.
(4) Licensee shall ensure that the monitoring well(s) has the proper sanitary seal and lid. (5) Licensee shall provide a minimum of five (5) feet horizontal clearance from any water or sanitary sewer lines.
(6) The installation or destruction of the monitoring well shall be done by a licensed well contractor.
(7) For long-term monitoring wells, an Annual Encroachment Permit will be required. The Annual Permit is renewable at the anniversary of the permit. Permit renewal must be filed before the current permit is expired. The reason for the renewal should be stated in the permit application. (8) Upon termination or at the end of the well monitoring period, Licensee shall properly destroy or seal all monitoring wells and fully restore the City Property in accordance with City specifications. Prior to destruction of a well(s), a City permit shall be obtained, ensuring that street repair shall be in accordance with City standards.
(9) Licensee shall submit the final report of the monitoring program to the City Water Department.

X
2,000,000
24147
A
07/01/2026 X
1,000,000
HOU-004171984-07
07/01/2025
X
2,000,000
08/04/2025
17 1,000,000
1,000,000
1,000,000
A
07/01/2026
MWTB-316402-25 07/01/2025
MWC-316400-25
1,000,000
of the operations of the named insured subject to policy terms and conditions. Medical Expenses are self-insured.

City of Vernon; Its duly elected or appointed officers, agents and employees are included as an additional insured (Except Workers' Compensation), but only to the extent required by written contract. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions. This insurance is primary and non-contributory over any existing insurance and limited to liability arising out 201 Helios, Third Floor
BP Products North America Inc.

Houston, TX 77079
1,000,000
Old Republic Insurance Company
X
500 Dallas St., Suite 1500
MARSH USA LLC.

Attn: [email protected] / Fax: 212-948-0509
Houston, TX 77002
MWZY-316401-25
N
4305 Santa Fe Avenue
Vernon, CA 90058-1714
City of Vernon
Public Works Department
07/01/2025
A
1,000,000
X
07/01/2026

Bond ltlo . zssarsoog
KNOWALL MEN BY TT{ESE PRESENTS
THAT WE BP PRODUCTS NORTH AMERICA. INC. db
Principal, and rteeRw uurunr rrusunRrucr coupRruy ,
a ccrporation duly incorpCIrated under the laws of the State of NY and authorized to do business in the State nf CA , fls Surety, are held and firmly bound unto as Obligee, in
the penal sum of Fifty Thousand and 00/100 ) Dollars,
for the payment of which we hereby bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.

WHEREAS. the Principal has obtained or is about to obtain a license or permit for E$:*gp.TStruction, maintehance and repair (Work) of two groundwater monitoring wells (Monitoring Wells) on NOW, THEREFORE, 'fHE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Principal shall faithfully comply with all applicable laws, statutes, ordinances, rules or regulations, pedaining to the license or permit issued, then this obligation shall be null and void; otherwise to remain in full force and effect.

This bond shall becom# effective on rcn3z025
PROVIDED, that regardless of the number of years this bond is in force, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the penal sum listed above.

PROVIDED FURTHER, that the Surety may terminate its liability hereunder as to future acts of the Principal at any time by giving thirty (30) days written notice of such termination to the Obligee.

SIGNED, SEALED ANID DATED this october24,zazs
RP PRODIJCT.S NORTH AR/I IN(1
By:
"-.R3
Attdrney-in-Fact
Principal
l LIBERTY [XUTUAL INSURANCE COMPANY
By
Victoria Johnson Attorney-i n-fact
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illutudl,

POWER OF ATTORNEY
Liberty ftllutual lnsuranm Company
The Ohio Casualty Insurance Company
West American lnsurance ComPanY
Certificate No: 821 4194-285457
SURETY
state eaeh m0re 0ne its true
I
maKe,
execute, seal, 0n AS AS act any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons.
lN WTNESS WHEREOF, this power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 10th day of Jnne _2$25 ..

Liberty Mutual lnsurance ComPany
The Ohio Casualty lnsurance Company
lr$est American lnsurance Company
By:
f{-*t7
Nathan J.
of PENNSYLVANIA
of |\I0NTGOMERY
SS
this 1Oth of June , 2025 before me personally appeared Nathan J. Zangerle, who acknowledged himself to be the Assistant Sesetary of Liberty Mutual CasuaifiTornp.any, anO West American lnsurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purp0ses contained by signing on behalf of the corporations by himself as a duly authonzed officer. lN WTNESS WHEREOF, I have hereunto subscdbed my name and affxed my notarial seal at Plymouth Meeting, Pennsylvania, on tre day and year first above written.

By:
af Nolaries
This Power of Attomey is made and executed pursuant to and by authodty of the following ByJaws and Authorizations of The Ohio Casualty lnsurance Company, Liberty Mutual lnsurance Company, and West American lnsurance Company whict resolutions are nov{ in full force and effect reading as follows:

ARTICLE lV- OFFICERS: Section 12. Powerof Attomey.

Any offcer or other official of the Corporation authorized for that purpose in writing by the Chairman or the Presldent, and subject to such limitation as the Chailman or the President may presoibe, shall appoint such atomeyvin-fact, as may be nec€ssary to act in behalf of the Corporation to make, execute, seal, adnourledge and deliver as surety have full porver to bind the Corporation by heir signature and executjon of any such instrumenb and to attach thereto tre seal of the Corporation. Wten so executed, such insfumenb shall be as binding as if signed by the President and attested to by tfre Secretar. Any pou,er or aufrorig granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by $e Board, tre Chairman, fre President or by fre officer or officers granting such power or authority.

ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings. shall appoint such atomeys-in-fac,t, as may be nec€ssary to act in behalf of the Company to make, execule, seal, acknowledge and deliver as surety any and all undertakings, Compaoy by their si$natule and execution of any such insbuments and to attach thereto the seal of the Company. lrVhen so executed such insfuments shall be as binding as if signed by the president rpd altested by lhe secretary.

Gertificate oi Designation - The President of the Company, acting pursuant to the Bylaws of 0re Company, autrorizes Natran J. Zangede, Assistant Secretary to appoint such attomoys-in{act as may be necessar to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recoEnizances and otiier surety obligatryrs.

Company, wherever appearing upon a certified mpy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effed as ttrougfi oianually affixed. has not been revoked.
lN TESTIMONY VVHEREOF, I have hereunto set my hand and aff,rxed the seals of said Companies this 24th day of Octobel , 2025 1912 1919 1 991
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Teresa Pastelta, Publie
Montgomery County
My commission expires March 28,2AZg
Commission number 112fiM4 L
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1912 1919 1391
LMS-12873 LMIC OCIC WAIC Multi Co A2124
By:

KNOWN ALL
Liberty Mutual
under the laws

POIVER OF ATTORNEY
BP Products North America lnc., a corporation duty organized and subsisting in good standing under the laws of Marytand (the "Company") does hereby make, constitute and appoints the fottowing emptoyees of Aon Risk Services Central lnc. ("Aon Risk"):

Christina L. SandoYal
Sandra ii. Winsted
Susan A. Welsh
Judith Lucky-EftimoY
Wesley iA. Raska
Kristin L, Hannigan
Bartlomiej Siepierski
Candice Jefferson
Derrick J. Elston
Dartonya Wright
Roger Paraison
Nicholas Kertesz
Tara frtaquinto
as its lawful Attorney-in-Fact (hereinafter referred to as "Attorney-in-Fact") for and in the name of the Company to take any and alt of the fottowing actions:

To approve, make, sea[, acknowtedge, execute and detiver any bid bonds, performance bonds, customs bonds, tabor and material payment bonds, maintenance bonds, commercial surety bonds, and other surety obtigations, and guarantees, indemnity agreements or other instruments related thereto, and atl bonds or other instruments of a similar nature, for each bond or instrument in an amount up to 53,000,000, or in the case of customs bonds, in an amount up to 56,000,000, as shatt be required in connection with:
(i) any work to be performed by the Company;
(ii) bids, proposals, contracts, agreements, affidavits, or other instruments pertaining to the sate of products by the Company;
(iii) tax returns, reports or other instruments retating to cottection of taxes; (iv) the conduct of any business of the Company, inctuding requirements of the United States government, any state, county, municipatity, or potitical subdivision, agency or department thereof; or
(v) setf-insurance apptications, permits, returns, reports, and other similar documents retating thereto, which in each case in pursuance of these presents shatl be as binding on the Company as if such documents and instruments had been duty signed and attested by officers of the Company.

HEREBY GIVING AND GRANTING said Attorney-in-Fact fult power and authority to do and perform atl acts necessary and proper to accomptish the foregoing, and hereby ratifying and confirming atl that said Attorney-in-Fact shatt do or cause to be done by virtue 1 thereof.

THIS POWER OF ATTORNEY contains the foltowing restrictions:

1. The authorities described herein are not transferable nor can they be sub-delegated to any other individuals.

2. The power and authority hereby conferred upon the Attorney-in-Fact supersedes and reptaces any previous delegation of power or authority, specificatly if those previous detegation(s) are connected to the authorities described herein.

THIS POWER OF ATTORNEY shatt be effective as of February 28,2A25, and shat[ remain vatid until the earlier of any of the following:

1. On and through February 28,2426;

2. The date the Attorney-in-Fact ceases to be an emptoyee of Aon Risk; or

3. The date this Power of Attorney is formatty revoked by the Company.

BP Products North America lnc. has caused this Power of Attorney to be executed by its duty authorized officer.

BP Products North America Inc.
5Signed by:

By: I *n}n* h. {sr*saw
Name:

Titte: Yice President
7 \

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