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HomeMy WebLinkAboutPHILLIPS 66 (UNION/TOSCO) #2 FRANCHISE2, Phillips 66 (Un . lonrrosco)#2 UtilitiesI.Public Service 1201-07 Franchise , Oil, ME 055 �.� -T _ _ \ __ ..._ - �- .ti_.- -. _. . Diane Reynolds - Union Oil / Tosco From: Diane Reynolds To: Audrey Hooper Subject Union Oil / Tosco Page 1 of 1 I have the Union Oil file folder back in the vault. I put the copy of Jonathan's letter regarding the franchise in the folder. Christine says that when they receive the franchise transfer applications, she will followup on the insurance part. about: blank 5/25/2005 May 19, 2005 Ms. Mona Hebert 3900 Kilroy Airport Way, Ste. 210 Long Beach, CA 90806 Re: Transfer of Union Pipeline Company Franchise Dear Ms. Hebert: Thank you for your letter dated March 1, 2005 requesting that the San Luis Obispo City Council consent to the transfer of the existing oil pipeline franchise, granted to Union Pipeline Company ("Unocap") though Ordinance No. 1391 (2001 Series), to ConocoPhilli s Pipeline Com any( `CPPLC_')We have now had an opportunity to review t e terms of the ranc jse and t &visions of —the -6 rdinance governing such a transfer. Article 17 of the "Terms and Conditions of Franchise" requires that both Unocap and CPPLC submit notarized applications for transfer containing the information specified in Section B of Article 17 (enclosed). Those applications must be accompanied by the applicable transfer fees, as set forth in Section C of Article 17. In light of your representation that CPPLC is willing to assume all of Unocap's obligations under the existing Franchise Ordinance and the fact, that the Franchise Agreement was so recently renegotiated, we do not believe that any modification of the franchise by adoption of an amending ordinance will be necessary. However, the City Council retains it right, as set forth in Article 17, Section E, to impose such additional terns and conditions upon CPPLC as are in the public interest and permitted by applicable law. In the event that Council determines that additional terms or conditions are necessary, we will need to process an amending Ordinance. We look forward to receiving franchise transfer applications and working with you to process the transfer efficiently. Thank you. Very truly yours, 7hathanwell City Attorney The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. cc: Audrey Hooper, City Clerk Jay Walter, Public Works Director Bill Statler, Finance Director G:V.Fr1ERSViebert.Unocap Franchise Trnnsfer.05.5.17.DOC ORDINANCE NO. 1391 (2001 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TO UNION PIPELINE COMPANY, A CALIFORNIA CORPORATION, A FRANCHISE TO CONSTRUCT, OPERATE, AND MAINTAIN PIPELINES FOR THE TRANSPORTATION OF OIL, AND OTHER SPECIFIED MATERIALS IN THE CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA WHEREAS, the City of San Luis Obispo adopted Ordinance No. 1038 on April 2, 1985 granting a franchise to Union Oil Company of California for a term of 25 years for the transportation and distribution of oil and other specified materials in the City of San Luis Obispo; and WHEREAS, Union Oil Company of California sold or transferred a portion of its pipelines subject to Ordinance No. 1038 to TOSCO Corporation and Union Pipeline Company, a California Corporation; and WHEREAS, Union Oil Company of California informed the City of San Luis Obispo that it intends to commence the abandonment process for its remaining.interests under Ordinance No. 1038 that have not been sold or transferred to TOSCO Corporation and Union Pipeline Company, a California Corporation; and WHEREAS, Union Oil Company of California's remaining pipeline interests in the City of San Luis Obispo are still subject to the existing fianchise agreement granted in Ordinance No. 1038 until such time that Union Oil Company of California has abandoned such pipelines pursuant to applicable law; and WHEREAS, TOSCO Corporation and Union Pipeline Company have requested the City of San Luis Obispo to enter into new franchise agreements for the oil transportation and distribution pipelines acquired from Union Oil Company of California. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo to grant a franchise to construct, operate, and maintain pipelines for the transportation of oil, and "other specified materials in the City of San Luis Obispo to Union Pipeline Company (" Unocap'), a California corporation as follows: SECTION 1: Terms and Conditions of Franchise (Table of Contents begins on page 2): 01391 Ordinance No, 1391 (2001 cries) Page 2 of 28 2 Page ARTICLE I NATURE OF FRANCHISE 4 A. Grant of Franchise 4 B. Limitations Upon Grant 5 C. Rights Reserved to the City of San Luis Obispo 6 AR1ICLE2 APPURTENANCES 6 ARTICLE 3 LOCATION OF PIPELINES 7 ARTICLE 4 CONSTRUCTION OF PIPELINES 7 A. Terms of Construction 7 B. Restoration of Streets 7 ARTICLE 5 COMMENCEMENT OF CONSTRUCTION 7 ARTICLE 6 MAPS AND REPORTS TO BE FURNISHED 8 ARTICLE 7 COMPENSATION TO TEE CITY 9 ARTICLE 8 EMERGENCY EQUIPMENT AND CREWS 10 ARTICLE 9 REPAIR OF DEFECTIVE FACILITIES AND REPAIR OF DAMAGE TO CITY STREETS 11 ARTICLE 10 REARRANGEMENT OF FACILITIES 11 A. Expense of Grantee 11 B. Expense of Others 12 C. Rearrangement of the Facilities o! Others 13 D. Notice 13 ARTICLE I I GRANTEE'S REMOVAL OR ABANDONMENT OF FACILITIES 13 ARTICLE 12 COMPLETION OF WORK 16 2 Ordinance No. 1391 (2001 series) Page 3 of 28 TABLE OF CONTENTS, CONT'D. ARTICLE 13 RECOVERY OF COSTS OF REPAIRS AND UNPAID FEES ARTICLE 14 BOND ARTICLE 15 INSURANCE ARTICLE 16 INDEMNIFICATION BY GRANTEE ARTICLE 17 CHANGES IN CONTROL OF FRANCHISE ARTICLE 18 WAIVER OF BREACH ARTICLE 19 DEFAULT ARTICLE 20 SCOPE OF RESERVATION ARTICLE 21 NOTICE ARTICLE 22 SUCCESSORS ARTICLE 23 ACCEPTANCE OF FRANCHISE ARTICLE 24 FORCE MAJEURE ARTICLE 25 LIQUIDATED DAMAGES ARTICLE 26 ATTORNEYS' FEES ARTICLE 27 CONDEMNATION 0 3 16 18 19 20 20 23 23 24 24 25 25 25 26 27 27 Ordinance No. 1391 (2001 aeries) Page 4 of 28 ARTICLE I NATURE OF FRANCHISE A. Grant of Franchise. 1. The City of San Luis Obispo (hereinafter referred to as "City"), hereby grants to Union Pipeline Company , a California Corporation, (hereinafter referred to as "Grantee"), pursuant to the provisions of Article X of the San Luis Obispo City Charter, Article Xl, Section 9(b) of the California Constitution, and Section 39732(b) of the California Government Code, the non-exclusive right, privilege and franchise, subject, however, to all the limitations and restrictions herein contained, to construct, erect, maintain, operate, repair, renew, abandon, and change the size of and remove pipelines, not to exceed twelve (12) inches nominal internal diameter, for the transportation of oil, products thereof, hydrocarbon gases and other gas necessary for the operation and maintenance of the pipelines, water and mixtures thereof, movable by pipeline, in, under, along, and across the public streets, ways, alleys and places within the City of San Luis Obispo (hereinafter collectively referred to as "streets"), as described in Exhibit No. 1, attached hereto and made a part hereof. 2. The term of the franchise granted under this Ordinance shall be for a term often (10) years, commencing with the date on which it is accepted by Grantee. 3. Unless otherwise specifically stated, the following provisions shall govern the interpretation and construction of the franchise granted herein: (a) This franchise shall include the right, for the period and subject to the conditions hereof, to construct, erect, maintain, operate, repair, regrew, abandon and change the size and remove the said pipelines, if any, of Grantee, as laid and constructed in said streets. (b) The terms and conditions of this franchise shall also apply to any pipe or other facilities of Grantee which are located within the right of way of any existing public road or street at the time such road or street becomes a City street through annexation or otherwise, subject to any other existing rights enjoyed by Grantee. (c) Grantee shall not be relieved of its obligation to promptly comply with any provision of this franchise by failure of the City to enforce prompt compliance. (d) Any right or power conferred, or duty imposed upon any officer, employee, department, or other City entity, by the terms of this franchise, may be legally transferred to any other City officer, employee, department, or other City entity. (e) Grantee shall have no recourse whatsoever against the City for any loss, cost, expense, or damage suffered by Grantee and arising out of any provision or requirement of this franchise or its lawful enforcement by the City. Ordinance No. 1391 (2001 aeries) Page 5 of 28 (f) This franchise does not relieve Grantee of any applicable requirements of the San Luis Obispo Municipal Code or of any federal, state, or City law, ordinance, rule, regulation, or specification, including, but not limited to, any requirement relating to street work, street excavation permits, or the use, removal or relocation of property in streets, except as specifically prescribed herein. (g) This franchise is non-exclusive. Neither the granting of this franchise nor any of the provisions contained herein shall be construed to prevent the City from granting any identical or similar franchise to any other person. (h) The compensation provided for in this franchise is for (i) the rights and privileges granted by this franchise, and (ii) the right and privilege granted to the Grantee to construct, erect, maintain, operate, repair, renew, abandon and change the size of and remove the said pipelines pursuant to this franchise within the City's streets. The City expressly reserves the right to impose and collect from Grantee, on a non-discriminatory basis, its normal duly established processing and inspection fees from street cutting and excavation permits to the extent such fees are imposed generally on all non-governmental applicants for such permits within the City. (i) Any activities.involving the use of a pipeline system for the transmitting of oil, products thereof, hydrocarbon gases and other gas necessary for the operation and maintenance of the pipelines, water and mixtures thereof, which are not specifically authorized under this franchise are prohibited under this franchise. Except as provided in Article 2, any telecommunication or other uses not authorized in this franchise Ordinance must be approved by the City under a separate franchise. (j) If any provision of this franchise, or the application of this franchise to any person or circumstance is held invalid by a court of competent jurisdiction or is not in compliance with any requirement of the Public Utilities Commission, the City, or any other federal or state body or agency having jurisdiction over Grantee's franchise activities, the remainder of this franchise Ordinance, or the application of this franchise to persons or circumstances other than those to which it is held invalid or not in such compliance, shall not be affected thereby. B. Limitations Uuon Grant. 1. No privilege or exemption is granted or conferred by this franchise except those specifically prescribed herein. 2. Any privilege claimed under this franchise by Grantee in any street shall be subordinate to any prior lawful occupancy of the street. 3. The rights and privileges of this franchise are granted solely to Grantee except as provided within this franchise Ordinance. This franchise is not be to sold, transferred, leased, assigned, or disposed of as a whole or in part, either by forced sale, merger, consolidation, or Ordinance No. 1391 (200 cs) Page 6 of 28 otherwise, without the City's prior consent as described in Article 17, infra, or as otherwise expressly provided herein. The City agrees that such prior consent shall not be unreasonably withheld or conditioned. C. Rights Reserved to the Ci 1. The rights reserved to the City under this franchise Ordinance are in addition to all other rights of the City, whether authorized by the San Luis Obispo City Charter, San Luis Obispo City Municipal Code, or any other federal, state, or City law, rule, or regulation. No action, proceeding or exercise of a right shall affect any other rights that may be held by the City. Grantee, by acceptance of this franchise, shall be bound thereby and shall comply with any action or requirement of the City in its exercise of any such right or power. 2. The City shall have the power and right at all times during the term of this franchise to require Grantee to conform to the laws, rules and regulations governing the operation of pipelines now or hereafter adopted by the City Council to the extent permitted by law. 3. The City may enforce, to the maximum extent permitted by law, the inspection and testing of pipelines, pursuant to state and federal standards and require appropriate remuneration and fees to cover such enforcement activities. ARTICLE 2 APPURTENANCES The Grantee shall have the right, subject to the prior approval of the City Public Works Department, to construct and maintain such traps, manholes, conduits, valves, appliances, attachments, and appurtenances (hereinafter for convenience collectively referred to as "appurtenances'), as may be necessary or convenient for the proper maintenance and operation of the pipelines under said franchise. Said appurtenances shall be so located as to conform to any order of the City Public Works Department in regard thereto and not to interfere with the use of the streets for travel. The Grantee shall.have the right, subject to such ordinances, rules, or regulation as are now or may hereafter be in force, to make all necessary excavations in said street for the construction and repair of said pipelines and appurtenances subject to the prior approval of the City Public Works Department. "Appurtenances" shall also include any adjunct communications lines and/or conduits as coaxial cable, optical fiber, wire, or other transmission lines or forms of transmission, and associated equipment and devices located in, upon, along, across, under or over the streets of the City, the sole function of which is to monitor or control the operation or safety of the pipeline system via the distribution of video, audio, voice, or data signals. An adjunct communications line shall not include any facility which distributes, through any means, to subscribers or persons other than Grantee, the signal of one or more broadcast television or radio stations or other sources of video, audio, voice, or data signals. Ordinance No. 1391 (2001 Series) Page 7 of 28 ARTICLE 3 LOCATION OF PIPELINES So far as is practicable and within the requirements of the California State Fire Marshall, any pipeline hereinafter laid shall be located along the edge or shoulder of the streets or in the parking areas adjacent thereto so as not unreasonably to'disturb the flow of traffic and where possible shall be laid in the unpaved portion of the street. ARTICLE 4 CONSTRUCTION OF PIPELINES A. Terms of Construction. The pipelines and appurtenances laid, constructed or maintained under the provisions of this franchise shall be installed, maintained, and inspected by the Grantee in a satisfactory, safe, and workmanlike manner, of good material, and in conformity with all ordinances, rules, or regulations now or hereafter adopted or prescribed by the City Council, State, or Federal authorities. B. Restoration of Streets. The work of laying, constructing, maintaining, operating, renewing, repairing, changing size and moving any of the pipeline system contemplated by this franchise and all other work in exercise of this franchise shall be conducted according to the provisions of the City's encroachment ordinances from time to time prevailing, and otherwise in accordance with federal and state law and applicable City ordinances, and with the least possible hindrance or interference to the use of City roads by the public'or by the City of San Luis Obispo, and Grantee shall provide all necessary warning, safety and traffic control devices as are or may be required by City, State or Federal regulations. All excavations shall be back filled and adequately compacted. As part of any work completed under provisions of this franchise agreement, the surface of City streets shall be repaired and replaced to meet current City standards and specifications. Under no circumstances shall the surface of City streets be placed in a manner less than as good and serviceable condition as existed at the beginning of said work, to the satisfaction of the City Public Works Department. ARTICLE 5 COMMENCEMENT OF CONSTRUCTION The Grantee, in good faith, shall commence with work of laying the pipelines and appurtenances within four (4) months from the date of passage of the approval of this franchise, and if any such pipelines be not so commenced within said time, this franchise shall be declared forfeited; provided, however, that if the Grantee is maintaining and operating an existing pipeline system over the route referred to in Article I herein, it shall be deemed to be in compliance with the foregoing. The Grantee shall not commence the construction of any new pipelines under the provision of this franchise or add to such existing pipeline system, if any there be, until it first shall have applied for and obtained a permit therefore from the City Public Works Department. Ordinance No. 1391 (2001 cries) Page 8 of 28 The application of the Grantee shall show the following facts: the length, approximate depth and proposed location of the pipeline proposed to be laid or constructed, the size and description of the pipeline intended to be used, and such other relevant facts as the City Public Works Department may require. The Grantee shall pay any and all encroachment permit fees of the City. Upon the completion of the construction of any pipelines constructed pursuant to said franchise, the Grantee shall render a statement to the City of San Luis Obispo showing in detail the permit or permits issued and the total length of pipeline, the construction of which was authorized under such permit, or permits, and the total length of pipeline actually laid, and the Grantee shall make payment to the City for the pipelines which have actually been constructed under said franchise as provided in Article 7, Section C. ARTICLE 6 MAPS AND REPORTS TO BE FURNISHED A. Within six (6) months of the effective date of this franchise for existing pipelines, and within ninety (90) days following the date in which any additional pipelines have been laid or constructed under this franchise, the Grantee shall file a map in such form as may be required by the City Public Works Department showing the accurate location and size of all its facilities then in place, and shall, upon installation of any additional facilities or upon removal, change or abandonment of all or any portion thereof, file a revised map or maps showing the location and size of all such additional and/or abandoned facilities as of this date. Cathodic protection is to be used for all facilities installed or maintained pursuant to this franchise. For facilities previously in liquid service and where the liquids have been removed and the facilities inerted, or for facilities previously in gas service that are not pressurized, cathodic protection shall be maintained consistent with State Fire Marshall or other agency requirements. A description of all the protective devices shall be furnished to the City Public Works Department which shall show the location and types of anodes, including a description of methods to be used as a protection against corrosion and electrolytic leakage. B. Grantee shall file with the City Finance Director, within thirty (30) days after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise and within thirty (30) days after the expiration of each calendar year thereafter, two copies of a report verified by the oath of Grantee or by the oath of a duly authorized representative of Grantee, showing, for the immediately preceding franchise period, the length of main lines in streets, the nominal internal diameter of such main lines, the rate per foot per year (when applicable) and the total amount due to the City. In this report, Grantee shall also show any change in franchise footage since the last franchise report, segregating such footage as to new main lines and adjunct communications lines laid, old main lines and adjunct communications lines removed, old main lines and adjunct communications lines abandoned in place, and the footage of main lines and adjunct communications lines in territory annexed by the City since the last franchise report. C. Grantee shall file with the City Public Works Department within sixty (60) days after the end of the calendar year a report, in duplicate, showing the permit number of each permit Ordinance No. 1391 (2001 series) Page 9 of 28 obtained for the installation of new main lines during the immediately preceding franchise report period, together with the length and size of said main lines. ARTICLE 7 COMPENSATION TO THE CITY A. During the term of this franchise, Grantee shall pay to the City an annual fee for this franchise, said fee to be those fees prescribed by the California Public Utilities Code section 6231. 5, provided that the rate is subject to increase to the maximum rate established in subsequent amendments of the California Public Utilities Code. Annual payments to be made pursuant to this franchise shall be due and payable in arrears April 1 of each year of this franchise. The initial payment hereunder shall be prorated for the remainder of the current calendar year based on a 365 -day year. At the time of payment of fees by Grantee, Grantee shall file a verified statement with the Clerk of the City of San Luis Obispo, with a copy to the City Public Works Department showing in detail the number of lineal feet and the diameter thereof, expressed in inches, of pipelines covered by this franchise during the previous calendar year, or portion thereof. The compensation provided for in this Article shall be subject to an increase after the first year of the franchise and each subsequent year during the term of this franchise, based on the provisions of California Public Utilities Code section 6231.5, as amended. The fees set forth will be adjusted annually each year by the annual percentage change in the U.S. Bureau of Labor Statistics (or successor agency) consumer price index for all urban consumers (CPI -U) all cities average for the prior calendar year. Notwithstanding the provisions as otherwise stated in this Article and franchise, the Grantee shall be liable to pay the City the annual fee for the period to and including the date of either actual removal of the facilities or the effective date of the abandonment "in place," and until the Grantee shall have fully complied with all of the provisions of law or ordinances relative to such abandonments. In the event of partial abandonment of facilities as provided in the Ordinance, or in the event of partial removal of such facilities by the Grantee, the payments otherwise due the City for occupancy of the streets by such facilities shall be reduced by the length and diameter of pipelines abandoned or the actual pipeline removed beginning with the first day of the next succeeding franchise year, and for each franchise year thereafter, provided, however, that the base rate shall be modified to reflect the adjustment (per this Article) applicable to such abandoned or removed pipeline at the beginning of the next succeeding franchise year following abandonment or removal. Grantee shall pay to the City, upon demand, the cost of all repairs made by the City to public property arising out of the operations of the Grantee under this franchise. Any fees charged or expenses charged to Grantee by City pursuant to this Article, or any other provision Ordinance No. 1391 (2001 eries) Page 10 of 28 of this franchise Ordinance, unless disputed in good faith, shall be. paid when due or shall be deemed delinquent. Any undisputed delinquent amounts shall be charged a 10% penalty and, in addition, shall accrue interest commencing thirty (30) days after the due date, at a rate of one and one-half percent (1.5%) per month (based upon a 30 -day calendar month) or any lesser amount if required by law. Any neglect, omission or refusal by said Grantee to pay any undisputed delinquent franchise fee with any late charges, within thirty (30) days of delinquency, at the times or in the manner herein provided, shall be grounds for a declaration of a forfeiture of this franchise and of all rights hereunder. Payments are to be made to the City Finance Department, 990 Palm Street, San Luis Obispo, California 93401, or at such place as the City shall, from time to time, designate in writing. B. Grantee shall pay the City a granting fee of $5,000.00 within thirty (30) days after the date the City Council adopts this franchise Ordinance. C. Grantee shall pay the City Public Works Department, within sixty (60) days after the end of each calendar year, for each year during the life of this franchise, an initial construction charge calculated at the rate of One Dollar ($1.00) per foot for all new main lines laid pursuant to this franchise Ordinance during the preceding year. D. Right of Inspection. The City shall have the right to inspect Grantee's pipeline accounting and other records relating to its annual report and to audit and recompute any and all accounts payable under this franchise. Costs of audit shall be borne by Grantee when an audit results in an increase of more than five percent of Grantee's annual payments to the City. Acceptance of any payment shall not be construed as a release, waiver, acquiescence, or accord and satisfaction of any claim the City may have for further or additional sums payable under this franchise or for the performance of any other obligation hereunder. ARTICLE 8 EMERGENCY EQUIPMENT AND CREWS At all times during the term of this franchise, the Grantee shall maintain or arrange for, on a 24 -hour -a -day basis, adequate emergency equipment and a properly trained emergency crew within a reasonable distance from any pipelines, appurtenances and facilities installed or maintained pursuant hereto for the purpose of monitoring the leak detection system and the communications systems if applicable, and of shutting off the pressure and the flow of contents of such facilities in the event of an emergency resulting from an earthquake, act of war, civil disturbance, fine, flood, or any other cause or nature whatsoever. 10 Ordinance No. 1391 (2001 zieries) Page 11 of 28 ARTICLE 9 REPAIR OF DEFECTIVE FACILITIES AND REPAIR OF DAMAGE TO CITY STREETS If any portion of any street shall be damaged by any reason related to the Grantee's operations pursuant to this franchise including defective facilities laid or constructed under this franchise, Grantee shall, at its own expense, repair any defect of its facilities and put such street in as good condition as it was before such damage was incurred, to the satisfaction of the City Public Works Department. If Grantee, within ten (10) days after receipt of written notice from the City Public Works Department instructing it to repair such damage, fails to commence to comply with such instruction, or, thereafter, fails diligently to prosecute such work to completion, then the City Public Works Director immediately may take any actions which are, in the sole judgment and discretion of the City Public Works Director, necessary to repair said damage. Any and all costs and expenses so incurred shall be the sole responsibility of Grantee including the current rate of overhead being charged by the City for reimbursable work, which cost and expense, by the acceptance of this franchise, Grantee agrees to pay upon demand. If such damage constitutes an immediate danger to public health or safety requiring the immediate repair thereof, the City Public Works Department, without notice, may repair such damage and Grantee agrees to pay the cost thereof upon demand. ARTICLE 10 REARRANGEMENT OF FACILITIES A. Expense of Grantee. 1. If any of the Grantee's facilities, in the opinion of the City Public Works Director, shall endanger the public or interfere with the use of any street by the public or, for public purposes, the City shall have the right to require the Grantee, and the Grantee shall repair, replace, move, alter or relocate the same (hereinafter called "rearrangement') to avoid such danger, interference or obstruction, in conformity with the written notice of the City Public Works Department, at the Grantee's sole expense. 2. The City reserves the right to change the grade, to construct grade separation facilities, to change the width or to alter or change the location, of any street which is located within the service area for which this franchise is granted. If any of the facilities heretofore or hereafter constructed, installed or maintained by Grantee pursuant to this.f anchise on, along, under, over, in, upon or across any street are located in a manner which prevents or interferes with the change of grade, traffic needs, operation, maintenance, improvement, repair, construction, reconstruction, widening, grade separation, alteration or relocation of the street, or any work or improvement upon the street, Grantee shall relocate permanently or temporarily, as directed at the sole discretion of the City Public Works Director, any such facility at no expense to the City, upon receipt of a written request from the City Public Works Department to do so, and shall commence such work, by beginning engineering, surveying, or other pre -construction activities, on or before the date specified in such written request, which date shall be not less than sixty (60) days from receipt of such written request. Grantee shall thereafter diligently prosecute 11 Ordinance No. 1391 (2001 series) Page 12 of 28 such work to completion.. Should Grantee neglect or fail to relocate its facilities in a timely manner after receipt of any such notice, in addition to the liquidated damages as set forth in Article 25, Grantee shall be responsible for and. shall reimburse the City for any and all additional costs or expenses incurred by City due to or resulting from such delay in the relocation of the facilities plus, where applicable, the current rate of overhead being charged by the City for reimbursable work. If such street be subsequently constituted a state highway, while it remains a state highway the rights of the State of California shall be as provided in Section 680 of the Streets and Highways Code of the State of California. 3. The City reserves the right to lay, construct, repair, alter, relocate and maintain subsurface, surface or other improvements of any type of description in a governmental but not proprietary capacity within, over or under the streets over which this franchise is granted. If the City finds that the location or relocation of such subsurface, surface or other improvements conflicts with the facilities laid, constructed or maintained under this franchise, whether such facilities were laid before or after the improvements of the City, Grantee shall relocate permanently or temporarily, as directed at the sole discretion of the City Public Works Director, any such facility at no expense to the City upon receipt of a written request from. the City Public Works Department to do so and shall commence such work, by beginning engineering, surveying or other pre-construction activities, on or before the date specified in such written request, which date shall not be less than sixty (60) days from receipt of such written request. The Grantee shall thereafter diligently prosecute such work to completion. Should Grantee neglect or fail to relocate its facilities in a timely manner after receipt of any such notice, in addition to the liquidated damages as set forth in Article 25, Grantee shall be responsible for and shall reimburse the City for any and all additional costs or expenses incurred by City due to or resulting from such delay in the relocation of the facilities plus, where applicable, the current rate of overhead being charged by the City for reimbursable work. If such street be subsequently constituted a state highway, while it remains a state highway the rights of the State of California shall be as provided in Section 680 of the Streets and Highways Code of the State of California. 4. If Grantee, after the notice provided for herein from the City, fails or refuses to relocate permanently or temporarily its facilities located in, on, upon, along, under, over, across, or above any street, or to pave, surface, grade, repave, resurface, or regrade as required pursuant to any provision of this franchise, the City may cause the work to be done, and shall keep an itemized account of the entire costs thereof, and Grantee shall hold harmless the City, its officers and employees from any liability which may arise or be claimed to arise from the moving, cutting or alteration of any of Grantee's facilities, or any necessary relocation of the facilities of other utilities. 5. Grantee agrees to, and shall, reimburse the City for such cost within thirty (30) days after presentation to Grantee of an itemized account arising out of the actions taken in this Article 10A. B. Expense of Others. (1) The City shall have the right to require the Grantee to rearrange any part of the Grantees' facilities for the accommodation of the City when such rearrangement is done for the 12 Ordinance No. 1391 (2001 series) Page 13 of 28 accommodation of any water, electric, gas or other utility system now or hereafter owned or operated by the City. Except as otherwise provided in Article I OA, such arrangement shall be at the City's expense. (2) The City shall have the right to require the Grantee to rearrange any part of the Grantee's facilities for the accommodation of any person, firm or corporation. When such rearrangement is done for the accommodation of any person, firm or corporation, other than one of said utility systems owned or operated by the City, the cost of such rearrangement shall be bome by the accommodated party. Such accommodated party, in advance of such rearrangement, shall deposit with the Grantee or the City Clerk cash or a letter of credit or other cash equivalent in an amount, as in the reasonable discretion of the City Public Works Department, shall be required to pay the costs of such rearrangement, and such accommodated party shall execute an instrument agreeing to indemnify and hold harmless the Grantee from any and all damages or claims caused by such rearrangement. (3) The rearrangement referred to in subsection (1) and (2) of Section B of this Article 10 shall be accomplished in conformity with the written notice of the City Public Works Department. C. Rearrangement of the Facilities of Others. Nothing in this franchise shall be construed to require the City to move, alter or relocate any of its facilities upon said streets, at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation now or hereafter owning a public utility system of any type or nature, to move, alter or relocate any part of its system upon said streets for the convenience, accommodation or necessity of the Grantee. D. lice. The Grantee shall be given not less than sixty (60) days written notice of any rearrangement of facilities which the Grantee is required to make hereunder. Such notice shall specify in reasonable detail the work to be done by the Grantee and shall specify a reasonable time that such work is to be accomplished. In the event that the City shall change the provisions of any such notice given to the Grantee, the Grantee shall be given an additional period of not less than thirty (30) days to initiate such work. ARTICLE 11 GRANTEE'S REMOVAL OR ABANDONMENT OF FACILITIES A. The City reserves the right to require Grantee to remove its facilities from the City streets and City public property in the event of the non -renewal, revocation or termination of this franchise or at any time thereafter with respect to those facilities abandoned in place, or for the facilities affected by the permanent discontinuance of all or a portion of the facilities. Further, so long as any abandoned facilities installed under the authority of this franchise remain in a City street, Grantee shall maintain a performance bond, security fund, or other form of collateral, 13 Ordinance No. 1391 (2001 eries) Page 14 of 28 acceptable to the City, sufficient to cover the cost of the removal of all such facilities from the City streets. B. At the expiration, revocation or termination of this franchise or of the permanent discontinuance of the use of all or a portion of its facilities, Grantee shall, within thirty (30) days thereafter, make written application to the City Public Works Department for authority either. To abandon all or a portion of such facilities in place; or 2. To remove all or a portion of such facilities. Such application shall describe the facilities desired to be abandoned, their location with reference to City streets, and shall describe with reasonable accuracy the physical condition of such facilities. As part of the application for removal or abandonment of the facilities, Grantee shall submit a soil test, taken within thirty (30) days of the submittal of the application, for those materials to be tested annually pursuant to federal, state and local laws. A soil test shall be taken along that portion of the pipeline to be removed or abandoned at such intervals as directed in writing by the City Public Works Department and reasonably consistent with established sampling protocols. The City Public Works Department shall determine whether any abandonment or removal which is thereby proposed may be effected without detriment to the public interest and the conditions under which such proposed abandonment or removal may be effected. The City Public Works Department shall then notify Grantee of the City's determinations. Grantee shall also obtain permits to abandon or remove the pipeline from the City Public Works Department for all pipelines prior to the removal, abandonment or discontinuation of use of all or a portion of Grantee's facilities. The City also reserves the right to require removal of Grantee's abandoned facilities in place at any time following the expiration, revocation or termination of this fi-anchise. Grantee shall be required to meet the bonding, insurance, indemnification and annual franchise fee requirements of this franchise, for facilities abandoned in place. C. Within thirty (30) days after receipt of Notification from the City Public Works Department pursuant to Article I I.B.2 above, Grantee shall apply for a permit from the City Public Works Department to abandon or remove the facility. D. Grantee shall, within sixty (60) days after obtaining such permit, commence and diligently prosecute to completion the work authorized by the City's permit. E. In the event Grantee applies to remove its facilities, and the City Public Works Department determines that any or all of the facilities cannot be removed due to a moratorium preventing work in the City streets, the payment of annual franchise fees shall be deferred during any such moratorium period, provided that Grantee promptly removes its facilities after notice by the City Public Works Department of the cessation of the moratorium and direction to remove such facilities. In the event Grantee does not promptly remove such facilities as directed, any deferred annual fianchise fees shall be due and payable within thirty (30) days of notice to pay. Deferred annual franchise fees shall otherwise be waived. F. Failure to Comply with City's Orders Regarding the Removal or Abandonment of Facilities. 14 Ordinance No. 1391 (2001 series) Page 15 of 28 1. If any orders or prescribed conditions relating to the abandonment of any facilities are not complied with, the City Public Works Department may impose such additional orders and conditions as the City deems appropriate, including an order that the Grantee remove any or all of such facilities. Grantee shall comply with such additional orders. 2. In the event that Grantee fails to comply with the terns and conditions of abandonment or removal as may be required by this franchise Ordinance, and within such time as may be prescribed by the City Public Works Department, then the City may remove or cause to be removed such facilities at Grantee's expense. Grantee shall pay to the City all of the costs of removing and disposing of these facilities, as well as returning the rights-of-way occupied pursuant to this franchise, including, but not limited to: (a) the cost of all environmental testing the City must conduct to determine the environmental condition of any rights-of-way occupied pursuant to this franchise and to ascertain what procedures the City must undertake, if any, to return any such rights-of-way to the environmental condition required by applicable Federal, State or local environmental laws; (b) all cleanup costs, disposal costs, and any other costs associated with returning these rights-of-way to such environmental condition; (c) all costs of removing, storing, and disposing of the Grantee's facilities; (d) all costs of returning all streets to the structural conditions they were in immediately at the beginning of Grantee's use of these streets pursuant to this franchise agreement; (e) plus the current rate of overhead being charged by the City for reimbursable work. 3. 4 at the nonrenewal, revocation or termination of this franchise, or of the permanent discontinuance of the use of all or a portion of its facilities, Grantee, within thirty (30) days thereafter, fails or refuses to make written application for the above-mentioned authority to remove or abandon its facilities, the City Public Works Department shall make the determination as to whether the facilities shall be abandoned in place or removed. The City Public Works Department shall then notify Grantee of its determinations. Grantee shall thereafter comply with the applicable provisions of this Article 11. G. For those facilities Grantee abandons in place; Grantee shall be required to maintain an acceptable performance bond, letter of credit or security fund, as determined by the City Public Works Department, to cover the costs for the removal of any such abandoned facilities from the City streets for any and all periods of time, including those periods following the expiration, revocation or termination of this franchise, that Grantee's facilities remain in the City streets. Grantee shall be required to maintain insurance and to indemnify the City pursuant to this Article during any periods the abandoned facilities remain within the City streets. Provided, however, that any pipelines which cannot be removed due to a moratorium preventing work in the City streets, may be deferred from the payment of the annual franchise fee. The payment of annual franchise fees may be deferred during any such moratorium period, provided that Grantee promptly removes its facilities after notice by the City Public Works Department of the cessation of the moratorium and direction to remove such Facilities. In the event Grantee does not promptly remove such facilities as directed, any deferred annual franchise fees shall be due and payable within thirty (30) days of notice to pay. 15 Ordinance No. 1391 (2001 series) Page 16 of 28 ARTICLE 12 COMPLETION OF WORK In the event that the Grantee fails to commence any work or act and diligently proceed therewith or to complete any such act or work required of the Grantee by the terns of this franchise within the time limits required hereby (and except as is otherwise provided in Articles 10 and 11), the City may cause such act or work to be completed by the City or, at the election of the City, by a private contractor. The Grantee agrees to pay the City, within thirty (30) days after delivery of an itemized bill, the cost of performing such act or work plus an amount equal to fifteen percent (15%) thereof for overhead. If the Grantee is dissatisfied with any decision made by the City Public Works Department hereunder or the determination of the cost of any work performed by the City pursuant to this Agreement, it may petition the City Council to review the same within ten (10) days after such decision or determination. ARTICLE 13 RECOVERY OF COSTS OF REPAIRS AND UNPAID FEES If the Grantee has not paid the City for such fees and expenses and/or liquidated damages incurred by or payable to the City as hereinabove set forth, the City may institute the following collection procedures (which procedures are in addition to any other rights, in law or equity, which the City has to correct amounts due under this franchise and to enforce the terms of this franchise): A. The City Public Works Department shall keep an itemized account of the expenses incurred by the City pursuant hereto, or the fees unpaid by the Grantee. Sixty (60) days after the presentation of the bill to the Grantee therefore, the City Public Works Department shall prepare and file with the City Clerk a report specifying the work done by the City, or the unpaid fees, the itemized and total cost of the work, a description of the work performed, and the name and address of the Grantee entitled to notice pursuant to this Article. B. Upon receipt of said report, the City Clerk shall present it to the City Council for consideration. The City Council shall fix a time, date and place for hearing said report, and any protest or objections thereto. The City Clerk shall cause notice of said hearing to be posted in a newspaper of general circulation in the City, and served by certified mail, postage prepaid, addressed to the Grantee as set forth herein. Such notice shall be given at least ten (10) days prior to the date set for hearing and shall specify the day, hour, and place when the City Council will hear and pass upon the City Public Works Department's report, together with any objections or protests which may be filed as hereinafter provided. C. The Grantee may file written protests or objections with the City Clerk at any time prior to the time set for the hearing on the report of the City Public Works Department. Any such protest or objection must contain a description of the work or unpaid fee or liquidated damages in which the Grantee is contesting and the grounds of such protest or objection and the date it was received by him. He shall present such protest or objection to the City Council at the 16 Ordinance No. 1391 (2001 series) Page 17 of 28 time set for the hearing, and no other protest or objection shall be considered, except as determined by the City Council for good cause shown. D. Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the City Public Works Department together with any such objections or protests, make such revision, correction or modification to the charge as it may deem just; and when the City Council is satisfied with the correctness of the charge, the report (as revised, corrected or modified), together with the charge, shall be confirmed or rejected. The decision of the City Council on the report and the charge, and on all protests or objections, shall be the final and conclusive decision of the City. E. The City Council may thereupon order that such charge shall be made a personal obligation of the Grantee or assess such charge against the property of the Grantee. (1) If the City Council orders that the charge shall be a personal obligation of the Grantee, it shall direct the City Attorney to collect the same on behalf of the City by use of all appropriate legal remedies. (2) If the City Council orders that the charge shall be assessed against the property of the Grantee, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter, said assessment shall constitute a special assessment against a lien upon any property held in the City of San Luis Obispo by the Grantee. F. The validity of any assessment made under the provisions of this franchise shall not be contested in any action or proceeding unless the same is commenced within ninety (90) days after the assessment is placed upon the assessment roll as provided herein. G. The City Council, in its discretion, may determine that assessments in amounts of $500.00 or more shall be payable in not more than five (5) equal annual installments. The City Council's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be adopted by a resolution prior to the confirmation of the assessment. H. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the property of the grantee in the City of San Luis Obispo. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property, and shall be paramount to all other liens except for state, county, and municipal taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid. (1) All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the highest rate permitted by law from and after said date. 17 Ordinance No. 1391 (200 eries) Page 18 of 28 I. After confirmation of the report, certified copies of the assessment shall be filed with the County Auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessors map books for the current year. J. The amount of the assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy collection and enforcement of taxes shall be applicable to such assessment. If the City Council has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary City taxes is in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary country taxes. K. All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Finance Director. ARTICLE 14 BOND A. Grantee shall, concurrently with the filing of and acceptance of award of this fianchise, file with the City Clerk, and yearly thereafter, maintain in full force and effect, a bond guaranteeing to the City of San Luis Obispo the penal sum of One Million Dollars ($1,000,000.00), with a surety to be approved by the City Public Works Director and City Risk Manager, conditioned that Grantee shall, well and truly observe, fulfill and perform each and every term and condition of this fianchise, and in c: material breach of condition of said franchise, at the discretion of the City Public Works Director, a percentage of the amount of the bond shall be paid to the City according to the following schedule, which cumulative amount for any said breach.not cured within the time specified below shall not exceed the full amount of the bond, in addition to any damages recoverable by the City and shall be recoverable from the principal and sureties of the bond: Following receipt of notice by Certified Mail sent by the City, failure to cure said breach of condition, within: 10 business days 30 calendar days 60 calendar days 90 calendar days 18 Penal sum paid to City: 5% of the amount of the bond 300/a cumulative amount of the bond 70% cumulative amount of the bond 100% cumulative amount of the bond Ordinance No. 1391 (2001 berics) Page 19 of 28 The amount of time specified above shall be tolled while City and Grantee resolve, or until the City Council rules on, any written appeal, protest or objection to the City Public Works Directofs decision as set forth in Articles 12, 13, 19, and 25, and elsewhere in this agreement; however, if Grantee's appeal, protest or objection is found by the City Council to be the result of bad -faith actions or tactics that are frivolous or intended to cause unnecessary delay, such amount of time shall not be tolled. If said bond is not so filed, the award of this franchise and privileges will be set aside and any money paid therefore will be forfeited. Whenever a bond is taken and deemed to be liquidated damages for any breach of a term or condition of this franchise, the Grantee must immediately file another bond of like amount and character, and if the Grantee fails to do so within the time set by the City Public Works Director, the City Council may, by resolution, declare said franchise automatically forfeited. Nothing herein shall insulate Grantee from liability in excess of the amount of said bond or shall be construed as a waiver by the City of any remedy at law against the Grantee for any breach of the terms and conditions of this franchise, or for any damage, loss or injuries suffered by the City of San Luis Obispo in case of any damage, loss or injury suffered by any person, firm, or corporation by reason of any work done or any activity conducted by the Grantee in exercise of this franchise. B. The faithful performance bond shall continue to exist for one (1) year following the City's approval of any sale, transfer, assignment or other change of ownership of this franchise, or of the expiration or termination of this franchise. The City may release said bond prior to the end of the one (1) year period upon satisfaction by Grantee of all the obligations under this franchise. ARTICLE 15 INSURANCE A. The Grantee shall procure and shall keep in force for the term of the franchise, at the sole cost and expense of the Grantee, the following insurance. All insurance coverages are to be placed with insurers which have a Best's rating of not less than B+VIII and are admitted insurance companies in the State of California. Grantee may satisfy the requirements of this Article 15 by showing proof of self-insurance reasonably satisfactory to the City Attorney and Risk Manager. Commercial General Liability Insurance (CGL): Grantee shall maintain in full force and effect Commercial General Liability Insurance with the following coverages: 1. Personal Injury and Bodily Injury, including death resulting therefrom. 2. Property Damage. 3. Automobile coverage which shall include owned, non -owned and hired vehicles. The amount of insurance shall not be less than the following: Single limit on the coverage applying to bodily and personal injury, including death resulting therefrom, property damage, and automobile coverage in the total amount of Ten Million Dollars ($10,000,000.00). The following endorsements must be provided in the CGL policy: I. If. the insurance policy covers on an "accident" basis, it must be changed to "occurrence." 19 Ordinance No. 1391 (2001 eries) Page 20 of 28 2. The policy must cover personal injury as well as bodily injury. 3. Blanket contractual liability must be afforded and the policy must contain a cross - liability or severability of interest endorsement. 4. Broad Form Property Damage Liability must be afforded. S. Products and Completed Operations coverage must be provided. 6. The City, its officers, employees and agents shall be named as additional insured under the policy. The policy shall include the appropriate insurance company endorsement, as required under City regulations. The policy shall provide that the insurance will operate as primary insurance. No other insurance effected by the City, whether commercial or self- insurance will be called upon to contribute to a loss hereunder. The following.requirements apply to all insurance to be provided by Grantee: 1. A certificate of insurance shall be fiunished to the City. Upon request by the City, Grantee shall provide a certified copy of any insurance policy to the City within forty-five working days of the City's request. 2. Certificates and policies shall state that the policies will not be canceled or reduced in coverage or changed in any other material respect without thirty days prior written notice to the City. B. Failure on the part of Grantee to procure or maintain required insurance and bonding shall constitute a material breach of this franchise upon which the City may immediately terminate or suspend this franchise. ARTICLE 16 INDEMNIFICATION BY GRANTEE The Grantee, by the acceptance or use of the franchise hereby granted, shall defend, indemnify and shall keep and save free and harmless the City, its officers, agents and/or employees against any and all claims, demands or causes of action which may be asserted, prosecuted or established against them, or any of them, for damage to persons, or property, of whatsoever nature, arising out of the use by it of the City streets hereunder or arising out of any of the operations or activities of the Grantee pursuant to this franchise, whether such damage shall be caused by its own sole negligence or negligence concurrent with the City, excepting therefrom, however, any claim or demand based on the sole negligence or willful misconduct of the City and any claim, demand, or cause of action which may be asserted, prosecuted or established against the City under the provision of the Worker's Compensation Act for injury to or the death of any of City's officers, agents or employees while acting within the scope of their employment. Grantee shall not be responsible for any criminal, fraudulent or malicious conduct of the City. ARTICLE 17 CHANGES IN CONTROL OF FRANCHISE A. On and after the Grantee's acceptance of this franchise as provided in Article 23 herein, Grantee, its partners, its shareholders, or any other person or persons holding an interest 20 Ordinance No. 1391 (2001 series) Page 21 of 28 in Grantee shall not transfer any interest in the franchise where such a transfer would lead to another person achieving a twenty-five percent (251/6) or greater interest in this franchise or change control of this franchise, unless the City approves such a transfer or change in control. The City shall approve a request for transfer or change in control only if doing so serves the public interest. As used in this franchise Ordinance, "control" includes actual working control in whatever manner exercised. I . The City shall deny any such request for transfer or change in control if the transferor or transferee fails to comply with any applicable provision of this Article of this franchise Ordinance, or if the City determines the transferor is in non-compliance with the terms and conditions of this franchise Ordinance, or if a transferee is lacking in experience and/or financial ability to operate the pipelines authorized by this franchise Ordinance, or if the proposed transfer will be detrimental to the public interest. B. Both the Grantee and the proposed transferee shall inform the City Public Works Department of any pending change in control of this franchise or of any pending transfer of an interest in the franchise requiring the City's consent pursuant to this Article, and each shall provide applications containing all documents on which the transfer or change in control is predicated and all documents which the City Public Works Department determines are necessary to evaluate the transfer or change of control. These applications shall be signed by duly authorized representatives of the Grantee and the proposed transferee, with signatures acknowledged by a notary. The appropriate transfer fee described in Article 17(C), infra shall accompany these applications. 1. Grantee's application shall include: a. Identification and ownership of the proposed transferee in the same detail as if the proposed transferee were an applicant for an initial grant; b. Current financial statements showing the financial condition of the Grantee as of the date of the application. In this application, the Grantee shall also agree to submit financial statements showing the condition of the franchise as of the closing. Said financial statements shall have been audited and certified by an independent certified public accountant, and shall be submitted within ninety (90) days of the closing. 2. The proposed transferee's application shall contain current financial statements of the proposed transferee and other such information and data, including but not limited to sources of capital, as will demonstrate conclusively that the proposed transferee has all the financial resources necessary to acquire the pipeline(s), carry out all of the terms and conditions of the franchise, remedy any and all defaults and violations of the provisions of this franchise in the Grantee's past and present operations, make such other improvements and additions as may be required or proposed to maintain and conduct the services and facilities required under this franchise. The proposed transferee will be required to authorize release of financial information to the City from financial institutions relating to information supplied by the proposed transferee in support of the application. The proposed transferee's application shall also include: 21 Ordinance No. 1391 (2001 eries) Page 22 of 28 a. A construction schedule, describing type and placement of construction, detail phases of construction, and include map(s) correlated to the phases of construction. Map(s) shall include detail on the location, length, depth, and internal diameter of any planned pipelines. b. Copies of any agreements with utility companies for the use of any facilities including, but not limited to, poles, lines and conduit. c. A description of plans for emergency equipment and personnel enabling the transferee to meet the emergency equipment personnel requirements in Article 8 herein. d. Any information indicating as specifically as possible that any principal, manager, or associate of the proposed transferee or a parent entity of the proposed transferee has previously been or is currently: i. A party to a criminal proceeding (involving felonies or misdemeanors) in which any of the following offenses have been charged: fraud, embezzlement, tax evasion, bribery, extortion, jury tampering, obstruction of justice (or other misconduct affecting public or judicial officers in the performance of their duties), falselmisleading advertising, perjury, antitrust violations (state or federal), violation of environmental laws or regulations, or conspiracy to commit any of the foregoing; ii. A party to a civil proceeding concerning liability for any of the following: unfair or anticompetitive business practice, antitrust violations (state or federal) including instances in which consent decrees were entered, violations of security laws (state or federal), falselmisleading advertising, racketeer influences and corrupt organizations, violation of environmental laws or regulations, or contraband forfeitures; iii. Subject to any penalty, criminal or civil, involving failure to comply with the requirements of a pipeline franchise; iv. Involved in instituting legal action against its franchising authorities; v. Involved in revocation/non-renewal of any other franchise; e. Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the City or by any provision of law. f. An express and unconditional written acceptance of the terms and conditions of this Franchise Ordinance, in its most current form, as a condition to the transfer. C. A fee shall be submitted with the applications for the City's consent to transfer or change of control. 1. Where the City's consent to a transfer or a change of control of this franchise does not result in the modification of this franchise by adoption of an amending ordinance, this fee for each application shall be as set forth in the City's fee ordinance. 2. Where the City's consent to a transfer or a change of control of this franchise results in the modification of this franchise by adoption of an amending ordinance this fee shall he as set forth in the City's fee ordinance. 3. In the event the costs to process the applications exceed the fees detailed above, the applicants may be required to pay any additional costs incurred by the City in processing the applicants' requests for the City's consent to the transfer or change of control of this franchise. Such costs may include the cost incurred for hiring consultants to assist in evaluating the applications. Such costs shall be paid by the applicants prior to final consideration of the request by City Public Works Department, or the City Council, as applicable. 22 Ordinance No. 1391 (2001 series) Page 23 of 28 D. Within thirty (30) days of the effective date of the City's approval of the transfer or change of control, or within thirty (30) days of the date of the close of the transfer or change of control, the Grantee shall file with the City Public Works Department: (1) a certified copy of each duly executed instrument of such a transfer or change in control; and (2) the submittal of a final accounting and report of all fees due under this franchise. The proposed transferee shall be responsible for any underpayment, and shall be entitled to a credit for any overpayment Within ninety (90) days of the closing of the transfer or change of control, the Grantee shall submit financial statements, audited and certified by an independent certified public accountant, showing the condition of the franchise as of the closing. If such duly executed instruments are not filed with the City Public Works Department by the deadlines imposed in this Article, or if the final documents are different from the preliminary documents, the City Public Works Department may inform the proposed transferee that the transfer or change in control is not deemed to be in force and effect. The City Public Works Department may then administratively determine that this franchise is forfeited and the City Council may, without notice, by ordinance repeal this franchise. E. As a condition to the granting of consent to such a transfer or change in control, the City Council may impose such additional terms and conditions upon this franchise and upon the proposed transferee as are in the public interest. Such additional terms and conditions shall be imposed by ordinance. Nothing herein contained shall be construed to grant Grantee the right to transfer or change control of this franchise or any part thereof:, except in the manner aforesaid. This Article 17 applies to any transfer of this franchise, or of any change in control of this franchise, whether by operation of law, by voluntary act of Grantee, or otherwise. ARTICLE 18 WAIVER OF BREACH No waiver of the breach of any of the covenants, agreements, restrictions, or conditions of this franchise by the City shall be construed to be a waiver of any succeeding breach of the same or other covenant, agreements, restrictions or conditions of this franchise. No delay or omission of the City in exercising the right, power or remedy herein provided in the event of default shall be construed as a waiver thereof; or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than is herein provided be construed as a waiver of or variation in any of the teams of this franchise. ARTICLE 19 DEFAULT A. In the event that the Grantee shall default in the performance of any of the terms, covenants and conditions herein, the City may give written notice to the Grantee of such default by certified mail. In the event that the Grantee does not commence the work necessary to cure such default within five (5) business days after such notice is received or prosecute such work diligently to completion, the City may declare this franchise foifeited.by giving written notice thereof to the Grantee, whereupon this franchise shall be void and the rights of the Grantee 23 Ordinance No. 1391 (2001 eries) Page 24 of 28 hereunder shall terminate and the Grantee shall execute an instrument of surrender and deliver the same to the City. If the City Council declares this franchise forfeited, it may thereupon and thereafter exclude the Grantee from further occupancy or use of all City roads and streets authorized under this franchise. A forfeiture of said franchise shall not of itself operate to release any bond filed for said franchise. Upon declaring a franchise forfeited, the City Council may elect to take and accept- any bond as liquidated damages therefore or pursue any other legal remedy for any damage, loss or injury suffered by the City as a result of such breach or both. After forfeiture, any bond shall remain in full force and effect for a period of one (1) year unless exonerated by the City Council. No bond shall be exonerated unless a release is obtained from the City Public Works Department and is filed with the City Clerk. The release shall state whether all excavations have been back filled, all obstructions removed, and whether the substratum or surface of City streets occupied or used have been placed in good and serviceable condition. A release shall not constitute a waiver of any right or remedy which the City of San Luis Obispo may have against the Grantee or any person, fine or corporation for any damage, loss or injury suffered by the City as a result of any work or activity performed by the Grantee in the exercise of this franchise. B. No provision herein made for the purpose of securing the enforcement of the terns and conditions of this franchise shall be deemed an exclusive remedy, or to afford the exclusive procedure, for the enforcement of said terns and conditions, but the remedies and procedure herein provided, in addition to those provided by law shall be deemed to be cumulative. ARTICLE 20 SCOPE OF RESERVATION Nothing herein contained shall ever be construed so as to exempt the Grantee from compliance with all ordinances of the City now in effect or which may be hereafter adopted which are not inconsistent with the terms of this franchise. The enumeration herein of specific rights reserved shall not be construed as exclusive, or as limiting the general reservation herein made or as limiting such.rights as the City may now or hereafter have in law. ARTICLE 21 NOTICE Any notice required to be given under the terms of this franchise, the manner of service of which is not specifically provided for, may be served as follows: Upon the City, by serving the City Clerk, personally or by addressing a written notice to the City Clerk of the City of San Luis Obispo, 990 Palin Street, San Luis Obispo, CA 93401, and depositing such notice in the United States mail, postage prepaid. Upon the Grantee, by addressing a written notice to Grantee addressed to Union Pipeline Company, c/o Tosco Refining Company, 9645 Santa Fe Springs Road, P.O. Box 2628, Santa Fe Springs, CA 90670-06289 Attn: Supervisor, R/W Administration, or such other address as may 24 Ordinance No. 1391 (2001 Neries) Page 25 of 28 from time to time be furnished in writing by one party to the other and depositing said notice in the United States mail, postage prepaid. When service of any such notice is made by mail, the time of such notice shall begin with and run from the date of the deposit of same in the United States mail. ARTICLE 22 The terms herein shall inure to the benefit of and shall bind, as the case may be, the successors and assigns of the parties hereto, subject, however, to the provisions of Article 17. ARTICLE 23 ACCEPTANCE OF FRANCHISE A. This franchise is granted and shall be held and enjoyed only upon the terms and conditions herein contained By accepting this grant of franchise, Grantee shall agree to be bound by each and all of the requirements of Article X, Sections 1001 through 1007 of the San Luis Obispo City Charter. B. Grantee shall, within ten (10) days after the passage of this franchise Ordinance, file with the City Clerk an express and unconditional written letter of acceptance o4 and consent to, the terms and conditions of this franchise Ordinance, in its current version, and as subsequently amended, pursuant to San Luis Obispo City Charter, Article X, Section 1004. C. The parent entity, or entities, if any, of Grantee, shall file a letter with the City, concurrent with Grantee's letter of acceptance, which guarantees the performance of each and every term, covenant and condition imposed on Grantee pursuant to the franchise Ordinance. D. Grantee's letter of acceptance shall be signed by two (2) duly authorized representatives of Grantee, whose signatures shall be acknowledged by a notary, and shall be accompanied by the performance bond and evidence of insurance required by this franchise Ordinance. ARTICLE 24 FORCE MAJEURE The time within which Grantee is obligated hereunder to construct, erect, maintain, operate, repair, renew, change the size of and remove pipelines for other improvements shall be extended for a period of time equal in duration to, and performance in the meantime shall be excused on account of, and for, and during the period of any delay caused by strikes, threats of strikes, lockouts, war, threats of war, insurrection, invasion, acts of God, calamities, violent action of the elements, fire, action or regulation of any governmental agency law or ordinance, impossibility of obtaining materials, or other things beyond the reasonable control of Grantee. 25 Ordinance No. 1391 (2001 series) Page 26 of 28 ARTICLE 25 LIQUIDATED DAMAGES A. By acceptance of this fianchise, Grantee understands and acknowledges that failure to timely comply with any performance requirements stipulated in this franchise Ordinance will result in damages to the City, and that it is and will be impractical to determine the actual amount of such damage in the event of delay or nonperformance. Each of the amounts set forth below has been set in recognition of the difficulty of affixing actual damages arising from breach of these time of performance requirements. Each of said amounts constitutes a reasonable estimate of these damages. This section does not limit the rights and remedies available to the City for damages other than the timely compliance with performance requirements as described in this section. The liquidated damages set forth below shall be chargeable to the bond, letter of credit or security fund provided for in Article 14, supra, should Grantee not make payment within thirty (30) days of written notice by certified mail by the City that the following amounts are due for the following concerns: 1. Failure to provide data, documents, or reports within ten (10) business days after receipt of written request by the City, by certified mail, or such longer time as may be specified in said request: Two Hundred Fifty Dollars ($250.00) per day for each day, or part thereof that each violation continues. 2. Failure to provide to the City within ten (10) business days after receipt of written request by the City, by certified mail, current evidence of insurance and bonding: Two Hundred Fifty Dollars ($250.00) per day for each day, or part thereof, that each noncompliance continues. Nothing in this Section shall preclude immediate termination or suspension of this franchise as provided for under Article 15B., supra. 3. Failure by Grantee to timely restore public or private property after performance of work, and following Grantee's receipt of written request by the City to do so within ten (10) business days thereafter by certified mail: Two Hundred Fifty Dollars ($250.00) per day or part thereof, that each non-compliance continues. Any fines paid pursuant to this Subsection 3 shall be paid solely to the Street Fund of the City Public Works Department. B. If the City Public Works Department determines that Grantee is liable for liquidated damages, the City Public Works Department shall issue to Grantee by certified mail written notice of intention to charge liquidated damages. Liquidated damages shall begin to accrue as of the date of the written notice and as set forth in said notice. The notice shall set forth the basis for the liquidated damages and give Grantee a reasonable time in which to remedy the violation. C. Grantee shall have the right to appeal any notice to the City Public Works Department by certified mail, within twenty (20) days after issuance of the notice by the City Public Works Department. The City Public Works Department shall hold an administrative hearing within sixty (60) days after receipt of an appeal. The City Public Works Director's decision shall be the final decision of the City. " 26 Ordinance No. 1391 (2001 zieries) Page 27 of 28 D. If Grantee does not appeal the notice within said twenty (20) day period, Grantee shall pay the amount(s) of liquidated damages as stated in the notice. If payment is not paid as provided for in this Article, the City may withdraw against the bond provided for in Article 14 herein. ARTICLE 26 ATTORNEYS'FEES In the event the City or Grantee brings legal action against the other, or against Grantee's bonding companies or insurance carriers to compel performance of, or to recover for breach of any covenant, agreement or condition contained in this franchise, or for damages, the prevailing party shall be entitled to, in addition to any other relief obtained, such reasonable attorneys' fees as are fixed by the judge of the court in which such action is brought. ARTICLE 27 CONDEMNATION Notwithstanding anything to the contrary contained herein and in accordance with San Luis Obispo City Charter Article X, Section 1005, this Ordinance shall not in any way affect the right of the City to acquire the property of the Grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or inperpetuity the City's right of eminent domain with respect to any public utility. The City reserves the right to purchase the property of such utility at an agreed price. In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), goodwill, going concern, earning power, increased cost of reproduction, severance damage, or increased value of right-of-way. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect -the validity of the remaining portions of this Ordinance. The City Council of the City of San Luis Obispo hereby declares that they would have adopted this ordinance and each sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 3: This ordinance shall take effect and be in full force and effect thirty (30) days after its passage, and before the expiration of fifteen (15) days after passage of this ordinance, it shall be published once with the names of the members of the City Council voting for and against the ordinance in a newspaper of general circulation published in the City of San Luis Obispo, State of California. SECTION 4: A synopsis of this ordinance, approved by the City Attorney, together with the ayes and noes shall be published once in full at least five (5) days prior to its final passage, in a newspaper published and circulated in said City, and at the same time shall go into 27 Ordinance No. 1391 (2001 series) Page 28 of 28 effect at the expiration of thirty (30) days after its said final passage. A copy of the full final text of this ordinance shall be on -file in the Office of the City Clerk on and after the date following the introduction and passage to print and shall be available to any interested member of the public. INTRODUCED on the 19th day of June 2001 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 10" day of.July 2001, on the following roll call vote: AYES:. Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan and Mayor Settle l NOES: None Non I'm Price, City Clerk V -i Mayor Allen Settle 29 a. NOU-20-2001. 08:56 PPCO TREASURY 918 661 5760 P.02i02 Sauer Insurance Companv. u RECEIVED CERTIFICATE OF INSURANCE NQV 0 2001 Certificate Na 2001-46 SLO CITY CLERIC Date: November 16, 2001 Risk No. S -7116A-01/02 Issued to: City of San Luis Obispo Insured: Phillips Petroleum Company, its Subsidiaries and Affiliates, including Tosco Corporation, Tosco Refining Company, and Union Pipeline Corporation Loss, If Any Insured, or order Payable To: Covering: Commercial General Liability Period of Insurance: December 1, 2000 - December 1, 2002 Insured Amount: US s10 million Insured With: Sooner Insurance Company 1000/6 Participation Special conditions: City of San Luis Obispo is additional insured in regards to liabilites accepted under Ordinace 1390 Territory: Worldwide G, � 1. Jo C. Tackett v President Management Offices 772 Phillips Badding Budesvide, Okbhoma 74004 TEL: (918) 661-61s1 FAX: (918) 661-5780 Administrative Offices 112 Imre Street Bariiugmi, VT 05401 TEL; (902) 668-9466 FAX: (802) 658-5520 TOTAL P.02 NOU-20-2001 08:56 . ' houarM Real Estate & Claims 7 54 Phillips Bldg• 8artlesaft. oK 74004 Phone. (916) 6616588 fmc (916) 6616760 PPCO TREASURY 918 661 5760 P.01i02 flee tee Price Frena Scott W. Ileum Faoc 805-781-7109 Palge�se Phoaee Data 1150=1 Rae Toscolunion P,*me Franchises a'• x per! For Raulew Piemo comment x Please Rept D Pismo Recycle Dear RIs. Paget Please find a COUMIo8lbe of Luaran= for the paper Parties and limits. 800!! . Irwin Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 Phone (805) 781-7104 Fax(805)781-7109 do on Err � A To: Scott Irwin Phillips Petroleum From: Lee Price, CMC, City Clerk Phone: (805) 781-7104 Fax: 918.661.5780 No. of Pages (including this page): Date: November 16, 2001 Re: Tosco/Union Pipeline Franchises ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Dear Mr. Irwin, Thanks for calling me back regarding insurance for Tosco Refining, which I understand has been acquired by Phillips. Attached for your information is a copy of the City Attorney's letter to Tosco 9/12/01 requesting information required to validate the new franchises with the City of San Luis Obispo. On October 1211, 1 received a letter signed by Mona Hebert (attached) with attachments, however the certificate of insurance in the amount of ten million dollars for general liability was not included. I telephoned Mr. Tintle and followed up with the attached fax dated October i r. Yesterday the City received the attached certificate of insurance, but you can see that the dollar amount is insufficient. I would appreciate your assistance in this matter. Please provide the necessary certificate of insurance as soon as possible to avoid violation of the ordinance. A faxed copy to my attention will be considered. sufficient. If you have questions about the franchise provisions, please contact Mr. Trujillo at 805.781.7140. c: Gil Trujillo, Assistant City Attorney ACORD. CERTIFICAI c OF LIABILITY INSURAkE PRODUCER soon SUrance Company Aon Risk Services of Texas, Inc.; POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 2000 Bering Drive, Suite 900 RF[:RIVFD Houston, Texas 77057 713 / 430-6000, • GENERAL LIABILITY INSURER D: ^ Y 1 INSURED Tosco Corporation Tosco Refining Company 9645 Santa Fe Springs Road _ PERSONAL & ADV INJURY $ PO Box 2628 GENERAL AGGREGATE IS Santa Fe Springs, CA 90670-0628 _ PRODUCTS - COMP/OP AGG $ COVERAGES DATE (MWDDNY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC 10 ICATED. NOTWITHSTANDING soon SUrance Company INSURER A: POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURER B: RF[:RIVFD INSURER C: • GENERAL LIABILITY INSURER D: _ i� Q - O GT _t"001 I INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLIC 10 ICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILT R I TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPITIO D T MM/ DRAN Y LIMITS • GENERAL LIABILITY EACH EACH OCCURRENCE ,S — — COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. El DAMAGE (Anyone lire) S _ MED EXP (Any ono person) S _ PERSONAL & ADV INJURY $ GENERAL AGGREGATE IS GEN'L AGGREGATE LIMIT APPLIES PER: PRO- _ PRODUCTS - COMP/OP AGG $ POLICY n LOC AUTOMOBILE LIABILITY •� ANY AUTO COMBINED SINGLE LIMIT $ (Ea accident) ALL OWNED AUTOS SCHEDULED AUTOS I BODILY INJURY $ (Per person) • HIRED AUTOS BODILY INJURY NON-OWNEDAUTOS �I (Per accident) $— _ PROPERTY DAMAGE $ j (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO _ EA ACC H OTHER THAN ^$ AUTO ONLY: AGGI $ EXCESS LIABILITY EACH OCCURRENCE $ 1,000,000 A. _I OCCUR ^_� CLAIMS MADE AGGREGATE S 1,000,000 X UMBRELLA FORM S-71166-01/02 12-1-00 12-1-02 _ $ DEDUCTIBLE _ $ 1 RETENTION $ j WORKERS COMPENSATION AND WC STATU-•OTH- TORY LIMITS I EMPLOYERS' LIABILITY _ER I E.L. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT I $ OTHER i I � DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Franchise Ordinance No. 1390 City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401-3249 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVER_ ' EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT AUTHORIZED REPRESENTATIVE ©A IMPORTANT If I. the.certificate--holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION'IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 Phone(805)781-7104 Fax(805)781-7109 LMA To: G. F. Tintle Tosco Refining Company From: Lee Price, CMC, City Clerk Fax: 562-906-7566 Phone: (805) 781-7104 No. of Pages (including this page): 3 Date: October 17, 2001 Re: Tosco/Union Pipeline Franchises ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Dear Mr. Tintle, On September 12, 2001, Assistant City Attorney Gil Trujillo sent you a letter requesting additional information required to validate the new franchises (a copy of that letter is attached). On October 11'", I received the following correspondence from Mona Hebert (cover letter only attached). As noted in Mr. Trujillo's letter to you, the franchise agreement requires general liability insurance in the amount of ten million dollars. Proof of insurance was not included in the packet sent by Ms. Hebert. Please provide the necessary proof of insurance within thirty days. If you have questions, please contact Mr. Trujillo at 805.781.7140. c: Gil Trujillo, Assistant City Attorney �IIII'il I li I� � i �'' 'I► � � �, _L CItyOBIS :.�I.T:'F:j'y 990 Palm Street, San Luis Obispo, CA 93401-3249 September 12, 2001 Mr. G. Tintle Right -of -Way Administration Tosco Refining Company 9645 Santa Fe Springs Road P.O. Box 2628 Santa Fe Springs, CA 90670-0628 Re: Tosco/Union Pipeline Corporation Pipeline Franchises City of San Luis Obispo Franchise Ordinance Nos. 1390 and 1390 Dear Mr. Tintle: Thank you for your letter dated August 17, 2001, addressed to the City Clerk. We have noted a few errors in the Bond and Insurance certificates. In regards to Bond No. 6125092, the Bond should be in the amount of One Million Dollars ($1,000,000) and not One Hundred Thousand Dollars ($100,600) pursuant to Article 14 of the Ordinance. In regards to Insurance Certificate No. LOS -000237011-00, Article 15 of the Ordinance requires general liability insurance in the amount of Ten Million Dollars ($10,000,000). The City will also require a copy of the amendatory endorsement to the general liability policy, which shows the City as an additional insured. The certificate states in the upper right hand comer as follows: "This certificate is issued as a matter of information only and confers no rights upon the certificate holder .... This certificate does not amend, extend or alter the coverage afforded by the policies described herein." It is for this reason why we need a copy of the endorsement as well. In addition, the City received Notice of Bond Cancellation Nos. 5941397 and 6068127 regarding Ordinance No. 1038 (1985 Series) for Unocal California Pipeline Company and Tosco Corporation. It is our understanding that these cancellations were initiated because the City received Faithful Performance Bond Nos. 6125089 and 6125092 pursuant to the recently granted Franchise Ordinance Nos. 1390 and 1391 (2001 Series). Could you please check if the Bond Cancellation numbers are correct? We could not locate Bond Nos..5941397 and 6068127 in our files. If our understanding is incorrect, please advise. Please correct the above-described errors at your convenience. Please call me if you have any questions or comments. I may be reached at (805) 781-7140. Thank you for your assistance. cc: Lee Price, City Clerk Karen Jenny, Risk Manager Mike McCluskey, Public Works Director Sincerely, Jeffrey G. Jorgensen City Atto y i• Gilbert A. Trujill Assistant City Attorney PECEIVED SLO CITY CLEj9K_j I� The City of San Luis.Obispo is committed to include the disabled in all of its services, programs and activities. V Telecommunications Device for the Deaf (805) 781-7410. Mr. Lee Price, CMC City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401-3249 Dear Mr. Price: A Tosco Refining Company (f i Distribution West f x// ,� 9645 Santa Fe Springs Road l�� �J✓ �� t' `•�-'' "� P.O. Box 2628 Santa Fe Springs, CA 90670-0628 Telephone 562-906-7500 /Facsimile: 562-906-7555 Right -of -Way Administration l h�a1lps 59025 ik October 9, 2001 Subject: Tosco Corporation/Union Pipeline Corporation In accordance to those certain Pipeline Franchise Agreements granted by the City of San Luis Obispo to Tosco Corporation and Union Pipeline Company on July 10, 2001, enclosed is the corrected bond required under the new franchises. In regards to your question concerning Bond Cancellation numbers 5941397 and 6068127, 1 have enclosed copies and correspondence pertaining to the matter. If there are any other steps, that Tosco needs to take to validate the new Franchise, please contact Mr. G. F. Tintle at (562) 906-7557. Thank you. Very truly yours, Mona D. Hebert, Coordinator Right of Way Administration MDH Enclosures Cc: G. Tintle RECEIVED r -,OLD CITY GLEh?t 11/16/01 13:58 '&805 781 7109 SLO CITY HALL . TRANSMISSION OK TS/R% NO. CONNECTION TEL CONNECTION ID START TIME USAGE TIME PAGES RESULT ssasassassasssssaasssassasa sss ACTIVITY REPORT sss sssssssssssssaaasasassaasss 8881 919186615780 11/16 13:56 02'26 5 OK goal Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 Phone(805)781-7104 Fax(805)781-7109 'tom. ►.� To: G. F. Tintle Tosco Refining Company Fax: 562-906-7566 From: Lee Price, CMC, City Clerk Phone: (805) 781-7104 No. of Pages (including this page): 3 Date: October 17, 2001 Re: Tosco/Union Pipeline Franchises Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Dear Mr. Tintle, On September 12, 2001, Assistant City Attorney Gil Trujillo sent you a letter requesting additional information required to validate the new franchises (a copy of that letter is attached). On October 1111, 1 received the following correspondence from Mona Hebert (cover letter only attached). As noted in Mr. Trujillo's letter to you, the franchise agreement. requires general liability insurance in the amount of ten million dollars. Proof of insurance was not included in the packet sent by Ms. Hebert. Please provide the necessary proof of insurance within thirty days_ ' If you have questions, please contact Mr -Trujillo aY805:781:7140:— c: Gil Trujillo, Assistant City Attorney — /,• +• U 10/17/01 11:05 %Y805.781 7109 SLO CITY HALL - 14001 *41.,** 4-. $:k * -. *. ** I: s * t * ** * * * ** * 4: * ArrTVT'rX7 DCDnD'r Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93401 Phone (805) 781-7104 Fax (805) 781-7109 K7!'14!0t7A To: G. F. Tintle Tosco Refining Company From: Lee Price, CMC, City Clerk Phone.. (805) 781-7104 Date: October 17, 2001 Fax: 562-906-7566 No. of Pages (including this page): 3 Re: Tosco/Union Pipeline Franchises Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: Dear Mr. Tintle, On September 12, 2001, Assistant City Attomey Gil Trujillo sent you a letter requesting additional information required to validate the new franchises (a copy of that letter is attached). On October 11"', I received the following correspondence from Mona Hebert (cover letter only attached). As noted in Mr. Trujillo's letter to you, the franchise agreement requires general liability insurance in the amount of ten million dollars. Proof of insurance was not included in the packet sent by Ms. Hebert. Please provide the necessary proof of insurance within thirty days. If you have questions, please contact Mr. Trujillo at 805.781.7140. c: Gil Trujillo, Assistant City Attorney IIcity of sAn luis oBispo P. 990 Palm Street, San Luis Obispo, CA 93401-3249 September 12, 2001 Mr. G. Tintle Right -of -Way Administration Tosco Refining Company 9645 Santa Fe Springs Road P.O. Box 2628 Santa Fe Springs, CA 90670-0628 Re: Tosco/Union Pipeline Corporation Pipeline Franchises City of San Luis Obispo Franchise Ordinance Nos. 1390 and 1390 Dear Mr. Tintle: Thank you for your letter dated August 17, 2001, addressed to the City Clerk. We have noted a few errors in the Bond and Insurance certificates. In regards to Bond No. 6125092, the Bond should be in the amount of One Million Dollars ($1,000,000) and not One Hundred Thousand Dollars ($100,000) pursuant to Article 14 of the Ordinance. In regards to Insurance Certificate No. LOS -000237011-00, Article 15 of the Ordinance requires general liability insurance in the amount of Ten Million Dollars ($10,000,000). The City will also require a copy of the amendatory endorsement to the general liability policy, which shows the City as an additional insured. The certificate states in the upper right hand comer as follows: "This certificate is issued as a matter of information only and confers no rights upon the certificate holder .... This certificate does not amend, extend or alter the coverage afforded by the policies described herein." It is for this reason why we need a copy of the endorsement as well. In addition, the City received Notice of Bond Cancellation Nos. 5941397 and 6068127 regarding Ordinance No. 1038 (1985 Series) for Unocal California Pipeline Company and Tosco Corporation. It is our understanding that these cancellations were initiated because the City received Faithful Performance Bond Nos. 6125089 and 6125092 pursuant to the recently granted Franchise Ordinance Nos. 1390 and 1391 (2001 Series). Could you please check if the Bond Cancellation numbers are correct? We could not locate Bond Nos. 5941397 and 6068127 in our files. If our understanding is incorrect, please advise. Please correct the above-described errors at your convenience. Please call me if you have any questions or comments. I may be reached at (805) 781-7140. Thank you for your assistance. Sincerely, Jeffrey G. City Al) LGilbert A. Trujillov Assistant City Attorney cc: Lee Price, City Clerk Karen Jenny, Risk Manager Mike McCluskey, Public Works DirectorRECEIVE D ;;f,. L , %ljjj? SLO C1TY CLERK I /O The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. 59025 Mr. Lee Price, CMC City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401-3249 Dear Mr. Price: October 9, 2001 Subject: Tosco Corporation/Union Pipeline Corporation In accordance to those certain Pipeline Franchise Agreements granted by the City of San Luis Obispo to Tosco Corporation and Union Pipeline Company on July 10, 2001, enclosed is the corrected bond required under the new franchises. In regards to your question concerning Bond Cancellation numbers 5941397 and 6068127, 1 have enclosed copies and correspondence pertaining to the matter. If there are any other steps, that Tosco needs to take to validate the new Franchise, please contact Mr. G. F. Tintle at (562) 906-7557. Thank you. \ Very truly yours, I ^I Mona D. Hebert, Coordinator Right of Way Administration MDH Enclosures Cc: G. Tintle RECEIVED JL i 200` SLO CITY CLERK �j '0006 Tosco Refining Company Distribution West 9645 Santa Fe Springs Road f' \� P.O. Box 2628 Santa Fe Springs, CA 90670.0628 Telephone: 562-906-7500 Facsimile: 562.906-7555 Right -of -Way Administration 59025 Mr. Lee Price, CMC City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401-3249 Dear Mr. Price: October 9, 2001 Subject: Tosco Corporation/Union Pipeline Corporation In accordance to those certain Pipeline Franchise Agreements granted by the City of San Luis Obispo to Tosco Corporation and Union Pipeline Company on July 10, 2001, enclosed is the corrected bond required under the new franchises. In regards to your question concerning Bond Cancellation numbers 5941397 and 6068127, 1 have enclosed copies and correspondence pertaining to the matter. If there are any other steps, that Tosco needs to take to validate the new Franchise, please contact Mr. G. F. Tintle at (562) 906-7557. Thank you. \ Very truly yours, I ^I Mona D. Hebert, Coordinator Right of Way Administration MDH Enclosures Cc: G. Tintle RECEIVED JL i 200` SLO CITY CLERK 10/17/01 11:05 $805 781 7109 SLO CITY HALL ig001 sassssaasassasssasassssssss :as ACTIVITY REPORT ass sasaassasaasassssssasassass TRANSMISSION OK T%/R% NO. 8657 CONNECTION TEL 915629067566 CONNECTION ID START TIME 10/17 11:04 USAGE TIME 01'30 PAGES 3 RESULT OK Tosco Refining Company �1 Distribution West 9645 Santa Fe Springs Road vVJ P.O. Box 2628 Santa Fe Springs, CA 90670-0628 Telephone: 562-906.7500 Facsimile: 562.906.7555 Right. -of -Way Administration 59025 Mr. Lee Price, CMC City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401-3249 Dear Mr. Price: October 9, 2001 Subject: Tosco Corporation/Union Pipeline Corporation In accordance to those certain Pipeline Franchise Agreements granted by the City of San Luis Obispo to Tosco Corporation and Union Pipeline Company on July 10, 2001, enclosed is the corrected bond required under the new franchises. In regards to your question oonceming Bond Cancellation numbers 5941397 and 6068127, 1 have enclosed copies and correspondence pertaining to the matter. If there are any other steps, that Tosco needs to take to validate the new Franchise, please contact Mr. G. F. Tintie at (562) 906-7557. Thank you. Very truly yours, \-�--a:) cLL4--- Mona D. Hebert, Coordinator Right of Way Administration MDH Enclosures Cc: G. Tintle RECEIVED GCJT i .- 200' SLO CITY CLERK. ' TH'tS 30ND SUPERCEDES THE BOND P. )USLY ISSUED ON AUGUST 10, 2001 IN THE AMOUNT .,. $100,000.00. LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, MILLENNIUM CORPORATE PARK BLDG.0 18400 NE UNION HILL ROAD REDMOND. WA 98052 Bond 6125092 as Principal, of 1250 ADAMS BUILDING (Street and Number) BARTLESVILLE OKLABOMA and the SAFECO INSURANCE COMPANY OF (City) (State) AMERICA a Washington corporation, as Surety, are held and bound unto CITY OF SAN LUIS ORISPO as Obligee, in the sum of ONE MILLION AND NO/100TBS=------ - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 1.000.000.00 for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 10th day of . August , 2001 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit for FRANCHISE ORDINANCE #1391. FACILITIES IN CITY STREETS by the Obligee. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: ❑ Until or until the date of expiration of any Continuation Certificate executed by OR the Surety ® Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. s1rssrsneF 1or9s UNOCAP Principal c Frances M. Vallejo Vice President and Asst. Treasurer SAFECO INSURANCE COMPANY OF AMERICA By' y ERIC NIETO . Attorney -in -Fact 0 Repstered trademark of SAFECO Corporation. CALIFORNIA ALL-PURMSIEUCKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OF SAN FRANCISCO } OR AUGUST 10, 2001 Dere before me, D. B. COLUDO, NOTARY PUBLIC None, 7 -de of Of m, Notary Pab!!e personally appeared ERIC NIETO. ATTORNEY—IN—FACT MAU(s) ar arcs) ® personaUy btown to me - to be the person(tywhose nameN is4W subscribed to the within instrument and acbtowledged to me that he#Ae/tAoy executed the same in NVW#ppauthonzed capacty(l O, and that by hislAglffiW signaturq#kon the instrument the personfs), or the entity upon behalf of which the person(lyaded, executed the fresrn ment. WITNESS my hand and official seal. Sigaaam of Navy D.�a.M O1LLAD0 tn a NOTARY PUBLIC • CAUFORNU UN FRANCWO CW U Com. E MS JUN 16 2 My Com. ` I PO Box Insurance Company S p C C C O® POWER PO Box 34526 F31 !'i r G OF ATTORNEY Seattle, WA 98124-1526 No. 8057 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ********KATSUKO TAKATA; BRADLEY N. WRIGHT; JOHN T. LETTIERI; CAROL B. HENRY; ERIC NIETO; SAUNDRA L. GINGRAS; San Francisco, California******** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bohds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 13th day of September . 2001 R.A. PIERSON, SECRETARY MIKE MUCK , PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as 'attomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the varidity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (ii) Certifying that said powerof-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimue thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10TH SEAL ) ��sEai, S-09741SAEF 2101 day of AUGUST 2001 R.A. PIERSON, SECRETARY ® A registered trademark of SAFECO Corporation 9/13101 PDF TOSCO Dear Mr. Jorgensen: September 14, 1998 Mr. Jeff Jorgensen, City Attorney City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403-8100 Tosco Franchise Bond Bond Rider Tosco Refining Company P.O. Box 2518 Sarna Fe Spings, CA 80870-0828 Tek phone:562-906-7500 Facsim8e:562-906.7566 Enclosed for your file is Franchise Bond Rider No. 5941397, covering Franchise Ordinance No. 1038. The original Bond No. U8003014 was issued to Unocal California Pipeline Company (Unocap). For your information, Unocal California Pipeline Company became; a wholly owned subsidiary of Tosco Corporation as of March 31, 1998. Therefore, all correspondence and/or questions that you may have should be directed to the following address: Tosco Disbribution Company 9645 Santa Fe Springs Road Santa Fe Springs, California 90670-0628 Attn.: Gerry F. Tintle, Supervisor Right of Way Administration Phone: (562) 906-7557 Fax (562) 906-7556 Sincerely, _l Mona D. Hebert Coordinator, Right of Way Administration Tosco Distribution Company Enclosure Bond No: 5941397 Premium: $70. SAFECO INSURANCE COMPANY OF AMERICA Seattle, Washington KNOW ALL MEN BY THESE PRESENTS, That we, Tosco Corporation as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington and authorized to transact the business of surety in the, State of California as Surety, are held and firmly bound unto the City of San:Luis Obispo, 990 Palm Street; P.O. Box 8100, San Luis Obispo, CA 92403-8100, in the just and full sum of TWENTY FIVE THOUSAND AND NO/100THS ($25,000.00) DOLLARS, for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 7th day of July, 1998. THE CONDITION OF TATS OBLIGATION IS SUCH, That Whereas, the above bounden Principal has applied to the City of San Luis Obispo for a partial assignment of Franchise Ordinance No. 1038, for facilities necessary for the collection, transportation and distribution of all substances, except radioactive material, used in the petroleum industry along, across or upon the public street, ways and alleys pursuant to the terms of Ordinance No. 1038 and any amendments thereto; and is required by the terms of said Ordinance to furnish a bond conditioned as in said Ordinance. NOW, THEREFORE, If the said Principal Tosco Corporation shall fully comply with all provisions of Ordinance No. 1038 and any amendments thereto then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the aggregate liability of the Surety of this bond shall be limited to the amount specified in the bond. This bond may be canceled by the Surety by sending a notice in writing to the Obligee, stating when, not less than thirty (30) days thereafter, liability hereunder shall terminate as to subsequent acts or oriissions of the Principal. TOSCO CORPORATION r Attes 14iiyy By: I Gf.�.� w �i s--�J-- c 4 �C Paul W. Oves, Assistant Secretary SAFECO INSURANCE COMPANY OF AMERICA . By: Dawn Shanley, Attorney -In -F t 120 Montgomery St., SF, CA 194104 CALIFORNL4 ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA j } COUNTY OF SANFRANCISCO ) On July 7, 1999.before me, Doris A Diaz. Notary Public Date Name. Title ofCylcer, Notary Public I personally appeared Dawn Shanley, Attorney -In -Fact X"E(S) OF SIGNER(S) Xpersonally known to me - OR - O proved to me on the bases of satisfactory evidence to be the person whose. name isk* subscribed to the within instrument and acknowledged to me that j*/she/tK executed the saj Pie in Xlher/t)Wr authorized capacity A', and that by jf1her/t1Xr signature or; the instrument the person' or the entity upon behalf of which the personX acted, a recuted the instrument. WITNESS my hand and official seal. DORIS B. DIAZ N COMM. # 1181809 n � a M7TARYPIIBtJC-CIIL89tiMA N U SJWFAANCISCOCOl1NTY {L MYCMME*8MaY2Z2M2 p Signature of Notary POWER FECO MSURANCE COMPANY OF AMERICA .NERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE SAFECO PLAZA �O SEATTLE, WASHINGTON 96195 INS' No. 9846 VOW ALL BY THESE PRESENTS: lat SAFECO INSURANCE yCaOppMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington �1Cx M*kX%ek MNM*kech lllK*,kii 11*Ilnt DAWN SHANLEY; Sen Francisco, CBI lfornlek kkkkkkkkkkkkkkkifkk Nkkk kkM kkkkk I true and lawful attorneys)—in—fact with full authority to execute on its behalf fidelity and surety bonds or undertakings and other )cumer is of a similar character issued in the course of its business, and to bind the respective company thereby. I WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each cecuted and attested these presents this 24 day of Apr i I , 19 98 CERTIFICATE Extract from the By—Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: article V. Section 13. — FIDELITY AND SURETY BONDS ... the President any Vice President the Secretary, and any Assistant Vice esident appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as torneys—in—fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and her documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing ch appointment the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however. A the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. in any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V. Section 13 of the By—Laws, and (ii) A copy of the power—of—attorney appointment executed pursuant thereto, and (iii) Certifying that said power—of—attorney appointment is in full force and effect a signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." R. A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, I hereby certify that the foregoing extracts of the By—Laws and of a Resolution of the Board of Directors of these corporations, and a Power of Attorney issued pursuant thereto, are true and correct and that both the By—Laws, the Resolution and the Power of torney are still in full force and effect WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 7th day of duly 19 98 9741EP 1193 0 Registered trademark of SAFECO Corporation s`7oZs Bond No. 6068127 Premium: $70.00 SAFECO INSURANCE COMPANY OF AMERICA Seattle, Washington KNOW ALL MEN BY THESE PRESENTS, That we, UNOCAL CALIFORNIA PIPELINE COMPANY as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington and authorized to transact :the business of surety in the State of California as Surety, are held and firmly bound unto the City of San Luis Obispo, 990 Palm Street, P.O. Box 8100, San Luis Obispo, CA 92403-8100, in the just and full sum of TWENTY FIVE THOUSAND AND NO/100THS ($25,000.00) DOLLARS, for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 30th day of May, 2000. THE CONDITION OF THIS OBLIGATION IS SUCH, That Wnereas, me above bounden Principal has applied to the City of San Luis Obispo for a permit under Franchise Ordinance No. 1038, for facilities necessary for the collection, transportation and distribution of all substances, except radioactive material, used in the petroleum industry along, across or upon the public street, ways and alleys pursuant to the terms of Ordinance No. 1038 and any amendments thereto, and is required by the terms of said Ordinance to furnish a bond conditioned as in said Ordinance. NOW, THEREFORE, If the said Principal UNOCAL CALIFORINA PIPELINE COMPANY shall fully comply with all provisions of Ordinance No. 1038 and any amendments thereto then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the aggregate liability of the Surety of this bond shall be limited to the amount specified in the bond. This bond may be canceled by the Surety by sending a notice in writing to the Obligee, stating when, not less than thirty (30) days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. UNOCAL ORNIA P COMPANY Attest: — By: Ah6ur L.'Gr6ss, Assistant Secretary ZtSAFECO rTakiata, CE COMPANY O AMERICA suko Attomey-In-Fact 400 Taylor Blvd., Pleasant Hill, CA 94523 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFO&WA j COUNTY OF SANFRANCISCO } On MAY 30, 2000 before me, Doris B. Dial Notary Public Date Name. Title ofO)Ticer, Notary Public personally appeared Katsuko Takata, Attorney -In -Fact NAME(S) OF SIGNERS) Versonally known to me - OR - ❑ proved to me on the bases of satisfactory evidence to be the person whose name is/a)"t subscribed to the within instrument and acknowledged to me that )/shelt4fy executed the same in Vlher/tWr authorized capacity (tip, and that by i*1her/tVr signature(f on the instrument the personm, or the entity upon behalf of which the person( acted; executed the instrument. WITNESS my hand and official seal. Signature of Notary tv .•LL • DOR SS B. A N COMM -#1181809 n U to NDTARYFMC•CALIF0 A to 1I SANFRh SCOCWMY N llMy May 22.2DO2 e POWER GENERA INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFICE: GENERA PLAZA ___= M SEATTLE. WASHINGTON 08185 No. 8057 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington Corporation, does each hereby aappppoint ■■■■■■■■■■KATSUK0 TAKATA• San Francisco, California••■■■•■•••••■■■••■•■•■■■•■••■■■■■■■■■••■■■■■ its true and lawful attomey(s)-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents INS 4th day of January .1993 CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President. the Secretary. and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof. may be impressed or affixed or in any other manner reproduced: provided, however. that the seal shall not be necessary 10 the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out. (i) The provisions of Article V. Section 13 of the By -Laws, and (ii) A copy Of the power-of-attorney appointment, executed pursuant thereto. and (iii) Certifying that said power-of-anomey appointment is in full force and effect. the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof' I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto. are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 30TH day of MAY , W200Q S-07NEP 1/93 (D Registered trademark of SAFECO Corporation. 70 S C o September 18, 2001 TO: Pam Boggins Phoenix, Az FROM: Mona Hebert Santa Fe Springs Corporate Surety Bond Request Tosco Refining Company Distribution West 9645 Santa Fe Springs Road P.O. Box 2628 Santa Fe Springs, CA 90670-0628 Telephone: 562-906.7500 Facsimile: 562.906.7555 Right -of -Way Administration Pam, please increase the bond amount to One Million Dollars ($1,000,000.00) on the enclosed City of San Luis Obispo Bond No. 6125092. Pleasesend the new bond to me when you have it:and thanks for all your help. If you need any more information and/or clarification, give me a call at (AB 9064658 - Thanks. Mh MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND. WA 98052 Bond 6125092 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, UNOCAP as Principal, of 1700 EAST PUTNAM AVENUE. STE. 500 (Street and Number) OLD GREENWICH. CONNECTICUT and the SAFECO INSURANCE COMPANY OF (City) (State) AMERICA a Washington corporation, as Surety, are held and bound unto CITY OF. SAN LUIS IIS OBISPO as Obligee, in the sum of One HundredThousand and 001100 -------------------------- ----- - Dollars (S 100.000.00 ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 10th. day of August 2001 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit for FRANCHISE ORDINANCE #1391. FACILITIES IN CITY STREETS by the Obligee. NOW,.THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: 0 Until or until the date of expiration of any Continuation Certificate executed by OR the Surety ® Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. SEAL s-12351SAEF I OW UNOC Principal Arthu . Gross, A st. Secretary SAFECO INSURANCE COMPANY OF AMERICA B'� y ERIC NIETO Attomey-in-Fact 0 Registered trademark of SAFFCO Corporation. CAUFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUNTY OF SAN FRANCISCO } On AUGUST 10, 2001 before me, D. B. COLLADO, NOTARY PUBLIC Dm Nacos, reu ofOBL-ff, roomy Pabrra personaUy appeared ERIC NIETO. -ATTORNEY—IIQ—FA P ma(s) or smmcs) ® personaUy brown to me -0R/>' ediptid��dldl�te'Ag�l�l, .9'OG AWv7 W- #1 to be the personOY whose nameN is4W subscribed to the within instrument and acknowledged to me that hels%refflW executed the same m his1#Wp) Yauthonzed capacrty(tdsj, and that by his/jif *signaturg kon the instrument the persons), or the entity upon behalf of which the person(sYaded, executed the instrument. WITNESS my hand and offuzal seal. Sigma" of Nomry aD. B. COLLAW COMM. / 1187421 10mycmm WTANYKWC•CAUFOWdIA UUNFPAN=CO" p 9 = = �! S A F E C O POWER �NERAL INSURANCE iECOINSURANCECOMPANYOFAMERICA f� OF ATTORNEY HOMEOFFICE SAFECO PLAZAYOFAMERICA SEATTLE. WASHINGTON 98185 No. 12471 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint •l..l•••r•RrlrplRrrrrrrrlrrr•RrrrrrffrlflRrr•rrlr!lrrrurrarrrr�CirO; Sal Francisco.`(aRR#rfrlRr#flRrlr♦#Nrrl NtRMMt!!#f#gfrNR##Ri HRRlRNq! its true and lawful attomey(s)4n-fact with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. M WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this day of September , 2000 R.A. PIERSON, SECRETARY BOH A. DICKEY, PRESIDENT ' CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint indrviduals as attomeys-in-fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instnurnent making or evidencing such appointment the signatures may be affixed by facsimile. On any instrument conferring such authority or on arty bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be rhehhessary to the validity of any such instrurnent or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment executed pursuant thereto, and @1) Certifying that said power -of attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By4aws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By4.aws, the Resolution and the Power of Atlomey are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10TH SEAL )'(SEA] =!!_2)jI :0974/SAEF 7198 day of AUGUST , 2001 RA. PIERSON, SECRETARY ® Registered trademark of SAFECO Corporation. 9125/00 PDF ��ll�llll�lllllll�ll ���;IIIIIIIIII�IIIIIIIIIIIIII II� Mjj& city of sAn luis oBispo 990 Palm Street, San Luis Obispo, CA 93401-3249 September 12, 20,01 Mr. G. Tintle Right -of -Way Administration Tosco Refuting Company 9645 Santa Fe Springs Road P.O. Box 2628 Santa Fe Springs, CA 90670-0628 Re: Tosco/Union Pipeline Corporation Pipeline Franchises City of San Luis Obispo Franchise Ordinance Nos. 1390 and 1390 Dear Mr. Tintle: Thank you for your letter dated August 17, 2001, addressed to the City Clerk. We have noted a few errors in the Bond and Insurance certificates. In regards to Bond No. 6125092, the Bond should be in the amount of One Million Dollars ($1,000,000) and not One Hundred Thousand Dollars ($100,000) pursuant to Article 14 of the Ordinance. In regards to Insurance Certificate No. LOS -000237011-00, Article 15 of the Ordinance requires general liability insurance in the amount of Ten Million Dollars ($10,000,000). The City will also require a copy of the amendatory endorsement to the general liability policy, which shows the City as an additional insured. The certificate states in the upper right hand corner as follows: "This certificate is issued as a matter of information only and confers no rights upon the certificate holder .... This certificate does not amend, extend or alter the coverage afforded by the policies described herein." It is for this reason why we need a copy of the endorsement as well. In addition, the City received Notice of Bond Cancellation Nos. 5941397 and 6068127 regarding Ordinance No. 1038 (1985 Series) for Unocal California Pipeline Company and Tosco Corporation. It is our understanding that these cancellations were initiated because the City received Faithful Performance Bond Nos. 6125089 and 6125092 pursuant to the recently granted Franchise Ordinance Nos. 1390 and 1391 (2001 Series). Could you please check if the Bond Cancellation numbers are correct? We could not locate Bond Nos. 5941397 and 6068127 in our files. If our understanding is incorrect, please advise. Please correct the above-described errors at your convenience. Please call me if you have any questions or comments. I may be reached at (805) 781-7140. Thank you for your assistance. Sincerely, Jeffrey G. City Atto3 �-- Assistant City Attorney cc: Lee Price, City Clerk Karen Jenny, Risk Manager Mike McCluskey, Public Works Director RECEIVED SEP 1.: 2 G 0 1 SLO CITY CLERK ©The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. TravelersPropertyCasu RECEIVED Amemberofcrttgroup J Aon Risk Services of Texas, Inc. AUG 3 12001, dba Aon Risk Insurance Services of Texas, Inc. SLO CITY CLERK CA License # 0559715 SURETY BOND RIDER TO: City of San Luis Obispo, California 17, City Hall / City Clerk 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403-8100 RE: Acquisition of Reliance Surety Principal: Union Oil Company of California Surety Bond Number: U 62 91 19 Bond Amount: $25,000.00 Franchise Bond The purpose of this Rider is to: [X ] CHANGE BOND NUMBER Effective May 24, 2001, surety bond number U 62 91 19 is changed to.61 S 103664465BCM. [ X ] CHANGE SURETY COMPANY Effective May 24, 2001, the surety on the above referenced bond is Travelers Casualty and Surety Company of America. Travelers Casualty and Surety Company of America replaces United Pacific Insurance Company as surety. The termination of liability under the United Pacific Insurance Company bond is a condition precedent to the change of surety. [ ] CONTINUATION CERTIFICATE This certificate extends the life of the bond to . it is executed upon the express condition that the surety's liability under said bond, together with this and all previous continuation certificates, shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. Signed, "sealed and dated this 24th day of August . 2001. 7 1i - Travelers Casualty and Surety Company America By: Margaret B boltz, Attorney -in -Fact Travelers Casualty and Surety Company of America, Hartford, Connecticut 06183 Travelers Casualty and Surety Company, Hartford, Connecticut 06183 Farmington Casualty Company, Hartford, Connecticut 06183 State of Texas § County of Harris § Before me, the undersigned authority, on this day personally appeared Margaret Buboltz , known to me to be the person whose name is subscribed to the foregoing instrument as Attorney -in - Fact of Travelers Casualty and Surety Company of America, and acknowledged to me that he/she executed the same for purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this 24th day of August 2001. Notary Public in and for The State of TEXAS My Commission expires: 10/13/02 IN WITNESS' WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this 20th day of November, 1999. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY } SS. Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS F'I'Su PC $ t Q W . �"." •'+� uAbf .+ y,6 ,ti'• e g m � rruQ By %George W. Thompson `• • " �'' Senior Vice President On this 20th day of November, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument an behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. o�n 0 C tR A(IOL� i S My commission expires June 30, 2001 NotaryPublic Marie C. Tetmault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the. State of Connecticut. and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, stock corporation of the State of Illinois. DO HEREBY CERTIFY that the foregoing and attached Power of Anorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford. State of Connecticut. Dated this 24 th day of August . 2001 . ,y su4r.G J'�f••aCa 6"Stlq( ,tlD SNery N ,UR}fGNO. 4 i � n SE CWu+$ By ; n KoriM: Johanson ''q: ,4+ ``f .,.+' ys • " S Assistant Secretary, Bond TRAVELERS CASUALTY AND SLKLLl" t U�t!'A;"1 Ur Aauxit_A TRAVELERS CASUALTY AND SURETY COMPANY FAR.MMGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 TRAVELERS CASUALTY AND SURETY COMPANY OF H11NOIS Naperville, Illinois 60563-8458 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-LN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY. corporations duly organized under the laws of the State of Connecticut and having their principal offices in the Cinof Hartford. County of Hartford. State of Connecticut. and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS. a corporation duly organized under the laws of the State of Illinois. and having its principal office in the Cin• of Naperville. County of DuPage, State of Illinois. (hereinafter the -Companies") hath trade. constituted and appointed, and do by these presents make. constitute and appoint: William N. Burke, Dan W. Burton, Michael J. Herrod, Wendy W. Stuckey, Daren M. Kellner. Lupe Tamayo, Joan Bagnall or Margaret. Buboltz * * of Houston, TX, their true and la'AfW Attorney(s)-in-Fact. with full power and authority hereby conferred to sign. execute and acknowledge, at any place within the United States. or, if the following line be filled in, within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond. recogiiiiance.-or conditionil undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said AUorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made tinder and by authority of the following Standing Resolutions of said Companies. which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, anv Executive Vice President, anv Senior Vice President or any Vice President, anv Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (ands seal, if required) by one or more Attorneys -in -Fact and Aeents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 1 (8-97) MEMORANDUM From the Office of the City Attorney August 23, 2001 To: Lee Price Mike McCluskey Karen Jenny Bill Statler From: Gilbert A. Trujillo Subject: Tosco and Unocap Franchise Ordinances Pursuant to Lee's request, I reviewed Tosco's letter dated August 17, 2001 to determine whether they have complied with the requirements of Ordinance Nos. 1390 and 1391 (2001 Series). There is a problem with the Faithful Performance Bonds and the Insurance Certificate provided by Tosco/Unocap. Pursuant to Article 14 of the Ordinance, the Bonds must be in the amount of One Million dollars ($1,000,000) and approved by the Public Works Director and the Risk Manager. The Unocap Bond is in the amount of One Hundred Thousand dollars ($100,000). Pursuant to Article 15 of the Ordinance, the minimum insurance coverage is Ten Million dollars ($10,000,000) for commercial general liability. The Insurance Certificate is in the amount of One Million dollars ($1,000,000) and only for Auto and Workers Compensation coverage. In regards to Franchise Ordinance No. 1038 (1985'Series), we also received notice from the Bonding Company that Unocal and Tosco.have requested the cancellation of the Bonds in the amount of $25,000. Ordinance No. 1038 remains valid for the interests retained by UNOCAL. UNOCAL has indicated its intention to abandon those lines known to have contamination issues in the Tank Farm Road area. I will draft a letter to UNOCAL requesting that they not terminate their Bond until such time that the abandonment is complete. Please advise if you note any other omissions or errors and I will draft the appropriate response. Thank you for your assistance. Attachments: 1) Letter from Tosco dated August 17, 2001 (with enclosures) 2) Copy of Articles 14 and 15 from Ordinance No. 1390 and 1391 3) Notice of Bond Cancellation Tosco Refining Compwq (!LCDistrbifimWest Santa SpAngq Road P.O.P.Q Box 28288 sante re Springs, CA 90670.0828 . TWephafe 562-906-75W acWfte: 592-9/087555 T o s C 19 AdmNsMon 58 August 17,.2001 Mr. Lee Price, CMC City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401-3249 Dear Mr. Price: Subject Tosco Corporation/Union Pipeline Corporation In accordance to those certain Pipeline Franchise Agreements granted by the City of San Luis Obispo to Tosco Corporation and Union Pipeline Company on July 10, 2001, enclosed are the following items: 1. Letter of Acceptance of both the Tosco franchise Ordinance No. 1390 and the Union franchise Ordinance No. 1391; 2. Faithful Performance Bond Nos. 6125089 and 6125092, Tosco and Union respectively, dated August 10, 2001; 3. Insurance Certificate No. LOS -000237011-00; and 4. Tosco's check No. 863397 dated August 6, 2001 for $10,000.00 covering the granting fee for Ordinance No. 1390 and 1391. If there are any other steps, that Tosco needs to take to validate the new Franchise, please contact Mr. G. F. Tintle at (562) 906-7557. Thank you. Very truly yours, Mona D. ebert, Coorrlinat r Right of Way Administration MDH Enclosures C v. G. Tintle RECEIVED AUG 2 ^ 2001 SLO CITY CLERK _. :.�_t.�) :/ L<):,tix, �l ._.�}i',.e'L•^.c_co �� - - •:�.•;�� �.osco - � vosca J<'/ •!. trl r',. iti �i ai.I hrtll Ir ''.. .. v7 '>"�"r'�'i f;i .: `. 3.' t > '� z 1,>.i;;. Y.. z - - --, smc TOSCO ''a/�r—�i .':i:;:'c•�'! :.IC CITY OF S1, N LUIS 033 ISPO CAj TOSCO— ' 'TV>ti•f�-?i�l�ii':.?I. �It;; S1 .:,.:] — TVCSOv- THIS IS WATERMARKED PAPER - DO PJOT ACCEPT WITHOUT VERIFYING bVATERPAARK - HOLD TO LIGHT TO VERIFY WATERfu1AR ` UMBER �£���'� +• $`.� � �� � n `^�-' , i �g ���+�� CERTIFICATE N '� ' � '���-�:. z air: :.QT•�tata: ' . .='a��• m:.r _.+=�:: LOS -0 0237011-00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC. NO RIGHTS UPON THE CERTIFICATE MOLDER OTHER THAN THOSE PROVIDED IN THE 3131 EAST CAMELBACK ROAD, SUITE 400 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 602-337-6300 AFFORDED 13Y THE POLICIES DESCRIBED HEREIN. PHOENIX, AZ 85016 COMPANIES AFFORDING COVERAGE COMPANY 3155 -AUTWC-00-01 A Travelers Indemnity Company of IL INSURED COMPANY UNOCAP B Tosco Corporation 9653 S. Santa Fe Springs Road COMPANY Santa Fe Springs, CA 90670 C COMPANY D .E GESS,- • --, .. . •4� . T n'Rs. • '�'r ni:i:a? . •�.r: .s....i:.: t:.•.t 1_ +-'.]`Y r. -• i. i�..:.,,. ':-. i•s«:iJ: :: y,,y. ist �" •=• ;,�C� J• ' THIS 6 TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUITEMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY - PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF IRSURANCE POLICY NUMBER POLICY EFFECTIVE DATE(MMIDOrM POLICY EXPIRATION DATE(MMIDDPfY) LIMITS LTR GENERALLIABILITY GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMMERCIAL GENERAL LIABILITY PERSONAL6ADV INJURY $ CLAIMS MADE � OCCUR' .. EACH OCCURRENCE $ OWNERS 6 CONTRACTORS PROT FIRE DAMAGE (Any one are) $ MED EXP ane $ A AUTOMOBILE LIABILITY TC2JCAP177D6389-TIL-00 AOS 08/01/00 02/01/02 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY $ .ALLOWNEDAUTOS . (Per Person) . SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ . (Per aecdent) NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: .;n'.:s.•:,:.: �_::,: .. .5' . ANY AUTO $ EACH ACCIDENT AGGREGATE $ EXCESS UABU.RY EACH OCCURRENCE $ AGGREGATE $ UMBREU A FORM AONIFF.111=10-rMID OTHER THAN UMBRELLA FORM TC2JU6267T4457 AOS 02/01/01 02/01/02 X_ TORYLJMITS I I ERr��.`�_'' EL EACH ACCIDENT $ 1,000,000, — EMPLOYERS' LIABILITY TRJU6267T4537 MA/OR/HI 02/01/01 62/01/02 A A THE PROPRIETOR/ INCL TWXJUB267T4470 NJ 02101/01 02/01/02 ELwsEAsE-PoLNYLIMIT $ 1,000,000 EL DISEASE" -EACH TOYED $ 1,000,000 PARTNERSIFXECUTNE OFFICERS ARE: EXCL DTHER— OF OPERATIONIU:OCATIONSNEHICLESBPECW ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) DESCRIPTION UNOCAP and Toseo Corporation are qualified Self -Insurers for General Liability in the amount of $1,000,000. The City of San Luis Obispo, its officers, agents and employees are additional. insureds as their interests may appear as respects Franchise Ordinance No. 1390 and No. 1391. SHOIAD ANY OF THE POUCaS DESCRIBED HUM BE CANCEJJ- BEFORE THE EWMTION DATE 1*181E F. nHe RCSUFMn AFPCRO04 ODWERAGE YILL ENDEAVOR TO MAL Aa DAYS vAurmN None To THE City of San Luis Obispo CERnMATE HOIDM NA1m-1ErEIK BUT FALURE TO VAL SUCH NOTICE SHALL WIOSE NO CSGATXNI OR Attn: Lee Price, City Clerk LVAUNOF ANY MID UPON THE INSURER ER AFFORDCOVERWL REPRESENTATIVES. 990 Patm Street.. : San Luis Obispo, CA 834013249 ' MARSH USA INC. ..✓ . Gregory LDuvier, Sr. raw - rowo t ra* • •%. eY: . ACCEPTANCE�OF FRANCHISE Tosco Refining Company, a division of Tosco Corporation, a Nevada corporation ('TOSCO"), hereby accepts for itself, its successors and assigns, that certain Franchise Ordinance No. 1390, adopted by the City. Council of the City of San Luis Obispo on July 10, 2001. ' Tosco agrees to be bound by all of the terms and conditions of Ordinance No. 1390. Date: August 17, 2001 UNOCAL CALIFORNIA PIPELINE COMPANY By: Robert A. McElroy, Jr. Vice Pre�bi ent By: Right. of Way Administration CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss.. County of L-0,5 6Q On 7 , before me, i %.FJ'`I A- �' Date ` n 'Name arM Idle of Officer (e.g..'Jarfia Doe. Notary personally appeared MONA 0. HBERT Commission # 1165396 NotoryPublic - Califomia Los Angeles County - MyComm. 5plresDec29.200t Place Notary Seat Above '(3ersonally known to me B-provis8 o me aTlsfaeter- Ayidepce to be the personk whose name(is subscribed to the within instrument and acknowledged to me)bat ttsheLtA'byt executed the same in (gis authorized capacity(Ies), and that by is bf the signature(§�,pn the instrument the personK or the entity upon behalf of which the personn acted, executed the. instrument. WITNESS my hand and off`ici I jI`.,,�� • C StgMW, of Notary Public -OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Pii­WGa 0sO-o Document Date: hnt s c LX�6 I I Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer tr-i• Signer's Name ❑ Individual 9 Corporate Officer — Title(s):– ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing•. TCks" RIGHT THUMBPRINT OF SIGNER 0 1997 Nellwml Noury Anodatlan • 93S' 0 De Sato Ave.. P.O. Box 2402 • CheftwoM CA 9131rawc naa. M. aov. ..o....o.. ,,..,...�..-. CALIFORNIA ALL-PURPOSE State of California (� County of JOS�'���5 ss. On v§ i{7 2001, before me, 1V- 11 Tt �u bliC pate Name MW Title of Officer (e.g.. 'J Doe, Notary Publ' personally appeared - � t f ti:K� _ 'personally known to me -au:Jens to be the person whose name subscribed to the within instrument and acknowledged to me tha F&/sK&vidi executed the same in Is of/thfr authorized. capacity), and that byh�' TvAr/thpffir signature(,) on the instrument the persorjK, or the entity upon behalf of which the perso%x) acted, executed the instrument. WITNESS my hand and official ea Place Notary Seal Above signetu� Publk . OPTIONAL Though the information below is not. required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attachec�Documerpt C Title or Type of Document e -Qt& AP-_ e- 04 �� 5 �^ 0 0. . Q3q `�scc Document Date: % .5 -4- 1 (v , 71 OO Number of Pages: Signer(s) Other Than Named Above: ��VJ �C 1't• FOV. V Capacity(ies) Claimed by Signer Signer's Name: ��• F •'-CTS trL�« ❑ Individual ❑ Corporate Officer — Title(s): 4 ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator %�1����1 `other. 5u v�SO V- -���•�' � �Va./ �ff3r�11ti1• , s i i > �%:�'/ /.� i.:, 3,C . %.�:J':\ � .� l /4 .%.\ .�✓C .[.1.� / Y � /:\y: 34 / .✓.�U' v[� 1G\ / Yn✓.\ ..�_) �> J'j`ti[� > � 1 \.Y:�'/, :� i:\ 711 I MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND. WA 98052 Bond 6125089 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS,.That we, TOSCO CORPORATION as Principal, of 1700 FAST aI r NAM AVENUE S_TE 500 (Street and Number) OLD GREENWICH CONNECTICUT and the SAFECO INSURANCE COMPANY OF (City) (State) AMERICA a Washlnat on corporation, as Surety, are held and bound unto NTY OF SAN I I uc ncicorJ as Obligee, in the sum of One Mllion and 00/100 - --------------------------------- Dollars ($ 1000-000.00 ) for which sum, well and .truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 10th day of August , 2001 THE CONDMON OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit for FRANCHISE ORDINANCE FACILITIES IN CITY STREETS by the Obligee. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER 1. This bond shall continue in force: ❑ Until or until the date of expiration of any Continuation Certificate executed by OR the Surety ® Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. TOSCO CORPORATION / Principal David A.'WaldscWtIt, Asst. Secretary SAFECO INSURANCE COMPANY OF AMERICA �v By ERIC NIETO :.i Attorney -in -Fact &12351SAEF Ia+99 . 0 Regmww trad n wk of SAFECO CWPOmec CAUFORNIA ALLPPURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUN77 OF SAN FRANCISCO } On AUGUST 10, 2001 before me, D. B. COLLADO. NOTARY PUBLIC Daft Nome, rde of QB%o, NaW7 Pmblk personaUy appeared ERIC NTETO. -ATTORNEY-rN—FACT u (S) Cr a2u3) ® personally known to ace - to be the person(*ywhose nameAV is4W subscribed to the within mstrcunent and acknowledged to me that heftAt%tJnjty executed the same m his/*pXauthorized capacityW4, and that by hiv1Apjr1flp# signaturq#kon the instrument the personp), or the entity upon behalf of which the personfrYacted, executed the instrument. WITNESS my hand and official seal. Skma" of Nab" SAFECO_ POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: FECO INSURANCE COMPANY OF AMERICA 4ENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WA§MINGTON 98185 No. 12471 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereb appoint nNfenllafln•flfnNNgnatfna►nnanlattnfflffffsefflne�``O: San Francisco, WYYAlY6lN!!!!N!f!!!llHagfpgalfllf ffftgaf aiptaataatlalftfa• Its true and lawful attomeAs)4 r fact with full authony to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar charade Issued in the course of its business, and to bind the respective company thereby. tN WRNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY. OF AMERICA have each executed an. attested these presents this 25th day of Sept=bcr , 2000 RA. PIERSON, SECRETARY BOH A. DICKEY, PRESIDENT dERTIFICATE Extract from the By4Aws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. - FIDELITY AND SURETY BONDS ... the President any Vice President, the Secretary, and any Assistant Vwe President appointed for th. purpose by the officer in charge of surety operations, shall each have authority tD appoint Individuals as attorneys -in -fad or under other appropriate titles with authority t execute on behalf of the company fidelity and surety bonds and other documents of similar character Issued by the company In the course of its business... On an Instrument makkrg or evidencing such appointment the signatures may be affixed by facsimile. On any instrument conferring such authority or an any bond c undertaking of the cornpany, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner repmduced; provided, however, that the seal shall nc be necessary to the validity of any such instrument or undertaking " Extract from a Resolution of Me Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out n The provisions of Article V, Section 13 of the By4aws, and n A copy of the pomr-of-attorney awantn*A executed pursuant thereb, and (m) Certifying that said power-ofatlomey appointment is in full force and effect the signature of the certifying officer may be by facsimile. and the seal of the Company may be a facsimile thereof." 1. RA Berson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, t10 hereby certify that 7h, foregotrg extracts of the Bya.aws and of a Resolution of the Board of Directors of these corporations, and of a Pacer of.Attomey issued pursuant thereto. are true an cortect and that both the Bylaws, the Resolution and the Power of Attorney are still in full force and effect W WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10TH day of �I SEAL X i AUGUST R.A. PI RSON, SECRETARY 2001 S-oo7401WEF 7198 ® Registered tradmark of SAFECO Carprxatc W2W Pt ACCEPTANCE OF FRANCHISE Unocal California Pipeline Company, a California corporation ("UNOCAP"), hereby accepts for itself, its successors and. assigns, that certain Franchise Ordinance No. 1391, adopted by the City Council of the City of San Luis Obispo on July 10, 2001. Unocap agrees to be bound by all of the terms and conditions of Ordinance No. 1391. Date: August 17, 2001 UNOCAL CALIFORNIA PIPELINE COMPANY By: Robert A. McElroy, Jr. Vice P side By G. F. Tintle, Supervisor Right of Way Administration CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a. State of California ss. County of L f� S� �-5 On ?P UaVST (% 2LN , before me, Data personally appeared MONA . HEBERT Commission 0 1165396 I Z ,�v DNotary Public - California _ Los Angeles County My Comm. Wises Dec29, 2001 Place Notary Seel Above M Name(s) of Signer(41) EKersonally known to me auiderlee- to be the person whose nameN s subscribed to the within instrument and acknowledged to me thatShhedhb"xecuted the same in is herlth%eit authorized capacity(tes-)-, and that by dj�I'hWh!bm signature(�JOn the instrument the personjsj or the entity upon behalf of which the person(sj-� acted, executed the instrument. WITNESS my hand and officials al. SlgnaNra of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Doccu(�m,me"�nt: �f r�.vt E►r � �� Vl(� V�',e Document D` ate �*Tv4 V.S� (7 1�-aC7 Number of Pages: 1 Signer(s).Other Than Named Above: l^i Capacity(ies) Claimed by Signer Signer's Name: ILO�0_P 74c ❑ Individual Top of thumb here rporate Officer — Title(s): V1��e �e 6►1 �P_--. Partner — ❑ Limited ❑ General ❑ Attorney in Fad ❑Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: 0 1997 National Notary Awaolallon • mw De Soto Ave.. P.O. Box 2402 • ChebwoM, CA 91313444 rreo. M. oau. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 4.O,5 'e- eS ss. On Vs 16 aQ� before me, �\ ). � � . %iAr r: btb (IC, Date Name and Title of Officer (e.g., Jane Doe, Notary P ble) personally appeared —T�k7�k-e_ MONA 0. HEBBtT Commission # 11653M Z NotaryPubHe-Califomia LDS Angeles County My Ccrnm. B0es Oac29.20D1 personally known to me m pined to mato ma.ahe-basis-�I:WaeteF - ev4hww� to be the personK whose name(zT (s g subscribed to the within instrument and acknowledged to me thattQ06/tXy executed the same in (h(s getheir authorized capacity(iK and that by his /thir signaturegon the instrument the person(a), or the entity upon behalf of which the person(1 acted, executed the instrument. C WITNESS my hand and oofficia( seal. Place Notary Seal Above Signature of holary, Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: kv Number of Pages: ` Signer(s) Other Than Named Above: O 11.0 (� Capacity(ies) Claimed by Signer Signer's Name: jP22 ❑ Individual ❑ Corporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee O Guardian or Conservator ' l n Other. SuQQ-fVted(-�c�Vt7� D# loamy �tt�taltSZf� dL Signer Is Representing: 0 1997 Naborrel Notary Association • 9350 Oe Sato Ave.. P.O. Bos 2402 • Chatawoft CA 81313.2402 Prod. Na 5907 Reader: Call Toll -Free 14094758827 MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD t U REDMOND. wA 98052 N Bond 6125092 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, UNO AP as Principal, of 1700 FAST PUTNAM AVENUE_ STE. 500 (Street and Number) OLD GREENWICH CONNECTICUT and the SAFECO INSURANCE COMPANY OF (Clty) (state) a Washington corporation,urety, are h d and i__ -T r.eTv nc QAAI �i fCnn _ - for which 4um, well and tnt id we bind ourselves, our heirs, executors, jai tltly and sere y these presents. Sealed with our seals, and dated this 10th day of {as Obligee, in the Gm o ($ f �'. 2001 . THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted F -RAN........- ..,+OINA CE #1391 FACILITIES 1N CITY STREETS a license or permit for by the Obligee. NOW, .'THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: ❑ Until or until the date of expiration of any Continuation Certificate executed by OR the Surety ® Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. UNOC Principal Arthur -1. Gross, A st. Secretary SAFECO INSURANCE COMPANY OF AMERICA By ERIC NIE7'O Attomey-in-Fact 10199 0 Replstered aadamek' of SAFECO CAUFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUN77 OF SAN FRANCISCO } On AUGUST 10, 2001 before me, D. B. COLLADO, NOTARY PUBLIC Dam xdm, rdgOfoffWW, N•=y PMUC personally appeared ERIC NIETO, ATTORNEY-IN-FACT �)s) or ammts) ® personaUy known to me - 91`AAWAINOW to be the person(t),whose nameM is/,Wsubscribed to the within butrrunent and acknowledged to me that he{sjtefi" executed the.same in his/oWauthorized capacityW, and that -by his1ft)W#* signaturokon the instrcament the personft), or the entity upon behalf of which the person(s/aded, executed the instrument WITNESS my hand and ofdal seal. 44 POWER N ECO INSURANCE COMPANY OF AMERICA ' „fNERAI INSURANCE COMPANY OF AMERICA T"I S A F E C O' OF ATTORNEY HOMEOFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 12471 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereb appoint Nsaasaaaaaaaapu►aaatts►qua►•t•traa+aaarasaataaaaaaaaaasaaaa�C ATO; San Frdmi5C0. CBIjti7[pia►►canna►astraaaattaaaraaaarrar►saasantasstaaasasrrranra►. Its true and lawfid attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and othar documents of a similar characte Issued in the course of Its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed ant attested these presents this 25th day of September 2000 RA PIERSON, SECRETARY BOH A. DICKEY, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "prude V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for the pxpose by tie officer in charge ofsurety operations, shall each have authority to appoint individuals as attomeys-in-tad or under otw appropriate lilies with authority b execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On an. Instrument making or evidencing such appointment the signatures may be a5ced by facsimile. On any instrument conferring such autiodfy or on any bond c undpglang of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shag nc be necessary to the validity of any such instrument or undertaldng " Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Canparry setting out, n The provisions of Article V. Section 13 of the By -Laws, and (d) A copy of the power-of-attorney appointment, executed Pursuant thereto, and R Certifying that said powercfattorney appouhtrnent is in full force and effect, the signature of the certifying offioer may be by facsimile. and the seal of the Company may be a facsimile thereof." 1, RA Pierson% Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, tib hereby certfy that to foregohg extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations. and of a Power of Atomey issued pursuant thereto, are true an• correct and that bath the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation $.0974rMAFF 7108 this 10TH day of CORPORATE SEAL x A - AUGUST , 2001 R.A. PIERSON, SECRETARY - ® Registered trademark of SAFECO Corpofato 942500 PC Ordinance No. 1390 (20uz. Series) Page 18 of 29 I. After confirmation of the report, certified copies of the assessment shill be filed with the County Auditor on or before August 10th The descriptions of the parcels reported shall be those used for the same parcels on the County Assessors map books for the current year. J. The amount of the assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided. for ordinary county taxes. All laws applicable to the levy collection and enforcement of taxes shall be applicable to such assessment. If the City Council -has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary City taxes is in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary county taxes. K All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Finance Director. ARTICLE 14 BOND A. Grantee -shall, concurrently with the filing of and acceptance of award of this franchise, file with the City Clerk, and yearly thereafter, maintain in full force and effect, a bond guaranteeing to the City of San Luis Obispo the penal sum of One Million Dollars ($1,000,000.00), with a surety to be approved by the City Public Works Director and City Risk Manager, conditioned that Grantee shall, well and truly observe, fulfill and perform each and every term and condition of this franchise, and in case of a material breach of condition of said franchise, at the discretion ... of the City Public Works Director, a percentage of the amount of the bond shall be paid to the City according to the following schedule, which cumulative amount for any said breach not cured within the time specified below shall not exceed the full amount of the bond, in addition to any damages recoverable by the City and shall be recoverable from the principal and sureties of the bond: Following receipt.of notice by Certified Mail sent by the City, failure'to cure said breach of condition, within: 10 business days 30 calendar days 60 calendar days 90 calendar days. Penal sum paid to City: 5% of the amount of the bond 30% cumulative amount of the bond 70% cumulative amount of the bond 100% cumulative amount of the bond Ordinance No. 1390 (200. ,ties) Page 19 of 29 The amount of time specified above shall be tolled while City and Grantee resolve, or until the City Council rules on, any written appeal, protest or objection to the City Public Works Director's decision as set forth in Articles 12, 13, 19, and 25, and elsewhere in this agreement; however, if Grantee's appeal, protest or objection is found by the City Council to be the result of bad -faith actions or tactics that are frivolous or intended to cause unnecessary delay, such amount of time shall not be tolled. If said bond is not so filed, the award of this franchise and privileges will be set aside and any money paid therefore will be forfeited. Whenever a bond is taken and deemed to be liquidated damages for any breach of a term or condition of this franchise, the Grantee must immediately file another bond of like amount and character, and if the Grantee fails to do so within the time set by the City Public Works Director, the City Council may, by resolution, declare said franchise automatically forfeited. Nothing herein shall insulate Grantee from liability in excess of the amount of said bond or shall be construed as a waiver by the City of any remedy at law against the Grantee for any breach of the terms and conditions of this franchise, or for any damage, loss or injuries suffered by the City of San Luis Obispo in case of any damage, loss or injury suffered by any person, firm, or corporation by reason of any work done or any activityconducted by the Grantee in exercise of this franchise. B. The faithful performance bond shall continue to exist for one (1) year following the City's approval of any sale, transfer, assignment or other change of ownership of this franchise, or of the expiration or termination of this fianchise. The City may release said bond prior to the end of the one (1) year period upon satisfaction by Grantee of all the obligations under this franchise. a ARTICLE 15 INSURANCE A The Grantee shall procure and shall keep in force for the term of the franchise, at the sole cost and expense of the Grantee, the following insurance. All insurance coverages are to be placed with insurers which have a Best's rating of not less than B+VIII and are admitted insurance companies in the State of California. ' Grantee may satisfy the requirements of this Article 15 by showing proof of self-insurance reasonably satisfactory to the City Attorney and Risk Manager. Commercial General Liability Insurance (CGL): Grantee shall maintain in full force and effect Commercial General Liability Insurance with the following coverages: 1: Personal Injury and Bodily Injury, including death resulting therefrom. 2. Property Damage. , . 3. Automobile coverage which shall include owned, non -owned and hired vehicles. 19 Ordinance No. 1390 %.002 Series) Page 20 of 29 - - The amount of insurance shall not be less than the following: Single limit on the coverage applying to bodily and personal injury, including death resulting therefrom, property damage, and automobile coverage in the total amount of Ten Million Dollars ($10,000,000.00_). ... The following endorsements must be provided in the CGL policy: 1. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence." 2. The policy must cover personal injury as well as bodily injury. 3. Blanket contractual liability must be afforded and the policy must contain a cross - liability or severability. of interest endorsement. 4. Broad Form Property Damage Liability must be afforded. 5. Products and Completed Operations coverage must be provided. 6. The City,,its officers, employees and agents shall be named as additional insured under the policy.. The policy shall include the appropriate insurance company endorsement, as required under City regulations. The policy shall provide that the insurance will operate as primary insurance. No other insurance effected by the City, whether commercial or self- insurance will be called upon to contribute to a loss hereunder. The following requirements apply to all insurance to be provided by Grantee: 1. A certificate of insurance shall be furnished to the City. Upon request by the City, Grantee shall provide a certified copy of any insurance policy to the City within forty-five working days of the City's request. 2. Certificates and policies shall state that the policies will not be canceled or reduced in coverage or changed in any other material respect without thirty days prior written notice to the City. B. Failure on the part of Grantee to procure or maintain required insurance and bonding shall constitute a material breach of this franchise upon which the City may immediately terminate or suspend this franchise. ARTICLE 16 INDEMNMCAT� GRANTEE The Grantee, by the acceptance or use of the franchise hereby granted, shall defend, indemnify and shall keep and save free and harmless the City, its officers, agents and/or employees against any and all claims, demands or causes of action which may be asserted, prosecuted or established against them, or any of them, for damage to persons, or property, of K11 Ordinance No. 1391 (206. -series) - Page 18 of 28 I. After confirmation of the report, certified copies of the assessment shall be filed with the County Auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the County Assessors map books for the current year. J. The amount of the assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy collection and enforcement of taxes shall be applicable to such assessment. If the City Council has determined that the assessment shall be..paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary"City taxes is in successive years.. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary county taxes. K All money recovered by payment of the charge or assessment or from the sale of the property at foreclosure sale shall be paid to the City Finance Director. ARTICLE 14 BOND . A. Grantee shall, concurrently with the filing of and acceptance of award of this franchise, file with the City Clerk, and yearly thereafter, maintain in full force and effect, a bond guaranteeing to the City of San Luis Obispo the penal sum of One Million Dollars ($1,000,000.00), with a surety to be approved by the City Public Works Director and City Risk Manager, conditioned that Grantee shall, well and truly observe, fulfill and perform each and every term and condition of this franchise, and i material breach of condition of said franchise, at the discretion of the City Public Works Director, a percentage of the amount of the bond shall be paid to the City according to the following schedule, which cumulative amount for any said breach not cured within the time specified below shall not exceed the full amount of the bond, in addition to any damages recoverable by the City and shall be recoverable from the principal and sureties of the bond: Following receipt of notice by Certified Mail sent by the City, failure to cure said breach of condition, within: Penal sum paid to City: 10 business days 5% of the amount of the bond 30 calendar days 30% cumulative amount of the " bond 60 calendar days 70% cumulative amount of the .... , ,.. bond 90 calendar days 100% cumulative amount of the: bond 18 Ordinance No. 1391 (2001 Series) Page 19 of 28 The amount of time specified above shall be tolled while City and .Grantee resblve, or until the City Council rules on, any written appeal, protest or objection to the City Public Works Director's decision as set forth in Articles 12, 13, 19, and 25, and elsewhere in this agreement; however, if Grantee's appeal, protest or objection is found by the City Council to be the result of bad -faith actions or tactics that are frivolous or intended to cause unnecessary delay, such amount of time shall not be tolled. If said bond is not so filed, the award of this franchise and privileges will be set aside and any money paid therefore will be forfeited.' Whenever a bond is taken and deemed to be liquidated damages for any breach of a term or condition of this franchise, the Grantee must immediately file another bond of like amount and character, and if the Grantee fails to do so within the time set by the City. Public Works Director, the City Council may, by resolution, declare said franchise automatically forfeited. Nothing herein shall insulate Grantee from liability in excess of the amount of said bond or shall be construed as a waiver by the City of any remedy at law against the Grantee for any breach of the terms.and conditions of this franchise, or for any damage, loss or injuries suffered by the City of San Luis Obispo in case of any damage, loss or injury suffered by any person, firm, or corporation by reason of any work done or any activity conducted by the Grantee in exercise of this franchise. B. The faithful,performance bond shall continue to exist for one (1) year following the City's approval of any sale, transfer, assignment or other change of ownership of this franchise, or of the expiration or termination of this franchise. The City.may release said bond prior to the end of the one (1) year period upon satisfaction by Grantee of all the obligations under this franchise. ARTICLE 15 INSURANCE A. The Grantee shall procure and shall keep in force for the term of the franchise, at the sole cost and expense of the Grantee, the following insurance. All insurance coverages are to be placed with insurers which have a Best's rating of not less than B+VIII and are admitted insurance companies in the State of California. Grantee may satisfy the requirements of this Article 15 by showing proof of self-insurance reasonably satisfactory to the City Attorney and Risk Manager. Commercial General Liability Insurance (CGLI: Grantee shall maintain in full force and effect Commercial General Liability Insurance with the following coverages: 1. Personal Injury and Bodily Injury, including death resulting therefrom. 2. Property Damage. 3. Automobile coverage which shall include owned, non -owned and hired vehicles. - The amount of insurance shall not be less than the following: Single limit on the coverage applying to bodily and personal injury, including death resulting therefrom, .property damage, and automobile coverage in the total amount of Ten Million Dollars ($10,000,000.00). The following endorsements must be provided in the CGL policy: 1.. If the insurance policy covers on an "accident" basis, it must be changed to "occurrence." 19 ` Ordinance No. 1391 (. _ 1 Series) Page 20 of 28 2. The policy must cover personal injury as well as bodily injury. 3. Blanket contractual liability must be afforded and the policy must contain a cross - liability or severability of interest endorsement. 4. Broad Form Property Damage Liability must be afforded. 5. Products and Completed Operations coverage.must be provided. .6. The City, its officers, employees and agents shall be named as additional insured under the policy. The policy shall include the appropriate insurance company endorsement, as required under City regulations. The policy shall provide that the insurance will operate as primary insurance. No other insurance effected by the City, whether commercial or self- insurance will be called upon to contribute to a loss hereunder. The following requirements apply to all insurance to be provided by Grantee: 1. A certificate of insurance shall be famished to the City. Upon request by the City, Grantee shall provide a certified copy of any insurance policy to the City within forty-five working days of the City's request. 2. Certificates and policies shall state that the policies will not be canceled or reduced in coverage or changed in any other material respect without thirty days prior written notice to the City. B. Failure.on the part of Grantee to procure or maintain required insurance and bonding shall constitute a material breach of this franchise upon which the City may immediately terminate or suspend this franchise. ARTICLE 16 INDEMNIFICATION BY GRANTEE The Grantee, by the acceptance or use of the franchise hereby granted, shall defend, indemnify and shall keep and save free and harmless the City, its officers, agents and/or employees against any and all claims, demands or causes of action which may be asserted, prosecuted or established against them, or any of them, for damage to persons, or property, of whatsoever nature, arising out of the use by it of the City streets hereunder or arising out of any of the operations or activities of the Grantee pursuant to this franchise, whether such damage shall be caused by its own sole negligence or negligence concurrent with the City, excepting therefrom, however, any claim or demand based on the sole negligence or will.ful.misconduct of the City and any claim, demand, or cause of action which may be asserted, prosecuted or established against the City under the provision of the Worker's Compensation Act for injury to or the death of any of City's officers, agents or employees while acting within the scope of their employment. Grantee shall not be responsible for any criminal, fraudulent or malicious conduct of. the City. . . ARTICLE 17 CHANGES IN CONTROL OF FRANCHISE A. On and after the Grantee's acceptance of this franchise as provided in Article 23 herein, Grantee, its partners, its shareholders, or any other person or persons holding an interest 20 Vra SAFECV' CC: UNOCAL CALIFORNIA PIPELINE COMPANY MARSH RISK & INS SERVICES 15-7464 (OBLIGEES NAMFJADDRESS) TO: CITY OF SAN LUIS OBISPO 990 PALM STREET SAN LUIS OBISPO CA 92403 NOTICE OF BOND CANCELLATION You are hereby notified that SAFECO INSURANCE COMPANY OF AMERICA T e of Rnnd• FRANCHISE ORDINANCE #1038 Rend No- 6068127 date effective 05/30/2000 (MONTH DAY YFAR) anhehalfof MRINaPAT-NNAMwanDRFcS) UNOCAL CALIFORNIA PIPELINE COMPANY 72 CUMMINGS POINT ROAD STAMFORD CT 06902 MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND, WA 98052 Surety upon desires to cancel and does hereby cancel said bond in accordance with the cancellation provisions contained therein or in applicable laws or regulations. This notice is mailed to you on 8/9/2001 (MONTH. DAY. YW) and is effective 30 days from receipt of canellation notice. CherZN Ah rn (A1i0RNEY-IN-FAcn Cancellation Acknowledged: (PLEASE S> AND RETURN THE DUPLICATE OF THIS NOTICE) SEAL g By: 4nsuof"- Dated: (MON[H, DAY. YEAR). CANCEL REASON: CANCEL BOND PER REP. S•12001SAEF 6100A"ZWeMd ftdemedc d SAFECO CwwaUM i S A F ECO* NOTICE OF BOND MILLENNIUM CORPORATE PARK BLDG. C F31CANCELLATION 8400 E UNION HILL ROAD _ ... REDMOND, WA 98052 CC: TOSCO CORPORATION MARSH RISK & INS SERVICES 15-7464 (OBLIGEE'S NAMFIADDRESS) TO: CITY OF SAN LUIS OBISPO 990 PALM STREET SAN LUIS OBISPO CA 92403 You are hereby notified that SAFECO INSURANCE COMPANY OF AMERICA Time of Rnnd- FRANCHISEM ORDINANCE NO. 1038 Rnnd Nn. 5941397 tinte, effective 07/07/1998 (MONTH. DAY. YFARI on behalf of rFRrNcmar cNAMFiAnnRFCS) TOSCO CORPORATION 1400 PARK AVENUE LINDEN NJ 07036 Surety upon desires to cancel and does hereby cancel said bond in accordance with the cancellation provisions contained therein or in applicable laws or regulations. This notice is mailed to you on 8/9/2001 (MONTH, DAY. YEAR) and is effective 30 days from receipt of cancellation notice. SA COSURANr�OW A Y F AMERICA By heryl Ahern (ATTORNEY-IN-FACT) Cancellation Acknowledged: (PLEASE SIGN AND RETURN THE DUPLICATE OF TMS_NOTTCE) By: Dated: (MONTK DAY. YEAR) - .. - .... . . N C E L REASON: CANCEL BOND, PER REP. S-12o9/SAEF 8f99 s A reatstered trademark of SAFECO Corporation TOSCO Mr. Lee Price, CMC City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93401-3249 Dear Mr. Price: d Tosco Refining Company (/[.0 7/ v - l Distribution West 9645 Santa Fe Springs Road P.O. Box 2628 o Sarna Fe Springs, CA 90670.0628 /n/ \Telephone:562-906.7500 J 6 .dA - arsimile: 562-906-7555 August 17, 2001 Subject: Tosco Corporation/Union Pipeline Corporation 58 Administration In accordance to those certain Pipeline Franchise Agreements granted by the City of San Luis Obispo to Tosco Corporation and Union Pipeline Company on July 10, 2001, enclosed are the following items: 1. Letter of.Acceptance of both the Tosco franchise Ordinance No. 1390 and the Union franchise Ordinance No. 1391; 2. Faithful Performance Bond Nos. 6125089 and 6125092, Tosco and Union respectively, dated August 10, 2001; 3. Insurance Certificate No. LOS -000237011-00; and 4. Tosco's check No. 863397 dated August 6, 2001 for $10,000.00 covering the granting fee for Ordinance No. 1390 and 1391. If there are any other steps, that Tosco needs to take to validate the new Franchise, please contact Mr. G. F. Tintle at (562) 906-7557. Thank you. 1.Very truly yours, Mona D. ebert, Coordinator RECEIVED Right of Way Administration MDH AG 2 2001 Enclosures SLO CITY CLERK Cc: G. Tintle /I,I TOSCO CORPORATION PO BOX 52085 PHOENIX. AZ 85072-2085 ref ' oup vixo. ct¢ci OATF cllficicxo. REFINING-S/H 1 21016848 08/06/01 863397 DATE INVOICE NUMBER BATCH NUMBER GROSS AMOUNT DISCOUNT. NET AMOUNT 073101 FEI 073101 FEI 13900701 X CK TO MONA HEB 13910701 X CK TO MONA HEB 9160 03 -AUG -0 RT, SANTA FE SPRINGS, 9160 03 -AUG -0 RT, SANTA FE SPRINGS, 5,000.0c CA 5,000.00 CA 0.00 0.00 5,000.00 5,000.00 If you have myquestioem. Please call (602)7283898 TOTAL, 10,000.00 0.0 10,000.001 RUB PURPLE RECTANGLE BRISKLY. rlr TOSCO CORPORATION DATE CHECI(NU$ER POBOX 52085 08f 06/01 86339,7_ .. 70800 PHOENIXAZ 85072-2085.-.= _ INK WILL CHANGE FROM PURPLE TO PINK IF CHECK IS AU.THENTIC..; ..... ._. - -. - BmkBostan Maine. NA 32-153 „ SmAh PcrBend. ME 112 PAY Ten MxAi.sandDoUarsAnd 000ent$******************.rr■■*******« Y0lQ.,AF=SDMDAYS..... NOTE MICROPRINTINGINiV:_.. AMOUNT AREA ABOVE: IN a / Ii •/ TREASURER 990 PALM BOX 8100 SAN LUIS ST _.__.I OBItirZ�- -yq 93403 - _.--. BY . x§Tl c?J' � r7F.f.� u • •> ORIZED SIONA•RIRfi 11'0086339711' 0:0 1 L 20 L5391: 80 038 Lolom —•' _ ._ .. CERTIFICATE NUMBER MARSH USA INC'. CERTIFICATE O, _ASURANCE - - --..— - .... -- -- — —_................:._.._............ I LOS -000237011-00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS MARSH USA INC, NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 3131 EAST CAMELBACK ROAD, SUITE 400 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 602-337-6300 AFFORDED BY THE POLICIES DESCRIBED HEREIN. PHOENIX, AZ 85016 COMPANIES AFFORDING COVERAGE COMPANY 3155 -AUTWC-00-01 A Travelers Indemnity Company of IL INSURED COMPANY UNOCAP B Tosco Corporation COMPANY 9653 S. Santa Fe Springs Road Santa Fe Springs, CA 90670 C COMPANY D COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDTTION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. CONDITIONS AND EXCLUSIONS OF SUCH POLICIES. LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. c0 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMIDDIYY) DATE (MMIDDIYY) LIMITS GENERAL LIABILITY ,GENERAL AGGREGATE '$ I COMMERCIAL GENERAL LIABILnY CLAIMS MADE FlOCCUR .PRODUCTS-COMPlOP AGG $ PERSONAL 8 ADV INJURY Is _ EACH OCCURRENCE is OWNER'S & CONTRACTOR'S PROT I FIRE DAMAGE (Any we fire) I $ MED EXP IAn one person Is A AUTOMOBILE X UABILITY ANY AUTO TC2JCAP177D6389-TIL-00 AOS 08/01!00 02/01/02 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY $ '(Per person) _ I ALL OWNED AUTOS SCHEDULED AUTOS _ BODILY INJURY (Per accident) $ HIREDAUTOS NON -OWNED AUTOS PROPERTY DAMAGE I$ GARAGE LIABILITY I (AUTO ONLY - EA ACCIDENT 1 $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ _ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM I OTHER THAN UMBRELLA FORM Is A IWORKERS A A COMPENSANTOWNWIFIF—ITC2JUB267T4457 EMPLOYERWIJABIUTY THE PROPRIETOR/ INCL ITWXJUB267T4470 PARTNERSIEXECUTNE AOS02/01/01 02/01/02 TRJU6267T4537 MA/OR/H1 102/01/01 102/01/02 NJ •02/01/01 IEL - X TORY LIMITS ER EL EACH ACCIDENT $ 1,000,000 DISEASE -POLICY LIMIT $ 1,000,000 DISEASE -EACH EMPLOYEE $ 1,000,000 OFFICERS ARE: EXCL 102/01/02 jEL I I DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS (LIMITS MAY BE SUBJECT TO DEDUCTIBLES OR RETENTIONS) UNOCAP and Tosco Corporation are qualified Self -Insurers for General Liability in the amount of $1,000,000. The City of San Luis Obispo, its officers, agents and employees are additional insureds as their interests may appear as respects Franchise Ordinance No. 1390 and No. 1391. -CERTIFICATE HOLDER_..-----------'-' - .......... .......-._.. --........._......._......_....---.........._._.. -- CANCELLATION _._...................-.-- - SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, City of San Luis Obispo Attn: Lee Price, City Clerk THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL _3_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 990 Palm Street San Luis Obispo, CA 93401-3249 LIABILITY OF ANY KIND UPON THE INSURER AFFORDING COVERAGE. ITS AGENTS OR REPRESENTATIVES. MARSH USA INC. BY: Gregory Louvier, Sr. 'el"9iww MM1(9/99) VALID AS OF: 08/14/01 I ACCEPTANCE OF FRANCHISE Tosco Refining Company, a division of Tosco Corporation, a Nevada corporation ('TOSCO"), hereby accepts for itself, its successors andl assigns, that certain Franchise Ordinance No. 1390, adopted by the City Council of the City of San Luis Obispo on July 10, 2001. Tosco agrees to be bound by all of the terms and conditions of Ordinance No. 1390. Date: August 17, 2001 UNOCAL CALIFORNIA PIPELINE COMPANY By: 4"'o Robert A. McElroy, Jr. Vice Prefr ent By: — _ '.. G. F. Tiritle, Supervisor Right of Way Administration CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L o,5 le -S ss. On % oZW 1, before me, Date 1 Name arLd Title f personally appeared K MONA D. HEBERT _ Commission # 1165396 t Notary Public - California Los Angeles County My Comrn. Expires Dec29.2001 Name(s) d Signer(s)f I rsonally known to me rr� o me asls't�s8tlsfaetegc_ -vie dPnre to be the personNL whose name rs subscribed to the within instrument and acknowledged to m5hisahaEl_ftir t(�i SheLtN� executed the same in authorized capacity(res). and that by is bkhle� signature(b�,on the instrument the person(, or the entity upon behalf of which the person(S* acted, executed the instrument. WITNESS my hand and offici Ise I. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document {-� ( Title or Type of Document: �t✓10-�L�.. is x110. Y1C�A tS'P — �� Off - 13 p� o \ 0 s -'o I r Document Date: " I7 Z�1� ( Number of Pages: Signer(s) Other Than Named Above: G- t—. Vc�-r_ Capacity(ies) Claimed by Signer ,t� Signer's Name: 201oe fA N. t kc;Ucd J Tr. ❑ Individual Top of thumb here Corporate Officer — Title(s): CrC ('PcS _i Partner — C Limited ❑ General C: Attorney in Fact U Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:0.SC0 0 1997 National Notary Association • 9350 De Soto Ave.. P.O. Boz 2402 • Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California (� County of j_OS ss. 1j I On AiAA VST 6 -2071, before me, Date personally appeared Q f - Name and Title of Officer (e.g., "Jahe Doe, Notary Publi ") impersonally known to me _ UW6Ase to be the persono whose name Is rOr subscribed to the within instrument and acknowledged to me tha 1&/s e/th� executed the same in )s gf/thyr authorized capacity), and that by t&' hdr/thrr signature{,a') on the instrument the persorhj, or the entity upon behalf of which the persona) acted, executed the instrument. WITNESS my hand and official ea Place Notary Seal Above Signature Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Document Title or Type of Document: A �° O4 T-, G , < V �, 0 Document Date:'it- 16 �Oy((� /� Number of Pages: Signer(s) Other Than Named Above: ����—[ A— . f o_,� [ fyV )f—. Capacity(ies) Claimed by Signer Signer's Name: C'. K At"t� ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ limited G General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: S U Vw`60 y- — Signer Is Representing:1 CiS Cc�Q 0 1997 National Notary Association - 9350 Do Soto Ave., P.O. Boz 2402 6 Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll -Free 1.800-878.6827 MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND, WA 98052 Bond 6125089 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, TOSCO CORPORATION as Principal, of 1700 EAST PUTNAM AVENUE, STE, 500 (Street and Number) OLD GREENWICH CONNECTICUT and the SAFECO INSURANCE COMPANY OF (City) (State) AMERICA a Washington corporation, as Surety, are held and bound unto CITY OF SAN LUIS OBISPO as Obligee, in the sum of One Million and 00/100 ---------------------------------------- ----- - Dollars ($ 1.000.000.00 ) for which sum, well and .truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 10th day of August 2001 THE CONDMON OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit for FRANCHISE ORDINANCE #1390. FACILITIES IN CITY STREETS by the Obligee. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: ❑ Until or until the date of expiration of any Continuation Certificate executed by OR the Surety ® Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. i.1935/RGFF 10/S10 TOSCO CORPORATION Principal David A. Waldschmidt, Asst. Secretary SAFECO INSURANCE COMPANY OF AMERICA �v By ERIC NIETO Attorney -in -Fact 0 Registered trademark of SAFECO Corporation. CALIFORNIA AL4PNRPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO On AUGUST 10, 2001 before me, D.. B. COLLADO.. NOTARY PUBLIC Dm Name, Me of Ob ff, NaW7 &Hk personaUy appeared ERIC NIETO. ATTORNEY—IN—FACT maacsi ® amms) ® personally known to me - OX17 7.71PWedfo')Wj6t1lt1WAVifvof$04,&OWA3 4WO to be the person(t y whose nmneAV isAtf subscribed to the within instrument and acknowledged to me that hef AeftAq executed the same in his/WbFMVauthorized capacay(ldsj, and that by his/jrf9/jlppilsignatw*kon the instrument the personfs); or the entity upon behalf of which the person(jyaded, executed the butrument. a D. B. COUADO m COMM. r 1187421 WITNESS my hand and Official leak. SAN FRANgeO OWN N My coma == Sign=" of Neal ► 74S A F E CO" POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: ECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 12471 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint «rw«rww«rawwwww•wwwuw«r«««wwwr«•r«s«wowrrrrrr«rrawr«rrrr�C NEETO; San Francisco, CalifOmt3w.«ww«wrwwwwwarrrr«nrr•rs«•arrwar«rrrrrrrrrrwrrw««rrwwrw its true and lawful attorney(s)min-fact with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 25th day of September 2000 RA. PIERSON, SECRETARY BOH A. DICKEY, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the comparry fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the. Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-0f-attomey appointment executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, RA Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and coned, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation S-09741SAEF 7198 this 10TH . day of AUGUST , 2001 I�PORATE �' 9 SEAL 0�1 R.A. PIERSON, SECRETARY 0 Registered trademark of SAFECO Corporation. 9125100 PDF ACCEPTANCE OF FRANCHISE Unocal California Pipeline Company, a California corporation ("UNOCAP"), hereby accepts for itself, its successors and assigns, that certain Franchise Ordinance No. 1391, adopted by the City Council of the City of San Luis Obispo on July 10, 2001. Unocap agrees to be bound by all of the terms and conditions of Ordinance No. 1391. Date: August 17, 2001 UNOCAL CALIFORNIA PIPELINE COMPANY By: 944 � /.&, z Robert A. McElroy, Jr. Vice P snei�By: G. F. Tintle, Supervisor Right of Way Administration CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California p� _ I County of 1-0,5 ri u� I S ss. � r On P iasxA (7 2Cr)1 , before me, 04 fib, #f— L'De4 . I "a `a_j' j �( Date I 4 ,I�N'ame arr4 Ile of Officer (e. -Jane Doe, Notary Public') personally appeared � � P_A A . � t (-oy . zY(- MCNA D. NEBERT Commission # 1165396 i a Notary Public - CaVomia Los Angeles County MyC fr,T,.xTesDec29.2001 personally known to me _., 1' .1 te FAe em He basis of sdtisfactef:�i,-- o„iaeRe to be the person(b} whose name* s subscribed to the within instrument and acknowledged to me that 1�e islthb)e-executed the same in is hsdth`. authorized capacity(tEs)-, and that by j)/hbFAh'eit- signature(`s)-on the instrument the person, or the entity upon behalf of which the person(Sj-�,, acted, executed the instrument. WITNESS my hand and official s al. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ((� A Title or Type of Document: A�e�, , vuo-e f� tAt�e kS Lo mb ( 39 Document Date: G106-� Number of Pages: Signer(s) Other Than Named Above: �� . nT l -c_ Capacity(ies) Claimed by Signer Signer's Name: ILD G Individual 1 PII y_ Top of thumb here r,orporate Officer — Title(s): Vf ,– � �f e5l C P_– Partner — L Limited ❑ General G Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: %--o` 0 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chalsmrth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Froo 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of LOSss. 1j I On Vs )ba� , before me, tv�u -b.RQ 1 . fvc�T�YJ�u��(t° Date I n Name and Title of Officer (e.g.. Jane Doe. Notary P blit") personally appeared MONA D. HEBHi� Commission # t 165M Z NAM PubQe-earifornia _ Los Angew 9 NNCo1`nrMB hSD8c 2920D1 \ k personally known to me evidease-- to be the personfs'j whose name(4 Is j6 subscribed to the within instrument and acknowledged to me thattgoKeAjacsy executed the same , in hls hpf/their authorized capacity(iK,• and that by his ,e'r/thdir signature(pfog the instrument the person(S), or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and officia) seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document (� t Title or Type of Document: PC C t; j2TA. a, QC T;ra_ Document Date: kV b O. Number of Pages: 1 Signer(s) Other Than Named Above: O \'4� . ! Gt ro V ( , Capacity(ies) Claimed bit SignEr`� Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Other: '�Dudf-f Vi -:ii �cSVtz �� lyr�y rl�tdlcSZY�t J Signer Is Representing: w leer imium i norary Association • v iou Ue Soto Ave.. P.O. Dox 2402 6 Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder. Call Toll-Froo 1-800-87&8827 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, MILLENNIUM CORPORATE PARK BLDG. C 18400 NE UNION HILL ROAD REDMOND. WA 98052 Bond 6125092 UNOCAP as Principal, of 1700 EAST PUTNAM AVENUE_ RTE. 500 (Street and Number) OLD GREENWICH CONNECTICUT and the SAFECO INSURANCE COMPANY OF (city) (state) AMERICA a Washington corporation, as Surety, are held and bound unto CITY OF SAN LUIS OBISPO as Obligee, in the sumof One HundredThousandand 00/100 ------------------- ------------------- Dollars ($ 100.000.00 '� ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 10th day of August 2001 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit for FRANCHISE ORDINANCE #1391. FACILITIES IN CITY STREETS by the Obligee. NOW, . THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: ❑ Until or until the date of expiration of any Continuation Certificate executed by OR the Surety ® Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. b-TZJDrbAtF turuv UNOC Principal Arthu . Gross; A st. Secretary SAFECO INSURANCE COMPANY OF AMERICA By ERIC NIETO Attomey-in-Fact 0 Registered trademark of SAFECO Corporation. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } } COUIN77 OF SAN FRANCISCO } On AUGUST 10, 2001 before me, D. B COLLADO.. NOTARY PUBLIC AW Nam, rde of Officer. Navy Mix personally appeared ERIC NIETO. ATTORNEY—IN—FACT eJe W or�5) ® personally known to me - 0A1-1Z7*Wl'df 1Wd>IAhlA490,yOf$PWA4 ryAfi4pW to be the personOY whose nameM is4t subscribed to the within instrument and acknowledged to me that he#eAhey executed the same m hi:4WfifWaulhonzed capacityWo. and that by hisQfll/jliq signaturOkon the instrument the personfir), or the entity upon behalf of which the person(syacted, executed the butrument. WTINE,SS my hand and offlad seal. .L, Skma" gjNomy D. B. COLLADO a It COMM. A 1187421 NDWYKMUC-GWFMUA oti U GAN FRANCISCO COUNTY N my Cemn === 18, 2002 •POWER .r'ECO INSURANCE COMPANY OF AMERICA S A F E CO- GENERAL INSURANCE COMPANY OF AMERICA OF ATTORNEY HOMEOFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 12471 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint •ttttfttittitttttittittttRt�C INTO;San Francisco, Calrfa h�tttttttf tttttttfftitttttttittitittittt►tltittttitttttttttit its true and lawful attomey(s}in-fad, with full authority to execute on its behalf fidelity and surety b mds or undertakings and other documents of a.similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL IN WRANCE COMPANY OF AMERICA have each executed and attested these presents this 25th day of Sgn=bc , 2000 RA. PIERSON, SECRETARY BOH A. DICKEY, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fad or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the oompany, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal -shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out (i) The provisions of Article V, Section 13 of the By -Laws, and (i) A copy of the power -0f -attorney appomtrnerht executed pursuant thereto, and (iii) Certifying that said power-0fattomey appointment is in full force and effect, the signature of the certdyirg officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, RA Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the Bylaws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and coned, and that troth the By -Laws. the Resolution and the Power of Attorney are still in full force and effect IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 10TH day of AUGUST 2001 RA. PIERSON, SECRETARY S-0974/SAEF 7/98 ® Registered trademark of SAFECO Corporation. 925/00 PDF I C -01-n-) ' ACORD CERTIFICI 'E OF LIABILITY INSU - ANCFoCg02 5 X03/228/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Insurance Brokers, Inc 725 S. Figueroa St., 35th Fl. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Los Angeles CA 90017 Phone:213-689=0065 Fax:213-689-0550 INSURED INSURER A: Zurich American Insurance Co INSURER 8: Union Oil Company of Calif dba Unocal Corp. 376 South Valencia Ave. Brea CA 92823-6356 INSURER C: INSURER D: INSURER E: GLC2245745-01 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRINSRTYPE OF INSURANCE POLICY NUMBER _ DATE MM/DD/YY DATE MMIDD I N I LIMITS GENERAL LIABILITY EACH OCCURRENCE S 1 , 000 , 000 A i XI COMMERCIAL GENERAL LIABILITY GLC2245745-01 03/31/01 03/31/02 FIRE DAMAGE (Any one tire) S N/A CLAIMS MADE FRI OCCUR MED EXP (Any one person) S N/A PERSONAL S AOVINJURY S 1 OOO OOO j GENERAL AGGREGATE S 1 1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S 1,000,000 POLICY IJ PEC � j LOC A AUTOMOBILE X LIABILITY ANY AUTO BAP2245746-01 03/31/01 03/31/02 (Ea accident) COMBINED SINGLE LIMIT 151,000,000 BODILY INJURY S (Per person) ALL OWNED AUTOS SCHEDULED AUTOS I BODILY INJURY (Per accident) S I HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) 1 i LIABILITY I I AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG I $ I'GARAGE ANY AUTO HI I EXCESS LIABILITY EACH OCCURRENCE I $ OCCUR FICLAIMS MADE I AGGREGATE S S DEDUCTIBLE I RETENTION S $ WOEMPLOYERS' LIABILITY RKERS COMPENSATION AND UNOCAL SELF-INSURED IN CA TORY LIMrrAlu-S ER E.L. EACH ACCIDENT $ I E.L. DISEASE - EA EMPLOYEE/ S E.L. DISEASE - POLICY LIMIT 1 $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS Franchise ordinance #1038 adopted April 16, 1985. RECEIVED APR 0 2 2001 LO CITY CLERK CITY OF SAN LUIS OBISPO Attn: Office of City Clerk 990 Palm Street San Luis Obispo CA 93406-0321 ACORD 25-S SANLUNO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL _U_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR IMPORTANT If the cerificate holder is an ADDITIONAL INSURED, the policy(ies) mus' be endorsed. A statement on this certificate does not confer rights to the certificate holder .n lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to She terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does hot confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER Tie Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the cerificafe holder, nor does it affirmatively or negatively amend, extend or a':er the coverage afforded by the policies listed thereon. A ACORD- CERTIFICF'' -.OF LIABILITY INSUF' NCECSR D1 DATE (MMIDD YY) . UN00002 03/21/00 PRODUCER THIS CERTIFICATE la f36UED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Insurance Brokers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 725 S. Figueroa St., 35th Fl. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles CA 90017 COMPANIES AFFORDING COVERAGE Fred M. Toland COMPANY Phone No 213-689-0065 Fax No 213-689-0550 A Zurich American Insurance Co INSURED COMPANY B Union Oil Company of Calif COMPANY dba Unocal Corp. C 376 South Valencia Ave. Brea CA 92823-6356 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR I POLICY EFFECTIVE DATE (MM/OD/YY) POLICY EXPIRATION DATE (MMIDD" LIMITS GENERAL LIABILITY I GENERAL AGGREGATE $ 1,000,000 A X COMMERCIALGENERAL LIABILITY GLC2245745-01 03/31/00 03/31/01 PRODUCTS -COMP/OPAGG $ 1,000,000 PERSONAL 8 ADV INJURY I $ 1,000,000 CLAIMS MADE , X I OCCUR r I OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ N/A MED EXP (Any one person) $ N/A AUTOMOBILE LIABILITY A XI ANY AUTO BAP2245746-01 03/31/00 03/31/01 COMBINED SINGLE LIMIT $1,000,000 ALL OWNED AUTOS I SCHEDULED AUTOS BODILY INJURY(Per person) $ HIRED AUTOS NON-OWNED AUTOS i BCOILY INJURY $ (Per accident) I PROPERTY DAMAGE $ 1 I GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I $ ANY AUTO OTHER T HAN AUTO ONLY: EACH ACCIDENT $ I--. AGGREGATE $ EXCESS LIABILITY I EACH OCCURRENCE $ (UMBRELLA FORM AGGREGATE IS OTHER THAN UMBRELLA FORM I $ WORKERS COMPENSATION AND WC STATU- 0TH-' 1 EMPLOYERS' LIABILITY TORY LIMITS ER EL EACH ACCIDENT $ THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL EL DISEASE - POLICY LIMIT S OFFICERS ARE: EXCL I EL DISEASE - EA EMPLOYEE I $ OTHER RECEIVFp 7 DESCRIPTION OF OPERATIONS/LOCATIONSNE4ICLES/SPECIAL ITEMS UU Franchise ordinance #1038 adopted April 16, 1985. MAN Z 11W SLO C. ;ASK CERTIFICATE HOLDER CANCELLATION SANLUNO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN LUIS OBI S PO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Office of City Clerk 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, .990 Palm Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Luis Obispo CA 93406-0321 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTH IZ RRF$ENTATIVE `4j/lNq'..'� ACORD CORPORATION 1988 Tosco Refining Company P.O. Box 2626 Sante Fe Springs, CA 90870.0628 ' Telephone: 0 Facsimile: 562-908-7566 1rosco April 17, 1998 City of San Luis Obispo 990 Palm Street P. 0. Box 8100 San Luis Obispo, CA 93403 Attn: City Clerk Gentlemen: 57783 Reference is made to the provisions of Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, which requires that Grantee shall, prior to April 1 of each year, file with the City Clerk a report verified by Grantee's oath describing in detail any additions or deletions of pipelines installed and maintained under this franchise. Tosco Corporation hereby reports that no pipelines were added or abandoned during the preceding franchise payment period April 1, 1997 to March 31, 1998, and that such pipeline lengths, as reported last year, continue in effect for the next franchise period April 1, 1997 to March 31, 1998. mh Yours truly, Tosco Refining'Company M. D. Hebert, Coordinator Right of Way, Administration F ED 003 LF1D"z ACORD. CERTIFICA" - OF LIABILITY INSu - NCRosi DATE Ei2i PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Insurance Brokers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 725 S. Figueroa St., 35th Fl. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles CA 90017 COMPANIES AFFORDING COVERAGE COMPANY Phone No. 213-689-0065 Fax No. 213- 6 89-0550 A National Union Fxa INSURED COMPANY B Union Oil Company of Calif I COMPANY MAR 3 0 1998 dba Unocal Corp. C 2929 B. Imperial Hmy Rm2120.06 COMPANY SLOTTM-C-LERK Brea CA 92821 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTffICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Co LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDOIYY) POLICY EXPIRATION DATE (MMIDDIYY) UNITS GENERAL LIABILITY I GENERAL AGGREGATE .S 1.000,000 A ! R'COMMERCIAL GENERAL LIABILITY RM(3L1135859 03/31/98 03/31/99 PRODUCTS-COMP/OPAGG S 1,000,000 CLAIMS MADE x OCCUR ❑ PERSONAL B ADV INJURY Is 1,000.000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 F-1, FIRE DAMAGE (Any ane foe) $ N/A I MED EXP (Arty ane pw=) Is N/A AUTOMOBILE LIABILITY A ANY AUTO RMGL1135859 03/31/98 03/31/99 COMBINED SINGLE LIMIT S 1,000,000 x ALL OWNED AUTOS BODILY INJURY s x SCHEDULED ALTOS (Per Person) X HIRED AUTOS ! BODILY INJURY $ X NON -OWNED ALTOS (Per eerJtlent) PROPERTY DAMAGE S GARAGE LIABILITY I AUTO ONLY - EA ACCIDENT I s ANY AUTO i OTHER THAN ALTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCEBB LIABILITY EACH OCCURRENCE Is UMBRELLA FORM AGGREGATE s OTHER THAN UMBRELLA FORM s WORKERS COMPENSATION AND �ATU- OTH- TORYLIM ER EMPLOYERS• UABIUTY EL EACH ACCIDENT S THE PROPRIETOR/ INCL PARTNERSIEXECUTNE EL DISEASE -POLICY LIMB S EL DISEASE .;:A EMPLOYEE S OFFICERS ARE: EXCL OTHER i i -T I DESCRIPTION OF OPERATIONSILOCATIONSMEtBCLESISPECULL ITEMS Franchise ordinance #1038 adopted April 16, 1985. CERTIFICATE HOLDER CANCELLATION SANLDNO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF SAN LUIS OBISPO Attn: Office Of City Clerk 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 990 Palm Street BUT FAILURE TO MAIL SUCH NOTICE IMPOSE NO OBLIGATION OR I'ABILTY San Luis Obispo CA 93406-0321 of 0UPON THE ,TS G OR REPRESENTATIVES. AUTHORIZE REPRES , ACORD 25-S (1195) ®AC RD CORPORATION 1988 MARCH 26, 1998 RE: UNION OIL COMPANY OF CALIFORNIA dba UNOCAL CORPORATION DEAR CERTIFICATE HOLDER: ENCLOSED IS A CERTIFICATE OF INSURANCE ISSUED ON BEHALF OF UNOCAL CORPORATION. IF YOU NO LONGER REQUIRE PROOF OF INSURANCE FOR UNOCAL OR IF THE CERTIFICATE REQUIRES ANY CORRECTIONS, PLEASE WRITE "PLEASE DELETE" ON CERTIFICATE OR INDICATE WHAT CORRECTIONS SHOULD BE MADE AND RETURN CERTIFICATE TO MY ATTENTION. YOU MAY ALSO CALL OR FAX US REGARDING ANY CHANGES. LOCKTON INSURANCE BROKERS, INC. ATTN: LISA BULLOCK 725 SOUTH FIGUEROA STREET, 35TH FLOOR LOS ANGELES, CA 90017 213/689-0542 DIRECT LINE 213/689-0550 FAX THANK YOU. AGORv CERTIFIC OF LIABILITY INSU' 1NC�R Dl DATE(MUMONY) 00002 03/26/98 . PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Insurance Brokers, Inc HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 725 S. Figueroa St., 35th Fl. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles CA 90017 COMPANIES AFFORDING COVERAGE _ COMPANY ... Phone No. 213-689-0065 Fw No.213-68 -0550 A National IIaio INSURED . COMPANY .. ...._ _ . .. Union Oil Company- of -Calif -._ .. ;- COMPANY . dba Unocal Corp. C 2929 E. Imperial Nwy Rm2120.06 Brea CA 92821 COMPANY D COVERAGES _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMTTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER �MIDDIYYY)) POLICY EXPIRATIO LIMITS MPOLICY DATE DATE (MMIDO1YY)N GENERAL LIABILITY I GENERAL AGGREGATE $ 11000,000 A S COMMERCIAL GENERAL LABILITY RMG'L1135859 I 03/31/98 03/31/99 PRODUCTS -COMPIOPAGG $ 1,000,000 CLAIMS MADE ® OCCUR PERSONAL B ADV INJURY $ 1,000,000 EACH OCCURRENCE Is 1,000.000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Arty ane Tse) I $ N/A MED EXP (Arty one Person) is N/A AUTOMOBILE LIABILITY I .. . A ANY AUTO RMGL1135859 03/31/98 03/31/99 COMBINED SINGLE LIMIT $ 1,000,000 _ R ALL OWNED AUTOS'BODILY -.. n ;.. ... INJURY $ SCHEDULED AUTOS .. .. .. ...: `:... :.. ... :..:. (Per Person) . - S $ HIRED AUTOS I- BODILY INJURY .' $ $ NON-OWNED AUTOS - (Per=dders) . PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT 13 ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT I S AGGREGATE Is EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WCSTATU- OTH-I.. .._. _.... _._ _-. EMPLOYERS LL4BILJTYTQ EL EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERSIEXECUTIVE R EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE 13 OFFICERS ARE EXCL I I OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS RB: Partial assi nt of Fraaqhie¢ Ordinance Number 1038 adopted April 16, 1985. overs crude oil pi lines in Higuera Street, Elks Lane and Pismo Street, City of San Luis Obispo. CERTIFICATE HOLDER CANCELLATION SANLDNO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WALL ENDEAVOR TO MAIL CITY OF SAN LUIS OBISPO 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Office of City Clerk 990 Palm Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Luis Obispo CA 93406-0321 OF ANY KIND UPON THE COMPANY, ITS 00,ENTS OR REPRESENTATIVES. AUTHORIZED REPRESENajL0.Q=ACORDCOA0oRA-hOi4ii66- ACORD 26S (1/95) MARCH 26, 1998 RE: UNION OIL COMPANY OF CALIFORNIA dba UNOCAL CORPORATION DEAR CERTIFICATE HOLDER: ENCLOSED IS A CERTIFICATE OF INSURANCE ISSUED ON BEHALF OF UNOCAL CORPORATION. IF YOU NO LONGER REQUIRE PROOF OF INSURANCE FOR UNOCAL OR IF THE CERTIFICATE REQUIRES ANY CORRECTIONS, PLEASE WRITE "PLEASE DELETE" ON CERTIFICATE OR INDICATE WHAT CORRECTIONS SHOULD BE MADE AND RETURN CERTIFICATE TO MY ATTENTION. YOU MAY ALSO CALL OR FAX US REGARDING ANY CHANGES. LOCKTON INSURANCE BROKERS, INC. ATTN: LISA BULLOCK 725 SOUTH FIGUEROA STREET, 35TH FLOOR LOS ANGELES, CA 90017 213/689-0542 DIRECT LINE 213/689-0550 FAX THANK YOU. ACORDCERTIFICA' 'OF LIABILITY INSUR. ME CsR Dl DATE(MMlDDIYY) UN00002 03/31/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Insurance Brokers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 725 S. Figueroa St., 35th Fl. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles CA 90017 COMPANIES AFFORDING COVERAGE Phonallo. 213-689-0065 FmNo.213-689-0550 COMPANY A National Union Fire INSURED COMPANY 8 Union Oil Company of Calif dba Unocal Corp. COMPANY C 2929 B. Imperial Hwy Rm2120.08 Brea CA 92821 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE I POLICY NUMBER I POLICY EFFECTIVE DATE (MIVIIDDfYY) POLICY EXPIRATION DATE (MMIDDIVY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 9 11000,000 A X COMMERCIAL GENERAL LIABILITY RMGL1438390 03/31/97 03/31/98 PRODUCTS - COMP/OP AGG $ 1,000,000 CLAIMS MADE ❑$ OCCUR PERSONAL & ADV INJURY 6 11000,000 EACH OCCURRENCE 5 11000,000 OWNER'S & CONTRACTOR'S PROT I FIRE DAMAGE (Any one fire) S N/A MED EXP (Any one person) a N/A A AUTOMOBILE LIABILITY ANY AUTO RMGL1438390 03/31/97 03/31/98 COMBINED SINGLE LIMIT 11000,000 X X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY S (Per Person) X `X I HIRED AUTOS NON-OVJNED"AUTOS BODILY INJURY (Per accident) S PROPERTY DAMAGE 9 GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S OTHER THAN UMBRELLA FORM g ' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR! INCL PARTNERS/EXECUTIVE ' UTI; ' TORY LIYIC STATMITS ER EL EACH ACCIDENT $ EL DISEASE - POLICY LIMIT 9 EL DISEASE - EA EMPLOYEE 4 OFFICERS ARE: EXCL OTHER APH 16 I -. ER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESISPECIAL ITEMS SAV , R8: Partial assignment of Franchise 6rdGi&nCce-Number 1038 adopted April 16, 1985. Covers crude oil pi lines in Higuera Street, Elks Lane and Pismo Street, City of San Luis Obispo. CERTIFICATE HOLDER CANCELLATION SANLUNO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF SAN LUIS OBISPO 0II: Office of City Clerk 99 990 Palm Street 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Luis Obispo CA 93406-0321 OF ANY KIND UPON TJFMPANY, ITS AG OR REP1QNTATFVES. AUTHORIZED IV REPRESENTAT ACORD 25-S (1195) mACORD COR TION 1988 441 �- ACORD� CERTIFfCA _' OF LIABILITY INSUR ICE CSR Dl DATEIMMMD/YYl ,r UN00002 03/31/97 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Insurance Brokers, Inc HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 725 S. Figueroa St., 35th Fl. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Los Angeles CA 90017 COMPANIES AFFORDING COVERAGE COMPANY Pnona No. 213-689-0065 FMNo.213-689-0550 A National Union Fire , r- - INSURED COMPANY I ��_ B �1 Union Oil Company of Calif dba Unocal Corp. COMPANY 141 C 2929 E. Imperial Bovy Rm2120.08 Brea CA 92821 COMPANY CITY CLERK D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR( TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM/DD/YY) POLICY EXPIRATION DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ 11000,000 A X COMMERCIAL GENERAL LIABILITY RMM1438390 03/31/97 03/31/98 PRODUCTS - COMP/OP AGG $ 1,000,000 CLAIMS MADE ®OCCUR PERSONAL &ADV INJURY $ 11000,000 EACH OCCURRENCE $ 11000,000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one tiro) $ N/A MED EXP (Any one person) I $ N/A AUTOMOBILE LIABILITY A ANY AUTO RMGL1438390 03/31/97 03/31/98 COMBINED SINGLE LIMIT $ 11000,000 X X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X N HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Par accident) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM ' $ WORKER^, COMP:RS;.,IGN AND EMPLOYERS' LIABILITY WC V L AT5 DE H - EL EACH ACCIDENT I $ THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL EL DISEASE - POLICY LIMIT $ EL DISEASE - EA EMPLOYEE $ OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES/SPECIAL ITEMS Franchise ordinance #1038 adopted April 16, 1985. CERTIFICATE HOLDER CANCELLATION SANLUNO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL CITY OF SAN LUIS OBISPO Attn : Office of City Clerk 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 990 Palm Street BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY San Luis Obispo CA 93406-0321 OF ANY KIND U COMPANY, 55TeWSO RESENTATIVES. AUTHORIZED REPRESEaky--�OACORDCO ACORD 25-5 (1195) ORATION 1988 Real Estate Sales & Development Gentlemen: Uncal Corporation Diversified Businesses 376 South Valencia Avenut Brea, California 92821 Telephone (714) 577-1476 57783 UNOCAL December 19, 1996 City of San Luis Obispo 990 Palm Street P. 0. Box 8100 San Luis Obispo, CA 93403 Attn: City Clerk Reference is made to the provisions of Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, granting a franchise to Union Oil Company of California dba Unocal, which requires that Grantee shall, prior to April 1 of each year, file with the City Clerk a report verified by Grantee's oath describing in detail any additions or deletions of pipelines installed and maintained under this franchise. Union Oil Company of California hereby reports that no pipelines were added or abandoned during the preceding franchise payment period April 1, 1996 to March 31, 1997, and that such pipeline lengths, as reported last year, continue in effect for the next franchise period April 1, 1996 to March 31, 1997. RKJ:ERJ:mh Yours truly, UNION OIL COMPANY OF CALIFORNIA dba UNOCAL r By R. K. Je 'son, General Manager Real Est to Sales & Development ULU 3 0 199 + CITY CLERK SAN LUIS OBISPO, CA Ac11i:ll. CERTIFICA-, OF INSURANCE i; g .: PRODUCER THIS CERTIFICATE IS ISWE9 AS.A.MATTER OF INFORMATION LOCKT'ON INSURANCE BROKERS INC. ONLY AND CONFERS N(Y-NIC� T$$��„-.Up91�;THE CERTIFICATE HOLDER. THIS CERTIFICj �1 pQEg! NC�i AMEND,;:EXTEND OR 655 S. HOPE_ STREET ALTER THE COVERAGE ORDER THE -POLICIES BELOW. LOS ANGELES CA 90017C)MPANIES .`� OR��NffiG COVERAGE COMPANY 1 �d •' 17rn . 3 996 213-689--0065 A NATPL UNION LIRE INS, CO, INSURED COMPANY ('.ITVrF t • UNION OIL CO. OF CALIFORNIA B IBA UNOCAL - - ROOM 2120,08 COMPANY C 2929 E. IMPERIAL HWY BREI, CALIFORNIA 92621 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS LIABILITY LIABTY GENERAL AGGREGATE IS 1000OZ50 A IX COMMERCIAL GENERAL LIABILITY IRMGL 0012167 53 3/31/96 3/31/97 PRODUCTS-COMP/OPAGG j $ 1000000 CLAIMS MADE IX OCCUR PERSONAL & ADV INJURY $ 1(500000 I OWNER'S & CONT PROT EACH OCCURRENCE $ 1 000000 `i FIRE DAMAGE (Any one tire) S MED EXP (Any one person) $ AUTOMOBILE LIABILITY A ANY AUTO IRMGL 00121.615,3 3/31/96 '3/,31/97 :COMBINED SINGLE LIMIT $ 1000000 X ALL OWNED AUTOS x_ J SCHEDULED AUTOS I BODILY INJURY (Per person) $ fX HIRED AUTOS IX_l NON -OWNED AUTOS I- BODILY INJURY $ (Per accident) I PROPERTY DAMAGE S GARAGE LIABILITY ! AUTO ONLY - EA ACCIDENT $ ANY AUTO_ OTHER THAN AUTO ONLY: EACH ACCIDENT $ __ AGGREGATEI$ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM _ AGGREGATE I OTHER THAN UMBRELLA FORM 7$ WORKERS COMPENSATION ANDI EMPLOYERS' LIABILITY _ STATUTORY LIMITS - EACH ACCIDENT $ INCL THE PROPRIETOR! APR �. 1996 PARTNERSIEXECUTIVE - IIS i7 _ DISEASE - POLICY LIMIT 1 $ _ , -�_ OFFICERS ARE: EXCI DISEASE - EACH EMPLOYEE $ OTHER I C"y CLERK SAN LUIS OBISPO, CA I j DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECULL ITEMS REI PARTIAL ASSIGNMENT' OF FRANCHISE ORDINANCE NUMBER 1038 ADOPTED APRIL 16P 1985, COVERS CRUDE OIL PIPELINES IN rHIGUERA ST.P ELKS LANE ANII PISM0 S'T. P CITY OF SAN LUIS OBISPO CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OI" SAP! LUIS OBISPO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 990 PALM STREET DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SAN LUIS OBI. SP O P CA 93406 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPAN Y, ITS AGENTS OR REPRESENTATIVES. A HOgIZED REPgES VE ATTNI' OFFICE OF CITY CLERK 000229000 A ORD 25-S (3/93) 0 ACORD CORPORATION 1993 F-1 DATE (MM/DD/YY) AMII:IL CERT_ IFICA OF INSURANCE 3/21/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION LOCKTON INSURANCE: BROKERS INC. ONLY AND CONFERS N WHTS UPON THE CERTIFICATE 65`; S. HOPE STREETHOLDER. THIS CERTIFICAT O T' J; FEND -OR ALTER THE COVERAGE AF, D E OLICI BELOW. LOS ANGELES CA 90017 COMPANIES RDING COT/EFibGE 213-689-0065 COMPANY i ■r 3 M A NAT'L_ UNION rI�{ilML, INSURED._ -1tlIF; '— – – --}N COMPANY i I� UNION OIL CO. OF CALIFORNIA B URA UNOCAL ROOM 2120.08 COMPANY C -' 2929 E. IMPERIAL HWY BRE'v1 CALIFORNIA 92621 COMPANY D COVERAGES _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE. AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COIPOLICY LTA TYPE OF INSURANCE POLICY NUMBER I EFF POLICY EXPIRATION DATE (MM/DD/YY)D/YY) DATE (MM/DD/YY) LIMBS iGENERAL LIABILITY � I GENERAL AGGREGATE $ A y]COMMERCIAL GENERAL LIABILITY _ RMGL 001216153 _ 3/31/96 3/31/97 j PRODUCTS-COMPIOP AGG S CLAIMS MADE x OCCUR PERSONAL & ADV INJURY $ 1� OWNER'S & CONT PROT EACH OCCURRENCE aoF _$_ FIRE DAMAGE (Any one lire) $ j MED EXP (Any one person) $ AUTOMOBILE LIABILITY A ANY AUTO y�'I " ALL OWNED AUTOS �iXSCHEDULED AUTOS 'RMGL 001216 753 3/31/96 3/31/97 COMBINED SINGLE LIMIT $ 1000000 BODILY INJURY (Per person) $ yX '��._ HIRED AUTOS illi NON -OWNED AUTOS -1 BODILY INJURY � $ (Peraccident) i - PROPERTY DAMAGE $ j GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATEI $ EXCESS LIABILITY LEACH OCCURRENCE 5 UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND STATUTORY L]MtTS IIF EMPLOYERS' LULBILIP! EACH ACCIDENT ' 1 $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE ! DISEASE -POLICY LIMIT- $ OFFICERS ARE: 7 1 EXCLI DISEASE - EACH EMPLOYEE' $ OTHER I DESCRIPTION OF OPERATIONSILOCAMONS(VEHICLES/SPECIAL ITEMS FRANCHISE ORDINANCE: NO. 1038 ADOPTED APRIL. 16, 1985 CERTIFICATE.HOLDER N CANCELLATIO - - - - - - - O.._. - ---- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CT rY OF SAN LUIS OBI SPO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 990 PALM STREET DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SAN LUIS OPISPO, CA 93406-0321 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATTN.' OFFICE OF CITY CLERK OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES AVEtj[ORftED REPRESS TIVE 000229000 2"r0 ACORD 25-S (3/93) ACORD CORPORATION 1993 Real Estate Sales & Development Gentlemen: Unocal Corporation Diversified Businesses 376 South Valencia Avenu: Brea, California 92621 Telephone (714) 577-1476 UNOCAL April 1, 1996 City of San Luis 990 Palm Street P. O. Box 8100 San Luis .Obispo, Attn: City Clerk Obispo CA 93403 57783 Reference is made to the provisions of Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, granting a franchise to Union Oil Company of California dba Unocal, which requires that Grantee shall, prior to April 1 of each year, file with the City Clerk a report verified by Grantee's oath describing in detail any additions or deletions of pipelines installed and maintained under this franchise. Union Oil Company of California hereby reports that no pipelines were added or abandoned during the preceding franchise payment period April 11 1995 to March 31, 1996, and that such pipeline lengths, as reported last year, continue in effect for the next franchise period April 1, 1995 to March 31, 1996. Yours truly, UNION OIL COMPANY OF CALIFORNIA dba UNOCAL / By l R. K. emison, General Manager Real tate Sales & Development MU: ERJ : mh �• /�(, �eG��.uSKEy APR ; 199 CITY CLERK SAN LUIS OBISPO, CA §11 ��a uan.Krri city of sAn lois oBispo 990 Palm Street, San Luis Obispo,. CA 93401-3249 January 9, 1996 Roger Wilcox Principal Wilcox Associates 23881 Via Fabricante, Suite 507 Mission Viejo, CA 92691 Re: City of San Luis Obispo Franchise Ordinance No. 1038 Dear Mr. Wilcox: RECRIVEO JAN 9 1996 efTY GUM SAN LUIS ClAI9P0, CA Thank you for your letter of December 15, 1995 concerning the potential assignment of the Union Oil Company Franchise to Torch Operating Company. I apologize for the delay in response. As you noted in your letter, Section 4-9 of the existing franchise provides in part:. "Grantee shall not transfer or assign this franchise, or any of the rights or privileges granted therein, except upon consent of Council. Upon demonstration by proposed assignee of ability to operate consistent with the terms of this Ordinance such consent shall not be withheld without cause. Any transfer or assignment shall be made only by a duly executed• instrument in writing filed in the office of the City Clerk. No consent shall be effective until the proposed assignee files with the City Clerk an approved bond of the type and in the amount required by the franchise and assignee meets all the requirements which would be imposed on Grantee of a new franchise." (Emphasis added.) The requirements for the granting of a new franchise are set forth in Article X of the City Charter. ' A copy is attached for your information. Since no procedural ordinance has been adopted by the City Council, the Charter is the controlling authority and procedure for the granting of franchises. I The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781-7410. Roger Wilcox January 9, 1996 Page Two One of the issues which would undoubtedly arise as a result of a proposed assignment of the franchise would be whether Torch Operating Company has sufficient financial capacity, and the committment, to address hazardous waste generated by Unocal within the City. I believe the Charter information should give you a good general overview of the procedural requirements. If you have additional questions concerning specific implementation, please feel free to contact me at your convenience. Sincer y, G o ensen Aey JGJ/sw attach. cc: John Dunn Mike McCluskey Rim Condon ARTICLE X. LICENSES AND FRANCHISES SECTION 1001. Granting of Franchises. The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage, or any other public utility of public service, and to use the public streets, ways, alleys, and other places, as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment necessary or convenient for traversing any portion of the City for the transmitting or conveying of any service elsewhere. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject to provisions of this Charter. IP] SECTION 1002. Resolution of Intention, Notice, and Public Hearing. Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen (15) days of the passage thereof in a newspaper in the City of San Luis Obispo. The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution. At the time set for the hearing, the City Council shall proceed to hear and pass upon all protests, and its decision thereon shall be final and conclusive. Thereafter, it may grant or deny the franchise, subject to the right of referendum of the people. SECTION 1003. Term of Franchise. Every franchise shall state the term for which it is granted, which, unless it be indeterminate as :provided for herein, shall not exceed thirty-five (35) years. No franchise may be renewed until three (3) years before its term expires. A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same, with the consent of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situated within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for non-compliance with its terms by the possessor thereof. SECTION 1004. Grant to be in Lieu of All Other Franchises. Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises, rights, or privileges owned by the grantee, or by any successor of the grantee to any rights under such franchise, for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any franchise hereunder shall operate as an abandonment of all such franchises, rights, and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the ordinance granting the franchise and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate 17 with, additional territory, any and all franchises, rights, and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. SECTION 1005: Eminent Domain. No franchise grant shall in any way or to any extent impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein'contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in a manner to be prescribed in the grant, or in the procedural ordinance hereinabove mentioned. In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), goodwill, going concern, earning power, increased cost of reproduction, severance damage, or increased value of right of way. SECTION 1006. Duties of Grantee By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance, and shall further agree to: (A) Comply with all lawful ordinances, rules, and regulations theretofore or thereafter adopted by the City Council in the exercise of its police power, governing the construction, maintenance, and operation of its plants, works, or equipment; (B) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise; (C) Pay to the owner on demand the cost of all repairs to private property made necessary by any of the operations of the grantee under such franchise; (D) Indemnify and hold harmless the City and its officials from any and all liability for damages proximately resulting from any operations under such franchise; (E) Remove and relocate without expense to the City and facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct; and (F) Pay to the City during the life of the franchise, a percentage, to be specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. The City Administrative Officer shall be responsible for the enforcement of all provisions of the grant. SECTION 1007. Violations. The exercise by any person, firm or corporation of any privilege for which a franchise is required, without procuring such franchise, shall be a misdemeanor, and each day that such condition continues to exist shall constitute a separate violation. 18 WYCOX Associates / G LeSei l December 15, 1995 City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Subject: City of San Luis Obispo Franchise Ordinance No. 1038 Gentlemen: Torch Operating Company is currently in negotiations with Union Oil Company to purchase operating oil fields in the Southern California area. As consultants to Torch Operating Company, we are researching Franchises currently operated by Union Oil Company that will be assumed by Torch with the transfer of ownership of the properties. Ordinance Number 1038 was granted to Union Oil Company by the City of San Luis Obispo on April 2, 1985. The Ordinance has a duration of 25 years. Under Section 4-9, the following statement is made regarding a potential transfer to another operator: "Grantee shall not transfer or assign this franchise, or the rights or privileges granted therein, except upon the consent of Council. Upon demonstrantion by proposed assignee of ability to operate consistent with the terms of this Ordinance such consent shall not be withheld without cause. Any transfer or assignment shall be made only by a duly executed instrument in writing filed in the office of the City Clerk. No consent shall be effective until the proposed assignee files with the City Clerk an approved bond of the type and in the amount required by the franchise and assignee meets all the requirements which would be imposed on Grantee of a new franchise.." This letter is not to serve as a formal request, but to request confirmation of the procedure that will be required for the transfer to take. place. Please feel free to contact us at (714)586-5511 with any questions or comments. We would like to have a response in writing so that we can transfer the information to Torch Operating Company and Union Oil Company as appropriate. Our ultimate goal is to make the transfer as easy as possible. Sincerely, Wilco ssociates o r Principal cc: Sue Ann Craddock John Ullom DEC 2 1 1995 f"v CLEW kn LUIS Ci(315PU. C,:, 23881 Via Fabrisante Suite 507 Mission Viejo, CA 92691 (714)586-5511 Fax. (714)951-0658 Unocal Real Estate D"n Unocal Corporation 1201 West 5th Street, P.O. Box 7600 Los Angeles, California 90051 U N O CA` 76 57783 April 11, 1995 City of San Luis Obispo 990 Palm Street P.O. Box 8100 San Luis Obispo, CA 93403 Attn.: City Clerk Gentlemen: Reference is made to the provisions of Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, granting a franchise to Union Oil Company of California dba Unocal, which requires that Grantee shall, prior to April 1 of each year, file with the City Clerk a report verified by Grantee's oath describing in detail any additions or deletions of pipelines installed and maintained under this franchise. Union Oil Company of California hereby reports that no pipelines were added or abandoned during the preceding franchise payment period April 1, 1994 to March 31, 1995, and that such pipeline lengths, as reported last year, continue in effect for the next franchise period April 1, 1995 to March 31, 1996. RKJ:ERJ:mh Yours truly, UNION OIL COMPANY OF CALIFORNIA dba UNOCAL By #41 - R. K. Jemi n, General Manager Real Estate Sales & Development RFCFIV D APR 1 7 1995 CIN CLERK SAM 11110 /1ft ;nn r o /45 . illwhO D. CERTIFICA_ lw. OF INSURANCE DATE(MMIDDIM C PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF WiN OLAND INTERNATIONAL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 655 South Hope Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LOS Ange Les, CA 90017 COMPANIES AFFORDING COVERAGE COMPANY 213-689-4065 A NATtL UN.I.0N-FIRE._TH.S..-GO. COMPANY INSURED UNION OIL CO. OF CALIFORNIA B DBA/UNOCAL CORP. COMPANY P. 0. BOX 7600 C LOS ANGELES, CALIFORNIA 90051 COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF F SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ T 7ypE OF INSURANCE POLICY NUMBER DATE (MNUDD/YY) POLICY LTR : POLICY DATE (MM/DD/Y) LIMITS GENERAL LIABILITY i GENERAL AGGREGATE $-1-00004*} COMMERCIAL GENERAL LIABILITYRMGL 401211495 13/31/95 3/31/96 _PRODUCTS -COMP/OP AGG ;S 1-000000- 1 CLAIMS MADEX I I OCCUR PERSONAL ADV j 8 INJURY § OWNER'S 8 CONT PROT EACH OCCURRENCE $ - -00-00 FIRE DAMAGE (Any one fire) $ _ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO RMCA 001350644 3/31/95 3/31/96 L. X� ALL OWNED AUTOS BODILY INJURY $ X I SCHEDULED AUTOS (Per person) X� HIRED AUTOS BODILY INJURY X I NON-OWNEDALITOS (Per accitlent) $ I PROPERTY DAMAGES GARAGE LIABILITY AUTO ONLY, EA ACCIDENT $ I ANY AUTO OTHER THAN AUTO ONLY: f _ EACH ACCIDENT I _S AGGREGATEI$ . EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM--- AGGREGATE _ 1$ -.- - i I OTHER THAN UMBRELLA FORM -.. . Is I WORKERS COMPENSATION AND STATUTORY LIMITS !EMPLOYERS' LIABILITY EACH ACCIDENT Is THE PROPRIETOR/ INCL i PARTNERS/EXECUTIVE 1 DISEASE POLICY LIMIT S - OFFICERS ARE: EXCL; DISEASE - EACH EMPLOYEE IS OTHER : I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLESISPECIAL ITEMS FRANCHISE ORDINANCE N0. 1038 ADOPTED APRIL 16, 1985 CERTIFICATE HOLDER g - CANCELLATION MAR 2 7 14 5 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN LUIS OBISPO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 990 PALM STREET j, CITY�GL'ERK `SAN LUIS OBISPO CA , /}�12ty"�L C,�, 4%( �I /�� O MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY BUT 770711N. ATTN: OFFICE OF CITY CLERK OF Y KIN ,UPON THE CCIOPANY, ITS 4ONTS OR REPRESENTATIVES. AUTHORI DREP NTATWE cam, ACORD 25-S (3/93) B'2A444229404 � ©ACOR CORPORATION 1993 JAS ":S�t` �: 4:4.4 •: t4•x :4• :4:.%t^•4.4.4•.} .::G.4,,.>.; 4 :r.a>;J°::J',�J°: •4:4:5.'>.ox�t 6WYl DATE YY/OO/ ( YY) �� 3/24/94 .n.. THIN 1 1 CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OLAND INTERNATIONAL DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 655 South Hope Street POLICIES BELOW. COMPANIES AFFORDING COVERAGE Los Angeles, CA 90017 213-689-0065 �T�NY A NATIONAL UNION FIRE INS. CO. COMPANY I-5 ;fes, LETTER B 7 FE c M��, 11 v F� 1i_.i.) UNOCAL CALIFORNIA PIPELINE CO. ANY C 911 WILSHIRE BLVD. TERt'A 1994 .A.Q COMTPERNv D SUITE 1400—A LOS ANGELES 9!434 G69PIK CA 90017 CO ERNv E . .....n.. .n.:: .., .: .::: .4vn>e.: n.. .:::: '.:�."nQv`Q•4/.vtV .,b.. ..::.t`..: n.A.v::::.vy::n :. ,mA.4Q ....:,. f. C'.w"�m�n�.vm.�Sn�::nw:S:3::'wJ�Y`.'v':4:U"}„ww}J•: �r•:4}}}'::4i}ti't `ri::4h'li:Cf:.;J�R!{w,: ••��Oiye:rv.�J �J.V THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUDEEMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. LY YS L TVPEOP INSURANCE POLICY NYMBOI POLICYEFFECTIVE POLOYEVIRA LIM= DATE(MM/OO/VY) DATE(MM/OD/YY) DENOML UABLm GENERAL AGGREGATE % A X COMMERCIAL GENERAL LIABILITY RMGL 3197098 3/31/94 3/31/95 PRODUCTS-COMP/OP AGO. : 1000000 CLAIMS MADE F OCCUR. PERSONAL 8 ADV. INJURY = EACH OCCURRENCE S 1000000 OWNER'S 8 CONTRACTOR'S PROT. FIRE DAMAGE (Any one lire) _ MED. EXPENSE [Any one persom= AUTOMOBILE LIABILITY COMBINED SINGLE A ANY AUTO RMGL 3197098 3/31/94 3/31/95 LIMIT 1000000 X BODILY INJURY : ALL OWNED AUTOS X SCHEDULED AUTOS (Per Person X BODILY INJURY HIRED AUTOS X NON -OWNED AUTOS (Per aecidenU GARAGE LIABILITY PROPERTY DAMAGE $ E:DEaWLIABILnv EACH OCCURRENCE _ AGGREGATE _ UMBRELLA FORM ..................................... OTHER THAN UMBRELLA FORM YVWD231's COMPENSATION STATUTORY LIMITS . EACH ACCIDENT $ AND DISEASE -POLICY LIMIT EMRAYBES'LIABILR'Y DISEASE-EACH EMPLOYEE :1 oTxell DQORPTION C/ OPFF rXIMOLOCATIOl61YQEDI.IMMMIAL ITEMS RE: PARTIAL ASSIGNMENT OF FRANCHISE ORDINANCE NUMBER 1036 ADOPTED APRIL 16, 1985. COVERS CRUDE OIL PIPELINES IN HIGUERA ST., ELKS LANE AND PISMO ST. CITY OF SAN LUIS OBISPO n.. ..:::;;:::>}:v}:s}:4:� t }::::::::.i W..4}k,<„r,vUv..n :. ....., ,.w................... tf,t........3; %< SHOULD ANY OF THE ABOVEDESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRIT TENNOTICE TO THECERTIFICATE HOLDER NAMEOTO THE CITY OF SAN LU 1 S OB I SPO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL MPOSE NO OBLIGATION OR 990 PALM STREET LIABILITY OFANY KIND UPON THE COMPANY, ITS AGENTSORREPRESENTATIVES. SAN LUIS OBISPO, CA 93406 }<�> 000229000 ATTN: OFFICE OF CITY CLERK ^ten x•:!�....... v :.:: n .......... ......::.:nry:::..: }n.n..... ...... v.... n.......v.. F.... ...:::::}': .'f . .vit:�� ,ixi: ... .. .....Y.xf�.n.4.......... n.........\ ....:::::...... ..... . yc..... hJ. n..........::.: .:. : .:.. .. J:.. ..:n•: LI CERTIFICAk " OF INSURANCE ISSUE DATE (MM/DD/YY) 3/23/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE GLAND INTERNATIONAL NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESDOES BEW. O 655 South Hope Street Los Angeles, CA 90017 COMPANIES AFFORDING COVERAGE 213-689-0065 COMPANY A LETTER NAT'L UNION FIRE INS. CO. _—...__--_—_....—.....—_._.._—.._..__.—.___..._..._...� INSURED I I COMPANY LETTER B UNION OIL CO. OF CALIFORNIA DBA: UNOCAL CORPORATION j COMPANY LETTER C P.O. Box 7600 LOS ANGELES, COMPA TTERNY D LETTER CA 90051COMPAN clTrcl_EaK__. E LETTER .... - COVERAGES _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED, TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO • ! (POLICY LTR' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE EXPIRATION DATE (MM/DDIYY) DATE (MM/DD/YY) j LIMITS GENERAL LIABILITY I I I GENERAL AGGREGATE $ A X COMMERCIAL GENERALLIABIL4MGL 3197098 —� j 3/31/94 ! 3/31/95 PRODUCTS-COMP/OP AGG. $ 1000000 CLAIMS MADE X ! OCCUR. I : PERSONAL & ADV. INJURY $ OWNER'S & CONTRACTOR'S PROT. ^i I I iEACH OCCURRENCE S 1000000 F •. FIRE DAMAGE (Any one fire) j S -- MED. EXPENSE (Any one person] S AUTOMOBILE LIABILITY A--'ANYAUTO RMGL 3197098 ; COMBINED SINGE 3/31/94 3/31/95 LIMIT ' $ 10000_00 'X^ ALL OWNED AUTOS _ ` BODILY INJURY S .'X SCHEDULED AUTOS X ;HIRED AUTOS (Por person) BODILY INJURY NON -OWNED AUTOS (Per accident) $ GARAGE LIABILITY -----u---- ---------- ! j PROPERTY DAMAGE $ I ' EXCESS LIABILITY EACH OCCURRENCE $ I UMBRELLA FORM i I AGGREGATE $ OTHER THAN UMBRELLA FORM _ __. _......_�. WORKER'S COMPENSATION i STATUTORY LIMITS i AND I I EACH ACCIDENT $_ _-----._.--.----- _ EMPLOYERS' LIABIUTY. DISEASE—POLICY LIMIT + $ DISEASE—EACH EMPLOYEE $ OTHER � I I I DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS FRANCHISE ORDINANCE NO. 1038 ADOPTED APRIL 16, 1985 CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN LUIS O$ISPO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL: 990 PALM STREET DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN LUIS OBISPO, CA 93406-0321 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR ATTN: OFFICE OF CITY CLERK LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ----...—.._._.........._..._.........._._...-.._.__..._—._...__...._...._... AUTHORIZED R RESENTATIVE ......__..._.._ G22..` ACORD 25-S (7/90) -000229000 CACORD CORPORATION 1990 i4 -t) AGORD, CE��6A M i NCE ISSUE DATE (MM/DD/YY _ 3/9-9/93 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OLAND INTERNATIONAL DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 655 South Hope Street Los Ange Les, CA 90017 COMPANIES AFFORDING COVERAGE 213-689-0065 COMPANY LETTER A NAT'L UNION FIRE INS. CO. COMPANY B INSURED LETTER UNOCAL CALIEORNIA PIPELINE CO. COMPANY C- 911 WILSHIRE BLVD. LETTER SUITE 1400-APP11(� " COMPANY a?'R 599113 D IAS ANGELES, CA 90017 _ LETTER COMPANY E CITY CLERK LETTER "'.' `' Cl CQVEfi_AMS THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL -LIABILITY GENERAL AGGREGATE S A _X COMMERCIAL GENERAL LIABILITY RTIC,=L 1759142 - INCL, 3/31/93 3/31/94 PRODUCTS-COMPIOP AGO. NCI— CLAIMS CLAIMS MADE X OCCUR. $ PERSONAL & ADV. INJURY E OWNER'S & CONTRACTOR'S PROT. EACH OCCURRENCE S 100000C FIRE DAMAGE (Any one flre) S MED, EXPENSE (Arty one Raman) $ AUTOMOBILE LIABILITY A ANY AUTO RMGL 1759142 COMBINEDSINGLE 1 00 00 3/31/93 3/31/94 LIMIT a ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Pat Pin) 9 X HIRED AUTOS X NON -OWNED AUTOS BODILY IWURY (Per accident) S GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION _..-. STATUTORY LIMITS AND EACH ACCIDENT $ EMPLOYERS' LIABILITY DISEASE—POLICY LIMIT $ ....... - . DISEASE—EACH EMPLOYEE S OTHER DESCRIPTION OF OPERATIONSILOCATIONSNENICLES/SPECIAL ITEMS RES PARTIAL ASSIGNMENT OF FRANCHISE ORDINANCE NUMBER 1038 ADOPTED APRIL 16, 1985, COVERS CRUIIE OIL PIPELINES IN HIGUERA ST., ELKS LANE AND PISMO ST., CITY OF SAN LUIS OBISPO CERT04CATE-HOLD011 0,A - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN LUIS OBISPO EXPIRAjjyN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 990 PALM STREET MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN LUIS OSISPO, CA 93406 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY NY KIND UPON THE COMPANY, I S AGENTS OR REPRESENTATIVES. ATTNS OFFICE OF CITY CLERK AUTHORI DREPR ENTATIVE 000229000 ACOA$ =4 ®ACORD CORPORATION 1980 Richard K.Jemison President Gentlemen: Unocal Real Estate Division Unocal Corporation 1201 West 5th Street, P. O. Box 7600 Los Angeles, 0alifomia 90051 Telephone (213) 977-7836 UNOCAL76 March 2, 1993 City of San Luis Obispo 990 Palm Street P. 0. Box 8100 San Luis Obispo, CA 93403 Attn: City Clerk 57783 (45 Reference is made to the provisions of Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, granting a franchise to Union Oil Company of California dba Unocal, which requires that Grantee shll, prior to April 1 of each year, file with the City Clerk a report verified by Grantee's oath describing in detail any additions or deletions of pipelines installed and maintained under this franchise. Union oil Company of California hereby reports that no pipelines were added or abandoned during the preceding franchise payment period April 11 1992 to March 31, 1993, and that such pipeline lengths, as reported last year, continue in effect for the next franchise period April 1, 1992 to March 31, 1993. RKJ:ERJ:mh Yours truly, UNION OIL COMPANY OF CALIFORNIA dba UNOCAL jek'y� R. K. Je ison, President Unocal Wal Estate Division MAR _ 4 1993 CITY CLERK SAN LUIS OBISPO, CA July 21, 1992 I city of sAn lois oBispo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 TO: Pam Voges, City Clerk FROM: Jeff Jorgensen, City Attorney RE: Assignment of Pipeline Franchise From Unocal to Unocap Attached for your information and safe keeping are the original documents relating to the partial assignment of pipeline Franchise From Unocal to Unocap as follows: 1. Certificate of Insurance, dated July 13, 1992. 2. Bond number U8003014, dated May 21, 1992. 3. Revised Assignment Agreement, dated February 20, 1992, between Unocal Oil Co. and Unocal California Pipeline Co. 4. Resolution G-2978 from the Public Utilities Commission, dated January 21, 1992. I have reviewed the above documents and they appear acceptable to me, and meet the requirements of the Franchise Agreement (Ordinance No. 1038). I would note that the assignment now includes a 12 inch line in Higuera St., an 8 inch line in Higuera and Elks Lane, and two 8 inch lines in Higuera and Pismo Streets. This differs somewhat from the previous proposed assignment agreement which affected only the 12 inch line in Higuera Street. If you have further questions or comments, please feel free to contact me at your convenience.. JGJ/sw attach. cc: E. R. Jackson John Dunn Wayne Peterson Bill Statler R rt a,. E WED, 1 2 c' L.°� SAN LUIS OBI P A a ADFORIL OLAND INTERNATIONAL 655 South Hope Street Los Angeles, CA 90017 213-689-0065 UNOCAL CALIFORNIA PIPELINE CO 911 WILSHIRE BLVD. SUITE 1400-A LOS ANGELES CA 90017 r CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A LETTER NAT' COMPANY B LETTER 3/31/93 COMPANY Ci LEITER COMPANY D LETTER COMPANY (Per accident) LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENT WITHRESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LMITS SHOWNMAY HAVE BEEN REDUCED BY PAID CLAMS. CO TYPEOF INSURANCE POLIOYNUMBER POLICY EFFECTNE POLICY EXPIRATIONLIMITS L DATE(MM/OD/YY) I DATE(MM/OD/YY) COMMERCIAL GENERAL LIABILITY IPACA 1426469 I 3/31/921 3/31/93 1 PRODUCTS-COMP/OP AGO. 1 7 CLAIMS MADE Fx-� OCCUR. PERSONAL B ADW. INJURY OWNER'S & CONTRACTOR'S PHOT. EACH nrrURRENCF AUTOMOBILE LIABILETY A ANY AUTO RMCA 1428469 X ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY 7 UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKEA'S COMPENSATION AND EMPLOYERS LIABILITY PROPERTY DAMAGE I1 i _i 9 DESCRIPTION OF ORMATICNSELOOATIONSIYEHICLeWSPECIAL C EMS RE: PARTIAL ASSIGNMENT OF FRANCHISE ORDINANCE NUMBER 1038 ADOPTED APRIL 16, 1985. COVERS CRUDE OIL PIPELINES IN HIGUERA ST., Elks Lane and P IShD ST.. CITY OF SAN LUIS OBISPO. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .' EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRIT TENNOTICETOTHECERTIFICATEHOLDERNAMEOTOTHE CITY OF SAN LUIS OBISPO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 990 PALM STREET LIABILITY OF ANY KINDUPONTHE COMPANY,ITS AGENTS OR REPRESENTATIVES. . SAN LUIS OBISPO, CA 93406 aunlORMW REMSENTATIVE 000229000 ATTN-:-Off. I_CE... F ---- CITY ___CLERK FIRE DAMAGE [Any one lire) 1 MED. EXPENSE (Any we person 3/31/92 3/31/93 COMBINED SINGLE 8 LIMIT BODILY INJURY f (Per person) BODILY INJURY t (Per accident) PROPERTY DAMAGE I1 i _i 9 DESCRIPTION OF ORMATICNSELOOATIONSIYEHICLeWSPECIAL C EMS RE: PARTIAL ASSIGNMENT OF FRANCHISE ORDINANCE NUMBER 1038 ADOPTED APRIL 16, 1985. COVERS CRUDE OIL PIPELINES IN HIGUERA ST., Elks Lane and P IShD ST.. CITY OF SAN LUIS OBISPO. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE .' EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRIT TENNOTICETOTHECERTIFICATEHOLDERNAMEOTOTHE CITY OF SAN LUIS OBISPO LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 990 PALM STREET LIABILITY OF ANY KINDUPONTHE COMPANY,ITS AGENTS OR REPRESENTATIVES. . SAN LUIS OBISPO, CA 93406 aunlORMW REMSENTATIVE 000229000 ATTN-:-Off. I_CE... F ---- CITY ___CLERK Bond No. U8003014 Premium: $119.00 UNITED PACIFIC INSURANCE COMPANY Federal Way, Washington KNOW ALL MEN BY THESE PRESENTS, That we, Unocal California Pipeline Company as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a corporation organized under the laws of the State of Washington and authorized to transact the business of surety in the State of California as Surety, are held and firmly bound unto the City of San Luis Obispo, 990 Palm Street, P.O. Box 8100, San Luis Obispo, CA 92403-8100, in the just and full sum of TWENTY FIVE THOUSAND AND CORPORATE ACKNOWLEDGMENT `''h i r•.h sum, well and truly to be -�� _ _ —. NO. M2 Stateof California On this the $ day of June 92 County of Los Angeles SS. 19 —` before me, Bette J. Stewart: the undersi ed Notary public, personally appeared chard K. Jeniison F. M. Nieves { l)i?FCKFUM ICi1AL impersonally known to me A E41 BEM L p proved to me on the basis Of satisfactory evidence ARM OS NOTARY��. to bEt the person(s) who executed the within instrument as Vice Pres. &Secretary MCOM 00°x' 1994 named, and acknowledged to me that the corporation exor on behalf of the ecuted it. therein WITNESS my hand and official seal. Notary's Signature ATTMfr*N NOTARY. Although the infonratlon requested below is OPrrONAL it Could prevent fraudulent attachment of this certificate to another document, THIS CERTIRCATE Title or Type of Document MUST BE ATTACHED TO THE DOCUMENT Number of Pages Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above o NmroNALNOrnarAsOCIAnON.tp ipmr / •..�a:eu=r-:,.�_v. ..ie,_ -v...._ _ _ , .P. O.BOx71a4.can gapark.CA 913p67180 State of California l County of Los Angeles }ss. On this 21st day of Notary Public personal) a Map , in the year 1992 Y ppeared Martha J. C before me a 4� personally known to me (or proved to me on the basis of satisfactory evidence to 4 whose name is subscribed to this instrument as the Att's Of satisfactory act nP United Pacific I be the person " u and acknowledged to me that he United Pacific Insura and his 1harJ�...., _ _ ... OFFICIAL SEAL Lisa L. Hollern NOTARY PUBLIC-�At 1r IN ...� ..au,r ur thereto as UNITET ,?ACIFIC INSURAN' COMPANY wm oFP m P wmL wAyr wmmivaTON POWER OF ATTORNEY IWOw ALL MEN BY THESE PRESENTS. That tM UNITED PACIFIC INSURANCE COMPANY. a cerpontlon duly organized under the laws gift State of Washington, does hereby maks, constitute and appoint MARTHA J. CHASE of LOS ANGELES, CALIFORNIA ---------- b true and lawful Atomey-In-Fact to make, execute. 8001 and deliver for and an Its beW. and as b act and deed ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP -------- and b bind the UNITED PACIFIC INSURANCE COMPANY thereby as fuly and b Ifo Sema extent a 0 such bonds and undertakings and other writings obligatory In the nature thereof wars signed by an Executive Dillow of the UNITED PACIFIC INSURANCE COMPANY and seeled and seated by am other of such officers. and hereby radaa and oonilrrre as that he Wild Aftorn"W-In=Fact may do In pursuance hwa* This Parer of Atromay 4 9 81, under and by authorty of ANols Vit of the By -taws of UNITED PACIFICINSURANCE COMPANY which became effective September 7.197& which provblona are now M full Brea and effect nmding es follows ARTICLE VII — EXECUTION OF BONDS AND UNDERTAIaNGS 1. The Board of Directors to PreeWeM the Chairman of the Board, any Santo► Vice PraldeM any Vico Presidertt a Assts ant Vice Pres dl nil or other officer designated by fro Board of Directors shelf have power and authority to (a) appoint Affoneys-In-Fac and to authorize them to execute � on behalf of the Company. bonds and undertakings. recognisances, contracts of indemnify and other writings oblige" in the nature thereof and (b) 0 remove any such Attorney -In -Fact at any time and revoke the power and suthortty, given b him, 2. AUNI160-In-Fac shall have Power and suterly. sub)ed b to tome and limitations Of the power of attorney issued to from, to execute and deliver ors behalf of the Company. tronds and undertakings, recognizances, contracts of U+Osmnly end other writings obligatory In the n eWre thereof. The corporate seal Is not neeesary for the validity of arty bonds and undertakings, reeognizancies, Contracts of indemnity and other wrMnps obilgatory In the nature therea S Ator eys-in-Fad shall have power end au7haKy to execute emdevbs roQuirod b be ataehed b bonds. racognizanoa, contracts of indem- nity or other cwWltlonal or obligatory undertakhps and they "I also have power and sutihodty to cePoy the financial statement of the Company and tocopies of the Bydews of the Company a any article or section lherect This power of attorney is signed and @aWW by laeslmlle under and by aulhortly of the bitewing Resolution adopted by the Board ofDtredorS of UNITED PACIFIC MURANCE COMPANY at a meeting held on the 51h day of June. 1979. at which a puowm was prosenL and said Resolution hes not been amended or repealed -Resolved, that the signeWros of such directors and ofiCers end fro teal of fro Company may be affixed b any such power of atloney or any Certificate relating tisrsto by facsimile, and arty such power of attomW or Certlacate bear1rq such facsimile signatures or facsimile seal shall be valid and binding upon tie Company and any such power so executed and Certified by facsimile signrnures and facsimile WW Shea be valid and binding upon fro Company in the future with rasped b any bond or undertaking to which It Is aacrod.- IN VAMESS WHEREOF. the UNITED PACIFIC INSURANCE COMPANY has Caused these presents to be slgnsd by its Vice President and as Corporate seaf to be hereto affixed. dhis 18th day d July 1991. sTATEoF Washington COLINTMOF King On this 18th day of UNITED PACIFIC INSURANCE COMPANY/ IPJ o..ar• Vv% Preaiamtt July .19 93.f"rsonalyappearea Lawrence W. Carlstrom to me known to be the Vice -President of to UNITED PACIFIC INSURANCE COM gang instrument and affixed tie seal of said Corporation thereto, and that Article Resolution, set forth therein. are still in full kx fry Commission Expires: May 15 .19 94 4 r�# acknowledged that he executed and attested the I" - N. 2. and S of the Bylaws of said Company and Ins Notary Public in and for Stats of Raiding at Tacoma t Marjorie S. Hansen . Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do heresy Benny to to above and foregoing is a true and correct copy of a. Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is so in fug faros and effect 'N wRNEss w"EREOF. I have hereunto se, my hand end amxed to ss01 of aid Company this 21st day of May t 92 . err, ,wy� � • =s srwl. £ Assistant S tour -ter+ Ea ueo ;.,r���hp` Mar j ie S. Hansen 59025 ASSIGNMENT OF PIPELINE LEASE LICENSES AND RIGHTS-OF-WAY THIS ASSIGNMENT OF PIPELINE LEASES, LICENSES, AND RIGHTS-OF-WAY is made as of February 20, 1992, by and between UNION OIL COMPANY OF CALIFORNIA dba Unocal, a California corporation, (collectively horein "Assignor") and UNOCAL CALIFORNIA PIPELINE COMPANY, a California corpora tion (herein "Assignee").. FOR VALUABLE CONSIDERATION, the parties a;;ree as follows: 1. Assignor hereby assigns all of Assignors' traisferable right, title, and interest in and to the pipeline agreements, leases, subleases, licenses, permits, franchises, assignments, easements, and rights-of-way for those certain pipelines u! ed for transportation of petroleum products being approximately described in Exhibit A attacheI hereto and by this reference made a part -hereof, and delegates to Assignee all of their respective duties thereunder. If requested to do so by Assignee, Assignor will give Assignee an individual assignment for any of these pipeline agreements, leases, subleases, licenses, permits, fraichises, assignments, easements, or rights-of-way where Assignee is required to have such indivii lual assignment. 2. Assignee accepts assignment of the pipeline agreements, leases, subleases, licenses, permits, franchises, assignments, easements, and rights-of-way listed on Exhibit A and assumes and covenants to perform all of Assignors' duties aid obligations thereunder from and after the date hereof, except for those duties and obligations a rising prior to the date hereof. 3. If the failure to obtain the prompt consent of a third party to this Assignment will cause termination of any pipeline agreement, lease, sublease, license, permit, franchise, assignment, easement, or right-of-way, then this Agreement: shall not constitute an agreement to transfer it until such consent or a new franchise, permit or ordinance is obtained. Executed as of the date first above set forth. "ASSIGNOR": UNION OIL COMPANY OF CALIFORNIA dba UNOCAL By Richard K. Jemison, P96sident Unocal Real Estate Di ision By. .C�--X�' e Assistant Secretary "ASSIGNEE": UNOCAL CALIFORNIA PIPELINE COMPANY By Luis N. Weiss, President -2- 'rANK ft" 236 - 12- PROD. LINE - 514' • 0.097 W. (Assigned to Unocal California Pipeline Company) -e-01L -VAM=.821 /4). . 12'za00- 514 - 0.097 M1. i 6 -OIL Nn z L NNE - 035's 0.162 V 1. (Assigned to Unocal California Pipelin Company) 1� NO. ILINE- 3481'■ 0.659 M1. 07Y OF SAN LUIS OBIS,PJ IAPr'D.ACME _. -_ C':). IVO. 4-3B "^..�� �_ ♦• DATE f- — i CITY OF SAN LUIS OBISPO ORDINANCE NO -+5- - /o38 U!d:ON OR COMPANY OF *)7 COIL- ISX I'• 3A38 A. DRAWN N2H_CKD._ _._. . Avv•D._ _ -7- SCALE MONS RAY JACKSC, I JUL 6 1991 PUBLIC UTILITIES COI'B4ISSION OF THE STATE OF CALIFORNIA COMMISSION ADVISORY AND RESOLUTION G-2978 COMPLIANCE DIVISION JANUARY 21, 1992 Energy Branch B fi S 9 b 9 x I 9 H RESOLUTION G-2978. UNOCAL CALIFOR91A PIPELINE COMPANY AUTHORIZED TO COLLECT CHARGES OF TARIFFS ON FILE SUBJECT TO A BCS OALSO OEEFFERGY REGULATORY COMMISSION FORMATFOR ITS FLD TARISIN LIEU OF THE FORMAT REQUIRED IN GENERAL ORDER 96-A. BY ADVICE LETTER 1, FILED.ON OCTOBER 231 1991. SUMMARY 1. Unocal California pipeline Company '(Unocap) filed to assume public utility common carrier status and to have rates effective on January 1, 1992. Additionally Unocap requested authority to use the Federal Energy Regulatory Commission (FERC) format for its filed tariffs, instead of the format required by Commission's General Order 96-A. 2. This Resolution grants the authority requested, with rates subject to possible refund with interest pending the Commission's decision or decisions in Complaint 91-12-028. 1. Unocap on -October 23, 1991 filed its tariffs to act as a pipeline common carrier to become effective January 1, 1992.. Uncap provides intra -state pipeline service for crude petroleum between San Francisco and Los Angeles and intermediate points. Unocap also has filed with FERC for authority to operate certain of its offshore and onshore pipelines as common carriers under FERC tariffs and jurisdiction. 2. Unocap is a wholly owned subsidiary of Union Oil Company of California (Unocal), and is the legal entity now owning pipelines formerly oared by Unocai. 3. Unocal, in ongoing litigation between City of Long, Beach, et al.. has signed a stipulated settlement to place parts of it crude petroleum pipeline system into public utility common carrier status. V.nc Resolution G-2978 -2- snuary 21, 1991 NOTICES 1. Public notice of these filings has been made by publication in the Commission's calendar -on November 1, 1991. PROTESTS 1. One late filed protest, by the City of Long Beach (Long Beach), to this Advice Letter was received by the Commission Advisory and Compliance Division. 2. Long Beach protested the lack of a provision for a gravity bank clause, objected that Unocap had failed to set forth the basis for the rates sought, and alleged that several of the rates were unreasonably high. DISCUSSION 1. By Advice Letter No. 1, dated October 23, 1991, Unocap filed its tariffs asking they become effective January 1, 1992 to be a common carrier subject to regulation by the Public Utilities Commission. Public Utilities Code Section 1001 listing the utilities which must apply for a Certificate of Public Convenience and Necessity before starting construction does not include petroleum pipelines. 2. In the filing Unocap also requested authority to file its tariffs in the format used by FERC instead of the format required by Commission General Order 96-A. 3. Deviations from the requirements of General Order 96-A, for pipelines to use the FERC format, have been previously granted to Four Corners Pipeline Company by Resolution G-2729 dated May 29, 1987, Southern Pacific Pipelines, Inc. by Resolution G-2772 dated January 13, 1988, Shell California Pipeline Company by Resolution G-2830 dated October 26, 1988 and Gulf Interstate California Pipelines by Resolution G-2860 dated February 24, 1989. 4. The FERC type tariff sheets are pre-printed on 8-1/2" by 11" heavy bond paper. In particular the FERC format is described in Title 18 Code of Federal Regulations Subchapter P, Parts 341.0 through 341.65, (18 CFR 341.0 et. seq.) governing the construction and filing of tariffs by pipeline companies. The filed date and the approval dates are preprinted under the FERC format, as provided for by 18 CFR 341.3 (g) and (h), before submission and approval. This preprinted approval date anticipates CPUC action which, if not forthcoming, leaves customers with advice filings that appear effective, but which are not. Resolution G-2978 -3- January 21, 1992 UCPC/AL 1/cda 5: Shippers of crude petroleum and petroleum products are familiar with the FERC format. Use of a different format solely for intra -state shipments would be confusing to them and serve no useful purpose. 6. The Energy Branch of the Commission Advisory and Compliance Division recommends that Unocap be permitted to be exempt, and continue to be exer.:pt, from the format requirements of General Order 96-A, submitting instead tariff. sheets following the FERC format, provided that the effective date is left blank until the tariff is approved by the Commission.. 7. Unocap in a response to the late filed protest included a tariff provision for a.gravity bank to begin operation within two months of starting public utility operations, to be incorporated into its filed tariffs. Unocap stated they were unable to provide this until they had trained or hired the necessary personnel to operate a gravity bank. Unocap also stated that while it anticipated very little demand between January 1, 1992 and March 1, .1992 for any adjustments due to gravity differentials arising out of common stream operations, Unocap will track the quality of oil that is tendered and will make necessary monetary adjustments to reflect differences in the quality of oil delivered and received on behalf of a particular shipper. 8. Unocap also responded that its rates were market-based and reflective of the competitive alternatives available to prospective shippers, and were comparable to existing pipeline rates for the service provided; that the allegations of unreasonably high rates were conclusory and unfounded; and that Long Beach had not demonstrated how it would be affected by those rates, if at all. 9. Long Beach has filed a Complaint (C.91-12-028) raising, in more detail, the same allegations as in its protest, and requesting that the Commission stay the implementation of Unocapdetermination tariffs until there has been an investigation and a determination as to the reasonableness -of the filing. 10. The complaint raises questions as to the rate -setting methodology and the reasonableness ofrates which should be explored in public hearings. Pending the outcome of C.91-12-028, the rates requested should be approved, but should be subject to Possible refund with interest in the eventuality that the CoTUmission finds any of them to be excessive. P. ©5 Resolution G-2978 - -4- 'vnuary 211 1992 UCPC/AL l/cda FINDINGS 1. The tariff sheets filed by Unocap on October 23, 1991 became effective on January 1, 1992 for the limited purpose of creating common carrier status for Unocap. As such, Unocap is now a common carrier public utility subject tothe jurisdiction of the California Public Utilities Commission. . 2. Long Beach has filed a Complaint alleging that the tariffs submitted do not provide for a gravity bank, contain rates which are enjustifiably market-based, and will result, at least in part, in excessive costs to potential shippers who would be expected to use the various pipelines. 3. Unocap submitted a tariff provision governing a gravity bank in its response to Long Beach's protest which is included in the tariffs which became effective on January 1, 1992. 4. The remaining issues raised in the complaint should be examined in public hearings before an administrative law judge, and the requested rates approved subject to refund with interest pending the Commission's decision or decisions on the complaint. 5. Unocap's request for exemption from filing tariff sheets as prescribed by CPUC General Order 96-A, in order to conform to FERC's standard tariff sheet format is reasonable. 6. The tariff sheets filed in the future by Unocap should leave -the effective date blank until approved by the Commission. .Resolution G-2978 nuary 21, 1992 UCPC/AL l/cda THEREFORE, IT IS ORDERED that: 1. Unocal California Pipeline Company is authorized to collect the charges contained in these tariffs, subject to refund plus interest from the effective date of this Resolution, of all charges found to be excessive in our decision or decisions on C.91-12-028. It shall keep accurate account of all amounts received under these tariffs in sufficient detail that refunds with interest can be made to individual shippers of any portion of any charge ultimately found unjustified. Prior to the commencement of operation of the gravity bank, Unocal California Pipeline Company shall track the quality of oil that is tendered and put into the common stream, and shall make necessary monetary adjustments to reflect differences in the quality of oil delivered and received on behalf of a particular shipper. 3. In accordance with Section XV of General Order 96-A Unocal California Pipeline Company is authorized to use the tariff sheet format of the Federal Energy Regulatory Commission. 4. Unocal California Pipeline Company is authorized to submit tariff sheets formatted in conformance with the Federal Energy Regulatory Commission requirements, but omitting the printed effective date, until further.order of this Commission. S. This Resolution is effective today. I hereby certify that this Resolution was adopted by the Public Utilities Commission at its regular meeting on January 21, 1992. The following Commissioners approved it: ive DANIEL Wm. FESSLER President JOHN B. OHANIAN PATRICIA M. ECI=T NORMAN D. SHUMWAy Commissioners ����Illl�i�llllll�lllllll��ll� �IIII��III`� VIII ISI III city of sAn, luis OBISPO<.. == A 996 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100 May 7, 1992 E. R. Jackson Supervisor, Leases Unocal Real Estate Unocal Corporation 1201 W. 5th Street P.O. Box 7600 and Franchises Division Los Angeles, CA 90051 Re: Assignment of Pipeline Franchise From Unocal to Unocap Dear Mr. Jackson: Thank you for your letter of April. 30, 1992 concerning the assignment of a portion of the pipeline franchise from Union Oil Company to Unocal California Pipeline Company. As I have indicated in previous correspondence, the third paragraph of Section 4-9 of the Franchise Agreement provides that "... no ... consent shall be required for assignment to a parent company or a wholly owned subsidiary of grantee, however, notice of.this assignment shall be " (Emphasis added.,) I have reviewed the assignment agreement and find it to be acceptable. Although not submitted to the City Clerk within 30 days of the assignment, under the circumstances and in light of our previous conversations, it appears that you have substantially complied with the provisions of the franchise. By a copy of this letter, I will transmit the Assignment Agreement to the City Clerk. As previously indicated, the assignment of a portion of the franchise without consent has been agreed to by the City on the basis of the following assumptions: 1. The proposed assignment is required to affect settlement of litigation between the State, the City of Long Beach and Unocal, as outlined in the December 20, 1991 letter from E. R. Jackson to the City of San Luis Obispo. The underlying litigation involved regulatory and revenue issues unrelated to offshore development in San Luis Obispo County. RECEIVE® 8 1992 CITU I,ERK SAN t OBISPO, CA E. R. Jackson May 7, 1992 Page Two 2. The pipeline which is proposed to be transferred is approximately 500 feet of 12 inch diameter line located in the Higuera Street right-of-way, also as specified in your letter of December 20, 1991. 3. Unocal California Pipeline Company (assignee) is a wholly owned subsidiary .of Union Oil Company of California (assignor), with the ability and financial capability to operate consistent with the terms of Ordinance 1038 (Franchise Agreement). 4. Other than the transfer of the pipeline specified in paragraph 2, the payment of the fees as specified in PUC Section 6231.5, all of the terms and conditions of Ordinance 1038, City Charter Article X. and applicable State regulations shall remain in full force and effect, and the existing obligations between the parties shall not be affected. If you have not already done so, I would appreciate it if you would provide the City with the appropriate riders to existing bonds and policies of insurance at your earliest possible convenience. I would also recommend that you contact Bill Statler, City Finance Director, (805) 781-7130 to make arrangements for payment of the appropriate franchise fees. If you have further questions or comments, please feel free to contact me at your convenience. Sincerely, etAtto G. o ensen Ci ey JGJ/sw cc: John Dunn Pam Voges Wayne Peterson Bill Statler Cindy Clemens EXHIBIT R .. ORDINANCE NO. 1038 (1985 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO GRANTING TO UNION OIL COMPANY OF CALIFORNIA, A CALIFORNIA CORPORATION, A FRANCHISE FOR FACILITIES NECESSARY FOR THE COLLECTION; TRANSPORTATION AND DISTRIBUTION OF ALL SUBSTANCES, EXCEPT RADIOACTIVE MATERIAL, USED IN THE 'PETROLEUM INDUSTRY ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, AND ALLEYS AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY. Be it ordained by the Council of the City of San Luis Obispo as follows: SECTION 1 = AUTHORITY AND GRANT OF FRANCHISE A franchise is hereby granted pursuant to the provisions of California Constitution; Article XI, Section 9(b), Government Code Section 39732 and Article X of the Charter of the City of San Luis Obispo. SECTION 2 - TERM The franchise granted under this Ordinance shall be for an initial term of twenty-five (25) years commencing with the date on which it is accepted. Thereafter, the franchise may by mutual consent be renewed for additional five (5) year terms under conditions mutually agreed on by both parties. - SECTION 3 - DEFINITIONS "Appurtenances" Devices used in connection with Grantee's business that are installed under -the terms of a franchise.`' "Council" City Council of the City of San Luis. Obispo. 0 1038 Ordinance No. 1038 (1985 Series) Page 2. "City" City of San Luis Obispo, a municipal corporation under a - charter of the State of California.. "City Clerk" City Clerk of the City of San Luis Obispo. "Director" Director, City Public Works Department, or designee.. "Facilities" All property and installations of the Grantee, including but not "Finance Department" "Finance Director" "Grantee" SECTION 4 - GENERAL PROVISIONS limited to pipelines, and other appurtenances necessary or convenient for the Grantee's business. Finance Department of the City of San Luis Obispo. Director of the Finance Department of the City of San Luis Obispo. Union Oil of California, a California Corporation. SECTION 4=1='SCOPE'OF'FRANCHISE. The facilities to be constructed, maintained, or operated under this franchise shall be built of good material, in a workmanlike manner. The work of Ordinance No. 1038 (1985 Series) Page 3. construction, repairing, or maintaining facilities shall at all times be in compliance in all respects with rules, regulations and ordinance of such city, state or federal authorities as may have jurisdiction over such facilities in effect at the time of such work. With respect to matters not covered herein, City reserves all regulatory power allowed'to it over and with reference to the franchise granted and the exercise of rights, powers, or privileges under the same by the Grantee, its successors or assigns. The terms and conditions of this franchise shall also apply to any facilities of the Grantee which are located within the right-of-way of any street at the time such street becomes a City street and/or which may be subsequently acquired by the Grantee and which are located within the right-of-way of any City street at the time of such acquisition by the Grantee whether or not they were theretofore subject to a franchise granted by City. The franchise granted under the terms of this Ordinance is non-exclusive. SECTION 4-2 - ACCEPTANCE. The franchise is granted on the terms and conditions contained herein. In addition, Grantee shall within thirty (30) days after the final adoption of this ordinance, file with the City Clerk written acceptance of the terms and conditions of the Ordinance No. 1038 (1985 Series) Page 4. franchise. Should Grantee fail to file written acceptance within thirty (30) days; any franchise rights or privileges shall automatically terminate with no further action by City. SECTION 4-3 = PERMIT. Grantee may, subject to such regulations as are now or hereafter may be in force; make excavations in and place obstructions upon City roads within the area covered by a franchise for the purpose of constructing; maintaining, operating, or removing any franchise facility or property. No excavation in or obstruction of any City street may be made unless or until all permits required by the City and all other public agencies having jurisdiction have been obtained. No permit for an excavation in or obstruction upon any City street shall be issued if it is found that either the excavation or the obstruction or the placement and maintenance of the franchise facility or property will seriously or unreasonably interfere with the public uses and purposes of the City street or will create a dangerous condition in the City street. Notwithstanding the above, emergency excavations necessary for the preservation of life or property may be made without permit after providing notification to the Public Safety Department of the City by use of the emergency phone number "911" and provided application for a permit is made not later than the next business day following such emergency excavation. Ordinance No. 1038 (1985 Series) Page 5. SECTION 4=4 — ASSUMPTION OF RISK. All work done in the exercise of franchise rights shall be done so as to cause the least possible interference with the use of City street by the public or by City. All excavations shall be backfilled.and adequately compacted according to the City's specifications. The surface of City street shall be placed in as good and serviceable condition as existed at the beginning of the work and to the satisfaction of Director. Grantee shall indemnify City, its officers and employees; and save them harmless from and against any and all loss, damage, expense, liabilities, claims and demands, of whatsoever character, including but not limited to, injuries to employees of City or to third persons and damage to property belonging to or in the custody or possession of City or third persons, whether upon the property or right-of-way of City or elsewhere caused directly or indirectly in the exercise by Grantee of any of the rights granted under this franchise. The conditions hereinabove specified are binding upon any and all successors or assigns of Grantee. SECTION 4=5 - INSURANCE. Prior to acceptance of this franchise, Grantee shall file with the City Clerk and maintain on file throughout the term of the franchise a certificate of a current liability insurance policy issued by a company duly authorized to do business in the State of California, insuring Ordinance No. 1038 (1985 Series) Page 6. City and Grantee with respect to the installation, operation and maintenance of its facilities. Liability insurance policies shall be within limits to be -approved by City, based upon - comparable limits established for use in connection with Public Works construction projects. Insurance shall be noncancellable without forty-five (45) days written notice thereof to the City Clerk. Should Grantee fail to file replacement certificate of insurance prior to the expiration of the forty-five (45) days any franchise rights and privileges shall automatically terminate with no further action by City. SECTION 4=6 = BOND. Grantee shall at all times during the term of this franchise, keep on file with City Clerk a bond running to City and to any successor to any of the rights of City under the terms of this franchise in an amount of $25,000 and with surety to be approved by City. The bond shall be conditioned upon Grantee well and truly observing, fulfilling and performing each and all terms and conditions of this franchise, and in case of any failure by Grantee to perform any terms or conditions of this franchise, or in case of any breach of any terms or conditions of this franchise by Grantee, the principal and surety shall be jointly and severally liable for such performance or for any damage, expense, loss or injury directly or indirectly suffered therefrom by City. Ordinance No. 1038 (1985 Series) Page 7. Bonds shall not be deemed adequate unless they are valid for the entire term of this franchise plus one (1) year and contain provisions that bond shall remain valid until at least thirty (30) days after notification by surety to City Clerk that bond is about to be cancelled, expire or not be renewed. Nothing herein shall insulate Grantee from liability in excess of the amount of bond or shall be construed as a waiver by City of any legal remedy against Grantee for any breach of terms and conditions of this franchise or for any damage, loss or injury suffered by City in case of any damage, loss of injury suffered by any person by reason of any work done or any activity conducted by Grantee in exercise of franchise rights. SECTION 4-7'= PUBLIC IMPROVEMENTS: Grantee shall remove or relocate at its expense any of its facilities located in any City street whenever removal or relocation is deemed necessary by Director because of any work being done in or about the City street by City or any public entity, or because of any change of street grade, alignment, or width. City shall endeavor to give Grantee at least ninety (90) days advance notice of relocation work required. If such work is not completed by Grantee prior to the end of the time stated in the notice, then City or other applicable public entity may contract or perform the removal or relocation at the sole expense of Grantee and Grantee shall immediately remunerate City or the applicable public entity for r Ordinance No.1038 (1985 Series) Page 8. the direct cost of such work plus the current rate of overhead being charged by the City for such reimbursable work or the actual cost to City plus administration; if work is performed by an independent contractor. Notwithstanding the foregoing; should a situation occur that requires removal; relocation or modification of Grantee's facilities with less than the ninety (90) days notice provided for herein, City shall give Grantee as much prior written notice as possible considering the nature of the emergency. Should Grantee not complete such work as required by City, City may contract or perform such work pursuant to the foregoing terms of this Section. SECTION 4-8 _ RELOCATION OF ELKS LANE PIPELINES: Grantee shall relocate at its cost the two 8" pipelines which span San Luis Creek at Elks Lane so that the pipes pass under the creek bed. This relocation shall be designed and constructed in a manner which is mutually acceptable to the City and the Grantee within three (3) years after the date the Grantee accepts this franchise. SECTION 4-9 - ASSIGNMENT. Grantee shall not transfer or assign this franchise, or any of the rights or privileges granted therein, except upon consent of Council. Upon demonstration by proposed assignee of ability to operate consistent with the terms of this Ordinance such consent shall not be withheld without cause. Any transfer or assignment shall Ordinance No. 1038 (1985 Series) Page 9. be made only by a duly executed instrument in writing filed in the office of the City Clerk. No consent shall be effective until the proposed assignee files with the City Clerk an approved bond of the type and in the amount required by the franchise and assignee meets all the requirements which would be imposed on Grantee of a new franchise. No such consent shall be required to any transfer of the franchise in trust or by way of mortgage or hypothecation with all or a part of Grantee's other property for the purpose of securing any indebtedness of Grantee. Also, no such consent shall be required for assignment to a parent company or wholly owned subsidiary of Grantee, however, notice of this assignment shall be made to the City Clerk within thirty (30) days of such assignment. Such notice shall include appropriate riders to existing bonds and policies of insurance. SECTION 4-10 - FRANCHISE FEES. The Grantee shall pay to the City in lawful money of the United States an annual fee based on pipelines installed and maintained in City streets, computed as follows: 1. Pipe of eight (8) inches or less in nominal internal diameter the annual fee shall be twelve (12) cents per linear foot. 2. Pipe greater than eight (8) inches in nominal internal diameter, the annual fee shall be twelve (12) cents per linear foot for the first eight (8) inches of nominal Ordinance No. 1038 (1985 Series) Page 10. internal diameter, plus two (2) cents per nominal internal diameter inch for each inch or fraction thereof over eight (8) inches. The amount of each annual payment of the annual fee shall —f be revised every year from the effective date of this ordinance granting the franchise, at the time of payment in accordance with the following formula: a. The "Wholesale 'Producer' Price" Index (1967 = 100) "All Commodities", established by the United States Bureau of Labor Statistics, Department of Labor, as it stands on the date the franchise is granted, shall be taken as the "base index" upon which the above franchise fee is computed. b. If said Index for the last calendar month ending prior to the month in which payment to the City is due.shall stand at other than said "base index", then the rate of payment to the City shall vary from said "annual fee" in direct proportion that said Index has increased from the "base index", as hereinabove defined; provided, however, that in no event shall the amount of the annual payment be less than the "annual fee" as set forth herein. C. If said Bureau shall revise the said Index, the parties hereto shall accept the method of revision or conversion recommended by said Bureau. Ordinance No. 1038 (1985 Series) Page 11. d. If said Bureau shall discontinue the preparation of the said Index using prices prevailing in the year 1967, as a base of 100; and if no transposition table prepared by said Bureau is available, applicable to said year of -- 1967, then the amount of each annual payment shall be computed by reference to such other price index as may be chosen by City and the City shall be the sole judge of comparability of successive indices. Said "annual fee" shall be paid annually during the life of the franchise, including the year of granting the franchise. In addition to the annual franchise fee the Grantee shall pay to the City an initial construction charge calculated at the rate of One Hundred Dollars ($100.00) per mile or fraction thereof for all new pipeline laid during the preceding report period. SECTION 4=11 --ANNUAL REPORT. On or prior to April 1st of each year, Grantee shall file with the City Clerk a report verified by Grantee's oath or the oath of.the manager or other responsible officer of Grantee describing in detail the length, location (by street name) and nominal internal diameter of pipelines installed and maintained under this franchise. A map to a suitable scale shall be provided with this annual report showing the location of the Grantee's facilities. In this report the Grantee shall also show any change in footage since the last report period, segregating such footage ordinance No.1038 (1985 Series) Page 12. as to new pipelines laid, old pipelines removed, old pipelines abandoned in place, and the footage of pipelines in territory annexed or incorporated since the last franchise report. Simultaneously with the filing of the report, Grantee shall submit to the Finance Department fees required under Section 4-10 FRANCHISE FEES of this ordinance. Grantee shall also advise Finance Director of any change of name and address. Franchise fees paid late (after April 1) shall include a late charge penalty of 16% of the amount due for each year or portion thereof such fees are in arrears. This amount is not interest and therefore shall not be prorated. Neglect, omission or refusal by Grantee to file such verified reports or to pay franchise fees at the times or in the manner herein provided, in addition to the late charge penalty, shall be adequate grounds upon which the City may, by resolution, declare this franchise and all rights thereunder forfeited. If Grantee has not paid franchise fee plus 16% penalty by July 1, the Finance Department shall notify the Public Works Department. The Director shall then take appropriate action to collect such fees, including, if necessary, recommending that the Council forfeit the franchise. City shall have the right to inspect Grantee's pipeline records relating to its annual report and the right of audit and recomputation of any and all amounts payable under franchise. Ordinance No.1038 (1985 Series) Page 13. Costs of audits shall be borne by Grantee when audits result in an increase of more than five percent (5%) of Grantee's annual payments due City. Acceptance of any payment shall not be construed as a release or as an accord and satisfaction of any claim City may have for further or additional sums payable under this ordinance or for the performance of any other obligation hereunder. SECTION 4-12 - FORFEITURE. Failure or refusal of Grantee to comply with material terms or conditions of franchise shall be adequate ground for forfeiture of the franchise. The Council, prior to any forfeiture of this franchise, shall give to a Grantee not less than thirty (3) days notice, in writing, of any default thereunder. If Grantee does not, within the notice period, begin the work of compliance or after such beginning does not prosecute the work with due diligence to completion, the Council may hold a hearing, at which the Grantee shall have the right to appear and be heard, and thereupon the Council may determine whether such conditions are material and essential to this franchise and whether the Grantee is in default with respect thereto and may declare the franchise forfeited. Notice of such hearings shall be given to the Grantee by certified mail not less than five (5) days before hearing. Forfeiture shall not of itself operate to release a bond. Upon declaring a franchise forfeited, Council may elect ordinance No. 1038 (1985 Series) Page 14. to take and accept bonds as liquidated damages therefor and/or to pursue any other legal remedy for damages, losses or injuries suffered by City. After forfeiture of franchise, a bond shall remain in full force and effect for a period of one (1) year unless exonerated by Council. A bond shall not be exonerated unless a release is obtained from Council and is filed with the City Clerk. Releases shall state whether all excavations have been backfilled; all obstructions removed, and whether substratum and surface of City streets occupied or used have been left in a good and serviceable condition. Releases shall not constitute waivers of any rights or remedies which City may have against Grantee or any other persons for any damages, losses or injuries suffered by City as a result of any work or activity performed by Grantee in the exercise of franchise rights. Failure of Grantee to comply with terms or conditions of this franchise, which in the opinion of the Director does not warrant forfeiture, shall be subject to a monetary penalty of one percent (1%) per day of the amount of Grantee's previous annual payment or anticipated payment on new or assigned franchises until such non-compliance is corrected. Director shall give Grantee not less than thirty (30) days notice, in writing, of intention to impose such penalty. Ordinance No. 1038 (1985 Series) Page 15. SECTION 4-13 - TITLE TO PROPERTY. During the term of this franchise title to all real or personal property placed on, embedded in or buried under substratum or,subsurfaces of any City street by Grantee in exercise of franchise rights shall remain vested in Grantee, except as hereafter provided. Upon termination, expiration, forfeiture of franchise or when no renewal or replacement franchise has been granted, Grantee shall begin removal without expense to City of all facilities maintained pursuant to the terms of this franchise. If such removal is not completed within 180 days or any additional period granted by Council, Council may provide for the removal of the facilities or any part thereof and Grantee shall be required to pay the actual cost of such removals. During the term of, or upon termination of this franchise, Director may authorize Grantee to abandon in place Facilities as defined herein. The following shall be deemed to be an offer by Grantee to transfer title to its facilities to City: Requests to abandon Facilities in place. Failure to remove Facilities within 180 days of termination of franchise. Non-payment of annual fee on all or a portion of Grantee's Facilities. City at its sole option may accept such ownership or have such Facilities removed at Grantee's expense as provided above. Ordinance No. 1038 (1985 Series) Page 16. SECTION 4-14 - RIGHT LIMITED TO PUBLIC RIGHT-OF-WAY. Franchise shall confer upon the Grantee only the right or privilege to enter upon right-of-way of City streets and shall not be construed to authorize any invasion of property rights of - abutting owners, including the underlying fee title where Grantor has title in easement for public.road and related purposes. SECTION 4-15 - CHANGE IN STATUS OF PUBLIC AREA. If any areas not covered by this franchise are annexed or incorporated into the City, the City and Grantee shall have all the same rights and obligations they would have had if that area had been a part of the City at the time this ordinance was adopted. SECTION 4-16 - LITIGATION EXPENSES. Should City bring legal action against Grantee to compel performance of, or to recover for breach of covenants, agreements or conditions of this franchise, Grantee shall pay to City, in addition to any other relief obtained by City, such reasonable attorney's fees as are fixed by the court. SECTION 4-17 - LOCATION OF FACILITIES. All of Grantee's facilities shall be installed and maintained in such a manner as to provide for the greatest public safety and least interference with adjoining private property. City • reserves the right to prescribe vertical and horizontal location of Grantee's facilities within public street rights-of-way. Ordinance No. 1038 (1985 Series) Page 17. SECTION 4-18 - RENEWAL. Not later than six (6) months prior to the expiration of the term of this franchise, Grantee may apply to City for renewal. SECTION 4-19 - APPEAL -PROCEDURE. Should a dispute arise between City and Grantee as to interpretation of a term or condition of this franchise the Grantee !hall first appeal to the Director in writing. The Director stall then provide Grantee with a written final decision, containing the reasons upon which he bases his decision. If the Grantee is not satisfied with the Director's final decision, it may appeal directly to the Council in writing, setting forth the basis of any grievance arising from Director's final decision and enclosing a copy thereof. The City Clerk shall place any such appeals on Council's agenda and set a date for a hearing. The City Clerk shall notify the Grantee of the Council's decision on the appeal. The decision of Council is final. SECTION 4-20 - DELEGATION OF AUTHORITY. It is intended that any and all authority delegated by this Ordinance to Director,.or his designee, is also jointly and severally delegated to the City Administrative Offi:er of the City of San Luis Obispo, or his designee. Ordinance No. 1038 (1985 Series) Page 18. SECTION 4-21 - EMERGENCY EQUIPMENT. At all times during the term of this franchise, the Grantee shall maintain or arrange for, on a twenty-four (24) hour a day basis, adequate emergency equipment and properly trained personnel within a reasonable distance from any facilities operated pursuant to this franchise for the purpose of shutting off the pressure and the flow of contents of such facilities in the event of an emergency resulting from any cause. The Grantee shall follow all state and local laws regarding notification of public agencies of any emergencies involving its facilities. SECTION 4-22 - MAXIMUM VALUE FOR FRANCHISE. Grantee agrees that this franchise shall never be given any value before any court or other public authority in any proceeding of any character in excess of the initial cost of the franchise to the Grantee. SECTION 4-23 - PRIOR RIGHTS. The provisions of this franchise shall apply to: (1) those pipelines of the Grantee and the appurtenances thereof which are maintained by the Grantee in the streets of the city pursuant to the existing franchise which this ordinance is intended to replace, in accordance with Charter Section 1004; (2) those pipelines and the appurtenances thereof which are maintained under franchises of adjacent jurisdictions in areas which are hereafter annexed to the City; and, (3) those pipelines and the appurtenances thereof which are hereafter installed in the streets of the city pursuant to the provisions of this franchise. Ordinance No.1038 (1985 Series) Page 19 . This franchise shall not apply to 'those facilities of the Grantee maintained pursuant to prior rights owned by the Grantee. The City shall have the right to be provided with reasonable written evidence of such prior rights. Moreover, -- notwithstanding the foregoing, the Grantee shall be obligated to comply with all other ordinances, rules, regulations and other requirements of the State of California, :he City of San Luis Obispo, and any other public agencies havLng jurisdiction, applicable to pipelines and related facilLties in the streets of the City, whether maintained under this f-anchise or otherwise, including the obligation to obtain a perm.t from the City to make excavations in or place obstructions upon the City streets, as outlined in Section 4.3. SECTION 5 - SEVERABILITY. If any section, subsection, sentence, clause or phrase of this franch.se is for any reason held illegal, invalid or unconstitutional by the decision of any court of competent jurisdiction, such dec.sion shall not affect the validity or the remaining portions he'eof. The Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or iiore sections, subsections, sentences, clauses or phrase: be declared illegal, invalid or unconstitutional. The invalid:ty of any portion of this Ordinance shall not abate, reduce or otherwise affect any consideration or other obligation require( of the Grantee of any franchise granted hereunder. Ordinance No. 1038 (1985 Series) Page 20. SECTION 6. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published at least three (3) days prior to its final passage in the Telegram -Tribune, a newspaper published and circulated in — said City, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at a meeting thereof held on the 2nd day of April 1985, on motion of Councilwoman Dovey , seconded by Councilman Settle and on the .following roll call vote: AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig NOES: None ABSENT: None Ordinance No.1038 (1985 Series) Page 21. APPROVED: City Ydm,4nistrative Officer Cit At rney City Eng' eer ORDINANCE NO. 1038 (1985 Series) FINALLY PASSED this 16th day, of April , 19 85, on motion of Councilman Settle seconded by Councilman Dunin and on th;e following roll call vote: AYES: Councilmembers Settle, Dunin., Iovey, Griffin and Mayor Billig NOES: None ABSENT: None ATTEST: / �o s Cit Clerk Pamela es e C. Billi f�8'*OlLNC.Z',INE-435'2 TANR FARM R2. 8­01LNO.1UNE-435'= OA82MI. / 0.082 MI. L� a9 12" PROD. LINE- 514'' 0.097 W. i i 9 "2"O;L- 5206 0.92C PAI. 514 - 0.09- ml. t MATCH 6 SN.1 11N�.. 1I -8'OIL NO2 LINE -655'=0.162 M.I. d'A 8,01L N0.1 LINE -3481's 0.659 M1. -- __--- -- CITY OF SAN LUIS OBISPO C..�i a -I 3J' - - - -- /03 F 3_ 45 AC/11:1�. CERTIFICAI OF INSURANCE ISSUE DATE / 3118/92 PRODUCER THIS CERTIFIOATE-IS-19SUED AS-A-MXTTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE [POLICIES OLAND INTERNATIONAL BELOW. 655 South Hope Street COMPANIES AFFORDING COVERAGE Los Angeles, CA 90017 COMPANY A 213-689-0065 LEER NAT'L UNION FIRE INS. CO. - - - -- - - - - - -- - — - COMPANY B- RE INSUD LETTER UNION OIL CO OF CALIFORNIA COMPANY - ---' - - - ---- - - - DBA: UNOCAL CORPORATION LETTER P.D. BOX 7600 ----- ------------- --------- - ......... ....... - --- - - - -. COMPANY D LOS ANGELES LETTER CA 90051 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER LTR POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ -1000-000 A X COMMERCIAL GENERAL LIABILITY RM CA 1428469 3131/92 3 / 3 1 / 93 PRODUCTS-COMP/OP AGG. _S___I NCL . CLAIMS MADE X OCCUR. PERSONAL & ADV. INJURY $ OWNER'S 8 CONTRACTOR'S PROT. EACH OCCURRENCE $ 10,0_070-0 FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE A- ANY AUTO RMCA 1428469 3/31/92 3/31/93 LIMIT $ 1000000 ...X. ALL OWNED AUTOS -------- BODILY INJURY _ X SCHEDULED AUTOS (Per person) $ _X__'HIRED AUTOS _ - ----- - - - - - - --- BODILY INJURY $ X NON -OWNED AUTOS (Per accident) GARAGE LIABILITY - PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ .UMBRELLA FORM 'AGGREGATE $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT $ EMPLOYERS' LIABILITY DISEASE -POLICY LIMIT S DISEASE -EACH EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VENICLES/SPECIAL ITEMS MAR 9 C 1 92 FRANCHISE ORDINANCE N0. 1038 ADOPTED April 16, 1985 CI Y CLERK S OBI.P CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF SAN LUIS OBI SPO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 990 PALM STREET DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN LUIS OBI SPO , CAI 93406 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: OFFICE OF CITY CLERK AUTHORIZED REPjESENTATIVE —� 000229000 Itie ACORD 25-S (7/90) �� ©'ACO 0 CORPORATION 1990 Richard K.Jemison President Gentlemen: Unocal Real Estate Division Unocal Corporation 1201 West 5th Street, R 0. Box 7600 Los Angeles, California 90051 Telephone (213) 977-7836 UNOCAL 76 57783 0- a - February 6, 1992 City of San Luis Obispo 990 Palm Street P. 0. Box 8100 San Luis Obispo, CA 93403 Attn: City Clerk Reference is made to the provisions of Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, granting a franchise to Union Oil Company of California dba Unocal, which requires that Grantee shll, prior to April 1 of each year, file with the City Clerk a report verified by Grnatee's oath describing in detail any additions or deletions of pipelines installed and maintained under this franchise. Union Oil Company of California hereby reports that no pipelines were added or abandoned during the preceding franchise payment period May 17, 1991 to March 31, 1992, and that such pipeline lengths, as reported last year, continue in effect for the next franchise period April 1, 1992 to March 31, 1993. Yours truly, UNION OIL COMPANY OF CALIFORNIA dba UNOCAL By R. K. Unocal RKJ:ERJ:mh son, President 1. Estate Division Ilk Alp ! Unocal Califomia Pipelir company A Unocal Company 911 Wilshire Blvd., P.O. Box 7600 Los Angeles, California 90051 59025 RECEIVEDU N ®CAL 76 JUL 2 9 1991 PIPELINE ADMINISTRATION SAN LUIS. OBISPO, 98 July 181 1991 Dear Council Members: The Honorable City Council of the City of San Luis Obispo City Hall 990 Palm Street' P. 0. Box 1100 San Luis Obispo, CA 93401-8100 Application by Unocal California Pipeline Company for a Pipeline Franchise UNOCAL CALIFORNIA PIPELINE COMPANY, a California Corporation ("APPLICANT"), a common carrier pipeline company and a wholly-owned subsidiary of Union Oil Company of California ("Unocal"), having its principal place of business at 911 Wilshire Boulevard, Los Angeles, California 90017, hereby makes application to your Honorable Body, pursuant to Sections 6001.5 through 6302 of the California Public Utilities Code, for the right, franchise and privilege from time to time to lay, construct, maintain, operate, repair, renew, change the size of, and remove or abandon in place pipelines for the transportation of crude oil and other substances, together with all manholes, valves, service connections and appurtenances necessary or convenient for the maintenance and operation of said. pipelines, including any facilities necessary for -the cathodic protection of said pipelines, for a term of twenty-five (25) years from and after the date upon which such franchise shall become effective; in, under, along and across any and all public streets now or hereafter dedicated to public use within the City of San Luis Obispo, State of California. The pipelines which Applicant shall initially wish to maintain under the pipeline franchise hereinabove applied for are existing eight -inch and twelve -inch crude oil pipelines, located in the streets of the City of San Luis Obispo, which belong to Applicant's parent corporation, Unocal. They are presently covered by the pipeline franchise granted to Unocal by the City of San Luis Obispo under its Ordinance No. 1038, which became effective on May 16, 1985, for a term of twenty-five years. Under the provisions of a settlement which was recently reached between the State of California and the City of Long Beach, and Unocal, affecting the majority of Unocal's crude oil pipelines The Honorable City Council 59025 of the City of San Luis Obispo 7/18/91 Application by Unocal California Pipeline Company for a Pipeline Franchise Page 2 located in the State of California, title to the above mentioned pipelines will soon be transferred by Unocal to Applicant, who will operate the pipelines as a common carrier. Unocal also maintains one six-inch gas pipeline, located in portions of Foothill Boulevard, Los Osos Valley Road, Hathaway Avenue and Slack Street in the City of San Luis Obispo, under the provisions of Ordinance No. 1038, which will not be transferred to Applicant, and will continue to be maintained under the existing franchise ordinance (Ordinance No. 1038). Applicant agrees to pay to the City under the new franchise the rate as established for a common carrier company, pursuant to Section 6231.5 of the California Public Utilities Code. It is respectfully requested that your Honorable Body advertise the fact of this application, together with a statement that it is proposed to grant the desired franchise in the manner and time prescribed by law. If we can provide you with additional information concerning this application, please call Mr. Ray Jackson, Supervisor, Leases and Franchises, within Unocal's Real Estate Division, whose telephone number is (213) 977-6583. Thank you for your favorable consideration of our request. Very truly yours, UNOCAL CALIFORNIA PIPELINE COMPANY By R. K. J RKJ:ERJ:mh , Vice President c2Lt'k ti_ R + �►�-""` Unocal Real Estate Divi ECEIVC® Unocal Corporation 1201 Los A1ngeleest s, Ce fomia 9 51x 7600 OCT44 Telephone (213) 977-5021 ADM(NfS was T� � u� ►L t 59025 October 22, .1991 W H. CowlAttn : Mr. John Dunn Manager, Property Services City Administrative Officer City of San Luis Obispo City Hall 990 Palm Street P. O. Box 1100 San Luis Obispo, CA 93401-8100 Dear Mr. Dunn: RE: Application by Unocal California Pipeline Company for a Pipeline Franchise Reference is made to the letter from Unocal California Pipeline Company, dated July 18, 1991, requesting a franchise from the City of San Luis Obispo. Enclosed herewith is a map indicating the pipelines, highlighted in yellow, which will be transferred from Unocal to the Applicant, and are to be part of the franchise granted, hereinabove. If you have any questions regarding this letter you may call Mr. Ray Jackson at (213) 977-6583. Yours truly, W. H. COTREL E. R. ta6kcifon Supervisor, Leases & Franchises ERJ:mh Enclosure TANK FARM R% 8-OILND.ILINE-435*-- 0.082 ML 8rOlLMZUNE- 435's 0.082 MI. Ae;ZV 120 PROD. LINE - 5140. 0.0974 U.I. ve"OIL - 3206 a 0.4986 M I. 12'PROD- 514 0.097 MI. OAT': 8 . OIL NO2 LIVE -855090.162 hi 1. dA V 6001L NO. I LI NE - 3481 0.659 M1. jt & CITY OF SAN LUIS OBISPO C;`:D. NO. 4-3-5-- 0RAWN--:N--H-.—CK*..--. APP'C.— SCALE- - -ISSUE DATE (MMlDD VV) CERTIFICAL. OF INSURANCE _— _-3/-26/_91.--- PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, OLAND INTERNATIONAL EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW 655 South Hope Street COMPANIES AFFORDING COVERAGE Los Angeles, CA 90017 j COMPANY A CODE 213-689-0065 sus -CODE ;..._� ETTER __—.—MAT' L__ UNION FIRE INS.C:O . -_ -_ ._.T.-.-.___..__.._.._._.__._....--..__............. COMPANY B INSURED LETTER UNION OIL CO. OF CALIFORNIA rCOMPANY — ` IIIHAI UNOCAL CORPORATTO LETTER C F' . O. BOX 7600 !-'� LOS ANGELES ---'- COMPANY D LETTER CA 11w 90051 ; COMPANY E LETTER COVERAGES _._... - - --....__...__...--------- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COI TYPE OF INSURANCE POLICY NUMBER LTR' POLICY EFFECTIVE POLICY EXPIRATIONS ALL LIMITS IN THOUSANDS �- I DATE (MM/DDIYY) DATE (MM/DDIYY) GENERAL LIABILITY _ GENERAL AGGREGATE$ 1 (}(}(}- COMMERCIAL GENERAL LIABILITY R�j [jLA 418091.3 + 3/31/911 .'/.�. 1/9i� PRODUCTSCOMPIOPS AGGREGATET$ ]:N(�L._.__ ; CLAIMS MADE OCCUR.: OCCUR,i i i PERSONAL 8 ADVERTISING INJURY I S. I I OWNER'S 8 CONTRACTOR'S PROT.. I I ; EACH OCCURRENCE $ (}(}Q ^X :VENDORS LIMITEI( -j FIRE DAMAGE (Any one flre) i :S — FORM END* -_ I I MEDICAL EXPENSE (Any one person) S AUTOMOBILE LIABILITY COMBINED -� A; ANY iZMCA ,3950759 �. 3/31/91 3/31/92!LIMTLE $ I 1____ X . ALL OWNED AUTOS ! I BODILY I X . SCHEDULED AUTOS ! INJURY $ j (Per person) }( HIRED AUTOS i BODILY — 4— X NON -OWNED AUTOS I INJURY j$ (Per accident) GARAGE LIABILITY _ I I ! J PROPERTY I (DAMAGE $ I EXCESS LIABILITY EACH AGGREGATE OCCURRENCEi r $ $ ' I OTHER THAN UMBRELLA FORM I WORKER'S COMPENSATION I I STATUTORY;-- AND _ _-_ (EACH ACCIDENT) EMPLOYERS' LIABILITY $ (DISEASE -POLICY LIMIT) I � ^----------- ___ Tom'-' (DISEASE -EACH EMPLOYEE) !OTHER -----?---'--'---"-j --'-- '-- - i DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS FRANCHISE ORIIINANCE NO. 1038 A)OPTED Apr i L 16, 1.985 CERTIFICATE HOLDER CANCELLATION n -a V 19J SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE J 1 CITY OF SAN LUIS i EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 30 99(} PALM STREET l MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE SAN LUIS OPISPO, CA. 93406 v LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: OFFICE OF CITY CLERK: j AUTHORIZED REPRIES ATIV 000229000 ACORD 25-S (3/88) ACORD CORPORATION 1988 Unocal Real Estate Division Unocal Corporation 1201 West 5th Street, R O. Box 7600 Los Angeles, California 90051 Telephone (213) 877-7836 e UNOCAL i6 57783 February 21, 1991 Richard K.Jemison President City of San Luis Obispo 990 Palm Street P. O. Box 8100 San Luis Obispo, CA 93403 Attn: City Clerk Gentlemen: Reference is made to the provisions of Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, granting a franchise to Union Oil Company of California dba Unocal, which requires that Grantee shll, prior to April 1 of each year, file with ,the City Clerk a report verified by Grantee's oath describing in detail any additions or deletions of pipelines installed and maintained under this franchise. Union Oil Company of California hereby reports that no pipelines were added or abandoned during the preceding franchise payment period May 17, .1990 to March 31, 1991, and that such pipeline lengths, as reported last year, continue in effect for thei next franchise period April 1, 1991 to March 31, 1992. Yours truly, UNION OIL COMPANY OF CALIFORNIA dba UNOCAL By. R."K. Jem son, President Unocal Rdal;Estate Division RKJ:ERJ:mh E,:c VE® -0 r C;T`.' CLERK !.\ L ! Or:! 0 CA 5 Sys ...... ..:............:..: . .. ...:....:}.�::a}} A 111lIt� � n ::'; ... n .............. ............a .c::::.'.. .............................. ...}. F.............r.n .vn.. ......., :.:.:: u.: ...... n. :r,:.::a;,;:..:.x.,:n.:w:.::.;:.:•:}, PROOUOEq""""' .:.:r..::....: R Ir:l.u. :. .:. . . tr:,:.a:d: n.%aw: ::.c:: .,.:::a: n,:;}:}::S:::u;<'•a:>o}:t.}•:: a.:<•..'}x.nx,;k.».:::w:kJ�.L OLAND INTERNATIONAL 655 South Hope Street THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Los Angeles, CA 90017 COMPANIES AFFORDING COVERAGE 213-689-0065 Oam a�'OODe OOOOOOOO,�I COMPANY A LETTER NATIONAL UNION FIRE INS. CO. COMPANY LETTERSB i UDHON OIL OF CALIFORNIA ,4BA: UNOCAL CORPORATION LETTER EC P. BOX 7600 COMPANY D CAS— 90051 COMPANY LETTER E Unnr,Wnvx..n..r':kvxn:::n:r.::.x\n.::•.:vn THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAMS. CC LT1 TVPEOF AYSMANCE POLICY NDMEM POLICYEFFEOTIYE DATE(MM/DD/VY) PCLICTZXPMAT= DATE(MM/DD/YY) ALL LIMITS AY THOUSANDS A GEMALLIABLITY X �M—ERcuLLGENERAL LIABILITY 0.AIYS YALE a OCCUR. RMGLA 2498099 3/31/90 3/31/91 GENERAL AGGREGATE = 1000 PRODUCTS-COP/TPS AGGREGATE s INCL. PERSONAL B ADVERTISINGINJURY : OWNERS L CONTRACTORS PR01 EACH OCCURRENCE : 1000 FIRE DAMAGE (Arty one fire) t MEDICAL EXPENSE (Arty one Perron) _ AUTOMOBILE LIADLLITY WMINtU ANY AUTO ALL OWNED AUTOS RMGLA 2498099 3/31/90 3/31/91 SI LIYMITLE f 1000 X SDhEDU.ED AUTOS INJURY (Per Paran) = X X HIRED AUTOSumxv- NON OWNED AUTOS INJURY (Par aoeidem i X GARAGE LIABILITY PROPERTY DAMAGE t EXCESSLIADLLITY OCCLRRENCE OBER THAN UMBRELLA FORM 1 f WO 'S COMPOUATNRN J e �/ • STATUTORY AND t (EACH ACCIDENT) EMPLOMWLIADLLm /nj p U I 9U _ (DISEASE-POLICVLIMIT) f (DISEASE -EACH EMPLOYEE) oTHFA I ' Q`ITY Iia 5A LC O81S O. C DESCRIPTION OF OPERATMOLOCATMWVEHMLESMEMICT10NSOSPECIAL ITEMS FRANCHISE ORDINANCE NO. 1038 ADOPTED April 16, 1985 . iy'::ai}Y...., wn Tw.....u.,v3..,,n.,:nv,n.,.,a�fi$%%�>An$ai;vai ... :}}i$•$:...... )i}:.•• v: ;n}}a.:: v..:: .....nn..:' , v.'.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ><EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 GAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF SAN LUIS OB I SPO LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 990 PALM STREET LIABILITY OF ANY KIN UPON THE COMPANY, ITS GENTS OR REPRESENTATIVES. SAN LUIS OBISPO, CA. 93406 ' AUTHORIZED REP e dv ATTN: OFFICE OF CITY CLERK :«<° 0022900 r — _ ___.. ....,.. .... .. __a.a,:.... ..::.. ... ......... .,.._..1... ?i: ...._}:,. �". j11'IS'FH'lSlti'7FYitiKrKYi'i VK:w u'a Lii][+�:. ,When recorded, return to: .Office of the City C1e7ik City of San Luis Obispo 990 Palm St. P.O: Box 8100 San Luis Obispo, CA 93403-8100 DOC. NO. 64013 OFFICIAL RECORDS SAN LUIS OBISPO CO., CA SEP 1 7 1990 FRANCIS M. COONEY' County Clerk -Recorder: TIMIE 1 0 ; 0 O AM A -128 -90 -CA 511? 65022 FOR A VALUABLE CONSIDERATION, receipt ofwhich is hereby acknowledged, UNION OIL COMPANY OF CALIFORNIA, a California corporation dba UNOCAL (Unocal), does hereby sell, transfer and ORIGINAL. C 0p convey to the CITY OF SAN LUIS OBISPO, a municipal corporation, (CITY), all of Unocal's right, title and interest in and to those two 8" pipelines, approximately 9,100. feet in length, which are located in the City of San Luis Obispo and were previously used to transport petroleum hydrocarbons within the streets shown outlined on the attached map marked Exhibit A. City agrees to accept said pipelines, for itself, its successors and assigns, in place and without any representation as to quality or fitness and without any warranty of any kind; express or implied, except as hereinafter provided, and agrees to be solely responsible, except as hereinafter provided, for their removal and for all claims,. liability or expense whatsoever arising out of, resulting from or in any way connected with the maintenance, operation or removal of said pipelines after the date of acceptance of said pipelines. CITY does further hereby release UNOCAL, its successors and assigns, from all claims and demands of whatsoever kind arising out of, resulting from VOL 3579 PAGE 497 A -128 -90 -CA or in any way connected with the maintenance, operation or removal of said pipelines after the date of acceptance of said pipelines. Notwithstanding the above, UNOCAL agrees to remain responsible for the clean-up of any contamination of any nature along the route of the pipelines caused by the operation of the pipelines during the period of UNOCAL's ownership and to hold CITY harmless for any and all claims, including claims by third parties, for such contamination. Unocal further agrees that prior to the transfer of ownership of the pipelines, UNOCAL will survey the end points of each pipe and will provide the CITY with a detailed map of the entire area along with a realistic time frame for completion of the decontamination procedures provided for below. Further, said end points for the pipelines shall be capped after both pipelines are filled with non -potable water and cathodic protection is installed prior to the transfer of the pipelines. All pipelines to be retained for CITY use shall be properly cleaned and inerted by UNOCAL prior to transfer. The proposed clean-up method to be used must be approved by the CITY. UNOCAL shall confirm the integrity of the pipelines by hydrostatically testing each pipe at 400 psi for a minimum of 4 hours. Water samples are to be taken by an independent State Geologist/Hydrogeologist or an independent representative of a State -Certified geologist. Samples must not exceed action levels set by the Regional Water Quality Control Board. -2- Von 35719 PAGE 498 All rinse will be manifested as a hazardous material or a hazardous waste and properly disposed of through authorized haulers to Toxic Substance Disposal facilities, approved recycling facilities or other approved locations. At no time will the rinse be allowed to be discharged onto the soil. Should the rinse be accidentally discharged, the area will be treated as a contaminated site. Upon satisfactory completion of the above, CITY agrees to accept said pipelines. Any pipelines not to be retained for CITY use shall be removed in accordance with previously established methods. UNOCAL further agrees to assign any property rights which are assignable to the CITY, in order that CITY may continue to maintain said pipelines in their present location. UNOCAL agrees that should CITY be unable to obtain a license or easement from Southern Pacific Railroad in those locations where Unocal presently holds a license, as shown on Exhibit A. that CITY may cancel this agreement without liability or penalty. Portions of the pipelines in San Luis Drive subject to this agreement (Exhibit A), were installed pursuant to various private rights of way, prior to the establishment of a CITY subdivision, and as such UNOCAL possesses "prior rights" in sections of it. In exchange for UNOCAL's assignment to the CITY of all assignable easements, as noted above, the CITY will provide a comparable pipeline easement in, under and along San Luis Drive, including -3- N VUR 35 79PA,E 499 VVfIr VAN■c NVf��rV ��LGVVIO�G�Y1 Stateof California SS. Countyof Los Angeles 3mrnunnlulllllnlllllrJllnnruunnnnunnlnu❑ OFFICIAL SEAL MONA HEBERT rt(QTARY PUSUC•CALIFORNIA= PRINCIPAL OFFICE JN — LOS ANGELES COMT,v A'WAjr CommissionExpiles Wmmber 29,1933 annulumuuumurlJllllllJlruuuwnrununw� 7120 122 NO. 202 On this the lltay of September 1g 90 before me, Mona Hebert the undersigned Notary Public, personally appeared R. K. Jemi-son, President Unocal Real Estate Division Lc personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument-air -------------------vr on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. nature WONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.C. OL 75 19 PAGE 501 transferring and recognizing prior rights to UNOCAL beginning at the intersection of Pismo Street and San Luis Drive, east of the Southern Pacific Railroad right of way, and continuing northerly and easterly within San Luis Drive and terminating at the present northeasterly terminus of San Luis Drive along the northeasterly boundary of tract 43, in the City of San Luis Obispo, more particularly described in Exhibit B, attached to and made a part of this Agreement. In recognition of said prior rights, the CITY agrees that future CITY improvements requiring relocation of UNOCAL's pipelines in that portion only of San Luis Drive described above and noted on Exhibit A, will be at City expense. As work progresses, some minor realignment of the above easement will be necessary. A final easement will be recorded upon the completion of said realignments. The present agreement shall terminate at the present northeasterly terminus of San Luis Drive along the northeasterly boundary of tract 43 in the City of San Luis Obispo. Dated: This 8��► day of Noue.Y,%r ! , 1989. UNION OIL COMPANY OF IFORNIA dba L By R. K. Jemison, P sident Unocal Real Esta a Division CITY OF S S O PO B Pipelines Accepted this day of , 1989. THE CITY OF.SAN LUIS •: •. 0 -4- VUR 3579 PAGE 500 low TA ydtIl' �`�i/ CITY LIMITS ST. 1LJI �1 ,I ST RG�f ®rNADVD OGR GCS S �iSTA �A ST, W� �� ❑ ��,.� 'u MURa„Y 1 i � � � _ U. 5. NWY. 101 J Tr I 7 <dc MLD � � o V Og�� q rt �O rr �jL Q AL1 '' D O `•r ' �� `' .. � 81°.:GIL LINE' (PRIOR 4 R RBGH1 OV� PA Ot I O `O 1 i ` •,i44 a :'lam I tj�' O <� Ave. • �, ' X g .8,111:QI\. L.INE&P . V r i �,yl�,� V•a5�s 9� s? � /\ O � r JEMhIFEJI ft 4� - / Q La op m z y_o4 0 O ST. RAC.PL o STLVIA P� M©0 c�,ry�N UROUND OUSE _ D RETCHE 7 AVE. -� 9RANtw ST. .South St. 4 sw UR 1 _ _ DON..vl �•.� • i� —v Ila � NS 59-11 sanluisoB�spo UNOCAL PIPELINE 9W Patm StraetlPoal Office Bos 721, San Lute OtNspo, CA 9746 TRANSFER O " OWNERSHIP VOL 3579PAGE502 EASEMENT DESCRIPTION A 10.00 foot wide strip of land along San Luis Drive in the City of San Luis Obispo, County of San Luis Obispo, State of California; San Luis Drive being described by quitclaim deed recorded June 11, 1963 filed in Volume 1244, Page 612 of Official Records, by quitclaim deed recorded December 24, 1970, filed in Volume 1599, Page 525 of Official Records, and shown on the map of Tract No. 30, filed in Book 5, Page 49 of Maps, the map of Tract No. 43 filed in Book 5, Page 62 of Maps, and the Lot Line Adjustment Map SLO 85-172 filed in Book 40, Page 59 of Parcel Maps in the office of the Recorder for said County; said strip of land lying 5.00 feet on each side of the following described centerline: Commencing at that standard City centerline monument on the centerline of San Luis Drive 9.76 feet Southwesterly of the boundary to Tract 1259 as shown on the map of said Tract recorded December 29, 1986, and filed in Book 13 at Page 72 of Maps in the office of said Recorder; thence, S 37057128" W, 4,125.86 feet to the centerline intersection of Johnson Avenue (formerly Essex Street) with Pismo Street as shown on the map of the Central Addition to the City of San Luis Obispo filed in Book"A, Page 54 of Maps in the office of said Recorder; thence N 51045157" E, 614.45 feet to the Easterly Right of Way of the Southern Pacific Railroad Right of Way; being the TRUE POINT OF BEGINNING; thence, leaving said Right of Way N 48033120" E, 58.02 feet to the beginning of a non -tangent curve, concave to the Southwest, with a radial bearing N 66022131" E. and a 690.63 foot radius; thence Northerly, along said non -tangent curve, through a 10°41'13" central angle, an arc length of 128.82 feet; thence, along a tangent curve to the right with a 230.96 foot radius, through a 57011148" central angle, an arc length of 230.56 feet; thence, N 22053105" E, 621.84 feet; thence, along a tangent curve to the right with a 203.00 foot radius, through a 40022105" central angle, an arc length of 143.03 feet; thence, N 63015110" E, 101.67 feet; Exhibit B Sheet 1 of 2 VOL 3579 PAGE 503 thence, along a tangent curve to the left with a 363.11 foot radius, through a 25°23120" central angle, an arc length of 160.90 feet; thence, N 37051148" E, 11665'.17 feet, thence, along a tangent curve to the right with a 407.84 foot radius, through a 20°07'22" central angle, an arc length of 143.24 feet; thence, N 57059110" E, 427.89 feet to the beginning of a non -tangent curve, concave to the Northwest with a radial bearing of S 38043110" E, and a 240.00 foot radius; thence, Northeasterly, along said non -tangent curve, through a 15055101" central angle, an arc length of 66.67 feet; thence, along a tangent curve to the right with a 260.00 foot radius, through a 3°02146" central angle, an arc length of 13.82 feet to the boundary of said Tract 1259 radial bearing N 51°35124" W; said point being N 00°28147" E, 16.84 feet from said point of commencement, and being the terminus of said centerline; Furthermore, the sidelines of the herein above described 10.00 foot wide strip of land shall be lengthened and/or shortened to intersect each other at angle points and where the sidelines intersect property boundaries. END DESCRIPTION By: IOU Daniel Hutch nson, LS 5139 5I39i Sheet 2 of 2 VOL 3579 PAGE 504 C E R T I F I C A T E O F A C C E P T A N C E * * * * * * * * * * * * THIS IS TO CERTIFY that the interest in real property conveyed by the AGREEMENT — UNOCAL dated November S 1989, from UNION OIL COMPANY OF CALIFORNIA UNOCAL to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (1984 Series), recorded June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: ATT ST�: -A dame a- 3Eop , City erk CITY OF SAN LUIS OBISPO — Ron Dunin, Mayor VOL 3579 PAGE 505 r z m Z,, rD�7 N t1� N Wyw opo b, zo C 1p CA OD O� Z- � W \\ % ONS O C17 47 m W \ z Mme+ O �\ W \ \\ m w�\\\ \\ m \ . VI z r O ~ \\ v Q CD 8 &CO mm rnZ-4 to N -• � `nom \ f \ �, ..,��N% r z m Z,, rD�7 N t1� N Wyw opo b, zo C 1p CA OD O� Z- � W \\ % ONS O C17 47 m W \ z Mme+ O �\ W \ \\ m w�\\\ \\ m \ . VI z r O ~ \\ v Q CD 0 \ \ II W p rnZ-4 to o -• � \ f \ �, - v cn 0 1. VON Q C7 � � > o t2i � o p ` n :00 co Z g. m cn o �0m-i D m� N zXZ r'h C-prny Ov,00 C cr bad' Z 'v D O o <Z mo y r D P- N O N-JOD N,1 rte- D �W;\ m'�" w q rn '`-I\ . n1 �`\ ��I 6 p N N O z cn \ y CQ V m ED \ m --r D $O A Z fl d z� Nn� rnq Q n n C $� �.N_._ ��� ....-i- v N p 02 N W p co"O _.. - b. mom Z m m i n 0 \ \ rnZ-4 \ f \ i m --- - \\ ell 3r Ste• \ \ \ z \` \ \` V � `sem• \ u Don �• `\ .� ii P- N O N-JOD N,1 rte- D �W;\ m'�" w q rn '`-I\ . n1 �`\ ��I 6 p N N O z cn \ y CQ V m ED \ m --r D $O A Z fl d z� Nn� rnq Q n n C $� �.N_._ ��� ....-i- v N p 02 N W p co"O _.. - b. mom Z m m i n ^ Fl..+_i 5, i:. 196.9 13:47 unacal Real Estate DO '5-yr • 7/D y �� Unocal CO ration 6th' Shoot. P U 609-7600 tern wast Loa Ango,ea.CelUorn%la 00051 Tei,sMona f213) 877-7839 Ulamm0CALQ Richard K.JemteOtt F(ee Mn: May 3, 1969 57783 RECEIVEE) MAY 2 31989 OTYCLERK SAN LUMe)CUCOO.CA City of San Luis Obispo 990 Palm Street P.O. Box 9100 San Luis Obispn, CA 93403 Attn: City Clerk Gentleman: P. 2 Reference is made to the provision* of Franchisa ordinance No. 1038 (1985 series) effective May 16, 1985, granting a franchise to Ur.ian oil Company of California dba Unocal, which requires that Grantee shall, prior to April 1 of each year, file with the City Clerk a report verified by Grantee's oath describing in detail any additions or deletions of pipelinpe installed and maintained under this franchise. Union Oil cor„pany of California hereby reports that no pipalinos were added or abandoned duz-ing the preceding franchise payment period May 17, 19s8 to Ma: -ch 31, 1989, and that such pipalire lengths, as reported last. year, continue in effect for the next franchise period April 1, !989 to March 31, 1990. very truly yours, UNION. OIL POMPAVY OF CALIFORNIA dba UNOCAT By •�-. -� emison, Rras.46nt Unocal Real Estate Division RKJ : ER.7 : mh M z ISSUE DATE (MM/DD/Y 7 I. PRODUCER — / THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND C,S� NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES N0�7AND, Oland International EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE 655 South Hope Street Los Angetes,CA 90017 213-689-0065 COMPANLETTERY A NAIf-1 UNION EIRE INS. CO, COMPANY 18 LETTER INSURED UNOCAL CORPORATION P.O. BOX 7600 COMPANY C LETTER LOS ANGELES CA 90051 COMPANLETTER DY COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TIONS OF SUCH POLICIES. i I CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY I E-FEDTTYY) OUCY(EXPIR .T�) ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ Q COMMERCIAL GENERAL LIABILITY CLAMS MACE ®OCCURRENCE �� /• � � MGL:H�4 9,29 e465 3/31/89 3/31/90 PROOUCTS.COh1P10P8 .AGGREGATE $ PERSONAL 8 ADVERTISING INJi1RY $ 0:/\ER'SBCONTRACTORS PROTECTIVE EACH. OCCURRENCE $ FIRE DAMAGE jANY ONE FIRE) $ MEDICAL EXPENSE (ANY ONE PERSON) $ AUTOMOBILE LIABILITY A ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS RMGLA 459;: 665 3/31/89 �'�' 'QO \� \ �\ CSL BODILY NJURY (PER PERSON) $ 1000 $ X X X BODILY INJURY ACCIDENT) HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY $ X Roo-ary DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE AGGREGATE OTHFIQ THAN Lt+ 9Ei:.A FORM— -- —.. --' — -- WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY $ (EACH ACCIDENT) Is (OISEASE-POLICY LIMB) $ (DISEASE-EACH EMPLOYEE) OTHER RECEIVE® DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/ RESTRICTIONS / SPECIAL ITEMS ANI 399 FRANCHISE ORDINANCE N0, 1038 A1IOPTED APRIL 16, 1985 CITYCLERK SAN LUISOSKPO.CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF SAN LUIS OBISPO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 990 PALM STREET LEFT, BWFAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR SAN LUIS OBISPO, CA 513406-0321. LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTNOV OFFICE OF CITY CLERK AUTHORIZED REPRESE ATIVE 000229000 &,did 0`,mov % Richard K.Jemison President Gentlemen: Unocal Real Estate Dlvlsldtr Unocal Corporation 1201 West 5th Street, P. O. Box 7600 Los Angeles, Califom is 90051 Telephone (213),977-7836 UNOCAL76 March 23,. 1988 City of San Luis 990 Palm Street P. O. Box 8100 San Luis Obispo, Attn: City Clerk 57783 Obispo CA 93403 Reference is made to the provisions of Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, granting a franchise to Union Oil Company of California dba Unocal, which requires that Grantee shall, prior to April 1 of each year, file with the City Clerk a report verified by Grantee's oath describing in detail any additions or deletions of pipelines installed and maintained under this franchise. Union Oil Company of California hereby reports that no pipelines were added or abandon during the preceding franchise payment period May 17, 1987 to March 31, 1988, and that such pipeline lengths, as reported last year, continue in effect for the next franchise period April 1, 1988 to March 31, 1989. RKJ:ERJ:mh Very truly yours, UNION OIL COMPANY OF CALIFORNIA dba UNOCAL By+ R. K. Jison, President Unocal eal Estate Division RECE IV ED MAR 2 8 1988 CITY CLERK SAN LUIS OSISpo. CA I, ; ,. ISSUE DATE (MM/D 3/30/88 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Lj NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, OLAND INTERNATIONAL INSURANCE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. BROKERS, INC. 655 SOUTH HOPE STREET COMPANIES AFFORDING COVERAGE LOS ANGELES, CA 90017 COMPANYLETTER A NATIONAL UNION FIRE INSURANCE CO. COMPANY B INSURED LETTER _. UNION OIL COMPANY OF CALIFORNIA DBA UNOCAL CORPORATION COMPANY C 3 %C7 LETTER P.O. BOX 7600 COMPANY ® 1� LOS ANGELES, CA 90051 LETTER ' I '� 0-\ 11-7 �"- COMPANY LETTER E THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSI 100 INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOC v RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THETERMSEXCL'OSTONS, AND CONDI- TIONS OF SUCH POLICIES. LTR T TYPE OF INSURANCE POLICY NUMBER POLICY EFPECTIVE DATE (MWODIYII POLICY EXPIRATION DATE IMM/ODM') ALL LIMITS IN THOUSANDS GENERAL LIABILITY GENERAL AGGREGATE $ A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ 1 ou CLAIMS MADE ®OCCURRENCE RMGLA2496278 3/31/88 3/31/89 PERSONA: B ADVERTISING INJURY $ EACH OCCURRENCE $ lI1C OIYNER'S 8 CONTRACTORS PROTEC NE FIRE DAMAGE (ANY ONE FIRE) $lIIC MEDICAL EXPENSE (ANY ONE PERSON) $li1C AUTOMOBILE LIABILITY ANY AUTO CSL $ A ALL OWNED AUTOS BODILY SCHEDULED AUTOS 'NJURY (PER PERSON) P HIRED AUTOS RMGLA"2+96278 3/31/88 3/31/89 N°UIR% v NON-OWNED AUTOS ZccIDENT) $ GARAGE LIABILITY PROPERTY ' DAMAGE $ - EXCESS LIABILITY EACH AGGREGATE OCCURRENCE $ $ OTHER THAN UMBRELLA FORM WORKERS'COMPENSATION STATUTORY AND $ (EACH ACCIDENT) Is (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $ - (DISEASE-EACH EMPLOYEE) OTHER C C RGCEIVED DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES/ RESTRICTIONS I Franchise Ordinance SPECIAL ITEMS APR 4 IM No. 1038 Adopted April 16, 1985 aTVCLSRK - SAN LUM OBISPQ. CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. City Of San Luis Obispo PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 990 Palm Street MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE San Luis Obispo, CA 93406-0321 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Attn: Office of the City Clerk LIABILITY OF ANY KIND UPON THE COMPANY, ITSAGENTSOR REPRESENTATIVES. AUTHORIZED REPRESEE T� 01 Kei e . LA JAI ISSUE DATE (MM/DD/YY) ® 3/23/87 CA PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, — EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MARSH & McLENNAN, INCORPORATED COMPANIES AFFORDING COVERAGE P.O. BOX 75055 LOS ANGELES CA 90075 COMPAN LETTERY A NATIONAL UNION FIRE INSURANCE COMPANY (213) 380-1600 INSURED COMPANY LETTER B UNION OIL COMPANY OF CALIFORNIA FERNY C DBA UNOCAL CORPORATION COMPANY D P. 0. BOX 7600 LOS ANGELES CA 90051 LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TIONS OF SUCH POLICIES. TO ALL THE TERMS, EXCLUSIONS, AND CONDI CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS DATE (MMIOONY) DATE (MM/DDNY) EACH OCCURREN AGGREGATE GENERAL LIABILITY . A COMPREHENSIVE FORM BODILY INJURY $ $ PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD GLA 197-9392 3/31/87 3/31/88 PROPERTY DAMAGE $ $ PRODUCfSICOMPLEfED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BI& PD COMBINED $ 1,000 $ 1,000 BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ Incl. AUTOMOBILE LIABILITY BXMLY A ANY AUTO ALL OWNED GLA 197 9392 3/31/87 3/31/88 wjRY �N) $ X AUTOS (PRN. PASS.) BUY IRAIRY $ X (OTHER ALL OWNED AUTOS !OTHER THAN PASS. I (PGR AMDENI) X HIRED AUTOS X NON -OWNED ALTOS PROPERTY DAMAGE $ GARAGE LIABILITY COMBINED Is 1,000 EXCESS LLABILITY UMBRELLA FORM NIA COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION STATUTORY ; -�- AND$� Vr C(l {EAC}!' ACCIDENT) EMPLOYERS' LIABILITY N/A :.(DISEASE=POLICY LIMIT] .•. ,. $ LISEASE-EACH EMPLOYEE) OTHER N/A DESCRIPTION OF OPERATIONS(LOCAnONS/VEHICLES/SPECIAL ITEMS Re: Franchise Ordinance No. 1038 ::Adop C� April A6, 985. • • • City Of San Luis Obispo 990 Palm Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- San Luis Obispo CA 93406-0321 PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL' '10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Attn: Office Of the City Clerk LEFT SHALL IMPOSE of ANN Y D UPON RE THE COMPANY SUCH ,IITS REPREO,SBENTAATI�OR LIABILITY 5 NBUT AGENTS AUTHOR E�SSENNT ME Mar &nn Incorporated UNOCAL Unocal Real Estate Division Gc �� Unocal Corporation 1201 West 5th Street, P. 0. Box 7607 7 8 3 Los Angeles, Califomia 90051 Telephone (213) 977-6334 February 11, 1987 Robert F. Koch City of 'San Luis Obispo President 990 Palm' Street P.O. Box. 8100 San Luis Obispo, CA 93403 Attn: City Clerk Dear City Clerk: Franchise Ordinance No. 1038 Section 14-11 - Annual Report Reference is made to the provisions of Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, granting a franchise to Union Oil Company of California, which requires !that Grantee shall, prior to April 1 of each year, file with the City Clerk a report verified by Grantee's oath describing in detail anyadditions or deletions of pipelines installed and maintained under this franchise. Union Oil Company of California hereby reports that no pipelines were added or removed during the preceding' franchise payment period May 17, 1986 to March 31, 1987, and that such pipeline lengths, as reported last year, continue in effect for the next franchise period April 1, 1987 to March 31, 1988. RFK:ERJ:mh Very truly yours, UNION OIL COMPANY OF CALIFORNIA dba UNOCAL �t ' By R. F. (Koch, President Unocal Real Estate Division RECEIVED ;Gay CITY CLERK SAN LUIS 081Sp0, CA c1cor® . , ISSUE DATE Qy MATP , 3-31-86 `tel `L/ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS & MC LENNAN, INCORPORATED NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, -_,MARSH 3303 WILSHIRE BOULEVARD EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. LOS ANGELES CA 90010 COMPANIES AFFORDING COVERAGE (213) 380-1600 COMPANY A LETTER NATIONAL UNION FIRE INSURANCE COMPANY COMPANY LETTER B INSURED ' C UNION OIL COMPANY OF CALIFORNIA LETTERNY DBA UNOCAL COMPANY D P. 0. BOX 7600 LETTER LOS ANGELES CA 90051 COMPANY E LETTER • THIS IS TO CERTIFY THAT POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, TIONS OF SUCH POLICIES. AND CONDI- CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECnvE POLICY E%PIRA;IDN LIABILITY LIMITS IN THOUSANDS DATE (MMIDDNY( DATE (MMIDDM9 EACH AGGREGATE OCCURREN GENERAL LIABILITY A X COMPREHENSIVE FORM GLA 157 9107 3=31-86 3-31-87 BODILY INJURY $ $ PREMISESIOPERATIONS X UNDERGROUND EXPLOSION &COLLAPSE HAZARD PROPERTY DAMAGE $ $ X PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL 81 a PD COMBINED $ 1 DDO $1,000, X INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $1,000, AUTOMOBILE LIABILITY RoaLY A ANY AUTO GLA 157 910 3-31=86 3-31-87 IWURY (PER PFiw $ X ALL OWNED AUTOS (PRIV. PASS.) MY X ALL OWNED AUTOS OTHER THAN IWURY ACCIMM $ X PRIV. PASS. HIRED AUTOS (PER X NON -OWNED AUTOS p ® A PROPERTY DAMAGE $ GARAGE LIABILITY A��;) 1� BI a PD COMBINED $ Includ d _ I ExcEss LIABILITY MBBRE LA FORMBI ELL S C17),:C: q�`��s' OTHER THAN UMBRELLA FORM C`�R� & PD COMBINED $ $ pO STATUTORY WORKERS' COMPENSATION Cq $ (EACH ACCIDENT) AND EMPLOYERS' LIABILITY (DISEASE -POLICY LIMIT) $ (DISEASE -EACH EMPLOYEE) OTHER i DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/SPECIAL ITEMS Re; Franchise Ordinance Number 1038 adopted April 16, 1985,. I City of San Luis Obispo SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. 990 Palm Street PIRATJ)ON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO San Luis Obispo CA 93406-0321 MAIL-6—DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE p LEFT, BUT FAILURE TO MAR SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATTN: Office of the City Clerk OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Robert F. Koch President 1 - CERTIFIED MAI RETURN RECEIPT REQUESTED Unocal Real Estate Division Unocal Corporation 1201 West 5th Street, P. 0. Box 7600 Los Angeles. California 90051 Telephone (213) 977-6310 UNOCAL 76 57783 Dear City Clerk: March 25, 1986 City of San Luis 990 Palm Street P. 0. Box 8100 San Luis Obispo, Attn: City Clerk Obispo CA 93403 Franchise Ordinance No. 1038 Section 4-11 - Annual Report Reference is made to the provisions cf Franchise Ordinance No. 1038 (1985 Series) effective May 16, 1985, granting a franchise to Union Oil Company of California, which re- quires that Grantee shall, prior to Ppril, 1 of each year, file with the City Clerk a report verified by Grantee's oath describing in detail any additicns or deletions of pipelines installed and maintained under this franchise. Union Oil Company of California herety reports that no Pipelines were added or removed during the preceding fran- chise payment period May 17, 1985 to March 31, 1986, and that such pipeline lengths, as reported last year, con- tinue in effect for the next franchise period April 1, 1986 to March 31, 1987. Very truly yours, UNION OIL COMPANY OF CALIFORNIA dba UNOCIL By R. F. Koch, President Unocal Real Estate Division RFK:ERJ:mh "AR 31 J`o SAAJ LC 7 CLERK UIS Q3/Spp, CA 'Z�Lyiiscrruri ce O Mf O«ICE T4COM�, W65 uN GTON FIDELITY AND SURETY DEPARTMENT FRANCHISE BOND NO. B-53679 KNOW ALL MEN BY THESE PRESENTS, that we, UNION OIL COMPANY OF CALIFORNIA, a corporation, as Principal, and UNITED PACIFIC INSURANCE COMPANY, a corporation, organized and doing business under and by virtue of the laws of the State of Washington, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds, or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto the City of San Luis Obispo, State of California, in the sum of ONE THOUSAND AND N0/100 DOLLARS ($1,000.00) for the payment of which, well and truly to be made, we hereby bind ourselves, our respective successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the City Council of the City of San Luis..Obispo, at its meeting of September 8, 1959, pursuant to Resolution No. 578 (1959 Series), published August 25, 1959, in the San Luis Obispo County Telegram -Tribune, passed Ordinance No. 133 (1959 Series), granting the said Principal a franchise, which will become effective at the expiration of thirty (30) days after its final passage, from time to time to construct, maintain, operate, renew, repair, change the size and number of and remove or abandon - in place pipe lines for the transportation of petroleum; liquid hydrocarbon substances, gas, gasoline, water, waste water, mud, steam and other substances, together with all manholes, valves, service.connections and appurtenances necessary or convenient to properly maintain and operate said pipe lines, including facilities necessary for cathodic protection of said pipe lines, and together with poles, conduits, wires, cables and other appurtenances and equipment for telephone, telegraph and electrical power lines necessary dr convenient for the Grantee's.business, in, under, over, along or across any and all public '.streets, roads, alleys, highways and other public ways now or hereafter dedicated to public use in the City of San Luis Obispo, for the period beginning on the effective date of said franchise and ending twenty-five (25) years thereafter, and subject to the terms and conditions of said franchise which are fully set forth in said Resolution No. 578 (1959$eries) and said Ordinance No. 133 (1959 Series) granting the same.; and WHEREAS, the said Principal, as Grantee of said franchise, is required by the terms thereof to file a bond to said City of San Luis Obispo in the sum of ONE THOUSAND AND N0I100 DOLLARS ($1,000.00) for the faithful performance of the terms and conditions thereof. NOW, THEREFORE,.the condition of this obligation is such that if said UNION OIL COMPANY OF CALIFORNIA shall well and truly observe, fulfill and perform each and every term and condition of said franchise, then this obligation shall be void; otherwise to be and remain in full force and effect; and IT IS STIPULATED that in case of breach of any one or more of the provisions of said franchise orthis bond, then that por- tion of the sum hereinabove named, up to the maximum, equal to the fair amount of the damages resulting from such breach, shall be recoverable jointly and severally from the said Principal and B-1072 General - Band Borden - with Masthead and without Filing Panel F'A I 2 — said Surety. IN WITNESS WHEREOF, the said Principal and Surety have hereunto set their hands and seals this 8th day of October, 1959. jN DX ATt' _r-nMVAMv n= ACL LCLULMTw _ State of California ss: County of Los Angeles October 8, 1959 Norb Schultz , Onbefore me, a Notary Public in and for said County and State, personally appeared Ray J. Cusick , known to me to be the person who executed the within instrument as Attorney -in -Fact on behalf of the UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that said corpoation executed t same. My Commission Expires Se -3+. 25, 1961 My Commission Expires Notary P bllc in and for said County and e 8.2004 Cniifomin- Juret Rev. 8-56 uwnw LAGVUILU in WUAL)nV1-L1UJgir The premium charged for this bond is $10.00 for a five year period. S'I'AiE OF CAI.Za:.T=4 SS. County of Los Angeles //U.,f/l nr :9_ . UNITED PACIFIC No. 35 �au�ance Company/ , FIDELITY AND SURETY DEPARTMENT POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the UNITED PACIFIC INSURANCE COMPANY, a corporation of the State of Washington, having its principal offices in the city of Tacoma, Washington, pursuant to authority granted by By -Law No. 37-A of its By -Laws, which reads as follows: "The President, any Executive Vice -President, any other Vice -President, any Assistant Vice -President, or any Resident Vice -President of this Corporation, shall have authority to appoint in writing such attorneys -in -fact as the business of the Company may require, and to authorize such attorneys -in -fact, and each of them, to execute on behalf of the Company, any bonds, recognizances, stipulations, contracts of indemnity aatd other undertakings of like character, or to exercise any lesser number of said powers as hereinbefore set forth. "Said appointments shall be attested by the Secretary or an Assistant Secretary of this Corporation under its seal: The President, any Executive Vice -President, any other Vice -President, any Assistant Vice -President, or any Resident Vice -Presi- dent may revoke any appointment made pursuant hereto, and revoke any and all authority conferred by any such appointment." does hereby nominate, constitute and appoint 1 its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, The execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Tacoma, Washington, in their own proper persons. IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be 'signed by its....................................Vice-President and its corporate seal to be hereto affixed, duly attested by its Assistant Secretary, this........................................day of ......................................................................... 19........ UNITED PACIFIC INSURANCE COMPANY - Attest ........................................................................................ OMPANYAttest------------------------••--•-------------••----•••...................................... By ...................................................... .� - ..:.......(SEAL) Assistant Secretary Vice -President:. STATE OF County of ............... .._.....-.........--•-•..........._rss. On this................................................day of ........ ..... _....................... _.. _........ _.--,19. before me, the undersigned, a Notary Public in and for the State of ........ __... __....... _._••-_-- _ --_-, duly commissioned and sworn, personally appeared ........................ __.... and............................................................................................ _..----........._--•--.._..-..................._to me known to be the.....---- ---- Vice -President and Assistant Secretary, respectively, of UNITED PACIFIC INSURANCE COMPANY, the corporation that executed the foregoing instrument and aclmowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. Notary Public in and for the State of ------ —_... ................... _....................... STATE OF ___ _ __ _..-----__......_. 1 , J} ss. residing at ........... _................................. -...................... --- Countyof ... _................................. - I, _.._....__-..._.._....._._._._. . ........................ _........................ ............... _. Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the copy of By -Law No. 37-A, set forth in the foregoing instrument, is a true copy of said by-law and now in force, and I do hereby further certify that the Power of Attorney above set forth was duly and regularly executed by said UNITED PACIFIC INSURANCE ffi COMPANY in its usilal form, and that the seal thereto axed is the corporate seal of said Company, and that said Power of Attorney.is in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixal the seal of said Company at the City of ............... Y..: ........ - ........ ............. :...... this........... day of ................................. _.__............. ___..__, A......ss.i.._._.._Sec.e**c"ret`e.t'a....-.....__.....:.-....._._..:.(SEAL) stant ry _ STATE OF _... . .............. .............. _.- -� ss Countyof ........ _.— ..................................... I . ..................................... _..... _... :................................................................. Assistant Secreta of the UNITED PACIFIC INSURANCE COMPAN do herebycertif that the foregoing Secretary y eg mg instrument ;s a true copy of a Power of Attorney duly and regularly issued by said Company, and that the same is still in full force and effect - - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company at the City of _._....... __. _...... ..................... _. this ....$ t}1____ day of ..-•---.-.... . (SEAL) Form 8.1027—Rev. 5.52—General—Power of Attorney _—^^ Assistant Secretary CERTIFIED MAIL RETURN RECEIPT REQUESTED W. H. Cotrel Manager, Property Services Unocal Real Estate D in Unocal Corporation 1201 West 5th Street, P.O. Box 7600 Los Angeles, California 90051 Telephone (213) 977-6447 N N O CA L® xR-56185 57783 Dear Mrs. Voges: January 2, 1986 City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93406 Attn: Mrs. Pamela Voges City Clerk Franchise Bond No. U53679 Reference is made to the expired pipeline Franchise Ordinance No. 133, granted to Union Oil, October 21, 1959 and renewed by Ordinance #1038, effective May 163 1985• Under the new Ordinance. Union filed a new bond with the City dated May 24, 1985, Bond #499 6354, as required under Section 4-6 of said Ordinance. However, Union still has the previous bond still in effect, as required under the old Franchise, Ordinance #133, Bond # U53679 in the amount; of $1,000, which is due for renewal. Since Union has filed a new bond with the City, Union would like. to retire the old bond, therefore, Union needs a statement from the City of San Luis Obispo releasing Union from the obligations under the old franchise and bond. Please respond to the undersigned as soon as possible. Thank you. Very truly yours, W. H. COTR RA By tl E. R. jOkson Supervisor, Leases & Franchises ERJ:mh 19$6 SAN LUIS 8I3PQ, GA Union Real Estate [ ion Union Oil Company of California CERTIFIED MAIL Union Oil Center, Box 7600, Los Angeles, California 90051 RETURN RECEIPT REQUESTED Telephone (213) 977-6447 union 57783 W. H. Cotrel Manager, Property Services Dear Mrs. Voges: June 11, L985 City of San Luis Obispo Office of the City Clerk 990 Palm'Street San Luis Obispo, CA 93406-0321 Attn: Mrs. Pamela Voges City Clerk Franchise Bond No..4996354 Enclosed for your files is Union's Franchise Bond No. 4996354 dated May 24, 1985, from Safeco Insurance Companies, as required under section 4-6, Ordinance NO. 1038 granted to Union on April' 16, 1985, which will become effective May 16, 1985. Best Regards. ECM:mh Enclosure Very truly yours, W. H. COTREL By�/� E. C. Mc racken Property Services Representative �EcE, E, JUN Z ? lMgB J Cly CLFX SAN LUIS 0,QP0, CA n SAFECO INSURANCE COMPANIES SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE. 4747 BROOKLYN AVE. N,E.. SEATTLE. WASHINGTON 99105 Bond No. 4996354 Premium: $ 150.00 KNOW ALL MENBY THESEPRESENTS, That we, MON OIL COMPANY OF CALIFORNIA as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized under the laws of the State of Washington and authorized to transact the business of surety in the State of CALIFORNIA as Surety, are held and firmly bound unto CITY • OF SAN LUIS OBISPO PALM -STREET; P.O. BOX 8100; SAN LUIS OBISPO, CA. 93403-8100 in the just and full sum of TWENTY FIVE THOUSAND AND NO/ 100**** Dollars ($25,000.00********** ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 24th day of May '1985 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the above bounden Principal has applied to the CITY OF SAN LUIS OBISPO A FRANCHISE FOR FACILITIES NECESSARY FOR THE COLLECTION, TRANSPORTATION AND for alicEam DISTRIBUTION OF ALL SUBSTANCES EXCEPT RAIDOACTIVE MATERIAL, USED IN THE PETROLEUM INDUSTRY ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS, AND ALLEYS. pursuant to the terms of Ordinance No. 1038 and any amendments thereto, and is required by the terms of said Ordinance to furnish a bond conditioned as in said Ordinance. NOW, THEREFORE; If the said Principal UNION OIL COMPANY OF CALIFORNIA fully comply with all provisions of Ordinance No. 1038 and any amendments thereto State of County of California SS. Los Angeles OFFICIAL SEAL JEAN K ALLEN NOTARY PUBLIC -CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Expires July 1, 1988 On this the 6th day of June shall 19� before me, Jean H Allen the undersigned Notary Public, personally appeared Joseph Byrne, Vice President & R. P. Van Zandt, Asst. Secretary of Union Oil Company of California Cx personally known to me El proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument as respective officers /4r on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. signature CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION• 23012 Ventura Blvd. • Wootlland Hills, CA 91364 KNOW ALL BY THESE PRESENTS: POWER OF rSAFECO INSURANCE COMPANY OF AMERICA ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 6901 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ------- –KAREN J. BRIGGS its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 17th day of January 19 84 W. O.­aWNCPi:P..EE'Ef TAJ.�� y, � C.INN.JN. 1'11111OCNT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business ... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, W.D. Hammersla, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, andthat both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation., ti C041.P4 � 19 S FF s 9 N I S r� 19 53V alf 7F WAS%N this 24th E coMP�y` COUCRATE SEAL s X 01 PdasV% day of IN ., j 5-976 R9 9/81 POINTED IN USA. %O1 • ISSUE DATE (M ® 6/3/85 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, —' EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. MARSH 6 MCLENNAN, INC. POST OFFICE BOX 75055 COMPANIES AFFORDING COVERAGE LOS ANGELES, CA 90075 COMPANY A LETTER NATIONAL UNION FIRE INS. CO. COMPANY s INSURED LETTER UNION OIL COMPANY OF CALIFORNIA Lia Y C UNION OIL CENTER CEANY D LETTR BOX 7600 LOS ANGELES, CA 90051 COMPANY IE LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI- TIONS OF SUCH POLICIES. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS EACH OCCURRENCE AGGREGATE DATE (MMIDD/YY) DATE (MM/DDN11 GENERAL LIABILITY X COMPREHENSNE FORM BODILY INJURY $ $ A X X PREMISES/OPERATIONS UNDERGROUND GLA 960-1543 3/31/85 3/31/86 DPROPERTY AMAGE $ $ EXPLOSION d COLLAPSE HAZARD X PRODUCTSICOMPLETED OPERATIONS X CONTRACRIAL COMBINED $ 1,000 $1,000 X INDEPENDENT CONTRACTORS X BROAD FORM PROPERTY DAMAGE X PERSONAL INJURY PERSONAL INJURY $13000 AUTOMOBILE LIABILITY BODILY ANY AUTO 1 PEIimA7 $ A ALL OWNED AUTOS (PRN. PASS.) GLA 960-1543 3/31/85 3/31/86 WDILY (OTHER THAN) ALL OWNED AUTOS PRN. PASS. / "Lwin B'ER ADIDENT) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY COMBINED $ INCLUDI D EXCESS LIABILITY BOE UMBRELLA FORM CI- COMBINED $ $ OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND U* 00 ® STATUTORY $ (EACH ACCIDENT) (DISEASE -POLICY LIMIT) EMPLOYERS' LIABILITY ,Q- C '"(JS 1$ (DISEASE•EACHEMPLOYEE) OTHER sog�s� DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: FRANCHISE ORDINANCE NUMBER 1038 ADOPTED APRIL 16, 1985. CITY OF SAN LUIS OBISPO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- 990 Palm Street, PIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 49 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE San Luis Obispo, CA 93406-0321 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ATTN: Office of the City Clerk AUTHORIZED REPRESENTATIVE d_--^— E�7 • T MARSH & ` - ' 0 Robert F. Koch President CERTIFIED MAIL RETURN RECEIPT REQUESTED Dear Mrs. Voges: Union Real Estate ision Union Oil Company -of California Union Oil Center, Box 7600, Los Angeles, California 90051 Telephone (213) 977-6310 union 57783 May 8, 1985 City of San Luis Obispo Office of the City Clerk 990 Palm Street San Luis Obispo, CA 93406-0321 Attn: Mrs. Pamela Voges City Clerk Re: Ordinance No. 10.38 Reference is made to Ordinance No. 1038 of the City of San Luis Obispo granting a pipeline franchise to Union Oil Company of California. Pursuant to Section 4-2 of said Ordinance, Union Oil Company of California hereby accepts said franchise and agrees to comply with all the provisions thereof. RFK:ECM:mh Very truly yours, UNION OIC COMPANY OF CALIFORNIA BY �\(/I\/�� R. F. Koch, President Union Real Estate Division � 1��hIi�111jIYIIIIIIII yl city f- S� ._..`a�S OBISPO / MEETING OATS: illlll C� Q April 16 1985 COUNCI EN®�► REPORT ITEM N`I : FROM: David F. Romero Wayne A:—p on Public Works Direct r City Engineer SUBJECT: Union Oil Franchise CAO RECOMMENDATION:. Give final passage to Ord_nance>ido. 1035 grarting a. franchise to ` Union Oil Company as recommended. BACKGROUND: The current Union Oil Franchise expires on April 21, 1985. At the April 2, 1985 Council meeting the Council passed to print the attached ordinance granting Union Oil a 25 -year franchise. The staff reports for the March 19th and April 2nd meetings are attached. They:explain.the-details'of the franchise. The ordinance has been advertised as required. As of the time this staff report was prepared no comments have been received from the public. FISCAL IMPACT: Approval of the new franchise will increase the city's annual income from Union Oil by about $5,000.00. The income for future years is indexed and so may increase. CONCURRENCE: All involved City departments recommend approval. RECOMMENDATION: Give ficial- passage= to- Or. -1 a -^ance,_No. 1038 granting f-ranchise to - Union Oil Company as recommended. Attachments: 1 - Ordinance 2 - Staff reports 3/i9 and 4/1/85 by ,1H�i�tiI1111IIII�p011111� 1 Ty f MEETING DATE: C� O Shc'1 ��..IS OB1SpO April 2, 1985 ITEM NU MBEA: COUNCIL ►GEN— 44zA REPORT FROM: David F. Romero Wayne A. Peterson Public Works Director r;, -,r F„n;, e, :ice SUBJECT: Union Oil Franchise CAO RECOMMENDATION: Pass to Print the Attached Ordinance Granting a Franchise to Union Oil Company BACKGROUND: At the March 19; 1985 Council meeting; Staff was directed to negotiate a revision in the proposed franchise which would require Union Oil to relocate their pipelines over San Luis Obispo Creek at Elks Lane. Staff was also to address the term for the franchise and add a requirement for Union Oil to notify the Public Safety Department prior to conducting emergency work. To accomplish the above; staff --with Union Oil concurrence --has inserted a paragraph (Section 4-8) which requires Union Oil; as a condition of this franchise, to relocate the two 8 -inch lines under the creek to the mutual satisfaction of both Union Oil and the City; within three years from the date the franchise is accepted. Note that Section 4-1 requires Union Oil to accept this franchise within thirty days of the Council's granting it. Added to Section 4-3 is the requirement that Union Oil must notify the Public Safety Department by calling 911 prior to doing any emergency work. Attached is a letter from Union Oil explaining why they need a 25 -year franchise. Union Oil feels quite strongly that they need the 25 -year franchise for good management and budgeting guidance. The major capital facilities they are protective of are the facilities at either end of the pipeline. Loss of the franchise and/or pipeline would have a serious impact on their ability to transport products safely and economically between their facilities. A shorter term franchise would allow changes in the agreement to reflect changed conditions. What these might be is hard to imagine since the proposed franchise provides for: (1) A fee adjusted annually based on inflation; (2) Compliance with City; State and Federal laws dealing with health; safety and welfare issues; (3) Denial of permits to install pipelines where they will interfere with public uses or create a dangerous condition; (4) Relocation of pipelines that interfere with the public needs. Staff is comfortable in recommending the 25 -year term for the franchise because as shown it does respond to changing conditions. �►►►�niruiV;illillll �p1ilUll city of San :.s osIspo COUNCIL AGENDA REPORT Union Oil Franchise Meeting of April 2, 1985 Page 2. CONCURRENCE: The City Attorney and Public Works Department concur with the changes to this ordinance as now submitted. RECOMMENDATION: Council should pass to print the attached Ordinance granting a franchise to Union Oil. Attachments: 1 - Staff report for 3-19-85 meeting 2 - Draft Ordinance 3 - Letter from Union Oil 4 - Map by r r•.1.jri t o4 1 CO F/ of �C � S�;OI �1r� � H. Cotrel Vet. -_�arrty Smium Dear Mr. Peterson: Union Real Estate Division Union Oil Company of California Union Oil Center, Box 7600, Los Angeles, California 90051 Telephone (213) 977-6447 March 25 s 1985 City of San Luis Obispo Public Works Department Engineering Division 990 Palm Street San Luis Obispo, CA 93406-0321 Attn: Mr. Wayne A. Peterson City Engineer He: City of San Luis Obispo Grant of Pipeline Franchise to Union Oil Company of California__ On March 19, 1985, when the City Council of San Luis Obispo considered the grant of a pipeline franchise to Union 011 Com- pany of California, the issue of the appropriateness of a 25 -year term was raised. This letter is to confirm the importance to Union of a 25 -year term. Union has trade and will continue to make capital improvements to refineries and other facilities which are based in large measure on the confidence that pipelines are available to trans- port our product. It is essential to our long range planning that we know for how long .we can count on. the franchises granted to us by local Jurisdictions, like the City of San Luis Obispo, The system which is within the City is particularly important to our entire coastal area operations. . Furthermore, the relocatior►,of Union's pipelines at San Luis Obispo Creek and Elks Lane requires•a substantial expenditure which'Union considered carefully. In agreeing with the City's Proposal to relocate the pipelines, Union assumed that the City would consider the cost to Union and would look favorably upon the grant of a 25 -year term in the franchise to Union. Mr. Wayne Peterson City of San Luis Obispo March 25, 1985 Page No Please be assured that Union has done and'will continue to do all we. can to be good corporate citizens, It is in that spirit that we have agreed to relocate our pipelines. In that same spirit we'respectfully ask that you recommend the requested 25 -year terns to the City Council for the above reasons. ECM :zh Very truly yours, W. H. COTREL B- CA;A /9- -.t'Z`. cCrac en Property Services Representative i END OF UNION OIL L WITHIN CITY LIMITS r.. � vnwn• OIL LINES WITHIN CITY LENGTHS OF PIPE IN FR.ANCISE AREA 6" = 17757' 8"= 25035' 12°= 514' vo.vn VLL LII�CS WITH PRIOR RIGHTS ( PIPE LINES IN AREAS ILv WITH PRIOR RIGHTS ARE NOT INCLUDED) Revised 3/26/85 Union Real Estate —' vision Union Oil Company of California Union Oil Center, Box 7600, Los Angeles, California 90051 Telephone (213) 977-6310 MEETING ' AGENDA J APR 18 '86 V�1®n DATE57783 ITEM # Robert F. Koch April 11, 1985 President Dear Mr. Picquet: Mr. Roger Picquet City Attorney City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93406-0321 Compliance with Pipeline Franchise Reference is made to the ordinance which the City Council of the City of San Luis Obispo shall prospectively adopt on April 16, 1985, granting a renewal pipeline franchise to Union Oil Company of California (Union). The new franchise will replace.the franchise held by Union under Ordinance No. 133, adopted.on September 8, 1959, which would have expired on October 20, 1984, but which was extended through April 21, 1985, by Or- dinance No. 1024 (1984 Series), adopted on October 2, 1984. We under.s:tarid1that the new franchise, ifadopted on April 16, 1985, will not become effective until May 16, 1985:..,•In•th s, connection, please be advised that Union does hereby agree that, following the expiration of the -current franchise, Union shall continue to fully comply with all of the provisions thereof, as if the same were still in full force and effect, through May 16, 1985, or such other date as the new franchise shall become effective. Very truly yours, UNION OIL COMPANY OF CALIFORNIA By V v � R. F..Koch, President •Union.Real Estate Division RFK:WHC:mh cc: Mr. Wayne A. Peterson City Engineer RECEIVED APR 12 1985 OFFICE OF CITY ATTORNEY (V No. A 10 In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION City of San Luis Obispo STATE OF CALIFORNIA, ) )} ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above -entitled _ Matter ; I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of the SAN LUIS OBISPO �+ san uis oBtspo CITY COUNCIL PUBLIC HEARING UNION OIL FRANCHISE The San Luis Obispo City Council continued its public hearing to consider grant'uu��8g a franchise to Union Ol Company. The proposed franchise may be reviewed in City Clerk's Office. between the hours of 8 a.m. and 5 p.m.' The report including recom- mendations by staff will be available for review in the City Clerk's Office on the Friday before the meeting. �,� COUNTY TELEGRAM -TRIBUNE, a newspaper of general cir- . Palm Streetm guy nau, 7yu. The public is welcome to attend and comment. Writ. ' culation, printed and published daily, Sundays excepted, at ten comments are enraur- aged. For more information;' ea pse contact the Engin-" eerin Department at the City of San Luis Obispo in the above named county and 549-7 Ga. Pamela Vq es City Clerk 's A5936 state; that Public of which the annexed clipping is a true printed copy, was published in the above-named newspaper and not in any supplement thereof — on the following dates, to -wit: March. 26, 1985 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, under the provisions of Chapter 1, Division 7, Title 1 of the Government Code of the State of California. I certify (or declare) under penalty of perjury that the fore- going is tru and correctA__1T(SMgnat_ure _ � of Principal Clerk) Date March 26 85 __....__, 19 __ w 1.14 .Z Vf (D CL w 54 9 (D (D 0 9 �►►�I����►iluliflllll�P �iIUIII city of San was OBIspo COUNCIL AGEIN REPORT arcc ISE' 1985 ITEM NUIPSER: FROM: David F. Romero �� Wayne A. Peterson If - Public Works Director City En ineer_� SUBJECT: Union Oil Franchise CAO RECOMMENDATION: Pass to Print the Attached Ordinance Granting a Franchise to Union Oil Company BACKGROUND: Last fall the franchise with Union Oil expired. The franchise was for 25 years and had been preceded by other long-term franchises going back to the early part of this century. Staff had been working with.Union Oil on a new franchise but was unable to complete a document acceptable to both parties. Consequently the Council did grant a 6 -month extension of the franchise. This extension expires April 21, 1985. Staff from both parties have met several times and are now able to recommend the attached franchise. In brief, this franchise is for 25 years and provides for: 1) a fee structure which relates to the length and diameter of pipeline in the city; 2) the change in the value of money over the years; 3) addresses Union Oil concerns relative to their "prior rights"; and 4) requires that Union Oil comply with our permit process when doing work on their facilities and street right-of-way. DISCUSSION OF TERMS The twenty=five-vear'term is consistent with franchises granted by other public agencies in California. Some are for longer periods, but staff was unable to find any for a shorter period of time. Considering the value of Union Oil's plant investment they could not consider a lesser time limit. Safety requirements are addressed by requiring Union Oil to comply with all city, state and federal laws. The state already has laws requiring Union Oil to: (1) Provide leak detection and repair; (2) Pressure test; (3) Inform local Fire Department about the system; (4) Notify local Fire Department of operating problems. State law, with authorization of the State Fire Marshal, allows the city to enforce these laws. The city fire department has accepted these responsibilities and does issue permits for work on or within the same street as the Union Oil lines. /w i►�h�►rIillVlllllll� I►j,1 C1ty o f san L ,s OB>Ispo COUNCIL AGENDA REPORT Union Oil Franchise Meeting of 3/19/85 Page 2. Permits -are -required for any construction or maintenance activity within the street whether in an area covered by Prior Rights or in an area covered by this franchise. An annual fee will be paid the city. The basis of the fee is the size and length of pipelines within the franchise areas. The initial fee is 12 cents per foot for pipes 8" in diameter or smaller and 12 cents plus 2 cents per inch over 8" for larger pipes. This fee is to be modified annually dependent upon the "wholesale producer price index." This index is maintained by the U.S. Bureau of Labor Statistics and is to the business sector what the Consumer Price Index is to the public sector. The franchise recognizes Prior Rights. These are rights to operate and maintain a pipeline that existed before the street easement was created. When right-of-way is dedicated within a subdivision or when it is purchased, any prior easement must be observed unless it is either relinquished, purchased or is eliminated because of terms of the original easement. The area covered by "prior rights" are described on the attached map. Under law Union Oil may continue to use these easements as long as they comply with the terms of the easement. Union Oil also has easements through private property including city property. These easements also are not covered by this franchise. The franchise only applies to use of public right-of-way by Union Oil for pipeline purposes as described. Roadway Changes --This ordinance addresses the responsibility of Union Oil if the City should desire to make changes to the roadway or its facilities in the roadway. Essentially Union Oil must adjust their facilities to work with ours. This is true in all areas covered by the franchise. In areas where Union Oil has prior rights we and they must abide by the prior agreements. The City now has copies of these agreements on file. Process - The City Charter Article 10 provides guidance to the city on how it may grant this franchise. This process was begun on February 19, 1985 when the Council passed a resolution to grant a franchise to the Union Oil Company. The next two steps follow the standard ordinance enactment procedure. FISCAL IMPACT: Implementation of this franchise will -increase annual revenue from $682.00 to an estimated $4,657.00. ►�►►�+r�iiiii�IIIIIIIII �� i �Ulll city Of San AS OBS SPO OftZe COUNCIL AGENDA REPORT Union Oil Franchise Meeting of 3/19/85 Page 3. CONCURRENCES: Other city departments have reviewed this franchise and concur with the staff recommendation. These departments are: Police; Fire; Community Development, Public Works, Attorney and Finance Department. RECOMMENDATION: Council should pass to print the attached Ordinance granting a franchise to Union Oil. by l-3 ►►►►���Ni��lllllllll�p1►I�III city of San L.iS OBISp0 Eiis COUNCIL AGENDA REPORT FROM: David F. Romero Wayne A. Public Works Director !22 City Eng SUBJECT: Union Oil Franchise CAO RECOMMENDATION: BACKGROUND: MEETING DATE: Feb. 19 1985 ITEM NUMBER: � J_ Adopt resolution of intenti1n�`to - `'r -'' P grant franchise to'Union OOil Company as recommended. Last fall the franchise with Union Oil expired. The franchise was for 25 years and had been preceded by other long-term franchises going back to the early part of this century. Staff had been working with Union Oil on a new franchise but was unable to complete a document acceptable to both parties. Consequently the Council did grant a 6 -month extension of the franchise. This extension expires April 21, 1985. Staff from both parties have met several times and are now able to recommend the attached franchise. In brief; this franchise is for 25 years and provides for a fee structure which relates to the length and diameter of pipeline in the city, the change in the value of money and addresses Union Oil concerns relative to their "prior rights." DISCUSSION OF TERMS The twenty=five-year-term is consistent with franchises granted by other public agencies in California. Some are for longer periods; but none I was able to find was for a shorter period of time. Considering the value of Union Oil's plant investment they could not consider a lesser time limit. Safety requirements are addressed by requiring Union Oil to comply with all city, state .and federal laws. The state already has laws requiring Union Oil tos (1) Provide leak detection and repair; (2) Pressure test; (3) Inform local Fire Department about the system; (4) Notify local Fire Department of operating problems. State law with authorization of the State Fire Marshal allows the city to enforce these laws. Permits are -required for any construction or maintenance activity within the street.whether in an area covered by Prior Rights or in an area covered by this franchise. An annual -fee will be paid the city. The basis of the fee is the size and length of pipelines within the franchise areas. The initial fee is ►�►��inu►I�illlllllli��I�UIII city of San is OBISp0 E IMA mia COUNCIL AGENDA REPORT Union Oil Franchise Meeting of 2/19/85 Page 2. 12 cents per foot for pipes 8" in diameter or smaller and 12 cents plus 2 cents per inch over 8" for larger pipes. This fee is to be modified annually dependent upon the "wholesale producer price index." This index is maintained by the U.S. Bureau of Labor Statistics and is to the business section what the Consumer Price Index is to the public. The franchise recognizes Prior -Rights: These are rights to operate and maintain a pipeline that existed before the street easement was created. When right-of-way is dedicated within a subdivision or when it is purchased; any prior consent must be observed unless it is either relinquished; purchased or is eliminated because of terms of the original easement. The area covered by "prior rights" are described on the attached map. Under law Union Oil may continue to use these easements as long as they comply with the terms of the easement. Union Oil also has easements through private property including city property. These easements also are not covered by this franchise. The franchise only applies to use of public right-of-way by Union Oil for pipeline purposes as described. Process - The City Charter Article 10 provides guidance to the city on how it may grant this franchise. Section 1002 requires the City Council to "pass a resolution declaring its intention to grant" a franchise. The Resolution sets a date for a public hearing. Special advertising is also required. Passing the attached Resolution will get the process started. FISCAL -IMPACT: Implementation of this franchise will drastically increase revenue from $682.00 to an estimated CONCURRENCES: Other city departments have reviewed this franchise and concur with the staff recommendation. These departments are: Police; Fire; Community Development, Public Works, Attorney and Finance Department. RECOMMENDATION: Council should adopt,__ attached resolution of intention declaring the intention to grant a franchise for Union Oil. by ORDINANCE NO. 1024 (1984 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO EXTENDING THE TERM OF A FRANCHISE PREVIOUSLY GRANTED TO UNION OIL COMPANY OF CALIFORNIA WHEREAS, the City Council of the City of San Luis Obispo, in the County of San Luis Obispo, State of California, does ordain as follows: SECTION 1. EXTENSION OF FRANCHISE: That Franchise previously granted to Union Oil Company of California for the operation and maintenance of a pipeline and related services is hereby extended six (6) months and shall expire on April 21, 1985. SECTION 2. TERMS & CONDITIONS: All other terms and conditions of the prior franchise shall remain in full force and effect. = SECTION 3:` EFFECTIVE DATE: ::This ordinance, -together with•the-ayes and noes; shall be published once in full, at least three (3) days prior to its final passage, in the Telegram -Tribune, a newspaper published and circulated in said city, and the same shall go into effect at the expiration of thirty (30) days after its said final passage. INTRODUCED AND PASSED -TO -PRINT by the Council of the City of San Luis Obispo at a meeting thereof held on the 2nd_ day of October , 1984, on motion of Councilman Settle seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None 0 1024 Ordinance No. 1024 (1984 Series) Page 2 * APPROVED: City Administrative 0 ficer... City Att -ey /L_ lei Public Works Director ORDINANCE NO. 1024 (1984 Series) FINALLY PASSED this 16th day of October , 1984, on motion of Councilman Settle , seconded by Councilman Griffin , and on the following roll call vote: AYES: Coimcilmmbers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None ATTEST: — Z'Z' City Clerk Pamela 6oges ���n��b�i►I�IIIIIIIIIP� lllllll city of San.,- Is OBISpo COUNCIL A%EQ FROM: . `."`°`1" 21-W( rrepar Public Works Director SUBJECT: Union Oil Franchise Extension MEETING DATE: Oct. 16, 1984 DEPORT d by: Wayne A. Peterson City En¢ineeer v CAO RECOMMENDATION: Staff recommends that Council finally pass an Ordinance granting to Union Oil Company a six-month time extension of its cdrrent 25 -year franchise. BACKGROUND: At the October 2, 1984 Council meeting, the Council considered and passed to print this Ordinance. The Ordinance is required to provide for an extension of the current Union Oil Franchise for an additional six months. This will allow staff to work out certain details on a new franchise which will be brought before the Council in a few months. The condition of the franchise for this time extension are exactly the same as the condition of the franchise which it is: extending. FISCAL IMPACT: Extending the current franchise and not replacing it with a new one means that the City will not benefit at this .time from increased franchise fees which it will receive under the new franchise. Since we are talking about a relatively short time period compared to that which the new franchise will cover, this is not considered to be significant. STAFF CONCURRENCES: The franchise was reviewed by the City Attorney and Public Works Department and found acceptable. RECOMMENDATIONS: Staff recommends that the Council pass finally the attached ordinance granting a franchise to Union Oil, extending the current franchise an additional six months. Attachments: 1 - Draft ordinance 2 - Oct. 2, 1984 Agenda Report 3 - Sept. 18, 1984 Agenda Report by ��illi�l�llih II�IIII������ pll�Hllulil Cit! of San WIS OBISPO OFFICE OF THE CITY CLERK • 990 PALM STREET Post Office Box 321 • San Luis Obispo. CA 93406.0321 • 8051549.7100 October 8, 1984 E. R. Jackson, Property Representative Union Oil Company of California Union Real Estate Division Union Oil Center Box 7600 Los Angeles, CA 90051 Dear Mr. Jackson: At its meeting of October 2, 1984, the San Luis Obispo City Council introduced Ordinance No: -1024 (1984 -Series). to print, an ordinance -- of the City of San Luis Obispo extending the current 25 -year franchise with Union Oil Company by six months to allow for the completion of the new franchise documents. This ordinance is scheduled to come before the City Council for final passage on October 16, 1984. A copy of the ordinance has been enclosed for your files. Should you have additional questions, please feel free to call. Si erely, amela Voges City Clerk PV:eg Enclosure cc: Dave Romero, Public Works Director Wayne Peterson, City Engineer �I��►i�itiN►►VIIIIIIIIU►'��IIII city of San tins OBISp0 ilii% COUNCIL AGENDA REPORT FROM: David F. Romero Prepared by: Public Works Director / SUBJECT: Union Oil Franchise /yam ?F 0Te "Y,': 1984 ITEM MBEP Wayne A. Peterson CAO RECOMMENDATION: Introduce ordinance to print extending the current franchise with Union Oil Company by six months to allow the completion of the new franchise documents. BACKGROUND: The current twenty-five (25) year old franchise allowing Union Oil to use public street right-of-way for their pipe lines expires this month. Staff has been working with Union Oil on a new franchise during the past six (6) months...... Staff has written the new franchise in such a way that many of the understood but not written terms of the previous franchise .are now clearly delineated. This focusing of the document has resulted in a need for Union Oil to research and document the status of all its right- of-way in the city. They estimate that it will take them three to four months to do this. The final franchise will then need to be revised to reflect this documentation. RECOMMENDATION: Staff recommends that the current franchise be extended six (6) months to allow the completion of the new documents. FISCAL IMPACT: The city will not enjoy the increased revenue provided by new more current fran- chise fees for another six (6) months. In light of the fact that this franchise will be for a minimum of twenty-five (25) years, it seems more prudent that we ba willing to forego these fees and assure ourselves of a clear concise document. CONCURRENCES BY OTHER DEPARTMENTS: The City Attorney Office and the Finance Department both concur with this recommendation. jg Union Real Estate C ;on SIG'; W" 19 e 6n Union Oil Company of California Union Oil Center, Box 7600, Los Angeles, California 90051 Telephone (213) 977-6447 57783 union ■ ■ RECEIVED SEP 1 3 1984 W. H. Cotrel Manager. Property services Dear Mayor and Council Members: September 7, 1984 The Mayor and the Honorable City Council of the City of San Luis Obispo San Luis Obispo, California 93401 Attention: Mr. -Wayne Peterson City Engineer Request for Six (6) Month Extension of Franchise Ordinance No. 133 Adopted September 8, 1959 Expires On October 20 1984 As you are aware, Franchise Ordinance No. 133, adopted September 8, 1959, is due to expire by its own terms on October 20, 1984. Further- more, Union Oil Company .(Union) requested by application on May 15, 1984, for the right to acquire another franchise from the City of San Luis Obispo. The City has adopted Resolution No. 5456 (1984 Series) dated August 21, 1984, filing a "Notice of Intention to Grant a Pipeline Franchise to Union Oil Company of California" with the San Luis Obispo County (California) Telegram -Tribune, setting a public hearing date of September 18, 1984, for the purpose of hearing any persons having any interest or objections to the granting of said franchise. However, in regard to the above, a meeting between Union represent- atives and Mr. Roger Picquet, City Attorney, and Mr. Wayne Peterson, City Engineer, was held on September 6, 1984, to discuss the terms and conditions of the City's proposed franchise ordinance. Although both parties are in general agreement upon the language of the franchise, the City is now requesting further information regarding Union's prior rights in City streets. Therefore, Union respectfully requests an extension of its existing Franchise Ordinance No. 133 for an additional period of six (6) months until April 20, 1985, in order to allow sufficient time for Union to supply the information requested, also allowing adequate, review of the proposed changes to the franchise ordinance.. Cr_ 1_3 The Mayor and the nonorable City Council September 7, 1984 City.of San Luis Obispo Page 2 Union will abide by all conditions of the existing Franchise and, upon acceptance of the new Franchise by Union, will pay to the City such payments, as required, retroactive to the expiration date of Ordinance No. 133; and after the new Franchise shall have become effective, the Ordinance granting the extension, shall terminate. I If you have any questions about this above notice, call Mr. E. R. Jackson at (213) 977-6596. Very truly yours, W. H. COTR/EE-L syi4_ E. R: Jacks n Property `Re.presentative ERJ:vn c -!F- y �/r MEFING DATE: �i��h��tl1<«NIIII<II4��u��lllllll city of san Lais oBispo Sept. 18 1 ITMA All IkAOCO• 2-/ w In The Superior Court of The State of California In and for the County of San Luis Obispo AFFIDAVIT OF PUBLICATION No. City_of San_Luis Obi apo __.__.-._, STATE OF CALIFORNIA, ) )} ss. County of San Luis Obispo I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above -entitled Matter I am now, and at all times embraced in the publication herein mentioned was, the principal clerk of the printers and publishers of the SAN LUIS OBISPO COUNTY TELEGRAM -TRIBUNE, a newspaper of general cir- culation, printed and published daily, Sundays excepted, at the City of San Luis Obispo in the above named county and state; that _ Resolution No. 5456_____ of which the annexed clipping is a true printed copy, was published in the above-named newspaper and not in any supplement thereof — on the following dates, to -wit: Aug. 28, 1984 that said newspaper was duly and regularly ascertained and established a newspaper of general circulation by Decree entered in the Superior Court of San Luis Obispo County, State of California, on June 9, 1952, under the provisions of Chapter 1, Division 7, Title 1 of the Government Code of the State of California. I certifv (or declare) under penalty of perjury that the fore- goingis true nd correct. (Signature of PrincfpaF (tlerk) Date Aug • 28 , 19 84 OYoJ' san lull OBlspo, arrni lrmm ain r;a%& the Citi. of S follows:p Sechqgpp2 o 1. tion 1®f City -of t5an Lu Council_heret tentiob togra'. Comply of chise the sfructin mi ing, an re` together witl graph and ele necessary or ion Oil to co under over a and all public and other pu hereafter dedi in the City of ­I e Union Oil ornia has re - its franchise; - City Councit in the public i franchise for e Union Oil nia. ORE, BE IT e Council of uis Obispo as want to Set - of any + rays '• or use lon September 18, 1984 at 7:05 P.M. Said public hearing I shall be for the purpose of 4444_ hearing any persons having any interest -in or ob'ection .to the granting of. said franchise. Said Pill granting shall be not less than twenty (Zt)) Sys nor more than sixty (60) days after the pa a of this resolution. So ion 2. The City Clerk is herebydirected to publish this resolution at least once within fifteen (15) days of thepp.¢saga thereof in a newspaper nit tthhe nyea. =y."87c Dunm, Dovey. Gri Billig 9 Noes: None 7 Absent None U The foregoing i passed ayyo fAungust 198 s/MELANIE C. BILI Mayor ATTEST: sIPAMELA VOGES City Clerk Aug. 28. 1984 ers Settle, and Mayor dv38341 0. -41 0 01 �fl►►u�►IIIIII���n=►IIIIIII city of San L I S OBISPO COUNCIL AGENDA REPORT FROM: Geoffrey L. Grote, Assistant Administrative Officer SUBJECT: Union Oil Company of California Franchise CAO RECOMMENDATION: �y r MEETING DATE: 8-21-84 ITEM NUMBER: dO� Adopt resolution of intention to grant a franchise to -the = , Union Oil Company of California,and setting public hearing for September 18, 1984, at 7:05 p.m. BACKGROUND: In 1958 the City Council passed Ordinance No. 133 (attached for your review) which granted the Union Oil Company of California a 25 -year franchise. This franchise allows Union Oil to construct, maintain, operate, repair, remove or abandon pipelines for the transportation of petroleum, liquid hydrocarbon substances, gas, water, wastewater and other substances. In addition, they are also allowed facilities necessary for telephone, telegraph, electrical power lines, etc. This franchise expires October 20, 1984. By letter of May 15, 1984 the Union Oil Company has requested that this franchise be renewed (letter attached for Council review). The charter of the City of San Luis Obispo (section 1002) requires that the Council hold a public hearing on the granting of all franchises and that said hearing be noticed at least twenty (20) days in advance. In addition, section 1002 requires that the council pass a resolution declaring its intention to grant a franchise and in that resolution fix the day, hour and place where persons having any objection or interest may be heard. The attached resolution fulfills this charter requirement. On September 18, 1984 staff will present council with a report on the operation of this franchise. As part of that report the Fire Department will examine the implications of more recent thinking on hazardous materials as they relate to the pipelines held under this franchise. GG:mp Attachments: Resolution for adoption Ordinance No. 133 Letter from Union Oil Co. dated 5-15-84 Union Real Estate ision Union Oil Company of California CERTIFIED MAIL Union Oil Center, Box 7600, Los Angeles, California 90051 RETURN RECEIPT REQUESTED Telephone (213) 977-6310 L'C PZ�lSioer 8 union 577 3 Robert F. Koch President Dear May 15, 1984 The Mayor and The Honorable City Council of The City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Mayor and Council Members: Application by Union Oil Company of California for Pipeline Franchise Union Oil Company of California, a California corporation having its principal place of business in the Union Oil Center, P. 0. Box 7600, Los Angeles, California 90051, hereby makes application to your Honorable Body for the right, franchise and privileges from time to time to lay, construct,.maintain, operate, repair, renew, change the size of, and remove or abandon in place a pipeline system for the transportation of gas, petroleum oil and liquid hydrocarbon products thereof, and other substances, together with all manholes.i..valves, service connections and appurtenances necessary or convenient for the maintenance and operation of said pipelines, including any facilities necessary for cathodic protection of said pipe- lines, for the term of twenty-five (25) years from and after the date upon which such franchise shall become effective, in, under, along and across those certain public streets in the City of San Luis Obispo in which applicant now maintains and operates pipelines, and inall those other streets, alleys, and other public places in the City of San Luis Obispo in which applicant from time to time shall make application for permission to place additional pipelines, subject, however, to 'the requirements of acquiring the necessary excavation permit therefor. The existing pipelines are located as shown on the attached maps marked Exhibit A, and are presently maintained under the City of San Luis Obispo Franchise Ordinance No. 133, adop- t6d September 8, 1959• This Ordinance expires on October 20, 1984. City of San Luis Obispo Application for Pipeline Franchise May 15, 1984 Page Two It is respectfully requested that your Honorable Body adver- tise the fact of this application, together with a statement that it is proposed to grant the desired franchise in the manner and time prescribed by law, and that after the new franchise shall have become effective, the franchise granted by Ordinance No. 133 shall terminate. Shculd you have any questions, please call Mr. E. R. Jackson at (213) 977-6583• Very truly yours, UNION OIL COMPANY OF CALIFORNIA By R. F. Koch, President Union Real Estate Division RFK:ERJ:zh Attachment cc: Wayne Peterson City Engineer City of San Luis Obispo /,4TANK ►ARM RD. LINE -435'= OA82Ml.UNE- 435'■ 0.082 M1. 09 - 120 PROD. LINE- 514's 0.097 Mi. /e s 1 �8"O I L - 5206 • 0.986 M I. ! ✓ 12':'P7D- 514: 0.097 MI. 0 n f DATE MATCH IRL sr _I S EXHIBFt A CITY OF SAN LUIS OBISPO ORD. NO 133 UNION OIL COPfPANY OF CALIFORNIA OIL N0.2 LINE -855'=0.162 MI. 'A NO.ILINE-3481'■ 0.659 MI. 1 DRAWN N_H_CKD APP'D. SCALE_._ N° I DATE 56185 cnt 1 ,•: ; 1;m rr 2 Lm " O 6"0.4-5 -6626'=/.PSS Mi. MOTH I LL 6 099.4-5-4459'= 0.846.. 4"� DATH 1 �i. Lau oB/Jib . '1 9• EXHiBff A CITY OF SAN LUIS OBISPO 's;. , ;;0R.DINANCE NO 133 CALIFORNIA ` IrOIL-16,041'• 3.0381(i. 6 OAS -11,087.2.100 Mi. TELE:- 1,174'4 0.222Mi. DRAWL HN. CKD APP' D 6CALH A4/YE 56185 BMHHTC 1 am"m W. H. Cotrel Manager. Property Services Gentlemen: Union Real Estate D' 'on Union Oil Company of California Union Oil Center, Box 7600, Los Angeles, California 90051 Telephone (213) 486-6447 U n''6 m August 25; 1978 56949.3 55049.4 Cal Coast Construction 2231 Broad Street San Luis Obispo, CA 93401 Attn: Mr. Phil Humfrey Modification of Pipe Line Rights of Way City of San Luis Obispo AUG 2 S 197 Pursuant to our meeting of yesterday, we enclose the original and two copies of the Right of.Way Modification Agreements. Union has two separate rights of way for the three pipelines, and, therefore it•will be necessary to modify both of them. Please have the City execute the Agreements and -return the original (Union Oil Company's Secretary's Copy) and one copy to me. When Union has signed, one fully executed copy will be returned tb the City for your records, and when the original has been recorded a complete photocopy will also be sent to the City. If you have any questions concerning this matter,._please contact the undersigned. DWZ:jt Enclosures very truly yours, W. H. COTREL By b n Zi an upervis Rights of Way RV" - 1, 41- 1978 l 9 e1• SPI' iul3 A!nr. ISN?( -.N 011. COMPANY OF CT+' 'ORNIA y When Ree-orded Mai1.To: Don IJ. 'Zimmerman Union Oil Company of California P.O. Box 7600 Los Angeles, CA 90051 DpC. N0. _ .. 011 KIAL HI."01M SAN LUIS 0131ST) CO., CAL ocl 19W8 WILLIAM E. ZIMARIK J COUNi11 RECORDER inmF SPACE ABOVE THIS LINE FOR RECORDER'S USE 56949.3 MODIFICATION OF RIGHT OF WAY THIS AGREEMENT, dated the 25th'day of August, 1978, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City, and UNION OIL COMPANY OF CALIFORNIA, a corporation, hereinafter called Union. W I T N E S'S E T H: WHEREAS, by Right of Way Deed dated October 11, 1966, recorded October 26, 1966 in Book 1414 at Page 527, Official Recoras of San Luis Obispo County, California, City granted Union, its successors or assigns, a Right of Way from time to time to lay, maintain, operate, repair, alter and remove pipelines and appurte- nances thereof, for the transmission of oi.l, gas, water and other substances, with the right of ingress and egress to and from the same over, through, under and along that certain parcel of land situate in the County of San Luis Obispo, State of California, described as follows, to -wit: Lot 5 of Harford and Chapman's Subdivision of lands in Township 31 South, Range 12 East, M.D.B.&M., according to map filed for record September 28, 1876., in the office of the County Recorder of said County. Said pipelines to be constructed within a strip of land ten feet (10'), in width, as described in -that certain Description of Route Selected dated September 22, 196,7, recorded in Volume.1451 at Page 374 of Official Records of said County; and WHEREAS, the parties hereto mutually desire to change the location of said.strip of land within which said pipelines are to UNION OIL COMPANY OF CALIFORNIA SECRETARY'S COPY be .relocated as Lo accommodate tl)o realignment of San Luis Obispo Creek. NOW, THEREFORE, for full and valuable consideration, the receipt whereof is hereby acknowledged, the parties hereto agree that said pipelines shall be constructed over, along, through, under., across and along said land within a strip of land ten feet in width, along a route to be selected by Union, as close as practicable to the route shown colored red on map marked Exhibit A attached hereto. Within six months (6) from the date of completion of the pipeline relocation hereof, Union shall record in the office of the County Recorder of said County, a written instrument containing the surveyed centerline description of the aforesaid ten foot wide right of way strip. In all other respects said Right of Way Agreement dated October 11, 1966, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. APPROVED �. 11 a•- ia•¢ul (01 i., ....._.. — Union Rcnl Estato 1� •n 0 0 -2- CIT' (}ice SAN LUIS OBISPO L -M UNION IL COMPANY OF CALIFORNIA F ed M. Anderson, President ion Real Estate Division Asst. S cretary ' J LVOL2107 PAu 950 By UNION IL COMPANY OF CALIFORNIA F ed M. Anderson, President ion Real Estate Division Asst. S cretary ' J LVOL2107 PAu 950 Approved as to fo .: City Attorney Allen Grimes Approved as to content: Ci.ty�st tive Officer A. ,_.. City Engineer '7 Director of Public Services I: STATE OF CALIFORNIA, ' ss. I� COUNTY OF LOS ANGELES ON __.. September 21 _ 19.75 before me, the undersigri d, a Notary Public.. in and for said State, personally ppeari Fred M. Anderson known to me to bP to President, and– Union Real Estate Division .___.__.J. R. Courtney—_.known turn, jl to be the Assistant Secretary of. ... _ II Union Oil Company of California the Corporation that executed the wifhin Instrument, known to me to be the p;:sms w y executed the within Instrument, on behalf of the Corporation herein named, and acknowledge to me that such Corporation executed the within Instrument pursuant to its by-laws or a y (u ! ICTAL SLAL - resolution of its board of directors. J •t VALERIE A. ADAIR WITNESS my hand and official iseal. NOTARY I'U31.!C-r.Al.1I ORNIA ,.. // °•".wl 1'RINCII'AL OFF ICL IN I •-•.� I OS AN(�F.Lr-S COIINiY I - My Commission Expires May 4. 1982 „,:Ia^.,idmlLi,ma�nr.nnnniipn:u:Rcunarnnnn:am�nnu:rnnia:nnnnimm�nnnnnnnamii Valerie A. Adair _ NAME (TYPED OR PRINTED) Notary Public in and for said State. ACKNOWLEDGMENT --Corp., Pres. d Sec.. woicotis Form 727—Rev. O 64 07 I'A1.1 957 �,fi .1S�t �.¢ +,,�•�Pr�, , if•.,Y„y •'yi'e,�e��/``� 1 _. : i_-'':.. .. r. � /� � � 4' ��Y.: ' .'e pR�h. `�'�. �+.,+ yp: yY��.rT'T ��-y, s1-r,,}��'�'T •1 �... •ri.,J•�.�X ....V•i�� %1.0 ,..lM'.5.� :A •'��Y'iMl�.—_1_'`X� •oa;t WY.. .. .�.r+�+w+rr�+.-..nom. ..... .: �.r........ .� RESOLI7FION NO. 3001 (it) 78 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND UNION OII, COMPANY OF CALIFORNIA FOR RIGHTS-OF-WAY TO SAN LUIS OBISPO CREEK BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "2" and incorporated herein by reference, between the City of San Luis Obispo and Union Oil Company of California is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: the Union Oil Company of California and the City Engineer On motion of Councilman Settle seconded by Councilman Dunin , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution. was passed and adopted this Sth day of Septembei , 1978. ATTEST: C' �erk. li.kitzpatrick R3661 VOL2107 PAGE 95� _.tS4�N�Y. � ._ .. . . . . � 1. � 1. �Q�1r11I� u WSw,L.t.�i�.V.i.: ........Jl n.v.wtw �.....w.S .w.� .� ... ... •. ._ _ a. Approved as to fprm: cn Grimes, City Attorney U END OF DOCUMENT Approved as to content: City Adminstrativc UKyccr 1 City ineer Director of Public Services . VDD 2107 PAL: 9f C 6 �' .\.i '-:t wbZ�r'`'R.A:e. .. r •fir "16 v"+'i.. h•�.>'1Y'y ' •f : aLe is �. ..Ma a . • ,1R.,:- .s�, '.;�.wd+•c J 1 UNIf)N Oil, COMPANY OF CJ FORNIA WI)r!n M.1i.1. To: Don lJ. 7..inuucrm_:n Union Oil Company of Cali.fornia P.O. Box 7600 Los Angeles, CA 90051 DOC. NO. 4!"-1 () OIIICIAL PECOPOS SAN LUIS OBISC30 CU., CAS: OC1.1'J 1` WILLIAM E.:7i'PARIK ! COUNTY RECOKDER TIME --.•.1 a 511 F SPACE ABOVE THIS LINE FOR RECORDER'S USE 55049.4 MODIFICATION OF RIGHT OF WAY THIS AGREEMENT, dated the 25th lay of August, 1978, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City and UNION OIL COMPANY OF CALIFORNIA, s corporation, hereinafter called Union.. W_ I T_ N E S S E 7 H: WHEREAS, by Right of Way Deed lated ME.y 19,.1952, re- corded July 9, 1952 in Book 665 at Page .03, Official Records of San Luis Obispo County, California, City granted Union, its successors or assigns, a Right of Way fr,)m time to time, to lay, maintain, operate, repair, alter and rem)ve .two (2) pipelines for the transportation of oil, gas, water and other substances, with the right of ingress and.egress to and f'-om the same over, through, under and along that certain parcel of l,and situate in the County . of San Luis Obispo, State of California, described as follows, to -wit: Lot 5 of Harford and Chapman's Subdivision of lands in Township 31 South, Range 12 East, M.D.B.&M., according to map filed for rec)rd September 28, 1876, in the office of the Couity Recorder of said County. Said pipelines were constructed within a strip of land ten feet (10') in width, as determined br the centerline of said strip as described in said Right of Way )eed; and WHEREAS, the. location of the slid tcn foot wide strip was modified by that certain Modificatioi of Right of Way Agreement dated August 18, 1952 and recorded September 17, 1952 in Volume 676 at Page 287, Official Records of San Luis Obispo County, California, and UNION OIL COMPANY OF CALIFORNIA J SECRETARY'S COPY, t�5 -_. _.._ .. LVOL2107 PACE 9d•. n W.11EREAS, the parties hereto mutually desire to change the location of said strip of land within which said pipelines are to be relocated as to accommodate the realignment of San Luis Obispo Creek. NOW, THEREFORE, for good and valuable consideration, the receipt whereof i3 hereby acknowledged, the parties hereto agree that said pipelines shall be constructed over, along, through, under, across and.along said land within a strip of land ten feet in width, along a route to be selected by Union, as .close as practi- cable to the route shown colored red on -map marked Exhibit A attached hereto. Within six (6) months from the date of completion of the pipeline relocation hereof, Union shall record in the office of the County Recorder of said County, a written instrument containing the surveyed centerline description of the..aforesaid ten foot wide right of way strip. In all other respects said Right of Way Agreement dated May 19, 1952, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. CITY PF SAN LUIS OBISPO By y By APPROVED Dewn�gti�y UNION OIL C6MPANY OF CALIFORNIA By ,�•(,�. 1 -!L.,. -c red M. Anderson, President Un1on.Renl F. tot0 t »: I nion Real Estate•Division . By Asst] Secretary -2 Eva12107 PACE 950 Approv City Attorney Allen Grimes STATE OF CALIFORNIA, COUNTY OF LOS ANGELES Union Real Estate Approved as to content: City Administrativ' Officer i� I iii •�t—• � _�v�_.--• City Engineer t �. Director of Public Services ss. September 21 ON... -- before me, the undersigned, a Notary Public in and for said State, personally dppear;., Fred_ M. Anderson _._ known to me tc be the Division. President, and J R. Courtney,_..._ known to Ine to be the AssistantSecretary of. Union..Oil Company of Californ.�i the Corporation that executed the within Instrument, known to me to be the persons wr. executed the within Instrument, on behalf of the Corporation herein named, and acknowleage, to me that such Corporation executed the within Instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. ))i — ACKNOWLEDGMENT—Corp Pres. 8 Sec-, wolcotts Form 223—Rev. 3 64 Valerie A. Adair ___...__.. -- NAME (TYPED OR PRINTED) Notary Public in and for said State. VOL 2107 . At 951 (TI FICIAr SI Al VALERIE A. ADAIR NOTARY 19 MIC-CALIFURNIA - '. f'IiINCIF'AI 111 I'I('.I. IN I.0S ANGELES COUNIY - My Commission Expires May 4, 1932 �in:rr;ccm:nana-mm�a:era nunnmrmnnnn uD•caia:nen:m:rnnnimm�mmnnunnminm Approved as to content: City Administrativ' Officer i� I iii •�t—• � _�v�_.--• City Engineer t �. Director of Public Services ss. September 21 ON... -- before me, the undersigned, a Notary Public in and for said State, personally dppear;., Fred_ M. Anderson _._ known to me tc be the Division. President, and J R. Courtney,_..._ known to Ine to be the AssistantSecretary of. Union..Oil Company of Californ.�i the Corporation that executed the within Instrument, known to me to be the persons wr. executed the within Instrument, on behalf of the Corporation herein named, and acknowleage, to me that such Corporation executed the within Instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. ))i — ACKNOWLEDGMENT—Corp Pres. 8 Sec-, wolcotts Form 223—Rev. 3 64 Valerie A. Adair ___...__.. -- NAME (TYPED OR PRINTED) Notary Public in and for said State. VOL 2107 . At 951 �l COftntk'S MEMO: Loolbllily of welllno, 7,01.!a at rdulln0 YNSATISfACEOtY m i RESOLUTION NO. 36G2 (19 78 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETP;EEN THE CITY AND UNION OIL COMPANY OF CALIFORNIA FOR RIGIITS-OF-14AY TO SAN LUIS OBISPO CREEK BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit �1 and incorporated herein by reference, between the City of San Luis Obispo and the Union Oil Company of California is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: the Union Oil Company of California and the City Engineer On motion of Councilman Settle seconded by Councilman Dunin j and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this Sth day of September , 1978. ATTEST: ier`k J1Fitzpatrick R 3662 AA nYY n►.o rx� Approved as to form: Approved as to contort: Allen Grimes, City Attorney City Adminstrative OMer END Of DOCUMENT E ity , eneer ty agii irect6r of Public Setvices 0 001-2107 i AU95 4 UNION OIL CENTER L0&ANGm AzsaCmw7®RLNnm goon FRED M. ANDERSON MANAGER November 4, 1966 PROPERTIES ADMINISTRATION CERTIFIED RETURN RECEIPT REQUESTED Mr. J. H. Fitzpatrick City Clerk City of San Luis Obispo City Hall San Luis Obispo, California Gentlemen: 56949.1 Re: Right of Way No. 56949 Pursuant to the terms of Right of Way dated October 11, 1966, we enclose Union Oil Company of California Check No. 1796, dated November 4, 1966 in the amount of $540..00,. representing "further consideration" to complete subject Right of Way. For your permanent records there is also enclosed a Xerox copy made from the original document which was recorded October 26, 1966 in Volume 1414, Page 527., Official Records of -San Luis Obispo County. Upon completion of the survey and recordation of the in- strument containing the route description, we shall furnish you a copy of same to complete your records. We should like to express to the City our sincere thanks for granting this privilege to our Company. Very truly yours, FRED M. ANDERSON By le' d E. A. Harden Supervisor Rights of Way EAH:rd Encl. cc: D. J. Van Harreveld R. L. Bartlett .; rnRm Taas (NEW 9/64) • ' 'VOL1414 FACE52 ,N Pe JITEn IN Y.S.I. .� ._. ti2�.19 _. RIGHT OF WAY .. No ./ ......... FOR AND IN CONSIDERATION of the sum of -One -Hundred .... and—no/JaDollar--S (.$_J.04,_Q4)) to the under. signed In hand paid, the receipt whereof Is hereby acknowledged, and the further consideration of....�_i_v4&_Hundred _F=ly. and Dollar ... § (..$540 •QOj to be paid within._SIX,ty,_.-days..... ........... :_..... from the date hereof at the option of the grantee herein. no/l CITY OF SAN _LUIS OBISPO�_ a municipal,., corporatign_____�-_ grantor herein, of the County of_San —T,I1 J S_0biSpo.._._.... State of_CaJif 0y.nja_.__� jlo�..hereby grant to UNION OIL COMPANY OF CALIFORNIA, a Corporation, grantee herein. its successors or assigns, the right of way, from time to time, to lay, construct, maintain, operate, repair, alter, change the size and number of and remove a pipe line or pipe lines, and appurtenances thereof, for the transportation of oil, gas, water and other substances, with the right of Ingress and egress to and from - the same, over, through, under and along that certain panel of land situated In the County of Can Luis _Oblapo--• State of California, described as follows. to -wit: Lot 5 of Harford & Chapman's Subdivision of Lands in Township 31 South, � Range 12 East,, Mount Diablo Meridian, according to the map filed for record September 28, 1876, in the office of the County Recorder of said County. Should the pipe line or pipe lines constructed hereunder interfere with the operations of grantor on the herein described premises grantee shall relocate the pipe line or pipe lines or a portion thereof along a new location on the premises, to be selected by the parties hereto, which will provide the most direct practicable route, between the points of severance of pipe line or pipe lines said work to be performed by the grantee at its own expense within sixty (60) days after delivery to it by grantor of a right of way along the new location, containing the same terms and conditions herein set forth except as to relocation as pro- vided in this paragraph; provided, however, if all or any part of said premises is acquired in any manner by the federal or state or any local government or political subdivision of any particular body or agency the obligations of grantee under this paragraph shall be null and void with respect to the lands so acquired and shall not inure to the benefit of any such government, :514nbdivi}sion, body, or agency. Said pipe lines. when Installed. shall lie within a strip of IandXp6&Q�,4&AtYwldth, along a route to be selected by grantee herein, as close as practicable to the route shown colored red on map marked Exhibit "A", attached hereto and by this reference made a part hereof. Within six (6) months from the date of the completion of the first pipe line hereunder, grantee shalt record In the office of the County Recorder of said County, a written instrument containing the surveyed center line description of the aforesalC t{ g�{j{ {QQ C right of way strip. ft F (� {pp} The Grantee. Its succcs 9!yyaa�k�- tQe�gents and contractors, shall havg�yo1 Qd'MEI@Ejrare granted the temporary right to u foot and4\ occupy land to the extent of Bjil,9Cif46y In width paralleling the aforesaid 316MXXX6Q' right of way strip from time to time during the C period or periods of construction, reconstruction, repair, alteration, maintenance, operation or removal of said pipe line or lines for road purposes and to provide an area upon which to work and to store machinery, equipment, excavated and other materials and supplies; ;t together with the right to remove trees, shrubs and other growth thereon, subject to payment for loss of or damage to such Improve- v ments as provided herein. p Grantor shall have the right to use said premises for purposes not Inconsistent with the rights hereby granted, provided that grantor shall not construct or permit the construction of any building or other structures within said right of way strip. it The grantee shall pay any damages which may arise or result from Its laying, constructing, maintaining, operating or removing said pipe lines: said damages, If not mutually agreed upon, to be ascertained and determined by three disinterested persons, one F thereof to be appointed by the grantor, or assigns, one by the grantee, or assigns, and the third by the two so appointed as aforesaid: and the award of such three persons, or any two of them, shall be final and conclusive. t Said pipe lines, may. Insofar as the Interests of the grantor extend therein, be laid along and across adjacent roade and streets. Ir ` The top of said pipe lines where crossing cultivated lands shall be burled to a depth of at least...S--- lee~(X_.fp..... inches Inches below the surface of the ground. This agreement and grant of right of way shall be binding upon all of the parties hereto, their heirs, successors and assigns. Failure on the part of grantee to pay the "further consideration" above mentioned shall render this agreement null and void and not binding upon any party hereto. //' / IN WITNESS WHEREOF, f 211% thele presents are hereby signed this. _day of_l./` e,,,,_,,,_,,. 19-,4'..t/ Executed In the presence of ITN Subscribing Witness APPROVED;— Legal PPROVED: Legal Operating Dept. Properties Administration Dept.: •....... , I 'Orpc V. Mayor,+ 4ity, n- -LU ATTEST: Cl C erk',: STATE OF CALIFORNIA, Countyof _.._..__--- --- ------- ........... _...._......_...�.) SS. On this day V 414 in the year one thousand nine hundred and. _._... ._._.—......... ........ before me, a. Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appearedTr.._._..__...____.............—._._ __ _.--.................... .__.......... known to me to be the person— whose name ........ ._.................. _._..... _...................... aubscrlbed to the within Instrument and.—..he..-- acknowledged to me that—he.--executed the same. IN WITNESS WHEREOF, I have hereunto suhscrlbed my name and affixed my official seal, In said County, the day and year first hereinabove written. ____.—.._._........._.__. Notary Public In and for the County of State of California. STATE OF CALIFORNIA, SS. County On this- day of— In the year one thousand nine hundred and ......... ........_._.._........... _. before me,...._ ..... .—_._._.._.:..._:__._._..........._.......__._.._.___.._.._..___...—......_...., a Notary Public In and for said County, residing therein, duly commissioned and sworn, personally appeared___.____.__. .— ........... ..... —........... personally known to me to be the same person whose name Is subscribed to the within and annexed Instrument as a subscribing witness thereto who, being by me duly sworn, deposed and said that he resides In the__._....._—..___County ofr.._ _—_._ _.. ................. State of California that he was present and saw _. ,........._._____ _ _ ....—_.—_.......... personally known to him to be the same person—.described In, and whose name ...................... .... ..... ___....____ -subscribed to, and who executed the within and annexed Instrument an.—Pam—thereto. sign and execute the same; and that he, the said affiant. then and there subscribed his name to said Instrument as a witness. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. In the said County, the day and year last above written. Notary Public In and for the Countyof--.__._—.State of California. STATE OF Cl}IJ , . —. • �SS. County of _/_. — ' On this /^^`� day oL.LS" ... ........ In the year one thousand nine hundred and ..... before me, x •�Ir'S.-�i.%•�{,; .�•. ............... __, aN 1tary Publ In �and for said County and State, residing therein, duly commissioned and sworn, personally appeared._e�je jI known to me to be the �Xj and_y �'/)/c—r known to me to be C the..._.._..... _ .LrIA..............__.e..®.r� .. thVCorporatfon th t executed the within y/ccr-7 cec �,_Ci Inntrument, and knourn to ma to bei t4ppe,,Tna who a ecuted the within Instrument on behalf of thT Corporai on therein named, and acknowledged to me that suc!�)Corpom ton executed the within instrument pursuant to its by-laws or a resolution of its board of directors. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, In said County, the day and year In thi:, certificate first above written. ------- UNDIES BtALOCK c`�cc/Cu�GG� Notary ublic .per NOTARY PUBLIC, /• J i% SAH LUIS OBISPO COUNTY in and for the County o! 01, :7 .K[L L. tate of California. ` CALIFORNIA - - - - - , 4 • • ' � i ,•.'. �l�:�i ��rit%►I� ci�sx �t0 tll'. -O� ,J�,v • •_ - U. S. HIGHWAY ' ` '.y' tea. • .. "ter. . • .. ... •. ., ., :. ,... .. i.. .•. .' ..._ .... .i4 .. � :a::\i.�:::.'..AYy..•...� .... .. i �'lr .. r..::i;A'i::.:'CR vSJ...fi.3` h,+e•�-°�j•.+�.5, u - U. S. HIGHWAY w a �. � �:•' O ^ r �7� S Ili k 8 I, 1 p I ar�v•R ' • R '':`• zo 'p L W LADS OBMM—tMl, ROAD ' , � •: r. a aal`` :. �.i: .::,.••.a'."T .. �'..J'i„ _ •, ' Nor• • .. ... •. ., ., :. ,... .. i.. .•. .' ..._ .... .i4 .. � :a::\i.�:::.'..AYy..•...� .... .. i �'lr .. r..::i;A'i::.:'CR vSJ...fi.3` h,+e•�-°�j•.+�.5, u Wnen recorded return tu: Nr: '+red M. Anderson Union Oil Company of California P. 0. Box 7600 Los Angeles, California 90054 Attention: E. A. Harden C I O► � v ca z 1� O Lw a '' o cj-. �a i - V. Rm 799 12-M 1300 ` ' r.. `. RIGHT OF WAY POR AND IN CONSIDERATION of the sum of.11LLY„ Ad°",...2,0/1 ._-_a._r._. �__�yl! us..OQ)Dollars. to the undersigned in hand paid, the receipt whereof Is hereby acknowledged..._ ..... ........................................... _....... _.._:..__..... -.......... _..GI C...4F...�.�,I... LIM...QBI.SPII,__----- grantor herein, of the County of ..... icy.rl..Luis... Obispo ............... state of.... do.Qra--hereby grant to UNION OIL COMPANY OF CALIFORNIA. a Corporation, grantee herein. Its successors or assigns. a revel able gyms ..r _ ..=— n --'ran=== .3�.:,.� lice=:t:.:,�"^�—"'f""'""'f'^"^'^"bt'm'�.� to construct, maintain, operate, repair, alter and romoveztKtrolmWM= .��.'w4v'r.'•."w'="'-_� 'ST'.�'pr`}tft`^�.:�5.�'��' v_""'•�t.?L�_.:!^'y�iL^r.�.,. N.L • T.r� is -r-^*r^�fj 7 1 r`"`_ -- "r�'�.':.rtr W^-"' .+.a.*R;e1!7r!'T�+r•q,.P_ .... .....o xrazz:S=T-^^Y-^^*- T^*' a cathodic protection systan connected to one or more pipe lines of grantee horain, which system consists of the following: poles; ovorhead and underground -cables a wires, anchors, guys, buried pipe anode, rstallic conductors, insulators and ary and all other necessary fi:.turos and appurtenances attachod to said cathodic pipe protection system, all of th above hereina mer collectively being referred to as a"cilities, with the right of ingress and egress to and from the same over: through, under and zlonj those certain parcels of land situate in the County of S= Luis Obispo, State of Ca.?ifer; =a, ;.nd described as follows$ to -a -At: Those portions of Lots 4 anal 5 of iarford and Chapman Is Subdivision as shown on reap filed in boo 4. page 52 of F.ecoxds of Surveys in the County Recorder's office of said County, lying within strips of lard ten (10) feet aside' the center lines of i -A ich are described as follcrurs: Strip Pio. l: B --ginning at a point in the wcsterlT lire of said Lot 5, distant Vorth 260301 OOn East ,9X feat from the southlrest corner of ca -d r_rst, thence South 630 30100" East 341.00 feet to a point called point "An, thence north 2&001112" East 400.00 feet. Strip Vo. 2: Beg3nnino at point "All above described, thence South 63'30100" East 50.00 feet. A more detailed location of said facilities is sho-an colored in reed on Drawing No. 2/203-2es, attached hereto and by this xefererce made a part hemof. _ • 1t is understood and ayrced that in the event Grantee shall fail to'uso said right of way for the purposes heroin provided for a period of tTolve (12) successive Months, this grant of right of way ajr! all rights hereunder shall cease and terminate upon ninety (90) days' prior written notice from Grantor to Grantee to that.effcct given. Trhenever, in the opinion of G=ntor, said facilities inteo45bre with Grantor's use of or oper- ations upon the premisass Grantee shall, at its =n c--..Ycn a a:^,1 risk: within sixty (60) days after written rcquae. tterefor by Grantor, relccate and rccorstrect said facilities, and shall restore said pre:iases 4s nearly as possible to the sa.= stata an:: condition as that in which they Frere prior to such relocation or reconstmetion, as Ua case m;zy be. Grantor may terminate this license by giving Grantee written notice of said termination' and Grantee shall at its oEm expense and risk within sixty (,J) days after written notice, renove all of its facilities and restore said premises as near as possible to the same state and condition as that in which they Ferre prior to such construction. Grantee agrees to indemnify and save harmless Gra=ntor from all liability, loss, cost, or obligation by reason of any claim or actual injury to any person or persons including Lrante0. or property of any kind whatsoever from ary cause whatsoever while inn upon, or in any bray connected iaith said promisesp or in any way connected with said facilities. said ;ac-; 7 -1 The grantee shall Day any damages which may arise or result from its laying, erecting, maintaining, operating or removing/ = „-;;,11 ; said damages, if not mutually agreed upon, to be ascertained and determined by three dis- interested persons, one thereof to be appointed by the grantor, or assigns, one by the grantee, or assigns, and the third by the two so appointed,as a�prWaid; and the award of such three persons, or any two of them, shall. be, final and conclusive. Lac. A1CJ Sai z nynn fZ4tT.'rrs� may, insofar as the interests of the grantor extend therein, be laid along and across adjacent roads and streota.. Said fincde �SL�l4sea13?;r�i�nrZtA- Cd `rmthyshall be buried to a depth of at least. fa....M.. _.... ..... _ '$below the.surface of the ground. IN WITNESS WHEREOF, these presents are hereby signed this__....... 1+.....__...day of.....f'.pbrj lc X•.fL____._._.___._..—..19. _ Executod in the'Dresence of Ga: i. r 1 hT3I0r1 1C�T1Sag Witness . APPR0VEDI— Description:_.___.._...__—�_.__� _ Legal Dept.: ... -..... ----................. Operating Properties Administration Dept_: -----�,iT�.. .t . C n I -QqTPA S--- C.__...._...._...r--•-- .............._._ FRED I J�KSIi'GER,�'.aZor w \ Jz °you. � hG3 e� a �5 NOOf k o" POLE m e y0, s6�• i. S._ a 3 �' 30' Sr4 T O OC 3 `0. R i O DF 4q• FT 41vc 30, R'i' p0( � f s r sd S o loll Jh 06�. S�pQ d. S2g, 563, J Q { E 42 .e r' y S63. 36 y �O u 015 �9H o a (J 5 �o s. �0010 �z • i ���J I •Or '+oe R V W. REVISED DRAWN BY- R IQ HT5 OF WAY DST[ I REV.&Y ' GKD. D♦ TRACED BY SAN LUIS OBISPO D15TRICT _.. /s-sz Raw CHECKED DY _ ' --r- iTiCC K.W.L.– -,____,.._ APPROVED—fLL 3 SAN LU 15 OB15PO COUNTY i-z-sr\r. ,s.-' REP. OR F.6- 52-28 -- CALIFORNIA "— SCALE U 00L COC'vilre')ANY OF CALEFOaLMuA 2®3-2�� DATE ipril 3q 1452 LOS ANGELES. CAL. SHEETS: SHEET__ . • FORM 7.. 22-541700 M[•t ITR IN U.S.A. •� le, `r RIGHT OF WAY -� No._..55.19,.2...__.__.._.__.... FOR AND IN CONSIDERATION of the sum of E11'=...-•fri 1000D)IMlars. to the Undersigned In hand paid, the receipt whereof Is hereby acknowledged .......... ........ _............. _.........._..CM...0R.aSA2ll..LHIS_.QBISM# &.1munj i7l.:l.- --.--.............................._.........._...................__..._............ grantor herein, of the Countyot._..4Sd1A..LtLLD.....bispo............... state of....Cal:I- Cyn• • •• ••••_,•_.................... do -CA ... hereby grant able to UNION OTL COMPANY OF CALIFORNIA. a Corporation, grantee herein. Its successors or assigns. a reVC 11cM B to construct, maintain, operate, repair, alter and remove yM. i� u !Sd'if�9'1CP+[-Tom.••-a...,�ew1y ,y„ . a cathodic protection eystea connected to one or more pipe lines of Cranteo herein, which system consists of the following Poles# overhead and underground -cables E wiroa# anchorss gWas buried pipe anodes metallic conductors# insulators and =7 and all other necessary fixtures and appurtenances attached to said cathodic Pipe protection systems all of tt above hereinafter collectively being referred to as facilitiess with the right of iaCress and o.ress to and from the same Mrs throughs ender and along those certain parcels of hand situate In the County of San Luis Obispo,* State of Californias and described as follows, torwit, Those portions of Lots 4 and 5 of F.arford and Chapman's Subdivision as shown on map filed in boo 4# Page 52 of Records of Surveys in tho County Recorder's office of said County, hying within strips of land ten (10) feet vides the center lines of which aro described as follows: Strip No. 12 Eeginningp at a point in the wosterly.line of said Lot 53 distant Borth 26.30v 00" Last 0=. feet from the southfest corner of said Lot, thence South 43. 30►Opn East 341.00 feet 28.01112" East L,00.00 feet. to a point called point hAp, thence Strip Vo. 2s Beginnirkv, at point "An above described,* thence South 63'30�OOn East 50.00 feet* A more detailed ailed location of said facilities is shorn colored in red on D attached hereto and by this reference made a part hereof. Not 2/203.288, •It is understood and agreed that in the event Grantee aha11 fail to - use said right of way for the purposes heroin provided for a period of twelve (12) successive monthes this grant of right Of way and all rights hereunder shall cease and terlainate upon ninety (90) days' prior written notice from Grantor to Grantee to that effect given. Whenever,* in the opinion of Grantors said facilities interfere with Grantorla use of or oper. ations upon the pmmisess Grantee shall. at its own expense and risks within sixty (60) days after written request therefor ty Grantors relocate and reconstruct said facilities, and shall restore said premises as nearly as possible to the same state and condition as that in which they wore prior to such relocation or reconstructions as the case mV be. Grantor may terminate this license by giving Grantee written notice of said terminations and Grantee shall at its arm expense and risk within sixty 0) days after written notices renove all of its facilities and restore said premises as near as possible to the same state and condition as that in which they were prior to such construction. Grantee agrees to indemnif�r and save harmless Grantor from all liability# losss cost, or oblieetion by reason of ar>,y claim or actual injury to any person or persons including Grantee. or Party of any kind whatsoever from any cause whatsoever while ins upons or in any way connected with said pramisos, or in any way connected with said facilities. The grantee shall pay any damages which may arise or result from Its laying, erecting, maintaining, operating or remo g�' lffh said damages, If not mutually agreed upon, to be ascertained and determined by three dls- Interested persons, one thereof to be appointed by the grantor, or assigns, one by the grantee, or assigns, and the tIf b by the two so appointielNt1,s yid: and the award of such three persons, or any two of them, shall be final an fl canduslve. ,L3C�1C 3 y adjacent roads and streets way. insofar as the interests of the grantor extend therein, be laid along and across Said Anode hall be burled to a depth of at leaet...fitna XIMbelaw the. surface of the ground. IN WITNESS WIIARMOF, these presents are hereby signed this:.-_._.4.__..._.day of_..�:p„b�yl� _�•_.._.. 1.•�ii._ . _ Sd tl 8xocut•ad in the presence of"""— --•-••--7 - FRED H: L KSII GEr� lalor - Description-, - •• ....__... Legal Dept:•._._.._ .......... _ _._.�_.,.__.—.. ._. .. .•, .: 'I •i: •2• I•.. �, .2j •, _ .. OperaUng Dept:... __—__ _ _ _ _ �::...•: L , . RroDerties Administration Dept: UNION OIL CENTER �AHf3t��Qd�IIdEt� fl3o�%•Qa.9)3�'®It�.� FRED M. ANDERSON MANAGER PROPERTIES AOMINISTRATION March 20, 1964 56735 City of San Luis Obispo City Hall 990 Palm Street San Luis Obispo, California Attention: Mr. Richard Miller City Administrator Gentlemen: This will confirm the -discussion of Mr. James G. Baird relative to the proposed use of a portion of the City's road along the west side of the San Luis Obispo City Sewer Farm property and.the installation of a gate in the fence between the road and the freeway. Along the shoulder of the highway, we maintain a valve manifold and approximately 700 feet north of this we have a meter and rectifier for our cathodic drain station. Our operations require that we stop at the meter and rectifier about once a month and at the valve manifold two or three times a month. Following completion of the freeway, it has become somewhat of'a hazardous operation to make these stops along the freeway, and because of this we would like to have your approval to use your road from Prado Road southerly to gain access to these two locations. The enclosed Drawing D2A335 shows in red color the road and the location of the cathodic drain station and valve manifold,,identified on the drawing as Points A and B respectively. The gate, approximately 3 feet in width,. would be installed on the fence opposite the valve manifold and would be kept locked when not in use. J City of San Luis -Obispo -2- March 20, 1964 If this request meets with your approval, please sign and return a copy of this letter to the undersigned. Very truly yours, FRED Md ANDERSON vacua iv.v �.'.�• "6 Utilities R present ive CLY:dj Enc. Approved and Accepted this day of 1864.. CITY OF SAN LUIS OBISPO By f fg, f{ t a 61 SA ertQr egg. jf! `9 R's?l RELOC. 6" DOUBLE WRAPPED 1\ a TREATED (50-21) x r s t s� FRED M. ANDERSON MANAG E R PROPERTIE5 ADMINISTRATION UNION OIL CENTER 10E3L(1®TTv18Il MN E1daCAH.HIMMN--M February 28, 1964 55049 City of San Department City Hall Luis Obispo of Public Works San Luis Obispo, California Attention: Mr. J. H. Fitzpatrick City Clerk Gentlemen: By License Agreement dated February 4, 1957, the City of San Luis Obispo gave our Company permission to construct a cathodic protection system on City property along the east side of State Highway; 101. In order to accommodate construction by the City of a portion of an -outfall line, it was necessary that the anode as constructed be abandoned in place. To provide for a new location for anode construction, we have prepared a Modification of License providing the same terms and conditions as that contained in the original License. If this modification meets with your approval, we would appreciate it if you would arrange for execution and return our stamped copy to this office. Very truly yours, FRED M. ANDERSON Utilities aeprlesentatYve CLY:dj Enc. 55049.3 MODIFICATION OF LICENSE THIS AQREEMIIyg+, dated the Zr day of 1964, by and between the CITY OF SAN LUIS OBISPO, a municipal — corporation, hereinafter called City and UNION OIL COMPANY OF CALIFORNIA, a corporation, hereinafter called Union. WI'PNESSETHs WHEREAS, by License Agreement dated February 4, 1957. City gave Union a License to construct, maintain, operate, repair, alter and remove a cathodic protection system consisting of poles, overhead and underground cables and wires, anchors, guys, buried pipe anode, metallic conduotore, insulators, and any and all necessary fixtures and appurtenances attached to said cathodic pipe protection system, all of the above hereinafter collectively being referred to as facilities, with the right of ingress and egress to and from the same over, through, under and along those certain parcels of land situated in the City of San Luis Obispo, State of California, described as follows, to -wit: Those portions of Lots 4 and 5 of Harford and Ina ' Subdivision Book4,Page52of Records ofnSurveyiind the County Recorderts office of said County lying within strips of land 10 feet wide, the centerlines of which are described as follows: Strip I Beginning at a point in the westerly line of said Lot 5, distant North 260 30, 00" East 759.00 feet from the southwest corner of said lot, thence South 63* 301 00" East 341.00 feet to a point called "A"i thence North 28' Oil 12" East 400.00 feet* Std 2 Beginning at point "A" above described, thence South 63 301 00 Bast 50 feet. WHEREAS, to accommodate construction of an outfall line by City, Union discontinued the anode constructed thereunder within Strip 1. - 1 - WHEREAS, it is the mutual desire of the parties hereto to modify said License Agreement dated February 4, 1957, by changing the location of Strips 1 and 2 to provide for the relocation of said facilities, NOW, THEREFORE, for good and. valid consideration, the receipt whereof is hereby acknowledged, the parties hereto agree that said License Agreement dated Febraury 4, 1957, shall be and is hereby modified so that the description hereinabove given of Strips 1 and 2 shall be changed to read as follows: Strip1 Beginning at s point in the northwesterly line Of said Lot 5 distant North 260 30, 00" East along said line 759.00 feet from the southwest corner of said lot; thence South 63° 301 00" East 326.00 feet to a point called point "A" for the purpose of this description; thence North 280 01l 12' Bast 400.00 feet. Strip 2 Beginning egi °� at Roint "A" above described] thence South 3 301 00 East 65.00 feet. A more detailed location of the above described Strip 1 and Strip 2 is shoves colored in red on Drawing 2/203-288, revised January 2, 1964. In all other respects said License Agreement dated February 4, 1957, shall remain in full force and effect.. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be duly executed as of the date first above written. C E 0 R UNION,,DIL COMPANY OP CALIFORNIA Assistant Secretary 2 - POLE AV Z e ONr on 4_ sr4 A r OR Pouf " (C—''y C O T m 06. _ SCJ ' 2@a S63e �z -?cot, col? ocb40;, Aftfa OpAWN BY TRACED BY_ CHECKED BY_ APPROVED REP. OR P. B, S SCALE DATE F �l .67 -�?�C7 Q' .2` 47 aya �J /v63 a64s6k' I RIGHTS OF WAY 5AN LUIS OBISPO D15TRICT 5AN LUIS OBISPO COUNTY CALIFORNIA UNION OIL COMPANY OF CAL,IFORMA LOS ANGELES, CAL. SUR. A(-!. 56-67 REVISED GAT[ I R!V-[Y j CKD. [T �-1s-sz R. v- w. 2 203-288 —SHEETS; SHEtT _ r JAMES A. GRANT MANAGER PROPERTIES ADMINISTRATION UNION.OIL CENTER Los AMYGELS4511�ff TFemim. September 25, 1959 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. J. H. Fitzpatrick City Clerk City of San Luis Obispo City Hall San. Luis Obispo, California Dear Sir: A No. 56185 SEP 1559 RECEIVED City Clerk & L, Ot CAL c Reference is made to Ordinance No. 133 (1959 Series) of the City of San Luis Obispo, granting a franchise to Union Oil Company of California, for pipe lines, pole lines and conduits inthe streets and other ways of the City of San Luis Obispo.. Said franchise ordinance was passed for print by the City Council of the City of San Luis Obispo at its meeting of September 8, 1959, published on September 15, 1959, on Page 9 of the San Luis Obispo County Telegram -Tribune, and received 17s=nal passage by said y Coun.c at its meeting of September 21, 1959, to become effective October 21, 1959. In accordance with Section. 17 of said franchise ordinance, we are hereby filing with you fully executed original and one copy of Franchise Bond No. B-53679, dated October 8, 1959, in the penal sum of $1,000.00, in. which Union Oil Company of California is the Principal, United Pacific Insurance Company is the Surety and the City of San Luis Obispo is the Beneficiary. Very truly yours, JAMES A. GRANT By . "-Z .Ho re WHC:mlt Encl. (2) M UNION OIL CENTER JAMES A. GRANT September 15, 1959 MANAGER PROPERTIES ADMINISTRATION The Honorable City Council of the City of San Luis Obispo San Luis Obispo, California Gentlemen.: M Reference is made to Ordinance No. 133 (1959 Series) of the City of San Luis Obispo, granting a franchise to the Union. Oil Company of California. Pursuant to Section -4 of said franchise ordinance, Union Oil Company of California hereby accepts said franchise and agrees that it shall abide and be bound by the terms and conditions thereof. No. 56185 Very truly yours, UNION OIL COMPANY OF CALIFORNIA By ager ropere n s ra on JAG:WHC:mlt Filed with the City Clerk in accordance with Section 4 of the ordinance. • M LB-77CM5 ',. L l -!I gl�. '� ..S�Y .��� ��� '> UNION OIL CENTER JAMES A. GRANT September 15, 1959 MANAGER PROPERTIES ADMINISTRATION CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. J. H. Fitzpatrick City Clerk City of San Luis Obispo City Hall San.Luis Obispo, California Dear Sir: No. 56185 In accordance with Section 4 of Ordinance No. 133 (1959 Series) of the City of San Luis Obispo, granting a franchise to Union Oil Company of California, we are attaching hereto and filing with you said Company's written acceptance of the terms and conditions of said Franchise Ordinance. Very truly yours, JAMES A. GRANT By ��, /�- aW W. H. Co re WHC:mlt Attach. n 071DINANCE N0. 133 (1959 Series) AN 011DINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING TO UNION OIL CONTANY OF CALIFO::'NIA, A CORPORATION, ITS SUCC SSORS PIND ASSIGNS, THE FRANCHISE AND PRIVILEGE FROM TI1M TO TI14Z. TO CONSTRUCT, MPZNTAIN OPE:,ATE, RENEN, ZEPAIR, CHANGE THE SIZE AND NUMBER OF AIND REMOVE PIPELINES, TOGETHER WITH TELEPHONE, TELEGRAPH tli-D ELECTRICAL POLNER LINES NECESSARY OR CONVENIENT FOR THE GRANTEE'S BUSINESS, .IN, UNIDER, OVER, ALONG OR ACROSS ANY AND ALL PUBLIC STREETS, HIGITRAYS AND OTIER PUBLIC WAYS NOW OR HEREAFTER DEDICATED TO PUBLIC USE IN THE CITY OF SAN LUIS OBISPO. The City Council of the City of San Luis Obispo, in the County of San Luis Obispo, State of California, does ordain as follows: SECTION 1: NATU-,E OF GRANT: That the right, franchise and privilege be and the same hereby is ;ranted to Union Oil Company of California, a corporation, its successors and assigns, for a period of twenty-five (25) years from and after the effective date of this franchise, from time to time to construct, maintain, operate, renew, repair, change the size and number of and remove or abandon in place pipelines for the transportation of petroleum, liquid hydrocarbon substances, gas, gasoline, water, waste eater, mud,steam and other substances, together with all manholes, valves, service connections and appurtenances necessary or convenient to properly maintain and operate said pipelines, including facilities necessary for cathodic protection of said pipelines, and together with poles, conduits, wires, cables and other appurtenances and equipment for telephone, telegraph and electrical power lines necessary or convenient for the grantee's business, in,under, over, along or across any and all public streets, roads, alleys, highways, and other public ways now or hereafter dedicated to public use in the City of San Luis Obispo. SECTION 2: DEFINITIONS: (a) The word "Grantee" as used herein shall mean and include the Grantee, its successors and assigns. (b) The words "said streets" herein shall mean and include all the public highways, streets, roads, alleys and other public trays within the City of San Luis Obispo. (c) The i:•ords "franchise property" herein shall mean all property constructed, maintained or operated pursuant to this franchise in any of said streets, including pipelines, pole lines or conduits, and all appurtenant equipment. (d) The words "said City" herein shall mean.the City of San Luis Obispo in the County of San Luis Obispo, State of California. -1- SECTION 3: T R11: The term of this franchise shall be for a period of t=:;enty- five (25) years from and after the date on which this ordinance becomes effective. SECTION 4: ACCEPTANCE: Said franchise and privilege shall be granted upon the terms and conditions herein contained and those prescribed by law. The Grantee shall, within ten (10) days from and after the final passage of this ordinance grant- ing said franchise, file with the City Clerk of said City a written acceptance of said terms and conditions. Said written acceptance shall contain the Grantee's agreement to abide and be bound by said terms and conditions. SECTION 5: EXCAVATIONS: The Grantee shall have the right, subject to all applicable ordinances and regulations of said City as are now or hereafter may be in force, to make all necessary excavations or other encroachments in said streets for the laying, construction, maintenance, operation, renewal and removal of franchise property. SECTION 6: PEMAITS: The Grantee shall not commence the work of laying, constructing or removing any franchise property under the provisions of this franchise until it shall first have obtained an Excavation Permit from the Department of Public ,orks of said City. Said Excavation Permit shall show the said streets upon which it proposes to lay or construct said franchise property, the specifications of the franchise property and such other facts as said Department of Public is-orks may require. The location of said franchise property shall be subject to the approval of the City Engineer to avoid interference with present or proposed sewers, water lines, other conduits and the traveling public. Said permits shall be issued upon payment of a fee of 101, per foot and the work shall be done to the satisfaction of the City Engineer and subject to his inspection. No permit other than those necessary for emergency repairs shall be issued on any street that has been surfaced within two years prior to the application. This franchise shall not relieve the Grantee from the. -provisions of any ordinance or law that may be in force at the time requiring permits to be obtained for street excavations nor prevent the Council from changing the permit fees. SECTION 7: OPERATIONS: All franchise property to be laid, constructed and operated under this franchise shall be built and constructed in a good workmanlike manner and of first class materials and shall be located or maintained under this franchise so as not to interfere with the use of said streets by the traveling public or for public purposes. In constructing, installing and maintaining said -2- franchise property, the Grantee shall make and backfill all excavations in such a manner as to leave the surface of said streets in as good condition as the same was in prior to said excavation, and to the satisfaction of said Department of Public Works. SECTION 8: RELOCATION: Said City reserves the right to improve, change the grade of, widen or reconstruct any of said streets or portions thereof, and there is further reserved to the said City the right to construct, reconstruct, install, repair and maintain in any of said streets, any public improvement. Upon the giving of notice in writing to the Grantee, at least thirty (30) days in advance of the fact that the work is to be done pursuant to any right reserved hereinabove in this section, specifying the general nature of the work and the area in which the same is to be performed, then the Grantee shall do all things necessary to protect its franchise property during the progress of such work and if ordered by the City Council of said City, the Grantee shall temporarily disconnect or temporarily remove, or shall relocate the franchise property within said streets, to such extent and in such manner, and for such period as shall be necessary to permit the performance of such work in an economic manner, and in accordance with generally recognized engineering and construction methods and to permit the maintenance, operation and use of such public improvement or of said streets or portions thereof as so improved. All such things to be done and work to be performed by the Grantee shall be at the sole cost and expense of the Grantee. In the event that said City shall hereafter construct, install, reconstruct or repair any bridge or artificial support in or underlying any of said streets in which the Grantee's franchise property is located, and in the event that the cost of such work as may be reasonably required is increased in order to provide for the installation, maintenance or operation of Grantee's franchise property in or on the area covered by or underlain by said bridge or other artifidal support, then the Grantee shall pay to said City the full amount of such increase of cost upon completion of such construction, installation or repair. SECTION 9: REPAIRS: Any damage done directly or indirectly to any of said streets or public improvements by the Grantee, in exercising directly or indirectly any right or privilege under this franchise, or in performing any duty under or pursuant to the provisions of this franchise, shall be promptly repaired by said Grantee, at its sole cost and expense and to the satisfaction of said City. -3- i SECTION 10: CO:IPLIPNCE: If the Grantee shall fail to comply or to co:a:aence and diligently proceed toward compliance with any instructions of the City Council of said City or Department of Public :'orlcs of said C_ty vith respect to the location of any of said franchise property or the repair of any damage to said streets or any Public improvement within thirty (30) days after the service of written notice upon the Grantee requiring comnliance therewith, then the said City Council may immediately do ;whatever work is necessary to carry out the instructions at the cost and expense Of the Grantee, which cost by the acceptance of this franchise the Grantee shall pay upon demand. SECTION 11: IND3i9NIFICATION: The Grantee shall hold said City, its authorized officers, agents and employees, harmless from and against any and all liability or loss resulting from claims for damages by any person arising out of acts or omissions of the Grantee, its agents or employees, in the performance of any work authorized by this franchise. SECTION 12: ABANDONMENT: Upon request of the Grantee, the City Council of said City, upon such terms and conditions as it may see fit to impose, may grant the Grantee the right to abandon -in-place without removing any pipelines laid or maintained under this franchise. SECTION 13. ASSIGNMENT: Except as hereinafter provided in this Section, the Grantee shall not sell, transfer or assign this franchise or any of the rights and privileges granted hereby without the consent of the City Council of said City; provided, however, that no such consent shall be required for any transfer in trust, mortgage, sale and lease -back, or other hypothecation, to secure an indebtedness. SECTION 14: PAYMENTS: The Grantee shall, during the life of this franchise, make annual payments to said City for the franchise hereby granted, in lawful money of the United States, at the rate of $125.00 per mile of pipeline and $30.00 per mile of pole line or conduit heretofore or -hereafter installed and maintained and not abandoned in place in said streets by virtue of the authority granted by this franchise or any franchise superseded by this franchise. Said annual payments shall be made on or before the 31st day of August of each year (commencing with August 31, 1959) for the twelve months' period ending on the preceding'June 30th. In the event any franchise property shall have been subject to the terms of this franchise for only a fractional part of said twelve months' period, the payment therefor shall be computed -4- in the proportion :which the number of days in the said fractional part of the twelve months' period bears to 365. The annual payment shall be accompanied by two copies of a statement, verified by the oath of a duly authorized representative of Grantee, giving the total length of pipelines, pole lines and/or underground conduits on which the annual payment is due, the rate per mile and the total amount due. SECTION 15: PRIOR FRANCHISES: This franchise ordinance shall, upon its effective date, terminate and supersede Franchise Ordinance No. 158 of said City, passed by the City Council of said city on September 7, 1909, granting a franchise to Producers Transportation Company, Grantee's predecessor in interest, which franchise is now held by Grantee; and any and all other franchises held by Grantee within the presently incorporated area of said City. Further, the Grantee's acceptance of this franchise shall constitute a continuing agreement of Grantee that if and when said City shall hereafter annex, or consolidate with, additional territory, any and all franchises owned by Grantee therein shall likewise be abandoned within the limits of such territory, and Grantee's.facilities installed under such abandoned franchises within such annexed territory shall come under the terms and conditions of this franchise SECTION 16: FORFEITURE: Any neglect, failure or refusal to comply with any of the conditions of this franchise, which neglect, failure, or refusal shall continue for more than thirty (30) days following notice thereof to the Grantee from said City, shall be grounds for a forfeiture hereof, and said City by its City Council, may thereupon declare this franchise forfeited, and may exclude said Grantee from further use of said streets under this franchise; and said Grantee shall thereupon surrender all rights in and to the same, and this franchise shall be deemed to be and shall remain.null, void -and of no effect. SECTION 17: FRANCHISE BOND: The grant of this franchise is effective only upon the further condition that Grantee shall at all times during the life of this franchise keep on file with the City Clerk of said City a bond running to said City in the penal sum of One Thousand Dollars ($1,000.00) by a corporate surety, con- ditioned that the Grantee shall well and truly observe, fulfill and perform each and every term and condition of this franchise, and all ordinances or said City, and in case of any breach of the conditions of such bond and this franchise, that -5. r portion of the penal stun therein named, up to the maximu, equal to the fair amount of the damages resulting from such breach, shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and surety, or sureties, upon such bond. SECTION 18: SUCCESSORS AND ASSIGNS: The provisions of this franchise and all rights, obligations and duties hereunder shall inure to and be binding upon the Grantee, its successors and assigns. SECTION 19: EFFECTIVE DATE: This ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram -Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its final passage. INTRODUCED AND PASSED TO PRINT this 8th day of September , 1959, by the following roll call vote: AYES- Kenneth W. Jones, Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: None ATTEST: Mayor /�. Ci Clerk FINALLY PASSED this 21 day of September 1959, by the following vote: AYES: Donald Q. Miller, Gerald W. Shipsey, J. Barry Smith, Fred M. Waters NOES: None ABSENT: Kenneth W. Jones I ATTEST: i �� CifClerk Mayor t7 i In The Superior Court of The State of California vatimt, and to the satisfaction of this franchise, make annual _aid Lepartrn•nt Of Public R"arks. ments to said Cit}. In and for the County Of Sal SECTION 5: RELOCATION": the tr N: Said ; chlsr. hereby granted, in lar r)ity- r -serves the right to improve.: nioney of the Milted Sates, at ,'Lange the grade real, widen or re- rate of $125.00 per mile of pipe Cunstruet any of Said Streets or Dur. and 3:10.!X) per mile of polo line tions thcr,•ul• and there is furtlt,•r,rniduit heretofore or hereatter reserawd to the said City the right istallvd and nmintamed and ^.o roastrue:. rec0%trust. insta!I. abartdun-d in place !n said s.,, i pail' a',(I maintain lit ally "f said by rir•tO• of 'III --t•: aulhnrity gran AFFIDAVIT OF PU3LIC: u�+rs. any pu alio im Pri,aenu•m. •hv this iranchis•• or ally Crancl in{ ill lit" l:•'n.in. of anger m ,uric. superse,i,•d Ly this: Ir:uichi+F Grain,-. at tenet thirty annual psym,:nts shadt le: h:" days eat ;td, ane„ of tb• i:o•t „r h. -Core the ::L<t day nC :\ugu;t chat the work Is to hr d.,ne Dur<u-' curt year hI.IL da n of w' I xnt N any right resrrr, n 6crein• i :\u;;II t ::1. 1959) fur i!ie hr. 'abua�,: in this s,-ction. xP,•rifying the umilthy'' Period ending nn ill.• p general suture of the work suit the j ceding June 3Utli. Lt the event a area w which the came is to be per. franchise property shall have b,. formed, tile" the Grantee shall do;subject to the terms of this fn NO ....................... ¢ll things necessary to protect its i chi; } a for Onl • a fractional • fr;incitlse property during the prog• said t I part the Cityof uCouncil rk oL said City. thed e payment nInn thee Proportion) bwhich Dt t •-,•• ��- ,--,.,--.,} Grantee shall. temporarily discon- y.-1... e-::.:.-.-,•- C!` r f�• _ tot - rm. t. ' d �-•-�-----•�-••.-c:�w -i-s frac•• :r{t•-•-r.-:.-2;-rn-t � relocate or temporarily tremove, or shall do ale yti rt of y then to elye mond a franchise se property w I• period ears to 895. ^^ "•P : -�' •-•y- •?-• •--rT�••• ,,,. in said streets, to such extent ¢nit The annual payment shall :1..:: i _ ..: . ••,.. < a, i.1 A y .::4 U l Li via a in such banner, and for such period accompanied by two Utopias of ..................... -..................................................... as a all a Decease.ry to _ 'Phe word "Grantee" at, used hereto performance of each workmIn the atndtRyn Euthorized byrecra oath. STATE RESOLUTION No. 579 — shall mean and include the Grantee, economic manner, and In accordance of Grantee, gluing the total leag (1959 Series) its successors and assigns. with eicorally recognized er.gineer- of pipeline, pole linea and/or u A RESOLi;TION OF INTENTION (b) The u' o r d s "said Streets- Ing and construction methods and derground conduits on which t. Count TO G R A T FP.ANCIIISE OF herein Slu¢ll moan and Include all to per Uto maintenance, opera- annual payment la due, the re. County II N I ON. OIL COMPANY OF the public highways. streets, toads, tion and use of such public Im- per mile and the total amount du CALIFORNIA. ;111+3 a and other public wave within proa•ema t or of aald streets or pot•- SECTION 15: � ,PRIOR FRA: BE IT RESOLVED by W Council ill,- Ctt}• of San Luis OwePo, Ilona thereof as eo improved. All CHISES, This franchise ordinal 1 am a of the City of San IytYVbispo as let Tlne words "franchise. pt•op• such thinga to be done and work to shall, upon Its .effective date. terr follows: � erty" herein shall mean all Prop- be performed by the Grantee shall inate and supersede Franchise O SECTIOV 1. Pursuant to Section lerty- constructed. maintained or up• th az the•aoIs coat and expense of dinance No. 158 of said City, passe 1301 of the San Luis Obispo City erated Pursuant to this franchise In the Grantee. by the' City Council' of Raid Cii County Charter notice is hereby, given of any of said streets, including pipe- In tine event that -said City shalt an September 19.09, granting the intention to grant to the inion Ilrt, :s, pole limes ear conduits, and all hereafter construct, install, recon- franchise to Producers Transport: Oil Company of California, a Iran- appurtenant equipment. struct or repair any bridge or CGn- tion histtoCompany. Grantee's report, chise for a period of twenty-five (it) Tile words --aid City" here- Iflclnl support In or underlying ally sur in interest, which franchise interest (25) years to operate pipelines, tele- in -toll mean the City of San Luis of franchise a which' Ute Gran- now held by Grantee: -and any at phone -telegraph and power lines Obispo in the County of San Luis property is located. all other franchises held by Gant, within the Cit• of San Luis Obispo Obispo. State of California. and in tine event that the cost of withla the yresently incorporate as set forth in Lite attached ordi-II SECTION 3: TEEll: The terns such work as may be reasonably re- area of said i City. Further, tl --- -- ----- o[ this franchise alia!1 hr. fur a q Dred is Increased in order to Grantee's acceptance of this fro period of twenty-five (•SS) years trovnde for the "tion of main- chlRe atoll constitute a DO tinuin navice mark --d "Exhibit A" which from and after the date on which [mance or operation of Grantee's agreement o[ Grantee that if an is hereby ntnde a Dart of this reso- this ordinance becomes effective, franchise property in or on the when sold City ahall hereafter at in the plutiun. SECTION 4: ACCEPTANCE: Said area covered by or underlain by nex, or consolidate with, addltiom I SECTION 2 That September S. franchise and privilege shall be said bridge or other artificial sup- terr[tory, any and all franchise t.;;,9. at S:UU P.11. eat the City Coun-,granted upon the terms and condi- port• then the Cantee shall pay owned by Grantee therein she of the cil Chambers, 990 Palm Street, San to aatd City the full annount of such likewise be abandoned within th tions hereto" contained and those increase of cost upon completion of limits of such - Luis Obispo, California. is the time prescribed b}• law. The Grunter territory. an and place fixed for a public hearing shall, within ten (10) days from svW constriction, Installation -or Grantee's faclllties installed unde being not 1 --ss than 20 clays nor more and after the final passage of this repair' such abandoned franchises with) COLT"! titan tin days after the passage of ordinance granting said franchise, 9ECTI0\ 9: ' REPAIRS • Any such annexed territory shall corn this rr•snlution, file with the City Clerk of Raid City damage done directly or Indirectly under the terms and conditions e SECTION 2. The City Clerk sh¢II a written areeptance of said terms to any ot_sai_d streets or public im- this franchise. publish this resrintion at least once and conditions. Said written accept. pr Culatiorw!thin fifteen (13) days of the pas• ante shall contain tire Grantee's er tge Hereof in tiie Telegram -Trill- agreement to abide and be bound h uite. a newspaper published and by said terms and conditions. c -, circulated In said City. SECTION 5: EXCAVATIONS: out f the Cit -I PASSED AND ADOPTED this The Grantee shall have the right. lith day of August. 1959, by the fol- subject to all applicable ordinances re' 'louring roll Cali vote: and regulations of said City as are to AYES: I:enneth W. Jones. Ger- now or hereafter may be in force. Ist! state; t a.d W. Shipsey, Donald Q. SIlller, to make all necessary excavations ' J, Barry Smith, Fred 3L �l'a[era. or other encroachments in said to NOES: None. streets for the laying, construction- - ABSENT: None. /s/ FRED M. {CATERS, Mayor. Date .._. g an unntiti 1 l an E cruse property the approval c to avoid interi or and :1t3l1TS: The I •'"'y or arepartim commence the of said City w• tructing or re. Iocatlon of any chise property Property or the of this frau- age to said stri first have Ob- improvement w I Permit from days after. the Public Works notice upon the he said etreety upon I Tty Corr ses to lay or con -whatever !chise property. We out the ii the franchise prop- expense r other facts as said by the a( Public Works may the Grant cation of said fran- . SEM( shall be subject to TION: T the Citv Eneineee City, its or proposed Sewers, water lines, against other conduits and the traveling resultin Public. Said permit shall be issued by any upon payment of a feel of 10c per or oath foot and the work shall be done agents to the satisfaction of the City En- formanc gincer and subject to his inspec- tats fia tion. No permit other than those SECT necessary for emergency repairs Upon n shall be issued on any street that City Co! has been surfaced within two years terms a prior to the application. This fran. fit to in chise shall not relieve the Grantee tee the from the provisions of any ordi- without Dance or law that may be in force or main at the time requiring permits to SECT; be obtained for street excavations, Dept as nor prevent the Council from Bhang- Section, Ing the Permit fees. transfer SECTION 7: OPERATION: All or ally t !rnnchise property to be laid, con- granted Itruc`ed and operated. under this of_the_I P°O4 a of 19 ...... the Grantee, is ex. SECTION 19: FORFEITURE: An: or .a undertnthisyfren pill withailure or any of the co ditto al to ao rforming any" duty this franchise.- which neglect, fail nt to the Provisions ure, or refusal shall continue fo 1•G antee,eat iit, Sole "nog notice thirty 30) thea Grsntei e and to the sats- from said City, shall be ground! qty. - . . for a forfeiture hereof, and lair Cfall to comply If City IS its Clty Council, may there Il fail to comply orf upon decine'b this franchise forfeit. I diligently roceed ed, and may exclude said Granter :e with any Pnstruc- from farther use of said Streeti re act to the alt rtglits In ane! to [he` same` and s d franchise this franchise shall • be deemed tc Ir of any dam- be and shall remain null, void and or any Public'f no effect'. _ In thirty (80) SECTIOV 17:- F R A V C H i 6 F. Ica of written BOND. -Tho grapt of- this Lranchise .ntee requiringis eftecUve only upon the. further then the said condition that Grantee 'shall at all nmedlately do times during the life of thle frau. ease to carry chise keep on file with the City tt Ute 'coat and Clerk of•safd -City a bond running ee; whlch coat l to said City in -the -penal Bum of Will au IIaDlllty or loss or said City,- a If from claims for damages breach of the Person arising out of acts bond and this talons of the Grantees, its tion of the or employees, in the per- treated, up to the e of any work authorized by the kalr amount nchise.. sultla8 from , COV 12: ABAND0 N -3M -T: be taken and d mill of said City, the pon such coverall ea from Id. conditions Be itmay see surety. or =Inpose, may grant the Gran- bond. right to a andnn-in-ate.. esnm•n...•- tell well and and perform and condition all ordinances case of any 'Ions of such ise. that por. sum therein mum. equal to • damages re - breach, shall to be liqui- shall be re - principal and uPon such ESSORS AND slons of this rrsaoatae Dr;I,TIOY 19: EFFECTIVE urivilegea DATE: This ,ordinance, together t consent with the ayes and noes. shall be lit Clty• published once in full• at least three no such Published before Its final paysage;.in the for any Tele am - Tribune, a newspaper ge. gale ppubitahed and circulated . in sadd tnaUiat� tteet and the expiration shallof Tinto rslte of days after. its final. Aug. 25...-- .. - RESOLUTION NO.- .571 _(1959 Series) A RESOLUrIMB OF MRTENTION TO GRANT FROCHISE TO MUOW OIL CM&ANY OF CALIFORNIA, BE IT RESOLVO' by the Council of the City of Sao Luis Obispo as follows: SECTION 1. Pursuant to Section 1301 of the Sam Luis Obispo City Charter notice is hereby given of the intention to grant to the Unica Oil Company of California, a franchise for a period of five (5) years to operate pipelines, telephone- telegraph and power lines vithia the city of Sad Luis Obispo is set - forth in the attached. ordinance masked "Exhibit A" which is hereby made a part of this resolution. SECTION 2. That August 179 1959 at 8:00 P. B, at the City Council Chambers, 990 Palm Street, San Luis Obispo, Californias is the time and place fixed for a public hearing being not less than 20 days nor more than 60 days after the Passage of this resolution, SECTION 30 The City Clerk shall publish this resolution at least once Within fifteen (15) days of tits passage hereof in the Telegrm-Tribuae, a newspaper published and circulated in said City, PASSED AND ADOPTED this 20th day of July, 1959, by the following roll call vote: AYES: Kenneth N, Joness Donald Q, Biller, Gerald N, Shipsey, J, Barry Smith, NOES: lvoae Fred B, Waters ABSM: None ATTEST: City Clerk Fred B, Nates . mayor JAMES A. GRANT MANAGER PROPERTIES ADMINISTRATION �V 6`5-59 -- held for study L UNION OIL CENTER June 10, 1959 The Honorable Mayor and City Council of the•City of San Luis Obispo City Hall San Luis Obispo, California Gentlemen: No. 56185 JUN 1959 RECEIVED City Clerk S. L 0. CAL Union Oil Company of California, a California corporation, duly authorized and existing under and by virtue of the laws of the State of California, and having its principal place of business in the Union Oil Center, 461 South Boylston, Los Angeles 17, Los Angeles County, State of California, hereby makes application to your Honorable City Council for the franchise and privilege from time to time to construct, maintain, operate, repair, renew, change the size and number of and remove or abandon in place pipe lines for the transportation of petroleum, liquid hydrocarbon substances, gas, gasoline, water, waste water, mud, steam and other substances, together with all manholes, valves, service connections and appurtenances necessary or convenient to properly maintain and operate said pipe lines, including facilities necessary for cathodic protection of said pipe lines, together with poles and conduits, wires, cables and other appurtenances and equipment for telephone, telegraph and electrical power lines necessary or convenient for applicant's business, for the term of thirty-five (35) years from and after the date upon which such franchise shall become effective, in, under, over, along or across any and all public streets, roads, alleys, highways and other public places, now or hereafter dedicated to public use in the City of San Luis Obispo. It is requested that such franchise terminate and supersede Franchise Ordinance No. 158 of the City of San Luis Obispo, granted September 7, 1909, to Producers Transportation Company, applicant's predecessor in interest, and anyand all other franchise privileges held by applicant in the City of San Luis Obispo as of this date. We have previously submitted to your City Attorney, Mr. William M. Houser, Jr., two copies of a draft which we have prepared of a franchise ordinance of the type which we request. Said draft is naturally composed to cover our own interests; however, we feel it has substantial provisions which would protect the City of San Luis Obispo, and it follows.the form of franchises which have recently been granted to us by other municipalities and counties in the State of California, including the County of San Luis Obispo. -2 - We have also provided Mr. Houser with certain other information, including data pertaining to proposed franchise rental payments. The undersigned respectfully requests that your Honorable City Council advertise the fact of this application, together with a statement.that it is proposed to grant the desired franchise in the manner and time prescribed by law. We enclose our certified check in the amount of Two Hundred and No/100 Dollars ($200.00) to apply upon the expenses incurred in granting the franchise herein applied for, including the cost to Publish notice of sale thereof and the ordinance granting the franchise. Respectfully submitted, UNION OIL COMPANY OF CALIFORNIA By ager rope es i is ra on JAG:WHC:mlh Enclosure cc: Mr. Richard Miller City Administrative Officer City of San Luis Obispo San Luis Obispo, California cc: Mr. William M. Houser, Jr. City Attorney City of San Luis Obispo 990 Palm Street San Luis Obispo, California rriIiWt W .'\A0 UNION OIL BUILDING. J. A. G RAN T 71/(,. MANAGER PROPERTIES ADMINISTRATION May 13, 1957 No. 63ool Mr. Lee M. Schlobohm, Fire Chief City of San Luis Obispo Fire Department 748 Pismo Street San Luis Obispo, California 1 Dear Mr. Schlobohm: Enclosed herewith are three copies of License dated May 13, 1957, providing for the installation of one pair of wires for a fire alarm circuit on Union Oil Company crossarms attached to two Pacific Telephone and Telegraph Company poles and three Pacific Gas and Electric Company poles, located on Palm Avenue in the City of San Luis Obispo. After execution on behalf of the City of San Luis Obispo, please return the copy marked "Union Oil Company of California Secretary's Copy" for our files. When consents have been received from The Pacific Telephone and Telegraph Company and Pacific Gas and Electric.Company, as -noted in Paragraph 3, please forward copies of same to this office for our files. CLY:Jp Enclosures Very truly yours, J. A. GRANT No. 63001 L I C E N S E THIS AGRMENT, dated this 13th day of May , 1957, by and between UNION OIL COEPANY OF CALIFORNIA, a California corporation, here- inafter called Licensor, and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter termed Licensee, WITNESSETH:: That for and in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, Licensor does hereby give Licensee revocable and non-exclusive permission to constn:ct, maintain, operate, repair, renes and remove one pair of wires and necessary appurtenances thereto for a fire alarm circuit on Licensor►s crossarms attached to five poles jointly owned by the Pacific Telephone and Telegraph Company and Pacific Gas and Electric Company, located along the northwesterly side of Palm Street between the southerly side of Grove Street and the Southerly side of Grand Avenue, in the City of San Luis Obispo, County of San Luis Obispo, State of California. Location of said poles is shown colored red and the ownership the indicated on Licensor's drawing No. N2-1, attached hereto and by this reference made a part hereof. In consideration of the giving of this license, licensee covenants and agrees as follows: 1. This license shall be effective as of May 1, 1957, 2. Licensee recognizes that Licensor's crossarms, attached to the five poles mentioned above, are maintained by Licensor pursuant to a license from The Pacific Telephone and Telegraph Company for two of said poles and pursuant to .a license from Pacific Gas and Electric Company for the remaining three poles. 3. Licensee agrees to obtain, in writing, the necessary con- sents from The Pacific Telephone and Telegraph Company and Pacific Cas and Electric Company for Licensee's attachments to Licensor's crossarms. -1- 4. It is understood and agreed that the permission and Privileges herein given are subordinate to and subject to all valid and existing licenses affecting said poles. 5. Licensee shall and will place, maintain and operate said structures so as not to interfere with any existing power lines, telephone lines or other facilities or structures on said pole line and shall not obstruct or interfere with Licensor►s use and enjoyment of said pole line, and if the attachment of Licensee's structures shall make it necessary to alter any of Licensor►s structures and equipment or shall require addi- tional construction by Licensor, Licensee agrees to pay to Licensor the cost thereof upon demand. 6. Licensee's wires shall not carry voltages in excess of the limits which Licensor may prescribe and Licensee shall not attach to Licensor►s crossarms any wires in any way unduly exposed to electrical contact with or inductive disturbance from any electric light or power circuit without first having obtained Licensor►s written consent there- for. An undue exposure is defined as any crossing, overbuild, joint construction or parallel with or by any electric light or power circuit that does not provide a measure of protection satisfactory to Licensor. 7. If Licensor, at any time or from time to time shall require the transposition of Licensee's circuits or the removal, alteration, or relocation of said structures, Licensee, at Licensee's own cost and expense, shall complete such transposition of Licensee's circuits or such removal, alteration, or relocation of said structures within. thirty (30) days after receipt of written notice from Licensor so to do. 8. Upon the termination'of this license, or the'revocation of the privileges herein granted, as provided herein, Licensee, at Licensee's own cost and expense immediately shall remove said structures and restore. said pole line as nearly as practicable to the same state and condition as that in which it was prior to the attachment of said structures, and to the satisfaction of Licensor. _2_ 9. If Licensee shall fail to perform any act herein required to be performed by Licensee, Licensor may perform such act and Licensee agrees to pay the cost thereof to Licensor upon demand. 10. Licensee hereby releases and discharges Licensor from all claims and demands by Licensee for loss of or damage to Licensee's property, and agrees to indemnify Licensor against and save Licensor harmless from all costs and expenses, including attorney's fees, and all liability, and claims and demands of others, for loss of or damage to property, or injury to or death of persons, which may result directly or indirectly from the granting, use or termination of, or operations under, this license. Licensee agrees to pay Licensor in full and promptly upon demand for any and all loss of or damage to Licensor's property caused by Licensee by or growing out of any operations of Licensee hereunder or in connection herewith. 11. This license is personal to Licensee and Licensee shall not assign or transfer this license, in whole or in part, without the written consent of Licensor first having been obtained. 12. .It further is agreed that this agreement may be terminated by either party hereto by thirty days' notice in writing to that effect given, by either party hereto to the other, but termination for any reason shall not relieve Licensee from liability incurred prior to such termination and prior to removal of all of Licensee's structures from Licensor's crbssarms to Licens,or's satisfaction.. 13. Licensee shall pay before the same become delinquent all taxes, assessments, and other charges levied upon or against any and all structures placed on said pole line by Licensee. 14. Any notice provided for herein, from either party hereto to the other party, may be served by depositing in a United States Post Office, postage prepaid, a sealed envelope containing a copy of such notice and addressed to said other party at its principal place of business. -3- 15. Except as otherwise provided herein, the terms and con- ditions'of this agreement shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. IN WITNESS WIMEOF; the parties hereto have duly executed this license as of the day and year first above written. UNION OIL COMPANY OF CALIFOBNIA By ger operties Administration Assistant Secretary CITY OF SAN LUIS OBIS $P 1J . -1 PO. ABOVE 2 POWER ABOVE..... ..:..PT. P.T. N M P. T. PPLACEO:SY:A ': ' 3 ' PLACED A _ N M EET Po' ABOVE PTCABLEMEJ LIGHT P. G. TO JUNCTION POLE P.T. P.G P.T. I PQL.F— N SEEN 2 — 2 _ N n 4 ...... PLACED HVA PO. ABOVE P.T.CABLE . N M P.G. P.T. •....PLD 13Y IN P.O. SPACE \\ 1 l \ 1 P. T. CABLE ..... ! �_—_---_— _ ,I Pa ABOVE &L.aF.A. \ \ Q PLG 8Y A N GRAND WVE. o IN P.G. SPACE \ \ \� .GBE.rO.PQLE O ST. LT. \ 6 P T. CABLE I POLE _ _ _ - \ G 8 P. T POLE J.P. 430 �/ J SLO.F.A. P.G. P.T. \ \CQ POLE J. P. 9 - 1229 O PLACED BY A ...... \ \ I POLE _ _ _ — PTCABLE POLE) 30 P. T. 7 '�R V P.GH PT.. 4 Cb T b S L.O. F. A. + ' P.T. B T. POLE PL'D BY A-.. N M P.T. CABLE S Pa ABOVEP. T. J. P. 44 \ S.L.O. F. A. //// /� P. D.B P. T. T. POLE ' �J / PGBE.CD. 1215 PDX BY A / ST. LT. / / PO 447 'P. T. CABLES i POLE Q P.G. P. T. •+ /� / P0.48OVE POLE 6 S. L.O. F.A. ...... PLACED BY /� /� / /ESSEX IN P.G. SPACE 10 PO. ABOVE P. T. f'LAIF � /� /ul POLE 443 {/� S.L.O. F.A. ./ P.G... P.T.77 PLACED BY A •-... / / / / TORO 4 5 T. P. T. TW. DROPS 1= ------ /'/LE 444 • P. G. PO. ABOVE 1 I / / / J / / d O S.L.O. F.A. ON POLE 446-447 P.O. B E. POL 3 TO AVILA N ML. .PLACED BYA /� /. / SANTA ROSA ST. -- 12 - ST. LT. 3 vOLES�/./ �/ / )• SEE N9 -I PO.ABOVE P.O. /� L,I Ir LU S.L.O.F. A. ,\\ / O FL. BY A / Olov, ! ST. STREET LIGHT '3 SAME AS PIC. NE II i 11 P D. � TO [OFFICE I I r Po. ABOVE' / / SEE N 0 — 1 13 � PDL¢ _-_/� / / N n ygg(AE_AS PK. IJP/ / .—INDICATES POWER ARKS OR -INE9 ON -POLE . ABOVE GOMMAbCATI N CANS ':. PL. BY A • . ST. LT. _J-AAI�F AS MIL/ CR0594NM OWNER OR ARM PLATED BY P. G. _ `POLE OWNER , CROSSARM OWNER IF Mar SSAME AS POLEE OW A LA60N OIL 00 OF CALIFORNIA �� 1 CIR=--SAN LUIS OBISPO TO VAL.EY- DISPATCHER 1 2 _ .. .. .. .. BANERSFIELD- TRUNK . S .. .. _ .. .. - S.LD.TO MmWAT- P. L DIST. FOREMEN BLABS. - P.G-PACIFIC GAB AID ELECTRIC CO. � FT. -PACIFIC SAN TELEPHONE BISPO CITY FIRE DEPT. ALARM sYHrEM TOTAL POLES= 16 TOTAL SPAN =.3385' REV. DATE REV. CATE DRAWN 9. C. APP'D. �. K. C. 3-12-s1 TELEPHONE CIRCUITS W. M. 6- IT- 51 SAN LUIS OBISPO TO_ JUNCTION.'PUMP STATION SCALE r'° 606 DATE SEPT. 1, 1980 SAN LUIS O BISPO CO. CAL IFOR NIA n I UNION OIL COMPANY OF CALIFORNIA ' V _ 6mereeAee flrnvinn Nn TD1_1 AA�OA I_a_9n _ MODIFICATION OF RIGHT OF WAY TBLS IPIDBh' U E, dated thPLs_ hdar of August 1952,1 by and between GITY OF SAN LMM OBISpO, a municipal corporations hereinafter termed °mentor# and mim on COMPANY OF CALiFO ms.a corporations hereinafter termed "Grantee9, WITNESSETRe MMMS, by Right of way Deed,. dated MW 19,, 1952,0 recorded July 93, 1952, in Book 665, at Page 103 of Official Records of San Luis Obdepo County, California, Grantor granted Grantees its successors or assigns, a right of way from time to time to lay, maintains OP=ten repair, alter and remove two (2) pipe lines for the transportation of an gas, nater and other substances, with the right of ingress and egress to and from the ems oversthrough, under and along that certain parcel of land situate in the County of San Luis Obispo$ State of r-aispornias described as follows, to -Witt lot 5 of Buford and Chapmants Subdivision of Lands in Tofnahip .31 Souths Range 12 Fasts I.D.B. and i'!., according to map filed for record September 283 1876,in the office of the County Recorder of said County* said pipe Innes to be constructed within a strip.of land ten feet (10t) in widths as detwtdned by the center line of said strip as desmibed in said Right of Toby Deed; and t8, the parties hereto mutually desire to change the location of said strip of land within which said pipe line shall be constructed, NCNB Tom, in consideration of the mutual benefit and One Dollar (131.00) to each in hand paids receipt of which is hereby acknowledged, it is mutually agreed that said pipe lines shall be constructed overs throughs under, across and along said land Within a strip of land ten feet (10t) in width, the center line of which is described as follow: Beginning %t mpat ace point in the northwesterly Jim of said ortheasterly thereon 44487 feet from the most westerly corm of said lot; thence South 28° 46, 300 East 69.15 feet to a line parallel with and distant I -. easter from ono shadlot;y 5.0ce eeetth 6 the s � line ong Parallel line 526.82 feet; thence Northa200 41fs aid h5l, Fiests 196.57 feet; thence South 630 46+ 459 East 42.36 feet to the easterly line of said Tot. ! Zn all other r89pects, said right of W shall. remain in Rill force and affect. IN MMSS VMWFs the Parries hereto have executed the presents the day and Year first .above written. CITY OF Sm Luis OBISPO Opp . Rjr 1 �' ♦ 1 � ilul' i � � - , •2- STATE OF CilAi4iY\{CH U ) ) ss COUNTY OF LOS ANMES) on this �= day of In the year A.D. 1952, before me RBLFII R. ffiLLER, a K0tar7 Public in and for said County and S#ate.$ residing therein and &ay Commissioned and worn, pereona.12y liplilliqpp and R. F. xrm known to me to be the searetary of MIM OIL CCpANr OF CALVORMj, the corporation poration that executed the within insbument and known to me to be the persons who executed the within instrument on behalf of the corporatioa'theredn named, and admowledged to me Haat such corporation executed the Saimaa IH WrMBSS MMMF,. i have hereunto set uV hand and affixed by official seal the day imd year in this certificate first above written. h+Y "Lumission Expires Sept 16,195S SSB OF CALIFORM ) COURT of San Luis Obispo ) � On this 20th d8y of August. in the year am thousand nine hundred and fiftwy .taro, before me Ralph C . Kennedy a Notary Pobli.c in and for said Comity and State, residing therein daV coma- nissioned and sworn, personally appeared Timothy I. O'Reilly known to me to be the Ever and Evelyn L. Rothberg Deputy known to me to be the/City Clerk of the city of San, Luis Obdspo, the municipal corporation that executed the within instrmnent, known to me to be the persons who executed the within Instrument on behalf Of the municipal corporation there- in seamed, and acknowledged to me that such corporation executed the same. INN =WS Fy I have hereunto set zV band and affixed jjV official Beal, in aafd Cauatys the day and year in this, aertificate first above written. San Luis Obispo 1 California, My Commission.expires April 19, 1956. RECORDED SEPTEMBER 17, 1952 IN BOOK 676, OFFICIAL RECORDS, PAGE 286, SAN LUIS OBISPO COUNTY, CALIFORNIA. DRAWN BY R.VV TRACED BY CHECKED BY APPROVED -K REF. OR F. B. 52r SCALE / =J[ DATE _April RIGHTS OF WAY 5AN LUIS OBISPO D15TRICT SAN LUIS OB15PO COUNTY CALIFORNIA i /952 UNHOM OOL COMP)AN 11 OF CALSOFOIn M04%°. LOS ANGELES, CAL. REVISED n•T¢ I Rev. aY I cKn. by 7- /5-521 R. '✓. W. 2 203-28 8 SHEETS: SHEET. — t) PROPERTIES ADMINISTRATION DEPARTMENT t11 y tb 111 r d► ph"1 \ x tll'=lf ru ---, .a UNION OIL BUILDING -10SAt Z.aER1 SJ[ -J C H.W0MXM,51 August 1, 1952 55o4g.1 City of San Luis Obispo San Luis Obispo, California Attention: Mr. J. E. Brown City Clerk Gentlemen: Union Oil Company of California recently completed the installation of two 8—inch oil pipe lines across the City of San Luis Obispo Sewer Farm Lot 5, South of the City, along right of way authorized by Resolution No. 1102. A change in location of the center line of the original construction was necessary at the most westerly end of the strip in order. to avoid blocking an access entrance from State Highway 101 into the City lot. This matter was brought to the attention of City Aigineer, L%lr. Hamli.n, who approved the new location subject to having the right of way corrected. We have, therefore, prepared and are enclosing in duplicate, ,codification of Right of [-lay No. 55019.1, with map attached, which covers the above mentioned change in location. If this meets with the approval of the City Council, would you please have the instrument executed on behalf of the City of San Luis Obispo, and return both copies to us in the self—addressed, stamped envelope. Upon completion, we shall forward the fully executed duplicate copy to you for your records. Your cooperation in this matter is greatly appreciated. Yours very truly., V\2- ��'� ) E. A. Harden r y �Hv .,b X. Right of Way Representative ../r L't1Ll:bmb EIIC15. cc: Mr. George H. Hamlin, City Engineer City of San Luis Obispo San Luis Obispo, California (with map) "•. ' FORM 799 4/49 1500 MUNTte in U. s. a. ' RIGHT OF WAY xo..._5.�0�. ..................................... FOR AND IN COxSWMATIOx ,f the sum r.t.... hand paid, the receipt whereof ....i'..... ....�....�yiiNa1...�.�0. lly,to the undersigned in >s hereby Q�%acknowledged .................................. ................................ ................................... ............ _._..-•---• ...QF..at3,1+J..I.............................................................. ,UTS._QxiIS�'Q,.._a....z►�u�.i..a,�?al...�QrPa�ra�iQz�,,.------.............................. - --.._..—-...... _.... ................. ............................................................................................................... ........._..................... grantor herefn, of the County of ............ � .Tats s..�ir 0........ to MM OIL COMPA.1'Y OF CAL,IMILVIA, a Co p State of ..............�7.$47 Q a.. ............... do..P�.... hereDY grant rporatloL�YBOra herein. Its successors or assigns. the right of way, from time to Will time- to lay, malatais, operate, repair, alter and remove/pipe a 1Sne3 f�r the trap ortaticn o! oil, P gsa, water and other substances, J= ' the same, over, through• under and along that certain with the right of Ingress and egress to and from Parcel of land situated In the County of.......S?.n.,j, $....� jgDQ State ot.............California and described as follows, to wit: Lot 5 of Harford and Chapman's Subdivision of Lands in .Township 31 South, Range 12 Eastii.D.9. oc PL, , according to map filed for record September 28, 1876, in the office of the County Recorder of said County, Said etesconstructed within ibten(10) fein>�h.thtenerli whias follows: es described 3eginning at the intersection of the northwesterly line of said lot with a line parallel with and distant northeasterly 5900 feet measured at right angles from the southwesterly line of said lot; thence South 630 591 East along said parallel line 573.32 feet; thence North 200 411 4511 East, 195.57 feet.; thence South 630 46''45° East, 1x2936 feet to they easterly line of said lot. It is understood and agreed that in the event Grantee s.au fail to use said right of Way for the parposes herein provided for a period of twelve (12) successive months, this grant ofright of way and all rights hereunder shall cease and terminate upon 90 days, prior written notice from Grantor to Grantee to that effect given, .Irene se_ , ;_.� o. -rrant.or1s urQ=o�t�e ops., �.ar�to e� w Sim the J -V. _J''S !�' no r'� for b: ern e r_•, �i , '.71t!iin Si%';' j' •� �- ..a^� S..:_1, a� fits ' 1?'3lto:, raise jo,;� w'� .�*S :r 2. and CJ'1 la+c'StJre Saj.+nre� 1S OS e.Ilearivrag �O'Sil _=�_pe` .yneS, 7: t on h - t0 -, -�� _ aS t _1C tha ;e,e a;..� ze Ile or recons:r c`i _Y al _or to u �-, _s he case :ay A / The grantee aha11 I pipe Pay any damages which may arise or result from 1k LYiag, erecting, malatalning, operating or removing na; said damages. if not mutually agreed upon to be ascertained an determined D Persons, one thereof to be appointed by the grantor, or ass y three disinterested as aforesaid: and the award of such three y two m1e by the �IItOe� or Wlins. and the third by the two so a peradnb or an two of them shall be Eaal and conclusive. appointed trim niffitmucla;3M The top of said pipe Imes where crossing cultivated lands Shall De buried to a depth of at lesat....fp _ g' inches below the surface at the ground. (14) Y:. fight IN wlTNM ti'Hl3MF. these presents are hereby- Signed this ............. day ot...... /09., ... .... ..........79..5..... e3 Executed in the presence of /"�`�`�-•••-.-=f-..../.!.. -. .......... Subscribing W'Ances. APPROP®� Bv....7. J� 1Lq� ✓.1. �............................................ Supervisor larY�a� - BY......... • Department Operating By.................. II Assletan[ c.a .t STATE OF CALIFORNIA. Count? OrLL . . .. ...... L.- . . ...... . .. On this - — ---- - — ---------- day In the Year one thousand nine hundred and ................... . .................... before me---._ ...... . ...... . .. . — --- — - --------- & Notary Public In and for Bald County, residing therein. duly commissioned and sworn; personally appeared......_......_.._- ... . . ...................................... .... . .... . ... . ................................... ............. .. . ........ ............. . ................................. ....................... .... . .................. —•-........................................ . .............. ........ ............................... : .......................... ...... known to me to be the person-___ whose name......._....._.._...._._, ........... aubecribed to the within Instrument and ....... he... -- acknowledged to me that - he—._ezecutod the Same. IN WITNESS WHEREOF. I have hereunto subscribed MY name and affixed my official Seal, in said County, the day and year first hereinabove written. STATE OF CA"WrOILNIA. County ot . ................ . .............. 82. On this .. . .... . . ..... . day before me . . .. ................ ....... __ . . . ................... . . . ........... . . .............. ... Notary Pubii'c*'*-*""'--*"'-"---'*'"'--'*'*"-- In and for the County of ........................................ State of California. In the year .one'thounand -nine hundred and ........................... a Notary Public in and for said County, reelding.therein, duly commissioned and Sworn. personally appeared._. . . ......... . . . ....... . .......... . .. . . . ... ........... ........ .................... . personally known to me to be the same person who" name IS Subscribed to the within and annexed instrument an a subscribing wit. nose thereto who, being by me duly sworn, deposed and Sam that he resides in the . ..... . ............. County State 01 California. that he was present and Personally known to him to be the Same Vergon­deStribed In, and whose ..subscribed to. and who executed the within and annexed Instrument aa—..pLrt - — - - ----------- thereto. Sign and execute the Same. and that be. the said afflazt, then and there subscribed his name to said Instrument sa A witness, IN WMEBS WHEREOF, I have hereunto Not m7 hand And affixed my official seal. In the said County. the -day a!nd . Year last above written. . . . . . . . . ......... In and for the'(Dounty of ............................_.___...Stats of California. STATE OF MLWO County of. On 40 - On this ....... day of......._.._. ...................... In the Year one thousand nine hundred and before me ............. r )� Notary Public I for Sol County and State, residing therein, duly commissioned ............. ­­­— -fC4G"t-!­ Q ........................... . a a sworn, personally appeared .... 00 ........ ............. . knoign to me to be the andm .......... . .. .................. ....... bgoyym . .......... . ... . . . ...................... known to Me to be th?a1'1j%CA100r' - (,Or Ser 6r . . ....... . Co to that executed the . within . 6or ................................ ...... thycowr Instrument it J7 nOwn to me to be the persons who executed the within instrument on be of th Corporat n therein named. and acknowledged to me that such Corporation executed the Same. IN WITNESS WHEREOF. I have hereunto not my hand and affixed my official goal. In said County, t................................ hY and year in this certificate first above written. L .............. .... .. ......... ......... ... :Votary lie In and for the County of.,L-41 . ...... .. tate of California. rMOLUTION N0. 1102 (NEW SERIES) A RESOLUTION AU!=RIZING TNN GRANTING OF AN EASEMENT TO TM UNION on COMPANY OF CALIFORNIA B$ IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the City of San Luis Obispo.does hereby grant to the Union 011 Company of California, a corporation, a license and a right-of-way to install pipe lines on the real property owned by said City at its sewage disposal plant. BE IT FCaTEER EESOLVED that the Mayor of the City of San Luis Obispo be, and he is, hereby authorized to execute said 'license and said right -of -'My for and on behalf of said City, which execution shall be attested by the City Clerk. PASSED AND ADOPTED this 19th day.of May, 19529 by the following vote: AYES: D.N.Carnenter Paul :17.0avis, Fred Lucksinger jimothy I.01:leilly, ra V.Woods NOES: None ABSENT= None IEL In WASA I, J.E.Brown; the duly elected, qualified and acting City clerk of the City of San Luis Obispo, do hereby certify. that the foregoing is a full, true -and correct copy of Resolution No. 1102 (New Series), passed and adopted by the Council of the City of San Luis Obispo on the.19th day of..May, 1952. TfTTNFSS my hand. and the seal of the City of San.Luis Obispo this 19th day of May, 1952 "-7 10 RM AOt E•se >OM PRINTED IN U.S. A. 0 PRODUCERS AND REFINERS OF' CRUDE OfL,FLIELOIL, ROAD OfLAND ASPHALT. , UNION GASOLINE.KEROSENEAND DISTILLATE, 'RED LINE'LUBRICATING OILS ANDGREASES. GERALD G. BLUE MANAGER OF INSURANCE Office of the City Clerk San Luis Obispo California Attention: City Clerk Gentlemen: UNION OIL BUILDING LOS ANGELES. CALIF. November 18, 1936 National Surety Corporation Bond HO -460189 in behalf of Producers Transportation Company and in favor of the City of San Luis Obisno is on file with ,your City. Inasmuch as the franchise covered by such bond was assigned, effective February 10., 1936, by the Producers Transportation Company to the Union Oil Company of Cal- ifornia, the attached rider has been prepared and executed for attachment to said bond. Will you kindly accept and handle accordingly? Very truly yours, GMALD G. BLUE' Manager of Insurance �1r'i�I:: mi By vitt . NATIONAL SURETY CORPORAMON. NKWYoRK, N.Y. VINCENT CULLEN PRBSIDENT. RIDER TO BE ATTACHED TO AND FORMING A PART OF FRANCHISE BOND N0a Ho 46o1S9 IN BEHALF OF PRODUCERS TRANSPORTATION COMPANY, AND IN FAVOR OF THE CITY OF SAN LUIS OBISPO, MCUTED BY THE NATIONAL SURETY COMPANY, AUGUST 25,1909, AND ASSUMED BY THE NATIONAL SURETY CORPORATION on MAY 11 1933• IT IS HEREBY CONSENTED THAT THE NAME OF THE PRINCIPAL IS HEREBY CHANGED TO READ # UNION OIL COMPANY of CALIFORDtIA#p °EFFECTIVE FEBRUARY 15,19361, SIGNED,SEALED AND DATED this fourth day df Novemher,1936a NATIONAL SURETYAORPORATI By: Attorney act THE FOREGOING IS AGREED TO AND ACCEPTED : PRODUCERS TRAA%NNSPORTATION COMPANY • TcE- PRE57DENT �! •:I UNION OIL COMPANY OF C LIFORNIA pu il �J I I VICE-PRESIDENT . I .I I!k' � /`�` " \I .•.� T 1 O �J A L S l -J t� C T Y T. 27521-20M-636 Had- in 0.6A 48 - ORDINANCE No. /Srfv V Granting to Producers Transportation Company a franchise to construct, operate and main- tain pipe lines to carry petroleum oil and its bi-products, natural gas and water and to erect and maintain telephone and tele- graph lines to be used in connection there- with over and across certain streets and highways in tiie City of San Luis Obispo. The Board of Trustees of the City of San Luis Obispo do ordain as follows: ?7R0PREAS, application was made on the 19th day of July, 1909, by Producers Transportation Company, a corporation, to the Board of Trustees of the City of San Luis Obispo, State of California, for a franchise or privilege to construct, lay and maintain, repair, replace and operate, use and enjoy pipe lines to carry, transport and convey petroleum: oil and any and all of its bi-products, natural gas and water between the points hereinafter named and intermediate points and ,at any and all times to do and perform all things necessary, convenient or expedient in connection with the construction, erection, maintenance, repairing, replacing and operating .. f such pipe lines over, along, under and across the pubic streets, roads and highviays of the City of SaniLuis Obispo between the points hereinafter designated and all intermed- iate points; also, the franchise and right to construct, erect, maintain, repair, replace and operate., use anal enjoy over said streets and highways, telephone and telegraph lines i to be used in connection with the operation, maintenance, use and enjoyrient of said pipe lines between the points hereinafter designated and intermediate points: And, the said application having been on said 19th day of July, 1909, filed ;kith the Clerk of said Board,— and, whereas, said Board deed ed the granting of said application to be for the public interest, and proposed to grant the same, and by order duly passed and adopted on said 19th dad* of July, 1909, ordered the fact that the application for said franchise or privilege had been made to said Board, together with the statement that it proposed to grant the same, to be publish— ed and advertised in the "Morning Tribune", a daily ne1rs— paper of general circulation, printed, published and circulat— ed in said City of San Luis Obispo, County of San Luis Obispo, State of California, once a day for ten successive days or as often during said period as said newspaper was published, and that said publication be commenced not less than thirty days nor more than forty days before the 23rd day of August, 1909, and that said advertisement should state the character of said franchise and the term for which it is granted and that sealed bids would be received by the Board of Trustees at the Office of the City Clerk of said City, in the City Hall in the City of Sar. Luis Obispo, State of C^lifornia, on and up to the 23rd day of August, 1909, at the hour of seven—thirty o'clock P. M. of said day, and at said time and place tenders would be read and the franchise applied for, sold and awarded to the highest bidder; and, ?7hereas, it appearing to this Board that said advertise - 2 :Hent eras published in all respects as: required by law and said order of this Board, and n- ereas, said Producers Transportation Co.-q�pa,-w, did, in accordance »ith.said order and said advertisement, bid the sum of two hundred and fifty dollars for said franchise, and this Board received said tender, and, on the 23rd day of August, 1909, at the hour of seven—thirty o'clock P. h:. met in open session and read said bid; and, whereas, no other tender for said. franchise or privilege has been made to or received by this Board, and said Producers Transporta— tion Company is the highest and best bidder therefor; Therefore, there is hereby granted to Producers Transportation Coypany, a corporation, and to its assigns, a franchise for the terra of fifty years from and after the passage of this Ordinance, to construct, lay, maintain, repair, replace and operate, use and enjoy pipe lines to carry, transport and convey petroleum oil and any and all of its bi—products, natural gas and Plater between the points hereinafter named and intermediate points, and at any and all times to do and perform all things necessary, convenient or expedient in connection with the construction, erection, maintenance, repairing, replacing and operating such pipe lines over, along,'under and across the public streets, roads and higfirrays of said City of San Luis:Obispo between the points hereinafter designated and all intermediate points: also, the franchise and right for said term of fifty years to construct, erect, maintain, repair, replace and operate, use and enjoy over such streets and highways, telephone and telegraph lines to be used in correction with the operation, r:Kairtenance, use and enjoyment of said pipe lines between 3 the points hereinafter designed and intermediate points. Said pipe lines, telephone and telegraph lines to be constructed, maintained and operated along, over, under and across the streets or any pant of the streets, roads and highways hereinafter particularly described as may be necessary, advisable or convenient to be used in order to properly or conveniently construct, maintain and operate such lines between the commencement thereof and the terrli.ation thereof as hereinafter designated and described. The streets, roads and highways over, along, under and across which said pipe lines shall be erected, maintained and operated are particularly described as follows, to wit: - Commencing at the intersection of the northerly boundary of the City of San Luis Obispo with Iionterey Street, thence southresteriy along Monterey Street to its intersection with Essex Street, thence southeasterly along Essex Street to its intersection with Pismo Street, thence soutbn:esterly along Pismo Street to Higuera Street, thence southerly along Higuera Street to the southerly boundary of said City. The work of constructing, Dying, erecting, maintaining, repairing, replacing said pipe lines shall be done and perform- ed in accordance with the Ordinances of the City of San Luis Obispo now in force or which. may hereafter be adopted appertain- ing to excavations in public streets and highways. Not more than two lines of pipe snail be laid and maintained, and all pipe shall be buried not less than two feet below the grade line of the streets along i --v ich the same shall be laid, and shall be laid so as not to interfere with or damage a::y public manhole or public sewer or connections therevith, or any pub- lic water main or connections therewith, or any gas trains pipe 4 i or connections therewith. In the construction and maintenance of said telephone and telegraph lines, not more than one line of poles shall be used; Voles must be placed along outside curb line of sidewalks and shall be uniform in size and not less than six inches in thickness and all wires must be sus— pended not less than t:nenty—two feet above the grade line of the streets along which the said telephone and telegraph lines shall be constructed. Said Producers Transportation Company shall place and maintain at sore convenient point nithin the City of San Luis Obispo in one or more of said pipe lines when constructed through said City a tee or opening for the purpose -of .•del-iver-- ing oil in the City of San Luis Obispo. The said Producers Transportation Corgpany and its assigns razst during the life of this franchise pay to the City of San Luis Obispo two per cent of the gross annual receipts of said Producers Transportation Company, or its assigns, arising from the use, operation or possession of this franchise; Provided, that no percentage shall be paid for the first five years ducceeding the date of this franchise, but, thereafter, said percentage shall be paid annually. 4VOL This Ordinance shall be published twice in 4VOL v✓/ , a daily ne«spaper, -Printed and publisheff in the City of San Luis Obispo, State of California, and shall be in force and effect after its passage. Introduced August �, 1909, and passed September 1909, by the following vote: u Ayes - w fns i�ir e , it `�:�:GP. 1 /l 4ZM44.W 60o"ea-Z/4 Woes 5 Absent Approved, September kL, ? ;'G9. I 5�5e�7�� Charman of the Board of Trustees of said City. A:.est: 1 City Clerk.