The URL can be used to link to this page

Home My WebLink AboutORD 1459 (2015)ORDINANCE NO. 1459 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA GRANTING A FRANCHISE TO WICKLAND PIPELINES, LLC, TO CONSTRUCT, MAINTAIN AND OPERATE PIPELINES WITHIN CERTAIN PUBLIC ROADS, STREETS AND WAYS OF THE CITY OF TUSTIN. CALIFORNIA WHEREAS, Wickland Pipelines, LLC ("Wickland"), a California public utility under Public Utilities Code Section 216(a), has applied to the City of Tustin ("City") for the right to construct, maintain and operate one 12 -inch pipeline along a route within the City to transmit jet fuel to John Wayne Airport; and WHEREAS, City is authorized to grant a franchise upon the public streets, ways, alleys and places within the City for, among other purposes, transmitting and distributing oil pursuant to Sections 6201, et seq. of the Public Utilities Code of the State of California (the Franchise Act of 1937); and WHEREAS, the City Council of City adopted a Resolution of Intent to grant the franchise and held a hearing on July 7, 2015, for the purpose of hearing objections to the granting of the franchise; and ' WHEREAS, the City Council finds and determines that it is in the best interest and welfare of the City to grant the franchise upon the terms and conditions hereinafter set forth in this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN DOES ORDAIN AS FOLLOWS: Section 1: Grant of Franchise The City grants to Wickland, hereafter sometimes referred to as "Franchisee", the non-exclusive right, privilege and franchise to construct, maintain, inspect, operate, protect, repair and replace facilities (the "Facilities") consisting of a pipeline with an internal diameter of twelve (12) inches, including control facilities, connection improvements and equipment, and other appurtenances, and any facilities necessary for the cathodic protection thereof, for the transportation of jet fuel in, under, along, over and across the public streets, roads, highways, alleys and other public ways described in Exhibit "A", attached hereto and incorporated herein by this reference (the "Franchise'T Section 2: Term of Franchise I The Franchise shall be for a period of thirty (30) years from and after the effective Ordinance No. 1459 Page 1 of 8 date of this Ordinance. ' Section 3: Conditions A. Reasonable Regulation City reserves the right to enforce reasonable regulations concerning the construction and maintenance of Facilities located in, under, along, over and across public streets, roads, highways, alleys, and other public ways and the placement of such Facilities, including the appropriate depth of the pipelines, subject to valid and applicable federal and state laws and regulations. B. Performance Bond Franchisee shall, concurrent with the filing of its written acceptance of the Franchise, file with the City Clerk, and at all times thereafter maintain in full force and effect for the entire term of the Franchise, at its expense, a faithful performance bond executed by a surety company approved by the City Attorney in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00), renewable annually, and conditioned on the faithful performance by Franchisee of all the terms, conditions and covenants contained in the Franchise. If Franchisee fails to comply with any one or more of the provisions of the Franchise, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or losses suffered by City as a result , thereof. Such bond shall provide that thirty (30) days prior written notice of cancellation, material change, or intention not to renew such bond be given by the surety company to City. The City Manager may increase such bond amount if in his reasonable determination the bond amount is insufficient due to inflation or other factors. Neither the provisions of any bond accepted by City pursuant hereto nor any damages recovered by City thereunder shall be construed to excuse faithful performance by Franchisee or limit the liability of Franchisee under the Franchise or for damages, either to the full amount of the bond or otherwise, or preclude exercise of any other right or remedy given to City by law, whether exercised concurrently or subsequently. C. Indemnity To the fullest extent permitted by law, Franchisee shall indemnify, hold harmless and defend, with counsel reasonably acceptable to the City, the City, its boards, commissions, officers, and employees, acting pursuant to City authority within the scope of their employment, against any and all loss, damage or liability for injury to or death of any person or any damage to any property caused by Franchisee, its officers, agents, or employees, in the construction, operation, or maintenance of the pipelines, or arising out of the exercise of any right or privilege under the Franchise. I D. Insurance Ordinance No. 1459 Page 2 of 8 ' (a) Franchisee shall maintain during the term of this Franchise, comprehensive general liability insurance or commercial general liability insurance written on an occurrence basis providing for a minimum combined single limit of $10 million for bodily injury, death and property damage. (b) Franchisee shall maintain during the term of this Franchise, automotive liability insurance on a comprehensive form written on an occurrence basis covering all owned, non -owned and hired automobiles providing for a combined single limit of $1 million for bodily injury, death and property damage. (c) Each policy of general liability and automotive liability shall provide that City, its officers, agents, and employees are declared to be additional insureds under the terms of the policy with respect to any rights granted by this Franchise. A policy endorsement to that effect shall be provided to the City along with the certificate of insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 07 04, or equivalent. In lieu of an endorsement, the City will accept a copy of the policy(ies) which evidences that the City is an additional insured as a contracting party. (d) The insurance policies maintained by Franchisee shall be primary insurance as respects City, its officers, employees and agents, and any insurance held or owned by City, its officers, employees and agents shall be excess of, and shall not ' contribute to, Franchisee's insurance. (e) Before Franchisee performs any work or exercises its rights under this Franchise, it shall furnish certificates of insurance and endorsements, as required by City, evidencing the aforementioned general liability and automotive insurance on forms acceptable to City. Said certificates of insurance shall be issued on, and conform to, ACORD 25 (2014/01), or any update of said form. (f) All insurance maintained by Franchisee shall be issued by companies admitted or otherwise allowed to conduct the pertinent line of insurance business in the State of California and having a rating of Grade A- (excellent) or better and Class VII or better by the latest edition of Best's Key Rating Guide. (g) Franchisee shall immediately notify the City if any required insurance lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed by the City. In such a case, the City may procure insurance or self insure the risk and charge Franchisee for such costs and any and all damages resulting therefrom. (h) All insurance required by this Franchise shall contain a waiver of subrogation running in favor of City, its officers, employees and agents. (i) The City Manager may, in his reasonable discretion, increase the Ordinance No. 1459 Page 3 of 8 minimum amounts of insurance required under this Franchise due to inflation or other factors; provided such insurance is reasonably commercially available. , E. Limitation of Franchise No privilege or exemption is granted or conferred upon Franchisee by the Franchise except those specifically prescribed herein. Any privilege claimed under the Franchise by Franchisee in any place described in Exhibit "A" shall be subordinate to any occupancy of same by City and to prior lawful occupancy of same by any other public or private entity or person. F. Installation and Maintenance Any Facilities laid, located or maintained pursuant to this Franchise shall be so placed and maintained as not to interfere with the use of any such public ways by the traveling public to any greater extent than is reasonably necessary, and in laying any pipeline or pipelines the Franchisee shall fill the trench and leave the surface of said public ways in as good condition as it was prior to the excavation for said pipelines and in accordance with City specifications and standards. Franchisee shall comply with federal, state and City laws and regulations applicable thereto. G. City Improvement or Repairs in Public Ways City reserves the right to improve, widen, vacate, or re -locate or to cause same, , any such public ways or portion thereof, over and within which this Franchise is granted, including the widening, change of grade, construction or reconstruction of such public ways or portion thereof. Upon reasonable written notice given by City to Franchisee that work is to be done pursuant to the right reserved herein, Franchisee shall, at its sole expense, do all things reasonably necessary to protect, remove or relocate the Facilities as required in order to accommodate such work. All such things to be done and work to be performed by Franchisee shall be without any expense to the City or its authorized agents. Any damage done directly or indirectly to any public ways or public improvement by the Franchisee, in exercising directly or indirectly any right, power or privilege under this Franchise, or in performing any duty under or pursuant to the provisions of this Franchise, shall be promptly repaired by Franchisee at its sole cost and expense, to the reasonable satisfaction of City. Franchisee shall pay to City on demand the cost of all repairs to public property made necessary by any operations of Franchisee under the Franchise. In the event that Franchisee is required to relocate or rearrange any portion of the Facilities pursuant to this subparagraph 3(G), City shall provide Franchisee with a reasonable alternative route or area within which the relocation or rearrangement can be accomplished; provided that City has an existing property right in such route or area that is compatible with purposes of this Franchise and the use thereof by Franchisee will not unreasonably interfere with any City use. H. Other Utilities ' Ordinance No. 1459 Page 4 of 8 ' Franchisee shall, in the installation, maintenance, repair, replacement or reconstruction of its Facilities authorized by this Franchise, cooperate and coordinate with all other utilities in determining the location of and protecting and supporting their facilities existing at the time of installation, replacement or reconstruction of the Facilities in the public rights of way and shall bear the entire cost of any necessary relocation, repair or reconstruction made necessary by reason of damage to such utilities caused by Franchisee. Franchisee is and expects to continue to be on the basis currently in existence a member of Underground Service Alert of Southern California, and otherwise agrees to take advantage of equivalent available emergency communication arrangements. I. Plans and Specifications Franchisee shall submit detailed plans of the intended installations for advance approval by the City Director of Public Works. Upon completion of construction, Franchisee shall furnish to the Director of Public Works a complete set of "as built' plans and specifications, including depictions of shutdown locations and facilities. Any modifications to the Facilities during the term of the Franchise shall be subject to all of the requirements of this subparagraph. ' J. Commencement and Completion of Construction Franchisee shall commence construction within 180 days from the effective date of this Ordinance, provided, however, the City Manager may, upon request of Franchisee, extend the commencement date for a reasonable period of time. Once commenced, construction shall be completed within six (6) months, exclusive of any delay caused by act of God, calamity, labor unrest or any other cause outside the control of Franchisee. Section 4: Consideration Franchisee shall, during the life of this Franchise, pay to City an annual franchise fee computed in accordance with the table attached as Exhibit "B" and increased each year by the methodology provided in California Public Utilities Code Section 6231.5(b) or its successor. In making the payment, Franchisee shall file with the City Director of Finance, a detailed verified accounting of how the franchise fee was computed in accordance with this Section 4. Any neglect, omission or refusal of the Franchisee to file such verified accounting or to pay such annual franchise fee, at the time or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this Franchise and of all rights of Franchisee hereunder, if not corrected within thirty (30) days after written demand therefor by City. I Section 5: Default Ordinance No. 1459 Page 5 of 8 If Franchisee shall fail, neglect or refuse to comply with any of the provisions or ' conditions hereof or shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or, after beginning such work, not prosecute the same with due diligence to completion, then the City may declare this Franchise forfeited. In the event of such forfeiture, Franchisee shall forfeit and surrender to City all Facilities that may be located along, over, or under any streets, alleys, or other public places within the corporate limits of the City unless at the option of City (i) such Facilities are removed within sixty (60) days from the date of forfeiture or (ii) such Facilities are abandoned in place with proper cleaning and filling. In the event of such removal, Franchisee hereby agrees, as a covenant and condition of this Franchise, that the streets, alleys and public places from which such Facilities are removed shall be restored and placed in as good condition as they were prior to such removal and in accordance with City specifications and standards. Section 6: Abandonment In the event that the use and maintenance of the Facilities pursuant to this Franchise is permanently abandoned for any reason, Franchisee shall promptly give written notice thereof to City and shall thereafter, upon being given ten (10) days notice by City, either abandon such Facilities in place to City or commence and diligently prosecute the timely removal from the public ways of all such Facilities and promptly repair and restore the area from which the Facilities have been removed in as good I condition as it was prior to such removal and in accordance with City specifications and standards. Section 7: Assignment The provisions of this Franchise and all rights, obligations and duties thereof shall inure to and be binding upon Franchisee, its successors and assigns. Franchisee shall not sell, transfer or assign this Franchise or any of the rights or privileges hereby granted without the prior written consent of City, which consent will not be unreasonably withheld. If consent is given, Franchisee shall promptly file a copy of the duly executed sale or transfer instrument in writing with the City Clerk. Notwithstanding the foregoing, Franchisee may, without the consent of City, mortgage, pledge and/or otherwise hypothecate all or any portion of Franchisee's interest in the Facilities and/or Franchisee's rights hereunder. In no event shall Franchisee have the right to encumber, in any manner whatsoever, City's fee or other underlying ownership interest in the property subject to this Franchise. Section 8: Miscellaneous A. Applicable Law All pertinent provisions of Division 3, Chapter 2 of the Public Utilities Code, as I they now exist or are hereafter amended, shall be applicable to the Franchise granted Ordinance No. 1459 Page 6 of 8 hereunder. Franchisee shall comply with all other valid, applicable state, federal and ' City laws (including, but not limited to, the mitigation measures listed in the County of Orange's Mitigated Negative Declaration CPP #2013-00087), which are incorporated herein by this reference, concerning the construction, maintenance, repair and replacement of the equipment and facilities installed pursuant to this Franchise. B. Citv's Publication Expenses Franchisee shall pay to City a sum of money sufficient to reimburse City for all publication expenses incurred by it in connection with the granting of this Franchise. Such payment shall be made within thirty (30) days after City furnishes Franchisee with a written statement of such expenses. Section 9: Effective Date This Ordinance shall become effective the later of thirty (30) days from its adoption, or upon filing by Wickland of its acceptance of the Franchise with the City Clerk, pursuant of Public Utilities Code Section 6235. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on this 215` day of July, 2015. JEFF/R/EkC/PARKER, City ¢le l PPROV AS TO FOR DAVID E. K DIG, City Attorney Ordinance No. 1459 Page 7 of 8 CHARLES E. PUCKETT, Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF TUSTIN ) ORDINANCE NO. 1459 I, JEFFREY C. PARKER, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1459 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 21St day of July, 2015 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 0 day of August, 2015 by the following vote: COUNCILPERSONS AYES: Puckett, Gomez, Murray,Bernstein (4) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: Nielsen (1) COUNCILPERSONS ABSENT: None (0) Ordinance No. 1459 Page 8 of 8 r Exhibit A Those portions of the rights•of--way for Tustin Ranch Road, Edinger Avenue and Red Hill AVC11LIC as generally depicted on the pipeline atign-nient sheets attached to this Exhibit A and hereby incorporated herein by this reference. o D e F C D SCRR/METRDLINH (DPERAroR> PUBLIC STORAGE ." ANA 9WIA IE..." OCTA (OWNER) CITY OF TUSTIN CITY OF TUSTIN w aTL as, os ocF. c.D. - R/w T- o E, / I iUT CONTRACTOR NOTICE nu YNNERFPUFNK YlFTEAAN s.reucnResePDRI RT THE 0ANER ore o,rex5 RND UTOSF EL"'AN nPRA. unTFTcnT ory nrvo F.TFNT TNF mrvTHnc,oRsRFAuRFDonF AAAITTANnRV Tne RECUre E. NED PRF USc ED+TR THFRORAGE ElP,,,PsoPAAFCTHFTTT FsANr,aucTI sHAwry,a LTE ry HDD #1%ENTRY HOLE Ts WATER rt wER ESMT Rwo Z /'sE_! 30X 125'HDD PIPELINE METER SITE /CIANNEL l /I EXIT HOLE RE LANDSCAPE SKON AREA (NOTE e) eC ED OCFCD OC11 _ SANTA ANA SANTA s o.n PROPOSED �, / PIPELINE ROUTE 2D' % 200' ' Hoo CUT-BACK HDD WORK AfiEA ' TOE of noPE Eo'' CLP R. R. Rs' me Hoo / .. .. TUSTRANCH RD / �/-ool I l I�il r �� ///, / z l� a�. a o——— o DoJED/ a — — ———'—— A o — — �A LEGEND' OPEN CUT ---------- TO'IS DIR DRILL LED STRING LAYUOWN - 10 TO ENTRY HOLE METPNK of o Iz_ T r DD pI DH HOLE Hoo cuT-enol: RIDE 10 SANTA ANA STATIIOINL 50EL ID 117 l' Hoo CUT-BACK R.O.W. SENT 65 8 BOTTOM WIDTH , 21 1 ' ISSUED FOR PROFILE osA LELEAATIDN FROM NFS FROWN ,wTH aROUND SURVEY D S LIKEN RATED as APPRozIMA,F COVER ,AKFN FRaM --- "—'- HDD P PIPELINE REVIEW uo..n.abeII— cene�.va.as. —NA. - -'— _`� REFERENCE DRnwiNOR - ----- DO OC IN9TauaTloN D4/21/15 -15 IL F NOTES. - - � NORI (DWG SCALE AT 22 X3A T PaP PosEo WIcrLANo ,z PIPFLwF WICKLAND PIPELINES LLC T Il ALL &ICNNL NOT AULUES"D TA 9, N THE woRl: AREas SHALL RE EVACUAMANIENANIE CEo FROM THF na[A AT.FDA HPIR DIA DRILL WORK AREA AREA VOIT' ®NTA CA ARE JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT ASKED AREA To RE RE -LANDSCAPER Two PINE TREES AND THREE SMALL VALINTEER TREES TO BE REMOVED e, rvo�reEEs snnuHeTE Ravt:o urv�Ess rvorEDFOX - - - - Hoo PIPE STRING °°vlo�Ae`'� 9„ sAT�a '� o �� 9 DSS To PER A RESULT o L SONS ?nrvcE R�EaE rvns F 12' JET FUEL PIPELINE PIPELINE ALIGNMENT H 04/21/15 ISSUED FOR REVIEW RWs MFH oHHW�No NHMAFH <T�oN cooF 6050A—EX-922 R So' 0 EDINGER AVE (CIA OF TDnIN) 1 1 �I 20' x 200' HDD WORK AREA IC . � EXIT HOLE i I� I, • I- CONTRACTOR NOTICEE EPA �,�DN " or cu rDRNA Doz SECTON C r ON DO TOO AND R`B`FN ONs ossa azm<N N. TO AN ucnvA,OR_ can P, AxcE swA or nc ,wr,c ND �ncn DN ccN Ere IND mxwc Nc cN r `�"V s e Mcc Ncs w n nN °w ore Ns C __ __�__� j i —__�__�__ w� a _ , ._- 115 OPEN CUT i EN1RY HOLE LEFT I __ _ _ -__ _ _ _.._.. _. _.._.._ _ _ 5 - 1 • __ _ _ - _- _ _ _- - _ - _-_ _ _ _ EDINGER AVE DRILL SIRING LAYDONN 151D N z LL STRING LA DOWN _ _ _ ----------.- _______ _ -----------____________ HDD y2 PROPOSED 3020 HDo PIPELINE ROUTE I F L O W zo' x zoo HDD WORK AREA a`\ 1 \ 1 II •I 1I 1 � � CC ED v vso rAm za cD ,..so ,. sD r.�� zD :A.D ,..rD ..so .zD �<�zr rA.,c ,..rc ,a ,. sD .zD rA zc ,ASD uzD 21 :1 ��.A,O_.,..�_..��.um__.. A ill.A -ViD — '— — — ---- '— EDINGER AVE K r - T 0 rHA A�. �o zss_ LEGEND' • _,zsi _ __�zss __mss __�znc gyres _,zss— _—°e>_ �zss_ __ .. -.— .__ P_�c.+s _- • .__..__-�--.. OPEN CUT ------------- HORIZ DIR DRILL ----HDD STRING LAYDOWN 71 GRADE LED OF 12" PIPELINE 60 E HIS o 4MIN COVER 7 40 4 HDD INSTALLATION Fm ISSUED FOR 20 n below. T+oo REVIEW 04/21/15 s.00 NEI IHIIN ILL OZIMATE �D ER TA N ,o+oo ao 30 MIL APO NOTES- -1, SIGN AT" IIALL F 'T" TIE I=NNIAIF 1ENEIPLEA(PRI 4. DK -� PiP PosED wlcrLAND ,z PIPELINE HORI (DN0 scuE AT zz"xTa'7 ED OR REDISTRIBUTED HOUT PRIWICKLAND PIPELINES LLC T LINE A N THE woRA AREAS SHALL BE EVAcuAaEo FROM THE IlNl AN AREAI PREEN TALLAT ON STATE NIT NIEIFERE IITH A MAINTENANCE OF COUNT' FACE' A HORIF DIRO DRILL WORK AREA Are VEIT' ® JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT - - - - Roo PIPE STRING . NO TREES SHALL RE REMOVED UNLESS NOTED OTHERWISE. S ou^A SH��o^e•. �'p'gHz�pe 1 �,A,°1V141F�sHSHA-D-9,T Dss TD PERSONPSELAANNDCEPRTOPEPRETOINAS A RESULT o 12' JET FUEL PIPELINE PIPELINE ALIGNMENT c 0a/z,/1s ISSUED EOR REVIEW Rws MER oRAN.Nc NUMazR <=aN 000E .Ga/z,q,� 6O5OA— EX -923 c rvo: 0 EDINGER AVE (O,l DE TDs<IN) w I �I II j - CONTRACTOR NOTICE <PPao.Ma;E°of°;o'<�o°,E�Ru�;�EF�o�,A,,"EFE, Fou°oF;o:<RE�oCASND'TIFI�Cllo`°ar=;oPAo°E�,�;�E�,rFEN�FlE°-�AE= v _. T ore re�caN s�rzN �. =�owN DN .. , N NN --�_-��-o—o ----A, ,�+oo _,a+DD _- -- __________t_________ a_____________F----------------------i----------___F____________t_________ zwoo _z,+DD a_____________F.-----------t-------.----P---.-- zT+oo za+oo za+Do ---HUD__________t____________a_____________F____-----.--F--- ss+Do zT+Do zs+oo --.----i---.---------F.-----______t____________a_____________F_________.--�-------.----a-------------F.-------- sa+oo DO " 3020 HOD PROPOSED PIPELINE ROUTE FLOW a I ; I I oma- -e —T - ------------ . ......---"- ---mow-- ------- --_---S-w_-_ ------- ----4..... ...------------- ---------''-aw__ ------- __�___±;rr o__-_ _P___ - ---.- -------- ............ - —�-_--------------..�----------- .a -,. s�.e,F-->.•.�� I -------- 4-,A*---,.I--EDINGER AVE LEGEND: OPEN CUT --------------- HORIZ DIR DRILL -HDD STRING LAYUOWN ,: ..� T.v „ BoAA F, y k� ..a .. F�T°� �zss 10 ClIDE 60 40 a ISSUED FOR _-_ neII— ��0a��°Norex°°°'s• ze+oo REVIEW 04/21/15 DwN wM uscs, cRoss PERT N 1-0 zo+oo LED PIPE 12 15 OF C 0 315� W T API 5L X-52 14-16 MIT FEE CE 2G -3G SIT ARO NOTES_ - - EQMQ PiP PosEo wcrLANo ,z PIPELwE Hoes (DWG SCALE AT 2z"Ill 'j WICKLAND T PIPELINES LLC DEC �l N TTE woRH Il AREAS STAFF eE EVA"ASED EROM THE nREA . No TREES sHAFF BE REMavED uNFFss NOTED C- LINE N51RUCTION WEEK A IFIR DIN, FRILL .11 AREA Are - - - - Hoo PIPE STRING T' ®I.MILITENEVA S ou^° ST=u�o�^e. �'p'gT��pe 1 6,°i°AD�aDA IF T11 IND.I. oss To PER A RESULT o RELIANCE JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT 12• JET FUEL PIPELINE PIPELINE ALIGNMENT c 04/21/15 ISNUED FOR REVIEW RWS �CHJEN�GIAPP MEa —WNA HUM.PP AT�NN 000E `�T LOe SCALE. sHawN DATA-Da/z,/,A 6050A -EX -924 c NEA. DATE REAISIDN DA 0 EpINGER AVE (OTl OF TpSUN) w CONTRACTOR NOTICE P ED �� HH �D� AD�,H .pH �RN o po p as�=<Eop�ro�oo��R��ooE��==��RP��°�a�p�P°Eaa°prep°°"=p°pEapoRM�o��P,°<��ES°«<,_`<ooa��;°�o�°�aw�`�oN;�°o=,�°�a�oNo, —�—--�--� —�-- �� _ , �p,Ns9 ��°. �� o°<,�o� FICRTION IENTEI AND -D— _-_-_-_-_-_-_-_-_-_-_ — — — - - --- --- -- ---------------- ----- --- — --- -------------- ----- --- — — — — — — — — _ + 30+00 },+pp }q+pp } }]+pp 38+00 40+00 29+00 32+00 33+00 5+00 36+00 39+00 ____}____________}_____________}________.___}____________}_____________}____________}____________}__.__________}________.___}__________}_____________}____________}____________}__.__________}________.___}____________}_________ ___}______________ _}__.____ }_______ }------------}------------- }------------ }------------ NOD /2 PROPOSEDv - 302a LRD _ •�_ PIPELINE ROUTE z---'� �I I — — ---------- e ------ —,o —To ---- ------ -- --p ------ --- 6-- - _e+�s9ae—._. —_—.-.-6.-_-.----_--�--_-_a-�xP— -------- —L—--- ---- — —.- --------_ -� ___ _ __,_}—___—.'.'oma-_-_'_—_—�-.-_.-'---_---�-.-."-'4oa �------ a------------ ----'=.11;7 P .oa�LE AVE .' , ,. < z; .. ,. . �.�, T.w� ��.,�. z.N .� soo os. Ir I M LEGEND: 'o ° ,° .•� ..� .� �°�r,. OPEN CUT P --------------- HORIZ DIR DRILL -----HDD STRING LAYpOWN IS GRADE To aoISSUED D n below. �"iiFPQM HPD I-VEALATION FAA 1-0 FOR REVIEW 04/21/15 Dz�DHTE��RTAEN REFERENCE DRAOSIPAS 30.00 LED PIPE 12 15 OF C 0315� WT API 5L A-52 14-16 MIT FEE SE 2G -3G NIT ARO NOTES - - F�MQ N0p [owc scue AT 22 111 PiPPosEo w�crLnr�o ,z P�PELwE n LINE AREA,"LLL pE'VA"A�ED EROM THE e.uEn IFIR DIR, FRILL WaRK PREA Are lEl�' ®NFIR N TRE wore" Il AND- - - - Hoo PIPE STRING . PC TREES lHALL LE REMavED uNLEss NDTE oTnERwisE. S� our^ 5eMane... M'p'g°R�pe 1 �,,,°�sTsoo�sFSFH-�,-°,� USER ASSUR', ALL PRO GEJOHN pss To PER A RESULT o llC WICKLAND PIPELINES LLC , lAll- IS DIED . WAYNE AIRPORT JET FUEL PIPELINE PROJECT 12' JET FUEL PIPELINE PIPELINE ALIGNMENT c as/2,/15 IssuED Eoa REVIEW aws MEa pAA�xo HUMasA 000E .pa/z,q,1 605OA—EX-925 c RE' 0 EDINGER AVEmlTt OF T°nIN, w CONTRACTOR NOTICE — PT E T �ON �,��RN�A �AOE ��P�a"�E T — — I, 'I - /— /� / AF AA�RrvNFNT =E��AN= aP,�P PFR.aNIN�,A I I � aF �E APPLIGeIE REpDN� Na IFG oN �E� EA .No PoND�� , N a" �E,�a�<,oR s�a� �rv��o�, a o p��o N� AN o,aF,IM,F .� D �, PR oR �a�RF Ns A o� I --/ INSTALL CLEAR OF - a � HDD #2G EMIT HOLE ° " — a WNW- Allo--�"� PROPOSED at+aO �' PIPELINE ROUTE aD 00 ,loo az+oo +D° as+D- loo +D _---- EDINGER A / - -__ PROPOSED -. HDD j2 PIPELINE ROUTE '� 3o20Hoo --_ v_—_____—__—_ -- — T __—_____—__—__—__—__—__—__—__—__—__ F L 0 W 20• M zaa HDD WORK AREA (NOTE 6) it i o OF,, d /j RE, � �IIsIUIJI � � /ss .E - FE s'c •'c •s • •'c �'o •'oma ir. — _/ / °/— —7-s Q vv ---- +s+�4 +----- _------- _ 47+ _ s+l o , 6 L L L - EDINGER AVE — - •I�-I 00 00 � 0 0 0 1 �vv v _ OPEN CUT ---------7----- ----- HORIZ DIR DRILL -HDD STRING LAYDOWN GRADE To p iL 4' DID COVER RDE INSTALLATIDN CO P ISSUED FOR 0', IT INCAN SHHH LIz N EC REVIEW un below. FROM REFERENCE DRAWING caii ems.. as+oo 04/21/15 soFoO -m -ll PiP PosEo wlcrLANo ,� PIPELINE MRI, scuE AT zz'a3a'7 WICKLAND PIPELINES LLC P10 FAIL T 1111E, -11A ILL., VA PlE20 ALL P&ICNINL NOT ALCl"O TO A, N TRF w°RK IINI AN AREAS SHALL BE EVACUATED FROM THE n,FA A PPELN TALLAT ON SHALL NIT PIRIFERE IITH D MAINTENANCE OF COUNT' FACT' AHORIF LINE N51RUCTION WORK A DIR, DRILL WORK AREA AR T' ® JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT E WERE IS REINO FARE s No TREES N' eE REMovED uNIENs N°TED oTnERwINE. . NO TREEET MESAS LANDSCAPING WILL RE REPAIRED H RwD. - - - - RDD PIPE STRING , sa ioo Foa °o�� °�°v�o�Ae`: P„ a �,a,'�Tsa sASAA-F.-ss -ss T- PER A RESULT o RELIANCE THEREON. 12' JET FUEL PIPELINE PIPELINE ALIGNMENT c as/z,/15 ISSUED FOR REVIEW Rws MFR DAaw�ryo NAMaFA <=�oN CODE 4/z,q11 6050A 927 c rvo 0 EDINGER AVE mITl of TDnIN, CONTRACTOR NOTICE ,SDN Pre<o.orT TN T"I'lTTON ooN,re.T,ore w,r er reroorers , re p, r AT ,° ore TDR sre oDND,oNT ogre Ns =Ar oAAresr of <oNT.R�o. oN or ,°r PRo,Ec,. Na�DN� T<Fr.° or «< P rTTTNser,. F ArNrH. sN�r er NSE �D1HD ' , �.. PROPOSED PIPELINE ROUTE LL ED RM AL SE 11LIF RN,. AovEANNEN. oosr sE�DNs AAs s pER.<N .D "ALL NDLRoI aR, No, a v N TN .. , OF 11E PLracc Rr�DN+I ND Fes. oN +cH rR AND DAN rr wHrre or . A+° FRONT' w -—__ - a .._.C�l 0 -- ----- FLI ----INSTALL INSTALL CLEAR GF Do CLEAR OF �'-� �l GUTTER se+ d ;r / ' � MEDIAN GUTTER ss+Oo so+os - �h o, , . -�__,F _. �• r , ILA-, ter^ o� PN ,G t as —, s��a—,�� — EDINGER AVE �� At a _ — — — — . e. E TR — '-- e7— m� - 'A a z _ A." „ ss ss — -- — LEGEND: -, ew OPEN CUT -------------HORIZ OF DRILL �as� r s*oo -----HDD STRING I ` \\_- - RADE TRIP AT 'I- PIPELINE 10 70 DIN COVER Nh 7-7LA r N da 40 ISSUED FOR R WNICA' oz T � neII DRAWN I CA' C��°Norex°^°'s• so+oo REVIEW � 04/21/15 so. oo LINE PIPE 12 15 OF N 0 ]15- WT API 5L A-52 14-16 NIT FEE NOTES -I SPIN -II -eoRl PiP PosEs wlcrLANs ,z PIPEIwE (DNN SCALE'Al zz'CAR '7 BE REPRODITCRE OR REDISTRUBHER -'0 RE Al N.1 TIE ERSUNEI WICKLAND PIPELINES LLC PAT , 1111E, IA AlE2R N51RUCTION GORE A LINE INNI AN N TAE woRK AREAS sAALL RE EVAcuA�Es FROM TAE n,EA FORIZ DIR, DRILL WORK AREA Are �' ® USERASSUMES ALL NINE OF Dss TD PER A RESOLT o JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT 12• JET FUEL PIPELINE IF N FEE'WH L- - - - Roo PIPE STRING . No TREES A,AT RE REMavED uNlEss NDTE oTnERwISE. S X �,,,°1sFsooA111-1-9„ 111 PIPELINE ALIGNMENT c a4/21/11 AllED FOR REVIEW Rws MEa oAA,Mxo HUMaEA 000E D'/',-' -4 6050A—EX-927 c rvo 0 RFD HILL AVE (CI,l of TUSTIN) ��.��` IrrPPaoMa;E°o�°,FIL<Eo°�,E�RAA;�EEIo�°�;��a=AEo�°o«o:<�Eno�EsA°�ac°a��<R°M°�aE=n�;�E�.r;E=�oA CONTRACTOR NOTICE =;a°��AE=n=�ow IN T HDD LE ENTRY HOLE PROPOSED PIPELINE ROUTE - 'r _ i-.._�:. I F INSTALL CLEAR OF GUTTER OR CLEAR OF GAS LINE sLE HDD /3 A1.1ED a so+oo 61+o 2+0o 63T DO s4+ao r// I FROM ormas +ED- ]LL--A-VE 33" SEWER zl es IDD - [ % HDD WORK AREA AFL J 0 W -Ivcl I Z I � IIV�I�JwI-/A`� I I 'I r 4 Z TV , 1n 61+00 J , 02+00 83+0084+00 s5+00 _ __—JOa.p�__—__—__—Ja : y sw� A VSE — RED HILL AVE , s— Ell �nEA .N LEGEND To OPEN CUT-' —F-- —_ TD'A' ,s—_____—__—__—_ 3U� TF To A. — o �Sz IDDS D�.A'�AD�.z'�4U�.�'4oT��"�^�4z"DDS J �4z'so ----------- HORIZ DRILL Ir — — — — — — — — — — — — —_ -"_"_"-"-HDD STRING LAYDOWN RI POLL F 12 PIPFu _Z To 4' MIN COVER TIE IN—LLATION ISSUED FOR 1—DEDE ESI, AEN REVIEW un below. FROM REFERENCE so+oo 04/21/15 To.co , All IF 1-12 14-16 MIL FEE & 20-30 MIL PRO NOTES--PER - I SPINMIAITER 'S PosE PIPK Roel (MUW scuE AT zz'a34'7 WICKLAND PIPELINES LLC IRL 1— 1111E, -11PIRINL., IS RlE2D HE LF D PER Fl ALL NO LAIAL DR ITALLF FPIP ALL P&�NNNL NOT ALDI"D TAF A, N TIIF wool: Il AREA' SHALL eF EVAcuAFFo FROM TIF PRFs C N51RUCT N A AREA IONIAN DIR, DRILL WORDPREA Are T' ® JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT AN'- . NO TREES SHALL DE REMOVED UNLESS NOTEA OTHERWISE. - - - IDA PIPE s INA Sf PC ous^ °I°Moine.., "A' 1'1sEEpe 6,4i°sI�aDX �F1sIF�U OSS To PER A RESULT o 12' JET FUEL PIPELINE PIPELINE ALIGNMENT N 04/21/15 ISSUED FOR REVIEW RWS FAN MEa 111WINI NUMeEa ATION AIDE E ALE X FT AAT-U6/2,/14 605OA—EX-928 D� RATE REAITIaN 6n OFF.ENURAPP. 0 RED HILL AVE (CI,l OF LUSTIN) T iRorl CONTRACTOR NOTICE ory 'S A. „� ��' � - •..,_ „� - PROPOSED — •` � w Q -------__—__--4��__—__—__—��----__—__—__—'A��__—__—__ -- u - NWRE 1US71N _ 2,asHER (a2) SEVfR � �.. - IIA��I11�I1 k E� +1 FIVE ---y — —_ FLOW Z Q i� �I w, z J } -'-----+--'---------}-------------PA-----------+„ a + La+oo Le+oa ao+oo ss ��as1 �s� RED HILL AVE , �� D � � AD DA 11 11 �D��s ass LEGEND 11 AD 11 AD AD FIAD 11AD 11 -El 11 IF 11 NE 1 11 PIAD 11ED 11 Al 11 ED El AD El AD D� OPEN CUT ° " a --- Z DIR DRILL —HDD STRING LAYDOWN '.� ZGRADE a mmm Q To 10 noo wSTULATINN p n TIE or 12 PIPELINE 40 -- ISSUED FOR C101P LINES REVIEW Al -N .11 Az,MATE ��a, AEN .n below. FROM 04/21/15 aaoo TS+oo NOTES-- - 'N2 Hoes [owc scuE AT zz"aTa'7 PaP PosEo wlcrLANo ,z PIPELwE WICKLAND PIPELINES LLC , 'ARITER To FE L N FAERIIATISN LINE CON51RUCTION WERE PE2 rROM THE AE[A IFIR AN, FRILL WORT: AREA nR AEEAs SHALL eE EVAc,A1A)MILITENVER N THE woRH Il ALL &�NNNL NGT ALTLUGIPPA TRE A, — — — — HDA PIPE SEwc . No LIEEI SHALL DE reEMavED UNLESS NOTE oTnEnwISE. A L' ® S ou^0 5�=,U,,z. �'p'gOE�pe IF T11 IND.I. OSS To PER A RESULT o RELIANCE TIEPEON JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT 12' JET FUEL PIPELINE PIPELINE ALIGNMENT L 04/21/15 ISSUED FOR REVIEW aws MEa o WNA HUG.PA ATINN ooDE .Da/2,i,� 6050A—EX-9297 rvo: 0 RED FILL AVE (DTA OF Tu2TIN) I' n CONTRACTOR NOTICE FEEL A, xeTn uL R[ou R[nnwTs Tm rv� ,ore c*are asuR s snuff ON ALL roc caD s a[ rzc rvcr au* rvor e[ Lnn r[D Ta. ,nn[1v rvorrenro 01 1HE w L IENTEI ,w ry s nry n 11111ITI suasunrxE 1111ALLIHIN. I I , 1120 DRILL STRING LAYDOWN FOR) 2115 FDD (q4) ». a ! W" FUTDRE TDSTIN HDD #3 " PIPELINE �ROUTE 33" SEWER I HDD #4 EN TRY HOLE 37 % 200 HDD /4 HOD WORK AREA —8)+6� �9r� +0 ',• 1 --920— 0082+p0 83+00 84+00 05+00 B6+Op / _ _ _ _ 5 HER (y3) HDD $3 1T+ DRILL SIRING LAYDOIW! WN (}i) _J_ _ _ __ - __ _—___ __ ____ __ _ DRILL� SIRING LAY00WN - • d: .- ,_.- ,.... _._...,...,._ ETHOLE it j Q Q v w O 81+OD �H2O� +p ------------ ----------- �-L'Y1�LTmi— _ „_ iznm Tz. 'R4' ',e"P•�TnS ]'t•!�1'f'/!� Yvt— S•+f- 11u .� 'e e� v' —_ y e'w '• leu leu er m -- _-_- — - RED HILL AVE - - -- LEGEND ,a �AMID FROMMosT— AN,°�,buIIIIIIIIIIIIIIIIIIIIIIIIIIIII_z'u�°MEMIMEN..' E,., �.... =I.'2� ..L• �; � �. � �� AA wee 'L •, OPEN CUT --------------- HORIZ DIP DRILL -"-" " "- HER STRING LAYUOWN rz D a FUTURE IUSTIN P or 12 PIPELINE COVER 33" SEVER IN n o z ___ ��---- o a m HDD INSTALLATION HDD INILALLAn J ` P P ISSUED FOR s LELEvnT owN WITH API=Roz' CKIINES R.— IDVERED TAAEN REVIEW n below.FROM REFERENCE DRAWINGS e2+oo 04/21/15 es+oo ao HDD PIPE 12 75 OD P 0 375� W T API PH A-52 14-16 MIL FEE I 2G -3O MIT ADD LINE PIPE 12,15' OR R 0 375' W I AD LED PIPE 1275 ED R G375 WIL AN ML A-52 1416 MIL FEE A, 20-5A MIL ARO NOTES_ - -� '02 PaP l=osED wICI:LArvD ,z PIPELINE FORT (FWG SCALE AT 22`x34'7 WICKLAND PIPELINES LLC T -11PIGINL., 1A I- ON �l LINE N51RUCTON WERE A TE, rROM THE AE[A IFIR DIRO FRILL WORK AREA nR AEEAS "ALL RE EVA ,AAN N TRE woRl: 11 P VEIT' ®CONTAIND T. AND; JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT AND- - - - FDD PIPE STRING . No TREES SHALL DE REMavED uNLEss NOTED oTnEIxwISE. OX lour^ S��lo�Ae` �'p',1,EE e 1 6;ai°AG 1)eo50)�s A -11F OSS To PEI+ A RESULT o 12• JET FUEL PIPELINE ALIGNMENT L 04/21/15 ISNUED FOR REVIEW RWs Mrl: pAON.rvo rvuMl,rA <T�ory DoorPIPELINE APR . `�F `�` _LEN. sHpWN DATG 6050A—EX-930 e� RFA. DATE NA REAISIpN 6A CHK, ENpR 0 RED HILL AVE (CI,l 0E TGSTIN) CONTRACTOR NOTICE 80N APT,TNOE.HEEaE,. NATL �oNo=�E,VO IAN .... ,. NOD #5 �5 PROPOSED- DRILL STRING LAYDONN HDD FUNRE NSP - DRILL STRING LAYDOWN HDD y4 PIPELINE ROUTE 33- SEVER 3+n� 94+n� 95+x➢_ 96110__ ___3Z+Ji�________.'� 96T0 _— __ _ _ _��r __ _ro,�� _ a_ _.. _.._.._ _ _„_„_.._.. _.. _.. _.._„_„_„_ _ _.. _.. _. _ _ _ _- _.._.._ _ _ _.._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ HDD g7 1120 wN (aa) DRILL STRING LAYDOWN T- - - - - - - - (/3) - - - - - --RED-HEE-AE-- - - - _ - _ - _ - _ - _ - - - - - - - - _ - _ - - - - - n f Z . -- 110_ 9511 _ 9611➢__ __ __ ST+nn ---6D --QO ti➢zN, ____ _____ _ro j ro T -. .ice F_.. i_ 1 h _5 y _ y w r F w. i .� F— — F — i F— �� n'ssss .,s n -e �� ,o . ®,�,�„�„_.._ --TV ' - M '.— „.ae � — -- ED.,�RED IW iONV i IW i 4! 1 1 1 19 14. i41Po i4k i4iM HILL' AVE — ISE . s L �, .�''vi 95s w >.� znss ns, DRILL UESE _ --_ --_ -HDD STRING LAYDOWN w J s:^ �rzso �rzso� �-a..so�rz�o—rz.�—rz�—rzsn—rzso—rzso -as T n"sd—rzno—rzso—:ss--.iso m 10 ]0 60 HE 10 40 --- -- --- -- --- Hoo IN51aLLATIUN — — -- --- — —" PIPELINE �TOPDE,z�LINE — —------- o --- ISSUED FOR _"LELEEEVA,INEI OwN , APPROr--- 0DE' NED DA,A IMRTE �uER,„�EN _ _ REVIEW un below. EOM REEEENCE DIAWI 94,00 100,00 04/21/15 FDA PIPE 12 75 0 D C 0 375� W T APT PH X-52 14-16 MIT FEE CE 2G -3O NIT ARE NOTES-- - 1, SPIN AT” SHALL "LL” THE `=N15ANF `ENEACLNA`PRI ' Pal POSEo wlcrLnNo ,� PI11 Hoer (ouW scuE AT zz'aT4'7 IF BE REPRODITC TIE WNEI WICKLAND PIPELINES LLC CENTERJU E10 IAL TD�KN LOA NlNlllTlJN AREA aREAs DNALL eE ANIE lLEo RNTM TR[ nR[A NORrzN DIRo FELL WORK PREA Are N THE wORR Il T' ®CON PLETENVER AT THE INFCFNAUIP JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT FREEAN'- . N0 TREES SHALL BE REMOVED UNLESS NOTE OTnERwISE. - - -Hoo PIPE STRING S ou^� S'�Uo�ne... �'p 103�,E,°oa 1 �,4,°P1Fra �sPEPP-EI-Ell osS To PER A RESULT o IT 12• JET FUEL PIPELINE PIPELINE ALIGNMENT 04/21/15 ISSUED FOR REVIEW Rws LNIMEa DAA�No NUMaEA <=oN 000E .oR/4, q,, 605OA—EX-931 �� rvo: 0 REP HILL AVE (All of Tu2TIN) ION CONTRACTOR NOTICE lHl,SN ee wa NTreocLares vererorexl Ne suesurernce erC.vn. r wR FUTURE IRVA FAgUTIES HOD 3 `. HDD /8 DRILL STRING UtDOXN of c nnEN az oN ucnE MEET AI SITZ AN s NE NAF A en„o O' , �'o EN NI off Tre nnEE.N�s w,n .N. owHEre DT ,. w HDD /15 DRILL STRING UYDOWN DRILLMSTRING UTTIOWN tl. .....::... Fu RE NYA METER VAULT FUTURE FUTURE R 1 PROPOSED 1110 FRILL STAND LAIDDSN (de) HDD /4 NYA 18” DW IRRD 10" FUTURE NSTIN PIPELINE ROUTE 24' STORM DRAIN —_ _ ------- ,s - LIS ,.�.. - 4_ a-,.- „ „ _ __, _, _ _.._..-.. w HDD /5HDD4 _HDD III �4 DRILL STRING U1bONNowe 30' % 200' Sao a se5 STRING LAP no ore STRING (n) a Pa wN (N5 +( EXIT HOLE HDD PARK ARU 2115HDD (44 _. 2115 DRILL STRING IAro)WN (94) - H2f4�- H+{ E- AVE ------ 1720 HOD (15) FUTURE TUSTIN 33' SEVER CITY OF TUSTIN ...—....—....—....—....—.... —....—....—.... —....—....—.... —....—....—.... —....— - FLOW CITY OF SANTA ANA I w ` J a ,DD+oo „D+D , .� N—r' —'° .— ''— z -- �� 4PVGL �.. �Y41'iL..��RLV'GL��:F""r, �.d�PL11GL.d��{i9tiL�.. —ra,..,— a..—n —'a'—n.v..—r°.""— fY4YFl�.. �' GL.��YBiIGL�Jii'YLLT�1Stli44+� - °..x— •x—T-,.n— av—nav— — rm—ray. - - - —R ED HILL AVE - - - �� e m ,, aiv of TusnN — — LEGEND. �aiY OF SANTA ANA" �'•'s_ � •�� —�'� � �<aee �.w ss OPEN CUT ---------------HORIZ DIR DRILL , —_ --_____ -HDD STRING LAYDOWN e7e FUTURE TUSTIN PA 24' STORM DRAIN SPADE .P 1 12' PIRELINE - 9 I P-'--------------'-------' -------------------- ` ------- ---_ ---------'-------'-------a ED 3€ IF PRODLE eLevnRloN FEES REFNEreErvc FROM uscs 1-Dec NED onRn ° oreAiNcsRRR TIMATE mvEe TAAEN 5 o _ o _ DD Itis CATION '� �noD wsALLAnoN \� ISSUED FOR D --- -- --- -- — — ' —� `__ _ ____ REVIEW n below.04/21/15 105+00 naoo FDA PIPE 12 75 OF P 0 37C W T API PH X-52 14-16 MIT FEE SE 2G-3O MIT ARO LINE PIPE 12,15 Q F X 0 315' Wl API AT X-52 14-16 MIT FEE LED PIPE 12 7C F D X G 375 W I API 5L X- 52 14-16 MIT FEE & 20-30 MIT ARE NOTES. - - I.Erm NORI PiP PosEo wIc1:LANo ,z PIPELwE (DWG SCALE AT 22'XAA WICKLAND PIPELINES LLC T CEN �l LOYAL DR TO NITATTEN Sl FAERIIATISN LINE A N51RUCTON WORK A,_ "ALL eF EVA"AAN N TAF woR1: Il AREA AR VEIT' EED FRonn THF nRFA IFIR DIR•DRILL WORD P ®l.MlL ANP; ARE IF T11 INF.I. ATCONTAIN" JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT AN'- . No TREES SHALL HE REnnovED uNLLss NOTED oTnERwISE. - - - HER PIPE STRING S� our^ 5E�1o�ne... �'p',1,E7 a OSS To PER A RESULT o 12' JET FUEL PIPELINE PIPELINE ALIGNMENT a 04/21/15 ISNUED FOR REVIEW RWs nnEa oAnunHo HUMaEA <T�oN 000E .DR/2,i,� 6050A—EX-932 AK 1 �,4,°1�soo�sHSHA-I,-9T, rvo 0 RED HILL AVE (All OF TUSTIN) ML I IUP I 4,1, ALL CONTRACTOR NOTICE - «.._ T LMIILTTD TD ND.MAT �RA�ALAN IN IN IN ,� AaR= TDS'CHANS ..«, A AND =GD AN 01 HIE A11LIARELE IE-NAF NIATIUIDATI.N IENTEI AND T�S.NG L --- --- - ISI — - , ,!.!!A-, PIPELINE ROUTE HDD �'6 FUTURE TUSTIN \ IEEE STORM DRAIN ` DRILL-__—__L_ i------------------------ .�zsrao- r':-Izr6rs" __Iz,cIzzxgr,s----;_ ,z�ob RE _ __t-;_ _ _ LED G#A _ F- - - - - - - - - - - --- - - - 1660 DR ST STRING DOWN (p6) 2115 SPILL STRING owN (y4) - - - -RED iTRLL----SAA&-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ..—...._...._...._...._...._...._...._...._...._....—...._....—....—....—....—....—....—....—. w w FLOW " CITY OF TUSTIN CITY DF SANTA ANA -----------------alitli- —. LIQ Q ____ __}_ _____ �P476D— „-f z ___.. __- } .___ .sD ��.so Lso zso iso ,a,o vso iso iso ��o t ssT <a.� iso so �r�.d , �PZt04L }- a T' -- i� FJ'L41� T14VYL'L��1YY4J� Go��.'S'-JWa� d-1S`IWtiLT�1i'4F��LitlW:�L�.�^""' Dual--iu.,uui ru b Taw—Tew—Taw—,a..—Ta•—Tai.—Te�..—Tc�.,—Tcw—Tcw—T9,v—Tei— —Ta•-,—Ta T,—Tam,�Tam—Ta.A—Ta,.x—m.nen,^x-1e^.—�a.:—�am—�am—� —RED HILL AVE----- - I CTY �..� —�.z;� — SIN ,. —As �. —� — — — LEGEND g OPEN CUT .. ...._..._ HORIZ AIR 111111111111111 -----HDU STRING LAYUOWN mor <� �- 10 70 50 V _ a GRADE 0 a 0 40 FM DD INST LATIDN ISSUED FOR ROF �s6EFE6EN6 below. FROM , DED NEI DATA DZIMATE ��R, A PR _-___�___W______�____ T DP DF,1 PIPELINE REVIEW IDN FIR wN T DS65 IO NH wcs. REFERENCE DRAWINGS S uo..nae Call e.m.w•eq• —,14+00------------- -- --- „6+OD LEE PIPE 1275� OF R G315 AST API 5L X-52 14-16 NIT FEE & 20-AF MIT ARE NOTES. - - � PiP PosEo wlcrLANo ,z PIPELINE NORI (DWG SCALE AT 22 AIR '7 WICKLAND PIPELINES LLC T LINE ATHE N51RUCTION WERE AREAS SHALL eE EVA"ATO SED FROM THE nREA HSM DIR, DRILL WORT1 AREA A6 N INE woRH Il T' ®I.MILITENVER DP, IF T11 INF.I. JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT - - - - HDD PIPE STRING . No TREES SHALL BE REMavED uNLEss NOTED oTnE6wlsE. S�3C ou^A 5�=,U-z. , gH so o�A111A-A-11T DSS To PER A RESULT D RELIANCE TIAPEON 12' JET FUEL PIPELINE PIPELINE ALIGNMENT H 04/21/15 RATED FOR REVIEW aws MEa oPFWNA HUM.PF ATINN ooDE D6 /L' ;'a 6050A—EX-933 T „o o RED HILL AVE (CITv OF TUSTIN) RED HILL AVE (CITY DF IRVINE) CONTRACTOR NOTICE THE i.ALL LNUE—HUND FHE Y EPAPNEDwN RE criory AR T,I ALL CANAI AFY` ON ST THE SAFETY YL ALL PERAONE ANDTHAI"LLpo n 8E LM 'ED ro nw AN FAc nuv coxlPLv vnrn ALL re IF' a of s m e<n s, Nar eE LMn TID ro. ruEL cnra , a c.F c.D. - R/W - I A -- L rvo F rvo s c a xw suesuxFaGz rvs r� „ r r Y i t HDD ST A 11HDD MII,..'... , • - DRILL STRING UYDONN - — �6 RDD #S DRILL STRING UYOONN EXIT HOLE 20' % 200'2115 DRILL 5TRNG —DOM Ma 7 HDD NORK AREA m ___.- +...... 133 ra D — _ _ _ ,- 3 — — — �2 _ — ¢ a _ __________________f_____.f____..___.._}..____..__yJ'2 - HDD PROPOSED 00 _ I36 _ 13T+OO 138+00. /5 FUTURE TUSTIN HDD ENTRY HOLE KS' STORK DRNN PIPELINE ROUTE 6ARRANc CHANNEL e 1120 Hoo (xs) T 50 R O W. WID H. �I 1660' DRILL SIRING IAYDOWN (A) 1660' HDD - - - - - - - - - - - - - - - - - - - - - - - - REB-FHEE AVS (46) m CITY OF TUSTIN .—....—....—..—....—....— .—....—...— ...—...—....— ....—....—....—....—....—....—....—....—....—....—....—....—....—....—.... CITY OF SANTA ANA1, - - '• ...—....—....—... .... +'EITV OF IRVINE OF SANTA ANA FLOW TEED 114 ,. _.'1TY �� — "< - CIE U w J;o-�rrirr�y,��-.a.f f---- --f-- - - -- ----- - - - _.. .�w.� .. - +6_ -_,�.y�� ♦oQ .r.,n,f woucT wrucr �� .oir ro :r t��TeeeEd zc _�paocP ro-oucr moucr soozrr soo,,.r Fcoucr - c, so-uucr .tcu-r roo - 3s+DO - - --f ---•-f---`-'- --- f------------ + \\\ `5 s}DUCT PC All �ro-ouar roIFIT ,z1x z xx ou¢w 137+00 118 as ---------- + __ _ a ____..f_____________f - --.e-- oav� z° lz lxre 1��..� � 1 � , a,.N�,x,.N�,A",�rA.:,�rA..,fru,.,bra,.��>a,.1�raw�ra.,✓�ra.,✓�r�v<�,e1„�,a..,�,a,.,�,g,.,�,o,., 9.v � „_o— o .=y o-- .--_.—_�--_a-- —RED HILL AVE- \ exx A A YxY rxx rxK rx K z.� CITY OF TUSTIN IAN:_,..y�REANtz�ss�v's��'v'--�'rzsr " CITY OF SANTA ANA �F. e..� o m \ s- ... � — �a _CITY OF IRVINE_ �o� — �,..—.... OF SANTA ANA LECENIIF D OPEN CUT ........ HORIZ AIR DRILL __ _ ��T1erv,i .z a 12. 1e .CITY .a 7 -----HDD STRING LAYDOWN D 10 _ GRADE _ LIFE of 1 FINF GRADE ocF.Gl - R/, of _ _ _ 3` f N MIN 0 Ll o �VALUMNE NO 0,CFID. 1 •HT1 f EPw APPRG 1 T 30 - IALELEVAT DD INSTPLLATION�``_�` DD INSIPLLArIDN LATION - 1___ HER ROSWA WIDTH: 5D• n ELE T+11 6 A WATER IN n GAS NG ISSUED FOR DFEE D F LE ________ ___ _--_ __ _---- OWN ROM APPROXIMATE NED DATA ------ -__-- CRO NES SH DOVER TAKEN --- REVIEW -� FlIS R uo..nae below. U FSRLNCE FIAANcs. cell ate.. al,. 1za+oo 1is+oa 04/21/15 14-16 MIT FEE & 20-DE MIT ADS API 5L X-52 14-15 MIT FEE - -M HORI (Dwc scuE AT zz"a1a'7 PIP POsso WICKLANo ,z PIPSLws RE I III TT WICKLAND PIPELINES LLC N51RUCTON WERE A N THE woRK AREAS DMANIENANIP IN DE EVACUATED FROM THE AREA LEND N DIR, GRILL WORK AREA n6 VEIT' ®NTA 4 ALL &IANNL NOT ALHYIZA TRE A, Il JOHN WAYNE AIRPORT JET FUEL PIPELINE PROJECT �Cll,ENGRADR FAA'AND- - - - HER PIPE STRING . NO TREES snAu HE REMavED UNLESS NDTED ornERwlsE. FOX ou^N 5'�'a�Ae'. �'p' gHN7. 1 6;a)11,A RA svxHSHvs� DSS TO PER A RESULT o 12' JET FUEL PIPELINE PIPELINE ALIGNMENT L 0a/z1/15 ISSUED FOR REVIEW RWs FKx `IO MEa oAAN�No NunnaFA Ar�aN 000E 'ALE. SHOWN DATA-A 6O5OA-EX-934 x� NrY. DATE REVISION DY Fxhihit B Colllpwisation to (,itY As consideration for the Franchise, Franchisee shall annually pay to City, pursuant to Public Utilities Code § 6231.5(a)(3), a fee which shall be equivalent to the length of Franchisee's pipe within the Franchise, expressed in feet, multiplied by the applicable base rate, as adjusted pursuant to subdivision (b) of Public Utilities Code § 6231.5. The gable of the internal pipe diameter base rates set forth in §6231.5(x)(3) of the Public Utilities Code follows: Internal Diameter Base hate Per Lineal Foot 0-4 Inches $0.088 6 Inches 0.132 8 Inches 0.176 10 Inches 0.220 12 Inches 0.264 14 Inches 0.308 16 Inches 0.352 18 Inches 0.396 20 Inches 0.440 22 Inches 0.484 24 Inches 0.528 26 Inches 0.572 28 Inches 0.616 30 Inches 0.660 for pipes with an internal diameter not listed above, the base rate shall be in the same proportion to the base rate of a 1.2 -inch -diameter pipe as the diameter of the unlisted pipe is to 12 inches. Within sixty (60) days after the end of each year of the tern of the Franchise, Franchisee shall file a a,erified statement with the City's Finance Department. The verified statement shall show in detail for the previous year or portion thereof the number of lineal feet of Franchisee's pipe located in the Franchise and the diameter of said pipe expressed in inches. The amount of each annual payment shall be revised at the time of payment in accordance with the following formula: The applicable base rate shall be multiplied by the Consumer Price Index All Urban Consumers for the Los Angeles -Riverside -Orange County area (hereafter the "CPT"), as published by the United States Department of Labor, Office of Information for the month of September immediately preceding the month in which payment is due and payable, and divided by the CPI for June 30, 1989, which is declared to be 100.0. Under no circumstances shall the multiplying factor be less than one. The resulting per lineal foot rate (the "Adjusted Rate") will then be multiplied by the lineal feet of the Pipeline located in the Franchise. If the United States Department of Labor, Office of Information discontinues the preparation or publication of the C.11% and if no translation table prepared by the Department of Labor is available so as to make those statistics which are then available applicable to the index of June 30, 1989, City shall prescribe a rate of payment which shall, in its reasonable judgment, vary from the rates specified in this section in approximate proportion as commodity consumer prices then current vary from commodity consumer prices current in December 1988. The foregoing notwithstanding, in exchange for City granting the Franchise., Franchisee shall pay to City the additional onetime suln of $100,OOO. This onetime amount shall be added to, and constitute a portion of, the annual compensation due for the first year of the terin of the Franchise. Franchisee acknowledges and agrees that payment of the onetime fee of $100,000 is voluntary, and shall not be considered to be subject to the limitations of California Public Utilities Code § 6231.5. With submission of the verified statement, Franchisee shall pay to the Treasurer of City the compensation outlined in this Exhibit B. City shall have the power and authority to reasonably dispute any verified statement and to require additional proof with respect to any matters set forth in the verified statement. r� HUSUCOV D JAN 0 3 Z017 TUSTiN I FRK'S OF WICKL.AND PIPELINES LLC December 22, 2015 Ms. Erica Rabe City Clerk Office of the City Clerk City of Tustin 300 Centennial Way Tustin, California 92780 Subject: Pipeline Franchise — Wickland Pipelines, LLC City of Tustin Ordinance Number 1459 Dear Ms. Rabe Attached to this letter for filing is formal acceptance by Wickland Pipelines, LLC ("Wickland") of the pipeline franchise ("Franchise") granted by the City of Tustin pursuant to City of "_Bustin Ordinance Number 1459. For case of administration, Wickland is making this acceptance effective as of January 1, 2017, The acceptance is being filed with the Office of the City Clerk in accordance with California Public Utilities Code § 5235. Yours truly, Wickland Pipelines, LLC By: AC. c - Daniel E. Hall Assistant Manager PO Box 18648 Sacramento California 95853 'rel 916-978-2400 — Fax 916-1978-2410 — 895.0 Cal Center give :Suke 125 Sacramento CA 95826 WICKLAND PIPELINES LLC December 22, 2016 Mr. Ken Nishikawa Deputy Director of Public Works/Engineering City of Tustin 300 Centennial Way Tustin, California 92780 Subject: Pipeline Franchise — Wickland Pipelines, LLC City of Tustin Ordinance Number 1459 Dear Mr. Nishikawa: This letter constitutes formal acceptance by Wickland Pipelines, LLC ("Wickland") of the pipeline franchise ("Franchise") granted by the City of Tustin pursuant to City of Tustin Ordinance Number 1459. For ease of administration, Wickland is making this acceptance effective as of January 1, 2017. In accordance with California Public Utilities Code § 6235, a copy of this acceptance is concurrently being filed with the Tustin City Clerk. Enclosed with this letter your will find the following: A check in the amount of $6,297.09 representing payment of the annual fee for the fust year of the Franchise. This fee was computed in accordance with Exhibit B to the Franchise. The calculation resulting in this amount is expressed as follows: 13,500 lineal feet x $0.264 per lineal foot [base rate] x 250.145/128.7 [CPI adjustment — 13,500 lineal feet x $.513 — $6,927.09 2. A check in the amount of $175,000.00 covering the one time sum required by Exhibit B to the Franchise. Please contact me if you have any questions or concerns, and have a very happy Holiday Season. Yours truly, Wickland Pipelines, LLC �/ �p By: t C• WX&_ Daniel E. Hall Assistant Manager Enclosures Cc: Tustin City Clerk (w/o enclosures) PO Box 13648 Sacramento California 95853 —Tel 916-978-2400—Fax 916-978-2410— 8950 Cal Center Drive Suite 125 Sacramento CA 95826 e WICKLAND c -'Z' E 0 V PIPELINES LLC April 14, 2017 Ms. Erica Rabe City Clerk City of 'Tustin 300 Centennial Way Tustin., California 92780 Subject: Pipeline Franchise - Wickland Pipelines City of Tustin Ordinance No. 1459 Dear Ms. Rabe: APR 17 2017 TUSTIN Pursuant to Subsections 3(B) and 3(D) of the pipeline franchise granted to Wickland Pipelines LLC by City of Tustin Ordinance No. 1459, enclosed you will find the following: e A franchise performance bond in the amount of $250,000.00, as required by Subsection 3(B) of the franchise. e A certificate of insurance evidencing the general liability coverage and automobile coverage required by Subsection 3(D) of the franchise. I have been instructed to forward these documents to you by Mr. Sean Tran. If you have any questions, please contact Mr. Tran, or call or email me. My contact information is set forth below. Yours uly, Daniel E. Hall (916) 978-2460 c1ha11Cc ,,wickland.com Enclosures cc: (via email only) Mr. Sean Tran Deputy Director - Finance PO Box L3648 Sacramento California 95853 — Tel 916-978-2400 — Fax 916-978-2410 — 8950 Cal Center Drive Suite 125 Sacramento CA 95826 City of Tustin 300 Centennial Way Tustin, CA 92780 BOND -- FRANCHISE FAITHFUL PERFORMANCE BOND Bond Number: E066976 KNOW ALL MEN BY THESE PRESENTS: We, Wickland Pipelines LLC, a California limited liability company ("Principal"), and Great American Insurance Company, incorporated under the laws of the State of Ohio and authorized to execute bonds and undertakings as sole surety in the State of California ("Surety"), are held and firmly bound unto the City of Tustin, a municipal corporation of the State of California ("Obligee"), in the penal sum of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00) for the payment thereof, well and truly to be made, said Principal and Surety bind themselves, their administrators,. successors and assigns, jointly and severally, firmly by these presents, The condition of this bond is -such that: WHEREAS, the Obligee granted a franchise (Tustin City Ordinance No. 1459) to the above bounden Principal to use the public streets, roads, highways, alleys and other public ways within the Obligee's city limits to construct and operate a jet fuel pipeline and related appurtenances. WHEREAS, pursuant to the franchise Principal is required to provide Obligee a faithful performance bond in the amount of TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00), renewable annually, and conditioned on the faithful performance by Principal of all the terms, conditions and covenants contained in the franchise. NOW, THEREFORE, if Principal shall well truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said franchise during the original term thereof, and any extensions thereof which may be granted by the Obligee, and if Principal shall satisfy all claims and demands incurred under such franchise, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Obligee all outlay and expense which the Obligee may incur in making good any default, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the franchise or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect Surety's obligation on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the franchise or to the work or to the specifications. This Bond may be terminated or cancelled by Surety by giving thirty (30) days advance notice in writing to Principal and Obligee, such notice to be given by certified mail. Such termination or cancellation shall not affect any liability incurred or accrued under this Bond prior to the effective date of such termination or cancellation. If any recovery be had against this bond, Principal shall within ten (10) days notice by Obligee restore the bond to the full amount required by the terms of the franchise. IN WITNESS WHEREOF, we have hereunto set our hands and seals as of this 14th day of April, 2017. PRINCIPAL Wickland Pipelines LLC, a California Limited Liability Company By: 4ke4 Name: Dan Hall Title: Chief Financial Officer SURETY Great en an Insur c omp t By d Name: Craig Santa Maria Title" Attorney -in- Pact CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of 60,14a C'0'54-c�' ) On 1-7 before me. 6L` M4 (here insert name arid.'. title of the officer) personally appeared YO �a� p0arI' G�_ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature , j5 NARY 9, BAlMIFQRD *' COMM. #2149948 z Notary Pubkt - California z z �Costa Coin 202Q -MM Apr, (Seal) Optional Information Although the information in Chis section is not required by law, it could prevent fraudulent rernoval and reattachment of'h.is acknow edgment to ar,. unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment is attached to rra__document tltled/for the purpose of i 1. Z)� -T 4(s {-tri Y�cq r—fG. A C/ �.�P49-'V' i r 5e, FA r�) rM a.n 6Z- &4 containing pages, and dated_ 1 f c) The signer(s) capacity or authority is/are as: IndMdual(s) Attorney -in -Fact Corporate Officer(s) 'Flue(s) ❑ Guardian/Conservator ❑ Partner - LimitedfGeneral ❑ Trustee(s) ❑ Other: representing: �1re _ e ii� (,.1r)—AS LX- A- Cf &",A, Narn L(s) of Persons) or Entity(ies) Signer Is Representing Ir Method of Signer Identification Proved to me on the basis orsatisfactory evidence: (�j form(s, c; 'dent[hca:nr. 0 tredible witress(es; Notarial event is detai ed in notaryiournal on: Pane 4 ' Er`try (t Notary contact:c7is Other [_] Additional Signer"7) ❑ Sigrer(s)Th--1mhpr;nts) El 9 Copyright 2007-2015 Notary Rotary, Inc. PO Box 41400, Des Maines, EA SQ311-©507. All Rights Reserved. item Number 101772. Please contact your Authorized Reseller to purchase coples of this form. GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET 0 CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than one Bond No, E066976 POWER OFATTORNEY KNOW ALG MEN BY THESE PRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in- fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, the specific bond, undertaking or contract of suretyship referenced herein; provided that -the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. The bond number on this Power of Attorney must match the bond number on the bond to which it is attached or it is invalid. Name Address Limit of Power Craig Santa Maria 1550 Parkside Dr, Suite 200 $250000— Walnut Creek, CA 94596-3515 IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 13th day of April 1 2017 Attest GREAT AMERICAN INSURANCE COMPANY 44-- w �"� (; r + X-&/4 Assistant Secretary Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss; DAVID 0. KITCHIN (877-377-2405) On this 13th day of April 12017 , before me personally appeared DAVID C, KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority, A. W" 0(ft This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Tice Presidents, Divisional ice Presidents and Divisonal Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time, RESOLVED F URTHRR; That the Company seal and the signature of any of the aforesaid officers and any Secretary or assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature o(such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERT)WICATION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 811940 (6115) 13th day of April 2017 t Assistant tiepretary CALIFORNIA CERTIFICATE OF ACKNOWLEDGMENT Anotary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California County of S Al A k F1'ro ) On Apil 1 L4 20 17 before me, WO IL A" D W . (`-f d (Z 61 0 r7oq ill (here Insert name anti tlt:e ofthf officer) personally appeared M PAL—L who proved to me on the basis of satisfactory evidence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the persoll or the entity upon behalf of which the persons) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature zze,64� ROLAND RAYMON0 HOLT c COMM. 02364045 z w CWM AN, GN (Seal) Qptiona l lnfoirmation Although the information in this section is not required by law, it could prevent fraudulent removal and reatachmert of this acknow'.edgrrlent to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document The preceding Certificate of Acknowledgment Is attached to a document titled/for the purpose of _6. 1 r4 T-�� V ��jar� D Y T._C containing pages, and dated Ydd/� /4 �2,CJL7— The sfgner(s) capacity or authority is/are as: ❑ Individual(s) ❑ Attorney -In -Fact (` CorporateOfficer(s) ❑ Guardian/Conservator ❑ Partner- Limited/General ❑ Trustee(s) ❑ Other: representing: _ ` �, .`i Ilia -e- �jr r? e ALL G Name(s) of Person(s) or Entlty(ies) inner fs Represenlin Method of Signer Identification Proved to me on the basis of satisfactorye,,-ldence: O ic; (s) of Identifcation Q credible wit ess,es; Notarial event is detailed'`=n notaryjcurnal on: Page 4 /6 Ent.y 9 41 Votary Other ❑ Additionalligner(,) Ysianer(s)Thumbprint(s) 171 0 Copyright 2007-7.015 Notary Rotary, Inc. PC Box 41400, Des Moines, iA 50311-0507, All Rights Reserved. Item Nurnber 101772. Please contact your Authorized Reseller to purchase copies of this form, WICKLAND PIPELINES LLC November 3, 2017 Ms. Erica Rabe City Clerk Office of the City Clerk City of Tustin 300 Centennial Way Tustin, California 92780 Subject: City of Tustin Ordinance Number 1459 Wickland Pipelines LLC Jet Fuel Pipeline Franchise Annual Fee Payment Dear Ms. Rabe: TTI Ee[ !J JW ED NOV 0 6 2017 TUS1IIS I..ERK'S t This letter pertains to the jet fuel pipeline fi-anchise granted by the Tustin City Council (City of Tustin Ordinance Number 1459) to Wickland Pipelines LLC. In compliance with Section 4 of the Franchise, enclosed you will find payment in the amount of $7,141.57, representing the annual fee due for the second year of the Franchise term, which commences on January 1, 2018. The annual fee was computed in accordance with Exhibit B to the Franchise and Public Utilities Code § 6231.5, a highlighted copy of which is attached along with the Consumer Price Index information necessary to make the calculation. The formula for computing the payment is as follows: 13,500 lineal feet of'12" diameter pipe x $.264 per lineal footx 257.8901128.7 (applicable CPI adjustment) _ 57,141.57 I certify that the above calculated payment is based on the alignment sheets attached to the Franchise as Exhibit A. Please forward the fee payment to the Tustin City Treasurer. If you have any questions or concerns regarding the matters addressed in this letter, please contact me as soon as possible. My telephone number and email address are set forth below. Yours truly, Wickland Pi elmes, LLC By: Daniel E. Hail Vice President and Assistant Manager Telephone: (916) 978-2460 Email: dhall Qa wickland.com Enclosure PO [lox 13649 Sacramento California 95853 —'re[ 916-978-2400 —Fax 9 [ 6-978-2410 — 8950 Cal Center Drive Suite 125 Sacramento CA 95826 • WICKLAND PIPELINES LLC February 19, 2019 Ms. Erica Yasuda City Clerk Office of the City Clerk City of Tustin 300 Centennial Way Tustin, California 92780 Subject: City of Tustin Ordinance Number 1459 Wickland Pipelines LLC Jet Fuel Pipeline Franchise Annual Fee Payment Dear Ms. Yasuda: FEB 2 2019 TUSTIN .11-Y CLERK'S OFFICE This letter pertains to the jet fuel pipeline franchise granted by the Tustin. City Council (City of Tustin Ordinance Number 1459) to Wickland Pipelines LLC. In compliance with Section 4 of the Franchise, enclosed you will find payment in the amount of $, representing the annual fee due for the third year of the Franchise term, which commences on January 1, 2019. The annual fee was computed in accordance with Exhibit B to the Franchise and Public Utilities Code § 6231.5, a highlighted copy of which is attached along with the Consumer Price Index information necessary to make the calculation. The formula for computing the payment is as follows: 13,500 lineal feet of 12 " diameter pipe x $.264 per lineal foot x 268.032/128.7 (applicable CPI adjustment) = $7.422.42 I certify that the above calculated payment is based on the alignment sheets attached to the Franchise as Exhibit A. Please forward the fee payment to the Tustin City Treasurer. If you have any questions or concerns regarding the matters addressed in this letter, please contact me as soon as possible. My telephone number and email address are set forth below. Yours truly, Wickland Pipelines, LLC By: . g� Daniel E. Hall Vice President and Assistant Manager Telephone: (916) 978-2460 Email: dhallLiDwicklan.d.com Attachments PO Box 13648 Sacramento California 95853 — Tel 916-978-2400 — Fax 916-978-2410 — 8950 Cal Center Drive Suite 125 Sacramento CA 95826 California Public Utilities Cocke Section 6231.5 - California Attorney Resources - Califon,, Page 1 of 5 HONIA OUSINEMON VAM 1AMS iNCOOPDXIMON �:�c��•iyi L�nu�.cle�kr Custoin Search Search California Public Utilities Code Section 6231.5 s > California Laws 6231.5, (a) An applicant for a franchise to build and operate a pipeline system transmitting oil or products thereof shall file with the legislative body of the municipality in which the franchise is desired an application stating all of the following: (i) The naive of the applicant. (2) The purpose and term, whether definite or indeterminate, for which the franchise is desired, (3) That the applicant, if granted the franchise, permit, license, or other privilege, will pay to the municipality an annual fee computed as follows: The length of pipe expressed in feet located within the franchised area shall be multiplied by the applicable base rate, as adjusted pursuant to subdivision (d), in accordance with the following schedule: Pipe size (internal Base rate diameter in inches) per lineal foot 04 $0.088 6 0.132 8 o,176 10 M220 http-./Ilaw,oneele.eons/California/titilities/6231,51W 4/26/2017 California Public Utilities Code Section 6231.5 - California Attorney Resources , Califon.. Page 2 of 5 14 0.808 16 18 20 22 24 26 28 30 0.352 0.396 0,440 0.484 o.528 0.572 o.616 o.66o For pipelines with an internal diameter not listed above, the fees shall be in the same proportion to the fees of a 12 -inch -diameter pipe as the diameter of the unlisted pipe is to 12 inches. (2) If the United States Department of Labor, Office of Information discontinues the preparation or publication of a Consumer Price index for the area, and if no translation table prepared by -the 17epartment of Labor is available so as to make those statistics which are then available applicable to the index of June 3o, 4989, the municipality shall prescribe a rate of payment which shall, in its judgment, varyfrom the rates specified in this section in approximate proportion as commodity consumer prices then current vary from commodity consumer prices current in December 1988. On this point, the determination by the municipality shall be final and conclusive. (c) No fee paid to any municipality pursuant to a franchise, permit, license, or other privilege issued under an ordinance which is in effect on September 1, 1989, which exceeds the fee computed under this section shall be reduced, On or after January 1,199o, a municipality may collect an additional amount which represents the percentage increase in the Consumer Puce index for the area daring the preceding calendar year applied to that fee. The formula used in arriving at that fee shall be applicable to any replacement, modification, or extension of http;//iaw.oncele.coni/aallfornia/utilities/6231.5.html 4/26/2617 California Public Utilities Code Section 6231,5 - California Attorney Resources - Califon.. Page 3 of 5 the pipeline, Upon expiration of a franchise, permit, license, or other privilege, the municipality may renew or extend the franchise, permit, license, or other privilege, using the local formula contained in an ordinance which is in effect on September 1, 1989, However, the fee shall not exceed the greater of the fee actually paid on September 1, 1989, or the fee computed pursuant to this section. (d) Notwithstanding any other provision of law, until January 1,19go, a municipality which is involved in eminent domain proceedings in which a court order for possession has been issued relating to an easement for a pipeline system transmitting oil or products thereof may adopt an ordinance setting its fee without following the provisions of this section. Upon expiration of the ordinance, the municipality may renew or extend the franchise, license, permit, or other privilege, utilizing the local formula in effect on January 1,19go, or the fee computed pursuant to this section, whichever is greater. (e) Notwithstanding any other provision of this section, if the application is for a franchise for a nonpublic utility pipeline for industrial gas or oil or products thereof, the application shall state that the applicant, if granted the franchise, will pay to the municipality during the life of the franchise either of the following: (i) A specified percentage agreed to by the applicant and the municipality of the gross annual receipts of the applicant arising from the use, operation, or possession of the franchise. (2) An annual franchise fee in an amount agreed to by the applicant and the municipality, or an annual franchise fee computed by multiplying the sum of one-half of the nominal internal diameter of the pipe, expressed in inches, by the number of lineal feet of the pipe within the public streets, ways, alleys, or other public places within the municipality. (f) Any nonpublic utility pipeline system transmitting oil or products thereof covered by subdivision (e) on December 31, 1989, that converts to public utility status shall continue to pay the fee established pursuant to subdivision (e) for the remaining term of its franchise, license, permit, or other privilege. Upon expiration of its franchise, license, permit, or other privilege, a nonpublic utility pipeline system transmitting oil or products thereof that has converted or seeks to convert to public utility status shall establish to the satisfaction of the franchising authority all of the following: (i) Its property is dedicated to the service of the public. (2) Its rates for transportation are established pursuant to tariffs filed with the Public Utilities Commission. (3) Its accounts and records are established pursuant to rules and regulations adopted by the commission. (4) It has filed an appropriate annual report with the commission. (5) Its rates for transportation are just, reasonable, and nondiscriminatory, as evidenced either by an order of the commission approving those rates, or an application for approval of its rates that is pending with the commission, (Added by Stats. 1989, Ch. 1444, Sec. 4.) Section: (Previous 62�i 6231,5 622 G2� 624 G Netc Last modified., September 9, 2o16 http://Iaw,oneele,com/california/utilities/6231.5.html 4/26/2017 Bureau of Labor Statistics Data A to Z Index I Fps I About BLS I Contact Us Subscribe to E -mall Updates M Follow Us ` ; I What's New I Release Calendar I Blog Search BLS.gov Home Subjects Data Tools Publications Economic Releases Students Beta Databascs, Tables & Calculators by Subject SHARE k: Change Output Options; From: 1989 v To: ❑ include graphs ❑ include annual averages More Formatting Optionsa} Data extracted on: February 19, 2019 (2:55:51 PM) CPI -All Urban Consumers (Current Series) Series Id: CUURS49ASAO Not Seasonally Adjusted Series Title: All items in Los Angeles -Long Beach -Anaheim, CA, all urban consumers, not seasonally adjusted Area: Los Angeles -Long Beach -Anaheim, CA Item: All items Base Period: 1982-84=100 Download: 'M1diE Year 1989 ]an Feb Mar 124.6 125.5 126.21 Apr May J^Jul 127.2 128.3 j 128.7 129.0 Aug n 128.9 NSep Oct Nov Dec Annual HALFS HALF2 I 130.1 130.0 130.0 130.6 128.3 126.8 129.8 1990 132.1 133.6 134.5 134.21 134.61 135.01 135.6 136.3 137.7 138.7 138.9 139.2 135.9 { 134.0 137.71 1991 140.0 139.9 139.7 140.71 140.81 140.8 141.5 141.7 142.61 142.9 1 143.5 143.1 141.4 140.3 142.61 1992 144.3 144.9 145.5 145.81 146.0 j 146.2 146.7 146.9 147.4 148.41 148.2 148.2 146.51 145.5 147..6, 1993 19941 149.2 150.0 149.8 152.21 152.2 152.5 149.91 150.1 149.7 149.8 152.0 151.4 151.31 151.7 149.9 152.0 150.2 150.9 151.6151.9 150.31 149.8 150.7! 152.7115� 4 -152.9 153.41 152.31 151.9 152.7 19951 154.31 154.5 154.6 154.7 155.1 I 154.8 154.5 154.41 154.61 155.2 154.4 154.6 154.61 154.7 154.6' 1996 1997 155.7 r 156.2 157.3 ~ 159.1 159.2 159.8 157.7 157.5 156.7 157.6 159.9 159.5 159.4 159.5 157.3 159.7 158.21 158.8 158.4 158.3 157.51 156.9 158 .11 160.51 161.1 160.7 161.2 160.0 159.5 160.51 1998 161.0 161.1 161.4 161.8 162.3 162.2 162.1 162.6 162.61 163.2 163.4 163.5 162.31 161.6 162.9 1999 164.2 164.6 165.0 166.6 166.2 165.4 165.8 166.3 167.2 167.2 167.1 167.3 166.1 166.8 2000 167.9 169.3 170.7 170.6 171.1 171.0 171.7 172.2 _165.3 173.31 173.81 173.5 171.6` 170.1 173.0 2001 174.2 175.4 176.2 176.6 177.5 178.9 178.3 178.4 _173.51 178.8 j 178.3 178.1 177.11-177.3 176.5 178.2:1 2002 178.91 180.1 181.1 182.2 182.6 181.9 182.2 183.0 183.4] 183.7 184.0 183.7 182.2 181.1; 183.3. L2003 185.2 f 186.5 188.2 187.6 186.4 186.3 186.3 186.9 188.21 187.8 187.11 187.0 ( 187.01 186.71 187.21 2004 188.51 190.11 191.5 191.9 193.3 1 193.71 193.4 193.1 194.5 F 196.31 196.9 195.21 193.21 191.51 194.9 2005 195.41 197.41 199.2 201.1 201.5 200.7; 201.4 203.1 205.8 206.91 205.6 203.9 1 201.81 199.21 204.51 2006 2007 2oa8 i 2009 206.0 207.5 208.5 212.5841214.760 _216.500 220.9181221.431 1223.606 220.719 221.439 221.376 210.5 212.4 211.1 211.4 217.845 218.596 217.273 217.454 224.625 226.651 229.033 229.886 221.693 222.522 223.906 224.010 211.9 217.330 228.484 224.507 212.9' 211.4 211.1 210.6 210.41 209.31 211.61 217.697 218.696 219.943 219.373 217.338 1216.2601218.416: 227.449 1226.159 222.229 219.620 1225.008 j 224.3771225 638-1 225.226 1225.264 224.317 223.643 223.219 221.943 224.495 2010 224.610 224.620 225.483 225.916 226.438 1225.877 225.991 226.373 226.048 1226.794 225.941 226.639 225.894 225.491 226.298' 2011 228.652 229.729 232.241 233.319 233.367 232.328 231.303 231.833 233.022 233.049 232.731 231.567 231.928 231.606 232.251 2012 233.441 234.537 236.941 236.866 237.032 236.025 235.776 237.222 238.104 240.111 237.675 236.042 236.648 235.807 237.488 2013 2014 2015 238.015 239.753 239.995 239.857 241.059 242.491 239.724 241.297 243.738 239.043 239.346 239.223 238.920 242.437 243.362 243.528 243.727 243.569 246.093 245.459 247.066 239.219 243.556 246.328 239.611 239.940 238.677 238.742 1239.2071239.229 239.185 243.623 243.341 241.753 240.475 242.434 1 242.122 242.746 245.431 245.812 245.711 245.357 244.632 1243.313" 245.951 , 2016 247.155 247.113 247.873 248.368 249.554 249.789 249.784 249.700 250.145 251.098 1750.185 250.189 249.2461248-309 250.184 2017 252.373 253.815 254.525 254.971 255.674 255.275 256.023 256.739 257.890 258.883 259.135 259.220 256.210 254.4391257.982' 2018 261.235 263.012 264.158 265.095 266.148 265.522 266.007 266.665.268.3 269.482 268.560 267.631 265.962 264.195 267.7301 2019 269.468 1 i 1 1 1 1 TOOLS 1 CALCULATORS HELP Areas at a Glance Inflation Help & Tutorials Industries at a Glance j Injury And Illness FAQs INFO RESOURCES What's New Inspector General (OIG) Careers @ BLS Budget and Performance https://data.bls.gov/pdq/SurveyOutputServlet 2/19/2019 WiCKLAND PIPELINES L.LC. Citypf Tustin - Date Type Reference Original Amt. 2/19/2019 Bill Annual Fee 7,422.42 2/19/2019 Balance Due Discount Payment 7,422:42 7,422.42 Check Amount 7,422.42 Comerica Bank Check . 7,422.42 • I. ACC)R" CERTIFICATE OF LIABILITY INSURANCE �-� DATE)MMIDD)YYYY) 4/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed, 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). PRODUCER Santa Maria & Company 1550 Parkside Drive Suite x#200 Walnut Creek, CA 94596 CONTACT NAME: Certificate Department aI1oNE 925-956-7600 IWC. Nor: 925-956-7601 E-MAIL ADDRESS: certificatesAsn-crisk.com INSURER(S) AFFORDING COVERAGE NAIC # EACH OCCURRENCE $ 6,000,000 INSURER : James River Insurance Com any 12203 INSURER B; Nationwide Mutual Insurance Company 23787 www.smcHsk.com INSURED Wickland Pipelines, LLC 8950 Cal Center Drive, Ste, 125 - - INSURER C: Indian Harbor Ins-urance Company Sacramento CA 94826 INSURER D: INSURER E DAMAGE TO RENTED ' PREMISES Ea occurrence $ 100,000 )NSURER F: COVERAGES CERTIFICATE NUMBER' 3F191AA1 RFVISION NIIMRFR- 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. ILTR TYPE OF INSURANCE IVSD WVDSUBIR POLICY NUMBER POLICY Drr1tYY MWDDfYYYY LIMITS A ✓ COMMERCIALGENERALLIABILITY / ✓ 00076597.0 4/1/2017 4/1/2018 EACH OCCURRENCE $ 6,000,000 CLAIMS -MAPF OCCUR ✓ DAMAGE TO RENTED ' PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) - $ NIA PERSONAL&ADV INJURY $ 6,000,000 I GEN'LAGGREGATE LIMIT APPLIESPPR: GENERAL AGGREGATE ' $ 6,000,000 POLICY 0 PE0. L:� LOC PRODUCTS -COMPIOPAGG $ 6,000,000 $ OTHER: B AUTOMOBILE LIABILITY ACPBA7855009204 5/26/2016 5/26/2017 21sI11deDtSINGLELIMIT $ 1,000,000 c ANY AUTO '. BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident $ G UMBRELLALIAB OCCUR SNX0049615 4/1/2017 4/1/2018 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EXCESS LU1B CLAIMS -MADE DED RETENTION$N/A $ WORKERS COMPENSA nON AND EMPLOYERS' LIABILITY YIN PER OTH- STATUTE ER E.L EACH ACCIDENT $ ANYPROPRIETOPJPARTNER/EXECUTIVEEl OFFICERIMEMBEREXCLUDED? N ! A E.L, M5 EASE -EA EMPLOYEE $ )Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addittonal Remarks Schedule, maybe attached if more space Is required) Constructlon of 5.1 mile Jet Fuel Pipeline from KIAR distribution point in Tustin, CA to the John Wayne Airport known as "John Wayne Airport Jet Fuet Pipeline Project". Addtional Insureds: The City of Tustin, CA, its officers, agents, and employees with respect to any rights granted by this franchise. Coverage is primary and non-contributory. CERTIFICATE HOLDER CANCELLATION Clty of Tustin Attention: Clty Clerk 300 Centennial Way Tustin CA 92780 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Carl A. Santa Maria © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 357.2195]. I Jahn Wayne Airpor .'et P-1 Pipeline ora I Sheryl Edwards 4/13/2017 2;2 3:17 PM (PDT) I Page 1 of 22 00076597-0 Wickland Pipelines, LLC 4/13/2017 COMMON CONDITIONS AND DEFINITIONS These Common Conditions and Definitions apply to each Coverage Part in addition to the specific terms, conditions and definitions sent forth in the Coverage Part. If any provision in these Common Conditions and Definitions is inconsistent or in conflict with the terms, conditions and definitions of any Coverage Part, the conditions and definitions of such Coverage Part shall, for the purposes of coverage, supersede any condition and definition provided herein. Throughout this Policy the words "you" and "your' refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as Named Insured under this Policy. The words "we", "us" or "our" refer to the company providing this insurance. Other words and phrases that appear in quotations (" ") have special meaning. Refer to the DEFINITIONS. SECTION I - COMMON CONDITIONS 1. Aggregation of limits The EACH OCCURRENCE OR LOSS LIMIT OF LIABILITY shown in the LIMITS OF INSURANCE on the Declaration applies separately to each Coverage Part made a part of this Policy. However, the total of all combined damages and "losses" covered by this Policy cannot exceed the POLICY AGGREGATE LIMIT OF LIABILITY stated in the LIMITS OF INSURANCE on the Declarations. 2. Assignment Assignment of any interest by any "Insured" under this Policy shall not bind us without our written consent. 3. Arbitration Should we and the "insured" disagree as to the rights and obligations owed by us under this Policy, including the effect of any applicable statutes or common law upon the contractual obligations otherwise owed, either party may make a written demand that the dispute be subject to binding arbitration. When such a request is made, The American Arbitration Association shall be used, with each party selecting an arbitrator from the list of qualified arbitrators for insurance coverage disputes provided by that Association. The two chosen arbitrators shall select a third arbitrator from the same list; if they cannot agree to a selection. The American Arbitration Association shall make the selection for them. Each party shall bear the cost of its arbitrator and share equally the costs of the third arbitrator and of the arbitration process. A decision agreed to by two of the arbitrators will be binding. In the event you prevail in the arbitration and we offer you arbitration costs and reasonable attorney fees incurred in connection therewith, in addition to the disputed contract benefit, you shall have no right to sue us for breach of implied covenants, unreasonable withholding of contract benefits, or any form of consequential damages or extra -contractual relief. To the extent that we prevail in the arbitration, the arbitrators may award us any expenses and/or damages incurred or paid under reservation of rights in excess of our contract obligations as determined by the arbitrators. FP4001 09-15 Page 1 of 9 35121851 I John Wayne Airport Tat Fuel Pipeline Pro [ Sheryl Edwards ; S/13 /ti07.7 2:23;17 PM !PGT} I Page 2 of 22 4. Bankruptcy Bankruptcy or insolvency of the "insured" or of the "insured's" estate will not relieve us our obligations under the coverage parts included in this policy. Bankruptcy or insolvency will not, however, relieve the "insured" of any duties set forth in paragraph 5 below, and both your failure to comply with these duties will be deemed a material breach of the Policy. S. Duties In The went of Occurrence, Pollution Condition, Offense, Claim, Suitor Wrongful Act a. You must see to it that we are notified as soon as practicable of an "occurrence", "pollution condition", "wrongful act" or an offense which may result in a "claim". To the extent possible, notice should include: L How, when and where the "occurrence", "pollution condition", "wrongful act' or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence", "pollution condition", "wrongful act" or offense. b. You and any other involved "insured" must: Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "claim" or "suit"; and ii. Authorize us to obtain records and other information; and ill. Cooperate with us in the investigation or settlement of the "claim" or defense against the "suit"; and iv. Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the "insured" because of injury or damage to which this insurance may also apply. c. No "insured" will, except at that "insured's" own cost, voluntarily make a payment, assume any obligation, enter into any settlement, or incur any expense, other than for first aid, without our consent. Notwithstanding the foregoing, an "insured" may take such "emergency action" as reasonably necessary to prevent or mitigate further "loss" or damages, provided the "insured" provides notice to us with ninety six (96) hours after first actions to prevent or mitigate the "loss" or damages commence. In the event of any oral notice, the "insured" agrees to furnish a written report to us as soon as practicable. All "insureds" shall cooperate with the Company and upon the Company's request shall submit to examination by representative of the Company, under oath if required, shall preserve and produce records, attend hearings, depositions and trials and shall assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of "suits", as well as in the investigation and/or defense, all without charge to the Company. The "Insured" shall further cooperate with the Company and do whatever is necessary to secure and enforce any rights of indemnity, contribution or apportionment which the "insured" may have or any subrogation rights that the Company may have. e. If you misrepresent any information concerning a "claim" that prejudices our rights under this Policy or compromises defenses otherwise afforded to you, we have the right to deny coverage under this Policy. 6. First Named Insured as Sole Agent The "first named insured" shall act on behalf of all "insureds" with respect to completing the Application for the insurance, including representing the truth and completeness of all information as FP4001 0915 Page 2 of 9 35121651 I John Wayne Airport Jet Fuel Pipeline Pro I ,Sheryl Edwards 1 4/13/2017 2;27;17 PM (POT) I Page 3 of 22 required including providing notice of "occurrence", "claim", "pollution condition", "products pollution condition", offense, "suit", or "wrongful act", giving or receiving notice of cancellation or non- renewal, paying premium or receiving unearned premium, agreeing to any changes in this Policy, and electing whether or not to purchase, under any Coverage Part for which an option of an extended reporting period is available. 7. Inspections The Company shall be permitted but not obligated to inspect, sample and monitor on a continuing basis the "insured's" property or operations at any time. Neither the Company's right to make inspections, sample and monitor, nor the actual undertaking thereof nor any report thereon shall constitute an undertaking, on behalf of the "insured" or others, to determine or warrant that property or operations are safe, healthful or conform to acceptable engineering practice or are in compliance with any law, rule or regulation. 8. In The Event of Cancellation or Non -Renewal a. The "first named insured" shown on the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this Policy by mailing or delivering to the "first named insured" written notice of cancellation at least: 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or ii. 30 days before the effective date of cancellation if we cancel for any other reason. c. Any cancellation due to non-payment of premium will be considered as a request to cancel by the "first named insured". d. We will mail or deliver our notice to the "first named insured's" last mailing address known to us. e. Notice of cancellation will state the effective date of cancellation. The "policy period" will end on that date. f. If this policy is cancelled, we will send the "first named insured" any premium refund due. i. If we cancel, the refund will be pro rata. ii. If the "first named insured" cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. g. If we decide not to renew any Coverage Part, we will mail or deliver to the "first named insured" shown in the Declarations written notice of the non -renewal in compliance with the applicable state laws. h. If notice is mailed, proof of mailing will be sufficient proof of notice. 9. Legal Action Against Us No person or organization has a right under this Policy: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an "insured"; or b. To sue us on these Coverage Parts unless all of the Policy terms have been fully complied with by the" insured." FP4001 09-15 Page 3 of 9 35121851 1 Sohn Wayne Airport Jet Fuel Pipeline Pro I Sheryl Edward- 14/13/2017 2!21T17 PM (PDT) I Page 4 c£ 22 A person or organization may sue us to recover on an agreed settlement or on a final judgment against an "insured"; but we will not be liable for damages that are not payable under the terms of these Coverage Parts or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the "insured", and the claimant or the claimant's legal representative. 10. Multiple Coverage Parts — Deductible or Self -Insured Retention In the event that more than one coverage part applies to the same "occurrence", "claim" or "wrongful act", only one deductible or Self -Insured Retention Amount shall apply. The Deductible or Self - Insured Retention shall be the highest Deductible or Self -Insured Retention applicable to the covered "occurrence', "claim" or "wrongful act". 11. Other Insurance If other insurance is available to the "insured" for a loss we cover under one of these Coverage Parts, our obligations are limited as follows: Any coverage provided by these Coverage Parts shall be excess over any other insurance available whether a Self -Insured Retention, primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary and non- contributory basis, When this insurance is excess over other insurance: a. We will have no duty to defend the "insured" against any "suit" if any other insurer has a duty to defend the "insured" against that "suit". If no other insurer defends, we may undertake to do so, but we will be entitled to the "insured's" rights against all those other insurers and the "insured" shall cooperate with us in securing and enforcing those rights. b. We will pay only our share of the amount of the loss, if any, that exceeds the sum of: The total amount that all such other insurance would pay for the loss in the absence of this insurance; and The total of all Deductible and Self -Insured Amounts under all that other insurance. If, however, the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 12. Premium Audit a. We will compute all premiums in accordance with our rules and rates. b. Premium shown as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the "first named insured". The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the "policy period" is greater than the earned premium, we will return the excess to the "first named insured". c. The "first named insured" must keep records of the information we need for premium computation, and send us copies at such times as we may request. FP4001 09-15 Page 4 of 9 35221851. l Jahn Wayne nizp.rL Jet Fi.l pipeline Pro l Shawl kdwa=ds 1 4/13/2017 2;22:17 PM (PDT) I Page 5 of 22 d. Your refusal to maintain or provide needed records, or to allow us to conduct a physical audit of needed records, will result in our developing and calculating a final audit premium based on information available to us and without your cooperation. If final premium audits calculated without your cooperation result in additional premium, you are obligated to pay such additional premium. e. Earned premium that has been invoiced by the Company and has not been paid, subsequently becomes past due and will be subject to an interest rate charge on the unpaid earned premium due. Interest will be calculated daily at a simple rate of 9% per annum, applied to the unpaid balance due, from the past due date until full payment is received by the Company. 13. Representations By accepting this Policy, you agree that: a. The statements in the Declarations, any applications, any other supplemental materials and information and amendments to these Coverage Parts during the "policy period" are accurate and complete; and b. The applications, any other supplemental materials, information and amendments you made to us are deemed material; and c. We have issued this Policy in reliance upon your representations made in the application, any other supplemental materials and information. 14. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in Policy to the "first named insured", this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each "insured" against whom "claim" is made or "suit' is brought. 15. Service of Suit It is agreed that in the event of the failure of this Company to pay any amount claimed to be due hereunder this Company will submit to the jurisdiction of any court of competent jurisdiction within the United States of America and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such Court. It is further agreed that service of process in such "suit" may be made upon the Company's president, or his nominee, at the address shown on the Declarations page of this Policy, and that in any "suit" instituted against any one of them upon this Policy, this Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. The above-named is authorized and directed to accept service of process on behalf of this Company in any such "suit" and or upon the request of the "insured" to give a written undertaking to the "insured" that it or they will enter a general appearance upon this Company's behalf in the event such "suit" shall be instituted. Further, pursuant to any statute of any state, territory or district of the United States of America, which makes provision therefore, this Company hereby designates the Superintendent, Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office, as their true and lawful attorney upon whom may be served any lawful process in any action, "suit" or proceeding instituted by or on behalf of the "insured" or any beneficiary FP4001 09-15 Page 5 of 9 357.21851 1 Sohn =Wayne Airport TeU Fuel Pipeline Pro 18heryl Edwards 14/13/2017 2;23:17 PM (PDT} 1 Page 9 ax 22 hereunder arising out of this contract of insurance, and hereby designated the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 16. Transfer of Rights of Recovery Against Others to Us If the "insured" has rights to recover all or part of any payment we have made under any Coverage Part, those rights are transferred to us. The "insured" must do nothing after loss to impair them. At our request, the "insured" will bring "suit" or transfer those rights to us and help us enforce them. The Company agrees to waive any right of recovery against any person or organization, when required by written contract executed prior to a "responsible person" first becoming aware of any "bodily injury", "property damage", "environmental damage", "cleanup costs", "mitigation expense", or "wrongful act". SECTION II - COMMON DEFINITIONS The terms listed below may not appear in any Coverage Part that is made a part of this Policy, thereby making the definition inapplicable. Additionally, there may be definitions that do not appear below, but are included in a Coverage Part made a part of this Policy. In such event, the definition provided in the Coverage Part shall apply. If any definition listed below is inconsistent or in conflict with the definition included in any Coverage Part made a part of this Policy, the definition of such Coverage Part shall, for the purposes of that coverage, supersede any definition provided herein. "Additional named insured" means any person, organization, or entity identified as an "additional named insured" in an endorsement issued by us, but solely for their liability as specified in such endorsement. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment'. "Bodily injury" means: a. Bodily injury, sickness, disease; or building -related illness sustained by any person, including death resulting therefrom, and b. Mental anguish, emotional distress, or shock, resulting from a physical injury caused by a "pollution condition". "Claim" shall have the meaning set forth in the applicable Coverage Part. "Clean-up costs" means reasonable and necessary expenses incurred as a result of a "claim" to investigate, remove, dispose of, abate, contain, treat, or neutralize a "pollution condition", including any monitoring and testing cost: a. To the extent required by "environmental laws", including state voluntary cleanup or risk based corrective action guidance, governing the liability or responsibilities of the "insured", or b. In the absence of items in (a), above, to the extent recommended in writing by an "environmental professional'. FP4001 0915 Page 6 of 9 3512185! I Sohn Wayne Airport Set Fuel Pipeline Pro I ehexyl Edo—de 1 4/13/2047 2:23:17 PM (PDT) 1 Page 7 of 22 With respect to a "pollution condition", "clean-up costs" includes "replacement costs" and fees and expenses associated with an "environmental professional". "Emergency actions" means urgent intervention taken to mitigate threats to life, property and or the environment, "Employee" includes a "leased worker" or a "temporary worker". "Environmental damage" means adulteration of soil, surface water, groundwater or other media arising from a "pollution condition" and resulting in "clean-up cost". "Environmental damage" does not include "property damage". "Environmental laws" means any federal, state, provincial, municipal or other local laws, but not limited to, statutes, rules, ordinances, guidance documents, regulations and all amendments thereto, including state voluntary cleanup or risk based action guidance, and governmental, judicial or administrative orders and directives, that are applicable to a "pollution condition". "Environmental professional" means an individual designated by us who is duly certified or licensed in a recognized field of environmental science as required by a state board, a professional association, or both, We shall consult with the "insured" in conjunction with the "environmental professional". We may require that such professional meet certain minimum qualifications and maintain errors and omissions insurance. "First named insured" means the first person or first entity stated in the Declarations. "Insured" shall have the meaning set forth in the applicable Coverage Part. "Leased Worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". "Legal Expense" means attorneys' fees and other charges and expenses incurred in the defense or settlement of any "claim" for "loss". "Legal expense" includes the fees and expenses of consultants, expert witnesses, accountants, court reporters, and other vendors, for goods or services in connection with such defense, or settlement. "Legal expense" also includes all court costs taxed against the "insured" in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the "insured". "Legal expense" does not include the time and expense incurred by the "insured" in assisting in the investigation or resolution of a "claim", including but not limited to the costs of the Insured's" in-house counsel or consultant. "Loss" means: a. Compensatory damages, including those for -bodily injury", "property damage", "environmental damage", "clean-up costs", or "mitigation expense", and b. Punitive, exemplary or multiplied damages, civil fines, penalties and assessments based upon or arising out of a., above, where insurable by law. "Mitigation Expense" means, reasonable, necessary, and customary business expenses paid by the "insured" during "emergency actions" to minimize damage resulting from a "pollution condition" that may result in a "claim". "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads; FP4001 09-15 Page 7 of 9 35121851 I John Wayne Airport Jet Fuel Pipeline Pro I Sheryl Edwards 1 4/13/261: 2;23;17 2M {9oT2' E nage 5 of 22 b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not; maintained primarily to provide mobility to permanently mounted: Power cranes, shovels, loaders, diggers or drills; or ii. Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment' but will be considered "automobiles": Equipment designed primarily for: a) Snow removal; b) Road maintenance, but not construction or resurfacing; or c) Street cleaning; ii. Cherry pickers and similar devices mounted on "automobile" or truck chassis and used to raise or lower workers; and iii. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". "Mold matter" means mold, mildew or any type or form of fungus; including any mycotoxins, spores, or byproducts produced or released by fungi. "Natural resources" means land, fish, wildlife, biota, air, surface water, ground water, drinking water supplies and other such resources belonging to, managed by, held in trust by, pertaining to, or otherwise controlled by the United States, any state or local government, any foreign government, any Native American tribe, or if such resources are subject to a trust restriction on alienation, any member of an Native American tribe. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful condition. "Policy period" means the period stated in the Declarations. However, if this Policy is cancelled, by either the "first named insured" or us, the "policy period" ends at the effective date and time of the cancellation. "Pollutants" means any acoustic, solid, liquid, gaseous or thermal irritant or contaminant, including but not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals, waste or "runoff'. Waste includes, but EP4001 09-15 Page 8 of 9 35121651 I John Wayne Airport Jet Fuel Pipeline Pro I Sheryl Sowards 14/33/201? 2:23:14 PM (P1;Y) I Page 9 of 22 is not limited to, industrial, governmental, municipal, and household waste, biological infectants and contaminants, radiation, construction material waste and medical waste. "Pollution condition" shall have the meaning set forth in any applicable Coverage Part. "Products pollution condition" shall have the meaning set forth in the applicable Coverage Part. "Professional services" means any professional services stated in the Declarations, or otherwise scheduled as such onto this Policy in an endorsement issued by us, performed by or on behalf of the "insured". "Property damage" means: With regard to "natural resources": a. Adulteration or destruction of "natural resources", but not diminution in value. With regard to tangible property: b. Physical damage to or destruction of tangible property, including all resulting loss of use, and c. Diminution in value of that property, and d. For other tangible property that is not physically damaged or destroyed, loss of use only. "Property damage" does not include "mitigation expense", "clean-up cost' or "environmental damage". "Replacement costs" means costs incurred by the "insured" with our written consent, to repair, restore or replace real or personal property that was damaged in the course of incurring reasonable and necessary "clean-up costs". We will repair, restore or replace (at our sole discretion) the damaged real or personal property to the condition it was in prior to being damaged. "Responsible Person" means any officer, director, or partner of the "insured", or the manager, foreman, supervisor, or any other "employee" of the "insured" responsible for environmental or health and safety affairs, control or compliance, or any manager of a "covered location". "Runoff" means the draining away of water including substances picked up and moved by water from the surface of an area of land or man-made object or structure. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage", "environmental damage", "clean-up costs", "wrongful act" or "mitigation expense", to which this insurance applies is alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the "insured" submits with our consent. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. "Underground storage tank system" means any container or vessel, including the associated piping connected thereto, which is ten percent (10%) or more beneath the surface of the ground. "Wrongful Act" means any actual or alleged act, error, omission, misstatement, misleading statement, neglect or breach of duty in the performing of or failure to perform "professional services". James River Insurance Company FP4001 09-15 Page 9 of 9 35121851 1 John Wayne Airport Set Fvel Pipeline Pro I Sheryl Edwards 1 4/13/2417 2;23:17 PN. (PDT) i Page 10 of 22 * * # * IMPORTANT INSURANCE INFORMATION IN 7165 03 10 Please read this Notice carefully. No coverage is provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this notice, the provisions of the policy shall prevail. BUSINESS AUTO EXTENSION ENDORSEMENT FORM Our Business Auto Extension Endorsement Norm has been included as a part of your policy. This endorsement serves three purposes: • Add coverages for which no premium charge is made • Combine multiple exclusions which are typically added with separate endorsement forms on a single form. These apply to special exposures where it is the industry position to never provide coverage for them on a Business Auto Policy. • Clarify policy language Here is a summary of the provisions included in the form with a comparison to the base coverage form CA0001. Category CA0001 Business Auto Coverage Form AC0102 Business Auto Extension ....', Endorsement - N .C.. _ ., � y • 5 � - , ,- a - S � r� _ � ; Changes for Trailers liability coverage for trailers with a load Liability coverage for trailers designed to be and Farm Equipment capacity of 2,000 pounds or less, towed by a car, pickup, panel truck, or van if not used for business purposes, except farming or ranching, and for farm wagons or farm implements while being towed by a covered auto. Changes for Symbol 7 provides coverage for newly Symbol 7 includes newly acquired autos if Additional Newly acquired autos only if we cover all autos we already cover at least one auto you own Acquired Vehicles you own for that coverage or it replaces an for that coverage or it replaces an auto you auto you previously owned that had that previously owned that had that coverage coverage and you tell us within 30 days. and you tell us within 30 days after you acquire it. The most we will pay for Physical Damage Coverage is $100,000 per auto. Blanket Additional While coverage is automatically provided Any person or organizatiort.which you have Insured by the coverage form, an endorsement agreed to name as an.add.itional insured in. needs to be added to include the name of a written contract other than a contract for the additional insured party. the lease or rental of a vehicle. is an . "Insured" for Liability Coverage. Accidental Airbag Not provided in CA0001. The mechanical breakdown exclusion does Discharge Coverage not apply to the accidental discharge of an airbag. Glass Repair— Not addressed in CA0001. No deductible applies if glass is repaired Waiver of Deductible rather than replaced. Amended Duties in You must give us prompt notice of an The requirement that you must notify us of Event of Accident, accident or loss. an accident, claim, suit, or loss applies only Claim, Suit, or Loss when it is known to a sole proprietor, (Notice of partner, executive offer, member of a Occurrence) limited liability company or a des€gnated indiv€dual. iN 71 65 03 10 ACP SA 7853009204 LKDY 16102 INSURED COPY IN7165031000 0001 1 Jahn Wayne Airport Jet Fuel Pipeline Pre I Sheryl Edw—da 1 4/13%2017 2:23:17 PM (PDT) I Page 11 of 22 Page 1 of 2 78 0001259 35121851 IN 71 6503 10 Category CA0001 Business Auto Coverage Form AC0102 Business Auto Extension Intended Injury expected or intended from the standpoint of Endorsement Unintentional Failure Coverage is void if you or any insured Unintentional failure to disclose any to Disclose Hazards intentionally conceal or misrepresent hazards existing at the inception date of material fact at anytime. yourpolicywe will not affect coverage. Autos Hired or A separate endorsement is added to clarify Vehicles rented to employees are covered Rented by that vehicles rented to employees are autos on this policy, Employees covered. Exclusion automatically applies unless Emergency Lockout Not addressed in CA0001 Coverage for up to $50 for reasonable — Private Passenger home contents. expense incurred for the services of a Vehicles locksmith to gain entry into your covered Physical Damage Repair or replacement with other property Ovate 2assenger auto. Limit of Insurance of like kind or quality, replacing may be based on an estimate Expected or Excludes bodily injury or property damage Clarification that coverage is excluded even Intended Injury expected or intended from the standpoint of if the resulting bodily injury or property Exclusion the insured. damage is of a different kind, quality or degree than initially expected or intended; or is sustained by a different person, entity, real property, or personal property than that initially expected or intended. Motor Home An exclusion endorsement should be Exclusion automatically applies unless Contents Coverage added if coverage is not desired for motor Miscellaneous Personal Property Coverage home contents. endorsementAC0086 is added to the oli Physical Damage Repair or replacement with other property Clarification that the cost of repairing or Limit of Insurance of like kind or quality, replacing may be based on an estimate which Includes parts fumished by the original equipment manufactureror other sources Including non -original equipment manufacturers. Physical Damage Repair or replacement with other property Valuation of wraps is in addition to the Limit of Insurance— of like kind or quality. value of the vehicle, Advertising Wraps Liberalization Applies to revisions that broaden coverage Applies to revisions that broaden coverage under the policy without additional premium under the policy without additional premium during the policy period within 60 days prior to or during the policy period _, .,_, _?1�.', v' A�' t - '_ti J-�F sa zn�y' Damage to Named Not addressed Coverage is excluded for damage to Insured's Property another Named insured's property. Abuse or Not addressed Exclusion of the actual or threatened abuse Molestation or molestation. Explosives An exclusion endorsement is added If the Exclusion automatically applies without the exposure to making, selling, or transporting need to add a separate endorsement, explosives exists. Rolling Stores An exclusion endorsement is added if the Exclusion automatically applies without the Products Exclusion insured sells products from vehicles. need to add a separate endorsement. Wrong Delivery of An exclusion endorsement is added if the Exclusion automatically applies without the Liquid Products insured delivers liquid products, need to add a separate endorsement. Professional An exclusion endorsement Is added if the Exclusion automatically applies without the Services insured provides any medical or need to add a separate endorsement. professional services. Page 2 of 2 IN 7165 03 10 ACP BA 78,5-5009204 LKDY 76102 INSURED COPY IN7165031000 0001 78 0001260 35121851 1 Joh- Wayne AirBort .Tet SUeJ Pipeline ?ro I Sheryl Rdwaz 5 1 4(13%20:7 2:23:27 PM (PDT) I Page 12 0= 22 **** IMPORTANT INSURANCE INFORMATION IN 71 65 03 10 Please read this Notice carefully. No coverage is provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there Is any conflict between the policy and this notice, the provisions of the policy shall prevail. BUSINESS AUTO EXTENSION ENDORSEMENT FORM Our Business Auto Extension Endorsement Form has been Included as a part of your policy, This endorsement serves three purposes: • Add coverages for which no premium charge is made • Combine multiple exclusions which are typically added with separate endorsement forms on a single form. These apply to special exposures where it is the industry position to never provide coverage for them on a Business Auto Policy. • Clarify policy language Here is a summary of the provisions included in the form with a comparison to the base coverage form CA0001, Category CA0001 Business Auto Coverage Farm AC0102 Business Auto Extension Endorsement r Changes for Trailers Liability coverage for trailers with a load Liability coverage for trailers designed to be and Farm Equipment capacity of 2,000 pounds or less: towed by a car, pickup, panel truck, or van if not used for business purposes, except fanning or ranching, and for farm wagons or farm implements while being towed by a covered auto. Changes for I Symbol 7 provides coverage for newly Symbol 7 Includes newly acquired autos if Additional Newly acquired autos only if we cover all autos we already cover at least one auto you own Acquired Vehicles you own for that coverage or it replaces an for that coverage or it replaces an auto you auto you previously owned that had that previously owned that had that coverage coverage and you tell us within 30 days. and you tell us within 30 days after you acquire it. The most we will pay for Physical Damage Coverage is $100,000 per auto. Blanket Additional While coverage is automatically provided Any person or organization. whi.c.h.you .have Insured by the coverage form, an endorsement agreed to name as an additional. insured in needs to be added to include the name of a written contract other.than a contract for the additional insured party. the lease or rental of a vehicle is an "insured" for LiabilityCovera e. Accidental Airbag Not provided in CA0001. The mechanical breakdown exclusion does Discharge Coverage not apply to the accidental discharge of an airbag. Glass Repair— Not addressed in CA0001. No deductible applies If glass is repaired Waiver of Deductible rather than replaced. Amended Duties in You must give us prompt notice of an The requirement that you must notify us of Event of Accident, accident or loss. an accident, claim, suit, or loss applies only Claim, Suit, or Loss when it is known to a sole proprietor, (Notice of partner, executive offer, member of a Occurrence) limited liability company or a designated individual. IN 7165 03 10 ACP BA 78-5.6009204 LADY 16102 INSURED COPY IN7166031000 0001 351211sl [ Jahn Wayne Airport Set Rue). Pipeline Pro 1 Sheryl Edwards 1 4/13%203.7 2:23:17 PM (PDTI Page 12 of 22 Page 1 of 2 78 0001259 IN 7165 03 10 Category CA0001 Business Auto Coverage Form AC0102 Business Auto Extension Endorsement Unintentional Failure Coverage is void if you or any insured Unintentional failure to disclose any to Disclose Hazards intentionally conceal or misrepresent a hazards existing at the inception date of material fact at any time. your policy we will not affect coverage. Autos Hired or A separate endorsement is added to clarify Vehicles rented to employees are covered Rented by that vehicles rented to employees are autos on this policy. Employees covered. Emergency Lockout Not addressed in CA0001 Coverage for up to $50 for reasonable — Private Passenger expense incurred for the services of a Vehicles locksmith to gain entry into your covered rivate passen er auto. -.y:'-a _` ••^ T g '^�-r.f� 3`rix�i °z' ;x 1:L.."7Fr d5-.-: Expected or p Excludes bodily injury or property damage Clarification that coverage is excluded even Intended Injury expected or intended from the standpoint of if the resulting bodily injury or property Exclusion the insured. damage is of a different kind, quality or degree than initially expected or intended; or is sustained by a different person, entity, real property, or personal property than that initially expected or intended. Motor Home An exclusion endorsement should be Exclusion automatically applies unless Contents Coverage added if coverage is not desired for motor Miscellaneous Personal Property Coverage home contents. endorsementAC0086 is added to the policy. Physical Damage Repair or replacement with other property Clarification that the cost of repairing or Limit of Insurance of like kind or quality. replacing may be based on an estimate which includes parts furnished by the original equipment manufacturer or other sources including non -original equipment manufacturers. Physical Damage Repair or replacement with other property Valuation of wraps is in addition to the Limit of insurance — of like kind or quality. value of the vehicle. Advertising Wraps Liberalization Applies to revisions that broaden coverage Applies to revisions that broaden coverage under the policy without additional premium under the policy without additional premium during the policy period within 60 days prior to or during the policy enod Damage to Named Not addressed Coverage is excluded for damage to Insured's Prope another Named Insureds properly. Abuse or Not addressed Exclusion of the actual or threatened abuse Molestation or molestation. Explosives An exclusion endorsement is added if the Exclusion automatically applies without the exposure to making, selling, or transporting need to add a separate endorsement. explosives exists. Rolling Stores An exclusion endorsement is added if the Exclusion automatically applies without the Products Exclusion insured sells products from vehicles. need to add a separate endorsement. Wrong Delivery of An exclusion endorsement is added if the Exclusion automatically applies without the Liquid Products insured delivers liquid products. need to add a separate endorsement. Professional An exclusion endorsement is added if the Exclusion automatically applies without the Services insured provides any medical or need to add a separate endorsement. professional services. Page 2of2 ACP BA ?"4009204 LKDY 16102 INSURED COPY IN7165031000 0001 35121851 1 John Wayne Airport L7et Fuel Pipeline Pro 1 Sheryl Edwarda ! 4/13/2017 2:23:17 PIM (PDT) Page 14 of 22 IN 7165 03 10 78 0001260 ENDORSEMENT # This endorsement, effective 12:01 a.m., forms a part of Policy No. issued to by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OWNER CONTROLLED INSURANCE PROGRAM AMENDMENTS This endorsement modifies insurance provided under the following: CONTRACTOR'S POLLUTION LEGAL LIABILITY POLICY I. Section I. Insuring A,, rrreeements, Coverage A — JOB SITE, is deleted in its entirety and replaced with the following: A. Coverage A - JOB SITE The Company will pay on behalf of the INSURED for POLLUTfON LOSS which the INSURED becomes legally obligated to pay as a result of a POLLUTION CONDITION at a JOB SITE, provided that: 1, the POLLUTION CONDITION results from CONTRACTING SERVICES rendered on or after the RETROACTIVE DATE and prior to the expiration of the POLICY PERIOD; 2. the POLLUTION CONDITION is on, at, under or migrating from a JOB SITE; 3. the POLLUTION CONDITION results in a CLAIM against the INSURED; and 4. the CLAIM is first made against the INSURED during the POLICY PERIOD or the COMPLETED OPERATIONS PERIOD, and reported to the Company, in writing, during the POLICY PERIOD or COMPLETED OPERATIONS PERIOD. 111. Section 1. Insuring Agreements, Coverage C — NAMED INSURED'S LOCATION, is deleted in its entirety. Ili. Section II. Definitions, I. JOB SITE, is deleted in its entirety and replaced with the following: I. JOB SITE means the location where CONTRACTING SERVICES are being rendered. JOB SITE also includes a location that is used by the INSURED on a temporary basis for the project described in item (5) of the Declarations, during the course of providing CONTRACTING SERVICES for such project. JOB SITE does not include a NON -OWNED DISPOSAL SITE. IV. Section 11. Definitions is amended to include the following: COMPLETED OPERATIONS PERIOD means the period of time beginning on POLICY EXPIRATION at 12:01 A.M. standard time at the mailing address shown in Item (1) of the CPLcm105a 1012 © 2012 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 35121551 1 john 'Wayne Airport Set Fuel Pipeline Pro I Sheoyl Bdw—ds ' 4/13/2017 2:23;17 PM ?PDT) i Page 15 of a"2 Page 1 of 39 Declarations, and ending on 10 years at 12:01 A.M. standard time at the mailing address shown in Item (1) of the Declarations. V. Section IV. Exclusions, A. Asbestos and Lead -Based Paint, J. Insured versus Insured, K. Intentional and Dishonest Acts, S. Property and W. Transportation, are deleted in their entirety and replaced with the following; A. Asbestos and Lead -Based Paint arising out of the existence of, required removal or abatement of lead-based paint or asbestos, in any form, including, but not limited to, products containing asbestos, asbestos fibers, asbestos dust, and asbestos containing materials. This exclusion does not apply to lead-based paint or asbestos on, at, under or migrating from a JOB SITE or a NON -OWNED DISPOSAL SITE. This exclusion also does not apply to the TRANSPORTATION of lead-based paint or asbestos. J. Insured versus insured arising from any CLAIM made by an INSURED against any other INSURED. This exclusion does not apply to a CLAIM by the NAMED INSURED listed in Item (1) of the Declarations. K. Intentional and Dishonest Acts arising from any: (1) intentional disregard of, or non-compliance with, any statute, regulation, ordinance, law or order, by or at the direction of the INSURED or its agent; or (ii) actual or alleged fraudulent, dishonest or malicious conduct by the INSURED. This exclusion does not apply to the INSURED that did not allegedly commit or did not allegedly participate in committing any of the foregoing described above. S. Property arising out of: any real property owned by the INSURED. However, this does not apply to the NAMED INSURED listed in Item (1) of the Declarations; or 2. any personal property in the care, custody or control of the INSURED, other than personal property owned or leased by, or in the care, custody or control, of the NAMED INSURED listed in item (1) of the Declarations. W. Transportation arising from the ownership, maintenance, use, operation, loading or unloading of any aircraft, watercraft or rolling stock, including any machinery or apparatus attached thereto or any cargo carried thereby, beyond the boundaries of the JOB SITE. VI. Section IV. Exclusions, r. Faulty Workmanship, is deleted in its entirety. VII. Solely with respect to coverage that may be afforded under Section I._ Insuring Agreements, Coverage A --JOB SITE, Section V. Extended Reporting Period, is deleted in its entirety. Vlll. Section VII. Reporting, Defense Settlement and Cooperation, Paragraph C. Is amended to include the following: Where allowable by law, if a CLAIM is asserted against two or more INSUREDs, the Company has the right to defend such CLAIM on a joint defense basis. In those circumstances, the Company has CPLcm105a1012 © 2012 XL, America, Inc. All Rights Reserved. May not be copied without permission. 25121551 1 John Wayne Airport Jet Fuel Pipeline Pro I Sheryl udwarda 1 5/13/2017 2:23:7.7 FM {K:T3 I page 16 0£ 22 Page 2 of 39 the right to appoint one counsel to defend all of the INSUREDs in connection with any such CLAIM. All INSUREDs are obligated to cooperate with the Company in connection with the investigation and joint defense of such CLAIM and to otherwise cooperate with the Company in accordance with the terms and conditions of this Policy. IX. Section VIII. Conditions, K. Other Insurance, is deleted in its entirety and replaced with the following. K. .Other Insurance — Where other valid and collectible insurance is available to the INSURED,. the Company s obligations to the INSURED are as follows: 1. This insurance is excess over the Self -Insured Retention Amount applicable for the coverage specified in Item (4) of the Declarations. 2. This. insurance Is primary except when Section. VII.I.K.3. applies. 3. With regard to RESTORATION COSTS, this insurance is excess over any other valid and collectible insurance, whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise. 4. When this insurance is primary, the Company will have no right of contribution against any other insurance company providing primary insurance. All other terms and conditions remain the same. CPLcm105a 1012 © 2012 X.L. America, Inc. All Rights Reserved. May not be copied without permission. 35121851 1 John Wayne Airport Jet Fuel Pipeline Pro I Sheryl Edwards [ 4/13/201: 2:23:17 PM {PV3 I Page 17 of 22 Page 3 of 39 ENDORSEMENT #TBD This endorsement, effective 12:01 a.m., 4/1/2017 forms a part of Policy No. PECO049609 issued to Wickland Pipelines, LLC by Indian Harbor Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO SUBROGATION CONDITION This endorsement modifies insurance provided under the following: CONTRACTOR'S POLLUTION LEGAL LIABILITY POLICY Section VIII, Conditions, N. Subrogation is deleted in its entirety and replaced with the following: N. Subrogation -- In the event of any payment under this Policy, the Company will be subrogated to all of the INSURED's rights of recovery against any person or organization and the INSURED will execute and deliver instruments and papers and do whatever else is necessary to secure such rights, The INSURED will do nothing at any time to prejudice the Company's subrogation rights. However, the Company waives its right(s) of recovery against any person or organization including, but not limited to those named in the Schedule below, if and to the extent the NAMED INSURED has agreed to waive its right(s) of recovery against such person or organization in a written contract signed by the NAMED INSURED prior to the first commencement of a POLLUTION CONDITION out of which the CLAIM or request for EMERGENCY REMEDIATION EXPENSE arises under Section I. Insuring Agreements. ..Schei_lule , . Blanket where required by written contract with any governmental agency or district All other terms and conditions remain the same. CPL814b 05 09 © 2009 X.L. America, Inc. All Rights Reserved, May not be copied without permission. 35121653 1 John Wayne Airport Jet Fuel Pipeline Pro I ,Sheryl. Pdwarda ! 4/1'/2017 2;23;17 PM (PDV E page 18 of 22 00076597-0 Wickland Pipelines, LLC JA��. RIVERBinder IN�RANC 4/43/2017 P.O, Box. 27648, Richmond, VA 23261; (804) 289-2700, This Binder is only a summary of the coverages(s) you have ordered. For a complete description of the terms and conditions of coverage, please refer to the policy itself including all endorsements, Attention: Firm: Applicant: Wickland Pipelines LLC Date: 3/29/2017 Proposed Policy Term. 4/1/2017 to 4/1/2018 Description of� usti ' Clerk 300 Centennial Way Tustin CA 92780 Terms and Conditions: Policy No.: 00076597-0 Company: James River Insurance Company Refer to Form FP5312-0117 - Limitation - Description of Operations Coverage Coverage Form General Liability Occurrence Limits Each Occurrence - General Liability Personal and Advertising Injury - Gen Liability Damage to Premises Rented to You - Gen Liability Medical Expenses - General Liability Products/Completed Ops Aggregate - Gen Liability General Aggregate Exposure Rating Basis to a project - as described in Form Deductible $25,000 Per Occurrence For General Liability Forms See attached schedule Audit Information Frequency Type Annual Physical Retro Date Nose Date Not Applicable Not Applicable $ 6,000,000 $ 6,000,000 $ 100,000 Excluded $ 6,000,000 $ 6,000,000 Policy Rate Please Review quote terms and conditions carefully as coverages and terms offered may not match those requested, Premium: W Minimum Earned Percent: TRIA:� Company Fee: 1 35121851 I John Wayne Airport Jet Fuel Pipeline Pro I Sheryl Edwarda f 4/13/2017 2;23;17 PM EPf7Ti I Page 19 of 22 JAME'S RIVER INSURANCE Binder P.O. Box 27648, Richmond, VA 23261; (804) 289-2700. This Bindcr is only a summary of the coverages(s) you have ordered. For a complete description of the terms and conditions of coverage, please refer to the policy itself including all endorsements. Forms to be Attached (Please click f*m number to open a specimen copy in another browser window); FI'5900-0112 A,,"�,table Policy Notice " a FP2001-0816 Freedom Pack Policy Declarations APOOOIUS-0403 Schedule A CG0001-1207 Commercial General Liability Coverage Form FP4001-0915 Common Conditions and Definitions Exclusion - Lead or Lead -Based Paint -c:= (includes part 16. Transfer of Rights of Recovery Against Others to Us)> AP2103US-0607 Minimum Polio: yPremium FP5004-0112 Composite Rate Endorsement FP5005-0516 Premium Audit Conditions Amended - Including Past Due Balances Provision FP5015-1113 Premium Base Endorsement F'P5034- 1016 Deductible Endorsement - Damages and Expenses CO2417-1 001 Contractual Liability - Railroads Exclusion of Liability - Other Policies <-(As required by written contract or written agreement executed prior to any claim or "suit")> FP5201-0112 Additional Insured -Automatic Status When Required by Written. Contract Rejection of Coverage for Certified Acts of Terrorism Coverage <- (includes primary &'non-contributory wording) FP5406-0112 Conditions - Independent Contractors and ,Subcontractors Coverage Requirements FP5312-0117 Limitation - Description of Operations <- (Limitation - Designated pipeline) including a map- final TBD> <40wnership of John Wayne Airport Jet Fuel Pipeline in a construction phase; all pipeline construction - Privacy Policy related work/ activities are subcontracted to 3rd parties / No coverage for tank storage -related construction)> FP5325-0612 Limitation - Damages CGO068-0509 Recording and Distribution of Material or Information in Violation of the Law Exclusion CCT2147-1207 Employment -Related Practices Exclusion CG2167-1204 Fungi or Bacteria Exclusion AP5025US-1004 Exclusion - Damage to Underground Facility FP5601-1116 Exclusion - Occupational Disease FP5607-0215 Exclusion - Reduction in Property Value PP5609-0612 Exclusion - Asbestos FP5615-0612 Exclusion - Nuclear Energy Liability FP5635-0612 Exclusion - Silica FP5663-0112 Exclusion - Cross Suits EP5664-0112 Exclusion - Absolute Pollution and Pollution Related Liability F_P5665-0612 Exclusion - Lead or Lead -Based Paint FP5667-0612 Exclusion - Claims in Progress FP5669-0612 Exclusion - Professional Liability P51� 675-0112 Fiduciary Exclusion FP5695-01 i2_ Exclusion - Operations in the US Virgin Islands FP5697-0112 Exclusion - Operations Covered by a Consolidated Insurance Program - (Wrap-up, OCIP, CCIP) FP5698-0812 Exclusion - Discrimination GC2139US-1012 Exclusion of Liability - Other Policies <(Practice CGL policy -policy 9; eff & exp dates; & carrier are TBD)> AP5027R-0115 Rejection of Coverage for Certified Acts of Terrorism Coverage ?9001-0115 Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism Committed Outside the US IL1201-0403 Policy Changes <- (Limitation - Designated pipeline) including a map- final TBD> AP01 OOUS-0403 Privacy Policy 35121851 I Sohn Wayne Airport .Tet Fuel Pipeline Pro I Sheryl Edwards 1 4/13/2017 2:23:17 PM (PLT) j Page 20 of 22 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED --AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT ❑ All Coverage Parts or ® Only the following checked Coverage Part(s) COVERAGE PART A - COMMERCIAL GENERAL LIAI COVERAGE PART B - CONTRACTOR'S POLLUTION COVERAGE PART B - CONTRACTOR'S POLLUTION COVERAGE PART C - PROFESSIONAL LIABILITY ' -z COVERAGE PART D - SITE ENVIRONMENTAL LLt► I COVERAGE PART E - PRODUCTS POLLUTION(0.B COVERAGE PART F PROD UCTSICOMPLETEIi, COVERAGE PART G - OTHER SECTION II —Who Is An Insured is amended to organization you are required to include.as an written agreernent.in effect during this "policy injury' or, "property damage' but only with respec caused, in whole or in part, by: J: Liability for the above acts or contract or written agree that assumption of the irou any person or r by written contract or 'occurrence' of any "bodily or "property damage" ility you are required to assume in a written that is specifically related to "your work", provided ,nitted by law. Insurance provided by this Policy exceed the Limits of ten contract or written agreement, the insurance provided by ted to the Limits of Insurance required by the written contract or sement shall not increase the Limits of Insurance stated in the coverage provided by this endorsement to an additional insured(s) shall be excess over other valid and collectible insurance available to the additional insured whether primary, i cactingent or on any other basis unless a written contract or written agreement Cady requires that this insurance apply on a primary and noncontributory basis, i respect to the insurance afforded to the additional insured(s), the following additional usions apply: a. All work, including materials, parts or equipment fumished in connection with such work, (other than service, maintenance or repairs) on the project to be performed by FP5201 01-12 Page 1 of 2 35121851 1 John Wayne Airport Jet Fuel Pipeline Pro i ,Sheryl Pdwards 1 4(7.3/2017 2:23:17 PM (PDT) [ Page 21 of 22 or on behalf of the additional insured(s) at the location of the covered operations, has been completed; or b. That portion of "your work" out of which the "bodily injury' or "property damage" arises has been put to its intended use by any person or organization other th. another contractor or subcontractor engaged in performing operations for a prff as a part of the same project; provided that item 3.a. and 3.15. above shall not apply if such coverage is required by written contractor written agreement in effect during this "policy period" and execu, 'olto ttioa occurrence" of any "bodily injury" or "property damage". ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNI Includes copyrighted material of Insurance Services Office, Inc., with its permission. FP5201 01-12 Page 2 of 2 35121651 1 John Wayna Airport Uat. FLel pipeline 2^0 I Sheryl ad—cla I 4/13/201.7 3:23:17 PM (PDT) 1 Page 22 of 22