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HomeMy WebLinkAboutNotarized Encroachment Permit and AgreementMONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, RYAS- CA<k/c//at & &(hereinafter referred to as "PERMITTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest and assigns of the PERMITTEE. FEE: $490.00 The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMITTEE'S encroachment are described in EXHIBIT A, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This Encroachment Permit and Agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PERMITTEE's property described above, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE-hereby specifically acknowledges, accepts. and agrees to. PERMITTEE also acknowledges that those terms and conditions include, without limitation, the CITY's right to require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this Encroachment Permit, the maintenance of the encroachment, and the PERMITTEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attorney's fees and costs of enforcement. A copy of this Encroachment Agreement may be recorded against the PERMITTEE's real property that may be benefited by the installation and maintenance of the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego , County Recorder's Office, and upon recordation shall return the original to the CITY. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed, or relocated by PERMITTEE at the PERMITTEE's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 1 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's and others entry upon and use of CITY's easement or right- of-way for the installation, maintenance, removal, and use of the PERMITTEE's encroachment. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this Agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. 7. Insurance. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) aggregate, covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy California statutory requirements. In addition, PERMITTEE shall take out and maintain employer's liability coverage with limits of not less then One Million Dollars ($1,000,000) per occurrence. The policy shall be endorsed with a waiver of subrogation as to the CITY. All policies required by this Agreement shall be written by insurers licensed to do business in the State of California, which are rated at least "A, VII" by the current A.M Best Ratings Guide and otherwise approved by CITY's Risk Manager. Coverage written by non -admitted, surplus lines carriers may be acceptable provided the insurer is included in the most recent California List of Eligible Surplus Lines Carriers (LESLI list) and otherwise meets CITY insurance requirements. Coverage shall be written on occurrence forms; in the event coverage is written on a claims made form, the retro date must be on or before oommoncement of this Agreement, and coverage must be maintained for a period of at least three (3) years following the termination of this Agreement. All deductibles and/or self -insured retentions must be disclosed on the certificate of insurance. These policies shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with all required endorsements evidencing the coverage required by this section. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this Agreement, and require removal of the encroachment. 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits; for notification to Underground Service Alert, when applicable; and for the safe installation and maintenance of the encroachment at all times. 2 2 Encroachment Permit and Agreement Monitoring Well 9. This Encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY, and accepted and acknowledged by the PERMITTEE, and if determined necessary by the CITY, recorded. 10. PERMITTEE shall within 48 hours upon written notification by the CITY adjust, or cause to adjust the top of the well, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 11. PERMITTEE shall provide and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation within the CITY,right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the well and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour, or the damage which might result from the PERMITTEE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state, and federal safety and health standards, laws, and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the well to be conducted during the length of this encroachment. Such notification shall 3 3 Encroachment Permit and Agreement Monitoring Well 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this Encroachment Agreement. 22. The well cap installed under this permit shall have information printed giving the name and phone number of the responsible entity in charge of the installation and maintenance of the well. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report; a copy of the Department of Health Services, County of San Diego response; and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. Dated: CITY OF NATIONAL CITY PERMITTEE: /N,v __cw t iotij Ron Morrison, Mayor Entity/Company 6 N (,f (,�GF 6 p /ksieuLTvrC i, 7CTRo cfivtvl 4lq-ll 1.< 5 Vicz3 6F CA - Signature S 0-7 �, Se. 19C° A its`---- Name & Title trvl S — C 4 ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: o -i-rc— `- GEvi Ai Person in Responsible Charge 67?/56 7C, g 24/7 Phone Number /WNovAr l✓iAMAA/HatriL Firm Name Mailing Address: 9 s C0N9 5,.. �d/Cf.4, c 4 9Zo?y PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENT, OR RIGHT-OF- WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "A", ATTACHED 4 Encroachment Permit and Agreement Monitoring Well CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor County of On /2/2 c.) /0 D e personally appeared } before m€ rthutr P. Argtl>Iifla, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) hateboataabisibedikaal f;...ART=QUE1 .��i- " NOTARY PUBLIC-CALIFORNIA� "4�1i►e COMM. NO. 1872932 't;11; .? SAN DIEGO COUNTY :...,• MY COMM. EXP. JAN. 7, 2014 Place Notary Seal Above who proved to me on the basis of atisfactory evidence to be the person(s) whose name(,, , re subscribed to the in instrument and acknowl ed to me that he/they executed the e hi er/their authorized capacity(ies), and that his er/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 tri a Pffici eal. Signature OPTIONAL Sign ry Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — D Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association- 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 5 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? -7— ] 4 WbQti. A��S 2) What is the time required to install each well? I-2 lour Gvo/!k Pity-5 3) How long will the wells remain in the street? .2 — -S (ppta4..) 4) How long will the abandonment of the wells be? (time frame) 710 Wo(Zt4 041,5 5) How often will the wells be monitored and sampled? SeMth1—AUM-- 6) How long will it take to purge and sample each well? 2-`{ l c,J cS 7) Who will be responsible for removing the wells from the public right-of-- way and restoring the street? �2 5 T/Zu c_-r vW /& li2o L c7on4 Mtge(e`T/ A9 OF (A C/ Faf x/CA- (g f L //o/ PtA- zA ` 'z 8) Who will be responsible for top of well head adjustments? /A/x/ovAen Pitv/Od.4/4.4.it/ia-I_ VT/ o /.IS M72 S-rr 5v, 0.- &.AlLl ,v (T ji ck , 20ZV Co (Y1cT Ste-- Levi j Se. 1925z 9 .36g--74FC /2o/✓, 4 E7LC `ice- L �� 4 L 7-1-1 Gwi't t L+-( / D '% err_ F/Z 7To Q r nrLTa2 �� POWER OF ATTORNEY FOR THE MANAGEMENT OF CLAIMS TO THE CALIFORNIA UNDERGROUND STORAGE TANK CLEANUP FUND 1, Jack Ceccarelli, President of Restructure Petroleum Marketing Services of California, Inc. located at 9519 E. M-L ng Boulevard,- ice-t00-,--Tamper Florida-33610 appoint: Noel Shenoi of CalClean Inc., 3002 Dow Avenue, Suite 142, Tustin, CA 92780 and Michael Davis of Innovative Environmental Solutions, Inc., 839 Second Street, Suite 2, Encinitas, CA 92024 and Joseph Schaaf of GeoEnviro Services, Inc., 5529 Kailas, Ventura, CA 93003 and Rafael Gallardo of Gallardo & Associates, Inc. 304 Belle Court, El Dorado Hills, CA 95762 as my agent (attorney -in -fact) to act for me in any lawful way by signing, submitting, or receiving all documents necessary to file my claims to, and to endorse checks from. the Underground Storage Tank Cleanup Fund for reimbursement of costs related to work performed by CalClean Inc., Innovative Environmental Solutions, Inc., GeoEnviro Services, Inc, or Gallardo & Associates, Inc. and their subcontractors, in response to petroleum releases at the sites listed in Attachment 1. This power of attorney is effective immediately and will continue until it is revoked, unless I direct otherwise on the line below. If I have designated more than one agent, the agents are to act separately. This power of attorney is governed by the Power of Attorney Law. California Probate Code Section 4000 et seq. 1 agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. Signed phi U day ofsJ . , 2008 (Claim (Claimant's tax identification number) ��// State of T�CD•.Q�s..— County of /T/67ec.. State of Florida County of Hillsborough The forgoing instrument was acknowledged before me this 30th day of January, 2008 by Jack Ceccarelli as President of RPMS-CA, who is personally known to Jean M. Subecz, Notary Public Commission #DD698012 The Claimant must attach a certificate of acknowledgement of notary public in compliance with Section 1189 of the Civil Code or other applicable law. By accepting or acting under the appointment, the agent assumes the fiduciary and other legal responsibilities of an agent. Noel Shenoi Michael Davis` Joseph Schaaf Rafael Gallardo ( ( (Sig9ature of auomeytm-fact)• (Phone Number) ( /L'L. }'cv •;J ? �C _ (Phone Number) (Phone Number) ram? (Phone Number) NOTARY PUBLIC -STATE OF FLORIDA �,•,� Jean M. Subecz � Commission #DD698012 °�Expires: JULY 26, 2011 BONDED THIW ATLANTIC BONDING CO., DIG