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HomeMy WebLinkAboutAmendment No. 1 AgreementREINSTATEMENT AND AMENDMENT NUMBER ONE TO MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT BY AND BETWEEN THE +C1TY OF NATIONAL CITY AI4D CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY This Reinstatement and Amendment to Agreement (the Amendment°) Is entered into this 5th day of November, 2013, by and between the City of National City, a municipal corporation (°CITr), and Chevron Environmental Management Company (the "PERMITEE"). RECITALS A. The CITY and the PERMITEE entered into a Monitoring Well Encroachment Permit and Agreement on November 23, 2010 ("the Agreement), wherein the PERMITTEE was granted the right to encroach upon City property for the purpose of installing monitoring welts, namely on 80 Street (W 26) and in the alley between Roosevelt Avenue and Hoover Avenue south of 8°i Street (W-27), B, Monitoring well W-26 was Installed on January 7, 2011, and closed on April 28, 2011, at the request of the City due to future 80' Street improvements, C. Monitoring well W-27 was Installed on January 6, 2011 and is still In existence and monitored semi-annually. D. The Perr titee seeks to extend the Agreement for two additional years so that groundwater monitoring can continue to occur. E. The Agreement requires the Permltee to obtain City permission to extend the term of the Agreement and the PERMITTEE has requested a time extension for an additional two (2) years, from November 23, 2012 to November 23, 2014, NOW, THEREFORE, the parties hereto agree as follows: C 1, The Agreement entered into on November 23, 2010, Is reinstated and amended to extend the expiration date for monitoring well W-27 until November 23, 2014, 2. That with the foregoing exception, each and every term and provision of the Agreement dated November 23, 2010, shall remain in full force and effect. IN WITNESS WHEREOF; the parties hereto have executed this Amendment on the date and year first above written, Signature page to_follow Page - I - of 2 Amerdment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 CITY OF NATIONAL CITY CHEVRON ENVIRONMENTAL. MANAGEMENT COMPANY slgnatwns of two corporate officers) iy�yu. �e �•77 Ron Morrison, Mayor J (Name) Frank G. Soler (Print) Assistant Secretary APPROVED AS TO FORM: (Title) By: ' 14414"wf Claudia G. Silva (Name) City Attorney 1.4 Michael xW. Woody f (Print) Assistant Secretary (Title) Page - 2 - of 2 Amendment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 ACKNOWLEDGMENT State of California County of Contra Costa on October 9th, 2013 before me; Arnie Bogaard, Notary Public (insert name and title of the officer) personally appeared Frank G. Soler and Michael W. Woody who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that GIrie/they executed the same in Vs/hoer/their authorized capacity(ies), and that by IA/Or/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 (Seal) AfIE BOGAARO ti`. Commission* 1972516 1 Iii Notary Public - California a Contra Costa County My Comm. Expires Apr 4, 2116 - � v -, ..sue ; -.;--,