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HomeMy WebLinkAbout2005 CON Thrifty Oil - Encroachment AgreementCity of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 4, 2005 8 AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City approving an encroachment agreement with Thrifty Oil Co. for the installation of 3 groundwater monitoring wells at 1606 Plaza Boulevard east of Palm Avenue. PREPARED BY EXPLANATION Charles Nissley DEPARTMENT See attached Explanation. Engineering 4396 EXT. L CEnvironmental Review X N/A Financial Statement N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A c Laos-e ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Encroachment Agreement olvofai3 3we11s A-200 (Rev. 7/03) RE: Resolution of the City of National City approving an encroachment agreement with Thrifty Oil Co. for the installation of 3 groundwater monitoring wells at 1606 Plaza Boulevard east of Palm Avenue. EXPLANATON: Thrifty Oil Company the owner of the property located at 1606 Plaza Boulevard is seeking an encroachment agreement to install two groundwater monitoring wells within the public right of way on Plaza Boulevard East of Palm Avenue in order to monitor the potential presence of total petroleum recoverable hydrocarbons [(TPHg), Benzene, Toluene, Ethyl benzene, and Xylenes (BTEX) and Methyl- Tert- Butyl Ether (MTBE) impacted soil and groundwater]. The installation and well monitoring shall be performed by GeoHydrologic Consultants, Inc. as required by the County of San Diego Department of Environmental Health Site Assessment and Mitigation Division. The proposed monitoring wells will be constructed of a 2" diameter PVC casing with an 8" sand and bentonite grouted boring with a total well depth of 60 feet, completed with a flush mounted 12" diameter, traffic rated, steel well cover set in concrete. A Faithful Performance Bond in the amount of $2000.00 has been posted with the City Of National City, as a security for prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent traffic loop repairs, street resurfacing, restriping and any required well head adjustment. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THRIFTY OIL COMPANY FOR THE INSTALLATION OF THREE GROUNDWATER MONITORING WELLS AT 1606 PLAZA BOULEVARD, EAST OF PALM AVENUE WHEREAS, Thrifty Oil Company, the owner of the property located at 1606 Plaza Boulevard, is seeking an encroachment agreement to install three groundwater monitoring wells within the public right-of-way on Plaza Boulevard, East of Palm Avenue, in order to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the applicant has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by Thrifty Oil Company, and directs the City Clerk to record the same. PASSED and ADOPTED this 4th day of October, 2005. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney zi"l1b-ill-�UUb U't:ll U'J;dd l'11 4tUfiYUKULUtjIU UU1N ULIMPu r ft NU, r 14 ODD OGLE r. tic FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Thrifty Oil Co. (hereinafter referred to as "OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. The OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right of way or other public property of the City of National City, County of San Diego; State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility or other structure (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 OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This permit and agreement, when made for the direct benefit of Owner's land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail 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 Owner's sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, ?Lb-1b-''2UUb Wt,U UbtxtUHYUKULUtrIU UUlNbULIHIN1 rHR NL, (14 BOO OLLC r, ui installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary, in order to install or maintain the encroachment. 5. OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, reasonable demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance and use of the owner's encroachment, except that which may arise from 6. OWNER and each successor in interest or assign shall take out and the sole maintain, during the time the encroachment remains on City's easement or negligence or willful right-of-way, comprehensive general liability insurance with minimum misconduct limits of One Million Dollars ($1,000,000.00) combined single limit per of the City. occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, 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 policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. 7. The full terms and conditions under which this encroachment permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. b. The city can 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 owner's expense. 8. This Encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. " FEE-16-2605 WED 35:39 .Phi GSUPYDKLUG1l; UUNSULIHNI IH»S NU, rig aen oeee r, u4 FOR THE CITY OF NATIONAL CITY Name: Title: AGREED AND ACCEPTED: Dated: Person in Responsible Charge (Print Name) 24 hr. Phone Number OWNER/APPLICANT Met 9,/4 Printed Name & Signature ign re S FMB x � t e.5-t CIF 7r'6 (+)D Mailing Address s`Ze Z -TL(- 3�8 Firm Name Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only„ JS:jha2I11 PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED APPROVED AS TO FORM • George H. Eiser, illl City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of L ®.S Aya?je On AptZ)1Z0efeme, / i Sa/64MDate Name d Title of Officer�'(e.g., "Jane ce, Notary Public") JCJ personally appeared i�..1j%� v" tName(s) of Signers).e NANCYSOLORIANO Commission # 1310400 I Notary Public - California Los Angeles Courtly [ MyComm. 6pUesAug10.Z Place Notary Seal Above 31R 4.14: A,.. la ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person) whose name( is/are subscribed to the within instrument and acknowledged to me that he/sheJthey executed the same in his/l er,4I eir authorized capacity, and that by his/b.e#heir signature) on the instrument the person(491, or the entity upon behalf of which the person(% acted, executed the instrument. ITNES my hand and 9rfijcial1seal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: e of Notary Public Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact Li Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www netlonalnotery.org Prod. No. 5907 Reorder Call Toll -Free 1-800 87Q-6827 Ground Surface Flush Surface Well Cover Locking Slip Cap Steel Extension Skirt �,� ; , 3 .M k Well Casing 2 IAGH ''„ 44. 4l 1: 5 n? Bentonite Pellet or Chip �J a 38 fSand d2 Filter Pack 4fD =- Well Screen 2/MR 490 PIP/, erOaS l Threaded PVC Silt Trap o , o 3e4teptALE AID wL Seal z NtoMbtEr S'AAJp ei•troIG£ lip Rje al *Pr and Bottom Cap 7DC /Ds ,4uJ -8, `1 , lb Typical Monitoring Well Design /6t4. NSW. bi4v1)/ A4774;441L Gm/ Project No. Example Cie /25F- i LEGEND - GROUNDWATER MONITORING WELL -¢- - PROPOSED GROUNDWATER MONITORING NELL / a�4 / �4EG1'/ OBDC LI0.r",RSfad.hl_ _�- ID" VCP PEWER 4\ `• S" AC WATER MAIN '----- _ PLAZA BOULEVARD 2" HP OAS MAIN 250' 8" VCP / / \O" yC s44,4 MW-8 I APPROACH •_ ❑ 9 APPROACH N. 1-- IFR 4 7 1 0- pHe 0 J JS{s 5!S\\ \ SWAMP ORM� A�,l DISPENSER ' � 0 5"' / y.� \ ABANDONED ,o- SEWER — - -` — ISLM1ND`SE' n )'S f \ -- L_J SIDEWALK E—MSTING US 's APPROXIMATE SCALE IN FEET - PROPOSED SOIL VAPOR EXIRACRCN WELL e GEOHYDROLOGIC CONSULTANTS, INC. 3151 Airway Avenue, Bldg. HI r EXHI f B PUTT SHOWING SITE OF INSTALLATION THRIFTY SERVICE STA 11OB #105 16UBPImq yard AMA* 1$AA THE HARTFORD ENDORSEMENT Attached to and forming part of Bond # BSBDB 1939 effective April 19, 2005 on behalf of Thrifty Oil Company of Santa Fe Springs, California in favor of City of National City and in the amount of Two Thousand And No/100 Dollars. It is understood and agreed that effective April 19, 2005 the bond number shall be changed from BSBDB 1939 to 72BSBDB 1939 All other conditions and terms remain as originally written. Signed, Sealed, and Dated May 11, 2005 By: Hartford Fire Insurance Company Cesar F. Javier, Attorney -In -Fact The above endorsement is hereby agreed to and acce By: Form GENCNG (Rev. 02/04/03) THE HARTFORD 21 Hartford Fire Insurance Company • Hartford Casualty Insurance Company ® Hartford Accident and Indemnity Company ❑ Hartford Underwriters Insurance Company HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Twin City Fire Insurance Company El Hartford Insurance Company of Illinois q. Hartford Insurance Company of the Midwest Hartford Insurance Company of the Southeast U KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company and Twin City Fire Insurance Company, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED: Jeffrey Strassner, Christina Turman, Cesar F. Javier, B. A. Matson, Mechelle Larkin of Los Angeles, CA their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, this 19th day of September, 2000. ot Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT } COUNTY OF HARTFORD On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. ss. Hartford John P. Hyland, Assistant Vice President Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective asm Ay 1 1 Signed and sealed at the City of Hartford. I IH CER11FICATE Colleen Mastroianni, Assistant Vice President i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On MAY 15before me, Natalie K. Trofimoff, Notary Public personally appeared Cesar F. Javier personally known to me - OR - NATALIE K. TROFIMOFF Commission # 1410124 1 ; Notary Public - California ; Los Angeles County My Comm. es 8,2007 Notary Public Seal ❑ proved to me on the basis of satisfactory evidence 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. WITN., SS my hand :rti official se OPTIONALThough the data below is not required by law, it may prove valuable to persons relying rthe document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: SIGNATURE OF NO n INDIVIDUAL. nCORPORATE OFFICER Title(s) n PARTNER(S)0 LIMITED ❑ GENERAL Fl ATTORNEY -IN -FACT ❑ TRUSTEE(S) n GUARDIAN/CONSERVATOR C OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) Signer's Name [INDIVIDUAL CORPORATE OFFICER Title(s) ❑ PARTNER(S)0 LIMITED ❑ GENERAL ATTORNEY -IN -FACT n TRUSTEE(S) GUARDIAN/CONSERVATOR n OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) CITY OF NATIONAL CITY FAITHFUL PERFORMANCE BOND BOND NO. BSBDB 1939 KNOWN ALL MEN BY THESE PRESENTS: THAT Thrifty Oil Company of 11116 Tmparial Ni•hway, Santa Fe as Principal, and Hartford Fire nsurance Company a surety authorized to transact surety business in the State of California, as Surety, are held and firmlyCALIFORNIA bound unto CITY OF NATIONAL CITY, in the sum of Twofor the Thousand And No 100 Dollars ($2,000.00 ), payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligations is such that, whereas the above - bounded Principal is to obtain a permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Installation of a Ground Monitoring Well NOW, THEREFORE, if the above -burden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. vat 2005 ,. SIGNED AND SEALED this APPROVED AS TO FORM: BY: GEORGE EISER, III CITY ATTORNEY %9 19th day of April Thrifty Oil Company (name of Pr. ' al) By: Title: Hartford Fire Insurance Co an (Surety) By: Attorney -in -Fact Cesar F. Javier (Attach Notary Acknowledgement for Attorney -in -Fact) Address to which notice to Surety should be sent: One Pointe Drive r a. ��lifornia 92822-2333 THE HARTFORD ® Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company ] Hartford Underwriters Insurance Company HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Twin City Fire Insurance Company Hartford Insurance Company of Illinois [j Hartford Insurance Company of the Midwest �. Hartford Insurance Company of the Southeast 0 KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company and Twin City Fire Insurance Company, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED: Jeffrey Strassner, Christina Turman, Cesar F. Javier, B. A. Matson, Mechelle Larkin of Los Angeles, CA their true and Lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ©, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, this 19th day of September, 2000. Paul A. Bergenholtz, Assistant Secretary STATE OF CON N ECTICUT ss, Hartford COUNTY OF HARTFORD John P. Hyland, Assistant Vice President On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as APR Signed and sealed at the City of Hartford. APR Colleen Mastroianni, Assistant Vice President /1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On APR 10 2005 before me, personally appeared Natalie K. Trofimoff, Notary Public Cesar F. Javier ® personally known to me - OR - NATAUE K. TROFIMOFF Commission # 1410124 Notary Public - California g Los Angeles County My Comm. Expires Apr 8, 2007 Notary Public Seal ❑ proved to me on the basis of satisfactory evidence 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. WIT S my hand aglad official se SIGNATURE OF N OPTIONAL Though the data below is not required by law, it may. prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: [INDIVIDUAL ]CORPORATE OFFICER Title(s) ❑ PARTNER(S)n LIMITED GENERAL X ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) Signer's Name INDIVIDUAL nCORPORATE OFFICER Title(s) r---� PARTNER(S)fl LIMITED C GENERAL 1 1 ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) 1� AUG-30-2005 TUE 12:32 P.M GeoHydrologic Consultant: FAX NO. 714 898 5701 P, 02/03 AlCoRIDN CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 PRODUCER 877-945-7378 Willie North America., Inc, - Regional Cart Center 26 Century Blvd. P. 0. Box 304191 Nashville„ TN 3/2305191 DISLIKED Earth MAlnaga-moot Company 12116 Imperial Highee;y Santa Pa Spring, CA 90670 DATE 00/29/2005 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# SURER", Travelers Property Casualty Company of Am 25674-006 INSURER Bt NSIIRER C: INSURE R D: INSURER E. COVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAIN. -twos OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM DR CONDYTIDN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN NAY HAVE BEEN REDUCED BY PAID CLAIMS. pa�POLIICIES.. TYPE OF INSURANCE POLICY MIMBER DATE AINID�ITYIVYF L�Cy ExppA UNITS A GENERAL $ �_� i LIABILITY COMMERCIAL. GENERAL LIABILITY '--7 -,. CLAIMS MADE X1 OCCUF', Y660153D99o1TIL05 5/30/2005 5/30/2006 EACH OCCURRENCE 3 1,000 000 ETO RENTED �SESIEe. MED EXP LAM one person) 3 .300, 040 S PERSONAL aADV INJURY S 1, 000.000 GENERAL AGGREGATE S 2, 000 000 GEM. AGGREGATEUggMpIT APPLIES PER: _ POIJCY I jECT 1 LOC PROWCTS-COMP!OPAGG S 2 090. 000 AUTOMfBILEUAENLITY _ -- __ -- ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS: NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea acciden0 BODILY INJURY (Per Parsenl BODILY INJURY (Pa accident} S PROPERTY DAMAGE (Per accident) S GARAGEIJABUTY 1 ANY AUTO L_ AUTO ONLY -EA ACCIDENT 3 OTHER THAN EA ACC S AUTO ONLY. AGG $ EICESS LIABILITY i) OCCUR __] CLAIMS MADE DEDUCTIBLE RETENTION S EACH OCCURRENCE S AGGREGATE S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? Kyeibe ands SPe.ECIALdeacrPROVISION'S below I WCTORyTLIWR ET- R EL. EACH ACCIDENT S E.L. DISEASE - EA EMPLOYEE - S E.L. DISEASE -POLICY LIMIT S - OTHER DESCRIPTION (IF OPERATOHSIILOCATIONSMENICLE&EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER City Engineer City of National City :L243 National City Blvd. National, City, CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL I012(MA". 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO TOE LEFT, BUT FAILURE TO DO 30 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS DR REPRESENTATIVES. ACORD25(2001108) Col11:1389470 Tp1:406019 Cer ©ACORD CORPORATION 1966 /3 AUG-30-2005 TUE 12:33 PM GeoHydrologic Consultant FAX NO. 7'.0 Mg 577. . "3VO.? ?age 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poli<:y(ies) mulct be cndxsecl. A statement on this certificate does not confer rights to the certificate holder in lieu of such eadorsorrentii). If SUBROGATION IS WAIVED, subject to the terms and conditions of the pcdlcy, certain policies may require an endorsement. A statement on this certificate does not coffer rignt:; to the certificate holder in lieu of such endorsement(s)- DISCLAIMER The Certificate of Insurance on the reverse side of this form does not ,xmsl:itcre a contract between the r producer, and the it affirmatvissuing or negativelyu amend, extenzed d representative ter othe coverage afforded certificateb t h pol ci esar, nor listed thereon. ACORD25{2001l08) Co11:1389470 Tp1:406019 Cert:6118122 1y RESOLUTION NO. 2005 — 213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THRIFTY OIL COMPANY FOR THE INSTALLATION OF THREE GROUNDWATER MONITORING WELLS AT 1606 PLAZA BOULEVARD, EAST OF PALM AVENUE WHEREAS, Thrifty Oil Company, the owner of the property located at 1606 Plaza Boulevard, is seeking an encroachment agreement to install three groundwater monitoring wells within the public right-of-way on Plaza Boulevard, East of Palm Avenue, in order to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the applicant has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by Thrifty Oil Company, and directs the City Clerk to record the same. PASSED and ADOPTED this 4th day of October, 2005. ATTEST: c el R. Dalla, , ity Clerk APPROVED AS TO FORM: Georgeser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on October 4, 2005, by the following vote, to -wit: Ayes: Councilmembers, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: Inzunza Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-213 of the City of National City, California, passed and adopted by the Council of said City on October 4, 2005. City Clerk of the City of National City, California By: Deputy tt13-1b-'UUb Wr.0 U0:6b t'CI UtUnliKULUa1U UU bUL!Hni rHn NU, 114 doa 0GGG .r uG FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Thrifty Oil Co. (hereinafter referred to as "OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. The OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right of way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility or other structure (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 OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This permit and agreement, when made for the direct benefit of Owner's land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail 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 Owner's sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, hh0-lb-i'UUb WLU uturiYUULUj1U UUNbUL:.w!. --1n `.Vu. (14 aee cccc installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary, in order to install or maintain the encroachment. 5. OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, includinglattorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance and use of the owner's encroachment, except tha 6. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars (S1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, 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 policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. 7. The full terms and conditions under which this encroachment permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. b. The city can 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 owner's expense. 8. This Encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. reasonable t which may arise from the sole negligence or willful misconduct of the City. FEB-16-2005 WED 05:39 FM GEONYDKULU0IU UUNULTAN.1 .Hn NU, (14 'n U4 FOR THE CITY I , ATT 44. L CITY Name: •J//%�� Title: Nick Inz n - , ayor AGREED AND ACCEPTED: Dated: October 4, 2005 Person in Responsible Charge (Print Name) 24 hr. Phone Number Firm Name OWNER/APPLICANT Printed Name & Signature / • rimed Name t Sign:re S 2-SpCA- Ie COD Mailing Address Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2111 PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED APPROVED AS TO FORM George H. Eiser, III City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,,y7 "_ w< q< ss-.L*s0'+w4" @' q<+a.< w a��4^4^* *$^A.4�z3^sA^ C^ a a ss a. 'sl s "9i State of California County of I¢' i SS¢ Signer's Name: 1 Signer Is Representing: des On rI 1 2 )i Zee me, A 4 Date personally appeared NANCY SOLORZANO Commission * 13111400 I Notary Public - CAW* Los Angeles County t MyConm. ExpliesAug10,ZOB Place Notary Seal Above SS. So/eY-.4146' Name d Title of Officer (e.g., "JaneDoe, Notary Public') Name(s) of Signer(s) ,,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(,d) whose name(%) is/ace subscribed to the within instrument and acknowledged to me that he/sHeI hiey executed the same in his/hcr/thcir authorized capacity( €4, and that by his/hgr./tbei.r signature') on the instrument the person(,sj, or the entity upon behalf of which the person(01 acted, executed the instrument. ITNES my hand and • ` cial eal. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i•,�i5 re of Notary Public 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 ❑ Individual Li Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator Li Other: 47, RIGHT THUMBPRINT OF SIGNER Top of thumb here Y"' dl'e9+wi'a >,-d7n2r eT6'r�y�r>'6'"r>6`e�h'rri`�^6'e : ei{':rrar6"�6'�d"�d'��`A:�_.' er, ar-- "WA • 01999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotaryorg Prod. No. 5907 Reorder Call Toll -Free 1-800-876-6827 Ground Surface i .: :. 33t 3$ $ go too ..o.s. pi - Flush Surface Well Cover Locking Slip Cap /— Steel Extension Skirt Well Casing 2 MAa; SGN tALE Zits Ave_ Bentonite Pellet or Chip Seal Sand Filter Pack d2.//,2. /Y%ArikA4y 54411, Well Screen 2/AGU GittDPLF /'p /jL D•/D /.UW . z.ze " Threaded PVC Silt Trap and Bottom Cap Bottom of Boring Te/og" MW:)-8,? /a Typical Monitoring Well Design /6 . /L1 .f SLI'Z . M 7i'i 1L Gay Project No. Examplet /257- LEGEND „.„ - GROUNDWATER MONITORING WELL - PROPOSED GROUNDWATER MONITORING WELL - PROPOSED SOIL VAPOR EXTRACTION WELL MW-9 MW-1 0 VCP SF_ WER PLAZA BOULEVARD ›- .::,,,,,,,,,,,,,,,,,,,,,•.••-• • , __ . : ,-......__, .. ,...___.,..,,,,, , , P1 Ki CEP i . \ _ „..... „ .... . , MW-8 •K, t 1.),ISPEN SERI X IIIMIATE SCALE DR FEED' 40' SOP EOHYDROLO&IC CONSULTANTS, INC. 3151 Airway Avenue, Bldg. H1 Costa Mesa, CA 92626 www.geohydrologic.com \ EXHIBIT PLAT SHOWING SITE OF INSTALLATION THRIFTY SERVICE STATION #105 1605 PI,•ILE Scaoleva[rd NatIonall CIV, CA THE HARTFORD ENDORSEMENT Attached to and forming part of Bond # BSBDB 1939 effective April 19, 2005 on behalf of Thrifty Oil Company of Santa Fe Springs, California in favor of City of National City and in the amount of Two Thousand And No/100 Dollars. It is understood and agreed that effective April 19, 2005 the bond number from BSBDB 1939 to 72BSBDB 1939 All other conditions and terms remain as originally written. Signed, Sealed, and Dated May 11, 2005 shall be changed By: Hartford Fire Insurance Company Cesar F. Javier, Attorney -In -Fact The above endorsement is hereby agreed to and acce, By: Form GENCNG (Rev. 02/04/03) THE HARTFORD Hartford Hartford Fire Insurance Company ® -Hartford Casualty Insurance Company ® Hartford Accident and Indemnity Company ❑ Hartford Underwriters Insurance Company HARTFORD PI 47A HARTFORD, CONNECTICUT 06115 Twin City Fire Insurance Company ❑ Hartford Insurance Company of Illinois ❑ Hartford Insurance Company of the Midwest ❑ Hartford Insurance Company of the Southeast ❑ KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company and Twin City Fire Insurance Company, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED: Jeffrey Strassner, Christina Turman, Cesar F. Javier, B. A. Matson, Mechelle Larkin of Los Angeles, CA their true and lawful Aftorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 0, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, this 19th day of September, 2000. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT COUNTY OF HARTFORD ss. On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. John P. Hyland, Assistant Vice President CERTIFICATE I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that correct copy of the Power of Attorney executed by said Companies, which is still in full force effective Signed and sealed at the City of Hartford. Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 the above and foregoing is a true and as. AY 1 1 2`"°_6 Colleen Mastroianni, Assistant Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of on MAY California Los Angeles personally appeared before me, Natalie K. Trofimoff, Notary Public Cesar F. Javier personally known to me - OR - NATALIE K. TROFIMOFF Commission # 1410124 Notary Public - California Los Angeles County My Comm. Expires Apr a. 2007 Notary Public Seal Li proved to me on the basis of satisfactory evidence 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. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: SIGNATURE OF NO CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: II II INDIVIDUAL Signer's Name II NDIVIDUAL CORPORATE OFFICER I ICORPORATE OFFICER Title(s) II Title(s) PARTNER(S)❑ LIMITED I I GENERAL I I PARTNER(S)I-I LIMITED N ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR 7 OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) II ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR II GENERAL [1 OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) d CITY OF NATIONAL CITY FAITHFUL PERFORMANCE BOND BOND NO. BSBDB 1939 KNOWN ALL MEN BY THESE PRESENTS: THAT Thrifty Oil Company of 11116 Tmppria1 Highway, Santa Fe Spriggs, CA 90670 as Principal, and Hartford Fire Insurance Company a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand And No/100 Dollars ($4000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the .foregoing obligations is such that, whereas the above - bounded Principal is to obtain a permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Installation of a Ground Monitoring Well NOW, THEREFORE, if the above -burden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 19th day of April APPROVED AS TO FORM: BY: o 7) GEORGE H. EISER, Ill CITY ATTORNEY Thrifty 0i1 Company (name of Prip ai) By: Title: 4 e.c_ (/- Hartford Fire Insurance Company pa 2005 , (Surety) By: / Attorney -in -Fact Cesar F. Javier (Attach Notary Acknowledgement for Attorney -in -Fact) Address to which notice to Surety should be sent: One Pointe Drive Brea, California 92822-2333 THE HARTFORD Hartford Fire Insurance Company ® Hartford Casualty Insurance Company ® Hartford Accident and Indemnity Company ❑ Hartford Underwriters Insurance Company HARTFORD PLAZA HARTFORD, CONNECTICUT 06115 Twin City Fire Insurance Company ❑ Hartford Insurance Company of Illinois ❑ Hartford Insurance Company of the Midwest ❑ Hartford Insurance Company of the Southeast ❑ KNOW ALL PERSONS BY THESE PRESENTS THAT the Hartford Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Underwriters Insurance Company, corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Hartford Casualty Insurance Company and Twin City Fire Insurance Company, corporations duly organized under the laws of the State of Indiana; and Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida; having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of UNLIMITED: Jeffrey Strassner, Christina Turman, Cesar F. Javier, B. A. Matson, Mechelle Larkin of Los Angeles, CA their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by O, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on September 12th, 2000, the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary, this 19th day of September, 2000. COUNTY OF HARTFORD On this 19th day of September, 2000, before me personally came John P. Hyland, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. Paul A. Bergenholtz, Assistant Secretary STATE OF CONNECTICUT } ss. Hartford John P. Hyland, Assistant Vice President CERTIFICATE Jean H. Wozniak Notary Public My Commission Expires June 30, 2004 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as APR 1 9 S Signed and sealed at the City of Hartford. APR Colleen Mastroianni, Assistant Vice President ' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On APR 1 ? before me, Natalie K. Trofimoff, Notary Public personally appeared Cesar F. Javier ® personally known to me - OR - NATALIE K. TROFIMOFF Commission # 1410124 tz Notary Public - California g Los Angeles County My Comm. Expires Apr 8, 2007 Notary Public Seal ❑ proved to me on the basis of satisfactory evidence 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. WITr.(E S my hand ad official se sko SIGNATURE OF N V OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ATTACHED DOCUMENT: TITLE OR TYPE OF DOCUMENT: DOCUMENT DATE: CAPACITY(IES) CLAIMED BY SIGNER(S) Signer's Name: INDIVIDUAL CORPORATE OFFICER Title(s) PARTNER(S)C LIMITED ❑ GENERAL X ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) Signer's Name (INDIVIDUAL CORPORATE OFFICER Title(s) ❑ PARTNER(S)I I LIMITED n GENERAL n ATTORNEY -IN -FACT ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR • OTHER: Signer is representing: NAME OF PERSON(S) OR ENTITY(IES) • AUG-3'1-2DD5 TUE 12:32 71 aeo.'`ydro.l.og c Consu'. ant FAX NO, 714 598 5701 P, 02/03 )« Ri% (.,ERTIFI :AI'E OF LIABILITY INSURAN CE page 1 of 208/29/2005 PRODUCER 877-94S-7378 Nil 3.ie North Arna:rica, MO - Regional cart_ Center 26 Century Blvd. F. O. Box', 305191 Nashville, TN T12365191 THIS CERTIFICATE IS ISSUED AS A MATTER ONLY AND CONFERS NO RIGHTS UPON THE OF INFORMATION CERTIFICATE EXTEND OR POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND, ALTER THE COVERAGE AFFORDED BY THE INSURERS AFFORDING COVERAGE NAIC# INSURED EEt.h Managesent Company 1:3:L].6 Imperial SL.ghwrey Santa Fe Spring, CA 90670 J_ INSURER A: Travelers Property Casualty Company of Am 25674-006 INSURER B: DISURERC: INSURER D. INSURER E vTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THIS POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVIE BEEN REDUCED BY PAS) CLAIMS. ILT�D. TV TYPE OF INSURANCE � POLICY RIMIER MAY EFFECTNE DATE _C'Dku EX IUL]IDN DATEIM�fYYI LINKS A GENERAL y.]COMM SERAAGEREOAIt X LIABILITY GENERAL LIABILITY CLAIMS MADE EX-1 OCCUR L'6601531)9901TIL05 5/30/2005 5/30/20166 EACHOCCURRENCE $ 1,000.000 $ 300, 000 TORETED !REMISES Fe ocs re PRENUSERCIAL MED EXP (Arnf...Per...) $ - PERSONAL aADVINJURY S 1,000,000 $ 2, 000, 000 GENERAL AGGREGATE LIMIT APPLIESPERe I POLICY IR1 LOC PRODUCTS •COMPVOPAGG $ 2 000.000 -ANY _-- _-_--_ TOMO141LE LIABILITY AUTO AL: I:MAEDAuTOS SCHEDULED AUIO5 HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident BODILY INJURY CPe,PersanI $ BODILY INJURY (Par accident) $ PROPERTY DAMAGE (Per accident $ LUIRAGE .� LIABUTY ANY ALTO L_ AUTO ONLY- EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGO $ ES'CEBS ___- ---- --- • LIABILITY r__7 1 OCCUR CLAIMS MADE - DEDJCTIBLE RETENTION S EACH OCCURRENCE $ AGGREGATE _ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETIDRIPARTNER/EXECUTIVE OFFICE EVMEME€R EXCLUDED? If yyea, Omote under - SPECIMPROVISIONSbelow We 7�r ,7gRSLAAT I EIF EL. EACH ACCIDENT S P.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT 1$ OTHER DESCRIPTION OF OPERATIONINLOCATICN7SVEHICLESAEXCLURRONSADE IED BY ENDDRSEMENTRPECIALPROYISWNS CERTIFICATE HOLDER City/ Engineer City of National City 1243 National City Blvd. National City, CA 91950 CANCELLATION SHOULD ANY OF TIE ABOVE DESCRIBED POLICIES BE CANCELLED *SPORE THE EXPIRATION DATE THEREOF, THE ISSUING IIJSIMER. WILL EMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIRGATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DID SO SHALL IMPOSE NO OBUeATADN OR LUNNTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001108) Coll:1389470 Tp1:406019 Cer ©ACORD CORPORATION 1988 AUG-30-2005 TUE 12:33 PM GeoHydrologic Consultant FAX NC, 714 898 5701. F. 03/03 ilrage 2. of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the paliicy(ies) must be endorsieck6. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsementi,8). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the pollees listed thereon. ACORD25(200i/08) Co11:1389470 Tp1:406019 Cart:6118122 111 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 November 29, 2005 Gregory J. Smith Assessor / Recorder / County Clerk County of San Diego San Diego CA 92112-4147 Dear Mr. Smith: We are submitting the following documents in duplicate for recording: ENCROACHMENT AGREEMENT: With Thrifty Oil Company for the installation of three groundwater monitoring wells at 1606 Plaza Boulevard, East of Palm Avenue. Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. Michael R. Dalla City Clerk MRD/lw Enclosure File No. C2005-60 Recycled Paper PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 THIS SPACE FOR RECORDER'S USE ONLY ENCROACHMENT AGREEMENT: With Thrifty Oil Company for the installation of three groundwater monitoring wells at 1606 Plaza Boulevard, East of Palm Avenue. (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Resolution No. 2005-213 Gregory J. Smith COUNTY OF SAN DIEGO ASSESSOR/RECORDER/COUNTY CLERK ASSESSOR'S OFFICE 1600 PACIFIC HIGHWAY, RM. 103 SAN DIEGO, CA 92101-4056 Tel. (619) 236-3771 * Fax (619) 557-4056 www.sdarcc.com Correspondence Number: 107537720051206 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 Dear Sir/Madam: RECORDER/COUNTY CLERK'S OFFICE 1600 Pacific Highway, Room 260 P.O. Box 121750 * San Diego, CA 92112-1750 Tel. (619) 238-8158 * Fax (619) 557-4155 December 6, 2005 We are returning your ENCROACIIMENT PERMIT unrecorded for the following reason(s): The enclosed document includes a reference(s) to attached exhibits. However, the exhibit(s) is/are NOT attached to the document. Please attach the exhibit(s). Please submit an additional $3.00 for each added page. Also, state law requires the payment of another $3.00 PER page if the document contains ANY page which is not exactly 8 1/2" x 11". (Government Code 27361 et seq) The enclosed document was received with additional unstapled, unmarked pages. References to any attachments should be included in your document (i.e. "See Exhibit 'A' attached"). Please label unmarked pages accordingly and attach them to your document for recording. (Government Code 27203) Please have the signature(s) acknowledged by a notary public. (Government Code 27282, 27285, 27330) (The above item applies to the city) For recording purposes, state law establishes a standard page size of 8 1/2" x 11". Also according to state law, pages cannot exceed 8 1/2" x 14" in size. In addition to regular recording fees, state law requires the payment of another $3.00 PER page if the document contains ANY page which is not exactly 8 1/2 " x 11". (Government Code 27361) The current recording fees are as follows: $7.00 for the first page of each document. $3.00 for each additional page of each document. $7.00 for each additional title on same document. CHULA VISTA 590 Third Avenue Chula Vista, CA 91910-2646 (619) 498-2277 Branch Offices Available To Serve You EL CAJON 200 South Magnolia Ave. El Cajon, CA 92020-3316 (619) 401-5750 KF'.ARNY MESA 9225 Clairemont Mesa Blvd. San Diego, CA 92123-1211 (858) 505-6226 SAN MARCOS 334 Via Vera Cruz, Suite 150 San Marcos, CA 92078-2638 (760) 940-6858 Correspondence Number: .l07537720051206 Page: 2 Also, state law requires the payment of an additional $3.00 PER page if the document contains ANY page which is not exactly 8 1/2" x 11 ". (Government Code 27361 et seq) No fee was enclosed with the document(s) submitted for recording. Please submit the correct recording fee. (Government Code 27201, 27361 et seq) For your convenience, recording fees, commonly used document forms and document requirement information is available on our website which is shown above. Thank you for your cooperation in resolving this matter. Please return this correspondence with your document(s). If you have any questions, please call our Customer Service Desk at (760) 940-6866. Enclosure(s) Very truly yours, 7 wawa/co( Deputy Recorder MKENN[ r,,. City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 December 23, 2005 TO: George Eiser FROM: Michael Dalla SUBJECT: Encroachment Permit — Thrifty Oil The attached original documents were returned by the county unrecorded do to some irregularities. The specific items requiring attention are: • There is a reference in the permit to "Exhibit A' but no such exhibit is identified. • There is a diagram included but not referenced as an exhibit. • `Exhibit B' is larger than acceptable for recording and may be to light to be successfully recorded. Could you work with Engineering to put the document in a condition suitable for recording and have it returned to me? I will properly `acknowledge' the Mayor's signature prior to processing the documents for recording. TO: City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 Assistant Civil Engineer Adam Landa DATE: February 6, 2006 FROM: City Attorney SUBJECT: Encroachment Permit for Thrifty Oil I received a memorandum from the City Clerk's Office which addressed an encroachment permit issued to Thrifty Oil Company which the County Recorder refused to record due to various clerical insufficiencies. A copy of the City Clerk's memorandum and the original encroachment permit are attached. Please review this matter with me. GEORGE H. EISER, Ill City Attorney GHE/gmo Attachment eRecycled Paper City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 (619) 336-4226 February 26, 2006 Gregory J. Smith Assessor / Recorder / County Clerk County of San Diego Post Office Box 1750 San Diego CA 92112-4147 Dear Mr. Smith: We are submitting the following documents in duplicate for recording: RESOLUTION: Approving an Encroachment Agreement with Thrifty Oil Company for the installation of three groundwater monitoring wells at 1606 Plaza Boulevard, east of Palm Avenue. Please note the recording information on the duplicate copy provided, and return it to the Office of the City Clerk. Sincerely, Michael R. Dla City Clerk Enclosure File No. C2005-60 Recycled Paper PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 THIS SPACE FOR RECORDER'S USE ONLY RESOLUTION: Approving an Encroachment Agreement with Thrifty Oil Company for the installation of three groundwater monitoring wells at 1606 Plaza Boulevard, East of Palm Avenue. (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Resolution No. 2005-213 t'hh-lb-"Znb Wt.!) UJL Jtl t I'I U,C'J`TllKULUtr1G UUI11bUS L111u : tin (14 yoo ocGc r, uc FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Thrifty Oil Co. (hereinafter referred to as "OWNER") in. accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. The OWNER is the owner of that certain real property described in the attached Exhibit "A.", or is an owner of personal property that is proposed to be installed in the public right of way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "'CITY") to install and maintain certain personal property or a building, facility or other structure (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' OWNER'S property and adjacent lands,, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER. at the owner's sole expense. 2. 'T'h:e said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and any successor in interest:, who shall hold CITY harmless with respect thereto. 3. This permit and agreement, when made for the direct benefit of Owner's land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail 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 Owner's sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against an.y real property of the owner's that is hereby benefited by the encroachment. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, h111:-1t-n'Ub WtJ Uh:Uy I`I LitUNYUKUL'JJ1L IJUNJULIHNI LA IYu pee r. u installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary, in order to install or maintain the encroachment. 5. OWNER shall indemnify, defend., and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, reasonable demands, suits, and defense costs, including attorneys fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance and use of the owner's encroachment, except that which may arise from 6. OWNER and each successor in interest or assign shall take out and the sole maintain, during the time the encroachment remains on City's easement or negligence or willful right-of-way, comprehensive general liability insurance with minimum misconduct limits of One Million Dollars ($1,000,000.00) combined single limit per of the City. occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional. insured, 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 policy shall provide for thirty (30) days prier written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so„ City may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. 7. The full terms and conditions under which this encroachment permit is issued are further set: forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and. agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. b. The city can 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 owner's expense. 8. This Encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. FEB-16-20C5 WED 05:39 PM GEU7IYX11,'JG'.i.: UUNSl' . AN n NU, .1.4 ebb �GGG r, FOR THE CITY g AI L CITY Name: Title: _Nick Inz .a:, $+ayor AGREED AND ACCEPTED: Dated: October 4, 20'0.5� Person in Responsible Charge (Print Name) 24 h1 Phone Number Firm Name OWNER/APPLICANT 1�_AOr ✓ D./ 4 Printed Name & Signature ?flitted Name Sign''7re CIO(0 I-77rvi ptA44F y- S /$1(4-,r Sp,/ erst CA- So (-?z Mailing Address 'Le (- SC8 Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha .l 11 PLAT SHOWING LOCATION OF ]BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND ' SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED APPROVED AS TO FORM 4r George H. Eiser, III City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Le9,5, 1464,e es On A ;(2IZo� Ala �%l�before me, / Date Name d Title of Offi er(e. CZ- g.. "Jane oe, Notary Public") V Name(s) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence personally appeared NANCY SOLORZANO Commission # 13164110 I Notary Public - Call brnia Loa Angeles Count/ f My Corm. E ThesAu010.3005 Place Notary Seal Above to be the personJ,dj whose named) is/are subscribed to the within instrument and acknowledged to me that he/eke!#hey executed the same in his/hor/their authorized capacity(.iee), and that by his/her,itLieir signature') on the instrument the person($'J, or the entity upon behalf of which the person(,% acted, executed the instrument. ITNES my hand and •'cial seal. OPTIONAL e of Notary 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact LI Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: 1999 National Notary Association • 9350 De Soto Ave., P O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnoleryorg Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 ACKNOWLEDGMENT State of California County of SA IJ A i kiro On Oe1-00 . y 2ooS before me, personally appeared NICK NATIOWL £ /t? M / cNA,E L MALa , C l7 f GLa (here insert name and title of the officer) IIJZvn1ZA� MAYt.A AP 7'iig COOP c'F personally known to me (or proved to me on the basis of satisfactory evidence) to be the personV whose name%) is/aye subscribed to the within instrument and acknowledged to me that he/§Ke/ttley executed the same in his/her/their authorized capacity(ir ), and that by his/her/t1Air signature(s') on the instrument the person(,, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature MetroScan /San Diego (CA) Owner CoOwner Site Mail Xfered Price Loan Amt VestType Lender Land Use Bldg Use Zoning Plat MapNumb Legal Census : Orkin Inc : 1606 E Plaza Blvd National City 91950 : 13116 Imperial Hwy Santa Fe Springs Ca 90670 : 11/08/1972 Doc # Deed Loan IntTy :297183 : 627 Com,Service Station : *unknown Building Use* : 6 Commercial : RANCHO DE LA NACION MORRILL MAP : 000166 : RANCHO DE LA NACION MORRILL MAP : Tract : 120.01 Block : 1 Parcel Land Struct Other Total Exempt Type % Impry % Owned TaxArea MapGrid 05-06 Tx Phone Owner Tenant : 557 410 15 00 : $175,330 : $68,848 : $244,178 :28 : 06045 : 1310 Al : $3,014.06 Bedrooms . Bathrooms : Pool View . Garage Sp . Units Acres LotSqFt Stories :.66 : 28,750 Bldg SqFt . Year Built . EXHIBIT A LEGEND \ = FIBER OPTIC LINE INSTALLED =_°772 MW-9 • 3 o J� Oi z0 � \_/ Q` NORM 0 - GROUNDWATER MOMMEN° WELL -¢-- - PROPOSED GROUNDWATER MONITORING WELL _+ - PROPOSED SOR VAPOR EXTRACTION WELL 8" AC WATER MAIN PLAZA BOULEVARD �J- 10" VCP SEWER HP GAS MAIN \ MW-io kC- 250' 8" VCA' MW_g L 4� n -I e tJ` :L S',- k' O1` I ❑ I E) ,*, O�.ti k ,� k to" SEw 1— ER o ILs.i Q ,��a ' ABANDONED -- Z, �v? j 1 _ _ — — 1$'1 _ X _2,�_ �' N r--- I EXISTING UST APPROXIMATE SOALE IN FEET 0' S0` SO' 6EO14YDROLGGIC CONSULTANTS, INC. 3151 Airway Avenge, Bldg. H1 Costa Mesa CA 92626 www.geahydralagia.com EXHIBIT O PLAT SHORBNO ME OF INSTALLATION TPI"' FTY SERVICE STATION #105 1 5 Plaza Boulevard Meal CRy, CA Ground Surface 33 I (00 :^h rr Flush Surface Well Cover Locking Slip Cap Steel Extension Skirt zz— epelese-e-15 13F4YrboKE Gizo,Yr - Well Casing 2 t/:Lfi S . EDtALE 4110 A/L g�t•4•uK-. Bentonite Pellet or Chip Seal Sand Filter Pack dZ//2. itIoAl7/t ' 4.{/a Well Screen 2/n4N cftrplf'LE 7D /I/6, O. /0 f.t.m SLR Threaded PVC Silt Trap and Bottom Cap Bottom of Boring Toy /oS MW6-8, ?, /b Typical Monitoring Well Design /(av RAEA. $LtrD./ MOW/AL Gny Project No. Example Cie /25 AUG-30-2005 TUE '.2:32 PM Geo-lyeroiogic vonsu'an4 FAX NO 714 898 5701. P. 2/23 DATE ACORD. CERTIFICATE OF LIABILITY INSURANCE Page 1 of z 08/29/2005 PRODUCER 677-945-7376 THIS CERTIFICATE IS ISSUED MATOF TER ION ONLY AND CNFRSORIGHTSPONTHE CERTIFICATE Willie North America, Ina. - Regional cert Center HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 26 Century Blvd.. P. O. Box 305191 Nashville, TN 3/2105191 INSURERS AFFORDING COVERAGE NAICIY INSURED Barth Management CE.paay 13116 Imperial Highway Santa Fe Spring, CA 90670 INSURER A. `CraveY[re Pro_ esty Caeualty Company of list 5674-001' INSURER B: WSURER C: INSURE RD: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUFD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWLTHSTAAIDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OF: MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN lS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIES- AGGREGATE LIMITS - 1T�EMA IMO/YY�N,.. LIMITS I IVp� L 61TBn� TYPEOFINSURANCE POLICY NUMBER QATEIMWDBIYYS LTYAIL A GENERAL Y660153D9901TIL05 '5/30/2005 5/30/2006 _EiAVAGEICRENTED CE _1R 7+11SEESIEe nccu/eecel I $ 1,000.�3_. $ 300,001 g I COMMERCIAL GENERAL LIABILITP !!! --I MED EXP (Anyee-peraor $ CLAIMS MADE C. $[OCCUR PGRSONAIL6ARV INJURY $ l, 00,0, OOO�__. --+ - _ — _. _ c3ENERALAGGREGATE S 2, 000, DOS_ -.. G'�N'L - -- AGGREGATE LIMB APPLIES PER: l LOC PRODUCTS.COMP/OPAGG $ 2, GOD, 000 X AUTOMOBILELIABNTY __ POLICY JECCT CDMBWEDSINGLE LIMIT IEa accident) A ANY AUTO __—_..__� BODILY INJURY lPer persu+l $ — S SCHEDULED AUTOS HIRED AUTOS _-_- -'-- EODILYRNUURY Per accldert) ( $ N NON -OWNED AUTOS -- --- P'ROPERIY DAMAGE (Per accidertl $ AUTO ONLY - EA ACCIDENT $ GARAGE LIABLITY FA ACC $ ANY AUTO (JTHER THAN AUTO ONLY: AGE $ EACH OCCURRENCE $ EXCESS LIABILITY AGGREGATE $ OCCUR L_] CLAIMS MADE _ -- DEDUCTIBLE.. $ I RETENTION CC�S-TT 771�..II 1- ORYLIMItJ�jOER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY EA_EACHACCIDENT ANY TIC 1EL. DISEASE - EA EMPLOYEE $ OFFICER/MENSERR EXCLUDED9� Myyee, desaebe antler EL_ DISEASE- POLICY LIMIT $ SPECIAL PROVISIONS EE[EE OTHER -- DESCRIPTION OP OPERAl1ONSA-OCATIONENENICLEMEXCLUSKINS ADDED BY ENDORSEMENT/SPECIALPROVISIONS CANCELLATION CERTIFICATE HOLDER City Engineer SHOULD ANY OPINE ABOVE DESCRIBIED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER. WILL MALL 330 DAYS WRITTEN NOTICE TO THE CERTIFICATE INOLOER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE ND OHL/CATION OR LIAISLL/TY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVE& City of National City 1243 National City Blvd. - National City, CA 91950 -- .. ®AGGRO CORPORATION 1988 ACORD 25 (2001 /080 Co11:1389470 Tp1:406019 Ceram. AUG-30-2005 TUE 12:33 PM. GeoHydrologic Consultant FAX N. 714 898 5701. P. 23/C3 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED. subject to the terms and conditions, of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate l oldler, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the poi cies listed thereon. ACORD25(2001108) Co1121389470 Tp1:406019 Cart:6118122 PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY.i>LERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: �' f CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 I IIIIIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illil IIIII IIIII IIII IIII MAR 06, 2006 11:02 AM OFFICIAL RECORDS 'BAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,1. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 11 1110111111111111101110111111111111110111011101111101111 3979 RESOLUTION: Approving an Encroachment Agreement with Thrifty Oil Company for the installation of three groundwater monitoring wells at 1606 Plaza Boulevard, East of Palm Avenue. (Please fill in document title(s) on this ►ine) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) Resolution No. 2005-213 RESOLUTION NO. 2005 — 213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THRIFTY OIL COMPANY FOR THE INSTALLATION OF THREE GROUNDWATER MONITORING WELLS AT 1606 PLAZA BOULEVARD, EAST OF PALM AVENUE 3980 WHEREAS, Thrifty Oil Company, the owner of the property located at 1606 Plaza Boulevard, is seeking an encroachment agreement to install three groundwater monitoring wells within the public right-of-way on Plaza Boulevard, East of Palm Avenue, in order to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the applicant has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by Thrifty Oil Company, and directs the City Clerk to record the same. PASSED and ADOPTED this 4th day of October, 2005. ATTEST: Mic el R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on October 04, 2005, by the following vote, to -wit: Ayes: Councilmembers, Morrison, Parra, Natividad, Zarate. Nays: None, Absent: Inzunza Abstain: None. AUTHENTICATED BY: NICK INZUNZA 3981 Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-213 of the City of National City, California, passed and adopted by the Council of said City on October 4, 2005. City CI of the City of National City, California By: Deputy Wtj UUt", Y'J ULU`a' U ',;UNb'UL ! NIV.1 r -A NU. (14 nO OCCC FEE: $320.00 ENCROACHMENT PERMTT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Thrifty Oil Co. (hereinafter referred to as "OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. The OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right of way or other public property of the City of National City, County of San Diego, State of California. The OWNER;, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility or other structure (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 OWNER'S property and adjacent lands, now covenants and agrees as follows: 3982 The site of installation and any description of OWNER'S encroachment is described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This permit and agreement, when made for the direct benefit of Owner's land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail 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 Owner's sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, - —'�.;.,b 'ti.,L 1„2b : UVNb,,..; a}.: n :vt„ ( z u yoo c«c installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary, in order to install or maintain the encroachment. 5. OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, reasonable demands, suits, and defense costs, includingtattorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance and use of the owner's encroachment, except that which may arise from 6. OWNER. and each successor in interest or assign shall take out and the sole maintain, during the time the encroachment remains on City's easement or negligence right-of-way, comprehensive general liability insurance with minimum or willful limits of One Million Dollars ($1,000,000.00) combined single limit per misconductof the City. occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, 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 policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. 7. The full terms and conditions under which this encroachment permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. b. The city can 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 owner's expense. 8. This Encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. 3983 FEB-16-2005 WED 05:39 PM UEOHYDKOLUGIU l UN. 'ULTHN Y NU, 114 ebb bGGG 9 FOR THE CITY; AT L CITY Name: Title: Nick Inz— 'ayor AGREED AND ACCEPTED: Dated: October 4, 2005 Person in Responsible Charge (Print Name) 24 hr. Phone Number Firm Name OWNER/APPLICANT 7M'i' A/4) Printed Name & Signature rinted Name . Sign re 1111 tt, ptit4e4 AW6. R.SeMas1c�- Mailing Address SZe-3S-8( Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2111 PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT'B" ATTACHED APPROVED AS TO FORM George H. Eiser, III City Attorney 3984 • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 3985 State of California County of L ! S / i4oeJe,' On Ap1"I 1i Z0efore me, Date ��/a-.{) /ry �J'/f /vr Y l personally appeared NANCY SOL Commission # 1316 410 1 Notary Public - Cap1br111# Los Angeles County t My Comm. ExphesAug 10,2005 Place Notary Se !Above Though the informatio and could Description of A Title or Type of D Document Dat Signer(s) Ot ss. Soler-.4 l) Name cl Title of Offger (e.g., "Janepoe, Notary Public") dL/Y T \�P✓ Name(s) of Signer(s) - personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person) whose name) is/are subscribed to the within instrument and acknowledged to me that he/oho/they executed the same in his/her/their authorized capacityt4es4, and that by his/ber1their signature$,e`) on the instrument the person(,91, or the entity upon behalf of which the personcej acted, executed the instrument. ITNES, my hand and • ` col seal. OPTIONAL below is not required by law, it may prove valuable to persons relying on the document prevent fraudulent removal and reattachment of this form to another document. e of Notary Public tached Document cument: Number of Pages: er Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General E. Attorney in Fact E Trustee Guardian or Conservator ❑ Other: Signer Is Representing: • arrrr6^v;-.ems-ry{•'®' ez�eT emmr-a+r-®•vd`®b`ab`-®re4`ed'ad`d*3`vzJd`eybC_e�d'e 3"eTf'aT6'erd`e d`v e-- RIGHT THUMBPRINT OF SIGNER Top of thumb here a 41 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalootary.org i9 as' ar are-SeG'a? Prod. No. 5907 Reorder Call Tall -Free 1-B00-876-6827 3986 ACKNOWLEDGMENT State of California County of SAS plea) On OeTof 3 la 5/ 2ooS before me, personally appeared NICK NA7ic AL £ )t M ( //ACE L DAL -LA , G l7 ! GLEP,: (here insert name and title of the officer) t JZviJtA� MAYWL or 7'Aig C/7f" of personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(y) whose name%) is/ate subscribed to the within instrument and acknowledged to me that he/1l'(e/tly executed the same in his/her/their authorized capacity(), and that by his/her/tTr signature(s) on the instrument the person(,a'), or the entity upon behalf of which the person(,.'] acted, executed the instrument. WITNESS my hand and official seal. Signature MetroScan /San Diego (CA) 3987 Oivner : Orkin Inc Parcel : 557 410 15 00 CoOwner Land : $175,330 Site : 1606 E Plaza Blvd National City 91950 Struct : $68,848 Mail : 13116 Imperial Hwy Santa Fe Springs Ca 90670 Other Xfered : 11/08/1972 Doc # : 297183 Total : $244,178 Price Deed Exempt Loan Amt Loan Type • Vest Type IntTy % Impry : 28 Lender % Owned Land Use : 627 Com,Service Station TaxArea : 06045 Bldg Use : *unknown Building Use* MapGrid : 1310 Al Zoning : 6 Commercial 05-06 Tx : $3,014.06 Plat : RANCHO DE LA NACION MORRILL MAP MapNumb :000166 Phone Legal : RANCHO DE LA NACION MORRILL MAP Owner Census : Tract : 120.01 Block : 1 Tenant Bedrooms Bathrooms Pool View• Garage Sp Units Acres :.66 LotSqFt : 28,750 Stories Bldg SqFt Year Built 14TH ST. PALM AVENUE EXHIBIT A 00 GO NORTH \ FIBER OPTIC LINE INSTALLED MW-9 — MW-10 Jj — 10" VCP SEWER iv --- 8' AC WATER MAIN - -' G PLAZA_ BOULEVARD r ,%4▪ \ JI rl O� r LEGEND ® - GROUNDWATER MONITORING HELL • r - PROPOSE!: GROUNDWATER MONITORING NELL --- - PROPOSED SOIL VAPOR EXTRACTION NELL ' 2' RP GAS MAIN, V 1'S 9 O ti \ src ,1 • SOS \ 5��\ ,0 tx; ABANDONtiD 10" SEWER 250' 8" VCP.'; MW-g L_J EXISTING UST APPRDXIMAl E soma IN PEST —411111111.1117Thimillita. &EOHYDROLOGXC CONSULTANTS. INC. 3151 Airway Avenge, Bldg. HI Costa Mesa CA $1626 www.geohydrologic.com WIT B PLAT SHOWING SITE OF INSTALLATION THRIFTY SERVICE STATION #105 1 PlazeDollen Na loeel CIIN. CA 11 Ground Surface 33 t (oD (o.SF7 • • • 3989 Flush Surface Well Cover Locking Slip Cap Steel Extension Skirt eenefe-E'TV a a Gepn-- Well Casing 2 0ka4 1-10 we_ $ttAx-- Bentonite Pellet or Chip Seal Sand Filter Pack d2//Z A/oaw 544.0 Well Screen 2,,Gu J4/1/O I'LV !gyp /vL Threaded PVC Silt Trap and Bottom Cap Bottom of Boring. TC /o5" MW -8, ? , /b Typical Monitoring Weil Design /6a' RAZA- 152-10/ /V4T/ON•9L Goy Project No. Example Cie /257-