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HomeMy WebLinkAbout2008 CON (Encroachment Agreement) Exxon Mobile Oil - Monitoring Wells Osborn StreetPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. j National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 ooca 2011-040e7e1 11111111111111114111111111111111111111111111111111111 AUG 09, 2011 12:33 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr... COUNTY RECORDER FEES: 43.00 PAGES: 10 1111111 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII THIS SPACE FOR RECORDER'S USE ONLY ENCROACHMENT AGREEMENT: WITH EXXON MOBIL OIL CORPORATION FOR THE INSTALLATION OF THREE ADDITIONAL GROUNDWATER MONITORING WELLS ADJACENT TO 10 OSBORN STREET ON DIVISION STREET BETWEEN ROOSEVELT AVENUE AND OSBORN STREET AND NATIONAL CITY BLVD. (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION FEE: $490.00 MONITORING WELL ENCROACHMENT AGREEMENT 8019 The City Of National City hereby grants an Encroachment Permit to the undersigned, _Exxon Mobil Corporation _ (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. 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 B, 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 above described, 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. 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. 802c 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. 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 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 8021 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 commencement 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 clause. 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. 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 on , if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. Osborn Street, Main Street, National City Blvd., Roosevelt Ave., or alleys. 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. 8022 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 of CITY for a construction permit, prior to the installation of the well on and for subsequent adjustments. Osborn Street, Main Street, National City Blvd., Roosevelt Ave.. or alleys. 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's 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. PERMITTEE shall, at least 48 hours prior to start of construction, 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 to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 802 3 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 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. PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Dated: Person in Responsible Charge (Print Name) (s30) -s-59'1, 4 hr. Phone Number A IL- Associck.) \r1�, Firm Name PERMITTEE/APPLICANT L„_., aka Printed NAo.6&`1 ig 7C)( &lan ExxonMob1 I E nvico mehk-cl 5eivkce� P co' ect Mana3er '3SS ft+jgn%ic. j Ve Sup 33e) tonci bearh� CA 90$67- Mailing Address OiC640-1— ?)S S Phone Number Attach notary certification for the name shown above. Acknowledgement Notary only. Use California All Purpose 8024 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ,/� County of C_ cS r ` '\ On f-TOy" Zd/l before me, Date } �=,, (eC t c, i'-(• f-{,o-rnccra%2 7�G"!G�-0/ f �l% /tc Here Insert Name and Trite ofthe Officer personally appeared re,(tCt<1 CTe rrI Name(s),pf Signer(s), FELECIA M. HERNANDEZ Commission # 1898579 Notary Public - California z Los Angeles County s My Comm. Expires Aug 6, 2014 r Place Notary Seal Above Si who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/ate subscribed to the within instrument and acknowledged to me that be/she/they executed the same in hie/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(' 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. WITNESShr: • •official seal. •,II111 `/ ignature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document - Gt Title or Type of Document: M F®r1 yt9 �t/>°, f f K c,rac+c l7 `u y- l( Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Sigrjer(s) Signer's Nam Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: t` -11Se RIGHTTHUMBPRINT OF SIGNER Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer—Title(s): ❑ Partner — El Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007 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 8025 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? _2 to 3 days 2) What is the time required to install each well? 2 to 3 days_ 3) How long will the wells remain in the street? 3 to 30 years 4) How long will the abandonment of the wells be? (time frame)_2 to 3 days 5) How often will the wells be monitored and sampled? monthly 6) How long will it take to purge and sample each well? one day 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? Current environmental consultant for Exxon Mobil Corporation at time of well destruction 8) Who will be responsible for top of well head adjustments? Current environmental consultant for Exxon Mobil Corporation_ EMW-17 FORMER UNION 76 STATION (used car sales lot) 13 National City Blvd., National City, CA APM #555-020-01-00 PALM READER 10 National City Blvd, National City, CA APN# 555-020-21-00 Approximate Scale i , Feet LEGEND EMW-1 $ FORMER MORII GROUNDWATER MONITORING WELL SMW-1 SHELL STATION GROUNDWATER MONITORING WELL LMW-1 ® ONE -TEN LIOLOR GROUNDWATER MONITORING WELL SGP-1 6 SOIL GAS PROBE LOCATION (Former Mobil Station) B-1/SB-1 • SOIL BORING LOCATION (Former Mobil Station) SVP-4 • SOIL VAPOR PROBE (Shell Station; PROPOSED GROUNDWATER MONITORING WELL LOCATION ▪ NEWLY PROPOSED GROUNDWATER MONITORING WELL LOCATION (2011) © PROPOSED SOIL BORING LOCATION • PROPOSED SO/. PROBE LOCATION SHELL STATION 3890 Division Street, San Diego, CA APN# 550-760-13-00 EMW2 �n.... I -LOWER SHOP 40 National City Blvd, National City, CA APN# 555-020-27-00 SITE PLAN WITH PROPOSED WELL LOCATIONS SHELL AND FORMER MOBIL SERVICE STATION 18FF9 3890 DIVISION STREET AND 10 OSBORN STREET SAN DIEGO CITY AND NATIONAL CITY, CALIFORNIA FORMER MOBIL STATION Active Valero Station) 10 Osborne Street, National City, CA APN# 555-020-29-00 -''- EMW-3• 4 Oa' L$EMW-2 �}yf' EMW-i99,EMW-2o \ EMW-5 EMW-1, • LMW-17 • LMW-15 PROJECT NUMBER: 79.75286.CA09 DATE: 8/9l11 APPROVED BY: ERT DRAWN RY: AN n'i o�✓fAf'�..0 EXHIBIT A �c 3261 South Higuera Street, Suite 200 tEe ��,I! San Luis Obispo, California 93401 Ph: (805) 543-7007 •""` Fax: (805) 543-7027 DEPTH BELOW GROUND SURFACE 10 13 15 - 20 30 NOT TO SCALE 2 FOOT PERIMETER SEAL 104NCH BOREHOLE -� GROUND SURFACE DEPTH BELOW GROUND SURFACE :FEET) CONCRETE SEAL, t FOOT TRAFFIC RATED, WATER-RESISTANT VAULT. I24NCH. DIAMETER INCH LOCKING EXPANSION PLUG BENTONITE GROUT, 3 FEET 4INGH PVC. BLANK CASING, 15 FEET - BENTONITE PELLET SEAL 3 FEET 4-INCH PVC. 00204NCI1 SLOT SCREEN. -5 FEET DEPTH TO GROUNDWATER 20 APPROXIMATELY 20 PELT 19V9I FILTER SAND. N0,3, 17 FEE 4-INCH PVC END PLUG TOTAL DEPTH, 30 35 TA- 2FOOT PERIMETER SEAL NOT TO SCALE GROUND SURFACE CONCRETE SEAL. 1 FOOT TRAPFIC RATED, WATER-RESISTANT VAULT. 12411CH. DIAMETER FINCH LOCKING EXPANSION PLUG BENTONITE GROUT 15 FEET 4.1NCH PVC, BLANK CASING 20 FEET BENTONITE PELLET SEAL.3 FEET TENON PVC. 0020JNCH SLOT SCREEN, 15 FEET DEPTH BELOW GROUND SURFACE 1FEETj IB DEPTH TO GROUNDWATER 20 APPROXIMATED 20 FEET NM) FIL I ER SAND, NC. 3 . 17 FEET FINCH PVC END PLUG TOTAL DEPTH. 35 FEET BOREHOLE 40 -51- 2 FOOT PERIMETER SEAL NOT TO SCALE 90RFHOLE GROUND SURFACE CONCRETE SEAL,1 FOOT TRAFFIC RATED, WATER.RESISTANT VAULT. 12-INCH. DIAMETER 6INCH LOCKING EXPANSION] PLUG BENTONITE GROUT, 15 FEET 4-INCH PVC, STANK CASING, 20 FEET BENTONITE PELLET SEAL, 3 FEET d-INCH PVC 002G1NCH SLOT SCREEN, 20 FILET DEPTH TO GROUNDWATER APPROXIMATELY 20 FEET 19I08) FILTER SAND. NO.3, 22 FEET FINCH PVC END PLUG TOTAL DEPTH 40 FEET PROPOSED MONITORING WELL CONSTRUCTION DETAILS SHELL SERVICE STATION AND FORMER MOBIL SERVICE STATION 18FF9 3890 DIVISION STREET AND 10 OSBORN STREET SAN DIEGO CITY AND NATIONAL CITY, CALIFORNIA PROJECT NUMBER: T9752ffi CAL9 CATS: M10111 EXHIBIT APPROVED BY: ERT DRAWNBT: OHR B T3261 South Higuera Street, Suite 200 v San Luis Obispo, California 93401 Ph: (805) 543-7007 "'" Fax: (805) 543-7027 RESOLUTION NO. 2008 — 234 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH EXXON MOBIL OIL CORPORATION FOR THE INSTALLATION OF THREE ADDITIONAL GROUNDWATER MONITORING WELLS ADJACENT TO 10 OSBORN STREET ON DIVISION STREET BETWEEN ROOSEVELT AVENUE AND OSBORN STREET AND NATIONAL CITY BOULEVARD WHEREAS, Exxon Mobil Oil Corporation, the owner of Mobil Station No. 18-FF9 located at 10 Osbom Street, is seeking an encroachment agreement to install three additional groundwater monitoring wells within the public right-of-way on Division Street, Roosevelt Avenue, and in the alley between Division Street and National City Boulevard, 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 Exxon Mobil Corporation, and directs the City Clerk to record the same. PASSED and ADOPTED this 18th day of Novem 2008. on Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 18, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California A City C erk of the City of N tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-234 of the City of National City, California, passed and adopted by the Council of said City on November 18, 2008. City Clerk of the City of National City, Calilomia By: Deputy City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE November 18, 2008 AGENDA ITEM NO. 9 ITEM TITLE A Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with Exxon Mobil Oil Corporation for the installation of three additional groundwater monitoring wells adjacent to 10 Osborn Street in Division Street between Roosevelt Avenue and Osborn Street, in Roosevelt Avenue south of Division Street and in the Alley between Division Street and National City Boulevard PREPARED BY Charles Nissley DEPARTMENT Engineering EXT. 4396 EXPLANATION See attached Explanation. Environmental Review N/A MIS Approval Financial Statement Approved By: Finance Director There is no financial impact to the City of National City Account No. STAFF RECOMMENDATION Adopt the Resolu BOARD / COMMISS _ RECOMMENDATION N/A IATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Encroachment Agreement res A-200 (Rev. 7/03) Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with Exxon Mobil Oil Corporation for the installation of three additional groundwater monitoring wells adjacent to 10 Osborn Street in Division Street between Roosevelt Avenue and Osborn Street, in Roosevelt Avenue south of Division Street and in the Alley between Division Street and National City Boulevard EXPLANATION: Exxon Mobil Corporation the owner of Mobil Station No. 18-FF9 located at 10 Osborn Street is seeking an encroachment agreement to install three additional groundwater monitoring wells within the public right of way on Division Street, Roosevelt Avenue, and in the alley between Division Street and National City Boulevard in order to monitor the potential presence of total petroleum recoverable hydrocarbons [(TPHg), Benzene, Toluene, Ethyl benzene, and Xylenes (BTEX) and Methyl -Teri- Butyl Ether (MTBE) impacted soil and groundwater). The installation and well monitoring shall be performed by ETIC Engineering 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 4" diameter PVC casing with an 10" sand and bentonite grouted boring with a total well depth of 35 feet, completed with a traffic rated vault and locking casing cap. 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. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH EXXON MOBIL OIL CORPORATION FOR THE INSTALLATION OF THREE ADDITIONAL GROUNDWATER MONITORING WELLS ADJACENT TO 10 OSBORN STREET ON DIVISION STREET BETWEEN ROOSEVELT AVENUE AND OSBORN STREET AND NATIONAL CITY BOULEVARD WHEREAS, Exxon Mobil Oil Corporation, the owner of Mobil Station No. 18-FF9 located at 10 Osborn Street, is seeking an encroachment agreement to install three additional groundwater monitoring wells within the public right-of-way on Division Street, Roosevelt Avenue, and in the alley between Division Street and National City Boulevard, 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 Exxon Mobil Corporation, and directs the City Clerk to record the same. PASSED and ADOPTED this 18th day of November, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FEE: $320.00 MONITORING WELL ENCROACHMENT AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, ExxonMobil Oil Corporation (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. 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 PERM1TTEE'S encroachment arc described in EXHIBIT B, 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 above described, 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. 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 PERM1TTEE'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 fumish 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. 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 CTfY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold hamrless 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 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 commencement 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 clause. 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. 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 on , if and when such adjustment will become necessary as a result of CITY' street resurfacing, or other construction operations. Division St., National City Blvd., and an alley 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 of CITY for a construction permit, prior to the installation of the well on and for subsequent adjustments. Division St., National City Blvd., and an alley 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's 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. PERMITTEE shall, at least 48 hours prior to start of construction, 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 PERMI 1 LEE, 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 to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 21. PLRMITTEE shall deposit a sum equal to S2,000.00 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 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. PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Dated: iitok Person,n Responsible Charge (Print Name) GopI cflhnJpR I-600 - r-118--IgcpsSlO1Nj films 24 hr Phone Number I-r(L f,06 A/NU Firm Name PERMITT EE/APPLICANT Mailing Address 7113- Phone Number Attach notary certification for the name shown Acknowledgement Notary only. IS:jha2 eneho above.. Use California All Purpose is true and correct. WITNESS my hand and official seal. CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Ca rat - County of r On 9' (1 9 tf c)OO75-- before me, T. cc,o - � �-� tom, Q ‘A d c ltv (here insert name and title of the officer) (.4,, Pac-AT personally appeared Cf.-Inca.IAvkQ,7 • I ct1.c,n_ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arc 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. 1 certify under PENALTY OF PERJURY under the Iav pftdq, Late of California that the foregoing paragraph • ). •*. ftY pG ••. 41', ? / 0 REG rf GA "s .18f 298402 n ; 4 _ s; .. COMMISSION ? Z i 1 l ? /28/ExPIS i 0 '%rh'41TH 0 ... aanurnows of Notary Public ADDITIONAL, OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain terblage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document, The only erceptian is if a document is to be recorded o.as/de of Californiain such instances. any alternative acknowledgment verbiage as may be pruned on such a document so long as the verbiage does not rendre the notary to do something that is illegal for a notary in California (1.e. certtfjeng the authorized capacity of the signer). Please check the document carefully forproper notarial wording and attach this form ifrequlred. • State and County Womutfon mull be the State and County whew the document signer(s) personally appeared before the notary public for acknowledgment. Oahe of notarization :nut be the data that the signers) personally eppeued which must also be the same date the ack,towledg,nem is conipMed • "are notary public anal print his or her name as it appears within his or her commission followed by a corium and then your title (notary public). • Print the nann(s) of docunrnd signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forme by crossing off incorrect forms (i.e. ltelshehlney, is lava ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording • The notary seal impression nest be clear and photographically reproducible. hnpnusion must not cover lent or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the orrice of the county clerk. • Additional information is not required but could help to ensure This acknowkdgntun it not misused or attached to a dilreran t document. ? Indicate title or type of attached document, number of pages and date. 4. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.o. CEO, CFO, Secretary). • Securely attach this document to au signed document DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached doeumcnt) -- - .(Title or doscriptioa of attached document ca tined) — Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY 111.E SIGNER O Individual (s) O Corporate Officer (Title) O Partner(s) LJ Attorney -in -Fact L1 Trustee(s) U Other__ _ i • smar 11 &Di Oa. • • : 3 I • • MM., ,••••MIIMM I I • . 1A4. 41.•-• " • la= MI : ----1"- r•P. A...H.,...A...;•; • • • 1rH( -.P..,.r. -N,;HH',:,,••• • '-(•! *..1..._' \•,i,,,•i•,-, • —•;2,,, , .....•s:••..ere. 1-.I ., . ,_,..t• -...,.'r. 1 7A.,,-, •..,I s .,•,4t1It ..„1-s• 7 i7 -- -4 ----7.1 ' -- : ..-:,-,_,-.--..-',--c., -• -- 77.: 7 1 ' omf .1. T : . • i.-- : . . 5C SCA.E IN 'EU 4.4 • •Cbasoe Vor,c, • Sc.I • e 5:cr• — • — onae.4 3.1 .11,g Se.1•• Coc., ,acs; SCS, il•g Sas .•• 5C9 I — S ScOlr; 5,<.•:••• 2..35 POS sq, Are, •, •-2 63, ETIC: ENCAVIRTC1 ; SITE PLAN SHOWING LP-R.171ES AND PROPOSED WELL LOCA-IONS FORMER MOBIL SERVICE STATION ILPF9 10 OSBORN STREET NATIONAL CITY. CALIFORNIA EXPOIFIIT: B HWY OP 11-57-2-SD ROOSEVELT INTERSTAT.. 5 S`^ r):M CVS••• • MSES,CRs solo eSCK S53 %as 01 t•S LaEsssu,..7 1,51,SES MW-1 7 • LS LS ;.1.271 , . SECOND ST a 0 e;)27 Mir FIRST ST. MP 34.8 - NATIONAL CITY PE-'1LEO .555- 02. CHANGES BLISIOLD NEWMICOT r? Exhibit 11 Proro5e..! Mor.loring Depth (ft) 0 5- 10- 15- 20- 25- 30- 35 Water —Tight Traffic box Bentonite Grout from 3.0 ft to 15.0 ftl— Bentonite Chips from 15.0 ft to 18.0 ft Locking Mechanism NOTE: reotwes Above Geode Not to Scale Concrete Cap 0.0 to 3.0 ft 14 in. LO. Schedule 40 PVC Riser Casing from original grade to 20.0 ft 1/3 Sand Filler Pack from 18.0 ft to 35.0 ft .1 4in. 1.0. 0.020 in. Slot, Schedule 40 PVC Screen from 20.0 ft to 35.0 ft Threaded PVC Cap at 35.0 ft --� Borehole Depth at J5.0 ft 10 in. Borehole •ETIC CROSS-SECTION FOR PROPOSED 4" GROUNDWATER MONITORING WELLS MW-15, MW-16 AND MW-17 FORMER MOBIL SERVICE STATION 18FF9 10 OSBORN STREET. NATIONAL CITY, CALIFORNIA EXHIBIT: