HomeMy WebLinkAbout2010 CON (Encroachment Agreement) Chevron - Monitoring WellsNOTE TO FILE
03-28-11
IN THE MATTER OF: Resolution of the City Council
approving an Encroachment Agreement Permit and
Agreement with Chevron Environmental Management
Company for the installation of two groundwater monitoring
wells located in the public right of way at 105 West 8th Street.
Please note the following:
A FULLY EXECUTED ORIGINAL RECORDED
ENCROACHMENT AGREEMENT WAS NEVER
FILED WITH THE OFFICE OF THE CITY CLERK
ORIGINATING DEPARTMENT: _ CDC _ Housing & Grants
_ City Attorney _ Human Resources
_ City Manager _ MIS
_ Community Svcs. _ Planning
X Engineering _ Police
Finance Public Works
Fire
• 03-28-11— Original recorded encroachment agreement was mailed by the County Clerk to
Chevron
NTF
23
PLEASE COMPLETE THIS INFORMATION.
RECORDING REQUESTED BY:
AND WIZEN RECORDED MAIL TO:
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DEC 09, 2010 9:43 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L. BUTLER, COUNTY RECORDER
FEES: 60.00
PAGES:
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THIS I'AGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
(Additional recording fee applies)
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FEE: $490.00
MONITORING WELL ENCROACHMENT
PERMIT AND AGREEMENT
The City of National City hereby grants an Encroachment Permit to the undersigned, Chevron
Environmental Management Company (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, agents, and assigns
of the PERMITTEE.
The PERMITTEE, in consideration of this grant of pennission by the City of National City (hereinafter
referred to as "CffY") 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 EXHIBITS
A and 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 described above, and the
covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This
AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of
which PERMITTEE hereby specifically acknowledges, accepts, and agrees to. PERMITTEE also
acknowledges that those terms and conditions include, without limitation, the CITY's right to require the
removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and
in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of
Chapter 13.12 shall govern the interpretation and application of this Encroachment Permit, the
maintenance of the encroachment, and the PERMITTEE'S duties and obligations. In the event of
litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its
attorney's fees and costs of enforcement. A copy of this Encroachment Agreement may be recorded
against the PERMITTEE's real property that may be benefited by the installation and maintenance of the
encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the
County of San Diego, County Recorder's Office, and upon recordation shall return the original to the
CITY.
2. The encroachment shall be maintained in a safe and sanitary condition at all times at the
sole cost, risk, and responsibility of PERMITTEE and all successors in interest, so long as the
encroachment exists.
3. Upon notification in writing by CITY's City Engineer, the above described encroachment
shall be abandoned, removed, or relocated by PERMITTEE at the PERMITTEE's sole expense. If
PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after
notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at
PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the
encroachment and the personal liability of the PERMITTEE.
4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the
prompt completion of the installation, removal, abandonment, and all appurtenant operations, including
any necessary subsequent street resurfacing or restriping required for installing or maintaining the
encroachment, which bond shall be maintained so long as the encroachment exists.
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 and all successor in interest, agents or assigns shall take out and maintain, during
the time the aforementioned encroachment or other structure remains on CITY's easement or right-of-
way, comprehensive general liability insurance with minimum limits of One Million Dollars
($1,000,000.00) combined single limit per occurrence, covering all bodily injury 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 firms; in the event coverage is written on a claim 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 section.
Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or
immediately terminate this Agreement, and require removal of the encroachment. In lieu of insurance
coverage, PERMITTEE maintains a self-administered claims program with respect to its duties
hereunder. PERMITTEE has met the insurance requirements of Section 6 by providing the CITY with
the statement of self-insurance attached as Exhibit "C" to the agreement.
Encroachment Permit and Agreement
Monitoring Well
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 8th Street and/or in the alley between Roosevelt Avenue and Hoover
Avenue south of 8th Street, if and when such adjustment will become necessary as a result of CITY's
street resurfacing, or other construction operations.
11. PERMITTEE shall provide and maintain adequate traffic control at the sole cost, risk and
responsibility of PERMITTEE and successor in interest, during the course of the construction of the well,
and the monitoring and sampling periods or any other operation within the CITY right-of-way.
PERMITTEE shall hold CITY harmless with respect thereto.
12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of
the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the
CffY prior to the commencement of work.
13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the
installation of the well on 8th Street and/or in the alley between Roosevelt Avenue and Hoover Avenue
south of 8th Street. and for subsequent adjustments.
14. All operations conducted by the PERMITTEE on the CITY premises, including
monitoring and sampling of the well and running of equipment shall be limited to the hours set by the
City Engineer, and there shall no deviations from these hours.
15. PERMITTEE shall notify all adjacent residential and commercial developments as to the
intended construction, and shall post notices indicating the type and the hours of construction and all
other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum
of inconvenience to the public.
16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground
Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMIf1 EE 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.
3
Encroachment Permit and Agreement
Monitoring Well
19. The proposed well may exist in the public right-of-way for a maximum of two years.
The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring,
and shall obtain the CITY's written approval for any time extension.
20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended
monitoring of the well to be conducted during the length of this encroachment. Such notification shall
contain the time and date of the intended sampling, and shall be subject to the approval of the CITY.
21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used
only for emergency purposes, prior to the approval of this Encroachment Agreement.
22. The well cap installed under this permit shall have information printed giving the name
and phone number of the responsible entity in charge of the installation and maintenance of the well.
23. The PERMITTEE shall provide the CITY with a copy of the site assessment and
remediation report; a copy of the Department of Health Services, County of San Diego response; and the
site remediation completion report. The report shall show the extent of ground water and/or soil
contamination, if any.
CITY OF ATIONAL CITY Dated: November 23, 2010
Ron Morrison, Mayor
PERMITTEE: (Signature of two corporate officers required for
CI}c, rtan Environi7nta Management C rapany corporation)
Frank G. Soler, Assistant Secretary
Date
Michael W. VYoody, Assistarjecretary
Date
91a3Ia0(0
ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE.
USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY.
PERMITTEE/APPLICANT INFORMATION:
Person in Responsible Charge
24/7 Phone Number
Firm Name
Mailing Address:
4
Encroachment Permit and Agreement
Monitoring Well
State of California
County of Contra Costa
On September 23, 2010, before me, K. Henry, Notary Public, personally appeared
Frank G. Soler and Michael W. Woody, who proved to me on the basis of satisfactory
evidence to be the persons whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their authorized capacities, and that
by their signatures on the instrument the persons, or the entity upon behalf of which the
persons acted, executed the instrument.
1 certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
' K. HENRY
��. Commission N 17e4951
Notary Public - California g Contra Costa County -
kv*Cortme9Ast404013.2011
PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENT, OR RIGHT-OF-
WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED
5
Encroachment Permit and Agreement
Monitoring Well
MfG)r WAL
ENCLOSURES
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SAN LAEGO, CAI IFORNIA
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PREPARED FOR:
FORMER CHEVRON
SERVICE STATION No. 9-8225
105 West eth Street
National City, California
JOB NUMBER' DRAWN
211R)1017
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SITE PLAN WITH
PROPOSED GROUNDWATER
MONITORING WELLS
CHFI'.<IN BY:
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APPROVED BY. DATE:
RFP I1/12812
9..VOAARA ANEEN-mm ,Mar
RESOLUTION 2010 — 248
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING AN ENCROACHMENT PERMIT AND AGREEMENT
WITH CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR
THE INSTALLATION OF TWO GROUNDWATER MONITORING WELLS
LOCATED IN THE PUBLIC RIGHT-OF-WAY AT 105 WEST 8TH STREET
WHEREAS, the Chevron Environmental Management Group, the owner of the
property located at 105 West 8th Street, is seeking an encroachment agreement to install one
groundwater monitoring well within the public right-of-way on West 8th Street, and one
groundwater monitoring well inside the alley way, both adjacent to the property; and
WHEREAS, the monitoring wells are a requirement of the County of San Diego
Department of Health Environment to perform liquid phase hydrocarbons fingerprinting, and to
fully assess dissolved -phase benzene in groundwater.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National
City hereby approves an Encroachment Permit and Agreement with the Chevron Environmental
Management Group for the installation of one groundwater monitoring well within the public right-
of-way at 105 West 8th Street, and one groundwater monitoring well inside the alley way, both
adjacent to the property, as required by the County of San Diego Department of Health
Environment. Said Encroachment Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 23rd day of November, 2010.
Ron Morrison, Mayor
ATTEST:
i
Mic erk
h el R. Della,
C
A"ROVED AS ,• FORM:
dia G. Silva
ity Attorn
Passed and adopted by the Council of the City of National City, California, on
November 23, 2010 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/
CI rk of the City of +�V
City ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2010-248 of the City of National City, California, passed and
adopted by the Council of said City on November 23, 2010.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
go5-1,4-+j
EETING DATE: November 23, 2010
AGENDA ITEM NO. 5
ITEM TITLE:
A Resolution of the City Council of the City of National City approving an Encroachment Permit and an
Agreement with Chevron Corporation for the installation of two (2) units groundwater monitoring wells
located at 105 West 8th Street in the public right-of-way.
PREPARED BY: Mauro NebrejaJ
PHONE: 336-4395
EXPLANATION:
APPROVED BY:
DEPARTMENT: Development Services/
EngingQring 9 Division
Chevron Corporation, applied for an Encroachment Permit and Agreement for the installation of two (2)
units groundwater monitoring wells adjacent to 105 West 8th Street, National City where the former
Chevron Service Station 9-8225 was located. These monitoring wells installation are required by the
County of San Diego, Department of Health Environment to perform liquid phase hydrocarbons
fingerprinting and to fully assess dissolved -phase benzene in groundwater. Per plan and site visit, one
(1) unit will be installed on West 8th Street and the other one will be inside the alley both adjacent to said
address. Location of these two (2) groundwater monitoring wells are shown in the attached Exhibit B.
An encroachment agreement fee was paid and a notarized copy of the agreement was submitted
together with a liability insurance certificate through its Self -Administered Claims Program. The
document was reviewed by the City Attorney and Engineering Staff and recommendation is to approve
e Encroachment Permit and Agreement.
FINANCIAL STATEMENT:
ACCOUNT NO. N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
TTACHMENTS:
11111r. Resolution
2. Notarized Encroachment Permit and Agreement
3. Receipt of Fee Paid
4. Exhibit A and B
5. Insurance Certificate
No rao\o- ay%
C irvcn>so J Michael R. Dalla, CMC City Clerk
619-336-4228 phone • 619-336-4229 fax
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY
RESOLUTION NO. 2010-248
Adopted 11-23-10
Resolution of the City Council of the City of National City
approving an Encroachment Permit and Agreement with
Chevron Environmental Management Company for the
installation of two groundwater monitoring wells located
in the public right-of-way at 105 West 8th Street.
Received 1 Fully Executed Original Encroachment Agreement
L
Signature
Print Name
--PreSS.
o to
Date