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HomeMy WebLinkAbout2011 CON (Encroachment Agreement) Restructure Petroleum Marketing Services - Monitoring WellsPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: RESTRUCTURE PETROLEUM MARKETING SERVICES • AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 9000 DOG it 2011 -0221 460. 1111111111111101111111111111111111111101110111 III APR 28, 2011 10:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 114.00 WAYS: 2 PAGES 29 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Ilia IIII THIS SPACE FOR RECORDER'S USE ONLY ENCROACHMENT PERMIT AND AGREEMENT: WITH RESTRUCTURE PETROLEUM MARKETING SERVICES FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS IN THE VICINITY OF TOLAS COURT, 7TH STREET AND SALOT STREET (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 9 Poi FEE: $490.00 MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The Cit of National City hereby grants an Encroachment Permit to the undersigned, R?M. - CA(0.1/ Wile a (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 A, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This Encroachment Permit and Agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PERMITTEE's property described above, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts. and agrees to. PERMITTEE also acknowledges that those terms and conditions include, without limitation, the CITY's right to require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this Encroachment Permit, the maintenance of the encroachment, and the PERMITTEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attorney's fees and costs of enforcement. A copy of this Encroachment Agreement may be recorded against the PERMITTEE's real property that may be benefited by the installation and maintenance of the encroachment. Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego , County Recorder's Office, and upon recordation shall return the original to the CITY. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed, or relocated by PERMITTEE at the PERMITTEE's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's and others entry upon and use of CITY's easement or right- of-way for the installation, maintenance, removal, and use of the PERMITTEE's encroachment. PERM1TTEE 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 section. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this Agreement, and require removal of the encroachment. 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits; for notification to Underground Service Alert, when applicable; and for the safe installation and maintenance of the encroachment at all times. 9002 2 Encroachment Permit and Agreement Monitoring Well 9. This Encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY, and accepted and acknowledged by the PERMITTEE, and if determined necessary by the CITY, recorded. 10. PERMITTEE shall within 48 hours upon written notification by the CITY adjust, or cause to adjust the top of the well, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 11. PERMITTEE shall provide and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation within the CITY right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the well and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour, or the damage which might result from the PERMITTEE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state, and federal safety and health standards, laws, and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the well to be conducted during the length of this encroachment. Such notification shall 900 3 Encroachment Permit and Agreement Monitoring Well 9004 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this Encroachment Agreement. 22. The well cap installed under this permit shall have information printed giving the name and phone number of the responsible entity in charge of the installation and maintenance of the well. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report; a copy of the Department of Health Services, County of San Diego response; and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. Dated: CI orrison, Mayor DYATION L CITY PERMITTEE: L Entity/Company ON gtt14.4-F (51 ef-STRuc�`RJreG P rtoefivwl .MA-aKe /Nj se-avc 3 bF C4- ('QPMS) Signature ce o-r-r 1) tat /4`' Name & Title Xe5, l?M Cam_ J ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Sc o-rrt— �L- 4'6/, \/ Person in Responsible Charge 6( -76. g 24/7 Phone Number /NNoij 'vi l/a0/1/, fern u47d vs Firm Name Mailing Address: �39 _SEC cJ7$T:: t6/C-f ( i B5, c4 9202y PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENT, OR RIGHT-OF- WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "A", ATTACHED 4 Encroac nt Permit and Agreement Monitoring Well 9005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT u�^wcc�ec eG� cry cerc�eGc ec Gecrefi State of Califor County of On % D e personally appeared 3e zit before mArthur P. Arqunla, Notary Public Here Insert Name and Title of the Officer Name(s) of Signeris) OFFICIAL SEAL P. AQUILLA NO. ARYJR PUBLIC-C TL TORN AE COMM. NO.1872932 SAN DIEGO COUNTY - MY COMM. EXP. JAN. 7, 2014 Place Notary Seal Above who proved to me on the basis of atistactory evidence to be the person(s) whose name( re subscribed to the n instrument and acknowl ed to me that he/they executed the a hi er/their authorized capacity(ies), and that his er/their signature(s) on the instrument the person(s , or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my Signature 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: Document Date: Number of Pages: • Signer(s) Other Than Named Above: ffici az,ci.74 c SignyPublic Capacity(ies) Claimed by Signer(s) Signer's Name: E Individual ❑ Corporate Officer—Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: ❑I Individual ET Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 *Chatsworth, CA 91313-2402• www.NationalNotary.o,g Item #5907 Reorder:Call Toll -Free 1-600-676-6827 9006 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? - 1.5 2) What is the time required to install each well? 1— 2 hour tc zll+& pk1S 3) How long will the wells remain in the street? 02 - S7Q,tLeS (A frco 4) How long will the abandonment of the wells be? (time frame) %—/O WoZt4 D4-ys 5) How often will the wells be monitored and sampled? SeMt —A 1NJ%-L 6) How long will it take to purge and sample each well? VtoJ 'S 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? gE s -R%, c_ -u►2€ /2e 72o Z.tyro /y%rt7W 'ri n! of (6 / Fort */rA f M L.Ae) //o/ AMLBc 4 /7b,4?A P2 -1- -44,7 ( FL 56 i 9 8) Who will be responsible for top of well head adjustments? /A//JovAI", ✓E �ilv�Ad�✓�VJFW1 t— - c L �T/ o nJS eft S ;o4 9 5r , 5 ' 2- 5 CA al �ZS' Co 11i cr .r e Lar - Le 4":Z. � r ' 36 ,--7LF6 -T{ To d�j% �.) A -/Ty or 5✓ l30 % -. %t1 t= 14 / /Zuiv.Ne ey C754 L %7 L "rtr /,,.4-t t ,Amy DEc- D t P/z. „eL„c y To Q L,Aet1Exz of New Existing Date: NA`E on, MCOMYOIIATT� ENGINEERING DIVISION TRUST & AGENCY REVENUE TRANSMITTAL 0014-14 /ANnI� Name of Bu iness/Person Pa ing: / a Amount: $ / QlJ Verified by: /� Engineering Staff Name: 44. A/E4/14-- r6172, fr / a/cc/Tons 900 7 Project Name: /v /177 Project Address: g ` ' APN No.(s) wme7/0464 Purpose: er- - AMOUNT ($) I'h'I4!'1C1 �r-2d DefOSi ACCOUNT # #726.1141 Others: DESCRIPTION Trust & Agency Deposit REFUND PAYABLE TO: (if applicable) / Name & Address //7/? o(j V OU. ty ,/u-koy; 8g9 Se- e,574d 5 2, plc etc -g7z)2 I certify under the penalty of law that the information submitted is to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. > �-tT Lt-✓r-v Print Name Engineering Permit No. REFUND Date: Final Inspection Date: Amount Refunded: ($) ( The um shall be in the nature of a deposit only and as an advance against the obligation of the developer to pay the city for maps, public improvements, private grading plans, inspections, NPDES reviews, and any expenses provided for under city ordinances. Rev. 07/01/10 9008 Finance Department 619 '336-4330 National City 39 / 38008 01/04/2011 07:44:43.000 Reg WXPCASHF1 Validation Receipt CHARGES- 001-06029-3142 EG GRADING PERMITS $ 396.00 001-06029-3585 / GF2135 MISC. USER CHARGES$ 490.00 726-1141 726114 001474-innovative $ 2000.00 001-06029-3144 TRANS HOUSE MOVING PERMI$ 476.00 Sub -total $*******3362.00 PAYMENT - Check - 1069 $ 3362.00 innovative Change $**********0,00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays EUCLID AVE. Harbison Elementry School UNNAMED SURFACE WATERCOURSE (USGS, 1975) SITE Paradise Hills Elementry School a APPROX. SCALE • 1 INCH • SOLO FEET aar VICINITY MAP FORMER RPMS (E-Z SERVE) LOCATION 100802 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 100802-005 FILE NO. is\Projects\RPMS\100802\Reports\Figs Innovative Environmental Solutions EXHIBIT A NOTE: PRIOR TO DRILLING USA WILL BE NOTIFIED TO LOCATE UTILITIES. PROPOSED LOCATION MAY REQUIRE REPOSITIONING. AFTER DRILLING EACH WELL BE SURVEYED. RESIDENTIAL NOT TO SCALE RESIDENTIAL E. 7TH STREET SHELL LEGEND AVENUE MW-14 ® PROPOSED WELL ID AND LOCATION EXISTING GROUNDWATER MONITORING WELL ID AND LOCATION * ON PRIVATE PROPERTY (MW-13 IS NOT PART OF THE PERMIT APPLICATION) MW-15 tED PARADISE N VALLEY RD. MW-16 ® TOLAS COURT RESIDENTIAL B MW-14 SALOT STREET 1VI1N30IS3a e RESIDENTIAL HARBISON ELEMENTRY SCHOOL PARKING LOT PROPOSED MONITORING WELL LOCATION MAP (MW-14 THROUGH MW-17) FORMER RPMS (E-Z SERVE) LOCATION 100802 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA 91950 N N E. 8TH ST. FORMER _ 4 0 O PUMP ISLANDS r E MW-13* CB RESIDENTIAL e FORMER PARKING GAS STATION LOT BUILDING am LJULJ FORMER UNDERGROUND STORAGE TANKS e e a PARKING LOT PARKING LOT 6 PLAZA BLVD. z z 0 0 Ocn T I 0 T_1 O m 0 rn 0= M0 -_ m MW-17 1VIOb3WWO0 RESIDENTIAL PROJECT NO. 100-802-005 FILE NO. i:\Projects\RPMS11008021Reports\EPermits\Figs 4 Innovative Environmental Solutions EXHIBIT B 9011 DEPTH BELOW GROUND SURFACE (FOOT) 3 8-INCH DIAMETER BOREHOLE 41' 43' 45' 65' 80' NOT TO SCALE 3 FOOT PERIMETER SEAL 1 ••# 1 1 1 1•#• 1 a r 1 1 1! 1 f -�1 1 ♦ 1 1 f r # 1 1 1 • • :�# 1 • 1 # # # f f f 1 f f f f f f f f f f 1 ♦ ♦ ♦ ♦ 1 ♦ ♦ a ♦ a • • • • • • •j= • • • • • • ♦ 1 • 1 • f 1 1 • 1 • 1•• • = • • • • • • a r, • f• •.�1 f• f f 1 f f• 1 1 f ♦•1f . 1 f f.. a ♦ ♦ ♦ . a+ ��♦ a a ♦ . a . • . • .. • - .. , 1 1 . . ..• ♦, a« 1« p1 a a 1 1 a 1 a♦♦ a a a• ♦♦♦ 1 a 1♦ a# f 1 f 1 1«♦ 1 1 « a '• 1 a• p •f a 1 '♦f 1 « « a « • f = •a «+ •♦ a♦ 1a •' . ♦ ♦ ♦ ♦ ♦ a . a▪ ♦♦ a a ▪ a♦•♦ • a a a 1 1 ▪ 1 a♦ 1 ▪ 1 • 1 1 1,« a • • • ♦ L • • • • • • GROUND SURFACE CONCRETE SEAL, 3 FEET TRAFFIC RATED, WATER-RESISTANT VAULT 2-INCH LOCKING EXPANSION PLUG BENTONITE GROUT, 38 FEET 2-INCH SCHEDULE 40 PVC,BLANK CASING, 45 FEET BENTONITE PELLET SEAL, 2 FEET 2-INCH SCHEDULE 40, 0.020-INCH SLOT SCREEN, 35 FEET ESTIMATED DEPTH TO GROUNDWATER, 65 FEET AVERAGE FILTER SAND, NO. 3 MONTEREY OR EQUIVALENT, 37 FEET 2-INCH PVC END PLUG ESTIMATED TOTAL DEPTH, 80 FEET (DRILLING DEPTH MAY VARY BASED ON CONDITIONS DURING ASSESSMENT) PROPOSED GROUNDWATER MONITORING WELL CONSTRUCTION DETAILS (MW-14) FORMER EZ-SERVE NO. 100802 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA PROJECT NO. 100-802-004 FILE NO. i:lProjectslRPMS11008021Reports1EPermitslFigs Innovative Environmental iiJ Solutions EXHIBIT B-2 NOTE: PRIOR TO DRILLING USA WILL BE NOTIFIED TO LOCATE UTILITIES. PROPOSED LOCATION MAY REQUIRE REPOSITIONING. AFTER DRILLING EACH WELL BE SURVEYED. RESIDENTIAL NOT TO SCALE LEGEND PROPOSED WELL ID AND LOCATION t9 EXISTING MONITORING WELL — — CENTER OF ROAD (UNPAINTED) E. 7TH ST. RESIDENTIAL 1_140' 1 13' 16' ®MW-14 .l TOLAS COURT MW-8 S RESIDENTIAL SALOT STREET co H co W MW-9 S RESIDENTIAL PROPOSED MONITORING WELL LOCATION MAP (MW-14) FORMER RPMS (E-Z SERVE) LOCATION 100802 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA 91950 PROJECT NO. 100-802-005 FILE NO. i:\Projects\RPMS11008021Reports\EPermits\Figs Innovative 0 Environmental Solutions EXHIBIT 13-3 NOTE: PRIOR TO DRILLING USA WILL BE NOTIFIED TO LOCATE UTILITIES. PROPOSED LOCATION MAY REQUIRE REPOSITIONING. AFTER DRILLING EACH WELL BE SURVEYED. RESIDENTIAL N NOT TO SCALE E. 7TH ST. RESIDENTIAL 5' MW-1 5 i- i GAS LIUNDER EROUND ® I 7 I-j 10' I 17' I 150' TOLAS COURT MW-8 S RESIDENTIAL SALOT STREET MW-9 S RESIDENTIAL LEGEND PROPOSED MONITORING WELL LOCATION MAP PROPOSED WELL ID AND LOCATION (MW-1 5) B EXISTING MONITORING WELL - L - CENTER OF ROAD (UNPAINTED) FORMER RPMS (E-Z SERVE) LOCATION 100802 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA 91950 E. 8TH ST. PROJECT NO. 100-802-005 FILE NO. i:\Projects\RPMS\100802\Reports\EPermits\Figs Innovative 0. Environmental '7 Solutions EXHIBIT p_4 NOTE: PRIOR TO DRILLING USA WILL BE NOTIFIED TO LOCATE UTILITIES. PROPOSED LOCATION MAY REQUIRE REPOSITIONING. AFTER DRILLING EACH WELL BE SURVEYED. RESIDENTIAL NOT TO SCALE RESIDENTIAL E. 7TH ST. TOLAS COURT 16' ® MW-16 r9, 5 RESIDENTIAL PARADISE VALLEY RD. N \- RESIDENTIAL E. 8TH ST. PROPOSED MONITORING WELL LOCATION MAP LEGEND (MW-16) ® PROPOSED WELL ID AND LOCATION FORMER RPMS (E-Z SERVE) LOCATION 100802 - - CENTER OF ROAD (UNPAINTED) 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA 91950 PROJECT NO. 100-802-005 FILE NO. i:1Projects\RPMS11008021Reports\EPermits\Figs Innovative Environmental Solutions EXHIBIT B- 5 9Oi5 DEPTH BELOW GROUND SURFACE (FOOT) 8-INCH DIAMETER BOREHOLE 41' 43' 45' 65' 70' V NOT TO SCALE 3 FOOT PERIMETER SEAL ✓ kj.4 O,+ , 40 4I4 OI4 /s '4..O4.. 44 4I I4j44' 4•+ .•4 440 4.40444. 44.4 j4M4 4404 44.4 4 44..4.,4.4ji', ` :4W / j444` j44•�4.i O,I4,4I4 s'.#''4. ..• 44 44 444 44.,�.4i4'�41 I s,4 4I4 +,`, 4.4e• e• 4�.4 '4P4.' 4.,4I.• A' 44',4144 •••••••• ••••••••-• r ♦ ♦ ♦ ♦ ♦ ♦ • a a♦• a a a r♦♦♦a♦a♦ a ♦«♦ r♦ a a♦♦ a ♦a a ♦ a •a a « ra ♦ a r♦ a ra♦ ♦ ra ♦•-♦ a ♦ ♦ a a ♦ a r r r a♦♦♦ a a♦ a i a♦ , i a♦♦{ a a a ♦ ♦ ♦ ♦ a a a♦•a r a •••• • •-• a s '♦♦ ♦ « « ♦, r« ••• ♦ a+♦ a a a a a ♦ a ♦ a ♦ ♦ ♦ • �. �. a a a♦ a a a♦♦♦ a«♦ a♦ • a a a a • • r♦, ♦+ a♦, + ♦ { a a ♦ {� , a a•a a ♦ . ♦ a ♦ { ♦ r . . r ♦ . , a . . . a a . - J r a« .. r . a. ♦a ., . • ♦♦♦♦{a a♦♦ r a r♦ ai{♦♦ - r♦♦ a r • • a{♦ a a t♦_ a♦ a r a a r♦ r♦ ..=♦ r r r♦ r • r a a a a a a a{♦♦ a a♦ a♦ a{ a a - a♦ a r♦ a t a♦ a -' a a«♦ a • + a a a a a• { r ♦ ♦ « ♦ ♦ ♦ �a i{ a ♦ ♦ ♦♦ ♦ ♦♦{ ' • a•♦♦+ a'♦' r. a ♦'a♦«♦i i ♦ ♦ a a ♦ a'a'•a a r , , ♦ ♦aaa♦♦ ♦♦ aa { { �r♦a♦* C'i ♦a♦r' a♦ {♦ •a{ a i a i { ' I a ♦ a♦ • ♦ ♦ { ♦_♦.♦ «.♦ GROUND SURFACE CONCRETE SEAL, 3 FEET TRAFFIC RATED, WATER-RESISTANT VAULT 2-INCH LOCKING EXPANSION PLUG BENTONITE GROUT, 38 FEET 2-INCH SCHEDULE 40 PVC,BLANK CASING, 45 FEET BENTONITE PELLET SEAL, 2 FEET 2-INCH SCHEDULE 40, 0.020-INCH SLOT SCREEN, 25 FEET ESTIMATED DEPTH TO GROUNDWATER, 65 FEET AVERAGE FILTER SAND, NO. 3 MONTEREY OR EQUIVALENT, 27 FEET 2-INCH PVC END PLUG ESTIMATED TOTAL DEPTH, 70 FEET (DRILLING DEPTH MAY VARY BASED ON CONDITIONS DURING ASSESSMENT) PROPOSED GROUNDWATER MONITORING WELL CONSTRUCTION DETAILS (MW-15 THROUGH MW-17) FORMER RPMS (E—Z SERVE) LOCATION 100802 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA 91950 PROJECT NO. 100-802-004 FILE NO. i:\Projects1RPMS11008021Reports\EPermtslFigs Innovative Environmental Solutions EXHIBIT NOT TO SCALE RESIDENTIAL SIDEWALK E. PLAZA BLVD. SIDEWALK TWO STORY SHOPPING AND OFFICE COMPLEX F'-24' 30' MW-17er9. 36' 65' JESTONI BAR AND GRILL co 44, co 2VZ NOTE: PRIOR TO DRILLING USA WILL BE NOTIFIED TO LOCATE UTILITIES. PROPOSED LOCATION MAY REQUIRE REPOSITIONING. AFTER DRILLING EACH WELL BE SURVEYED. LEGEND PROPOSED WELL ID AND LOCATION 9 EXISTING MONITORING WELL - M - EDGE OF MEDIAN PROPOSED MONITOR NG WELL LOCATION MAP (MW-1 7) FORMER RPMS (E-Z SERVE) LOCATION 100802 3530 EAST 8TH STREET NATIONAL CITY, CALIFORNIA 91950 PROJECT NO. 100-802-005 FILE NO. isIProjects1RPMS11008021Reports\EPermits\Figs Innovative Environmental Solutions EXHIBIT B-7 CO d 0) INNOENV-01 MES ACORD,,,, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD 3/2412011V U PRODUCER, Vanorsdale Insurance Services 4909 Murphy Canyon Road, Suite 510 San Diego, CA 92123 (858)541-2900 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 # INSURED Innovative Environmental Solutions 839 2nd Street 2-B Encinitas, CA 92024 INSURER A: Endurance American Specialty Insurance C INSURER B: Oak River Insurance Company INSURER C: INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY 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 HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRDI TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YYI POLICY EXPIRATION DATE (MM/DDA N) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY ECC10100767601 5/27/2010 5/27/2011 EACH OCCURRENCE $ 2,000,000 PREMISES(Eeoc urence) 8 50,000 j CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL BADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER PRO- POLICY ,)eCT LOC PRODUCTS-COMP/OPAGG $ 4,000,000 A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ECC10100767601 5/27/2010 5127/2011 COMBINED SINGLE LIMIT (Eaeccident) 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE AGGREGATE $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? f yes, describe under SPECIAL PROVISIONS below 2200015400101 1011012010 10J10/2011 WC STAILL OTH- X TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 A OTHER Pollution Liability- ECC10100767601 5/27/2010 5127/2011 Limit-$3.000.000 PerOcc/Agg DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS See attached page. CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd National City, CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE //�� /j C-_i..FGor c e...—__ ACORD 25 (2001/08) O ACORD CORPORATION 1988 17 INNOENV-01 MES PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - Innovative Environmental Solutions 839 2nd Street 2-B Encinitas, CA 92024 City of National City 1243 National City Blvd National City, CA 91950- *Except 10 Days Notice of Cancellation is given for Non -Payment of Premium.* RE: Project- Former RPMS (E-Z Serve) Location 1008002, IES Project No. 100802-004. The City of National City and its officers, agents and employees Is added as an additional insured In operations of the policyholder as respects to General Liability per form CG20261185 . Primary Wording applies per form FEI-548-ECC-0708. Amendment of Limits Endorsement- Project Specific applies per form FEI-522P-ECC-0708. Waiver of Subrogation applies per form WC990110A for Worker's Comp. **THIS CERTIFICATE CANCELS AND SUPERCEDES THE CERTIFICATES ISSUED ON 10!22H0.** 18 Endurance Innovative Environmental Solutions Endorsement Number: 27 Additional Insured — Designated Person or Organization This endorsement, effective 10/21/2010 attaches to and forms a part of Policy Number ECC101007676-01. This endorsement changes the Policy. Please read it carefully. CG 20 26 11 85 This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of National City 1243 National City Blvd National City, CA 91950 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Copyright, Insurance Services Office, Inc., 1984 9019 "may Endurance Innovative Environmental Solutions Endorsement Number: 15 Automatic Primary and Non -Contributory Insurance Endorsement Designated Work Or Project(s) This endorsement, effective 5/27/2010 attaches to and forms a part of Policy Number ECC101007676-01. This endorsement changes the Policy. Please read it carefully. SCHEDULB Name of Person or Organization: Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance. However, this status exists only for the project specified in that contract. In consideration of an additional premium of $Applied and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. FEI-548-ECC-0708 Endurance • Innovative Environmental Solutions Endorsement Number: 26 Amendment — Limits of Insurance (Amended Limits for Specified Coverage Parts) This endorsement, effective 10/21/2010 attaches to and forms a part of Policy Number ECC101007676-01. This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the coverage part indicated by an "X": X COMMERCIAL GENERAL LIABILITY COVERAGE PART X CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PREMIUM SCHEDULE: Additional Premium: $1,509 LIMITS OF INSURANCE: Regardless of the number of Coverage Parts written under this policy or applicable to any one occurrence or claim, the Limits of Insurance shown below apply once for the entire policy, and not separately for each Coverage Part. The amended Limits in this endorsement do not increase or change the Limits shown on the Coverage Part Declarations for Coverage Parts not indicated by an "X" above. Estimated Project Gross Receipts: Not Applicable Project Rate: Flat Applicable to Contractors Pollution Liability Coverage Part: $3,000,000 Damages Limit for Each Occurrence, Claim or Pollution Condition $3,000,000 General Aggregate Limit $3,000,000 Claims Expense Limit for Each Claim $3,000,000 Claims Expense Aggregate Limit Applicable to Professional Liability Coverage Part: Not Applicable Damages Limit for Each Occurrence, Wrongful Act or Claim Not Applicable General Aggregate Limit Not Applicable Claims Expense Limit for Each Claim Not Applicable Claims Expense Aggregate Limit Applicable to Commercial General Liability Coverage Part: $4,000,000 General Aggregate Limit (Other Than Products -Completed Operations) $4,000,000 Products -Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $2,000,000 Damages Limit for Each Occurrence or Claim $50,000 Fire Damage Limit (Any one Fire) $5,000 Medical Expense Limit (Any One Person) RETROACTIVE DATE FOR THE ABOVE LISTED LIMITS: Not Applicable The above increased limits apply only to the project performed for the City of National City. FEI-522P-ECC-0708 9 021 9022 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 04 10A (Ed 07-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) The additional premium for this endorsement shall be 2.00 % of the total policy premium otherwise due on such remuneration. The minimum premium for this endorsement is $ 350 no Schedule Person or Organization Job Description ALL ORGANIZATIONS FOR WHOM THE WAIVER OF SUBROGATION IS ISSUED ALL CALIFORNIA OPERATIONS This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10/10/2010 Policy No. 2200015400-101 Endorsement No. 1 Insured INNOVATIVE ENVIRONMENTAL SOLUTIONS (A CORP) Premium $ Insurance Company Oak River Insurance Company WC 99 04 10A (Ed 07-07) Countersigned by A 1 I 0 I oo/ 9023 Effective Date: November 3rd, 2010 Western Surety Company LICENSE AND PERMIT BOND KNOW ALL PERSONS BY THESE PRESENTS: That we, RPMS-CA c/o Innovative Environmental Solutions of the City of Encinitas , State of California , as Principal, and WESTERN SURETY COMPANY, a corporation duly licensed to do surety business in the State of California City of National City Bond No. 24859022 , as Surety, are held and firmly bound unto the , State of California , as Obligee, in the penal sum of Two Thousand and 00/100 DOLLARS ($2, 000.00 ), lawful money of the United States, to be paid to the Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the Principal has been licensed Encroachment Permit by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and in all things comply with the laws and ordinances, including all amendments thereto, pertaining to the license or permit applied for, then this obligation to be void, otherwise to remain in full force and effect until November 3rd 201 3 , unless renewed by Continuation Certificate. This bond may be terminated at any time by the Surety upon sending notice in writing, by First Class U.S. Mail, to the Obligee and to the Principal at the address last known to the Surety, and at the expiration of thicw'�, a from the mailing of said notice, this bond shall ipso facto terminate and the Surety sh l'Cz�eup llieved from any liability for any acts or omissions of the Principal subsequent to said de S'•,e"the number of years this bond shall continue in force, the number of claims made azts is bo the number of premiums which shall be payable or paid, the Surety's total limit of 141"sfl shall not b4 ZElnulative from year to year or period to period, and in no event shall the Surety's total lit Ity4LtaRro4f g"gexceed the amount set forth above. Any revision of the bond amount shall not be I cCA �* i Y .y I V ,e Q�\` Dated'ttl'ito 13th day of December 2010 Rpms-Ca C/O Innovative Environmental Solutions Principal Principal WESTE 13SURET COMPANY By Paul T. Bruflat, Sfnior Vice President i i Form 532-1-2010 'STATE OF SOUTH DAKOTA l ss COUNTY OF MINNEHAHA l( ACKNOWLEDGMENT OF SURETY (Corporate Officer) 9024 On this 13th day of December 2010 , before me, the undersigned officer, personally appeared Paul T . Bruflat , who acknowledged himself to be the aforesaid officer of WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself as such officer, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ✓ r ✓ S. EICH , r NOTARY PUBLIC r : • SOUTH DAKOTA ) + + My Commission Expires February 12, 2015 STATE OF COUNTY OF } SS Notary Public — South Dakota ACKNOWLEDGMENT OF PRINCIPAL (Individual or Partners) On this day of , before me personally appeared known to me to be the individual _ described in and who executed the foregoing instrument and acknowledged to me that _he — executed the same. My commission expires STATE OF COUNTY OF �ss Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) On this day of , before me personally appeared who acknowledged himself/herself to be the of , a corporation, and that he/she as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herself as such officer. My commission expires E 0 U s E License or Permit No. 0 aJ Name of Applicant co Notary Public 0 O. 0 0 Western Surety Company 9025 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint Paul T. Bruflat of Sioux Falls State of South Dakota , its regularly elected Senior Vice President as Attorney -in -Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, the following bond: One Encroachment Permit City of National City bond with bond number 24859022 for RPMS-CA c/o Innovative Environmental Solutions as Principal in the penalty amount not to exceed: $ 2,000.00 Western Surety Company further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety Company duly adopted and now in force, to -wit: Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys -in -Fact or agents who shall have authority to Issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its Senior Vice President with the corporate seal affixed this 13th day of December 2010 ATTEST WESTEURETG.COMPANY STATE CO Paul T. BruflaC, Senior Vice President 659. 7-d.414r71 L. Nelson, Assistant Secretary `ie@co�n(P�t t r se r rr�rrytriro. .z i FOR r, �p�JPA✓ i4Wif •• Dra -/ ~G :tali: �a OFSOUTHDAKOTA1 *S� j )` JI UNTY OF MINNEHAHA .p jp AA rPrOiN M it`�r44 On this 13th day of December 2010 , before me, a Notary Public, personally appeared Paul T. Bruflat and L. Nelson who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior vice President and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the SS voluntary act and deed of said Corporation. + + i D. KRELL + NOTARY PUBLIC • a SOUTH DAKOTA f +%%%%%w0000 o,%%%%%%Y%%'I + My Commission Expires November 30, 2012 By Notary Public Form F1975-9-2006 MI® Western Surety Company RIDER It is hereby mutually agreed and understood by and between the Principal and Western Surety Company, that instead of as originally written: The description has been changed to read: Encroachment Permit Security Deposit For The Life of The Monitoring Wells Installed No further changes other than above. 9026 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, limits or conditions of the Bond `"Ne i�}r ('r s. �.Yip twe a :g+•. one B W v. , except as hereinabove set forth. effective on the 14th 'clock a.m., standard time. g�� • `i,li"�` Bond No 24859022 ,, h& id an�, timing part of issu' ;2`V E R N S U R E T Y C O M P A N Y of Sioux Falls, South Dakota, to RPMS-CA C/O Innovative Environmental Solutions day of February 2011 , at Signed this 14th day of February 2011 WESTER SURETY�j`COMPANY By ez -�— / . Paul T. Bruflat, Se or Vice President Form 128.4-2002 i• WILSNItE w INTERLINE WI 00 99 07 06 DATE: 02/18/2011 WILSHIRE INSURANCE COMPANY P.O. Box 7006, Lancaster, California 93539-7006 NOTICE OF CANCELLATION / NONRENEWAL To ALL Insureds, Loss Payees, and Other Interests named in the Policy shown below: Additional Interest CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD* NATIONAL CITY, CA 92050-0000 9927 [Policy Number: BA2490250 57 02 We are notifying you, in accordance with the Terms and Conditions of the policy shown above, that your policy will cease at 12:01 a.m. Standard Time at the first Named Insured's Mailing Address on the date shown below: CANCELLATION / TERMINATION DATE OF POLICY: 03/20/2011 PREMIUM ADJUSTMENT: If this policy is cancelled and the premium has not been paid, the earned premium due and payable shall be computed as provided in the policy, and demand is hereby made for payment thereof. If premium has been paid, the excess paid premium above the earned premium, if any, if, not tendered with this Notice of Cancellation/Nonrenewal, will be refunded as soon as practicable after cancellation becomes effective. The following, when applicable, have also been notified (by separate notice) Certificate Holder(s), Additional Insured(s) or Interest(s), and all Domestic and Foreign Motor Carrier Regulatory Entities. Named Insured: JOSE LUIS ALVARADO DBA:J A T TRANSPORT, INC. 4313 GREYSTONE CIRCLE RIVERSIDE, CA 92509-0000 AVAILABILITY OF OTHER INSURANCE We are notifying you that we are cancelling your policy for Commercial Automobile insurance. Other insurance is possibly available through your agent, another insurer or through the Automobile Insurance Plan. For additional information, please contact your insurance agent. Countersigned at Lancaster. California on 02/18/11 Policy Issued through Agency: THE EMPIRE COMPANY PO BOX 5400 RANCHO CUCAMONGA, CA 91729-0000 WI 00 99 07 06 Authorized Representative Countersignature Producer Code: 150670008 ADD'L INSURED 02/18/2011 1IUIlt IIIII III IIIII111IIIIIIIIIIIIIII111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111IIIIIIIIIIIIIIIIIIIIIIII111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIn11lVIIIIIIIIIIIIIIIIIIIIIIII Page 1 of 1 ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } 8028 On April 20, 2011 before me, MICHAEL R. DALLA, City Clerk personally appeared RON MORRISON, MAYOR who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to on the attached instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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. WITNESS my hand and official seal. Signature ichael R. ' alla — City Cler RESOLUTION NO. 2011 — 88 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT PERMIT AND AGREEMENT WITH RESTRUCTURE PETROLEUM MARKETING SERVICES FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS IN THE VICINITY OF TOLAS COURT, 7TH STREET, AND SALOT STREET WHEREAS, the Restructure Petroleum Marketing Services ("RPMS"), through its contractor, Innovative Environmental Solutions, is seeking an encroachment permit and agreement for the installation of four groundwater monitoring wells in the vicinity of Tolas Court, 7th Street, and Salot Street; and WHEREAS, three of the four monitoring wells will be located within the public right-of-way, and the fourth will be located on private 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 Restructure Petroleum Marketing Services ("RPMS"), through its contractor, Innovative Environmental Solutions, for the installation of four groundwater monitoring wells in the vicinity of Tolas Court, 7th Street, and Salot Street, 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 19th day of April, 2011 on Morrison, Mayor ATTEST. Mich. -I R. Dalla, Ci Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Passed and adopted by the Council of the City of National City, California, on April 19, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4 City Q erk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-88 of the City of National City, California, passed and adopted by the Council of said City on April 19, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT •1'1•c. MEETING DATE: April 19, 2011 AGENDA ITEM NO. 10 TEM TITLE: A Resolution of the City Council of the City of National City approving an Encroachment Permit and an Agreement with Restructure Petroleum Marketing Services (RPMS) for the installation of four (4) units groundwater monitoring wells located at the vicinity of Tolas Court, 7th Street and Salot Street, National City. PREPARED BY: Mauro Nebreja PHONE: 336-4395 EXPLANATION: See attached. DEPARTMENT: Development Services/ Engineeripg,Di�uision FINANCIAL STATEMENT: ACCOUNT NO. The permit fee of $490.00 will be deposited to the Revenue Acct. No. 001-06029-3585. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution 5. Insurance Certificate 2. Notarized Encroachment Permit and Agreement 6. Copy of Surety Bond 3. Receipt of Fee Paid (including performance cash deposit) 4. Exhibit A and B OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone 619-336-4229 fax RESTRUCTURE PETROLEUM MARKETING SERVICES RESOLUTION NO. 2011-88 Adopted 04-19-11 Resolution of the City Council of the City of National City approving an Encroachment Permit and Agreement with Restructure Petroleum Marketing Services for the installation of four groundwater monitoring wells in the vicinity of Tolas Court, 7th Street and Salot Street. Received 1 Fully Executed Original Encroachment Agreement o Print Name Date