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HomeMy WebLinkAbout2012 CON (Encroachment Agreement) Chevron - Monitoring WellsPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 DOC p 20120168322 IIIV II III IIIII IIIII III I III IIII IIYI P II IIIII IIIII IIIII IIII IIII MAR 22, 2012 1:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 111.00 WAYS: 2 11793 PAGES 28 11111111111IIIII1111111111IIHIIIIIIIIIII11111111111111111111111111111111111IIIIIIII THIS SPACE FOR RECORDER'S USE ONLY K0 ,17-oil —3 K(, VJ L. , E -4€ tir Pe [2- - i 2.€FM( \- ENCROACHMENT AGREEMENT: WITH CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS LOCATED IN THE PUBLIC RIGHT OF WAY ADJACENT TO 105 WEST 8TH STREET (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION 11794 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 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. 11795 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. 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 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. 2 Encroachment Permit and Agreement Monitoring Well Chevron Facility No. 9-8225 11796 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 wells on West 8th Street, 9`h Street, Hoover Avenue, or the alley located between Roosevelt and Hoover Avenues, 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 wells, 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. PERMIT 1'EE shall notify the CITY in writing of any proposed change in the location of the wells 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 wells on West 8`h Street, 9th Street, Hoover Avenue, or the alley located between Roosevelt and Hoover Avenues, and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the wells 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 wells 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. 3 Encroachment Permit and Agreement Monitoring Well Chevron Facility No. 9-8225 11797 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the wells 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 caps 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 wells. 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: CITY OF NATIONAL CITY PERMITTEE: Chevron Environmental Management Company n Morrison, Mayor Entity/ ompan Si Andrew Noel, Assistant Secretary Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Eric Roehl Person in Responsible Charge 714-349-6943 24/7 Phone Number Chevron Environmental Management Company Firm Name Mailing Address: 145 S. State College Blvd, #400, SS # 9-8225 Brea, CA 92822 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 Encroachment Permit and Agreement Monitoring Well Chevron Facility No. 9-8225 11798 ACKNOWLEDGMENT State of California County of Cl''((..Acit._ On C_��v�� r I, Z--Cs before me lZe cC c� M Lt J \A\ - t\LA-rt( , b l C (insert name and tttle of the officer) personally appeared r\c)L\c e .- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe- subscribed to the within instrument and acknowledged to me that he/shetthey 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. 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. REBECCA MCLAUGHLIN Commission # 1853883 Z •� 7. Notary Public - California z Signature `� `lam�r� Orange County 9 (Seal) `My Comm. Expires Jun 13, 2013 t 11799 N{ ROT 1F887 — .4 .0. DEVELOPMENT SERVICES DEPARTMENT ENGINEERING DIVISION REVENUE TRANSMITTAL Date: ill- 1 f Permit No. Name of Business/Perrssj��onn Paying: ))OM tl Al APN No.(s) Project Name: /txxl�y%r"1 F76z /e .9 E —32-ZS ) Project Address: / Er ; g Sic - 44 o`Y l u . Weil it / -r /44-cr L Staff /''/ •L, T&A Cross Reference No. Purpose: No, Price Total Account Number Record of Survey X $796.00 001-06029-3634 Encroachment Agreement / X $490.00 g q() ° ro 001-06029-3634 Enforcement X Various 001-06029-3204 Special Driveway Permit X $368.00 001-06029-3130 Easement Check X $796.00 001-06029-3634 Lot Line Adjustment X $1,259.00 001-06029-3634 Sidewalk, Driveway, Curb Permit X $297.00 001-06029-3130 Deferral X $670.00 001-06029-3634 Sewer Permit X $381.00 001-06029-3125 Flood Hazard Area Permit X $201.00 001-06029-3147 Construction Permit (Grading) ( X $396.00 3 9(0 r t _ 001-06029 3142 Annual Parking District Renewal X $35.00 001-06029-3146 Traffic Impact Study Review <3000 vehicles X $3,416.00 001-06029-3557 Traffic Impact Study Review >3000 vehicles X $6,833.00 001-06029-3557 Rev. 9/27/11 Plan Copy Service X $21.00 Engineering Compliance Fee X $553.00 Investigation Fee X $170.00 Utility Company Permit Fee X $512.00 Traffic Control Plan Check J X $476.00 G 76 • Construction Fines & Penalties X Various Transportation Permits X $90/$16 Sale of plans & specifications X Various Storm Water Fee X Various Copies (first page) X $1.00 Copies, additional page, standard $0.15, 8 1/2 x 11 X each Copies, additional page, color, 8 $0.25, 1/2 x 11 X each Copies, additional page, $.50, Oversize, standard X each Copies, additional page, $1.00 Oversize, color X each Total Transmitted av 11800 001-06029-3634 001-06029-3634 001-06029-3634 001-06029-3160 001-06029-3557 001-06029-3204 001-06029-3144 001-06029-3528 001-06029-3547 001-06029-3634 001-06029-3634 001-06029-3634 001-06029-3634 001-06029-3634 Rev. 9/27/11 11801 CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 56 / 29196 11/07/2011 11:58:09.000 Reg WXP-CASHO2 Validation Receipt CHARGES- 001-06029-3142 EG GRADING PERMITS $ 396.00 001-06029-3634 GF2136 project -monitoring$ 490.00 001-00000-3650 ZCLEAR 001-06029-3557 $ 476.00 Sub -total $****t**1362.00 PAYMENT - Check - 2899 $ 490.00 stantec consulting Check - 2897 $ 396.00 stantec consulting Check - 2898 $ 476.00 stantec consulting Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday Through Thursday Closed on Fridays 11802 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? 5 days (One day to sawcut/air-knife. One day per well to install.) 2) What is the time required to install each well? One day per well 3) How long will the wells remain in the street? Until the County of San Diego Department of Environmental Health closes the UAR case. 4) How long will the abandonment of the wells be? (time frame) One day for all wells. 5) How often will the wells be monitored and sampled? Semi-annually 6) How long will it take to purge and sample each well? Approximately 2 hours per well. 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? Chevron Environmental Management Company 145 S. State College Blvd, #400, SS # 9-8225 Brea, CA 92822 8) Who will be responsible for top of well head adjustments? Chevron Environmental Management Company 11803 N 0 W A a N 8 0 N a 4a W-28-P LEGEND: s W-26% 6 fQ r 5�N l� l pN- W-26f), _43t' _ 4 W-14� W-4 W-11 fic W-28-P y MW-10 MW-4 CHEVRON GROUNDWATER MONITORING WELL CHEVRON DESTROYED GROUNDWATER MONITORING WELL PROPOSED GROUNDWATER MONITORING WELL THRIFTY GROUNDWATER MONITORING WELL THRIFTY DESTROYED GROUNDWATER MONITORING WELL AS-4NE-4 ■ CDC-12 38( AIR SPARGINGNAPOR EXTRACTION WELLS COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY (CDC) WELLS PROPERTY BOUNDARY UNDERGROUND TRAFFIC LOOPS DIRECTION OF TRAFFIC 0 w-1 CPNO° M FOR SER 0 D�SP 5‘AN° MW-16 W-17 IN MW-20 gth slck- 60 M -2 cl 120 LI APPROXIMATE SCALE IN FEET LL 5a11MC 9179 AERO DRIVE SAN DIEGO, CAUFORNIA PHONE: (619) 296-6195/296-6199 (FAX) PREPARED FOR: FORMER CHEVRON SERVICE STATION No. 9-8225 105 West 8th Street National City, California SITE PLAN WITH PROPOSED MONITORING WELL LOCATIONS EXHIBIT: A JOB NUMBER: 211802582 DRAWN BY: JA CHECKED BY: APPROVED BY: DATE: 06/09/2011 2011 Stontec Consulting CV96225 20110118 SP(updeted).dwg 11804 ACOREP CERTIFICATE OF LIABILITY INSURANCE koft...* ' DATE(MM/DD/YYYY) 11 /01 /2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AON REED STENHOUSE, INC. AON RISK SERVICES CENTRAL, INC. 900 -10025 - 102A AVENUE EDMONTON, AB T5J 0Y2 NAME FRANK NORANTE PHONE 1-800-444-3017 FAX 952-656-8834 (A/No): Ext. fA/C ADDRESS: FRANK.NORANTE(UTAON.COM INSURER(S) AFFORDING COVERAGE NAIC II INSURER A: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED STANTEC CONSULTING CORP. 9179 AERO DRIVE SAN DIEGO CA 92123-2411 I rnvcnnnce ..,.,e.e,......- ........-._ INSURER B: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURER C: ZURICH INSURANCE COMPANY 16535 INSURER D: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURER E. INSURER F: • VITILI1...1,. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR' LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY POLICY EXP NNW OMITS A GENERAL LIABILITY X GL06556026 05/01/11 05/01/12 EACH OCCURRENCE $ 2,000,000 X MERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 300,000 1 CLAIMS -MADE X OCCUR XCU COVER INCLUDED MEDEXP(Any X CONTRACTUAL/CROSS one person) PERSONAL & ADV INJURY $ 10,000 2,000,000 X OWNERS &CONTRACTORS GENERAL AGGREGATE $ $ 4,000,000 GEEN'L AGGREGATE LIMIT APPLIES PER• r PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X I JEc T X LOC B AUTOMOBILE LIABILITY BAP5940882 11/01/11 11/01/12 (EaMacciden1SN LIMIT $ 1,000,000 X ANY AUTO OWNED BODILY INJURY (Per person) $ _ AUT SCHEDULED NON -OWNED BODILY INJURY (Per accident) $ H HIRED AUTOS AUTOS P- iPERTY DAMAGE (Per accident) $ �. X UMBRELLA LIAB X OCCUR 8831307 05/01/11 05/01/12 • EACH OCCURRENCE $ $ 5,000,000 X EXCESS LIAB CLAIMS -MADE EXCESS GENERAL, AUTO AND AGGREGATE 5,000,000 D DEC 1-X RETENTION $1 O,DOO EMPLOYERS LIABILITY (FOLLOW FORM) $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY �,IN WC5940881 11/01/11 11/01/12 WC STATU• OTH- X 'RYIIM ANY PROPRIETOR/PARTNER/EXECUTIVE- OFFICER/MEMBER EXCLUDED? IN NIA E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYE $ 1 ,000,000 D DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) SAN DIEGO CA. STANTEC PROJECT #: 211802582, PROJECT NAME: FORMER CHEVRON SERVICE STATION NO. 9-8225 - ENCROACHMENT PERMIT. THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. CERTIFICATE FIAT nER _- ..__-- -____ CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 11805 ACORO® CERTIFICATE OF LIABILITY INSURANCEREVISED DATE IMMIDD/YYYY) 10/06/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSURED MARSH CANADA LIMITED 2260, 10180 -101 STREET EDMONTON, AB T5J 3S4 STANTEC CONSULTING CORP. 9179 AERO DRIVE SAN DIEGO CA 92123-2411 NAME MICHAEL MICHAEL POPLETT PHOE (NC, NNo, Ext): 780-917-4850 (AAx/c No):780-429-1422 ADDRESS: MICHAEL.POPLETT aOMARSH.COM INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: INSURER B INSURER C INSURER D: INSURER E LLOYD'S OF LONDON INSURER F. 37540 COVERAGES CERTIFICATE NUMBER: 386 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTA N, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER 1MMIDD//YYYY) (MMIDO//YYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY LIMIT APPLIES T j RC0 PER: LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE ___ LIABILITY SULED NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA UAB EXCESS LIAB O OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N N / A I WC STATU- I OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVEn OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ E PROFESSIONAL LIABILITY INCLUDING ENVIRONMENTAL N/A QF033111 NO RETROACTIVE DATE 08/01/11 08/01/12 CLAIM & AGGREGATE LIMIT $2,000,000 INCLUSIVE OF COSTS CLAIMS MADE BASIS DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) SAN DIEGO CA. STANTEC PROJECT #: 211802582, PROJECT NAME: FORMER CHEVRON SERVICE STATION NO. 9-8225 - ENCROACHMENT PERMIT. CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 11806 Bond No. 070010481 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of San Ramon, California as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and fuuily bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Encroachment Permit for life span of wells located at Chevron, no. 9-8225, 105 West 8th St., National City, CA 91950 (Currently 133 West 8th Street) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 11th day of APPROVED AS TO FORM: October Chevron Environmental Management Company (Name of Pri opal) By: G( Title: 4�f i�Wr f �cgsuj er Safeco Insurance Company of America (Surety) By:'— Marina Tapia Attorney -in -Fact (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, #1700 Seattle, WA 98154 Pcb 11807 State of California County of Los Angeles Or OCT 11 2011 before me, 6. Aleman, Notary Public, personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by hi-s/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (seal) B. ALEMAN Commission N 1774647 Notary public • Coptya Los Angeles County ConVn. E iet0C821.201I Signature B. A7e'man, Notary Public 11808 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Contra Costa )n October 13, 2011 before me, Date personally appeared Uriel Oseguera } Kim Do, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) KIM D0 Commission # 1951686 Notary Public - California i Contra Costa County Comm. Expires Sep 10, 2015 Place Notary Seal Above who proved to m on the basis o tisfactory evidence to be the person() whose name ) )are subscr,b d to the within instrument and a knowledged to me that he/the executed the ame i er/their a horized capacity(i and that y/h /her/their signature on the instrumen the person( 2 r 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 OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond #070010480, Private Contract Bond -City of National City -Faithful Performance Document Date: October 13, 2011 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Uriei Oseguera ❑ Individual • Corporate Officer Title(s):Assistant Treasurer ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Chevron Environmental Management Company RIGHTTHUMBPRINT OF SIGNER Top of thumb here Number of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer --- Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact,,' ❑ Trustee ❑ Guardian,et Conservator ❑ Others" / S, ner Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 'THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 11809 4542752 ' This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E. S. ALBRECHT, JR., TRACY C. ASTON, C. K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, BRENDA WONG, SIMONE GERHARD, NOEMI QUIROZ, B. ALEMAN, ALL OF THE CITY OF LOS ANGELES, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVEN HUNDRED FIFTY MILLION AND 00/100******** ****** DOLLARS ($ 750,000,000.00*************** ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, suoject to the limitations set forth in their respect 'e powers of attorney, shall have full power to bird the Coipoiatiori by their signature and exewied, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 26th day of April 2011 SAFECO INSURANCE COMPANY OF AMERICA Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 26th day of April , 2011 , before me, a Notary Public, personally came Garnet W. Elliott to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO first above written. CERTIFICATE o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year to x ) o xhTwp.,•ic. .t,rn y r'.y x r21113 By a Past ella, No tary Public I, the undersigned, Assiste1�tr CafSafeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and c et&&ctSpy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TES it/HMCF, I have hereunto subscribed my na xed the corporate seal of the said company, this day of David M. Carey, A tistant Secretary JACK MILLER DIRECTOR August 22, 2011 (t aunty of San 4 -ego DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 858-505-6700/1-800-253-9933 www.sdcdeh.org Mr. Eric Roehl Chevron Products Company P.O. Box 2292 Brea, California 92822-2292 Dear Mr. Roehl: 11810 ELIZABETH POZZEBON ASSISTANT DIRECTOR UNAUTHORIZED RELEASE #H13517-001 WORKPLAN APPROVAL 105 WEST 8TH STREET, NATIONAL CITY, CALIFORNIA 91950 This letter has been prepared in accordance with the requirements set forth in Title 23 (State Underground Storage Tank Regulations), Division 3, Chapter 16, Article 11, Section 2722. The purpose of this letter is to notify the Responsible Party of the status of the Workplan received by the County of San Diego, Site Assessment and Mitigation Program (SAM), on June 13, 2011. The Workplan, dated June 10, 2011, prepared by Stantec Consulting Corporation (Stantec), covers one of the following phases of corrective action: Preliminary Site Assessment ( ) Soil and Water Investigation (X) Corrective Action Plan ( ) Verification Monitoring ( ) Interim Remedial Action ( ) The Workplan, that proposes the installation of four groundwater monitoring wells, has been: ( ) approved. ( ) disapproved -call the undersigned for further instructions. (X) approved with the following changes or conditions: • In additional to the proposed soil sampling criteria, samples should also be collected at changes in lithology, if contamination is observed, the capillary fringe, and at depths where contamination had been observed during previous investigations. This approval is valid for 90 days from the date of this letter. Keep this letter for your records as it may be required for corrective action cost reimbursement under Senate Bill 2004 (California Health and Safety Code, Division 20, Chapter 6.75, Article 6). %7;net.',11 and p��,r ric_.';� ;1,. „7 _;,.:._ �,-s',�;" ,, T ..,z.0.1hp dna science Mr. Eric Roehi - 2 - August 22, 2011 As a reminder, please continue submitting all of the soil and groundwater data electronically into GeoTracker based on our letter dated July 13, 2005. The need for further site characterization and mitigation actions will be determined following evaluation of the written report. If you have any questions, please call me at (858) 505-6978. Sincerely, CRAIG M. BURNETT, PG 8182 Environmental Health Specialist Site Assessment and Mitigation Program CMB:kd cc: Larry Higinbotham, Thrifty Oil Corporation Patricia Beard, Community Development Commission of National City Brian Waite, Stantec WPhi13517-001-811 WPA Bond No. 070010480 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE 11812 KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of San Ramon, California as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Encroachment Permit for Installation of Wells located at Chevron, no. 9-8225, 105 West 8th St., National City, CA 91950 (Currently 133 West 8th Street) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 11th day of October APPROVED AS TO FORM: BY: 1,/lytt CUAUDIA C. SILVA CITY ATTORNEY 20 11 Chevron Environmental Management Company (Name pf Pri By: tt-c4 Oseg4,1 Title: A AsisJ - TetoArc --- Safeco Insurance Company of America (Surety) By: Marina Tapia Attorney -in -Fact (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, #1700 Seattle, WA 98154 Bond No. 070010481 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE 11813 KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of San Ramon, California as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Encroachment Permit for life span of wells located at Chevron, no. 9-8225, 105 West 8th St., National City, CA 91950 (Currently 133 West 8th Street) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 11th day of October APPROVED AS TO FORM: B UDIA G. SILVA TY ATTORNEY 20 11 Chevron Environmental Management Company (Name of Prilicpal By: te,('O,4 Title: giy -tr(-- 7Th &w-e+-- Safeco Insurance Company of America (Surety) By_v ii¢,t>J L Marina Tapia Attorney -in -Fact (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, #1700 Seattle, WA 98154 11814 State of California County of Los Angeles On OCT 11 2011 before ma, B. Aleman, Notary Public, personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islar-e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in fi+s/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. 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. (seal) Commission • 1774647 _ LV::‘/ l os Notary Public - California eles C Signature B. eman, otary Public 11815 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Contra Costa vn October 13, 2011 before me, Date personally appeared Uriel Oseguera a Kim Do, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) KIM DO Commission M 1951686 Notary Public - Celitornia Contra Costa County My Comm. Expires Sep 10, 2015 Place Notary Seal Above who proved to me on the basis o tisfactory evidence to be the person(s) whose name jsl are subscjjevd to the within instrument and nowledged to me thashe/they executed th me in her/their au orized capacity and that t}y i /her/their signature on the instrument th person( or the entity upon behalf of which the perso ) 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 h rid andofficial seal. Signature OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond #070010481, Private Contract Bond -City of National City -Faithful Performance Document Date: October 13, 2011 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Uriel Oseguera ❑ Individual Corporate Officer Title(s):Assistant Treasurer ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Chevron Environmental Management Company RIGHTTHUMBPRINT OF SIGNER Top of thumb here Number of Pages: 1 Signer's Name: L1 Individual Corporate Officer—Title(s): Partner— ❑ Limited ❑ Attorney in Fact Trustee Guardian or Ce servator Other: Si.•er Is Representing: eral RIGHTTHUMBPRINT OF SIGNER Top of thumb here `�2(;G<-,`LE,C<:C.t: i:•C.l•.tr:: - -4(: tCTi��Z'•. - THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 11816 4542753 This Power.of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E. S. ALBRECHT, JR., TRACY C. ASTON, C. K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, BRENDA WONG, SIMONE GERHARD, NOEMI QUIROZ, B. ALEMAN, ALL OF THE CITY OF LOS ANGELES, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVEN HUNDRED FIFTY MILLION AND 00i100******** ****** DOLLARS ($ 750,000,000.00*************** ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations- set forth in -their respective powers of etIorney, shall have ItA power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Safeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 26th day of April 2011 SAFECO INSURANCE COMPANY OF AMERICA By W— Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 26th day of April , 2011 , before me, a Notary Public, personally came Garnet W. Elliott to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Safeco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOro subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. CERTIFICATE Plym.th T r Mt.,Itgotnery iyCcro-s.,c ,Kr -0,3 Mern1,31 Pen,z b 'opp j?.. By Pas Tyre 714.1216., No tary Public I, the undersigned, Assis tgrgi Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and c py, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TES)MITIIIVIRIDF, I have hereunto subscribed my narfp� •xed the corporate seal of the said company, this ________ _day of David M. Carey, scant Secretary JACK MILLER DIRECTOR August 22, 2011 Lnunig of San DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 858-505-6700l1-800-253-9933 www.sdcdeh.org Mr. Eric Roehl Chevron Products Company P.O. Box 2292 Brea, California 92822-2292 Dear Mr. Roehi: JpproJCt. C 11817 ELIZABETH POZZEBON ASSISTANT DIRECTOR UNAUTHORIZED RELEASE #H13517-001 WORKPLAN APPROVAL 105 WEST 8TH STREET, NATIONAL CITY, CALIFORNIA 91950 This letter has been prepared in accordance with the requirements set forth in Title 23 (State Underground Storage Tank Regulations), Division 3, Chapter 16, Article 11, Section 2722. The purpose of this letter is to notify the Responsible Party of the status of the Workplan received by the County of San Diego, Site Assessment and Mitigation Program (SAM), on June 13, 2011. The Workplan, dated June 10, 2011, prepared by Stantec Consulting Corporation (Stantec), covers one of the following phases of corrective action: Preliminary Site Assessment ( ) Soil and Water Investigation (X) Corrective Action Plan ( ) Verification Monitoring ( ) Interim Remedial Action ( ) The Workplan, that proposes the installation of four groundwater monitoring wells, has been: ( ) approved. ( ) disapproved -call the undersigned for further instructions. (X) approved with the following changes or conditions: • In additional to the proposed soil sampling criteria, samples should also be collected at changes in lithology, if contamination is observed, the capillary fringe, and at depths where contamination had been observed during previous investigations. This approval is valid for 90 days from the date of this letter. Keep this letter for your records as it may be required for corrective action cost reimbursement under Senate Bill 2004 (California Health and Safety Code, Division 20, Chapter 6.75, Article 6). -.-... riu piiLUL „ if t uu ugn aeuuerainp, par finer nlp ana science 11818 Mr. Eric Roehl - 2 - August 22, 2011 As a reminder, please continue submitting all of the soil and groundwater data electronically into GeoTracker based on our letter dated July 13, 2005. The need for further site characterization and mitigation actions will be determined following evaluation of the written report. If you have any questions, please call me at (858) 505-6978. Sincerely, CRAIG M. BURNETT, PG 8182 Environmental Health Specialist Site Assessment and Mitigation Program CMB:kd cc: Larry Higinbotham, Thrifty Oil Corporation Patricia Beard, Community Development Commission of National City Brian Waite, Stantec WPIH13517-001-811 WPA RESOLUTION NO. 2012 — 60 11819 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS LOCATED IN THE PUBLIC RIGHT OF WAY ADJACENT TO 105 WEST 8TH STREET WHEREAS, Stantec Consulting Company, on behalf of Chevron Environmental Management Company, is proposing four monitoring wells within the public right-of-way to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the proposed sites for the wells are adjacent to 105 West 8th Street on West 8th Street, Hoover Avenue, West 9th Street, and in the alley between Hoover Avenue and Roosevelt Avenue; 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 authorizes the Mayor to execute an Encroachment Permit and Agreement with the Chevron Environmental Management Group for the installation of four groundwater monitoring wells within the public right-of-way at 105 West 8th Street on West 8th Street, Hoover Avenue, West 9th Street, and in the alley between Hoover Avenue and Roosevelt Avenue, as required by the County of San Diego Department of Health Environment. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 2012. n Morrison, Mayor ATTEST: /1214//709 Mic ael R. Dalla, City Clerk ROVED AS C9..ia Gacitua City Attorney 11820 Passed and adopted by the Council of the City of National City, California, on March 6, 2012 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 MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-60 of the City of National City, California, passed and adopted by the Council of said City on March 6, 2012. /-*/f,t/Zt City Clerk of the City o National City, California By: Deputy RESOLUTION NO. 2012 — 60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS LOCATED IN THE PUBLIC RIGHT OF WAY ADJACENT TO 105 WEST 8TH STREET WHEREAS, Stantec Consulting Company, on behalf of Chevron Environmental Management Company, is proposing four monitoring wells within the public right-of-way to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the proposed sites for the wells are adjacent to 105 West 8th Street on West 8th Street, Hoover Avenue, West 9th Street, and in the alley between Hoover Avenue and Roosevelt Avenue; 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 authorizes the Mayor to execute an Encroachment Permit and Agreement with the Chevron Environmental Management Group for the installation of four groundwater monitoring wells within the public right-of-way at 105 West 8th Street on West 8th Street, Hoover Avenue, West 9th Street, and in the alley between Hoover Avenue and Roosevelt Avenue, as required by the County of San Diego Department of Health Environment. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 2012. n Morrison, Mayor ATTEST: i Mic aliNLY ael R. Della, City Clerk ROVED AS C9..ia Gacitua City Attorney \� Passed and adopted by the Council of the City of National City, California, on March 6, 2012 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 N CI rk of the City of City ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-60 the City of National City, California, passed and adopted by the Council of said City on March 6, 2012. City Clerk of the City of National City, California By: Deputy •' 1 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 6, 2012 AGENDA ITEM NO. 9 ITEM TITLE A 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 four (4) units groundwater monitoring wells located in the public right of way. PREPARED BY Mauro Nebreja DEPARTMENT Dev. Services Dept EXT. EXPLANATION 7 4 80 On behalf of Chevron Corporation, Stantec Consulting Company is proposing four (4) units groundwater monitoring wells adjacent to 105 West 8th Street, National City where the former Chevron Service Station 9-8225 was located. Per attached site plan, one (1) unit will be installed on West 8th Street, one (1) unit in Hoover Ave, one (1) unit in West 9th Street, and one (1) unit in the alley between Hoover Avenue & Roosevelt Avenue. An encroachment Permit and Agreement was signed by Chevron, a fee was paid and a notarized copy of the agreement was submitted together with a liability insurance certificate and copy of applicable performance bonds. The documents were reviewed by the Legal Department and staff recommendation is to approve the Encroachment Permit and Agreement. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 1. Notarized Encroachment Permit and Agreement 5. Faithful Performance Bonds 2. Receipt of Fee Paid 3. Exhibit A 4. Insurance Certificate c\,v T r e r- A-200(Rev.7/03) 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 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 PERMIITEE's real property that may be benefited by the installation and maintenance of the encroachment. Upon request by CITY, PERMI1 1LE 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. PERMI 1'lEE 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. 1 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. 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 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. 2 3 Encroachment Permit and Agreement Monitoring Well Chevron Facility No. 9-8225 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 CI'I'Y adjust, or cause to adjust the top of the wells on West 8'1' Street, 9th Street, Hoover Avenue, or the alley located between Roosevelt and Hoover Avenues, 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 wells, 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 wells prior to installation. PER vl1TTEE 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 wells on West 8'1' Street, 9th Street, Hoover Avenue, or the alley located between Roosevelt and Hoover Avenues, and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the wells 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 wells 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. 3 Encroachment Permit and Agreement Monitoring Well Chevron Facility No. 9-8225 4 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the wells 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 caps 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 wells. 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: CITY OF NATIONAL CITY PERMITTEE: Chevron Environmental Management Company Ron Morrison, Mayor Entity/ ompan Si Andrew Noel, Assistant Secretary Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICAN"I' INFORMATION: Eric Rochl Person in Responsible Charge 714-349-6943 24/7 Phone Number Chevron Environmental Management Company Firm Name Mailing Address: 145 S. State College Blvd, #400, SS # 9-8225 Brea, CA 92822 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 5 Encroachment Permit and Agreement Monitoring Well Chevron Facility No. 9-8225 State of California County of D On ��c,r .Nr 1, "Lc u ACKNOWLEDGMENT before me t2z. ccGc. (��i<w�`.� ,� n4c-r , �;b1 c'. (insert name and title of the officer) personally appeared r\1`-1cj.\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe- subscribed to the within instrument and acknowledged to me that he/Aiie/ti executed the same in his/her/their authorized capacity(ies), and that by histhefitheif signature(s) on the instrument the person(s); or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) REBECCA MCLAUGHLIN Commission 0 1853883 a 5 Notary Public - California z z qj' Orange County My Comm. Exeres Jun 13, 2013 t 6 DEVELOPMENT SERVICES DEPARTMENT / ENGINEERING DIVISION REVENUE TRANSMITTAL Date: 1'/ /7// Permit No. Name of Business/Person Paying: "�11f 6C' (/17k15tt / ft APN No.(s) Project Name: /G°( p744 ? r-itt Qir".gs 514f Project Address: / g Sf Purpose: 11 l Der i/Q' / WeI( lie/% 1 c1 / 1 Staff M T&A Cross Reference No. No. Price Total Account Number Record of Survey X $796.00 001-06029-3634 Encroachment Agreement ( X $490,00 yw ° rD 001-06029-3634 Enforcement X Various 001-06029-3204 Special Driveway Permit X $368.00 001-06029-3130 Easement Check X $796.00 001-06029-3634 Lot Line Adjustment X $1,259.00 001-06029-3634 Sidewalk, Driveway, Curb Permit X $297.00 001-06029-3130 Deferral X $670.00 001-06029-3634 Sewer Permit X $381.00 001-06029-3125 Flood Hazard Area Permit X $201.00 001-06029-3147 Construction Permit (Grading) ( X $396.00 (0 ' 6z' 001-06029-3142 Annual Parking District Renewal X $35.00 001-06029-3146 Traffic Impact Study Review <3000 vehicles X $3,416.00 001-06029-3557 Traffic Impact Study Review >3000 vehicles X $6,833.00 001-06029-3557 Rev. 9/27/11 Plan Copy Service X $21.00 Engineering Compliance Fee X $553.00 Investigation Fee X $170.00 Utility Company Permit Fee X $512.00 Traffic Control Plan Check / X $476.00 476 Construction Fines & Penalties X Various Transportation Permits X $90/$16 Sale of plans & specifications X Various Storm Water Fee X Various Copies (first page) X $1.00 Copies, additional page, standard $0.15, 8 1 /2 x 11 X each Copies, additional page, color, 8 $0.25, 1/2 x 11 X each Copies, additional page, $.50, Oversize, standard X each Copies, additional page, $1.00 Oversize, color X each Total Transmitted 001-06029-3634 001-06029-3634 001-06029-3634 001-06029-3160 001-06029-3557 001-06029-3204 001-06029-3144 001-06029-3528 001-06029-3547 001-06029-3634 001-06029-3634 001-06029-3634 001-06029-3634 001-06029-3634 / �2"� :_-Y Rev. 9/27/11 CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 56 / 29196 11/07/2011 11:58:09.000 Reg WXP-CASH02 Validation Receipt CHARGES- 001-06029-3142 EG GRADING PERMITS $ 396.00 001-06029-3634 GF2136 project -monitoring$ 490.00 001-00000-3650 ZCLEAR 001-06029-3557 $ 476,00 Sub -total $*******1362.00 PAYMENT - Check - 2899 $ 490.00 stantec consulting Check - 2897 $ 396.00 stantec consulting Check - 2898 $ 476.00 stantec consulting Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday Through Thursday Closed on Fridays 9 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? 5 days (One day to sawcut/air-knife. One day per well to install.) 2) What is the time required to install each well? One day per well 3) How long will the wells remain in the street? Until the County of San Diego Department of Environmental Health closes the UAR case. 4) How long will the abandonment of the wells be? (time frame) One day for all wells. 5) How often will the wells be monitored and sampled? Semi-annually 6) How long will it take to purge and sample each well? Approximately 2 hours per well 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? Chevron Environmental Management Company 145 S. State College Blvd, #400, SS # 9-8225 Brea, CA 92822 8) Who will be responsible for top of well head adjustments? Chevron Environmental Management Company 10 I - A SIZE POR U) U 0 N u In 0 0 0 U 'POP24� Q_ , Oil i W-25 — V" W-26 i NG i r ---- ---- op W-28-P \\ \\ \\ \ \\ \} W-29-P "rrr 1 L " m \ 1" W-30-P LEGEND: W-14-0 W-4 W-11 �i✓i W-28-P 4' MW-10 MW-4 ® CHEVRON GROUNDWATER AS-4NE-4 ■ MONITORING WELL CHEVRON DESTROYED GROUNDWATER MONITORING WELL PROPOSED GROUNDWATER MONITORING WELL THRIFTY GROUNDWATER MONITORING WELL THRIFTY DESTROYED GROUNDWATER MONITORING WELL CDC-12 X AIR SPARGINGNAPOR EXTRACTION WELLS COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY (CDC) WELLS PROPERTY BOUNDARY UNDERGROUND TRAFFIC LOOPS DIRECTION OF TRAFFIC 0 __- ' V - - - - W-1 Coo M fi FO NSE 10 0\SP S0NO� \ v MW-16 MW-20 60 W-17 120 �tf APPROXIMATE SCALE IN FEET Stantec PREPARED FOR: FORMER CHEVRON SERVICE STATION No. 9-8225 105 West 8th Street National City, California SITE PLAN WITH PROPOSED MONITORING WELL LOCATIONS EXHIBIT: A w LL ©2011 Stanlec Consulting 9179 AFRO DRIVE SAN DIEGO, CAUFORNIA PHONE: (619) 296-6195/296-6199 (FAX) JOB NUMBER: 211802582 DRAWN BY: 11 JA CHECKED BY: lAPPROVED BY: DATE: 06/09/2011 CV98225 20110118 SP(updated).dwg Al C O® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DOIYYYY) 11/01/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER AON REED STENHOUSE, INC. AON RISK SERVICES CENTRAL, INC. 900 - 10025 - 102A AVENUE EDMONTON, AB T5J 0Y2 NAME FRANK FRANK NORANTE INC E No Eel): 1-800-444-3017 E-MAILDRSS: FRANK.NORANTE@AON.COM INSURER(S) AFFORDING COVERAGE INSURER A: ZURICH AMERICAN INSURANCE COMPANY INSURED STANTEC CONSULTING CORP. 9179 AERO DRIVE SAN DIEGO CA 92123-2411 FAX No): 952-656-8834 NAIC # 16535 INSURER B. ZURICH AMERICAN INSURANCE COMPANY INSURER C. ZURICH INSURANCE COMPANY INSURER D. ZURICH AMERICAN INSURANCE COMPANY INSURER E. 16535 16535 16535 INSURER F: COVERAGES CERTIFICATE NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, 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. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLCY EFF (MM/OD/YYYYI POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X GL06556026 05/01/11 05/01/12 EACH OCCURRENCE $ 2,000,000 X ---- COMMERCIAL --- GENERAL LIABILITY DAMA E T RENTED PREMISES Ea occurrence) $ 300,000 CLAIMS -MADE X OCCUR XCU COVER INCLUDED MED EXP(Any one person) $ 10,000 X CONTRACTUAUCROSS PERSONAL 8 ADV INJURY $ 2 000,000 X OWNERS & CONTRACTORS GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMITqoAPPLIES PER: PRODUCTS - COMP/OP AGG $ 2 000 000 1 POLICY X jEG7 I ^ i LOC $ B AUTOMOBILE LIABILITY BAP5940882 11/01/11 11/01/12 (Eaaccdentji"GLEUMIr $ 1,000,000 X ANY AUTO �, ALAUTS OWNED SCHEDULED BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ __ HIRED AUTOS I NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ 1 $ C X UMBRELLA LIAB X OCCUR 8831307 05/01/11 05/01/12 EACH OCCURRENCE 5,000,000 X EXCESS LIAB CLAIMS -MADE EXCESS GENERAL, AUTO AND AGGREGATE $ $ 5,000,000 DED X RETENTION EMPLOYERS LIABILITY (FOLLOW FORM) $ D WORKERS EMPLOYERS' ANO EMPLOYERS' LIABIL TV Y 1 N WC5940881 11/01/11 11/01/12 X1T4Rr L)MI tSJ _Ef;_ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N N / A E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE 1,000,000 - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) SAN DIEGO CA. STANTEC PROJECT #: 211802582, PROJECT NAME: FORMER CHEVRON SERVICE STATION NO. 9-8225 - ENCROACHMENT PERMIT. THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, AGENTS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSUREDS BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED. f FDTIGIrATG Unr Rco _ _.._— CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 12 DATE (MM/DDIYYYY) 10/06/2011 ACCPREP CERTIFICATE OF LIABILITY INSURANCEREVISED I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS RTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED , PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MARSH CANADA LIMITED 2260, 10180 - 101 STREET EDMONTON, AB T5J 3S4 INSURED STANTEC CONSULTING CORP. 9179 AERO DRIVE SAN DIEGO CA 92123-2411 NAME MICHAEL MICHAEL POPLETT (NNc,,"N , Ext) 780-917-4850 FAX NO 780-429-1422 ADDRESS MICHAEL.POPLETTWMARSH.COM INSURER(S) AFFORDING COVERAGE NAIC # INSURER A. INSURER B' INSURER C INSURER O. INSURER E LLOYD'S OF LONDON 37540 INSURER F: COVERAGES CERTIFICATE NUMBER: 386 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, 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. LIMITS SHOWN SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR VENDIMMIDDIYYYY) IMMIDD/YYM GENERAL LIABILITY EACH OCCURRENCE COMMERCIAL GENERAL LIABILITY (CLAIMS -MADE OCCUR GENL AGGREGATE LIMIT APPLIES PER: POLICY JECOT LOC UMITS DAMAGE TO REN rED PREMISES (Ea occurrence) $ MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS UMBRELLA UAB EXCESS UAB 11 SCHEDULED AUTOS AUTOSUTOS AED COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) OCCUR CLAIMS -MADE DED RETENTION $ E EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION AND EMPLOYERS' UABIUTY Y I N ANY PROPRIETOR/PARTNER/EXECU TIVET--- Mandatory In NHER/MEMBE) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below NIA N/A PROFESSIONAL LIABILITY INCLUDING ENVIRONMENTAL DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES SAN DIEGO CA. STANTEC PROJECT # ENCROACHMENT PERMIT. WC STATU- OTH- TORY LIMITS I ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT QF033111 08/01/11 08/01/12 NO RETROACTIVE DATE (Attach ACORD 101, Additional Remarks Schedule, If more space is required) :211802582, PROJECT NAME: FORMER CHEVRON SERVICE STATION NO. 9-8225 - CLAIM & AGGREGATE LIMIT $2,000,000 INCLUSIVE OF COSTS CLAIMS MADE BASIS CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 13 Bond No. 070010481 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of San Ramon, California as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, fumly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Encroachment Permit for life span of wells located at Chevron, no. 9-8225, 105 West 8th St., National City, CA 91950 (Currently 133 West 8th Street) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 11 th day of October APPROVED AS TO FORM: BY UDIA G. SILVA TY ATTORNEY 20 11 Chevron Environmental Management Company (Name of Pri c. al) By: Safeco Insurance Company of America (Surety) By: , ► �i�� atoms Marina Tapia Attorney -in -Fact (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, #1700 Seattle, WA 98154 P. 14 State of California County of Los Angeles On OCT 11 2011 before me, B. Aleman, Notary Public, personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. (seal) 8. AIEMAN Commisslo, * 1774647 Notory Public - Captarnla IE Los Angeles County _ Caret Oct21,2011 Signature B. Aleman, Notary Public 15 ❑ Individual Pr Corporate Officer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rr0t.X.Mc STATE OF CALIFORNIA County of Contra Costa On October 13, 2011 before me, Date personally appeared Uriel Oseguera Kim Do, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) KIM D0 Commission # 1951686 Notary Public - California s Contra Costa County My Comm. Expires Sep 10, 2015 Place Notary Seal Above who proved to m on the basis o,f tisfactory evidence to be the person(S) whose name14) are subscryfad to the within instrument and a knowledged to me that ,,he/the executed the ame i er/their aythorized capacity(i , and that y ,i /her/their signature on the instrumen the person ($ br the entity upon behalf of which the persor 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 r /v OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond #070010480, Private Contract Bond -City of National City -Faithful Performance Document Date: October 13, 2011 Number of Pages: 1 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Uriel Oseguera Title(s):Assistant Treasurer ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Chevron Environmental Management Company Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): LI Partner ❑ Limited ❑ General ❑ Attorney in Fact,/� Trustee ❑ Guardian,,or Conservator ❑ Other;` S' ner Is Representing: RIGHTTHUNBPRINT OF SIGNER Top of thumb here 16 'THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4542752 TFlis Po▪ wer of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E. S. ALBRECHT, JR., TRACY C. ASTON, C. K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, BRENDA WONG, SIMONE GERHARD, NOEMI QUIROZ, B. ALEMAN, ALL OF THE CITY OF LOS ANGELES, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVEN HUNDRED FIFTY MILLION AND 00/100"'***'* ****** DOLLARS ($ 750,000,000.00*************** ******) each, and the execution of such undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, suoject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of afeco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 26th day of April 2011 COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 26th day of April , 2011 , before me, a acknowledged that he is an Assistant Secretary of Safeco Insurance Company executed the above Power of Attorney and affixed the corporate seal of Safeco direction of said corporation. IN TESTIMONY WHEREO first above written. CERTIFICATE SAFECO INSURANCE COMPANY OF AMERICA By O G✓` Garnet W. Elliott, Assistant Secretary Notary Public, personally came Garnet W. Elliott, to me known, and of America; that he knows the seal of said corporation; and that he Insurance Company of America thereto with the authority and at the p subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year By aa l Tere as Pas�tar Public Y I, the undersigned, Assisia�f$rrla ;of Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and c py, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Safeco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TES I wQF, I have hereunto subscribed my narge and.lffixed the corporate seal of the said company, this day of >. rtt .a 4r d C y > C C o t•- o (n d LLl c • E Q o .p • c 02 14 of ae y O .• of oc 0 73. > ea r N E ci o o(0 0. I— David M. Carey, AGSistant Secretary JACK MILLER DIRECTOR August 22, 2011 CIuuntg .af $an trgo DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 856-505-670011-800-253-9933 www.sdcdeh.org Mr. Eric Roehl Chevron Products Company P.O. Box 2292 Brea, California 92822-2292 Dear Mr. Roehl: ELIZABETH POZZEBON ASSISTANT DIRECTOR UNAUTHORIZED RELEASE #H13517-001 WORKPLAN APPROVAL 105 WEST 8TH STREET, NATIONAL CITY, CALIFORNIA 91950 This letter has been prepared in accordance with the requirements set forth in Title 23 (State Underground Storage Tank Regulations), Division 3, Chapter 16, Article 11, Section 2722. The purpose of this letter is to notify the Responsible Party of the status of the Workplan received by the County of San Diego, Site Assessment and Mitigation Program (SAM), on June 13, 2011. The Workplan, dated June 10, 2011, prepared by Stantec Consulting Corporation (Stantec), covers one of the following phases of corrective action: Preliminary Site Assessment ( ) Soil and Water Investigation (X) Corrective Action Plan ( ) Verification Monitoring ( ) Interim Remedial Action ( ) The Workplan, that proposes the installation of four groundwater monitoring wells, has been: ( ) approved. ( ) disapproved -call the undersigned for further instructions. (X) approved with the following changes or conditions: • In additional to the proposed soil sampling criteria, samples should also be collected at changes in lithology, if contamination is observed, the capillary fringe, and at depths where contamination had been observed during previous investigations. This approval is valid for 90 days from the date of this letter Keep this letter for your records as it may be required for corrective action cost reimbursement under Senate Bill 2004 (California Health and Safety Code, Division 20, Chapter 6. 75, Article 6). ,V7 1eJ 1 and p u� ne��th th�c.:�. :.trs,��p, E;risei hip and science` 18 • Mr. Eric Roehl - 2 - August 22, 2011 As a reminder, please continue submitting all of the soil and groundwater data electronically into GeoTracker based on our letter dated July 13, 2005. The need for further site characterization and mitigation actions will be determined following evaluation of the written report. If you have any questions, please call me at (858) 505-6978. Sincerely, CRAIG M. BURNETT, PG 8182 Environmental Health Specialist Site Assessment and Mitigation Program CMB:kd cc: Larry Higinbotham, Thrifty Oil Corporation Patricia Beard, Community Development Commission of National City Brian Waite, Stantec WPhi13517-001-811 WPA 19 Bond No. 070010480 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of San Ramon, California as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Encroachment Permit for Installation of Wells located at Chevron, no. 9-8225, 105 West 8th St., National City, CA 91950 (Currently 133 West 8th Street) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 11th day of October APPROVED AS TO FORM: BY: rl !' ,) ( / 4' CIJAUDIA G. SILVA CITY ATTORNEY 20 11 Chevron Environmental Management Company (Name pf Prir pipa1) By: Vrr lJvv2� W-I rl Oseli d•-� Title: A-fS(zu-r— Fca� try Safeco Insurance Company of America (Surety) �� lz-4L .J dp By: yat.( Marina Tapia Attorney -in -Fact (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, #1700 Seattle, WA 98154 v. 20 Bond No. 070010481 PRIVATE CON'I'RACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of San Ramon, California as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly arid severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Encroachment Permit for life span of wells located at Chevron, no. 9-8225, 105 West 8th St., National City, CA 91950 (Currently 133 West 8th Street) NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 11th day of APPROVED AS TO FORM: BY: UDIA G. SILVA TY ATTORNEY October 2O 11 Chevron Environmental Management Company (Name of Pri,'icipal) By: Title: 4C iib-r f — Fw.su.re,-- Safeco Insurance Company of America (Surety) A By: v' Yl ee - . Marina Tapia Attorney -in -Fact (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, #1700 Seattle, WA 98154 P. 21 State of California County of Los Angeles On OCT 11 201) before me, B. Alernan, Notary Public, personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ace 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. 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. (seal) O. ALEMAN i Commission 41 1774647 7s Notary Public - CaRtomla 1ry .. / Los AngeNn County Comm Od21,2011 Signature" B. eman, otary Public 22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT „�-f:'I=4Zki�CC:'Ct:�C` .'�Ci't'-4'G`•(:`4`Y_-`fv't:( E:�i�C( C�CJCSi'l`�(iC_`_4'C`-C'.''tC`+`G''�'_Z(1.C:``.JU'��`Cl``CS'e�Ci'C7.`..ii:`_`.i,CC.'Z_'`,G'�`C.,t„_�Z`C.'TC:`L_` STATE OF CALIFORNIA County of Contra Costa On October 13, 2011 before me, Dale personally appeared Uriel Osequera a Kim Do, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) KIM DO Commission # 1951686 z Notary Public - California z Contra Costa County My Comm. Expires Sep 10, 2015 Place Notary Seal Above who proved to me on the basis tisfactory evidence to be the person(s) whose name jy/are subsc�rd to the within instrument andnowledged to me thatha/she/the executed th me in rher/their au orized capacity and that Y}y i /her/their signature O on the instrument th person( or the entity upon behalf of which the perso 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 h nd andofficialseal. Signature OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond #070010481, Private Contract Bond -City of National City -Faithful Performance Document Date: October 13, 2011 Signer(s) Other Than Named Above: N/A Capacity(ies) Claimed by Signer(s) Signer's Name: Uriel oseguera Li Individual 2. Corporate Officer Title(s):Assistant Treasurer ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Chevron Environmental Management Company RIGHTTHUNBPRINT OF SIGNER Top of thumb here Number of Pages: 1 Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner ❑ Limited ❑ -heral ❑ Attorney in Fact ❑ Trustee ❑ Guardian or C ❑ Other: or Top of thumb here r Is Representing: :Gc C t cry �ctit c(c8e(c4z c�c�4 cC c 23 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4542753 This Power.of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SAFECO INSURANCE COMPANY OF AMERICA SEATTLE, WASHINGTON POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Safeco Insurance Company of America (the "Company"), a Washington stock insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint E. S. ALBRECHT, JR., TRACY C. ASTON, C. K. NAKAMURA, LISA L. THORNTON, MARIA PENA, MARINA TAPIA, EDWARD C. SPECTOR, KD CONRAD, BRENDA WONG, SIMONE GERHARD, NOEMI QUIROZ, B. ALEMAN, ALL OF THE CITY OF LOS ANGELES, STATE OF CALIFORNIA , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding SEVEN HUNDRED FIFTY MILLION AND001100"'"'" ****** DOLLARS ($ 750,000,000.00*************** ******) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE IV - Execution of Contracts: Section 12. Surety Bonds and Undertakings. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitations as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and executed, such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article IV, Section 12 of the By-laws, Garnet W. Elliott, Assistant Secretary of Safeco Insurance Company of America, is authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Sateco Insurance Company of America has been affixed thereto in Plymouth Meeting, Pennsylvania this 26th day of April 2011 SAFECO INSURANCE COMPANY OF AMERICA By li✓- 1 Garnet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY Onthis _26th day of April , 2011 , before me, a Notary Public, personally came Garnet W. Elliott to me known, and acknowledged that he is an Assistant Secretary of Safeco Insurance Company of America; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Sateco Insurance Company of America thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREO ve'tfea no subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. i -tE By a Tere Pastella, Notary Public CERTIFICATE I, the undersigned, Assisiapf- Safeco Insurance Company of America, do hereby certify that the original power of attorney of which the foregoing is a full, true and cdrrect py, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article IV, Section 12 of the By-laws of Safeco Insurance Company of America. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Sateco Insurance Company of America at a meeting duly called and held on the 18th day of September, 2009. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TEseeptivloww, I have hereunto subscribed my na axed the corporate seal of the said company, this day of 24 Davi d M. Carey, Assistant Secretary T w to C y T C C _ O CR) (1) Ca) E o a O Q M cJ •.- In 0 t •-of O c ar °C C) Ts 0 0 ..0 Ec5 CY) co O 0 car !0 CO JACK MILLER DIRECTOR August 22, 2011 CToxxxcty of San DEPARTMENT OF ENVIRONMENTAL HEALTH LAND AND WATER QUALITY DIVISION P.O. BOX 129261, SAN DIEGO, CA 92112-9261 858-505-670011-800-253.9933 www.sdcdeh.org Mr. Eric Roehl Chevron Products Company P.O. Box 2292 Brea, California 92822-2292 Dear Mr. Roehi: ANDrovc1 ELIZABETH POZZEBON ASSISTANT DIRECTOR UNAUTHORIZED RELEASE #H13517-001 WORKPLAN APPROVAL 105 WEST 8TH STREET, NATIONAL CITY, CALIFORNIA 91950 This letter has been prepared in accordance with the requirements set forth in Title 23 (State Underground Storage Tank Regulations), Division 3, Chapter 16, Article 11, Section 2722. The purpose of this letter is to notify the Responsible Party of the status of the Workplan received by the County of San Diego, Site Assessment and Mitigation Program (SAM), on June 13, 2011. The Workplan, dated June 10, 2011, prepared by Stantec Consulting Corporation (Stantec), covers one of the following phases of corrective action: Preliminary Site Assessment ( ) Soil and Water Investigation (X) Corrective Action Plan ( ) Verification Monitoring ( ) Interim Remedial Action ( ) The Workplan, that proposes the installation of four groundwater monitoring wells, has been: () approved. ( ) disapproved -call the undersigned for further instructions. (X) approved with the following changes or conditions: • In additional to the proposed soil sampling criteria, samples should also be collected at changes in lithology, if contamination is observed, the capillary fringe, and at depths where contamination had been observed during previous investigations. This approval is valid for 90 days from the date of this letter. Keep this letter for your records as it may be required for corrective action cost reimbursement under Senate Bill 2004 (California Health and Safety Code, Division 20, Chapter 6.75, Article 6)_ T,, '�. ::i.r i pu; ...�i ,. i�'d a,gfi; eaaer-ifnp, par aner inp ana science' 25 Mr. Eric Roehl - 2 - August 22, 2011 As a reminder, please continue submitting all of the soil and groundwater data electronically into GeoTracker based on our letter dated July 13, 2005. The need for further site characterization and mitigation actions will be determined following evaluation of the written report. If you have any questions, please call me at (858) 505-6978. Sincerely, CRAIG M. BURNETT, PG 8182 Environmental Health Specialist Site Assessment and Mitigation Program CMB:kd cc: Larry Higinbotham, Thrifty Oil Corporation Patricia Beard, Community Development Commission of National City Brian Waite, Stantec WPM 13517-001-811 W PA 26 RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS LOCATED IN THE PUBLIC RIGHT OF WAY ADJACENT TO 105 WEST 8TH STREET WHEREAS, Stantec Consulting Company, on behalf of Chevron Environmental Management Company, is proposing four monitoring wells within the public right-of-way to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the proposed sites for the wells are adjacent to 105 West 8th Street on West 8th Street, Hoover Avenue, West 9th Street, and in the alley between Hoover Avenue and Roosevelt Avenue; 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 authorizes the Mayor to execute an Encroachment Permit and Agreement with the Chevron Environmental Management Group for the installation of four groundwater monitoring wells within the public right-of-way at 105 West 8th Street on West 8th Street, Hoover Avenue, West 9th Street, and in the alley between Hoover Avenue and Roosevelt Avenue, as required by the County of San Diego Department of Health Environment. Said Encroachment Permit and Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of March, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 CHEVRON ENVIRONMENTAL MANAGEMENT CO. RESOLUTION NO. 2012-60 Adopted 03-06-12 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Permit and Agreement with Chevron Environmental Management Company for the installation of four groundwater monitoring wells located in the public right of way adjacent to 105 West 8th Street Received 1 Fully Executed Original Encroachment Agreement Signature Print Name Date 110 1TNOI1VN JO All'J cn