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HomeMy WebLinkAbout2013 CON (Encroachment Agreement) Chevron - Monitoring WellsREINSTATEMENT AND AMENDMENT NUMBER ONE TO MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY This Reinstatement and Amendment to Agreement ("the Amendment") is entered into this 5th day of November, 2013, by and between the City of National City, a municipal corporation ("CITY"), and Chevron Environmental Management Company (the "PERMITEE"). RECITALS A. The CITY and the PERMITEE entered into a Monitoring Well Encroachment Permit and Agreement on November 23, 2010 ("the Agreement"), wherein the PERMITTEE was granted the right to encroach upon City property for the purpose of installing monitoring wells, namely on 8th Street (W-26) and in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street (W-27). B. Monitoring well W-26 was installed on January 7, 2011, and closed on April 28, 2011, at the request of the City due to future 8th Street improvements. C. Monitoring well W-27 was installed on January 6, 2011 and is still in existence and monitored semi-annually. D. The Permitee seeks to extend the Agreement for two additional years so that groundwater monitoring can continue to occur. E. The Agreement requires the Pen-nitee to obtain City permission to extend the term of the Agreement and the PERMITTEE has requested a time extension for an additional two (2) years, from November 23, 2012 to November 23, 2014. NOW, THEREFORE, the parties hereto agree as follows: 1. The Agreement entered into on November 23, 2010, is reinstated and amended to extend the expiration date for monitoring well W-27 until November 23, 2014. 2. That with the foregoing exception, each and every term and provision of the Agreement dated November 23, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. Signature page to follow Page - 1 - of 2 Amendment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 CITY OF NATIONAL CITY By n Morrison, Mayor PRAS TO FORM: u•ia a ilva City Attom CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY (Corporatign — signatures of two corporate officers) By: / i �•v ��< � _ J � , (Name) Frank G. Soler By: (Print) Assistant Secretary (Title) (Name) Michael W. Woody (Print) Assistant Secretary (Title) Page - 2 - of 2 Amendment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 ACKNOWLEDGMENT State of California County of Contra Costa On October 9th, 2013 before me, Amie Bogaard, Notary Public (insert name and title of the officer) personally appeared Frank G. Soler and Michael W. Woody who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) id/are subscribed to the within instrument and acknowledged to me that he sl /they executed the same in b>is/btier/their authorized capacity(ies), and that by b.isikerritheir 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) AMIE BOGAARO Commission # 1972516 Notary Public - California Contra Costa County 5Y! Comm. Expires Apr 4, 2016 J RESOLUTION NO. 2013 — 166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE REINSTATEMENT AND AMENDMENT NUMBER ONE TO THE MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR MONITORING WELL W-27 ENCROACHING INTO THE ALLEY BETWEEN ROOSEVELT AVENUE AND HOOVER AVENUE SOUTH OF 8TH STREET FOR CONTINUED MONITORING AS REQUIRED BY THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH WHEREAS, the City and Chevron Environmental Management Company ("Chevron") entered into an Agreement on November 23, 2010, allowing Chevron to encroach on City right-of-way to install and monitor wells on 8th Street (W-26) and in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street (W-27) for a maximum of two years, requiring the applicant to inform the City if additional time would be needed for groundwater monitoring, and requiring the City's written approval for any time extension; and WHEREAS, Monitor Well W-26 was installed on January 7, 2011 and closed on April 28, 2011 at the City's request based on future 8th Street improvements; and WHEREAS, Monitoring Well W-27 was installed on January 6, 2011, continues in existence, and is monitored semi-annually; and WHEREAS, Chevron is asking to reinstate the Agreement and extend it for two additional years, from November 23, 2012 to November 23, 2014, so that groundwater monitoring can continue to occur; and WHEREAS, the County of San Diego Department of Environmental Health requires continued groundwater monitoring of Monitor Well W-27. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Reinstatement and Amendment Number One to Monitoring Well Encroachment Permit and Agreement by and between the City of National City and Chevron Environmental Management Company for Monitoring Well W-27 encroaching into the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street for continued monitoring, as required by the County of San Diego Department of Environmental Health. PASSED and ADOPTED this 5th day of November, 013. ATTEST: � Michael R. Dalla, ity Clerk on Morrison, Mayor P OVED AS TO FORM: is Gacitua Silva City Attorney Passed and adopted by the Council of the City of National City, California, on November 5, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California i r14/1( ofthe P Ck City City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-166 of the City of National City, California, passed and adopted by the Council of said City on November 5, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ao2, '01 -y ETING DATE: November 5, 2013 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City approving Reinstatement and Amendment Number One to Monitoring Well Encroachment Permit and Agreement by and between the City of National City and Chevron Environmental Management Company for Monitoring Well (W-27) encroaching into the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street for continued monitoring as required by the County of San Diego Department of Environmental Health. PREPARED BY: Stephen Manganiello PHONE: (6191 336-4382 EXPLANATION: See attached. DEPARTME Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT No financial impact ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. Explanation 2. Amendment No. 1 to Agreement 3. Resolution Explanation The City of National City and Chevron Environmental Management Company entered into an agreement on November 23, 2010, wherein Chevron was granted the right to encroach upon City property for the purpose of installing monitoring wells on 8th Street (W-26) and in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street (W-27). The Agreement states that the well may exist in the public right-of-way for a maximum of two years. The applicant is required to inform the City if additional time will be required for groundwater monitoring and shall obtain the City's written approval for any time extension. Monitor well W-26 was installed on January 7, 2011 and closed on April 28, 2011, at the request of the City due to future 8th Street improvements. Monitoring Well W-27 was installed on January 6, 2011 and is still in existence and monitored semi-annually. The County of San Diego Department of Environmental Health requires continued groundwater monitoring of well W-27. Therefore, Chevron Environmental Management Company has requested to extend the Agreement for two additional years from November 23, 2012 to November 23, 2014 so that monitoring can continue. If approved, the Agreement entered into on November 23, 2012 will be reinstated and will extend the expiration date for monitoring well W-27 until November 23, 2014. All other terms and provisions of the original Agreement shall remain in full force and effect. REINSTATEMENT AND AMENDMENT NUMBER ONE TO MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY This Reinstatement and Amendment to Agreement ("the Amendment") is entered into this 5th day of November, 2013, by and between the City of National City, a municipal corporation ("CITY"), and Chevron Environmental Management Company (the "PERMITEE"). RECITALS A. The CITY and the PERMITEE entered into a Monitoring Well Encroachment Permit and Agreement on November 23, 2010 ("the Agreement"), wherein the PERMITTEE was granted the right to encroach upon City property for the purpose of installing monitoring wells, namely on 80 Street (W-26) and in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street (W-27). B. Monitoring well W-26 was installed on January 7, 2011, and closed on April 28, 2011, at the request of the City due to future 8t' Street improvements. C. Monitoring well W-27 was Installed on January 6, 2011 and is still in existence and monitored semi-annually. D. The Permitee seeks to extend the Agreement for two additional years so that groundwater monitoring can continue to occur. E. The Agreement requires the Permitee to obtain City permission to extend the term of the Agreement and the PERMITTEE has requested a time extension for an additional two (2) years, from November 23, 2012 to November 23, 2014. NOW, THEREFORE, the parties hereto agree as follows: '. 1. The Agreement entered into on November 23, 2010, Is reinstated and amended to extend the expiration date for monitoring well W-27 until November 23, 2014. 2. That with the foregoing exception, each and every term and provision of the Agreement dated November 23, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. Signature page to follow Page - 1 - of 2 Amendment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 1 CITY OF NATIONAL CITY CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY (Corn n — signatures of two corporate officers) By: By: Ron Morrison, Mayor (Name) Frank G. Soler (Print) Assistant Secretary APPROVED AS TO FORM: (Title) Claudia G. Silva City Attorney By: (Name) Michael W. Woody /' (Print) Assistant Secretary (Title) Page - 2 - of 2 Amendment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 2 ACKNOWLEDGMENT State of California County of Contra Costa On October 9th, 2013 before me, Amie Bogaard, Notary Public (insert name and title of the officer) personally appeared Frank G. Soler and Michael W. Woody who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) iStare subscribed to the within instrument and acknowledged to me that he/bite/they executed the same in I}r5/yr/their authorized capacity(ies), and that by hit/Or/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. Signature (Seal) AMIE BOGAARD 1..; Commission s 1972516 ]I�� Notary Public - California q�/ Contra Costa County f. "° '� at Comm. Exfi_es Apr 4, 2016 3 RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE REINSTATEMENT AND AMENDMENT NUMBER ONE TO THE MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR MONITORING WELL W-27 ENCROACHING INTO THE ALLEY BETWEEN ROOSEVELT AVENUE AND HOOVER AVENUE SOUTH OF 8TH STREET FOR CONTINUED MONITORING AS REQUIRED BY THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH WHEREAS, the City and Chevron Environmental Management Company ("Chevron") entered into an Agreement on November 23, 2010, allowing Chevron to encroach on City right-of-way to install and monitor wells on 8th Street (W-26) and in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street (W-27) for a maximum of two years, requiring the applicant to inform the City if additional time would be needed for groundwater monitoring, and requiring the City's written approval for any time extension; and WHEREAS, Monitor Well W-26 was installed on January 7, 2011 and closed on April 28, 2011 at the City's request based on future 8th Street improvements; and WHEREAS, Monitoring Well W-27 was installed on January 6, 2011, continues in existence, and is monitored semi-annually; and WHEREAS, Chevron is asking to reinstate the Agreement and extend it for two additional years, from November 23, 2012 to November 23, 2014, so that groundwater monitoring can continue to occur; and WHEREAS, the County of San Diego Department of Environmental Health requires continued groundwater monitoring of Monitor Well W-27. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Reinstatement and Amendment Number One to Monitoring Well Encroachment Permit and Agreement by and between the City of National City and Chevron Environmental Management Company for Monitoring Well W-27 encroaching into the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street for continued monitoring, as required by the County of San Diego Department of Environmental Health. PASSED and ADOPTED this 5th day of November, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney REINSTATEMENT AND AMENDMENT NUMBER ONE TO MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY This Reinstatement and Amendment to Agreement ("the Amendment") is entered into this 5th day of November, 2013, by and between the City of National City, a municipal corporation ("CITY"), and Chevron Environmental Management Company (the "PERMITEE"). RECITALS A. The CITY and the PERMITEE entered into a Monitoring Well Encroachment Permit and Agreement on November 23, 2010 ("the Agreement"), wherein the PERMITTEE was granted the right to encroach upon City property for the purpose of installing monitoring wells, namely on 8th Street (W-26) and in the alley between Roosevelt Avenue and Hoover Avenue south of 8th Street (W-27). B. Monitoring well W-26 was installed on January 7, 2011, and closed on April 28, 2011, at the request of the City due to future 5th Street improvements. C. Monitoring well W-27 was installed on January 6, 2011 and is still in existence and monitored semi-annually. D. The Permitee seeks to extend the Agreement for two additional years so that groundwater monitoring can continue to occur. E. The Agreement requires the Permitee to obtain City permission to extend the term of the Agreement and the PERMITTEE has requested a time extension for an additional two (2) years, from November 23, 2012 to November 23, 2014. NOW, THEREFORE, the parties hereto agree as follows: 1. The Agreement entered into on November 23, 2010, is reinstated and amended to extend the expiration date for monitoring well W-27 until November 23, 2014. 2. That with the foregoing exception, each and every term and provision of the Agreement dated November 23, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. Signature page to follow Page - 1 - of 2 Amendment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 CITY OF NATIONAL CITY CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY (Corporation — signatures of two corporate officers) By: By: 1 Ron Morrison, Mayor (ame) Frank G. Soler (Print) Assistant Secretary APPROVED AS TO FORM: (Title) Claudia G. Silva City Attorney By: (Name) Michael W. Woody (Print) Assistant Secretary (Title) Page - 2 - of 2 Amendment No. 1 to Agreement by and between City and Chevron Environmental Management Company for Monitoring Well W-27 ACKNOWLEDGMENT State of California County of Contra Costa On October 9th, 2013 before me Amie Bogaard, Notary Public (insert name and title of the officer) personally appeared Frank G. Soler and Michael W. Woody who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is'lare subscribed to the within instrument and acknowledged to me that be/slre/they executed the same in bis/ber/their authorized capacity(ies), and that by bisiher/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. Signature jkl(KA:CA (Seal) AMIE BOGAARD Commission # 1972516 [_ Notary Public - California Contra Costa County "" ` My Comm. Expires A r 4, 2016 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk November 14, 2013 Ms. Sharon Vasquez Chevron Environmental Management Company Marketing Business Unit 145 South State College Blvd., Room 5075 Brea, CA 92821 Dear Ms. Vasquez, On November 5th, 2013, Resolution No. 2013-166 was passed and adopted by the City Council of the City of National City, authorizing execution of a Reinstatement and Amendment #1 to the Monitoring Well Encroachment Permit and Agreement with Chevron Environmental Management Company. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Reinstatement and Amendment. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.