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HomeMy WebLinkAbout2014 CON (Encroachment Agreement) Frank Moters - Monitoring Wells 3150 National City BlvdPLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: SOS Engineers 8799 Balboa Avenue, Suite 200 San Diego, California 92123 AND WHEN RECORDED MAIL TO: CITY CLERK OF NATIONAL CITY 1243 National City Blvd. National City, CA 91950 mi�uimiuiiimioiu�uiii�iuniwiuuiiiiiuuniiuim MAR 18, 2014 10:25 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 WAYS: 2 PAGES 19 IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Monitoring Well Encroachment Permit and Agreement and Resolution 2014-25 (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION RESOLUTION NO. 2014 — 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH FRANK MOTORS, INC., LOCATED AT 3150 NATIONAL CITY BOULEVARD, FOR THE INSTALLATION OF THREE GROUNDWATER MONITORING WELLS IN THE PUBLIC RIGHT-OF-WAY ALONG NATIONAL CITY BOULEVARD AND WEST 33RD STREET, AS DIRECTED BY THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH WHEREAS, Frank Motors, Inc., the owner of the property located at 3150 National City Boulevard, has been directed by the County of San Diego Department of Environmental Health to install three new groundwater monitoring wells in the public right-of-way along National City Boulevard and West 33rd Street for sampling and reporting of groundwater contaminants; and WHEREAS, Frank Motors, Inc., has contracted with SCS Engineers to install the monitoring wells and perform the sampling . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Frank Motors, Inc., for the installation of three groundwater monitoring wells in the public right-of-way along National City Boulevard and West 33rd Street for sampling and reporting of groundwater contaminants. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of March ATTEST: Michael R. Della, Cit irk ROVED AS TO FORM: Cla : is G Attor a Silva on orrison, Mayor Passed and adopted by the Council of the City of National City, California, on March 4, 2014 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 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. 2014-25 of the City of National City, California, passed and adopted by the Council of said City on March 4, 2014. CI rk of the City of{ By: Deputy City National City, California FEE: $490.00 MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Frank Motors.. Inc. (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 arc 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 PERM!T I EE 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 PERMITTEF'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 PERMI'I"I EE 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 encroachmentand the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the Cl'IY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's entry upon and use of CITY's easement or right-of-way for the installation, maintenance, removal, and use of the PERMITTEE's encroachment. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this Agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. 7. Insurance. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) aggregate, covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars (S3,000,000) 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 9. This Encroachment Permit shall not be valid nor confer any rights to install and maintain an encroachment until it is approved by the CITY, and accepted and acknowledged by the PERMITTEE, and if determined necessary' by the CITY, recorded. 10. PERMITTEE shall within 48 hours upon written notification by the CITY adjust, or cause to adjust the top of the well on „,,if and when such adjustment will become necessary a. a result of CITY's street resurfacing, or other construction operations'`' N4tTa.0( C, y wet o«d W. 3;"iSf 11. PERMITTEE shall provide and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation within the CITY right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMIT TEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTE.E shall apply to the City Engineer for a construction permit prior to the installation of the well on Af;4,,r1-,,'x d for Blvd. 33 subsequent adjustments. s 14. All operations conducted by the PERMITTEE., on the CI I Y premises, including /409— monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour, or the damage which might result from the PERMIT'TEE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state, and federal safety and health standards, laws, and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PE RMITTE,h, shall inform the CITY if additional time wilt be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 3 Encroachment Permit and Agreement Monitoring Well 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this Encroachment Agreement. 22. The well cap installed under this permit shall have information printed giving the name and phone number of the responsible entity in charge of the installation and maintenance of the well. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report; a copy of the Department of Health Services, County of San Diego response; and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. Dated: CITY 'i NATIONAL CITY PERMITTEE: CITY jrn Morrison, Mayor Frank Motors, Inc. En ' /Compafiy Signat ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Chris Crosby Person in Responsible Charge 619-920-1107 24/7 Phone Number Mailing Address: Frank Motors Atten: Jerry Drewett 3150 National City Blvd. SCS Engineers National City, CA 91950 Firm Name 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT fi .d State of California County of all 1 tqo } DEC 2 6 2013 SCS ENGINEER' CIVIL CODE § 1189 On 1 % .befo e mH.014 Qw f i y(No\ �/Daa e Here Insertthe Officer personally appeared J a�QS�� ame(s) of Signer(s) ColigaillaiVaissias • 2001l11 = a fll to is ' CaIlonlis _ �. / MIrisioapie IDM1u County t 2017 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ar4-- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/faecltbeir- authorized capacity(ies), and that by his/bwr1tbeir- 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 Iland and ocial seal. Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: • Corporate Officer — Title(s): C Individual C Partner — [- Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited C General El Attorney in Fact Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) RIGHT THUMBPRINT OF SIGNER Top of thumb here Item #5907 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? Approximately 3-4 weeks from receiving the approved encroachment permit 2) What is the time required to install each well? Approximately 2 days for all 3 wells 3) How long will the wells remain in the street? Until the County of San Diego DEH grants site closure and authorizes the destruction of the wells. 4) How long will the abandonment of the wells be? (time frame) 2 days for 3 wells 5) How often will the wells be monitored and sampled? Quarterly 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? Frank Motors, Inc. is responsible for such and all work will be performed by SCS Engineers under contract with Frank Motors, Inc. 8) Who will be responsible for top of well head adjustments? Frank Motors, Inc. is responsible for such and all work will be performed by SCS Engineers under contract with Frank Motors, Inc. rkVv 1 11 • / M W7 (257) Pans ��_;IV31) Forme, Building M'WG 1 0-gall (72.7) y `, waste oil UST (907) M%ti2A7c.> M31\114 MVV � M`I1\ i y (825) W8 p.21) (<214.7 �M1f1J1j S� i (7550) Parking (<2l> _1,D 00 A 1 Forme re)p.or \M1112 I ,1A%?s Eno -gallon Car Storage 4) EXPLANATION Monitoring well location indicated in ?r=;e=n. proposed for continued groundwater sampling. (2) Parking Monitoring well location indicated in rea proposed to be omitted from future groundwater sampling. Reported concentrations of methyl tertiary butyl ether (MTBE) reported in micrograms per liter (pg/L) in February 2011. < = not reported above laboratory reporting limit for given analyte. 150-concentration contours of MTBE reported in micrograms per liter (pg/L) in February 2011. Dashed where estimated, queried / where unknown. — — Property Boundary Interpreted extent of former underground storage tank (UST) excavation based on the Converse Environmental West (CEW) report dated 8/13/92. Interpreted Febuary 2011 groundwater gradient direction with estimated magnitude shown. COC - Constituents of Concern Disclaimer: This figure is based on available data. Actual conditions may differ. All locations and dimensions are approximate. MW4 4 /333 ) (150) gasoline UST 1:p0'• ifls7d fl��" Tom Moynahan's Towing *(1, 250) National Self Storage C a r Dealership Proposed. New Monitoring Well Locations Vacant Lot Quarterly Monitoring and Sampling Recommended Monitoring Program Wei Status for Monitoring and Sampling Relative Location in Dissolved Phase Plume Rationale MW1A Quarterly Monitoring and Sampling Source, Center of Mass MTBE above MCLs MW2 Quarterly Monitoring and Sampling Source, Center of Mass Stable benzene and stable MTBE concentration trend. Low R2 values indicate highly variable data set MW3 Water Level Monitoring Only Source Decreasing benzene ca ncentration trend aver last four sampling events MW4 Water Level Monitoring Only Lateral Extent East Decreasing MTBE concentration trend over* e last 4 sampling events. MW5 Water Level Monitoring Only Upgradient MTBE below MCL and decreasing concentration trends MW6 Quattedy Monitoring and Sampling Lateral Extent Southwest Increasing MTBE and TBA concentration trend over last 4 sampling events MW7 Water Level Monitoring Only Upgradient extent Decreasing or stable CaC concentration trends MWS Water Level Monitoring Only Source (West) Decreasing CoC concentration trends MW9 Water Level Monitoring Only Upgradient MTBE below MCL and decreasing COC concentration trends MW10 Water Level Monitoring Only Lateral Extent West MTBE concentrations below MCL; TRA decreasing concentration trend MWii Water Level Monitoring Only Lateral Extent West Decreasing COC concentration trends, CoC concentrations below reporting limits MWI2 Water Level Monitoring Only Lateral Extent. Southwest MTBE and TBA decreasing concentration trends; benzene below reporting limit for threemnserutive sampling events. MW13 Quarterly Monitoring and Sampling Center of Mass, Axis Downgradient of source MW14 Water l evel Monitoring Only Lateral Extent, West Decreasing CoCs concentration trends and (of below MCLs MW15 Quarted SMtrpling Monitoring and Lateral Extent, East Establish lateral plume control MW16 Quarterly Sampinng rig and Center of Mass Increasing MTBE and TBA concentration trend MW17 Water Level Monitoring Only Upgradient, northeast Background, no historical detections of CoCs MW18 Quarterly Samplining rig and Lateral Extent East Proposed welt No trend established MWIS Quartedy SMronrtngrig and Center of Mass, Axis Proposed welt No trend established MW20 QuarterlySampling oririg and Lateral Extent South Proposed well; No trend established GS monitoring well Sloped \Embankment C a I t r a n s Easement (sloped) SCS ENGINEERS Environmental Consultants 8799 Balboa Avenue, Suite 290 San Diego, California 92123 Vacant Lot 0 40 BO 120 Approximate Graphic Scale in Feet Jth Project No.: PROPOSED MONITORING WELL LOCATIONS 11991767.08 Frank Motors 3150 National City Boulevard Exhibit A National City, California Date Drafted: 3114114 M ♦ (8297-m12}t`�j1j �� s 1)(<21 'O / (6801 %MI\ woh o9 (7.550) ,letess, (<2) Parking IL'A)/t`7 �e (257) Parts gaM� i �s�tfV3 Building t (139) Former . rvV9 r` 1000-gallon% ` 9 (12.7) ss waste oil UST es (9.07) rtvllGh'c,,,. 1/4 M V V 1 0 7' —Mtrvv* (33. 91 2 a1tip,` i 5000-gallon (� T(18 6) (150) gasoline UST Car Storage ated in ,;) proposed for continued / \ Former ated in ter proposed to be omitted from future nethyl tertiary butyl ether (MTBE) reported in February 2011. <= not reported nit for given analyte. f MTBE reported in micrograms per Dashed where estimated, queried lnderground storage tank (UST) excavation 'onmental West (CEW) report dated 8/13/92. 7undwater gradient direction with ern Ile data. Actual nensions are approximate. Tom Moynahan's Towing Oa 9, (38 0) 0 9a a Planter (1,250) so 0st National Self Storage Car Dealership Mco-h=i-I e \H ohm e P, arsk>\ Proposed New Monitoring Well Locations St Planter N Vacant Lot Quarterly Monitoring and Sampling Recommended Monitoring Program Wed Status for Monitoring and Sampling Relative Location in Dissolved Phase Plume Rationale MW1A Quarterly Monitoring and Sampling Source, Center of Mass MTBE above MCLs MN', Monitoring and Sampling Sampling Source, Center of Mass Stable benzene and stable MTBE concentration trend. Low R2 values indicate highly variable data set MW3 Water Level Monitoring Only Source Decreasing benzene concentration trend over last four sampling events MW4 Water Level Monitoring Only Lateral Extent East Decreasing MTBE concentration trend over the last 4 sampling events. MWS Water Level Monitoring Only Upgradient MTBE below MCL and decreasing concentration trends MW6 Quarterly Monitoring and Sampling Lateral Extent Southwest Increasing MTBE and TBA concentration trend aver last4 sampling events MW7 Water Level Monitoring Only Upgradient extent Decreasing or stable CoC concentration trends MW13 Water Level Monitoring Only Source (West) Decreasing CoC concentration trends MW9 Water Level Monitoring Only Upgradient MTBE below MCL and decreasing CoC concentration trends MWIO Water Level Monitoring Only Lateral Extent West MTBE concentrations below MCL; TBA decreasing concentration trend MW71 Water Level Monitoring Only Lateral Extent, West Decreasing CoC concentration trends, CoC concentrations below reporting limits MW12 Water Level Monitoring Only Lateral Extent, Southwest MTBE and TBA decreasing concentration trends; benzene below reporting limit for three consecutive sampling event MW13 Quarterly Monitoring and Sampling Center of Mass, Axis Downgradient of source MW14 Water L evel Monitoring Only Lateral Extent West Decreasing CoCs concentration trends and CoC below MCLs MW15 Quarterly amplm9 ng and Lateral Extent East Establish lateral plume control MW16 QuarterlySampling Monitoring and Center of Mass Increasing MTBE and TBA concentration trend MW17 Water Level Monitoring Only Upgradient, northeast Background, no historical detections of CoCs MW1B Quarterly Monitoring and Sampling Lateral Extent East Proposed well: No trend established MW19 QuartedSy Mfo�i'n9 ng and Center of Mass, Axis Proposed well; No trend established MW20 Quarterly rMonitoring and Lateral Extent South Proposed well; No trend established I rSGS monitoring well Y 5 s Sloped \E m b a n k m e n t C a I t r a n s Easement (sloped) Vacant Lot f•J�� 0 40 BO 120 Approximate Graphic Scale in Feet SCS ENGINEERS Environmental Consultants 8799 Balboa Avenue, Suite 290 San Diego, California 92123 PROPOSED MONITORING WELL LOCATIONS Frank Motors 3150 National City Boulevard National City, California Project No.: 11991767.08 Exhibit A Date Drafted: 3/14/14 EXHIBIT "A" MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego, Caiifomia 92123 PROJECT NUMBER: 11991767.08 BORING/WELL NUMBER: MW18 SITE: 3150 National City Blvd., National City, CA CLIENT: Frank Motors COUNTY & PERMIT #:TBD DRILLER: TBD DATE OF INSTALLATION: TBD PREPARED BY: Chris Crosby J K A CONSTRUCTION DETAILS Surface Elevation Top of Casing Elevation A. Total Depth TBD TBD 30 ft B. Boring Diameter 8 in C. Casing Length 30 ft Casing Material PVC D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 2 in 15ft 15ft 0.020 in 13ft #3 Sand 3ft Bentonite Chips I. Depth to Top of Fill Material 3 ft Annular Fill Material Bentonite Chips J. Surface Seal Dimensions Radial or Square or Other Surface Seal Material 3 ft Diameter Radial Concrete K. Type and Size of Protective Casing: 12 in Traffic Box Notes: Prepared by: Chris Crosby Date: 1/2/2014 Reviewed by: Date: F:1Projects19911750 to 1800\99E1767 (Frank Motors Group)111991767.08 3150 Nat'l CitytAdditional Site Assessment (2013)1Permitting\WellCompletion MW18.xls EXHIBIT "A" MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego, California 92123 PROJECT NUMBER: 11991767.08 BORING/WELL NUMBER: MW19 SITE: 3150 National City Blvd., National City, CA CLIENT: Frank Motors COUNTY & PERMIT #: TBD DRILLER: TBD DATE OF INSTALLATION: TBD PREPARED BY: Chris Crosby J A CONSTRUCTION DETAILS Surface Elevation Top of Casing Elevation A. Total Depth TBD TBD 30 ft B. Boring Diameter 8 in C. Casing Length 30 ft Casing Material PVC D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 2 in 15 ft 15 ft 0.020 in 13 ft #3 Sand 3ft Bentonite Chips I. Depth to Top of Fill Material 3 ft Annular Fill Material Bentonite Chips J. Surface Seal Dimensions Radial or Square or Other Surface Seal Material 5ftx5ft Square Concrete K. Type and Size of Protective Casing: 12 in Traffic Box Notes: Prepared by: Chris Crosby Date 1/2/2014 Reviewed by: Date: F:\Projects199\1750 to 1800199E1767 (Frank Motors Group)111991767.08 3150 Nat'l City\Additional Site Assessment (2013)\Permitting \WellCompletion MW19.xls EXHIBIT "A" MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue. Suite 290 San Diego, California 92123 PROJECT NUMBER: 11991767.08 BORING/WELL NUMBER: MW20 SITE: 3150 National City Blvd., National City, CA CLIENT: Frank Motors COUNTY & PERMIT #: TBD DRILLER: TBD DATE OF INSTALLATION: TBD PREPARED BY: Chris Crosby J A CONSTRUCTION DETAILS Surface Elevation Top of Casing Elevation A. Total Depth TBD TBD 30 ft B. Boring Diameter 8 in C. Casing Length 30 ft Casing Material PVC D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 2 in 15 ft 15ft 0.020 in 13ft #3 Sand 3ft Bentonite Chips I. Depth to Top of Fill Material 3 ft Annular Fill Material Bentonite Chips J. Surface Seal Dimensions Radial or Square or Other Surface Seal Material 2.5 ft x 2.5 ft Square Concrete K. Type and Size of Protective Casing: 8 in Traffic Box Notes: Prepared by: Chris Crosby Date: 1 /2/2014 Reviewed by: Date: F:\Projects199\1750 to 1800\99E1767 (Frank Motors Group)\11991767.08 3150 Nat'l City\Additional Site Assessment (2013)1Permitting\WellCompletion MW20.xls € A` OBI E> CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/05/2013 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 Risk Insurance Ser'vlces West, Inc. Los Angeles CA Office 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA CONTACT PHMN: E (NC NNo. Ext): (866) 283-7122 FAX. No.): 800-363-0105 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA INSURER A: AIG Specialty Insurance Company 26883 INSURERB: National Uni on Fire Ins Co of Pittsburgh 19445 INSURER C: The Insurance Co of the State of PA 19429 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570052137134 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADOL INSR SUBR WVD POUCY NUMBER POUCY EFF (MM/DDIYYYY POLICY EIIP- MM/DO/YYYY) LIMITS A GENERAL UABILITY PROP17322480 03/31/2D1� I3/31/2014 EACH OCCURRENCE S2,000,000 — X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea ocwrrence) 81,000, 000 CLAIMS -MADE )7 OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY 82,000,000 GENERAL AGGREGATE 52,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPiOP AGG S2,000,000 PRO- LOC POLICY n FCT B AUTOMOBILE UABILITY CA 327-51-37 03/31/2013 03/31/2014 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X ANY AUTO BODILY INJURY ( Per person) X ALL OWNED A HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accdent) A I UMBRELLA UAB X OCCUR PRDU17322481 03/31/2013 03/31/2014 EACH OCCURRENCE $5,000,000 X EXCESS LIAR CLAIMS -MADE AGGREGATE $5.000,000 II DED RETENTION C WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY wC048250327 04/01/2013 04/01/2014 X we STATU- TORV LIMITS OTH- ER C C YIN ANY PROPRIETOR I PARTNER! EXECUTIVE OFFICERIMEMBER EXCLUDED? N N/A wc048250326 wC048250328 04/01/2013 04/01/2013 04/01/2014 04/01/2014 E.L. EACH ACCIDENT $1,000,000 (Mandatory in NH) If describe E.L. DISEASE -EA EMPLOYEE $1,000,000 yes under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 A Env Prof (E&0) PROP17322480 Prof/Pal1 Liab 03/31/2013 03/31/2014 Each claim Aggregate 82,000.000 52,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, i more space is required) RE: Job No. 11991767.08, Monitoring Well Encroachment permit. city of National city, its officers, agents and employees are included as Additional insured with respect to the General Liability and Automobile Liability policies; granted a waiver of subrogation for workers' compensation policy and the General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available, as required by written contract, but limited to the operations of the Insured under said contract. CERTIFICATE HOLDER city of National city Attn: City Engineers 1243 National city Blvd. National City CA 91950 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE OATH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Holder Identifier :ACF ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 AM, 3/31/2013 Forms a part of Policy No: PROP 17322480 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED 1 PRIMARY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY In consideration of an additional premium of $Included it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your work for the Additional Insured by or for you. Additional Insured: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT. This does not apply to bodiFy injury or property damage arising out of the sole negligence or willful misconduct of, or for defects in design furnished by, the Additional Insured. As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis This endorsement does not increase the Company's limits of Lability as specified in the Declarations of this policy. All other terms, conditions, and exclusions shalt remain the same. 90667 (04/06) C12791 PAGE 1 OF 1 ENDORSEMENT This endorsement, effective 12:01 A.M. 03/31/2013 forms a part of policy No. CA 3275137 byNATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: WHERE REQUIRED BY WRITTEN CONTRACT I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10/05) Page 1 of 1 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The (clewing "attaching clause need be completed only when this endorsement Is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 4/01 i2013 forms a part of Policy No. WC 4825 03 26 Issued By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVAN I A Premium INCLUDED We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule THE PREMIUM FOR THE ENDORSEMENT IS INCLUDED ANY PERSON OR ORGANIZAITON TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not appiicabte In California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC 00 03 13 (Ed. 04184) Countersigned by Authorized Representative WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy untess a different date is indicated below. (The follawine "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 4/01/2013 forms a part of Policy No. WC 4825 03 27 Issued By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Premium INCLUDED We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule THE PREMIUM FOR THE ENDORSEMENT IS INCLUDED ANY PERSON OR ORGANIZAITON TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC 00 0313 (Ed. 04/84) Countersigned by Authorized Representative BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. {The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01/2013 forms a part of Policy #WC 4825 03 28 By THE INSURANCE COMPANY OF THE STATE Of PENNSYLVAN I A We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be TBD of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) RESOLUTION NO. 2014 — 25 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH FRANK MOTORS, INC., LOCATED AT 3150 NATIONAL CITY BOULEVARD, FOR THE INSTALLATION OF THREE GROUNDWATER MONITORING WELLS IN THE PUBLIC RIGHT-OF-WAY ALONG NATIONAL CITY BOULEVARD AND WEST 33RD STREET, AS DIRECTED BY THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH WHEREAS, Frank Motors, Inc., the owner of the property located at 3150 National City Boulevard, has been directed by the County of San Diego Department of Environmental Health to install three new groundwater monitoring wells in the public right-of-way along National City Boulevard and West 33rd Street for sampling and reporting of groundwater contaminants; and WHEREAS, Frank Motors, Inc., has contracted with SCS Engineers to install the monitoring wells and perform the sampling . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Frank Motors, Inc., for the installation of three groundwater monitoring wells in the public right-of-way along National City Boulevard and West 33rd Street for sampling and reporting of groundwater contaminants. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of Marc ATTEST: Michael R. Della, Cit Clerk ROVED AS TO FORM: is G Attor ua Silva on orrison, Mayor Passed and adopted by the Council of the City of National City, California, on March 4, 2014 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 City Clerk of the City National City, California By: Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-25 of the City of National City, California, passed and adopted by the Council of said City on March 4, 2014. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT - --FETING DATE: March 4, 2014 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City approving and authorizing the Mayor to sign an Encroachment Agreement with Frank Motors, Inc., located at 3150 National City Boulevard, for the installation of three groundwater monitoring wells in the public right-of-way along National City Boulevard and W. 33`d Street, as directed by the County of San Diego Department of Environmental Health PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution approving and authorizing the Mayor to sign an Encroachment Agreement with Frank Motors, Inc. for the installation of three groundwater monitoring wells in the public right of way. BOARD / COMMISSION RECOMMENDATION: N/A ,TTACHMENTS: 1. Explanation 2. Encroachment Agreement 3. Resolution EXPLANATON: Frank Motors, Inc., the owner of the property located at 3150 National City Boulevard, has been directed by the County of San Diego Department of Environmental Health to install three new groundwater monitoring wells in the public right-of-way along National City Boulevard and W. 33`d Street for sampling and reporting of groundwater contaminants. Frank Motors, Inc. has contracted with SCS Engineers to install the monitoring wells and perform the sampling services. The proposed wells shall not exceed thirty feet in total depth, and shall have an eight inch boring, two inch PVC casing, a sand filter pack, annular fill material of Bentonite Chips and a three foot diameter radial concrete surface seal with a twelve inch traffic rated protective casing. FEE: $490.00 MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Frank Motors, Inc. (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. -t- 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's entry upon and use of CITY's easement or right-of-way for the installation, maintenance, removal, and use of the PERMITTEE's encroachment. PERMITTEE shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability. loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this Agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. 7. Insurance. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) per occurrence, and Four Million Dollars ($4,000,000) aggregate, covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy California statutory requirements. In addition, PERMI I TEE 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, PERMI 1 1'EE 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 -2- 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 PERMIT t'EE, and if determined necessary by the CITY, recorded. 10. PERMITTEE shall within 48 hours upon written notification by the CITY adjust, or cause to adjust the top of the well onfand when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operation \ ���( C, y OW. a«d IJ 33"tsf, 11. PERM1TTEE shall provide and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation within the CITY right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the comrnencetnent of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the well on 4/rrn . and for s subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. IS. 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 PERMITFEE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state, and federal safety and health standards, laws, and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMIT 1'EE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the CITY. 3 Encroachment Permit and Agreement Monitoring Well -3- 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this Encroachment Agreement. 22. The well cap installed under this permit shall have information printed giving the name and phone number of the responsible entity in charge of the installation and maintenance of the well. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report; a copy of the Department of Health Services, County of San Diego response; and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. Dated: CITY OF NATIONAL CITY PERMITTEE: Frank Motors, Inc. Ron Morrison, Mayor En . /Comp y Signat re �.:.� CP ACA • 55ft T ame & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Chris Crosby Person in Responsible Charge 619-920-1107 24/7 Phone Number Mailing Address: Frank Motors Atten: Jerry Drewett 3150 National City Blvd. SCS Engineers National City, CA 91950 Firm Name 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 -4- M1f frr DEC 2 6 2013 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT SCS ENGINEERS CIVIL CODE § 1189 ) I) State of California . l County of Of Di � o ) On ( 7J iti 0 before m , HQ(l 6 our o.l'ar \c' , y Here Insert f ame and Title of the Officer y personally appeared �/ a A 01 y) i ame(s) of Signer(s) 91 C vl 9i 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/sbef1b y executed the same in his/herltbeip authorized capacity(ies), and that by rl s his/big/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 C�IiMpN11 � 1i ) paragraph is true and correct. g) WITNESS my .nd and o'icial seal. , iwqriresaammaiwit Oho Cooly 1 1 aL i Aihal laitiL • •i: • • ••. ••. ;,s • ; ,r . m is •. i; .r, . •.r-. .•i--.n-v•.i •. �•�.r-.v rr r.i^.r.i= Da e ( Though the information below is not required by law, it may prove val able to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: h, ❑ Corporate Officer — Title(s): Li_ Corporate Officer — Title(s): , ❑ Individual RIGHT TI-JJNIBPRINT L Individual RIGHT TI#JMBPRINT 71 OF S GNER OF S GNERj ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here y5 LI Attorney in Fact ❑ Attorney in Fact i ❑ Trustee ❑ Trustee � ❑ Guardian or Conservator El Guardian or Conservator ) Place Notary Seal Above Signature: OPTIONAL • i • ❑ Other: ❑ Other: 3) 9) Signer Is Representing: -.\_...-. Signer Is Representing: 5 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 -5- MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? Approximately 3-4 weeks from receiving the approved encroachment permit 2) What is the time required to install each well? Approximately 2 days for all 3 wells 3) How long will the wells remain in the street? Until the County of San Diego DEH grants site closure and authorizes the destruction of the wells. 4) How long will the abandonment of the wells be? (time frame) 2 days for 3 wells 5) How often will the wells be monitored and sampled? Quarterly 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? Frank Motors, Inc. is responsible for such and all work will be performed by SCS Engineers under contract with Frank Motors, Inc. 8) Who will be responsible for top of well head adjustments? Frank Motors, Inc. is responsible for such and all work will be performed by SCS Engineers under contract with Frank Motors, inc. -6- MW14 (21) Padang MW17+ (<2) MW7 (zs7) MWS4„...��r�_ M 0 i,fen)vMWF3 mrio WWII "` ' MlW1 i r. Parana 1 \ 1�(* \W1 /*M3 ✓ "P \MA_12 1'� (150) \ $ids greenly MenbrlM ..e innyelneewanww4! Maar.. Poream YIN Palos %OMsne *. eN Sam.. .adore leubn6 Tes*/Mina PNns tanner PAW,Qrar,seYMnM"Yp a! aanolea Sow , Genr Pl Mew MDT obeys Ma. MW7 Qarely Meer.. and So. asM San, Goer of Mee Dario Moreno robeeM MTNnnv1MMn Mnel be!] voiw Fdlme Moldy yodel. tlee ex MwJ Warr La.alMw.enq [hy Sweat Domain benzene [mow.. I* gran b ion ea. on. MW4 Weer LoveMeebiq any Lewd Fan, En, aka.. MDT 00004 M.. hood cent le b0. mnPMa gonna MW5 Weser Love "'odder Only UpMlae MTH Dolor Ma and 6amag comm.. nn® MWd OshdYMonMn0 a, Semolina lace bsee.5euiwnr Devoe, WOE and TA malaria,neon PM' bl emcee. gown MWl WNer Ley, MMbiF9 any u0Pedl0n Imo Deena, e.#M. 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Mwle Pants Manna a0 Janina La.EmMm, EW Prop* well; No YowaaMaad MW19 goon Monroe. and Sesame Cooler W Ma, Ara PnpaN all,Mesood.0.1.4 Mw)a gyakdyMmbd'0oM EapRq Lateral 4na5au0 One* wok, No bedna1l*M a.v in based on warden dadataAc&W ILw 0Mlulu.,d clansmen. Me epgmaaa. Tan 0 ro 0 05 0 0 L 0 0. A ,bMW16! National Self Storage • • Car Dealership Proposed Nel>j Monitoring Well La anions EXPLANATION MW20% Monitoring well location indicated In green proposed for continued groundwater sampling. M W 17* Monitoring well location indicated in red proposed to be omitted from future groundwater sampling. I<7) Reported concentrations of methyl tertiary butyl ether (MTBE) reported in micrograms per liter (pg/L) in February 2011. < = not reported above laboratory reporting Ilrnit for given analyte. Isoconcentration coMours of MTBE reported in micrograms per Ilter (pg&L) in February 2011. Dashed where estimated, queried / where unknown. — — Property Boundary Interpreted extent of former underground storage tank (UST) excavation based on the Converse Environmental West (CEW) report dated 8/13/92. Interpreted groundwater gradient direction with estimated magnitude shown. Interpreted Febuary 2011 groundwater gradient direction with estimated magnitude shown. COC - Constituents of Concern Vacant Lot LiSGS monitoring we Sloped \Embankment Caltrans Easement (sloped) SCS ENGINEERS Environmental Consultants 8799 Balboa Avenue, Suite 290 San Diego, Catlfornla 92123 Vacant Lot N 0 90 se 120 Approalmes Gaph1 Scale in Feet PROPOSED MONITORING WELL LOCATIONS Frank Motors 3150 National City Boulevard National City, Califomia Project No.. 11991787.0B Figure 3 EXHIBIT.A Date Drafted: 1f3N4 EXHIBIT "A" MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego, Califomia 92123 PROJECT NUMBER: 11991767.08 BORING/WELL NUMBER: MW18 SITE: 3150 National City Blvd., National City, CA CLIENT: Frank Motors COUNTY & PERMIT #: TBD DATE OF INSTALLATION: TBD DRILLER: TBD PREPARED BY: Chris Crosby J A CONSTRUCTION DETAILS Surface Elevation Top of Casing Elevation TBD TBD A. Total Depth 30 ft B. Boring Diameter 8 in C. Casing Length 30 ft Casing Material PVC D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 2 in 15ft 15 ft 0.020 in 13ft #3 Sand 3ft Bentonite Chips I. Depth to Top of Fill Material 3 ft Annular Fill Material Bentonite Chips J. Surface Seal Dimensions Radial or Square or Other Surface Seal Material 3 ft Diameter Radial Concrete K. Type and Size of Protective Casing: 12 in Traffic Box Notes: Prepared by: Chris Crosby Date: 1/2/2014 Reviewed by: Date: F:lProjectsl9911750 to 1800%99E1767 (Frank Motors Group)111991767.08 3150 Nat'l City\Additional Site Assessment (2013»Permitting\WellCompletion MW18.xls -8- EXHIBIT "A" MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue. Suite 290 San Diego, Califomia 92123 PROJECT NUMBER: 11991767.08 BORING/WELL NUMBER: MW19 SITE: 3150 National City Blvd., National City, CA CLIENT: Frank Motors COUNTY & PERMIT #: TBD DRILLER: TBD DATE OF INSTALLATION: TBD PREPARED BY: Chris Crosby J CONSTRUCTION DETAILS Surface Elevation Top of Casing Elevation TBD TBD A. Total Depth 30 ft B. Boring Diameter 8 in C. Casing Length 30 ft Casing Material PVC D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 2 in 15 ft 15ft 0.020 in 13 ft #3 Sand 3ft Bentonite Chips I. Depth to Top of Fill Material 3 ft Annular Fill Material Bentonite Chips J. Surface Seal Dimensions 5 ft x 5 ft Radial or Square or Other Square Surface Seal Material Concrete K. Type and Size of Protective Casing: 12 in Traffic Box Notes: Prepared by: Chris Crosby Date: 1/2/2014 Reviewed by: Date: F:\Projects\99\1750 to 1800\99E1767 (Frank Motors Group)111991767.08 3150 Nat'l City\Additional Site Assessment (2013)1Permitting\WellCompletion MW 19.xls -9- EXHIBIT "A" MONITORING WELL CONSTRUCTION DETAILS FLUSH MOUNT WELL SCS ENGINEERS 8799 Balboa Avenue, Suite 290 San Diego, Califomia 92123 PROJECT NUMBER: 11991767.08 BORING/WELL NUMBER: MW20 SITE: 3150 National City Blvd., National City, CA CLIENT: Frank Motors COUNTY & PERMIT #: TBD DRILLER: TBD DATE OF INSTALLATION: TBD PREPARED BY: Chris Crosby J K A CONSTRUCTION DETAILS Surface Elevation Top of Casing Elevation TBD TBD A. Total Depth 30 ft B. Boring Diameter 8 in C. Casing Length 30 ft Casing Material PVC D. Casing Diameter E. Depth to Top of Screen F. Screen Length Screen (slot) Size G. Depth to top of Filter Pack Filter Pack Material H. Depth to top of Seal Seal Material 2 in 15 ft 15 ft 0.020 in 13 ft #3 Sand 3ft Bentonite Chips I. Depth to Top of Fill Material 3 ft Annular Fill Material Bentonite Chips J. Surface Seal Dimensions 2.5 ft x 2.5 ft Radial or Square or Other Square Surface Seal Material Concrete K. Type and Size of Protective Casing: 8 in Traffic Box Notes: Prepared by: Chris Crosby Date: 1/2/2014 Reviewed by: Date: F:1Projectst9911750 to 1800199E1767 (Frank Motors Group)111991767.08 3150 Nat'l City\Additional Site Assessment (2013)»PermittinglWelUCompletion MW20.xls -10- -1 ® A` o CERTIFICATE OF LIABILITY INSURANCE OATE(MM/DD/YYYY) ,2062D,3 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 Ri5k Insurance Services West, Inc. Los Angeles es CA Office g 707 Wilshire Boulevard Suite 2600 Los Angeles CA 90017-0460 USA CONTACT NAME. NE (NC. No. EN); (866) 283-7122 FAX 800-363-0105 (A/c. No.): EMAIL ADIiREss: INSURERS) AFFORDING COVERAGE NAIC # INSURED SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach CA 90806-6816 USA INSURER A: AIG Specialty Insurance Company 26883 INSURERS: National union Fire ins co of Pittsburgh 19445 INSURERC: The Insurance Co of the State of PA 19429 INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570052137134 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 MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADO-BUHR INSR NNE/ POLICY NUMBER POLICY EFF M s, POLICY EXP jN D/YYYY mins A GENERAL LIABILITY PROP17322480 S3/31/201 03/31/2014 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence)$1, 000, 000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL 8 ADV INJURY 82,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 n POLICY n PRO- n LOC JECT B AUTOMOBILE LIABILITY CA 327-51-37 03/31/2013 03/31/2014 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 X ANY AUTO BODILY INJURY ( Per person) X ALL OWNED SCHEDULED A NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) A UMBRELLAUAB X OCCUR PROU17322481 03/31/2013 03/31/2014 EACH OCCURRENCE 15,000,000 X EXCESSLIAB CLAIMS -MADE AGGREGATE $5,000,000 LIED I !RETENTION n n n WORKERS COMPENSATION AND EMPLOYERS'LIABILITY WC048250327 04/01/2013 04/01/2014 X WC STATU- TORY LIMITS OTH. ER ANY PROPRIETOR/ PARTNER !EXECUTIVE YIN N NIA wc048250326 wC048250328 04/01/2013 04/01/2013 04/01/2014 04/01/2014 E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1, 000, 000 li yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S1,000,000 A Env Prof (E&0) PROP17322480 Prof/Poll Liab 03/31/2013 03/31/2014 Each Claim Aggregate $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, a more space Is required) RE: Job No. 11991767.08, Monitoring well Encroachment permit. city of National city, its officers, agents and employees are included as Additional Insured with respect to the General Liability and Automobile Liability policies; granted a Waiver of Subrogation for Workers' Compensation policy and the General Liability policy evidenced herein is Primary and Non -Contributory to other insurance available, as required by written contract, but limited to the operations of the Insured under said contract. CERTIFICATE HOLDER CANCELLATION City of National City Attn: City Engineers 1243 National City Blvd. National City CA 91950 USA ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE NATH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE eJ�on ✓L Cf7rrdlm... s r�staNlrad /i'af(Jxu ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Holder Identifier :ACF Certificate No : 570052137134 -11- ENDORSEMENT This endorsement, effective 1201 AM, 3131/2013 Forms a part of Policy No: PROP 17322480 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED / PRIMARY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY In consideration of an additional premium of $Included it is hereby agreed that the following is included as an Additional Insured as respects Coverage A and B but only as respects liability arising out of your work for the Additiorral Insured by or for you. Additional Insured: BLANKET WHERE REQUIRED BY WRITTEN CONTRACT. This does not apply to bodily injury or property damage arising out of the sale negligence or willful misconduct of, or for defects in design furnished by, the Additional Insured_ As respects the coverage afforded the Additional Insured, this insurance is primary and non-contributory, and our obligations are not affected by any other insurance carried by such Additional Insured whether primary, excess, contingent, or on any other basis. This endorsement does not increase the Company's limits of liability as specified in the Declarations of this policy, All other terms, conditions, and exclusions shall rerrein the same. 90667 (04105) Ci2791 PAGE 1 OF 1 -12- ENDORSEMENT This endorsement, effective 12:01 A.M. 03/31/2013 forms a part of policy No. CA 3275137 by NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: WHERE REQUIRED BY WRITTEN CONTRACT I. SECTION I1 - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10/051 Page 1 of 1 -13- WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause need be completed only when this endorsement Is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 4/01/2013 forms a part of Policy No. WC 4825 03 26 issued By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Premium INCLUDED We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule_ This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule THE PREMIUM FOR THE ENDORSEMENT IS INCLUDED ANY PERSON OR ORGANIZAITON TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable In California, Kentucky, New Hampshire, New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah. or Washington. WC 00 0313 (Ed. 04/84) Countersigned by Authorized Representative -14- WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The following "attaching clause' need be completed only when !Ns endorsement Is issued subsequent to preparation of The policy). This endorsement, effective 12:01 AM 4/01/2013 forms a part of Policy No. WC 4825 03 27 Issued By THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Premium INCLUDED We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named In the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule THE PREMIUM FOR THE ENDORSEMENT IS INCLUDED ANY PERSON OR ORGANIZAITON TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire, New ,Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC 00 03 13 (Ed. 04/84) Countersigned by Authorized Representative -15- BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. {The following "attaching clause" need he completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04101 /2013 forms a part of Policy #WC 4825 03 28 By THE INSURANCE C0f1PANY OF THE STATE Of PENNSYLVAN I A We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization with whom you have a written contract that requires you to obtain this agreement from us, as regards any work you perform for such person or organization. The additional premium for this endorsement shall be TBD of the total estimated workers compensation premium for this policy. WC 04 03 61 (Ed. 11/90) -16- DATE Date: 1/8/2014 Property Owner: Phone: Email: FEE DESCRIPTION Traffic Control Plan Check Fee Sub Total Development Services Department 1243 National City Blvd National City, CA 91950 (619) 336-4380 INVOICE (2014-1136) FEE AMOUNT $476.00 $476.00 Contractor: Bob Guzzler San Dlego , CA 92123 Phone: 858 401 2348 Email: bguzzler@scsengineers.com AMOUNT PAID $0.00 $0.00 AMOUNT DUE ACCOUNT NUMBER $476.00 001-06029-3557 $476.00 001-06029-3557 Encroachment Agreement Sub Ta Processed by: $490.00 90.00 $086.00 $0.00 $490.00 001-06029-3634 $0.00 $400.00 001-06029-3634 $0.00 $966.00 -17- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT PERMIT AND AGREEMENT WITH FRANK MOTORS, INC., LOCATED AT 3150 NATIONAL CITY BOULEVARD, FOR THE INSTALLATION OF THREE GROUNDWATER MONITORING WELLS IN THE PUBLIC RIGHT-OF-WAY ALONG NATIONAL CITY BOULEVARD AND WEST 33RD STREET, AS DIRECTED BY THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH WHEREAS, Frank Motors, Inc., the owner of the property located at 3150 National City Boulevard, has been directed by the County of San Diego Department of Environmental Health to install three new groundwater monitoring wells in the public right-of-way along National City Boulevard and West 33rd Street for sampling and reporting of groundwater contaminants; and WHEREAS, Frank Motors, Inc., has contracted with SCS Engineers to install the monitoring wells and perform the sampling services; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Permit and Agreement with Frank Motors, Inc., for the installation of three groundwater monitoring wells in the public right-of-way along National City Boulevard and West 33`d Street for sampling and reporting of groundwater contaminants. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of March, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney