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HomeMy WebLinkAbout2006 CON (Encroachment Agreement) Sergio Bartolin - Monitoring Wells - i1625 Coolidge AvenueNOTE TO FILE 10-20-15 IN THE MATTER OF: Resolution of the City Council of the City of National City approving and authorizing the recordation of an Encroachment Agreement with Sergio Bartolini for the installation of two groundwater monitoring wells at 1625 Coolidge Avenue, in the parkway of the westerly side of Coolidge Avenue. Please note the following: NO RECORDED COPY OF THE ENCROACHMENT AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: NTF CDC Housing & Grants City Attorney Human Resources City Manager MIS Community Svcs. Planning X Engineering Police Finance Public Works Fire FEE: $29&.00 MONITORING WELL ENCROACHMENT AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, n rfvlin ►, 0%1Or- (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 B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This permit and agreement is made for the direct benefit of Permittee and Permittee's property above described, and the covenants herein contained, shall be binding on the PERMITTEE and the assigns and successors of PERMITTEE. This encroachment permit 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 PERIvIITTEE'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. 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. 1 3. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by PERMITTEE at the permittee's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such removal or relocation to be done at Permittee's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the Permittee. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5. 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.. 6. PERMITTEE shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, 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 policy 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 original endorsements evidencing the coverage required by this clause. 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. 7. 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. 8. 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. 9. PERMITTEE shall within 48 hours upon written notification by the City, adjust, or cause to adjust the top of the well on/awAtli/ , if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. Cool 144_ / M - 10. 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. 11. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 12. PERMITTEE shall apply to the CITY Enginf er of CITY for a construction permit, prior to the installation of the well on /gyp 4r e.4— and for subsequent adjustments. Coo ''Ap A r t 13. 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's City Engineer, and there shall no deviations from these hours. 14. 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. 15. PERMITTEE shall, at least 48 hours prior to start of construction, 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. 16. The PERMITTEE, shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the PERMITTEE's operations. 17. 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. 18. 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. 19. PERMITTEE shall notify the CITY in writing at least 48 hours prior to any intended monitoring 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. 20. 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. 21. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 22. 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. PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Dated: /t4v �, /1 lobs' b PG 44. 34 I Person in Responsible Charge (Print Name) 24 hr. Phone Number Cairo I. cam ea., Adrli— ?0,�+ZrAn Laos PERMITTEE/APPLICANT Printed Name & Signature gel r-1 oh h -i� b star Pecn., LQM. Cap ) Cr9 j 2 2-4-- Mailing Address (i) 2.¢s-- 993.E Firm Name Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2 encho ALL PURPOSE ACKNOWLEDGEMENT } STATE OF CALIFORNIA } SS. COUNTY OF 14141,i Pf& o } On 1 oV 1 i T 7 j 5- before me, .MPer personally appeared 5e726/0 19% er.°47;A / personally known to me (or proved to me on the basis of satisfactory evidence) to be the personjsi whose names, isdafe subscribed to the within instrument and acknowledged to me that he/si ey- executed the same in hisfi►esItheir authorized capacityfiesh and that by hiseif- signaturep61 on the instrument the personj,jor the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature U co (This area for official notarial seal, ,•�^,,�`,;�o, DANICE GOSE vis 71 COMM. #1359315 0 NOTARY PUBLIC-CALIFORNIA H SAN DIEGO COUNTY V My Commission Expires JUNE 3, 2006 4ro4 Me.Fam /M11 PROPOSED OFF SITE MONITORING WELL LOCATIONS - SEE FIGURE 2 FOR PMW-4 AND PMW-6 LOCATIONS IN LAWN AREA NORTH COMPLIANCE MONITORING SERVICES FIGURE 1 - SITE LOCATION MAP FORMER W & 0 SUPPLY 1625 COOLIDGE AVENUE NATIONAL CITY, CALIFORNIA 7 f 3 5 PMW-4 (30') COOUDGE AVENUE PMW-6 (30') RESIDENTIAL • i•® • MW-2 I MW-1 • • 1 • • 1 a S i • • 1 • • MW-3 • i • • 1 • • 1 • • 1 CALIFORNIA AIR COMPRESSOR - - _ 4400 a INDUSTRIAL MW-2 EXPLANATION EXISTING MONITORING WELL WITH IDENTIFICATION AND DEPTH BELOW GROUND SURFACE REPORTED LOCATION OF FORMER UNDERGROUND STORAGE TANKS REMOVED IN 1984 PROPOSED SOIL BORING/MONITORING WELL PMW-4 (,,, LOCATIONS WITH IDENTIFICATION AND DEPTH BELOW GROUND SURFACE COMPLIANCE MONITORING SERVICES WEST 17TH STREET NORTH 0 40 80 APPROXIMATE SCALE IN FEET FIGURE 2 - SITE MAP FORMER W & 0 SUPPLY 1625 COOLIDGE AVENUE NATIONAL CITY, CALIFORNIA tiaik QUESTIONS 1) What is the time of completion of drilling and well. construction? /' I,14 oY 2) What i the time required to install each well? 3) How long will- t:hB wells stay in the street? �►.�-fir l�,.� /1-; 74-17/2ttr c4.4 fv-t. /o-wn eke -to, �-irrvk, 2 y e"rs . 4) How long will the abandonment of the wells be?lI�� (time frame) Al=xl a-d , 2 ADLAir1 9,e Lv I D GVpa�v�o rr•-, 5) How �� s tie itorin and samplingof the wells? 6) How long does it take to 1r"1 o purge dw sa�ple each well? 7) Who l Abe res sib! le�for removing the wells from the public right-of-way, and restoring the street? (// b-CL ►"2,1p rnf 12/Q 7`d - t'Q .-U-'-) (Aratb) i- ?rno /atar) 8) Who will be responsible for top of well head adjustment? Gi,¢,k, From: Melissa Thornburg At: Henry S. Arnold & Company FaxID: To: Sergio Date: 11/142005 01:14 PM Page: 2 of 2 ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID DATE ((MMIDO/YYYY) BARTO-1 11/14/05 pRooucER Henry Arnold Insurance & Marrs Haddocks lic #0593611 3444 Camino del Rio No., #201 San Diego CA 92108 Phone:619-282-6849 Fax:619-282-2450 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bartolini Family Trust Sergio Bartolini 465 Deer Path Lucadia CA 92024 INsuRERA Allied Group INSURER B: INSURER C INSURER D: INSURER E: COVERAGES THE ANY MAY POLICIES. 11$SICIIIU[TL LTR POLICIES REQUIREMENT, PERTAIN, NSRO OF INSURANCE LISTED BELOW HAVE BEEN I',2 FD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY DE ISSI FD OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SI R.FCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DO/YY) LMITS A X GENERAL X LIABILITY coMMERcoLGENERALLIABILITY ACP7801635670 08/27/04 08/27/05 EACH OCCLRRENCE $ 1, 0 0 0, 0 0 0 Nito PPRE S(Ea ccure e) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one Person) $ 5,000 PERSONAL &ADV INJURY $ 1,000 , 000 GENERAL AGGREGATE $ 2 , 000 , 000 GENL AGGREGATE LIMIT APPLIES PER: i 1 POLICY —1 JECT n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE - LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) ; GARAGE ______ LABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ EA ACC OTHER THAN $ AUTO ONLY: AGO $ EXCESS/UMBRELLA LIABILITY OCCUR I I CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below FI- R STMITY LIMITS TORER E 1. EACH ACCIDENT $ El. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named Additional Insured, per PB AI 02 *10 day notice of cancellation for non-payment of premium. (1001). CERTIFICATE HOLDER CANCELLATION CITYOFN City of National City and Its Officers, Agents & Employees 1243 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTOO RERRES The ACORD 25 (2001/08) ® ACORD CORPORATION 1988 ro RESOLUTION NO. 2006 — 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH SERGIO BARTOLINI FOR THE INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 1625 COOLIDGE AVENUE, IN THE PARKWAY OF THE WESTERLY SIDE OF COOLIDGE AVENUE WHEREAS, Sergio Bartolini, the owner of the property located at 1625 Coolidge Avenue, is seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way at 1625 Coolidge Avenue, in the parkway of the westerly side of Coolidge Avenue, in order to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the applicant has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by Sergio Bartolini, and directs the City Clerk to record the same. PASSED and ADOPTED this 17th day of January, 2006. 276 Nick lnzunza, Mayor ATTEST: { Mic el R. Dalla, ity Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney Passed and adopted by the Council of the City of National City, California, on January 17, 2006, by the following vote, to -wit: Ayes: Councilmembers lnzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California A City Clerk of the City cif National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-3 of the City of National City, California, passed and adopted by the Council of said City on January 17, 2006. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE January 17, 2006 Nitore AGENDA ITEM NO. ITEM TITLE Resolution of the City of National City approving and authorizing the recordation of an encroachment agreement with Sergio Bartolini for the installation of 2 groundwater monitoring wells at 1625 Coolidge Avenue in the parkway of the westerly side of Coolidge Avenue. PREPARED BY Charles Nissley DEPARTMENT EXPLANATION See attached Engineering EXT. 4396 i Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. �'1, BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Encroachment Agreement Resolution No. a 0 > (, _ 3 bartolini C Zvo6 A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH SERGIO BARTOLINI FOR THE INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT 1625 COOLIDGE AVENUE, IN THE PARKWAY OF THE WESTERLY SIDE OF COOLIDGE AVENUE WHEREAS, Sergio Bartolini, the owner of the property located at 1625 Coolidge Avenue, is seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way at 1625 Coolidge Avenue, in the parkway of the westerly side of Coolidge Avenue, in order to monitor the potential presence of total recoverable petroleum hydrocarbons; and WHEREAS, the applicant has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by Sergio Bartolini, and directs the City Clerk to record the same. PASSED and ADOPTED this 17th day of January, 2006. Nick lnzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RE: Resolution of the City of National City approving and authorizing the recordation of an encroachment agreement with Sergio Bartolini for the installation of 2 groundwater monitoring wells at 1625 Coolidge Avenue in the parkway of the westerly side of Coolidge Avenue. EXPLANATON: Sergio Bartolini the owner of the property located at 1625 Coolidge Avenue is seeking an encroachment agreement to install two groundwater monitoring wells within the public right of way in the Westerly side of Coolidge Avenue inside the parkway in order to monitor the potential presence of total petroleum recoverable hydrocarbons [(TPHg), Benzene, Toluene, Ethyl benzene, and Xylenes (BTEX) and Methyl- Tert- Butyl Ether (MTBE) impacted soil and groundwater]. Baja Exploration shall perform the installation, and Compliance Monitoring Services shall perform well monitoring as required by the County of San Diego Department of Environmental Health Site Assessment and Mitigation Division. The proposed monitoring wells will be constructed of a 2" diameter PVC casing with an 8" sand and bentonite grouted boring with a total well depth not to exceed 30 feet, completed with a flush mounted 12" diameter, traffic rated, steel well cover set in concrete. A Faithful Performance Bond in the amount of $2000.00 has been posted with the City Of National City, as a security for prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent traffic loop repairs, street resurfacing, restriping and any required well head adjustment. 13zc,, Oc� FEE: $2 8.00 MONITORING WELL ENCROACHMENT AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, o Baid-o ,;, , O.un 2r (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 B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This permit and agreement is made for the direct benefit of Permittee and Permittee's property above described, and the covenants herein contained, shall be binding on the PERMITTEE and the assigns and successors of PERMITTEE. This encroachment permit 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 PERIvIITTEE'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. 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. 1 3. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by PERMITTEE at the permittee's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such removal or relocation to be done at Permittee's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the Permittee. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5. 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.. 6. PERMITTEE shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, 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 policy 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 original endorsements evidencing the coverage required by this clause. 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. 7. 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. 8. 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. 9. PERMITTEE shall within 48 hours upon written notification by the City, adjust, or cause to adjust the top of the well on/auln qre.A, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. Coal i 4t- Atli - 10. 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. 11. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 12. PERMITTEE shall apply to the CITY Enginf er of CITY for a construction permit, prior to the installation of the well on igiAni 4r.e... and for subsequent adjustments. coo /,'dkj a A 4 13. 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's City Engineer, and there shall no deviations from these hours. 14. 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. 15. PERMITTEE shall, at least 48 hours prior to start of construction, 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. 16. The PERMITTEE, shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the PERMITTEE's operations. 17. 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. 18. 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. 19. PERMITTEE shall notify the CITY in writing at least 48 hours prior to any intended monitoring 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. 20. 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. 21. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 22. The perrnittee 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. PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED Dated: /tom-"., 21 C/;,t /I)Wiant. r, PG S34- I Person in Responsible Charge (Print Name) (1.IY)'2.7Z -5 �70 24 hr. Phone Number Cerkr,p1' lilCALF®'v/dnHor)D "42iy9 PERMITTEE/APPLICANT Printed Name & Signature Bdtr�,ii h $* Loh, ca•. v'e,)CA 24,2 4— Mailing Address 7¢s-- 99,36 Firm Name Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2 encho 5 ALL PURPOSE ACKNOWLEDGEMENT } STATE OF CALIFORNIA } SS. COUNTY OF S PiU00 } On NO 1AM 9 /1,0OS before me, ,MAPS 645 -�v/5e/71 personally appeared S it/o 13/riero/-/,/ • personally known to me (or proved to me on the basis of satisfactory evidence) to be the personprf whose name$%' istafe subscribed to the within instrument and acknowledged to me that he/s heye- executed the same in hisfheat ieir authorized capacityltesh and that by his/ m 414ef- signature on the instrument the person or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (This area for official notarial seal/ �w.s�are►a DANICE GOSEWISCH COMM. #1359315 o NOTARY PUBLIC-CALIFORNIA N SAN DIEGO COUNTY n My Commission Expires JUNE 3, 2006 `[ +roa Rae.Fam /1111 PROPOSED OFF SITE MONITORING WELL LOCATIONS - SEE FIGURE 2 FOR PMW-4 AND PMW-6 LOCATIONS IN LAWN AREA NORTH COMPLIANCE MONITORING SERVICES FIGURE 1 - SITE LOCATION MAP FORMER W & 0 SUPPLY 1625 COOLIDGE AVENUE NATIONAL CITY, CALIFORNIA cal►��f- Si 7 C) us a a PMW-4 (30') COOUDGE AVENUE PMW-6 (30') 6-ty___NAt I S S S I I RESIDENTIAL MW-3 • I CALIFORNIA AIR COMPRESSOR • 411111M MIP INI 01=1, =I • MEN MI MI 1/10 • MI • 1 ILI 4 INDUSTRIAL Ii MW-2 EXPLANATION EXISTING MONITORING WELL WITH IDENTIFICATION AND DEPTH BELOW GROUND SURFACE REPORTED LOCATION OF FORMER UNDERGROUND STORAGE TANKS REMOVED IN 1984 PROPOSED SOIL BORING/MONITORING WELL , LOCATIONS WITH IDENTIFICATION AND DEPT!! PMW-4 (30) BELOW GROUND SURFACE COMPLIANCE MONITORING SERVICES WEST 17TH STREET NORTH 0 40 APPROXIMATE SCALE IN FEET 80 FIGURE 2 - SITE MAP FORMER W & 0 SUPPLY 1625 COOLIDGE AVENUE NATIONAL CITY, CALIFORNIA 54,6b\--". T35- !r 1 QUESTIONS 1) What is the time of completion of drilling and well construction?/AV��� / 2-4 O i 2) What id the time required to install each well? / pvv k i Sd- ` t 1. 3) How long will t wells stay in the street? 7i,'Mr tv.t' ,ti tLz.r frvretr` ,i &awn air9z7-) :Prz"e, Z y eArs 4) How long will the abaanddoonment of the wells be? (time frame) rox_5) How often s tie nitoring and stimpling of the wells? 3 � m-er,-fhr 6) How long 'does take to purge ands ple each well? v x r- 2-14k 4 ---ci„ U 7) Who 1 be res onsible for removing the wells from the public right-of-way, and restoring the street? / / 'l1�r,i� l✓� �� LR m1'� (�/� 7 0� /���' DJ f''�Ylf1��� etr,Vil 8) Who will be responsible for top of well head adjustment? aim �. ��✓yn ,�{r2� M z",I41) h t 13 From: Melissa Thomburg At: Henry S. Arnold & Company FaxID: To: Sergio Date. 11/14/2005 01:14 PM Page: 2 of 2 ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP ID DATE (MM/DDIYYYY) BARTO-1 11/14/05 PRODUCER Henry Arnold Insurance & Marrs Haddocks lic #0593611 3444 Camino del Rio No., #201 San Diego CA 92108 Phone:619-282-6849 Fax:619-282-2450 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bartolini Family Trust Sergio Bartolini 465 Deer Path Lucadia CA 92024 INSLRERA: Allied Group INSURER 8: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISq IFD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOPMTHSTAI`JOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSN FOOD MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SI IRFCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. lNbw LIR pDu L NERD TYPE OF INSURANCE POLICY NUMBER POLICY lHFECTIVE DATE (MM/DD/YY) POLK.VOXPiCAT1ON DATE (NMAIDO/YY) LIMITS A X GENERAL X LIABILITY cOCIALGEnERALLIABILITY MMER ACP7801635670 08/27/04 08/27/05 EACH OCCURRENCE $ 1 , 000 , 0 00 PREmsEs(E NocictixU ence) $100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5 , 0 0 0 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 GENL AGGREGATE LIMIT APPLIES PER: POLICY SCOT LOC PRODUCTS - COMP/OP AGG $ 2 ,000 ,000 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THANEA ACC $ AUTO ONLY.: AGG $ EXCESSAJMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? It yes, describe under SPECIAL PROVISIONS below IMIIS OM - TORY LIMITS ER LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named Additional Insured, per PB Al 02 *10 day notice of cancellation for non-payment of premium. (1001). CERTIFICATE HOLDER CANCELLATION CITYOFN City of National City and Its Officers, Agents & Employees 1243 National City Blvd. National City CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Aun+D RERRESSE TIVp/e lag4i4h ACORD 25 (2001/08) © ACORD CORPORATION 1988 Nov ee U5 ie:utp C:r15 b1I-z76-5442 P. GARY W. ERBECK DIRECTOR March 22, 2005 Mr. Sergio Bartolini 465 Deer Path Leucadia, CA 92024 Dear Mr. Bartolini: Tourtfg of $ti a Piega DEPARTMENT OF ENVIRONM NTAL HEALTH LAND AND WATER QUALU DIVISION P.O. BOX 129281, SAN DIEGO, A 92112-9261 919-338-22221FAX 619-338.2315 1.800-253-9933 www.sdcounty.ca.govl. hllwq UNAUTHORIZED RELEASE #H18227-001 WORKPLAN APPROVAL FORMER W & 0 SUPPLY 1625 AND 1635 COOLIDGE AVE., NATIONAL CITY, C This letter has been prepared in accordance with the Underground Storage Tank Regulations), Division 3, C purpose of this letter is to notify the Responsible Party of County of San Diego, Site Assessment and Mitigation P The Workplan to install four additional groundwater-moni prepared by Compliance Monitoring, has been approved • The maximum screen interval length for a gr • Please notify me prior to startup of work so a This approval is valid for 6 months from the date of this le may be required for corrective action cost reimbursement and Safety Code, Division 20, Chapter 6.75, Article 6). The need for further site characterization and mitigati evaluation of the written report. If you have any question Sincerely, LAURIE APECECHEA, Project Manager Site Assessment and Mitigation Program LA:kd cc: Clint Williams, Compliance Monitoring Services "Environmental and public health through leadershi RICHARD HAAS ASSISTANT DIRECTOR equirements set forth in Title 23 (State apter 16, Article 11, Section 2722. The e status of the Workplan received by the ogram (SAM), on March 1, 2005. oring wells, and dated February 25, 2005. with the following changes or conditions: undwater-monitoring well is 15 feet. ite visit may be arranged. er. Keep this letter for your records as it nder Senate Bill 2004 (California Health n actions will be determined following , please call me at (619) 338-2457. W P!H 18227-001-305W PA partnership and science" Nov 22 05 12:O1p CMS 619-276-5442 p.3 MONITORING WELL CONSTRUCTION BOREHOLE (TYPICAL) ABANDONMENT (TYPICAL) GROUND SURFACE a w z a` a a CONCRETE OR .,.. �...-..., ,�/, ASPHALTIC CONCRETE W x� CEMENT/BENTON ITE GROUT OR BENTONITE CHIPS • • • • • • ♦• ♦ . tOr • • WATER LEVEL SYMBOLS t STATIC GROUNDWATER LEVEL 3-FOOT MINIMUM 2-FOOT MINIMUM 5-FOOT MINIMUM NOT TO SCALE TRAFFIC -RATED SECURITY VAULT /��Z/��/� %/W LOCKING WELL CAP CONCRETE CEMENT/BENTONITE GROUT UNSLOTTED CASING HYCRATED BENTONITE SEAL SAND PACK SLOTTED CASING BOTTOM CAP (e A X) WELL CONSTRUCTION DIAGRAM AND BOREHOLE ABANDONMENT ig CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 32 / 69 11/22/2005 09:55:53 Reg CASH2 Validation Receipt CHARGES- 001-21000-3147 EPF MISCELLAN[UUS PERM$ 726-1141 726114 ENG/PW TA DEPOSITS$ 320.00 4000.00 Sub -total $*******4320.00 PAYMENT - Check - libra holdings II$ Check - libra holdings II$ Check - compliance monito$ 2000.00 2000.00 320.00 Change $**********0.00 THANK YOU! Business Hours: 7:30 - 5:i a Hay Through Friday Closed Alt,,1 l; Fridays • slo!liul t?oIS aDuould 0 n .t (D > 0 c 1• Z c 3 cr AlNO ddt'1S 3�Nt/Nl4 VOA I I Statement or Under tandinc I I - - ~ T.o a Q N I # 001-3547-21000 w_ y, V 1 i I_ 000tz-sen-lop # ACCOUNT # Street Imorovement Oecosit Plan Check 8./or Inspection Performance Cash Deposit Trust 8. Agency f Sewer Fee Storm Water Mcgmt (NPDESI Miscellaneous Permits 8. Aooeats Miscellaneous Revenue DESCRIPTION O p C1 C1 O C Z v D z > Z > Z > Z > Z > g 17000-7900 1 i zzzzz4I, D o . >>>>> _• 1 O 0 O n O G - 13 0 14 fit nippy palo.d \ '` ♦\r :awDN pelold Name of business or person paying: [33— P3 z O :ewDN JJIS 6upaeul6u3