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HomeMy WebLinkAbout2019 CON (ENCROACHMENT AGREEMENT) Pepper Oil Company - Monitoring Wells - Tidelands Ave. N. Bay Marina DrivePLEASE COMPLETE THIS INFORMATION. RECORDING REQUESTED BY: Scott Snyder AND WHEN RECORDED MAIL TO: City of National City Engineering and Public Works Dept. Attn: Charles Nissley 1243 National City Blvd. National City, CA 91950-4397 DOC# 2019-0230625 11111111111111111111111111111111111111111111111111111111111111111111 Jun 13, 2019 01:34 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $61 00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 12 THIS SPACE FOR RECORDERS USE ONLY Monitoring Well Encroachment Permit and Agreement (Please fill in document title(s) on this line) THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 9/95 Rec.Form #R25 • FEE: $500 MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Pepper Oil Company, Inc. (hereinafter referred to as "PERMI ITEE") 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 PERMI FI EE. 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 )f, attached. Al 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 terns of which PERMITTEE hereby specifically acknowledges, accepts. and agrees to. PERMI FLEE 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 PERMI 1"1'EE'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 PERMI IThE 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 PERM1 FfEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMI I I hE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMI 1"1'tE 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, 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 PERMIT l EE'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 onTidelands Ave.if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 11. PERMI1" 1'EE 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. PERMI FLEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the well on Tidelands Ave.. and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMI 1-1EE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. At least 48 hours prior to start of construction, PERMITTEE shall contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. 17. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley, or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour, or the damage which might result from the PERMITTEE's operations. 18. The PERMITTEE shall design, construct, and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state, and federal safety and health standards, laws, and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior of any intended monitoring of the well to be conducted during the length of this encroachment. Such notification shall 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 S2,000.00 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 NATIO . A ALEJANDO'LOLIS, MAYOR PERMI 1�TEE: Pepper Oil Company, Inc. David Pepper, Jr./Vice President Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMI I"1EE/APPLICANT INFORMATION: Person in Responsible Charge C 11-CI" 13 G` 1 X? 24/7 Phone Number c:cef2_ 0Q. Co Firm Name Mailing Address: a©K( 330o Tive64c6 ate Wairld cm) e 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 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO On 06/13/2019 before me, SURESH R PAREKH, NOTARY OFFICER (insert name and title of the officer) personally appeared DAVID MERRIL PEPPER JR who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is//ram subscribed to the within instrument and acknowledged to me that he/sht/tIfey executed the same in his/I erTtbir authorized capacity(ies), and that by his/het/th6ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) SURESH R. PAREKH Notary Public - California San Diego County Commission M 2285276 My Comm. Expires May 10, 2023 8" 3 feet Monitoring Well MW-XX Completion Date: xx/xx/xx • • ®• • • . • . • 2 feet bgs 3 feet bgs 4 feet bgs 5 feet bgs 8 feet bgs 20 feet bgs 21 feet bgs Traffic Rated Well Box I 4,000 PSI Concrete • I Locking Well Cap moo I I11111ll11ll1111 I Bentonite Seal I Schedule 40,4-inch PVC Casing Schedule 40,4-inch PVC Screen, 20-slot j No. 3 Monterey Sand --*1 12 14-- Not to Scale 12-inch Diameter Borehole Threaded End Cap Monitoring Well XX Pepper Oil Company 2300 Tidelands Avenue National City, California J SNYDERGEOLOGIC SITE 'Sweetwater 1 'Valley k;t rK • San Diegm Bt.y Paradise Valley Sweetwater Marsh 1000 feet pRO Exhibit Al - Site Location Pepper Oil Company 2300 Tidelands Avenue National City, California BAY MARINA DRIVE LEGEND/NOTES e Monitoring Well ♦ Proposed Monitoring Well Water Line Gas Line — Sewer Line Fiber Optic Line MW1 MW5 MW4 MW11 e a MW8 a MW3 � 0 MW6 MW10 MW12 a PEPPER OIL MW9 MW13 MW7 MW2 MW2 TI ELANDS AVENUE a a a MW17 MW25 MW24 MW16 a RW1 a MW18 eMW1 5 MW19 SOCAL TRUCK STOP MW20 14 MW23 60 Feet MW21 Figure 2 - Proposed Monitoring Well Locations Pepper Oil Company 2300 Tidelands Avenue National City, California G SNYDERGEOLOGIC ATTACHMENT RESOLUTION NO. 2019 — 79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO SIGN A MONITORING WELL ENCROACHMENT PERMIT AGREEMENT WITH PEPPER OIL COMPANY FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS WITHIN THE CITY RESERVED RIGHT OF WAY OF TIDELANDS AVENUE, NORTH OF BAY MARINA DRIVE WHEREAS, Pepper Oil Company, owner of the property located at 2330 Tidelands Avenue is currently remediating the property in accordance with the San Diego County Department of Environmental Health, Local Enforcement Agency (LEA); and WHEREAS, they currently have twenty five (25) monitoring wells on their site and the SOCAL Truck Stop adjacent to and north of their property; and. WHEREAS, the LEA has determined that additional monitoring wells are necessary for the continued observation of the site groundwater plum; and WHEREAS, the wells are to be installed in the City right of way of Tidelands Avenue, north of Bay Marina Drive; and WHEREAS, Pepper Oil Company is requesting that the City enter into a Monitoring Well Encroachment Permit Agreement so they may install the additional wells and continue with the site remediation as required by the LEA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby Approves and Authorizes the Mayor to sign a monitoring well encroachment permit Agreement with Pepper Oil Company for the installation of four groundwater monitoring wells within the city reserved right of way of tidelands avenue, north of bay marina drive. PASSED and ADOPTED this 4th day of June, 201 Alejanr o' I.. • s, Mayor ATTEST: _71 fir/Michael R. DClerk APPROVED AS TO F JId1 �A�i!ri. /I0 g1 Morri Ci '. 'ttorney RM: Passed and adopted by the Council of the City of National City, California, on June 4, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS 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. 2019-79 of the City of National City, California, passed and adopted by the Council of said City on June 4, 2019. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT %3 MEETING DATE: June 4, 2019 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign a Monitoring Well Encroachment Permit Agreement with Pepper Oil Company for the installation of four groundwater monitoring wells within the city reserved right of way of Tidelands Avenue, north of Bay Marina Drive. PREPARED BY: Charles NissleyOA. PHONE: 336-4396 EXPLANATION: DEPARTMENT: Engineering Department APPROVED BY: Pepper Oil Company, owner of the property located at 2330 Tidelands Avenue is currently remediating the property in accordance with the San Diego County Department of Environmental Health, Local Enforcement Agency (LEA). They currently have twenty five (25) monitoring wells on their site and the SOCAL Truck Stop adjacent to and north of their property. The LEA has determined that additional monitoring wells are necessary for the continued observation of the site groundwater plum. These wells are to be installed in the City right of way of Tidelands Avenue, north of Bay Marina Drive. Pepper Oil Company is requesting that the City enter into a Monitoring Well Encroachment Permit Agreement so they may install the additional wells and continue with the site remediation as required by the LEA. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution accepting and authorizing the Mayor to sign a Monitoring Well Encroachment Permit Agreement with Pepper Oil Company for the installation of four groundwater monitoring wells on Tidelands Ave. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Encroachment Permit Agreement 2. Map of monitoring well locations 3. Resolution /ado/a,ir To. c9d/9 -77 FEE:'500 MONITORING WELL ENCROACHMENT PERMIT AND AGREEMENT The City of National City hereby grants an Encroachment Permit to the undersigned, Pepper Oil Company, Inc. (hereinafter referred to as "PERMI I'1'EE") 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 PERMI ITEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description ofPERMITTEE'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 PERMIT 1'FE' 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 PERMI FI'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 encroachment and the personal liability of the PERMITTEE. 4. PERMI 11'EE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment, and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. -1- 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition, or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMI 1 1'hE 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. PERMI 1"1'EE 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. PERMII"1EE 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. PERMII"1EE 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 -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 onTidelands Ave.if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 11. PERMI 1 l EE 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. PERMI 1 TEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shall obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the City Engineer for a construction permit prior to the installation of the well on Tidelands Ave. . and for subsequent adjustments. 14. All operations conducted by the PERMITTEE on the CITY premises, including monitoring and sampling of the well and running of equipment shall be limited to the hours set by the City Engineer, and there shall no deviations from these hours. 15. PERMI 1 1hE 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 PERMI I'I"EE 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 PERMI 1' TEE' 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. PERMI 1""1 hE 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 -3- Encroachment Permit and Agreement Monitoring Well 21. PERMI I1"EE 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 PERMI 1"l'EE 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: Pepper Oil Company, Inc. ALEJANDRA SOTELO—SOLIS, MAYOR Enti Signatur David Pepper, Jr./Vice President Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge 24/7 Phone Number p - Oi C® Finn Name Mailing Address: R9RIZ O 1, 0 oo 6c6 Ti'te. Ci13J 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 -4- Encroachment Permit and Agreement Monitoring Well ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA A notary public or other officer completing this certificate verified only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO, On 03/2019, before me, SURESH PAREKH, Notary Public, personally appeared, DAVID MERRIL JR PEPPER who proved to me on the basis of satisfactory evidence to be the person(s) whose name (s) is/ar,t subscribed to the within instrument and acknowledged to me that he/s1)4/t14 executed the same in his/haf/their authorized capacity (ies�; and that by his/NA/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature (Seal) SURESH R. PAREKH Commission # 2111027 Z : — Notary Public - California z San Diego County My Comm. Expires May 10, 2019 v �,r Syr. -5- Exhibit Al - Site Location Pepper Oil Company 2300 Tidelands Avenue National City, California SNYDERGEOLOGIC -6- 2 feet bgs 3 feet bgs 4 feet bgs S feet bgs 8 feet bgs 20 feet bgs 21 feet bgs Monitoring Well MW-XX Completion Date: xx/xx/xx 3 feet ) I Traffic Rated Well Box 14,000 PSI Concrete Locking Well Cap I Bentonite Seal I Schedule 40,4-inch PVC Casing 'Schedule 40,4-inch PVC Screen, 20-slot Not to Scale No.3 Monterey Sand 12-inch Diameter Borehole I Threaded End Cap Monitoring Well XX Pepper Oil Company 2300 Tidelands Avenue National City, California J SNYDERGEOLOGIG -7- 63 , 6,1) **7 / 0 LA66 'it 11114.1) •c tj 0 • 6 • • -1.0 op ri • • 11 /II 11 6 el 6 16• t1.6 '3 • 11, 1110 pt to Cy • t • #'',11. • 1, f;) .11 *0 rf*'i :11 _11 1 FGFND/NOTFS Monitoring Well + Proposed Monitoring Well — Water Line — Gas Line — Sewer Line — Fiber Optic Line EE EE 0. MW1 MW5 MW8 MW7 MW11 MW3 MW6 MW12 ywi 0 PEPPER OIL mw9 MW13 TIDELANDS AVENUE reeft6,,, .'•.,,-',-. ' 0), •••2710 ."*"..thamettit., MW2 MW2 MW1,7 MW25 .10 t MW24 MIN 16 MW18 RW1 ,.MW15 MW19 SOCAL TRUCK STOP MW20 MW14 MW23 60 Feet MW21 Ok- to- 41,-, a MO 3 10 Figure 2 - Proposed Monitoring Well Locations Pepper Oil Company 2300 Tidelands Avenue National City, California 9 SNYDERGEOLOGIC RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO SIGN A MONITORING WELL ENCROACHMENT PERMIT AGREEMENT WITH PEPPER OIL COMPANY FOR THE INSTALLATION OF FOUR GROUNDWATER MONITORING WELLS WITHIN THE CITY RESERVED RIGHT OF WAY OF TIDELANDS AVENUE, NORTH OF BAY MARINA DRIVE WHEREAS, Pepper Oil Company, owner of the property located at 2330 Tidelands Avenue is currently remediating the property in accordance with the San Diego County Department of Environmental Health, Local Enforcement Agency (LEA); and WHEREAS, they currently have twenty five (25) monitoring wells on their site and the SOCAL Truck Stop adjacent to and north of their property; and. WHEREAS, the LEA has determined that additional monitoring wells are necessary for the continued observation of the site groundwater plum; and WHEREAS, the wells are to be installed in the City right of way of Tidelands Avenue, north of Bay Marina Drive; and WHEREAS, Pepper Oil Company is requesting that the City enter into a Monitoring Well Encroachment Permit Agreement so they may install the additional wells and continue with the site remediation as required by the LEA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby Approves and Authorizes the Mayor to sign a monitoring well encroachment permit Agreement with Pepper Oil Company for the installation of four groundwater monitoring wells within the city reserved right of way of tidelands avenue, north of bay marina drive. PASSED and ADOPTED this 4th day of June, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney t-"'" 'V''''- ) "4 I ';Y «�T)k/ CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk PEPPER OIL COMPANY Encroachment Agreement Monitoring Wells at Tidelands Ave., North of Bay Marina Drive Charles Nissley (Engineering/Public Works) forwarded a copy of the Encroachment Agreement to Pepper Oil Company. SITE • • ,"Sweetwater <Y M Valley n niegrj r lr.1 Sweetwirter- Marsh 1000 feet Paradise Valley ER pOINT OR som O t z y�r • (tot* gi Exhibit Al - Site Location Pepper Oil Company 2300 Tidelands Avenue National City, California BAY MARINA DRIVE LEGEND/TOTS t Monitoring Well ♦ Proposed Monitoring Well — Water Line Gas Line Sewer Line Fiber Optic Line MW1 MW5 MW4 MW11 MW8 MW7 MW3 MW6 MMW12 W10 PEPPER OIL MW9 MW13 TIDELANDS AVENUE /J MW2 MW2 e MW17 MW25 MW24 MW16 MW18 RW1 r rMW15 MW19 SOCAL TRUCK STOP MW20 14 MW23 60 Feet z MW21 Figure 2 - Proposed Monitoring Well Locations Pepper Oil Company 2300 Tidelands Avenue National City, California J SNYDERGEOLOGIC 8" 2 feet bgs 3 feet bgs 4 feet bgs 5 feet bgs 8 feet bgs 20 feet bgs 21 feet bgs 3 feet Monitoring Well MW-XX Completion Date: xx/xx/xx t r ti Traffic Rated Well Box I 4,000 PSI Concrete I Locking Well Cap I Bentonite Seal (Schedule 40,4-inch PVC Casing I Schedule 40,4-inch PVC Screen, 20-slot I No.3 Monterey Sand 12-inch Diameter Borehole t I Threaded End Cap —►I 12" 14-- Not to Scale Monitoring Well XX Pepper Oil Company 2300 Tidelands Avenue National City, California SNYDERGEOLOGIC