HomeMy WebLinkAboutC-6383 - License and Encroachment Agreement for Ground Water Monitoring Well EPN N2015-0357 for Big Canyon ParkChi RECORDING REQUESTED AND
S WHEN RECORDED RETURN TO
V Public Works Department
City of Newport Beach
100 Civic Center Drive
Post Office Box 1768
Newport Beach, CA 92658-1768
Recorded in Official Records, Orange County
Hugh Nguyen, Clerk -Recorder
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LICENSE AND ENCROACHMENT AGREEMENT FOR
GROUND WATER MONITORING WELL
(EPN 2015-0357)
THIS LICENSE AND ENCROACHMENT AGREEMENT ("Agreement") is made
and entered into this day of D"ec::E , 2015, by and between Ford Motor
Company, am-"Fflefieam Atita•nati% Corporation, (hereinafter "Well Owner"), and the
City of Newport Beach, California, a unicipal corporation organized and existing under
and by virtue of its Charter and t Constitution and the laws of the State of California,
(hereinafter "City").
,�e Sawa �e
RECITALS:
WHEREAS, City is the owner of certain real property located in the City of
Newport Beach, County of Orange, State of California, commonly known as Big Canyon
Park, and legally described as those portions of blocks 52, 53, 55 and 56 of Irvine
Subdivision as per map recorded in Book 1 Page 88, of Miscellaneous Record Maps, in
the office of the County Recorder of Orange County, California (hereinafter the
"Property").
WHEREAS, pursuant to the requirements of the California Regional Water
Quality Control Board (hereinafter "RWQCB") three (3) groundwater monitoring wells
are to be installed to evaluate the down gradient distribution of trichloroethene
(hereinafter "TCE") in groundwater within Big Canyon Park. The wells are to be installed
at locations where results of previously collected grab groundwater samples indicated
low or non -detect concentrations of TCE. The three (3) groundwater monitoring wells
shall be sampled according to ongoing remediation activities regulated by the RWQCB
and the wells shall remain until cleanup activities are deemed complete by the
RWQCB.
Ford Motor Company License and Encroachment Agreement Page 1
WHEREAS, Well Owner desires to install three (3) groundwater monitoring wells
and appurtenances on the Property in the location depicted on Exhibit "A" attached
hereto and incorporated herein by reference. These monitoring wells as described and
depicted on the Well Construction Detail, which is attached hereto as Exhibit "B" shall
be hereinafter referred to as the "Encroachments," Owner desires to retain the
Encroachments on the Property for a period up to ten (10) years from date of
installation.
WHEREAS, City has agreed to grant Well Owner a license to use the Property
as set forth herein and an encroachment permit ("Permit") for the Encroachments,
provided that Well Owner executes and abides by the term of this Agreement and fully
complies with the provisions of Chapter 14.34 (Water Well Standards) of the Newport
Beach Municipal Code and other applicable rules, laws, statutes, and regulations.
WHEREAS, the parties hereto desire to execute an agreement outlining the
conditions required by City to permit Well Owner to install and maintain said
Encroachments.
NOW, THEREFORE, the parties hereto agree as follows:
1.0 LICENSE. The City hereby grants to Well Owner a license revocable with
or without cause at any time by the City to construct and maintain the
Encroachments upon all of the terms and conditions of the Permit and this
Agreement ("License").
In General. Well Owner hereby agrees to install, operate, inspect,
monitor, maintain, relocate, and/or remove the Encroachments in
accordance with this Agreement, the Public Works Department's
Permit requirements, and all applicable provisions of the City of
Newport Beach Municipal Code, as amended from time to time.
(b) Maintenance. Well Owner shall install, operate, inspect, monitor,
maintain, and repair the Encroachments and the Property so as to
keep the Encroachments and such area in a safe, clean and
secure condition at all times. Well Owner shall maintain the
Encroachments in accordance with generally prevailing standards
of maintenance, and pay all costs incurred in doing so. In the event
that Owner does not maintain the Encroachments and the Property
as required herein, the City may terminate this License as more
particularly provided in Section 3.0 herein.
Permit Required for All Street Work. In the event that City streets
must be closed in order to maintain the Encroachments or to take
samples from the monitoring well, Well Owner must first obtain a
permit from the City Public Works Department and comply with all
Ford Motor Company License and Encroachment Agreement Page—2
conditions of the permit and all requirements of Chapter 12.62 of
the Newport Beach Municipal Code.
(d) Removal of Encroachments. Well Owner agrees to remove the
Encroachments when the Encroachments are no longer required
by the Orange County Health Care Agency or any other public
entity. At that time, Owner agrees to restore the Property to its
former condition, at Well Owners sole cost and expense.
(e) MonitoringWellFinal B ort. Well Owner hereby agrees to submit
.p�
the final report of the monitoring program to the City's Public Works
Director.
3.0 TERMINATION. This License is terminable with or without cause by the
City at any time. Well Owner shall remove the Encroachments and
restore the Property to its former condition, at Well Owner's sole cost and
expense, within thirty (30) days of written notice from the City. In the
event Well Owner fails to remove the Encroachments and restore the
Property within said time period, City shall have the right to do so without
notice. Well Owner shall immediately reimburse the City for all out-of-
pocket expenses expended to remove the Encroachments and restore the
property. Said amounts shall accrue interest from the date expended by
the City at the maximum non -usurious interest rate permitted by law.
4.0 OTHER TERMS. Well Owner and City further agree as follows:
(a) Well Owner may construct and install the Encroachments provided
they are in substantial conformance with the plans and
specifications on file in the City's Public Works Department,
Exhibit "B," and located as described in Exhibit "A" attached
hereto. If the Encroachments as actually built or installed during the
time of construction vary from the Encroachments approved herein,
such variations or changes must be approved in advance by the
Public Works Department and shall be shown on the "As Built"
plans.
(b) If City or other public/private facilities or improvements are
damaged by the installation or presence of the Encroachments,
Well Owner shall be responsible for the cost of repairs and
restoration.
(c) Should City be required to enter onto the Property to exercise its
primary rights associated with the Property, including but not limited
to, the maintenance, removal, repair, renewal, replacement, or
enlargement of existing or future public facilities or improvements,
City may remove all or a portion of the Encroachments, as
required, and in such event:
Ford Motor Company License and Encroachment Agreement Page 3
(i) City shall notify Well Owner of its intention to accomplish
such work, provided that an emergency situation does not
exist.
(ii) Well Owner shall be responsible for arranging for any
renewal, replacement, or restoration of the Encroachments
affected by such work by City.
(iii) Well Owner agrees to bear the cost of any removal of the
Encroachments or appurtenances affected by such work by
City.
(iv) Well Owner agrees to pay all costs for renewal,
replacement, or restoration of the Encroachments.
5.0 MATERIAL BREACH. In the event any party breaches any material
provision of this Agreement, the other party at its option may, in addition
to the other legal remedies available to it, terminate this Agreement. In
the event the breaching party is the Well Owner, City may enter upon the
Right -of -Way and remove all or part of the improvements or
Encroachments installed by Well Owner. Termination because of breach
shall be upon a minimum of ten (10) days notice, with the notice
specifying the date of termination.
6.0 INDEMNITY. Well Owner hereby agrees to indemnify and defend the
City, its City Council, boards, commissions, officers, agents and
employees, from and against, any and all actions, suits, claims, damages
to persons or property, losses, costs, expenses, penalties, obligations,
errors, omissions or liabilities, including reasonable attorneys' fees,
regardless of the merit or outcome of any such claim or suit, which may
arise in consequence of the granting of this permit, or in any way
connected with or related to the design, construction, operation,
maintenance or continued existence of the Encroachments.
7.0 INSURANCE. Without limiting Well Owner's indemnification of City, and
prior to commencement of construction of the Easements, Well Owner
shall obtain, provide and maintain at its own expense during the term of
this License, policies of insurance of the type, amounts, terms and
conditions described in the Insurance Requirements attached hereto as
Exhibit "C," and incorporated herein by reference.
(a) Successors and Assigns. Well Owner agrees that this Agreement
shall remain in full force and effect from execution thereof and shall
be binding upon the heirs, successors, and assigns of Well
Owner's interest in the land, whether fee or otherwise. This
Ford Motor Company License and Encroachment Agreement Page 4
Agreement shall not be assigned without City's prior written
approval.
(b) Amendment or Modification. This Agreement may not be modified
or amended except by written agreement executed by the then -
owner of the Well Owners property and the City Property and
recorded in the Office of the County Recorder, County of Orange,
California.
(c) Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California and
all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction
in the County of Orange.
(d) Severability. The invalidity or unenforceability of any provision of
this Agreement with respect to a particular party or set of
circumstances shall not in any way affect the validity and
enforceability of any other provision hereof or the same provision
when applied to another party or to a different set of circumstances.
Recordation. This Agreement shall be recorded in the Office of the
County Recorder, County of Orange, California, and it shall serve
as notice to all parties succeeding to the interest of Well Owner or
the City that their use of the Property and the Property shall be
benefited and/or restricted in the manner herein described,
FN rel Z FIX01
Ford Motor Company License and Encroachment Agreement Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day and year first written above.
APPROVED AS TO FORM:
CITY ATT R El'S OFFICE
Date: , '�
L----
Y
Aaron C. Harp CAM ol►tihf
City Attorney � lu I 101;
ATTESTP-
Date:
bkBy
Leilani I. Brown
City Clerk �Ra
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:--U-
By:,-,,o
By:,-
David A. Webb
Public Works Director
WELL OWNER: FORD MOTOR
COMPANY, avi- 4cme ' W aoja�re
corporation
Date: d le [-L'q S
Bradley Gapon -I'
Assistant General Counsel
Secretary
Date: //-- /O - i
By:
CoreyacGi ' ray
Assists ecr ary
Attachments: Exhibit A - Big Canyon Park and Ground Water Well Locations
Exhibit B - Well Construction Detail
Exhibit C - Insurance Requirements
Ford Motor Company License and Encroachment Agreement Page 6
LICENSE AND ENCROACHMENT AGREEMENT FOR
GROUND WATER MONITORING WELL
(EPN 2015-0357)
Witness:
Subscribed worn to before me this
_ day of 2015
LR4DA G. BINGHAI
NOTARY PUBLIC -STATE OF
MY Commission
Acting in the Cc
EXHIBIT A
BIG CANYON PARK AND GROUND WATER WELL LOCATIONS
Ford Motor Company License and Encroachment Agreement Page A-1
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EXHIBIT B
WELL CONSTRUCTION DETAIL
Ford Motor Company License and Encroachment Agreement Page B-1
Transmittal
Sent Via:
❑ Messenger ❑ U.S. Mail
Date: 07/16/2015
To: Public Works Department
100 Civic drive
Newport Beach, CA 92660
949-644-3309
EXHIBIT B
❑ Overnight Mail
From: Meilani Bowman-Kamaha'o
cc:
Project Number: 8615397106.02.2A
Project Name: Former Ford Aeronutronic Property
Item Description
1 Well Permit Application
2 Well Construction Diagram
3 Proposed Monitoring Well Locations
Narrative Work Plan:
Amec Foster Wheeler
121 Innovation Dr, Ste 200
Irvine Ca, 92617
Amec Foster Wheeler is proposing to install three monitoring wells (P-49, P-50, P-51) using
hollow stem auger drilling methodology. Each well is anticipated to encounter groundwater at a
depth between approximately six and 25 feet below ground surface and will be screened for five
feet. Total depth of the monitoring wells may be up to 30 feet below ground surface. The
Monitoring wells will be constructed as indicated on the attached diagram, with two inch
schedule 40 polyvinyl chloride (PVC) casing, five feet of 0.020 inch slotted screen. The filter
pack will be #3 sand that extends at least one foot above the screened interval, followed by
approximately two feet of bentonite chips above the screen, neat cement or cement/Bentonite
grout to approximately 2 feet below ground surface. Each well will be completed with a flush
mounted, traffic -rate boxes set into concrete. The fieldwork is scheduled to begin on 07/23/2015.
Please let the undersigned know if you anticipate a conflict with permit issuance before the start
date.
Best Regards,
Meilani Bowman-Kamaha'o
Amec Foster Wheeler
Direct: (949) 722-4126
AMEC
121 Innovation Drive, Suite 200
Irvine, CA
USA 92617
Tel (949)642-0245
Fax (949) 642.4474
www.amec.com
Well vault
Locking well cap
EXHIBIT B
Flush mount surface completion
in a traffic rated vault, sloped to direct
surface water away from the wellhead
Ground surface
77
Concrete 7 77777
Annular seal (neat cement grout)
Bentonite seal
2 -inch diameter schedule 40 PVC
blank well casing
8 -inch diameter borehole
Sand pack
2 -inch diameter PVC well screen
(0.020 -inch slots)
Well cap
Boring bottom
WELL SCHEMATIC amec
Former Ford Aeronutronic Property foster
Newport Beach, California Wheeler
Figure
Dale: 02/26/2015 1 Project No, 003971005 1 4
EXHIBIT C
INSURANCE REQUIREMENTS
REAL PROPERTY ENCROACHMENT AGREEMENT
1. Provision of Insurance. Without limiting Owner's indemnification of City, and
prior to commencement of construction of the Easements, Well Owner shall obtain,
provide and maintain at its own expense during the term of this License, policies of
insurance of the type and amounts described below and in a form satisfactory to City.
Well Owner agrees to provide insurance in accordance with requirements set forth
herein. If Well Owner uses existing coverage to comply and that coverage does not
meet these requirements, Well Owner agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of
insurance in the State of California, with an assigned policyholders' Rating of A- (or
higher) and Financial Size Category Class VII (or larger) in accordance with the latest
edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
3. Coverage Requirements.
A. General Liability Insurance. Well Owner shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services Office
form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence. The policy shall cover liability arising from
premises, operations, personal and advertising injury, and liability
assumed under an insured contract (including the tort liability of another
assumed in a business contract).
4. Insurance Requirements. The policies are to contain, or be endorsed to contain,
the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this License shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Well Owner or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Well Owner hereby waives its own right of
recovery against City.
B. Additional Insured Status. All liability policies shall provide or be endorsed
to provide that City and its officers, officials, employees, agents and
volunteers shall be included as insureds under such policy.
Ford Motor Company License and Encroachment Agreement Page C-1
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self-
insurance maintained by City.
D. Notice of Cancellation. The policy shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which ten
(10) calendar days' notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Well Owner shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement and other endorsements as
specified herein for liability coverage. Insurance certificate and
endorsement must be approved by City's Risk Manager prior to
commencement of construction of the Easements. Current certification of
insurance shall be kept on file with City at all times during the term of this
License. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
Ford Motor Company License and Encroachment Agreement Page C-2