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HomeMy WebLinkAbout2002-363 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE SAN BERNARDINO 4 VALLEY MUNICIPAL WATER DISTRICT, FOR THE CONSTRUCTION OF MONITORING WELLS IN VARIOUS LOCATIONS AROUND THE CITY, 5 6 7 8 9 10 11 12 13 RESOLUTION NO, 2002-363 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, a License Agreement relating to certain City-owned real properties at various locations in the City, including Norman Feldheym Central Library - 555 W. 6th Street; Lytle Creek Community Center - 308 S, "K" Street; and Mill Community Center - 503 E. Central A venue, a copy of which is attached hereto, marked Exhibit" 1" and incorporated herein by reference as fully as though set forth at length, 14 SECTION 2. That the San Bernardino Valley Municipal Water District shall be required 15 16 to submit detailed plans and legal descriptions for each location to the City EngineerIDeputy 17 Director for approval and all necessary permits will need to be obtained prior to construction of 18 each monitoring well, 19 SECTION 3, The authorization to execute the above-referenced agreement is rescinded 20 21 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 22 23 resolution, //1 24 25 26 27 28 11115/02 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A LICENSE AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT 1 FOR THE CONSTRUCTION OF MONITORING WELLS IN VARIOUS LOCATIONS AROUND THE CITY, 2 3 4 5 6 7 8 9 10 11 2002-363 1 HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular 19 The foregoing resolution is hereby approved this ~f/1 20 21 22 23 Approved as to form 24 and legal content: 25 26 12 13 14 15 16 17 18 held on the 18th day of wit: Council Members: ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK JAMES F, PENMAN City Attorney 27 By: L f.~~ () 28 11/15/02 meeting thereof November ,20 02 , by the following vote, to AYES NAYS ABSTAIN ABSENT X X X X X X X (/) / CL,A A ~('~~e' 4J. City erk day of November ,20~ / t:Lc~ H V ALLES.. Mayor of San Bernardino 2 2002-363 LICENSE AGREEMENT FOR THE CONSTRUCTION OF THREE MONITORING WELLS This Agreement made this 18th day of November , 2002, by and between the City of San Bernardino, hereinafter referred to as "Licensor," and the San Bernardino Valley Municipal Water District, hereinafter referred to as "Licensee." WHEREAS, Licensor is the owner of three parcels of real property, known as follows: Norman Feldheym Central Library, Assessor's Parcel Number 0134-062-17 - located at 555 W. 6"' Street (see Exhibit "A" attached); Lytle Creek Community Center, Assessor's Parcel Number 0137-141-06 - located at 308 South "K" Street (see Exhibit "B" attached); and Mill Community Center, Assessor's Parcel Number 0280-151-05 - located at 503 E. Central Avenue (see Exhibit "c" attached), (The Mill Community Center is jointly owned with the County of San Bernardino) and; WHEREAS, Licensee shall obtain a License Agreement from the County of San Bernardino in addition to the agreement with the City for the construction of a monitoring well at the Mill Community Center, and; WHEREAS, the parties desire to provide for the construction, installation, operation and maintenance of a water monitoring well and appurtenant facilities upon each of said three properties and to provide permission for Licensee to enter upon said properties for that purpose, and; WHEREAS, Licensor desires that such facilities be constructed; NOW THEREFORE, it is hereby agreed as follows: 1. Licensor grants to Licensee, a non-exclusive License to enter in, over, upon and through the above-described three properties for the purpose of constructing the aforementioned water monitoring welles) and appurtenant facilities. The exact location of each EXHIBIT "1" 2002-363 well shall be subject to the approval of the City Engineer prior to construction. Dimensions specifying the location of monitoring wells shall be submitted at the time the permits are issued, Relocation of any existing utilities conflicting with such use is the responsibility of the Licensee at Licensee's expense. 2. The benefit of the monitoring of groundwater levels to the City will serve as consideration for granting this License, 3, This License shall continue unless either party decides to terminate the License. The License may be terminated by either party by notifying the other party at least thirty (30) days prior to termination. In the event of termination of the License and return of the premises to Licensor, Licensee shall return the licensed premises to the Licensor in substantially the same condition it was in when received by Licensee as determined by Licensor. The Licensee agrees to maintain the licensed facilities in a neat and orderly manner and comply with all applicable laws, The Licensee shall also be responsible for providing whatever security is necessary to protect the licensed premises. In no event will the Licensor be responsible for damages to the facilities constructed by the Licensee, 4. Licensee shall provide appropriate documentation to the Licensor to show that the Licensee is self-insured, See attached Exhibit "D" for insurance documentation. Licensee agrees to continue such self-insurance arrangements in force, during the term of the License. 5. Licensee hereby agrees to defend, indemnify, and hold harmless Licensor, its officers, agents and employees from any and all liability for claims for injury or death to persons or damage to property arising as a proximate result of the exercise of any of the rights and privileges granted herein; exercised by Licensee, its agents, employees, contractors, subcontractors, or by anyone or more persons directly or indirectly employed by, or acting as, agent for the Licensee or any of the Licensee's contractors, subcontractors, agents or ., .. 2002-363 employees. This indemnification provision applies regardless of whether or not the Licensee has prepared or supplied, and the Licensor has approved plans and/or specifications for the project and operations for which this License is obtained. With respect to Licensee's operations for construction, installation, and maintenance and operation of a water monitoring well and appurtenant facilities upon the property described herein, Licensor hereby agrees to defend, indemnify, and hold harmless, Licensee, its officers, agents, and employees from any and all liability for claims for il\iury or death to persons or damage to property arising as a proximate result of the negligent acts or omissions of Licensor, its agents, employees, contractors, subcontractors, or by anyone or more persons directly or indirectly employed by or acting as agent for the Licensor or any of the Licensor's contractors, subcontractors, agents or employees. 6. Licensee further agrees that this License shall be binding upon its executors, administrators, heirs, assigns, and invitees. 7. Licensee also agrees to allow Licensor reasonable access to the water monitoring well and any appurtenant facilities, as well as access to any and all data obtained from the well monitoring program. 8. This License is obtained by the Licensee for the furtherance of its High Groundwater Mitigation Project and also its cooperative program with the United States Geological Survey (USGS) for ground water monitoring, and it is understood by the parties that USGS crews and equipment may be involved in the work. This License shall not be assigned or transferred by the Licensee, its agents, employees, and subcontractors. Any attempt to assign the license shall, at the option of the Licensor, be void. 3 2002-363 LICENSE AGREEMENT FOR THE CONSTRUCTION OF THREE MONITORING WELLS IN WITNESS WHEREOF, The parties hereto have caused the contract to be executed the day and year first above written. LICENSOR: LICENSEE: By: Judith ~ es, Mayor City 0 S n Bernardino 300 "" Street San Ber rdino, CA 92418 ~ BY:~ QJ.~ Robert L. Reiter General Manager/Chief Engineer P.O. Box 5906 San Bernardino, CA 92412-5906 Approved as to form and legal content: JAMES F. PENMAN City Attorney By: L r.~ /{/ 4 . . -< \D u 0 u . f- . - ; i:C - ::I: ~ b ~ <3 C~ .s lJ! e.l!", !..g ~... ~ . c: ~ '" If . , ~.~ .,: 2002-363 @ @ -.J I . --t-&-i33HlS I ~, ,.! I:J ~ . I L 3-:1-....- . . I ,- t ~ III _1_ #.r,~r ~ . ., . ~ OJ ,@~ t .... - , '" CIi .. - ... u ~ _'~r q:.- OIl "i-. '" /.. ~.. .~ ~~ -c:.. ~ '2 ~.. . 0 l@~ ~ , OJ ~ '" ~ ,r@S "t:l OJ '" 0 ... 0- '" ~ ~. 7,... '" ... N 0 I , ... I, l ~';;@ tl ~ i@ ~ 'r, /1,.;1'11' .. I. ... _n , I ,;"-I-j- E "i' . 'i 0.:-:-"'- "1 I r ... i ih ~ I I t@ I > .-' 0 I i~ I II 0 . "S- @ ~ 0 0 CD oJ '" '" ... t CD . @ ... I - 0 El ... I @ ... I ! "S- 1&\ El El i~ I > @ . El I 0 - 0 ~ II "S- . 0 Elll) 0 '" ... 'ot oJ ... 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SAN BERNARDINO, CALIFORNIA 92412.5906 ,(909) 387-9200 FAX (909) 387.9247 EXHIBIT "'0 " November 13, 2002 Les Fogassy City of San Bernardino 300 North "D" Street San Bernardino, CA 92418-0001 Dear Mr. Fogassy, Thank you for your assistance in processing the license agreement for construction of a monitoring well on City of San Bcrnardino land, This letter is to provide you with confirmation of the San Bernardino Valley Municipal Water District's insurance reserve fund, Since the early 1980's the District has been self- insured, The District has established a "Reserve for Insurance" fund which has a current fund balance of$7,000,000, There are no claims pending against the fund, If you have further questions regarding this matter please contact either Randy Van Gelder at 909-387-9218 orme at 909-387-9222, Very truly yours, ~ -Z, CR.vJt- Robert L. Reiter General Manager and Chief Engineer Directors and Officers EDWARD B. KILLGORE Division I GEORGE A, AGUILAR Division II PAT MILLIGAN Division III MARK BULOT Division IV STEVE COPELAN Division V ROBERT L REITER General Manager and Chief Engineer