HomeMy WebLinkAbout15-Development Services x ,
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution authorizing the
execution of a License Agreement with the
Dept: Development Services San Bernardino Valley Municipal Water
District, for the construction of a monitoring
Date: June 9, 2008 well on City property located at Nicholson
Park.
File No. 15.06-168 MCC Date: July 7, 2008
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution.
Valerie C. Ross
Contact person: Ryan Sandoval Phone: 5226
Supporting data attached: Staff Report,Map, Letter, Reso,Agreement Ward: 6
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes: sd Z oo 5 -.112 58
Agenda Item No. is
7/7/M
Page 1 of 2
V
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a License Agreement with the San Bernardino Valley
Municipal Water District, for the construction of a monitoring well on City property located at
Nicholson Park.
BACKGROUND:
The San Bernardino Valley Municipal Water District (SBVMWD) is coordinating a groundwater
study with the United States Geological Survey that will help plan for future water needs in the
Rialto-Colton basin. They have requested to drill a ground-water level monitoring well in
Nicholson Park (APN: 0142-051-13) located north of Second Street and west of Meridian
Avenue. The monitoring well is part of an ongoing study of the ground-water movement and
geologic framework in the Rialto-Colton groundwater basin.
In order to minimize the impact to the City's normal business at Nicholson Park, the proposed
monitoring well will be inconspicuously located within a low traffic-rated, below-ground vault in
an area that would be readily accessible for future monitoring. The Parks, Recreation and
Community Service Department met the consultant at the site and have no conflicts with this
proposal. Additionally, the San Bernardino Municipal Water Department has also indicated no
conflict with any of the operations. The drilling operation will take approximately 2 to 4 weeks
to complete. Drilling will take place between the hours of lam and 5:30pm Monday through
Friday. Detailed plans with dimensions specifying locations of the monitoring well will be
required to be submitted to the City Engineer for approval and all necessary permits will need to
be obtained prior to construction.
Upon termination of the agreement, SBVMWD will be required to restore the premises to its
previous grade and condition including removal of all appurtenances installed, to the satisfaction
of the City of San Bernardino.
The attached resolution authorizes the execution of a License Agreement with the San
Bernardino Valley Municipal Water District.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
- Map
- Letter
- Resolution
Page 2 of 2
v'
Tj
i
owuel ri
a' I`
Aw C14
AIL, ilk
tt
1350 South"E" Street—P.O. Box 5906
SAN BERNARDINO San Bernardino,CA 92412-5906
V Phone: (909)387-9200
FAX: (909)387-9247
IPAL DISTRICT
June 3, 2008
Ramon Mata
City of San Bernardino
300 North "D" Street, 3rd Floor
San Bernardino, CA 92418-0001
Subject: Proposed USGS Monitoring Well at Nicholson Park
Dear Mr. Mata,
The United States Geological Survey, in cooperation with the San Bernardino Valley Municipal Water
District, would like to drill a ground-water level monitoring well in the City of San Bernardino's Nicholson
Park (APN 142-051-13). The monitoring well is part of an ongoing study of the ground-water movement
and geologic framework in the Rialto-Colton groundwater basin. The well will be used to collect
important geologic and hydrologic information that will help plan for the future water needs in the Rialto-
Colton basin.
To minimize any impacts to the City, the proposed monitoring well would be inconspicuously located
within a traffic-rated, below-ground vault (see attached) in an area that would be readily accessible for
future monitoring. Based upon a field visit to this site, the District would propose constructing the well in
the general location shown on the attached aerial photograph.
Attached is a license agreement which was used in the past by the City and the District for previous
monitoring well installations. The agreement gives the District permission to enter onto the City's
property for purposes of constructing and collecting data from the proposed monitoring wells. Please let
us know if this agreement is acceptable to the City.
I would be interested in scheduling a meeting to discuss this project further. Please refer questions to
Dan Borell (387-9225), who will call to schedule a time.
Sincerely,
., Vim_ ';
Randy Van Gelder
General Manager
Directors and Officers
EDWARD B.KILLGORE GEORGE A.AGUILAR PAT MILLIGAN MARK BULOT STEVE COPELAN RANDY VAN GELDER
Division I Division 11 Division III Division IV Division V General Manager
TYPICAL WELL CONSTRUCTION
Borehole
(top of hole
approximately
18 inches in diameter)
I
% Wall �
vault
i� 0
i
100
Typical Drill Rig and Support Equipment
200
k
I r
leg y 300 w
U
LA-
8t�rtti 400 z
C) I
r co II
Well vault as it appears on surface 500 w 1
z
i
LA-
a
Well casing 600
W
(2 inches in diameterl
700
Well screen
1.20 feet in height)
Borehole 800
(bottom of hole
approximately
8 inches in diameterl
Total depth -1000 feet 900
View from top of typical borehole
<'Ssnd stive
oil
Honzwtafscategreaviieavggerated 1,000
C 0
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A LICENSE AGREEMENT WITH THE SAN BERNARDINO VALLEY
MUNICIPAL WATER DISTRICT, FOR THE CONSTRUCTION OF A MONITORING
4 WELL ON CITY PROPERTY LOCATED AT NICHOLSON PARK.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
6 SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized
8 and directed to execute on behalf of said City, a License Agreement with the San Bernardino
9 Valley Municipal Water District, for the purpose of constructing a ground-water monitoring well
10
11 on City owned property located at Nicholson Park, more specifically described in the License
12 Agreement, a copy of which is attached hereto as Exhibit "1" and made a part hereof.
13 SECTION 2. That the San Bernardino Valley Municipal Water District shall be required
14 to submit detailed plans and a legal description to the City Engineer for approval and obtain all
15 necessary permits prior to construction of the monitoring well.
16
17 SECTION 3. The authorization to execute the above-referenced agreement is rescinded
18 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
19 resolution.
20
21
22
23
24
25
26
27
28 7- 7-0-8
07/03/08 1 /00 0 , /S
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
1 LICENSE AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT,
FOR THE CONSTRUCTION OF A MONITORING WELL ON CITY PROPERTY LOCATED AT
2 NICHOLSON PARK.
3
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof
6 held on the day of , 20 , by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
10 BAXTER
11 BRINKER
12 DERRY
13 KELLEY
14
JOHNSON
15
16 MCCAMMACK
17
18
City Clerk
19
20 The foregoing resolution is hereby approved this day of , 20
21
22 PATRICK J. MORRIS, Mayor
City of San Bernardino
23 Approved as to form:
24
25
MES F. PENMAN
26 ity Attorney
27
28
07/03/08 2
LICENSE AGREEMENT
FOR THE CONSTRUCTION OF A MONITORING WELL
This Agreement made this day of , 2008, 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 a single parcel of real property, know as follows:
Nicholson Park, Assessor's Parcel Number 0142-051-13 (see Exhibit"A" attached) located at
the Northeast corner of West 2°a Street and Meridian Ave.
WHEREAS, the parties desire to provide for the construction, installation, operation, and
maintenance of a water monitoring well and appurtenant facilities upon said parcel 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 parcel for the purpose of constructing, installing, maintaining,
repairing or operating the aforementioned water monitoring well and appurtenant facilities. The
exact location of the well shall be subject to the approval of the City Engineer prior to
construction. Dimensions specifying the location of the monitoring well 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 will serve as consideration to the
City 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
EXHIBIT 661"
1
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 "B" 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 from or related to the exercise of any of the rights and privileges
granted herein; exercised by Licensee, its agents, employees, contractors, subcontractors or by an
one 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 employees. This indemnification
provision applies regardless of whether or not the Licensor has approved plans and/or
specifications for the project and operations for which this License is granted. With respect to
Licensee's actions for construction, installation, and maintenance and operation of a water
monitoring well and appurtenant facilities upon the parcel described herein, 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
from or related to the acts or omissions of Licensee, its agents, employees, contractors,
2
subcontractors, or by any one 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 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 wells
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 the USGS study of the
groundwater movement and geologic framework in the Rialto-Colton groundwater basin, and it
is understood by the parties that USGS crews and equipment will be involved in the work. This
License shall not be assigned or transferred by the Licensee, without the written consent of the
Licensor.
3
LICENSE AGREEMENT
FOR THE CONSTRUCTION OF A MONITORING WELL
IN WITNESS WHEREOF, The Parties hereto have caused the contract to be executed the day
and year first above written.
LICENSOR: LICENSEE:
By: [ [T COPY By: 1 13 [ COPY'
FRED WILSON, City Manager RANDY VAN GELDER, General Manager
City of San Bernardino SBVMWD
300 N"D" Street 1350 S "E" Street
San Bernardino, CA 92418 San Bernardino, CA 92408
Approved as to form:
By: EXHIBIT COPY
JAMES F. PENMAN, City Attorney
4
EXHIBIT A
Town of Rialto and Adjoining Subs. City of son Bernardino 0142— US
or,o ruo,rr uuuw o»n.
To Rate Area
M.B. 4/11 7002
Nicholson Park
PN.014205113
D %e[A+81AV--_— _ .Y T-- —ky[4L+--e 11- 0 -
1 °o
(1-D=
3 �
�— i[ff[k--0------*-----,,,— ,- e'--------Afro—-e-�
,rr„10
Assessor's Map
Book 0142 Page OS �-
D.—W 2003 San Bernardino County
1
i
5
s
EXHIBIT B
June 3, 2008
Ramon Mata
i City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
j Dear Mr. Mata,
Thank you for your assistance in processing the license agreement for constriction of a
monitoring well on City of San Bernardino 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$13,000,000. There are no claims pending against the fund.
If you have further questions regarding this matter please contact either Cindy Saks at
909-387-9224 or me at 909-387-9225.
Very truly yours,
s�
Dan Borell
GIS Coordinator
"s
LICENSE AGREEMENT
FOR THE CONSTRUCTION OF A MONITORING WELL
This Agreement made this day of , 2008, 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 a single parcel of real property, know as follows:
Nicholson Park, Assessor's Parcel Number 0142-051-13 (see Exhibit "A" attached) located at
the Northeast corner of West 2"d Street and Meridian Ave.
WHEREAS, the parties desire to provide for the construction, installation, operation, and
maintenance of a water monitoring well and appurtenant facilities upon said parcel 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 parcel for the purpose of constructing, installing, maintaining,
repairing or operating the aforementioned water monitoring well and appurtenant facilities. The
exact location of the well shall be subject to the approval of the City Engineer prior to
construction. Dimensions specifying the location of the monitoring well 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 will serve as consideration to the
City 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
1
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"B" 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 from or related to the exercise of any of the rights and privileges
granted herein; exercised by Licensee, its agents, employees, contractors, subcontractors or by an
one 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 employees. This indemnification
provision applies regardless of whether or not the Licensor has approved plans and/or
specifications for the project and operations for which this License is granted. With respect to
Licensee's actions for.construction, installation, and maintenance and operation of a water
monitoring well and appurtenant facilities upon the parcel described herein, 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
from or related to the acts or omissions of Licensee, its agents, employees, contractors,
2
subcontractors, or by any one 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 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 wells
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 the USGS study of the
groundwater movement and geologic framework in the Rialto-Colton groundwater basin, and it
is understood by the parties that USGS crews and equipment will be involved in the work. This
License shall not be assigned or transferred by the Licensee, without the written consent of the
Licensor.
6
3
LICENSE AGREEMENT
FOR THE CONSTRUCTION OF A MONITORING WELL
IN WITNESS WHEREOF, The Parties hereto have caused the contract to be executed the day
and year first above written.
LICENSOR: LICENSEE:
By: By:
FRED WILSON, City Manager RANDY VAN GELDER, General Manager
City of San Bernardino SBVMWD
300 N "D" Street 1350 S "E" Street
San Bernardino, CA 92418 San Bernardino, CA 92408
Approved as to form:
By:
J S F. PENMAN, City Attorney
4
EXHIBIT A
i»s rursror ixt rarass Town of Rialto and Adjoining Subs. City of San Bernardino 0142- OS
or.o ruons arum.onr M.B. 4/11 Tax Rate Area
7002
Nicholson Park O !��— ——
PN:01aY05113
e� r
orr:uo tx
111ess0"' Map
o.c.we.r iats3 Book 0142 Page 05
San Bernardino County
5
1
EXHIBIT B
June 3, 2008
Ramon Mata
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Dear Mr. Mata,
Thank you for your assistance in processing the license agreement for constriction of a
monitoring well on City of San Bernardino 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$13,000,000. There are no claims pending against the fund.
If you have further questions regarding this matter please contact either Cindy Saks at
909-387-9224 or me at 909-387-9225.
Very truly yours,
Dan Borell
GIS Coordinator
LICENSE AGREEMENT
FOR THE CONSTRUCTION OF A MONITORING WELL
This Agreement made this day of , 2008, 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 a single parcel of real property, know as follows:
Nicholson Park, Assessor's Parcel Number 0142-051-13 (see Exhibit"A" attached) located at
the Northeast corner of West 2"d Street and Meridian Ave.
WHEREAS, the parties desire to provide for the construction, installation, operation, and
maintenance of a water monitoring well and appurtenant facilities upon said parcel 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 parcel for the purpose of constructing, installing, maintaining,
repairing or operating the aforementioned water monitoring well and appurtenant facilities. The
exact location of the well shall be subject to the approval of the City Engineer prior to
construction. Dimensions specifying the location of the monitoring well 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 will serve as consideration to the
City 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
1
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"B" 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 from or related to the exercise of any of the rights and privileges
granted herein; exercised by Licensee, its agents, employees, contractors, subcontractors or by an
one 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 employees. This indemnification
provision applies regardless of whether or not the Licensor has approved plans and/or
specifications for the project and operations for which this License is granted. With respect to
Licensee's actions for-construction, installation, and maintenance and operation of a water
monitoring well and appurtenant facilities upon the parcel described herein, 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
from or related to the acts or omissions of Licensee, its agents, employees, contractors,
2
i
i
subcontractors, or by any one 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 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 wells
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 the USGS study of the
groundwater movement and geologic framework in the Rialto-Colton groundwater basin, and it
is understood by the parties that USGS crews and equipment will be involved in the work. This
License shall not be assigned or transferred by the Licensee, without the written consent of the
Licensor.
3
LICENSE AGREEMENT
FOR THE CONSTRUCTION OF A MONITORING WELL
IN WITNESS WHEREOF, The Parties hereto have caused the contract to be executed the day
and year first above written.
LICENSOR: LICENSEE:
By: By:
FRED WILSON, City Manager RANDY VAN GELDER, General Manager
City of San Bernardino SBVMWD
300 N "D" Street 1350 S "E" Street
San Bernardino, CA 92418 San Bernardino, CA 92408
it
Approved as to form:
By: �(!L? ,
J F. PENMAN, City Attorney
4
1
1
i
I
•
t
EXHIBIT A
ius urrsro.s..rn.rou Town of Rialto and Adjoining Subs. City of San Bernardino 0142- O5
r cr xu u,css+a rnax our. M.B. 4/11 T" Rate Area
7002
Nicliolaon Park C —L,` —
PN 014205113
= or
on c GQ oe
dJ
�- - i
-..
°'-
O - -I. T
oen.ror.x
Assessor's "ap
0.—b.. 2003 Book 0142 Page 05
San Bernardino Coonly
5
i
EXHIBIT B
June 3, 2008
I
Ramon Mata
j City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Dear Mr. Mata,
Thank you for your assistance in processing the license agreement for constriction of a
monitoring well on City of San Bernardino 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$13,000,000. There are no claims pending against the fund.
If you have further questions regarding this matter please contact either Cindy Saks at
909-387-9224 or me at 909-387-9225.
Very truly yours,
Dan Borell
GIS Coordinator
3
LICENSE AGREEMENT
FOR THE CONSTRUCTION OF A MONITORING WELL
This Agreement made this day of , 2008, 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 a single parcel of real property, know as follows:
Nicholson Park, Assessor's Parcel Number 0142-051-13 (see Exhibit "A" attached) located at
the Northeast corner of West 2nd Street and Meridian Ave.
WHEREAS, the parties desire to provide for the construction, installation, operation, and
maintenance of a water monitoring well and appurtenant facilities upon said parcel 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 parcel for the purpose of constructing, installing, maintaining,
repairing or operating the aforementioned water monitoring well and appurtenant facilities. The
exact location of the well shall be subject to the approval of the City Engineer prior to
construction. Dimensions specifying the location of the monitoring well 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 will serve as consideration to the
City 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
1
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 "B" 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 from or related to the exercise of any of the rights and privileges
granted herein; exercised by Licensee, its agents, employees, contractors, subcontractors or by an
one 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 employees. This indemnification
provision applies regardless of whether or not the Licensor has approved plans and/or
specifications for the project and operations for which this License is granted. With respect to
Licensee's actions fora construction, installation, and maintenance and operation of a water
monitoring well and appurtenant facilities upon the parcel described herein, 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
from or related to the acts or omissions of Licensee, its agents, employees, contractors,
2
s
subcontractors, or by any one 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 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 wells
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 the USGS study of the
groundwater movement and geologic framework in the Rialto-Colton groundwater basin, and it
is understood by the parties that USGS crews and equipment will be involved in the work. This
License shall not be assigned or transferred by the Licensee, without the written consent of the
Licensor.
3
LICENSE AGREEMENT
FOR THE CONSTRUCTION OF A MONITORING WELL
IN WITNESS WHEREOF, The Parties hereto have caused the contract to be executed the day
and year first above written.
LICENSOR: LICENSEE:
By: By:
FRED WILSON, City Manager RANDY VAN GELDER, General Manager
City of San Bernardino SBVMWD
300 N "D" Street 1350 S "E" Street
San Bernardino, CA 92418 San Bernardino, CA 92408
Approved as to form:
By:
.IA E F. PENMAN, City Attorney
4
0
EXHIBIT A
ix•s .rrsrolntruxrosl Town of Rialto and Adjoining Subs. City of San Bernardino 0142— OS
iaoYlY oYY:�cI Ixl�.
_—
L M.B. 4/11 Tax Rote Area
7002
NiUOlson PaAc ZT
PN.014205113 v
sF Yf++91lX-—--— - •Y —--—'-—--— -- —---- - A-Y Ex DE- --
U, - cn o
T
lit
IEYi{[e
01/}{/et lx
Assessor's Map
Book 0742 Page OS
D.e.nb.Y 2007 San Bernardino County i
i
5
EXHIBIT B
f
June 3, 2008
Ramon Mata
I City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Dear Mr. Mata,
Thank you for your assistance in processing the license agreement for construction of a
monitoring well on City of San Bernardino 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$13,000,000. There are no claims pending against the fund.
If you have further questions regarding this matter please contact either Cindy Saks at
909-387-9224 or me at 909-387-9225.
Very truly yours,
a�
Dan Borell
GIS Coordinator