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Home My WebLink About2008-258 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2008-258 RESOLUTION OF THE CITY OF SAN BERNARDINO 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, a License Agreement with the San Bernardino Valley Municipal Water District, for the purpose of constructing a ground-water monitoring well on City owned property located at Nicholson Park, more specifically described in the License Agreement, a copy of which is attached hereto as Exhibit" I " and made a part hereof. SECTION 2. That the San Bernardino Valley Municipal Water District shall be required to submit detailed plans and a legal description to the City Engineer for approval and obtain all necessary permits prior to construction of the monitoring well. SECTION 3. The authorization to execute the above-referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 1// //1 07/03/08 I 2008-258 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof , 20~, by the following vote, to wit: held on the 7th day of July Council Members: AYES ESTRADA X BAXTER X X BRINKER DERRY X KELLEY X X JOHNSON MCCAMMACK X ABSTAIN ABSENT NAYS a~ /:1.~ City Oerk The foregoing resolution is hereby approved this 9TH' day of July ,20~. v- ,. ": CK J. MO , ayor I of San Bernardino Approved as to form: MES F. PENMAN ity Attorney 07/03/08 2 2008-258 EXHIBIT "1" LICENSE AGREEMENT FOR THE CONSTRUCTION OF A MONITORING WELL This Agreement made this 7 t h day of July , 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: I. 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 I 2008-258 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 2008-258 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 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. 1// //1 3 2008-258 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. LICENSEE: By~k;J1- RANDY V AN GELDER, General Manager SBVMWD 1350 S "E" Street San Bernardino, CA 92408 By: FRED L ON, City Manager City of San Bernardino 300 N "D" Street San Bernardino, CA 92418 Approved as to form: ,~ SF. PENMAN, City Attorney 4 ""'"'''''101''''''' "...."."1..."...." ~ &::\ ~I:J 0........2003 @ I" . '! . T , ! . I.. (D~ '"." 2008-258 EXHIBIT A Town of Rialto and Adjoining Subs. M.B. 4/11 Clfyof Sanhrnordlno0142-05 Tu Rol. Areo 7002 , ---.-,------- ------= l/J1~-- -- @I '@f 0: 6; 1 . . ~ --~-ftff(t - -- - - ~ - _'_:0- - - - .--. @; @; ----.- ~I ...,j- ;;;1..... 5 -il <p 'II ~! "~ ~I 'I --HEillf--.-~ t.11 ..' I - ;j; :::,; . l' @; "I , o ~,~ I ,,",, ,Id I ,;;0;;-- -, ~I ~ " 6; 6; 1 , . ."- T 6 -, j L :::q... -, , .. I :o----------HEiH--!---l- m"" "1l''''1' Annsor's Wap Book 01-42 Pag. 05 San hrnardlna COllnly " 2008-258 EXHIBIT B June 3, 2008 Ran10n 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 construction of a monitoring well on City of San Bernardino land. This letter is to provide you with confirmation ofthe 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. ~trW;:P or' Dan Borell GIS Coordinator