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RESOLUTION NO. 2017-156
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE
EXECUTION OF AMENDMENT NO. 2 TO THE LICENSE AGREEMENT WITH
LOCKHEED MARTIN CORPORATION
WHEREAS, on June 21, 2017, by Resolution No. 2017-108 the Mayor and City
Council authorized and directed the execution of a License Agreement with Lockheed Martin
I Corporation for an encroachment at 1188 Scenic Drive, 1364 Camino Real, and 463 MacKay
Drive within the City for the installation of three groundwater monitoring wells; and
WHEREAS, on July 19, 2017, the Mayor and City Council authorized a Resolution
and directing the execution of Amendment No. 1 to the License Agreement; and
WHEREAS, on July 5, 2017, Tetra Tech, acting on behalf of Lockheed Martin
Corporation, requested a License Agreement for an encroachment at 1400 South E Street for
the installation of a groundwater monitoring cluster which is of the same character and nature
of the three sites already covered by the License Agreement
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council of the City of San Bernardino hereby
approve Amendment No. 2 to the License Agreement with Lockheed Martin Corporation.
SECTION 2. The City Manager or her designee is hereby authorized and directed to
execute on behalf of the City Amendment No. 2, a copy of which is attached hereto and
incorporated herein as Exhibit "A".
SECTION 3. The authorization to execute the above referenced Amendment No. 2 is
rescinded if the parties fail to execute it within ninety (90) days of the passage of this
Resolution and return same to Office of the City Clerk.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE
EXECUTION OF AMENDMENT NO. 2 TO THE LICENSE AGREEMENT WITH
LOCKHEED MARTIN CORPORATION
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the
16a` day of Augus 2017, by the following vote, to wit:
Council Members:
MARQUEZ
BARRIOS
VALDIVIA
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS
X
XM
x
x
X
X(S)
ABSTAIN ABSENT
Georgeg6 Hanna, CMt, City Clerk
The foregoing Resolution is hereby approved this 16'h day of Ai
R. Carey D;
City of San
Approved as to form:
Gary D. Saenz, City Attorney
2
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, Mayor
Bt
i
2
20
, Mayor
AMENDMENT NO.2 TO LICENSE AGREEMENT
WHEREAS, on June 21, 2017 by Resolution No. 2017-108 the Mayor and City
Council authorized and directed the execution of a License Agreement with Lockheed Martin
Corporation for an encroachment at 1188 Scenic Drive, 1364 Camino Real, and 463 MacKay
Drive within the City for the installation of three groundwater monitoring wells; and
WHEREAS, on July 19, 2017 the Mayor and City Council authorized a Resolution
directing the execution of Amendment No. 1 to the License Agreement with Lockheed Martin
Corporation for three additional wells, one at each of the aforementioned sites; and
WHEREAS, Lockheed Martin Corporation requires the installation of two additional
groundwater monitoring wells at a fourth site, 1400 South E Street.
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
The body of Section 1 of the aforementioned License Agreement shall be replaced in
its entirety with the following: City hereby gives permission, removable and terminable as
hereinafter provided, to Licensee for encroachment of eight (8) groundwater monitoring wells
and appurtenances thereto ("Wells") to be located in and under Scenic Drive, Camino Real,
MacKay Drive and E Street, all public streets in the City of San Bernardino, as shown on
Figures 1A, 2A, and 4A of Exhibit "1" and Figures 1 and 2 of Exhibit "3" ("Encroachment
Area"), attached hereto and incorporated herein by reference in accordance with those letters
dated May 9, 2017 and July 3, 2017, from Tetra Tech, a consultant for and on behalf of
Licensee, as set forth in said Exhibit "1" and Exhibit "3", respectively, and subject to any
requirements or conditions as may be imposed by the Director of Public Works of the City, or
his/her designee. Use of said Encroachment Area shall be for the right to construct, maintain,
inspect, operate, protect, repair, replace and retain in place the Wells as indicated
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schematically on Figure 5 of said Exhibit 'T'. Licensee agrees to install, use and maintain
said Encroachment Areas required by this Agreement. All Wells installed, located or
maintained pursuant to this Agreement shall be so placed and maintained as not to interfere
with the use of any public streets, highways, alleys or bridges by the traveling public to any
greater extent than is reasonably necessary, and the placement of any Wells shall be subject to
approval of the Director of Public Works so as not to interfere or conflict with any existing, or
future storm drains, sewers, water lines and any other utilities or improvements owned by the
City. In installing, replacing, repairing or maintaining said Wells, the Licensee shall fill all
trenches and leave the surface of said streets, highways or alleys in as good condition as it
was prior to excavating for said installation, replacement, repair or maintenance to the
satisfaction of City, and shall comply with any and all Federal, State and local laws, rules and
regulations applicable thereto, including the requirement for obtaining street cutting permits.
Street cuts, temporary encroachment permits and restoration of street cuts shall be completed
pursuant to City Standard 310 and subject to the requirements as set forth in Chapter 12.03 of
the City of San Bernardino Municipal Code.
Section 2 of the aforementioned License Agreement: Amend "shown in Exhibits 2-A,
2-B, 2-C, 2-D, 2-E and 2-17" to read "shown in Exhibits 2-A, 2-13, 2-C, 2-D, 2-E, 2-F, 2-G and
2-H"
Exhibits 2-G, 2-H and 3 attached hereto and incorporated herein to be attached to the
aforementioned License Agreement.
Except as herein amended, all terms and conditions of the License Agreement shall
continue in full force and effect.
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Amendment No. 2 to License Agreement
CITY OF SAN BERNARDINO:
i
ANDREA M. N4ILLER, City Manager
Date Executed: u I A-� (r ! ]
City:
CITY OF SAN BERNARDINO
C/O Public Works - Real Property
290 North "D" Street
San Bernardino, CA 92401
Approved as to form:
GARY D. SAENZ, City Attorney
B
A
Georgeann anna, CMC, Clerk
LOCKHEED MARTIN ORPORATION:
KEVIN PEARSON, Wrector of Remediation
Date Executed: VS/,/ -7
Licensee:
LOCKHEED MARTIN CORPORATION
Energy, Environment, Safety & Health
2550 North Hollywood Way, Suite 406
Burbank, CA 91505
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