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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