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Home My WebLink About25O- WELLS FISHER-SANTIAGO PARK REQUEST FOR COUNCIL ACTION CITY COUNCil MEETING DATE: CLERK OF COUNCil USE ONLY: OCTOBER 6, 2008 TITLE: APPROVED As Recommended As Amended Ordinance on 151 Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For AGREEMENT WITH ORANGE COUNTY WATER DISTRICT TO INSTALL MONITORING WELLS AT FISHER AND SANTIAGO PARKS ~ (Ul)?Z CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Direct the City Attorney to prepare and authorize the City Manager and Clerk of the Council to execute the attached agreement with the Orange County Water District to install two monitoring wells at Fisher and Santiago Parks, subj ect to non-substantive changes approved by the City Manager and City Attorney. BOARD OF RECREATION AND PARKS Recommended approval of the agreement with the Orange County Water District to install water monitoring wells at Fisher and Santiago Parks, at their meeting of September 24, 2008, by a unanimous vote of 7:0:1. DISCUSSION The Orange County Water District is proposing to release water down Santiago Creek to replenish the ground water table in the Santa Ana aquifer. For the purpose of analyzing the rate of water percolation in the aquifer and the amount of water to release in the Santiago Creek, the Orange County Water District is requesting permission to install one moni toring well at both Fisher Park and Santiago Park. The installation would require access for a large drill rig into the park site. Construction will take approximately 2 months and the drill operation will only occur during day time hours. Upon installation completion, the only visible trace in the park will be a manhole cover that will be installed flush with the existing turf grade. Any damage to the park and/or landscape will be repaired by the Water District. 250-1 Agreement with the OCWD for Monitoring Wells October 6, 2008 Page 2 In Fisher Park, the monitoring well will be constructed on the northwest corner of the park site, just west of the log cabin. In Santiago Park, the monitoring well will be constructed on the north side of the park roadway, east of the Main Street entrance. The Orange County Water District will moni tor the water percolation approximately once a month. The proposed locations of the wells will not impact any park fields or activity areas. If this project is successful, the City will benefit with the enjoyment of water flowing through Santiago Creek. On September 24, 2008 the Board of Recreation and Parks discussed the proposed project request and recommended that the City Council approve the agreement with the Orange County Water District to install monitoring water wells at Fisher and Santiago Parks. FISCAL IMPACT There is no fiscal impact associated with this project. Gerardo Mouet Executive Dire tor, Parks, Recreation and Community Service Agency 250-2 LICENSE AGREEMENT WITH ORANGE COUNTY WATER DISTRICT FOR INSTALLATION OF MONITORING WELL (FISHER PARK) THIS LICENSE AGREEMENT, made this _ day of September, 2008, by and between the City of Santa Ana, a municipal corporation of the State of California, herein termed "City", and Orange County Water District, created by a Special Act ofthe Legislature in 1933, herein termed "Grantee"; WITNESSETH In consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto agree as follows: 1. City hereby licenses Grantee, subject to the reservations, covenants and conditions herein contained, to construct, reconstruct, access, maintain and operate a monitoring well, hereinafter termed "structure", in Fisher Park at the location shown on the attached Exhibit "A". Said structure shall be installed in accordance with attached Exhibit "B". 2. This license is made subject and subordinate to the prior and continuing right and obligation of City to use the park described herein in the performance of its duty as a municipal corporation. 3. This license is made subject to all licenses, leases, easements, restriction, conditions, covenants, encumbrances, liens and claims of title which may affect said park. 4. The Grantee shall pay legal, engineering and inspection fees incurred by City in connection with plan checking, construction, operation and maintenance of the structure pursuant to this License Agreement. Page 1 of7 250-3 9/25/2008 5. The rights herein provided to Grantee shall lapse and become void if the construction of said structure upon said park is not commenced within one (1) year from the date of this License Agreement. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing, accessing, operating and maintaining the structure in Fisher Park, as well as the entire cost and expense of excavating and reconstructing the immediate area around the structure. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as allowed under a permit obtained from City. A project marker in a form and size satisfactory to the City identifying the facility and its owner shall be installed and constantly maintained by, and at the expense of, Grantee on the cover over the monitoring well or such location as City shall approve. Absence of the marker does not constitute a warranty by City that the subsurface installation does not exist and City does not assume any responsibility for protection of Grantee's equipment. 7. In the event City shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, reinforce or alter said structure upon receipt of written notice from City to do so. All such work shall be performed by Grantee or by any means authorized by it. 8. Grantee, its agents and employees shall have the privilege of entry onto Fisher Park, under permit, for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to keep the monitoring well and the immediate area around the well, in a good safe condition, free from hazards and obstructions, so far as affected by Grantee's operations, to the satisfaction of City. If Grantee fails to keep the monitoring well, and immediate area around the monitoring well, in good and safe condition, free from hazards and obstructions, then City may 250-4 9/25/2008 Page 2 of7 - perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 9. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee or any property under the control or custody of Grantee while on City property incident to the construction or maintenance of said structure caused by or contributed to in any way by the construction, operation, maintenance or presence on City's park or any utilities or pipelines upon or under said park area at the above mentioned location. Grantor, its agents and employees, shall take all reasonable precaution when working near Grantee's structure. 10. Public Liability Insurance. Grantee shall maintain public liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Grantee's operations in the performance ofthis Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and propelty damage, in the total amount of$I,OOO,OOO per occurrence. Grantee shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. 11. Grantee shall indemnify and save harmless City, its officers, agents and employees, from and against any and all damages to property or injuries to or death of 250-5 9/25/2008 Page 3 of7 - persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers, agents, employees, successors and assigns, from all claims, demands, suits, actions or proceedings of any kind, and all costs and expenses, including but not limited to reasonable attorney fees, settlements or judgments, for loss of or damage to property and for injuries to or deaths of persons, including property and employees or agents of City, arising out of the construction, reconstruction, maintenance, presence, operation, use or removal of said structure, regardless of any negligence or alleged negligence on the part of City, its officers, agents and employees arising out of the construction maintenance, presence, operation, use or removal of said structure. Grantee shall further defend, indemnify, and save harmless City, its officers, agents and employees, from and against all claims, demands, sits, actions or proceedings resulting from or arising out of the negligent, intentional or malicious acts or omissions of Grantee, its employees, contractors or subcontractors. Should Grantee, its successors or assigns, at any time abandon the use of said structure or any part thereof or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (I) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and City shall at once have the right, in addition to, but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property. 12. Upon termination of the rights and privileges hereby provided, Grantee, at his own cost and expense, agrees to remove said structure from Fisher Park and restore the immediate area around the monitoring well as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee 250-6 9/25/2008 Page 4 of7 - fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by City, at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 13. This Agreement shall inure to the benefit of and be binding upon the successors and assigns ofthe parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. "Grantee" Orange County Water District The "City" City of Santa Ana A Charter City By: President By: Miguel Pulido, Mayor By: General Manager Attest: Approved as to Form: By: Patricia E. Healy Clerk of the Council By: General Counsel, Orange County Water District Approved as to Form: Joseph Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney 250-7 9/25/2008 Page 5 of7 - Page 6 of7 - -;.::-, .~ J~)/'~~..r" ",)~ '"\ ~ .... '~,,:" t~ I ~ , ~:, ",(' '""'" ."...... ~ r-- - ~'. " --"L - ..... I~:i --~I <II 't~""'1 ,.. II,,..... I~ :i; ~.~ ~ ~1 ..",V.l ~ V....." t t--"'--;/ " ~...~ t ":0.", ___' ~(~t~:J ~~t ;'1 {....~I r>""~ ,. ~_..<;--~ f ~''''<''J J" ... EXHIBIT "A" ~i rr , ~ ~('l ~. ~';'. ~ Ft. 0;;-. ~.. .......l\ :~ ,::=.. j) :~ </ EXHIBIT "A" 250-8 ) LX ~C) ....2: - r~ ~~ :j ..tl l...) 2. 9/25/2008 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as lS afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. 250-9 9/25/2008 (Completion of the following, including countersignature, lS required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative Page 70f7 LICENSE AGREEMENT WITH ORANGE COUNTY WATER DISTRICT FOR INSTALLATION OF MONITORING WELL (SANTIAGO PARK) THIS LICENSE AGREEMENT, made this _ day of September, 2008, by and between the City of Santa Ana, a municipal corporation of the State of California, herein termed "City", and Orange County Water District, created by a Special Act ofthe Legislature in 1933, herein termed "Grantee"; WITNESSETH In consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto agree as follows: 1. City hereby licenses Grantee, subject to the reservations, covenants and conditions herein contained, to construct, reconstruct, access, maintain and operate a monitoring well, hereinafter termed "structure", in Santial!o Park at the location shown on the attached Exhibit "A". Said structure shall be installed in accordance with attached Exhibit "B". 2. This license is made subject and subordinate to the prior and continuing right and obligation of City to use the park described herein in the performance of its duty as a municipal corporation. 250-1 0 9/25/2008 3. This license is made subject to all licenses, leases, easements, restriction, conditions, covenants, encumbrances, liens and claims oftitle which may affect said park. 4. The Grantee shall pay legal, engineering and inspection fees incurred by City in connection with plan checking, construction, operation and maintenance of the structure pursuant to this License Agreement. Page 1 00 5. The rights herein provided to Grantee shall lapse and become void if the construction of said structure upon said park is not commenced within one (1) year from the date of this License Agreement. 6. Grantee shall bear the entire cost and expense of constructing, reconstructing, accessing, operating and maintaining the structure in Santiago Park, as well as the entire cost and expense of excavating and reconstructing the immediate area around the structure. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as allowed under a permit obtained from City. A project marker in a form and size satisfactory to the City identifying the facility and its owner shall be installed and constantly maintained by, and at the expense of, Grantee on the cover over the monitoring well or such location as City shall approve. Absence of the marker does not constitute a warranty by City that the subsurface installation does not exist and City does not assume any responsibility for protection of Grantee's equipment. 7. In the event City shall at any time so require, Grantee, at Grantee's expense, shall reconstruct, reinforce or alter said structure upon receipt of written notice from City to do so. All such work shall be performed by Grantee or by any means authorized by it. 8. Grantee, its agents and employees shall have the privilege of entry onto Santiago Park, under permit, for the purpose of constructing, reconstructing, maintaining and making necessary repairs to said structure. Grantee agrees to keep the monitoring well, and the immediate area around the well, in a good safe condition, free from hazards and obstructions, so far as affected by Grantee's operations, to the satisfaction of City. If Grantee fails to keep the monitoring well, and immediate area around the monitoring well, in good and safe condition, free from hazards and obstructions, then City may 250-11 9/25/2008 Page 2 of7 - - perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 9. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee or any property under the control or custody of Grantee while on City property incident to the construction or maintenance of said structure caused by or contributed to in any way by the construction, operation, maintenance or presence on City's park or any utilities or pipelines upon or under said park area at the above mentioned location. Grantor, its agents and employees, shall take all reasonable precaution when working near Grantee's structure. 10. Public Liability Insurance. Grantee shall maintain public liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Grantee's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefi-om, and property damage, in the total amount of$I,OOO,oOO per occurrence. Grantee shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. 11. Grantee shall indemnify and save harmless City, its officers, agents and employees, from and against any and all damages to property or injuries to or death of 250-12 9/25/2008 Page 3 of7 - .. persons, including property and employees or agents of City, and shall defend, indemnify and save harmless City, its officers, agents, employees, successors and assigns, from all claims, demands, suits, actions or proceedings of any kind, and all costs and expenses, including but not limited to reasonable attorney fees, settlements or judgments, for loss of or damage to property and for injuries to or deaths of persons, including property and employees or agents of City, arising out of the construction, reconstruction, maintenance, presence, operation, use or removal of said structure, regardless of any negligence or alleged negligence on the part of City, its officers, agents and employees arising out of the construction maintenance, presence, operation, use or removal of said structure. Grantee shall further defend, indemnify, and save harmless City, its officers, agents and employees, from and against all claims, demands, sits, actions or proceedings resulting from or arising out of the negligent, intentional or malicious acts or omissions of Grantee, its employees, contractors or subcontractors. Should Grantee, its successors or assigns, at any time abandon the use of said structure or any part thereof or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (I) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and City shall at once have the right, in addition to, but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property. 12. Upon termination of the rights and privileges hereby provided, Grantee, at his own cost and expense, agrees to remove said structure from Santiago Park and restore the immediate area around the monitoring well as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee 250-13 9/25/2008 Page 4 of7 - fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by City, at the expense of Grantee, which expense Grantee agrees to pay to City upon demand. 13. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. "Grantee" Orange County Water District The "City" City of Santa Ana A Charter City By: President By: By: Miguel Pulido, Mayor General Manager Attest: Approved as to Form: By: Patricia E. Healy Clerk of the Council By: General Counsel, Orange County Water District Approved as to Form: Joseph Fletcher, City Attorney By: Jose Sandoval Managing Senior Assistant City Attorney Page 5 of7 250-14 9/25/2008 - - Page 60f7 - EXHIBIT "A" J!( ..' "-- (fJ m ::J r+ -. Q) to o "0 m ... :-:- ~5 e~ 250-15 9/25/2008 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out ofthe operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the followingr including countersignaturer is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative Page 7 of7 250-16 9/25/2008 -