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Home My WebLink AboutN2015-0357City ofNewport Beach 111111111111111111111111111111111111111111i� 1111 111 1� Permit No: N2015-0357 Center Beach, CA 92660 Permit Counter Phone (949)644-3311 Project No: u Online Inspection Request- www.newportbeachca.gov/Online o�R,r Services Inspection Requests Phone (949)644-3255 ob Address: 1 PUBLIC ROW NB Thomas:Guide: ascription : BIG CANYON PARK. Installation of three (3) monitoring wells (P-49, P-50, P-51) using hollow stem auger drilling methodology. Each well may be up to 0-feet in depth. Each well will be completed with flush mounted , traffic -rated boxes set into concrete. See attached License and Encroachment greement for more details. arcel # : egal Desc : Iwner. MEILANI BOWMAN-KAMAHA'O Contractor: BC2 ENVIRONMENTAL hone: Phone: 714-744-2990 Adress : Address: 1150 W. TRENTO AVEN ORANGE CA Contractor State Lic: 969758 applicant: MEILANI BOWMAN-KAMAHA'O License Expire; 0229, 2016 'hone : 949-202-6849 [ kddress : 121 INNOVATION DR. SUITE 200 Business License : BT30026893 Business Expire : 02 28, 2016 Ipecial Cond.: Preconstruction meeting required with Workers' Compensation Insurance - - Public Works inspector. Carrier : TRAVELERS Policy No: DTJUB7E793159 W. C. Expire: 06 30, 2016 Wmit Processing Fee : $242.00 Sewer Connection: $0.00 Total Fee $1,045.00 agreement Fee : $495.00 4TT Box Cover: $0.00 Paid : $1,045.00 'raffic control Plan Check : $0.00 Total Water Meters: $0.00 Balance: $0.00 ispection Fee : $308.00 Water Meter Connection : $0.00 Receipt No: tefundable Deposit: $0.00 Total Water Meter Box: $0.00 ;treat Tree Fee : $0.00 Adjustment : $0.00 'rocessed By : Date : _/_/_ Other Department: Date Rilities Approval : Date : _/ / Permit Denied Date: -raffic Approval : Date : _/_/ Issued Permit: Date: 1( / 1 Z/ j 3eneral Services Approval : Date : _/_/ WORKSHEET FOR ENCROACHMENT PERMIT CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT jPROJECT ADDRESS: Big Canyon Park AILED DESCRIPTION OF PROPOSED WORK: DETAILED See attached transmittal APPLICANT: Meilani Bowman-Kamaha'o lPhone: 949-202-6849 Email Address: Meilani.Bowman(o)amecfw.com - -Walling Address: 121 Innovation Dr. Ste 200 City/State/Zip: 1 Irvine, CA 92617 OWNER: Ford Motor Company / CA,i a rl ei ok-F jPhone: 313-390-0875_ Email Address: Mailing Address: p: 290 Town Center Dr. Ste 800 Dearborn, MI 48126 ALL CONTRACTOR INFORMATION IS REQUIRED -PLEASE COMPLETE CONTRACTOR8C2 Environmental I Amec Foster Wheeler lOffice Phone: 714-744-2990 Company (if different): -202-6849 Other Phone: Email Address: dtorices@bc2env.com Mailing Address: 1150 W Trenton Ave Tc-Itystate/zip: I Orange, CA 92867 State License Number & Class: 969758 Expires: 212P/20181 ICity Business License Number: '�7 el Expires: 6/30/2016 WORKERS COMPENSATION INSURANCE - Certificate of Insurance (Section 3800 Labor Code) Company: exempt Policy NO: na Expires: na .... ...... ...... ...... ............ ........ . ........... .......... ............... FOR OFFICE USE ONLY Special Conditions of Permit: ADDITIONAL APPROVAL REQUIRED FROM THE FOLLOWING DEPARTMENTS Utilities: General Services: E�] Traffic: Fire: Other: Engineering Technician: Public Works Sr Permit No. Public Works Department 949-644-3311 FEE WORKSHEET FOR ENCROACHMENT PERMIT I CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT Permit Processing Fee: Public Works Only Other Department Agreement Fee: Preparation of Report/Agreement Document Recordation Fee Monitoring Wells Street/Alley/Walk Closure: Traffic Control Plan Check 8-1/2" x 11" 24" x 36" Additional N2015- () -1 Inspection Fee: $242.00 Public Works Field Inspection $319.00= Utilities Field Inspection General Services Inspection Water Quality/Artificial Turf Inspection $900.00� $209.00 Refundable Deposit: $495.00 Improvements $55.000 Newspaper Rack Inspection $55.00 Sewer Connection Fee $139.00H 4TT Box & Cover Certificate of Compliance Fee (+100i of My over 3 hrs) Development Services Fee Final Tract Map Checking Fee Final Parcel Map Checking Fee - Simple Final Parcel Map Checking Fee - Moderate Final Parcel Map Checking Fee - Complex Lot Line Adjustment Fee Park Dedication Fee Zone _ Street Easemt/Vacation Fee (+100 i of hriy over 4 hrs) Street Tree Fee ($700 Planting Fee) $154.00 ?- $198.00 $154.00 $60.00 TBD TBD $62.00 $250.00 $54.72 $288.00 TBD $3,489.00 $374.00 $2,297.00 $3,489.00 $1,089.00 TBD $983.00 TBD 5200-5029 5200-5015 5200-5026 5200-5027 5200-5027 5200-5027 5200-5028 405-470 5200-5031 030-2284 Engineering Tech: Total Amount Due: For Finance use only Permit Specialist Receipt No. f/users/pbw/shared/encroach/masters/ep front and back masters/ Rev. 06-25-2015 I V/ epfe.sh..L.fa-revised 612512015 APPLICATION FOR WELL CONSTRUCTION PERMIT ORANGE COUNTY HEALTH CAREAOENCY 1241 E. DYER ROAD, SURE 12U (114)435.SWCEWFD HCA, ENVIRONMENTAL HEALTH DIVISION SAWA AN.% CA 92755.5511 FAX (714)4358481 CITY DATE JUL 16 ZU15 Newport Beach 07/15/15 m WELL LOCATION (ADDRESS IF AVAILABLE) See map kql L 64-'VYCri./ /4,/4JL jC L7�1�ENnVIICt�ONM�ipf FIL mmA NAME OF WELL OWNER Chuck Pinter TYPE OF WELL (CHECK) PROBE SURVEY ❑ —I PRIVATE DOMESTIC ❑ MONITORING ®. C ADDRESS 280 Town Center Dr. PUBLIC DOMESTIC ❑ SOIL BORING ❑ IRRIGATION ❑ OTHER ❑ m A CITY LP TELEPHONE Dearborn 48126 313-390-OB75 CATHODIC TOTAL NUMBER 3 M�'� NAME OF CONSULTING FIRA� Amec Foster Wheeler, Environment & Intrastructure A. WELLS— SUBMIT A WELL CONSTRUCTION DIAGRAM BUSINESSADDRESS 121 Innovation Drive, Suite 200 (INCLUDE DIMENSIONS) CITY ZIP TELEPHONE Irvine 92617 949-722-4126 B. SOIL BORINGS AND PROBES — TOTAL DEPTH up to 30 feet NAME OF DRILLING CO. 6G2, I C-57 LICENSE NO. eeaeadeB gtP ErwCwe 9U9-1 58 SEALING MATERIAL neat cement or bentonite grout C. PROPOSED START DATE 07/2312015 ^` CITY TELEPHO E UpleR4ioruh9e ZIP IA - O DIAGRAM OF WELL SITE (Use additlonal sheets and/or attachments) I hereby agree to comply in every respect with all requirements of the Health Care Agency and with all (see attached map) ordinances and laws of the County of Orange and of the State of California pertaining to well construction, reconstruction and destruction, including the require- ments to maintain the integrity of all significant confining zones. ��GCGZ>C{�' /,JCiLUii'��t"/IuI�lALv27[A 7/�(Q/� APPLICANTS SIGNATURE DATE Mei Iavil' &AavL- w6iob PRINT NAME gq ) R0a--Ce9149 ❑ SITE PLAN ATTACHED FAXNUMBER FOR ACCOUNTING USE OF PERMIT (DO NOT FILL IN): /`ONLY: /7�� //r� 50 1 `� �{�') r ��DISPOSITION THE FOLLOWING CONDITIONS: HSU NO. CHECKNO. ,[ys APPROVED SUBJECT TO /r.-/LC/ DATE / -I 15 AMOUNT S / • - ^ A 1 A. NOTIFY THIS AGENCY AT LEAST 48 HOURS �'4'ra-- rF S r�trzT%a�rE BIIL� �Q PRIOR TO START. ❑ PRIOR TO SEALING THE ANNULAR SPACE OR FILLING OF APPROVAL BY OTHER AGENCIES: THE CONDUCTOR CASING. JURISDICTION B. ❑ SUBMIT TO THE AGENCY WITHIN 300AYS AFTER REMARKS COMPLETION OF WORK, A W ELL COMPLETION REPORT AND/OR DRILLING LOGS. PLEASE REFERENCE PERMIT NO. C. ty, SECURE ALL MONITORING WELLS TO PREVENT TAMPERING. D. ❑ OTHER ❑ DENIE S PERMMMSUEDBY DATE n/ kv 7134>_ . pRINi NAME PHONE NUMBER AUTHORIZEDSIGNATURE DATE. WHEN SIGNED BY ORANGE COUNTY HEALTH CARE AGENCY REPRESENTATIVE, THIS APPLICATION IS A. PERMIT. @,F272-09.003 (1111/01) A CERTIFICATE OF LIABILITY INSURANCE 6/30/2016 /26/D6/26//DD YYYY) 2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies 8110 E. Union Avenue Suite 700 Denver CO 80237 (303)414-6000 CONT NAMEACT PHONE aC No: E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAICN INSURER A:Bomelandinsurance Company of New York 34452 INSURED 1307573 BEKS Acquisition,. Inc. dba BC2 Environmental INSURER B: Travelers Property Casualty CoofAmerica 25674 INSURER C INSURER 0 1150 West Trenton Avenue INSURER E : Orange, CA 92867 INSURER F: n..,m 'EDTrnrATD NUMBER: i73!577 REVISION NUMBER: XXXXXXX v THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF ODLSUBR g POLICYNUMBER POLICYEFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIM&MADE 1XI OCCUR N N 793001412 6/30/2015 6/30/2016 EACH OCCURRENCE $ 1,000,000 PREMISES Ea accur epee $ 300,000 X MED EXP (Anyone Person) $ 25,000 Pollution Liability X Professional PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRODUCTS-COMPIOPAGG POLICY � PR El LOC OTHER:BAUTOMOBILE LIABILITY N N 1T8107E805243 6/30/2015 6/30/2016 (E...I.rt)COMBINED LE LIMIT Ea accidadt F2,000,000 BODILYINJURY(Perparsont XALL X ANY AUTO BODILY INJURY(Peraccident)XAUTOS OWNED SCHEDULED AUTOS NOWOWNED HIRED AUTOS XAUTOS 1XXXConwDed$lkX CollDed$lk PROPERTYDAMAGE Peracddent X 3XXXXXXX A UMBRELLA LIAS X OCCUR N N 793001413 6/30/2015 6/30/2016 EACH OCCURRENCE $ 4 000 000 AGGREGATE $ 4,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION$ SO DOO $XXXXXXX B WORKER$ COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNEWEXECUTIVE OFFICER/MEMBERNIA EXCLUDED? N❑ (Mandatory In NH) N DUUB7E793159 6/30/2015 6/30/2016 X STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 EL.DISEASE-EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 If yea, desaibeunder DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space ie required) BEKS Acquisition Inc. is included as additional insured. CERTIFICATE HOLDER CANCELLATION See Attachments 3731577 BEKS Acquisition Inc. SHOULDHABOVE B ED ICIWI BE CELLED F E DA THEREOF, NOTICE THE EXPIRATIE ON BEN DELIVERED IN 1150 W. Trenton Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Orange, CA 92867 AUTHORIZED REPRES AT axle U 79tltl-2Ul4 At:GKV riVKYUKAl1Urv. XII Ogn[s resmveu. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Transmittal Sent Via: ❑ Messenger ❑ U.S. Mail ❑ Overnight Mail Date: 07/16/2015 From: Meilani Bowman-Kamaha'o To: Public Works Department Amec Foster Wheeler 100 Civic drive 121 Innovation Dr, Ste 200 Newport Beach, CA 92660 Irvine Ca, 92617 949-644-3309 cc: Project Number: 8615397106.02.2A Project Name: Former Ford Aeronutronic Property Item Description 1 Well Permit Application 2 Well Construction Diagram 3 Proposed Monitoring Well Locations Narrative Work Plan: Amec Foster Wheeler is proposing to install three monitoring wells (P-49, P-50, P-51) using hollow stem auger drilling methodology. Each well is anticipated to encounter groundwater at a depth between approximately six and 25 feet below ground surface and will be screened for five feet. Total depth of the monitoring wells may be up to 30 feet below ground surface. The Monitoring wells will be constructed as indicated on the attached diagram, with two inch schedule 40 polyvinyl chloride (PVC) casing, five feet of 0.020 inch slotted screen. The filter pack will be #3 sand that extends at least one foot above the screened interval, followed by approximately two feet of bentonite chips above the screen, neat cement or cement/Bentonite grout to approximately 2 feet below ground surface. Each well will be completed with a flush mounted, traffic -rate boxes set into concrete. The fieldwork is scheduled to begin on 07/23/2015. Please let the undersigned know if you anticipate a conflict with permit issuance before the start date. Best Regards, Meilani Bowman-Kamaha'o Amec Foster Wheeler Direct: (949) 722-4126 AMEC 121 Innovation Drive, Suite 200 Irvine, CA USA 92617 Tel (949) 642-0245 Fax (949) 642-4474 vmv.amec.com Office of the General Counsel Environmental 6 Safety Regulatory Matters tgreen5CgD.ford.com Telephone: (313) 390-1875 Facsimile: (313) 390-3308 Via Federal Express Kathryne Cho, P.E. City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Room 406-A5 One American Road Dearborn, Michigan 48126-2701 November 11, 2015 Ford Motor Company License and Encroachment Agreement For Groundwater Monitoring Well (EPN 2015-0357) Dear Ms. Cho: The signed License and Encroachment Agreement is enclosed. Thank you for your assistance in this matter. Very Truly Yours, Timothy A. Green Counsel cc.: Chuck Pinter, Ford RECORDING REQUESTED AND WHEN RECORDED RETURN TO: Public Works Department City of Newport Beach 100 Civic Center Drive Post Office Box 1768 Newport Beach, CA 92658-1768 Exempt from recoding fee per Government Code §§ 6103 and 27383 Documentary Transfer Tax Exempt per Rev & Tax Code § 11922 above this line Reserved for Use by Recorder LICENSE AND ENCROACHMENT AGREEMENT FOR GROUND WATER MONITORING WELL (EPN 2015-0357) THIS LICENSE AND ENCROACHMENT AGREEMENT ("Agreement') is made and entered into this day of 2015, by and between Ford Motor Company, am-Amert�rr native -Corporation, (hereinafter "Well Owner"), and the CP�City of Newport Beach, California, a unicipal corporation organized and existing under and by virtue of its Charter and tl� Constitution and the laws of the State of California, (hereinafter "City"). ,oelar'e RECITALS: WHEREAS, City is the owner of certain real property located in the City of Newport Beach, County of Orange, State of California, commonly known as Big Canyon Park, and legally described as those portions of blocks 52, 53, 55 and 56 of Irvine Subdivision as per map recorded in Book 1 Page 88, of Miscellaneous Record Maps, in the office of the County Recorder of Orange County, California (hereinafter the 'Property"). WHEREAS, pursuant to the requirements of the California Regional Water Quality Control Board (hereinafter "RWQCB') three (3) groundwater monitoring wells are to be installed to evaluate the down gradient distribution of trichloroethene (hereinafter "TCE") in groundwater within Big Canyon Park. The wells are to be installed at locations where results of previously collected grab groundwater samples indicated low or non -detect concentrations of TCE. The three (3) groundwater monitoring wells shall be sampled according to ongoing remediation activities regulated by the RWQCB and the wells shall remain until cleanup activities are deemed complete by the RWQCB. Ford Motor Company License and Encroachment Agreement Page 1 WHEREAS, Well Owner desires to install three (3) groundwater monitoring wells and appurtenances on the Property in the location depicted on Exhibit "A" attached hereto and incorporated herein by reference. These monitoring wells as described and depicted on the Well Construction Detail, which is attached hereto as Exhibit "B" shall be hereinafter referred to as the "Encroachments." Owner desires to retain the Encroachments on the Property for a period up to ten (10) years from date of installation. WHEREAS, City has agreed to grant Well Owner a license to use the Property as set forth herein and an encroachment permit ("Permit") for the Encroachments, provided that Well Owner executes and abides by the term of this Agreement and fully complies with the provisions of Chapter 14.34 (Water Well Standards) of the Newport Beach Municipal Code and other applicable rules, laws, statutes, and regulations. WHEREAS, the parties hereto desire to execute an agreement outlining the conditions required by City to permit Well Owner to install and maintain said Encroachments. NOW, THEREFORE, the parties hereto agree as follows: 1.0 LICENSE. The City hereby grants to Well Owner a license revocable with or without cause at any time by the City to construct and maintain the Encroachments upon all of the terms and conditions of the Permit and this Agreement ("License"). 2.0 COVENANTS. (a) In General. Well Owner hereby agrees to install, operate, inspect, monitor, maintain, relocate, and/or remove the Encroachments in accordance with this Agreement, the Public Works Department's Permit requirements, and all applicable provisions of the City of Newport Beach Municipal Code, as amended from time to time. (b) Maintenance. Well Owner shall install, operate, inspect, monitor, maintain, and repair the Encroachments and the Property so as to keep the Encroachments and such area in a safe, clean and secure condition at all times. Well Owner shall maintain the Encroachments in accordance with generally prevailing standards of maintenance, and pay all costs incurred in doing so. In the event that Owner does not maintain the Encroachments and the Property as required herein, the City may terminate this License as more particularly provided in Section 3.0 herein. (c) Permit Required for All Street Work. In the event that City streets must be closed in order to maintain the Encroachments or to take samples from the monitoring well, Well Owner must first obtain a permit from the City Public Works Department and comply with all Ford Motor Company License and Encroachment Agreement Page 2 conditions of the permit and all requirements of Chapter 12.62 of the Newport Beach Municipal Code. (d) Removal of Encroachments. Well Owner agrees to remove the Encroachments when the Encroachments are no longer required by the Orange County Health Care Agency or any other public entity. At that time, Owner agrees to restore the Property to its former condition, at Well Owner's sole cost and expense. (e) Monitoring Well Final Report. Well Owner hereby agrees to submit the final report of the monitoring program to the City's Public Works Director. 3.0 TERMINATION. This License is terminable with or without cause by the City at any time. Well Owner shall remove the Encroachments and restore the Property to its former condition, at Well Owner's sole cost and expense, within thirty (30) days of written notice from the City. In the event Well Owner fails to remove the Encroachments and restore the Property within said time period, City shall have the right to do so without notice. Well Owner shall immediately reimburse the City for all out-of- pocket expenses expended to remove the Encroachments and restore the property. Said amounts shall accrue interest from the date expended by the City at the maximum non -usurious interest rate permitted by law. 4.0 OTHER TERMS. Well Owner and City further agree as follows: (a) Well Owner may construct and install the Encroachments provided they are in substantial conformance with the plans and specifications on file in the City's Public Works Department, Exhibit "B," and located as described in Exhibit "A" attached hereto. If the Encroachments as actually built or installed during the time of construction vary from the Encroachments approved herein, such variations or changes must be approved in advance by the Public Works Department and shall be shown on the "As Built" plans. (b) If City or other public/private facilities or improvements are damaged by the installation or presence of the Encroachments, Well Owner shall be responsible for the cost of repairs and restoration. (c) Should City be required to enter onto the Property to exercise its primary rights associated with the Property, including but not limited to, the maintenance, removal, repair, renewal, replacement, or enlargement of existing or future public facilities or improvements, City may remove all or a portion of the Encroachments, as required, and in such event: Ford Motor Company License and Encroachment Agreement Page 3 (i) City shall notify Well Owner of its intention to accomplish such work, provided that an emergency situation does not exist. (ii) Well Owner shall be responsible for arranging for any renewal, replacement, or restoration of the Encroachments affected by such work by City. (iii) Well Owner agrees to bear the cost of any removal of the Encroachments or appurtenances affected by such work by City. (iv) Well Owner agrees to pay all costs for renewal, replacement, or restoration of the Encroachments. 6.0 MATERIAL BREACH. In the event any party breaches any material provision of this Agreement, the other party at its option may, in addition to the other legal remedies available to it, terminate this Agreement. In the event the breaching party is the Well Owner, City may enter upon the Right -of -Way and remove all or part of the improvements or Encroachments installed by Well Owner. Termination because of breach shall be upon a minimum of ten (10) days notice, with the notice specifying the date of termination. 6.0 INDEMNITY. Well Owner hereby agrees to indemnify and defend the City, its City Council, boards, commissions, officers, agents and employees, from and against, any and all actions, suits, claims, damages to persons or property, losses, costs, expenses, penalties, obligations, errors, omissions or liabilities, including reasonable attorneys' fees, regardless of the merit or outcome of any such claim or suit, which may arise in consequence of the granting of this permit, or in any way connected with or related to the design, construction, operation, maintenance or continued existence of the Encroachments. 7.0 INSURANCE. Without limiting Well Owner's indemnification of City, and prior to commencement of construction of the Easements, Well Owner shall obtain, provide and maintain at its own expense during the term of this License, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit "C," and incorporated herein by reference. 8.0 MISCELLANEOUS. (a) Successors and Assigns. Well Owner agrees that this Agreement shall remain in full force and effect from execution thereof and shall be binding upon the heirs, successors, and assigns of Well Owner's interest in the land, whether fee or otherwise. This Ford Motor Company License and Encroachment Agreement Page 4 Agreement shall not be assigned without City's prior written approval. (b) Amendment or Modification. This Agreement may not be modified or amended except by written agreement executed by the then - owner of the Well Owners property and the City Property and recorded in the Office of the County Recorder, County of Orange, California. (c) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. (d) Severability. The invalidity or unenforceability of any provision of this Agreement with respect to a particular party or set of circumstances shall not in any way affect the validity and enforceability of any other provision hereof or the same provision when applied to another party or to a different set of circumstances. (e) Recordation. This Agreement shall be recorded in the Office of the County Recorder, County of Orange, California, and it shall serve as notice to all parties succeeding to the interest of Well Owner or the City that their use of the Property and the Property shall be benefited and/or restricted in the manner herein described. [SIGNATURES ON NEXT PAGE] Ford Motor Company License and Encroachment Agreement Page 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: Aaron C. Harp City Attorney ATTEST: Date: 0 Leilani I. Brown City Clerk tAm %6114115- aw 1011Ullf CITY OF NEWPORT BEACH, a California municipal corporation Date: al David A. Webb Public Works Director WELL OWNER: FORD MOTOR COMPANY, a e6CffM--a14e+rletvf,-W4K)re corporation , _ By: t Bradley Ga on Assistant General Counsel Secretary Date: //— /O - By: Corey acGi r ray Assista ecr ary Attachments: Exhibit A — Big Canyon Park and Ground Water Well Locations Exhibit B — Well Construction Detail Exhibit C — Insurance Requirements Ford Motor Company License and Encroachment Agreement Page 6 LICENSE AND ENCROACHMENT AGREEMENT TOR GROUND WATER MONITORING WELL (EPN 2015-0357) Witness: Subscribed anworn to before me this _ day of LINDA G. BINGHAI NOTARY PUBLIC•STATE OF My Commission Acting in the Cc ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of } ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California (seal) County of i ss. On 120 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Ford Motor Company License and Encroachment Agreement Page 7 EXHIBIT A BIG CANYON PARK AND GROUND WATER WELL LOCATIONS Ford Motor Company License and Encroachment Agreement Page A-1 74 Explanation 4 - Proposed monuorg well locations Approximate creek location - dashed where Survey¢d, qu¢d¢tl wh¢r¢ inferred. ---- _ ^O ".� _ - _- >C �.wn.. Big Cayon Park press* bountlary _ - �•cr Big Canyon Amigos W.a P-49 gf Be. Island' - - P 50 �p Community • :� Approximate Stream Iocatlon� _ -- _ PROPOSED MONITORING WELL LOCATIONS amec Former Ford Aeronutronic Property aster wheeler Newport Beach, California ✓ / i_ easemapfrom; USGSRgh Reso_Iutim Orthoimaga � An9�J.CA; tlatetl 2010 FiguretLo -, ��'�, �+ dl, Date:101002015 Prtllel No.661539]105.02] 6 i v e o � p a Cq� IA yyV a a azgo aoa , ® i o pLLgga I gLL S 6a V.* 090p1 EXHIBIT B WELL CONSTRUCTION DETAIL Ford Motor Company License and Encroachment Agreement Page B 1 Tiranwfnkta)d Sent Via: ❑ Messenger ❑ U.S. Mail ❑ Overnight Mail Date: 07/16/2015 From: Meilani Bowman-Kamaha'o To: Public Works Department Amec Foster Wheeler 100 Civic drive 121 Innovation Dr, Ste 200 Newport Beach, CA 92660 Irvine Ca, 92617 949-644-3309 cc: Project Number: 8615397106.02,2A Project Name: Former Ford Aeronutronic Property Item Description 1 Well Permit Application 2 Well Construction Diagram 3 Proposed Monitoring Well Locations Narrative Work Plan: Amec Foster Wheeler is proposing to install three monitoring wells (P-49, P-50, P-51) using hollow stem auger drilling methodology, Each well is anticipated to encounter groundwater at a depth between approximately six and 25 feet below ground surface and will be screened. for five feet. Total depth of the monitoring wells may be up to 30 feet below ground surface. The Monitoring wells will be constructed as indicated on the attached diagram, with two inch schedule 40 polyvinyl chloride (PVC) casing, five feet of 0.020 inch.slotted screen. The filter pack will be #3 sand that extends at least one foot above the screened interval, followed by approximately two feet of bentonite chips above the screen, neat cement or cement/Bentonite grout to approximately 2 feet below ground surface. Each well will be completed with a flush mounted, traffic -rate boxes set into concrete. The fieldwork is scheduled to begin on 07/23/2015. Please let the undersigned know if you anticipate a conflict with permit issuance before the start date. Best Regards, Meilani Bowman-Kamaha'o Amec Foster Wheeler Direct: (949) 722-4126 AMEC 121 Innovation Drive, Suite 200 Irvine, CA USA 92617 Tel (949) 642.0245 Fax (9491642-4474 EXHIBIT B Well vault Locking well Flush mount surface completion In a traffic rated vault, sloped to direct surface water away from the wellhead ( Concrete Annular seal (neat cement grout) Berrtonite seal 2-inch diameter schedule 40 PVC blank well casing 8-Inch diameter borehole pack 24nch diameter PVC well screen (0.020-inch slots) Well cap Boring bottom WELL SCHEMATIC amec Former Ford Aeronutronle Property roster wheeler Newport Beach, California Figure Date: 02/26/2015 I Project No, 003971005 4 EXHIBIT C INSURANCE REQUIREMENTS REAL PROPERTY ENCROACHMENT AGREEMENT 1. Provision of Insurance. Without limiting Owner's indemnification of City, and prior to commencement of construction of the Easements, Well Owner shall obtain, provide and maintain at its own expense during the term of this License, policies of insurance of the type and amounts described below and in a form satisfactory to City. Well Owner agrees to provide insurance in accordance with requirements set forth herein. If Well Owner uses existing coverage to comply and that coverage does not meet these requirements, Well Owner agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. General Liability Insurance. Well Owner shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). 4. Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this License shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Well Owner or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Well Owner hereby waives its own right of recovery against City. B. Additional Insured Status. All liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, agents and volunteers shall be included as insureds under such policy. Ford Motor Company License and Encroachment Agreement Page C-1 C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. The policy shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Well Owner shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement and other endorsements as specified herein for liability coverage. Insurance certificate and endorsement must be approved by City's Risk Manager prior to commencement of construction of the Easements. Current certification of insurance shall be kept on file with City at all times during the term of this License. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. Ford Motor Company License and Encroachment Agreement Page C-2