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HomeMy WebLinkAboutINTEGRATED WASTE MANAGEMENT DEPARTMENT RIGHT OF ENTRY - 1999-11-15w• (' ) i �,Vt NoIntegrated Waste Management Department C TY CLERK z ^ITY OF U M John W. Sibley, Director HUNTINGTON BEACH. CA �'<<Foa��� 320 North Flower Street • Suite 400 • Santa Ana California 92703 • (714) -400 www.oc.ca.aov/iwmd O�l 1 b Ali: 2q May 11, 2001 Douglas Stack Principal Civil Engineer City of Huntington Beach 2000 Main Street P.O. Box 190 Huntington Beach CA 92648 Subject: Right of Entry to City Property for Monitoring the Closed Gothard Street Landfill Dear Mr. Stack: Enclosed is a renewed certificate of self-insurance per the Right of Entry dated January 11, 2000 between the City and the County for Monitoring the Closed Gothard Street Landfill. If you have any questions, please contact me at (714) 8344053 or at e-mail address richarda'ii kvnul.co.oranae.ca.us. Sincerely, Richard A er Management Services enclosure cc: tCityCl&k-1 Julie Russell, Claims Supervisor Mike Giancola Ron Pierre 72) General Liability COUNTY OF ORANGE Professional Liability CERTIFICATE OF SELF-INSURANCE ) Workers' Compensation 4) Automobile Liability Office of Risk Management, 12 Civic Center Plaza, Room 324, Santa Ana, CA 92701 Coverages: This is to certify that the County of Orange is self -insured for the following coverages: Type of Coverage Self -Insurance Limit General Liability: Bodily Injury and Property Damage S1,000,000 Professional Liability SI.000,000 Workers' Compensation Statutory Automobile Liability. Vehicles owned, non -owned and hired $1,000.000 3 D 0 ''t t orrey Canceliation: Should any of the above described self -insured coverages be modified or cancelled before the expiration date shown below, the County of Orange will provide 30 days written notice to the named certificate holder. Certificate Holder Date Certificate Issued: 05/02/01 City of Huntington Beach Certificate Expiration Date: 06/30/02 2000 Main Street Huntington Beach, CA 92648 Attention: Robert Martinez Right of Entry for Monitoring Activities on_City of Huntington Sharon O. Lighth er Beach Property - Gothard Street Landfill (PM 105-18) Manager, Risk Management Certificate Holder is an Additional Insured 714-834-2815 SiCertIMUHunt Bch -5.2.01 _xls Endorsement to Certificate oflnsurance Issued to City ofHuntington Beadi May 2, 2001 Re: Gothard Street Landfill (PM10518) It is agreed that any insurance maintained by the City of Huntington Beach shall apply m excess of, and not contribute with, insurance provided by this certificate. The City of Huntington Beach, its agents, its officers, employees and volunteers are Additional Insureds, but only as respects to liability arising out of County of Orange operations at Gothard Street Landfill. ttornbY ,orneSL [3Y. vuY~ SOD! 11,10, Sri \' 0 3� C U. ,l (�'". File Notes Office of the City Clerk Huntington Beach, California Js HUNTINGTON BEACH From the desk of- City of Huntington Beach P. O. Box 190 - 2000 Main Street Huntington Beach, California 92648 Connie Brockway City Clerk Telephone: (714) 536-5404 Fax: (714)374-1557 - Internet: www.ci.huntington-beach.ca.us 0 0(Ale- CL� UOD i i • • . CITY OF HUNTINGTON BEACH ' Inter -Department Communication _- TO: CONNIE BROCKWAY, City Cleric FR01M: GAII. HLfl-rON, City Attorney DATE: May 23, 2000 c, SUBJECT: Right of Entry Agreement_to City Property for Monitorinthe Closed Gothard Street Landfill RLS 00-508 We cannot, for two reasons, approve the form of the County's Certificate of Self -Insurance. First Reason Paragraph 6 of the January 11, 2000 Right -of -Way Agreement states, in relevant part: "...(S)aid policy shall name CITY, its agents, its officers, employees and volunteers r as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project shall be deemed excess coverage and that COUNTY's insurance stall be primary ..." Even though the County opted for self-insurance, the Certificate of Insurance it provided to :. the City does not comply with the above -quoted provision of the agreement's Paragraph 6. Second Reason The paragraph under "Terms, Conditions and Special Items," on the face of the Certificate of ' Insurance, is unacceptable, because it is inconsistent with Paragraph 6 of the agreement- "fhe language found under "Terms, Conditions and Special Items," on the insurance certificate, actually' Iimits the County's liability and is inconsistent with the broader liability assumed by the County under paragraph 6 of the agreement. Please return the original of the Certificate of Insurance to Mr. Richard Acker of the County, along with a copy of this memorandum. IL IiUITON, City Attorney /k qw.l ighi of entry CITY *HUNTINGTON BEACH REQUEST FOR LEGAL SERVICES Gail Hutton, City Attorney RLS No. O()—S-pg' Assn To P Date Z z-D d Date: Request made by: Telephone: Department: 5/19100 Connie Brockway 5404 City Cleric INSTRUCTIONS: File request in the City Attomey's Office. Outline reasons for this request and state facts necessary for City Attorney to respond. Please attach all pertinent information and exhibits. TYPE OF LEGAL SERVICES REQUESTED: ❑ Ordinance ❑ Opinion ❑ Stop Notice ❑ Resolution [] Lease ❑ Bond �. ❑ Meeting ❑ Contract/Agreement ❑ Deed ❑ Court Appearance ® insurance ❑ Other: -- Is Request for Preparation of Contract form attached? ❑ Yes ED No Are exhibits attached? ❑ Yes ® No Unless otherwise specified herein, 1 If not for Council action, consent to the disclosure of the If for City Council action, desired completion date: information contained in this RLS to all me ers of the City cii. Agenda Deadline Council Meeting 6000 Signature of DeVartment He COMMENTS Please "Approve as to Form" the attached Certificate of Insurance. I have attached a copy of the RCA and the agreement. CB:mp Attachments - :t Routing: ❑ GCH ❑ PDA ❑ LB ❑ SL ❑ JF . ❑ ADL ❑ SF ❑ JM ❑ This Request for Legal Services has been assigned to attomey_ 805 WIEELEg_. 5/23/00 extension 8853 His/her secretary is Joan Karen , extension Notes: File Name: Date Completed: WP No.. -`- d 7r ❑ Shaded areas for City Attorneys Office use only. �s.4390 yZ _ Integrated Waste Management Department John W. Sibley, Director v � (40%�vF 320 North Flower Street • Suite 400 • Santa Ana California 92703 • (714) 834-4000 www.oc_ca.,gov/iwmd May 17, 2000 .a Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach California 92648 Subject: Right of Entry to City Property for Monitoring the Closed Gothard Street Landfill Dear City Clerk: Enclosed is a renewed certificate of self-insurance per the Right of Entry dated January 11, 2000 between the City and the County for Monitoring the Closed Gothard Street Landfill. If you have any questions, please contact me at (714) 834-4053 or at e-mail richarda0iwmd.co.orange.ca: us. Sincerely, 'chard Acker Management Services enclosure cc: Sonia Nasser Ron Pierre 1) General Liability • COUNTY OF ORANGE 2) Professional Liability CERTIFICATE OF SELF-INSURANCE 3) Workers' Compensation 4) Automobile Liability Office of Risk Management, 12 Civic Center Plaza, Room 324, Santa Ana, CA 92701 Coverages This is to certify that the County of Orange is self -insured for the following coverages: Type of Coverage Self -Insurance Limit General Liability: Bodily Injury and Property Damage 51,000,000 Professional Liability $1,000,000 Workers' Compensation Statutory Automobile Liability: Vehicles owned, non -owned and hired 51,000,000 Terms, Conditions and SI ecial Items: The provisions under General Liability, above, shall apply only with respect to claims arising out of the negligent acts or omissions of the County of Orange, its officers, agents and employees or any other person under its direction and control. Cancellation: Should any of the above described self -insured coverages be modified or cancelled before the expiration date shown below, the County of Orange will provide 30 days written notice to the named certificate holder. Certificate Holder City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Robert Martinez Right of Entry for Monitoring Activities on City of Huntington Beach Property - Gothard Street Landfill (PM 105-18) Certificate Holder is an Additional Insured Date Certificate Issued: 05-1 Certificate Expiration Date: 6/30/2001 r Sharon O. Lighllfolder Manager, Risk Management 714-834-2815 S1Cert2000 Integrated Waste Management Department ° " U John W. Sibley, Director 4 �' riT m �9�IFORa�� 320 North Flower Street • Suite 400 • Santa Ana California 92703 • (714) 8344000 www.oc.ca.zov/iwmd January 13, 2000 Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach California 92648 Subject: Right of Entry to City Property for Monitoring the Closed Gothard Street Landfill Dear City Clerk: Enclosed is an executed original of the subject right -of -entry agreement approved by the County Board of Supervisors on January 11, 2000. Also enclosed is a certificate of self-insurance per section 6 of the right of entry. Thank you for your assistance with this transaction. If you have any questions, please contact me at (714) 834-4053 or at e-mail richarda(i ,iwmd.co.orange.ca.us. Sincerely, 'chard cker s Management Services n enclosure o =J -<c cohr: - D r cc: Sonia Nasser z Suzanne McClanahan b Emily Jackson Ron Pierre n • • COUNTY OF ORANGE • CERTIFICATE OF SELF-INSURANCE 1) General Liability 2) Professional Liability 3) Workers' Compensation 4) Automobile Liability Office of Risk Management, 12 Civic Center Plaza, Room 324, Santa Ana, CA 92701 Coverages: This is to certify that the County of Orange is self -insured for the following coverages: Type of Coverage Self -Insurance Limit General Liability: Bodily Injury and Property Damage $1,000,000 Professional Liability $1,000,000 Workers' Compensation Statutory Automobile Liability: Vehicles owned, non -owned and hired $1,000,000 Terms. Conditions and Special Items: The provisions under General Liability, above, shall apply only with respect to claims arising out of the negligent acts or omissions of the County of Orange, its officers, agents and employees or any other person under its direction and control. Cancellation: Should any of the above described self -insured coverages be modified or cancelled before the expiration date shown below, the County of Orange will provide 30 days written notice to the named certificate holder. Certificate Holder City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Robert Martinez Right of Entry for Monitoring Activities on City of Huntington Beach Property - Gothard Street Landfill (PM 105-18) Certificate Holder is an Additional Insured' Date Certificate Issued: 1-4-2000 Certificate Expiration Date: 6/30/2000 Sharon O. Lig9tholder Manager, Risk Management 714-834-2815 SlCert2000 0 1 1 Project No. PM 105-18 Project Name: Gothard Street Landfill (Refuse Disposal Station #10) 3 4 5 6 RIGHT OF ENTRY AGREEMENT 7 (Monitoring Activities) 8 9 This Right of Entry Agreement ("Agreement") is made, 2000 by and between the COUNTY OF ORANGE, hereinafter referred to as ' UNTY", and CITY OF 10 HUNTINGTON BEACH, hereinafter referred to as `CITY." 11 RECITALS 121 A. COUNTY operated a solid waste disposal station on property known as Gothard Street Landfill ("Facility") which was owned by COUNTY for such operation. 13 B. Said Facility is now closed. 14 C. CITY is the owner of Parcel PM 105-18, which is a portion of said Facility. CITY's parcel is 15 hereinafter referred to as "Premises." 16 D. Regulatory mandates require COUNTY to conduct investigation, testing, environmental compliance monitoring, and other associated activities, including, but not limited to, site inspections; surveying, 17 soil gas survey; soil borings; drilling ground water monitoring and gas monitoring wells and probes; monitoring and maintenance of said wells and probes; collecting samples; testing soil, water and air 18 quality; grading necessary for accessing wells and weed abatement (collectively, 'Monitoring Activities") on the Premises. County is required to collect data and to submit report(s) to regulatory 19 agencies. 20 NOW THEREFORE, the parties to this Agreement mutually agree as follows: 21 1, PREMISES AND USE (S) 22 CITY hereby grants COUNTY permission to enter upon the Premises, shown on 'EXHIBIT A' attached hereto, to conduct Monitoring Activities, as required, to pass and repass over, under, and along the 23 Premises, and to deposit tools, implements, and other materials thereon by COUNTY, its officers, employees, agents, contractors, contractors employees, and by persons under contract with contractor 24 . and their employees, as necessary for the purposes stated herein. 25 CITY acknowledges that any water and/or soil extracted from the Premises by COUNTY during the Monitoring Activities will be sealed into drums. The water andlor soil contents of said drums cannot be 26 redeposited onto or removed from the Premises until analysis of the contents is completed. CITY agrees to allow COUNTY to store said drums at the extraction site, or to designate a specific area within 27 the Premises to be used by COUNTY for drum storage, until such time as the analysis is complete and water and/or soil contents can be redeposited onto or removed from the Premises. 2s 0 1 2. PRIOR NOTICE OF ENTRY (S) 2 Prior to each entry upon the Premises, COUNTY shall give CITY five (5) days notice of such entry or shall obtain CITY's approval of entry without such 5-day notice. 3 3. TERM (S) 4 The permission herein granted begins upon the date COUNTY executes this Agreement and continues 5 for three (3) years. Thereafter, this Agreement shall automatically renew each year on its anniversary date for a further one-year term. 6 The CITY or the COUNTY may terminate this agreement at any time by giving thirty (30) days' advance 7 written notice. Such notice of termination shall be sent through the United States mail in the State of California, duly registered or certified, return receipt requested, with postage prepaid, and shall be 8 deemed to have been served or delivered.24 hours after mailing as herein provided. 9 Notwithstanding the above, this Agreement shall automatically terminate at the time Monitoring Activities are deemed completed. 10 4. AUTHORITY (S) 11 CITY warrants that the party signing this agreement represents the owner/lessor of the property and has 12 actual authority to enter into this agreement. 13 5. LIABILITY OF COUNTY (S) 14 COUNTY shall indemnity and save CITY harmless from and against any and all claims, demands, losses, or liabilities of any kind or nature which CITY sustains as a result of, or arising out of the 15 negligent acts of COUNTY, its officers, agents, contractors, contractors' employers, employees, subtenants, invitees, or licensees in connection with COUNTY's use of the Premises for Monitoring 16 Activities conducted under this Agreement. 17 6. GENERAL LIABILITY INSURANCE (N) 18 COUNTY shall throughout the term of this Agreement maintain a policy of general public liability insurance, including motor vehicle coverage covering COUNTY's use of the Premises for Monitoring 19 Activities conducted under this Agreement (the "Project"). Said policy shall indemnify COUNTY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims 20 arising out of or in connection with the Project, and shall provide coverage in not less than the following amount, combined single limit bodily injury and property damage, including liability and blanket 21 contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form, which includes a designated general aggregate limit, the aggregate limit must be no less $1,000,000 for the Project. 22 Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project 231 shall be deemed excess coverage and that COUNTY's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a "deductible" or any other similar form of 24 limitation on the required coverage. 25 COUNTY shall also throughout the term of this Agreement maintain a policy of workers' compensation insurance meeting statutory requirements. COUNTY shall provide to CITY, certificates of insurance 26 necessary to satisfy CiTY that the insurance provisions of this Agreement have been complied with and to keep such insurance in effect and the certificates therefore on deposit with CITY during the entire 27 term of this Agreement. COUNTY may, at COUNTY's option, self -insure the coverages required herein. 28 W:Z0 AL\C.WhWd Gry of HB doc - 1017M - 1 -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26, 27 28 I 7. NOTICES (S) All notices pursuant to this Agreement shall be given as set forth in this clause or as either party to this Agreement hereafter designates by written notice to the other party. COUNTY CITY Integrated Waste Management Department City of Huntington Beach 320 N. Hower Street, Suite 400 2000 Main Street Santa Ana, CA 92703 Huntington Beach, CA 92648 Attention: Director, 1WMD Attn: Robert Martinez Telephone No.. (714) 834-4000 Telephone No.: (714) 536-5423 Fax No.: (714) 834-4001 Fax No.: (714) 374-1573 8. ATTACHMENTS (S) This Agreement includes the following, which are attached hereto and made a part hereof: EXHIBIT A - Location Map of Premises 1l 11 11 F:\wPYDQMRMAAhard City 01 HB-dos - I W199 • t -3- 1 2 3 4 5 6 7, 8 9 10 14 15 16 17 18 19 20 21 04PP 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. APPROVED AS TO FORM: Laurence M. Watson County Counsel By Depu Date: �' s RECOMMENDED FOR APPROVAL: By Se for Rea Prope gent, Integrated Waste Management Department CITY CITY OF HUNTINGTON BEACH, a municmtf al cgrporation By: Mayor ATTEST: City Clerk - ;`! APPROVED AS TO FORM: ty Attorney Tyq Lot/c� IN D AND APP D: Director of Public Works REVIEWED AND APPROVED: Cit Admtrator COUNTY M ment Department F:\WP\DOCS\RE\Goftrd City of HB.doc - t 017/99 - 1 -4- I PM 105-18 Refuse Disposal Station No. 10 EXHIBIT A CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 UTTER OF TRANSN11TTAL OY ITEM APPROITI) BI' THE CITE:' COUNCILI REDEVELOPMENT AGENCY OF WE CITY OF HUNTLIGTON UACH DATE:--- /� TO: i�tir��fr �'� � B ATTENTION: isle N me`—/ J 65�G F/p���g,g 1�y V1 U DEPr'LRTNIENT: stre liz it did 03 REGARDING: i9i/G� !moo a"e City, stave, zipi� l See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. �c�Jfl�i Rernar ��/ Q P/YJ cr i t� �/� Uc�•�1 �� ��//� •J Connie Brocl«vay City Clerk L lei G?df'' ,5 5 GrJk 7c u / Attachments: Action Agenda Page Agreement Bonds Insurance RCA Deed Other Namearrnent RCA A�ee�cc: is:amc RCA Agreeme.r Name Name Dcwuricrt RCA Deparur cm RCA Risk Management Dept- Agreener' Agrec:'ienr Insurance Othcr Insurancc Other Inwraice Other Insurance Other Insatance Received by Name - Company Name - Date GTollowuptroverlu 1 Telephon e: 714-536.5227 ) _ 4 3a0 Integrated Waste Management Department a 2 John W. Sibley, Director 320 North Flower Street • Suite 400 • Santa Ana California 92703 • (714) 834-4000 =�IFflF� ww,"-.oc.ca.govhwmd May 17, 2000 Office of the City Clerk City of Huntington Beach 2000 Main Street Huntington Beach California 92648 Subject: Right of Entry to City Property for Monitoring the Closed Gothard Street Landfill Dear City Clerk: Enclosed is a renewed certificate of self-insurance per the Right of Entry dated January 11, 2000 between the City and the County for Monitoring the Closed Gothard Street Landfill. If you have any questions, please contact me at (714) 834-4053 or at e-mail richardaciwmd.co.orange.ca.us. Sincerely, Richard Acker Management Services enclosure -cc: Sonia Nasser Ron Pierre 1) General Liability COUNTY OF ORANGE 2) Professional Liability CERTIFICATE OF SELF-INSURANCE 3) Workers' Compensation 4) Automobile Liability Office of Risk Management, 12 Civic Center Plaza, Room 324, Santa Ana, CA 92701 Coverages_ This is to certify that the County of Orange is self -insured for the following coverages: Type of Coverage Self -Insurance Limit General Liability: Bodily Injury and Property Damage $1,000,000 Professional Liability 51,000,000 Workers' Compensation Statutory Automobile Liability: Vehicles owned, non -owned and hired $1,000,000 Terms, Conditions and Special Items: The provisions under General Liability, above, shall apply only with respect to claims arising out of the negligent acts or omissions of the County of Orange, its officers, agents and employees or any other person under its direction and control. Cancellation: Should any of the above described self -insured coverages be modified or cancelled before the expiration date shown below, the County of Orange will provide 30 days written notice to the named certificate holder. Certificate Holder City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attention: Robert Martinez Right of Entry for Monitoring Activities on City of Huntington Beach Property - Gothard Street Landfill (PM 105-18) Certificate Holder is an Additional Insured Date Certificate Issued: 05-1 Certificate Expiration Date: 6/30/2001 Sharon O. LighsKolder Manager, Risk Management 714-834-2815 SlCert2000 � n�e-2 ATY OF HUNTINGTON BEAC MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PW 99-114 Council/Agency Meeting Held- De rred/Continued to: Approved ❑ Conditionally Approved ❑ Denied eP it Clerk's Signature Council Meeting Date: November 15, 1999 Department 1D Number PW 99-114 C - CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS �, r C: SUBMITTED BY: RAY SILVER, City Administrator e-s,, 4?rREPARED BY: ROBERT F. BEARDSLEY, Director of Public Work SUBJECT: APPROVE RIGHT OF ENTRY AGREEMENT FOR MONITORING GOTHARD LANDFILL Statement of Issue, Funding Source, Recommended Action, Alternative Action(s). Analysis, Environmental Status, Attachments) Statement of Issue: The County of Orange, Integrated Waste Management Department has requested right of entry to parcel 105-18, City of Huntington Beach property, for the purpose of monitoring the site. The County once operated a solid waste disposal station on the property -known as the Gothard Street Landfill Facility, which was owned at that time by the County for the operation. Funding Source: No funds requested Recommended Action: Motion to: 1. Approve the attached new Right of Entry Agreement between The County of Orange, Integrated Waste Management Department and The City of Huntington Beach- 2- Authorize the Mayor and the City Clerk to execute the attached Right of Entry Agreement. Alternative Action(s): Do not accept the recommendation and deny the action. Analysis: RCA RE RIGHT OF ENTRY -2- 11/03/99 8'01 AM RtQUEST FOR COUNCIL ACTION MEETING DATE: November 15, 1999 DEPARTMENT ID NUMBER: PW 99-114 Analysis: The County of Orange, Integrated Waste Management Department is requesting a Right of Entry Agreement to City of Huntington Beach property at the closed Gothard Street Landfill. The right of entry is for the purpose of monitoring. The County currently has a right of entry for similar monitoring purposes. The existing agreement was entered May 12, 1988 and will expire November 12, 1999. The County of Orange is mandated to conduct investigations, testing, environmental compliance monitoring, and has an ongoing program to monitor water quality and other issues in the vicinity of the closed landfill. A new Right of Entry Agreement has now been requested from the City of Huntington Beach to continue these monitoring activities, which benefits the City as well as the County. The Right of Entry Agreement is attached for the City's consideration and approval. Environmental Status: N/A Attachment(s): RCA Author: Robert A. Marlinez/PC Doc #36534 RCA RE RIGHT OF ENTRY -3- 11102/99 3:37 PM ATTACHMENT #1 r'o��'- r�n �VNOW IFO Integrated Waste Management Department John W. Sibley, Director 320 North Plower Street • Suite 400 • Santa Ana California 92703 • (714) 834-4000 www.or.ra.gov/iwnul December 8, 1999 City of Huntington Beach 2000 Main Street Huntington Beach California 92648 Attention: City Clerk Dear City Clerk: Enclosed are copies of corrected pages one and two of a right -of -entry agreement approved and signed by the City of Huntington Beach City Council on November 15, 1999. On page one the date 2000 has been substituted for the date 1999, as the County Board of' Supervisors will not act on the document until January 2000. On page two the word CITY has been substituted wherever the work GRANTOR was used to be consistent throughout the document when referring to the City of Huntington Beach. I have substituted the corrected pages one and two in the right -of -entry agreement, which the Orange County Board of Supervisors will act upon on January 11, 1999. After that date you will then receive a fully executed original of the corrected document. If you have any questions, please contact me at (714) 834-4053 or at e-mail richarda((Piwmd.co.oran-c.ca.us. Sincerely, %l PAker Management Services enclosures cc: Ron Pierre 2 3 r� 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by OoU44 u y Project No: PM 105-18 ay 41174f r- Project Name: Gothard Street Landfill (Refuse Disposal Station #10) RIGHT OF ENTRY AGREEMENT (Monitoring Activities) This Right of Entry Agreement ("Agreement") is made, 2000 by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY", and CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY." RECITALS A. COUNTY operated a solid waste disposal station on property known as Gothard Street Landfill ("Facility") which was owned by COUNTY for such operation. B. Said Facility is now closed. C. CITY is the owner of Parcel PM 105-18, which is a portion of said Facility. CITY's parcel is hereinafter referred to as "Premises.- D. Regulatory mandates require COUNTY to conduct investigation, testing, environmental compliance monitoring, and other associated activities, including, but not limited to, site inspections; surveying; soil gas survey; soil borings; drilling ground water monitoring and gas monitoring wells and probes; monitoring and maintenance of said wells and probes; collecting samples; testing soil, water and air quality; grading necessary for accessing wells and weed abatement (collectively, "Monitoring Activities") on the Premises. County is required to collect data and to submit report(s) to regulatory agencies. NOW THEREFORE, the parties to this Agreement mutually agree as follows: 1 1. PREMISES AND USE (S) CITY hereby grants COUNTY permission to enter upon the Premises, shown on "EXHIBIT A" attached hereto, to conduct Monitoring Activities, as required, to pass and repass over, under, and along the Premises, and to deposit tools, implements, and other materials thereon by COUNTY, its officers, employees, agents, contractors, contractor's employees, and by persons under contract with contractor and their employees, as necessary for the purposes stated herein. CITY acknowledges that any water and/or soil extracted from the Premises by COUNTY during the Monitoring Activities will be sealed into drums. The water and/or soil contents of said drums cannot be redeposited onto or removed from the Premises until analysis of the contents is completed. CITY agrees to allow COUNTY to store said drums at the extraction site, or to designate a specific area within the Premises to be used by COUNTY for drum storage, until such time as the analysis is complete and n water and/or soil contents can be redeposited onto or removed from the Premises. j�- t W:IDOCSW Mothard City of HB.doc-107/99 -1 �� 1 a' • 'r - � � iiu-d+ ny rf 3 1 2. PRIOR NOTICE OF ENTRY (S) 2 Prior to each entry upon the Premises, COUNTY shall give CITY five (5) days notice of such entry or shall obtain CITY's approval of entry without such 5-day notice. 3 3. TERM (S) 4 The permission herein granted begins upon the date COUNTY executes this Agreement and continues 5 for three (3) years. Thereafter, this Agreement shall automatically renew each year on its anniversary date for a further one-year term. 6 The CITY or the COUNTY may terminate this agreement at any time by giving thirty (30) days' advance 7 written notice. Such notice of termination shall be sent through the United States mail in the State of California, duly registered or certified, return receipt requested, with postage prepaid, and shall be 8 deemed to have been served or delivered 24 hours after mailing as herein provided. 9 Notwithstanding the above, this Agreement shall automatically terminate at the time Monitoring Activities are deemed completed. 10 4. AUTHORITY (S) 11 `C1TYiwarrants that the party signing this agreement represents the owner/lessor of the property and has 12 actual authority to enter into this agreement. 13 S. LIABILITY OF COUNTY (S) 14 COUNTY shall indemnify and save CITY, harmless.from and against any and all claims, demands, losses, or liabilities of any kind or nature which CITY sustains as a result of, or arising out of the 15 negligent acts of COUNTY, its officers, agents, contractors, contractors' employers, employees, subtenants, invitees, or licensees in connection with COUNTY's use of the Premises for Monitoring 16 Activities conducted under this Agreement. 17 6. GENERAL LIABILITY INSURANCE (N) 18 COUNTY shall throughout the term of this Agreement maintain a policy of general public liability insurance, including motor vehicle coverage covering COUNTY's use of the Premises for Monitoring 19 Activities conducted under this Agreement (the "Project"). Said policy shall indemnify COUNTY, its _ officers, agents and employees, while acting within the scope of their duties, against any and all claims 20arising out of or in connection with the Project, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including liability and blanket 21 contractual liability, of $1,000,000 per occurrence. if coverage is provided under a form, which includes a designated general aggregate limit, the aggregate limit must be no less $1,000,000 for the Project. 22 Said policy shall name CITY„ its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project 23 shall be deemed excess coverage and that COUNTY's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a "deductible" or any other similar form of 24 limitation on the required coverage. 25 COUNTY shall also throughout the term of this Agreement maintain a policy of workers' compensation insurance meeting statutory requirements. COUNTY shall provide to CITY; certificates of insurance 26 necessary to satisfy`CITY that the insurance provisions of this Agreement have been complied with and to keep such insurance in effect and the certificates therefore on deposit with CITY during the entire 27 term -of this Agreement. COUNTY may, at COUNTY's option, self -insure the coverages required herein. 28 W-M)OCSVRE\Gothanl Cry of HBAoc - tOR,%- l -2- - Iv 1 2. PRIOR NOTICE OF ENTRY (S) 2 Prior to each entry upon the Premises, COUNTY shall give CITY five (5) days notice of such entry or shall obtain CITY's approval of entry without such 5-day notice. 3 ' 3. TERM (S) 4 The permission herein granted begins upon the date COUNTY executes this Agreement and continues 5 for three (3) years. Thereafter, this Agreement shall automatically renew each year on its anniversary date for a further one-year term. 6 The CITY or the COUNTY may terminate this agreement at any time by giving thirty (30) days' advance 7 written notice. Such notice of termination shall be sent through the United States mail in the State of California, duly registered or certified, return receipt requested, with postage prepaid, and shall be 8 deemed to have been served or delivered 24 hours after mailing as herein provided. 9 Notwithstanding tfre above, this Agreement shall automatically terminate at the time Monitoring Activities are deemed completed. 10 r 4. AUTHORITY (S) 11 - Grantor warrants that the party signing this agreement represents the ownerliessor of the property and 12 has actual authority to enter into this agreement. 13 5.. LIABILITY OF COUNTY (S) 14 COUNTY shall indemnify and save GRANTOR harmless from and against any and all claims, demands, losses, or liabilities of any kind or nature which GRANTOR sustains as a result of, or arising out of the 15 negligent acts of COUNTY, its officers, agents, contractors, contractors' employers, employees, subtenants, invitees, or licensees in connection with COUNTY's use of the Premises for Monitoring 16 Activities conducted under this Agreement. 17 6. GENERAL LIABILITY INSURANCE (N) 18 COUNTY shall throughout the term of this Agreement maintain a policy of general public liability insurance, including motor vehicle coverage covering COUNTY's use of the Premises for Monitoring 19 Activities conducted under this Agreement (the "Project„). Said policy shall indemnify COUNTY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims 20 arising out of or in connection with the Project, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including liability and blanket 21 contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form, which includes a designated general aggregate limit, the aggregate limit must be no less $1,000,000 for the Project. 22 Said policy shall name GRANTOR, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to 23 the Project shall be deemed excess coverage and that COUNTY's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a "deductible" or any other similar form of 24 limitation on the required coverage. 25 COUNTY shall also throughout the term of this Agreement maintain a policy of workers' compensation insurance meeting statutory requirements. COUNTY shall provide to GRANTOR, certificates of 26 insurance necessary to satisfy GRANTOR that the insurance provisions of this Agreement have been complied with and to keep such insurance in effect and the certificates therefore on deposit with 27 GRANTOR during the entire term of this Agreement. COUNTY may, at COUNTY's option, self -insure the coverages required herein. 28 F :',WP, 0CSXRE%Gop,ard Gary of KB.doc - IW ,99 - 1 -2- 1 7. NOTICES (S) 2 All notices pursuant to this Agreement shall be given as set forth in this clause or as either party to this Agreement hereafter designates by written notice to the other party. 3 COUNTY CITY 4 Integrated Waste Management Department City of Huntington Beach 5 320 N. Flower Street, Suite 400 2000 Main Street Santa Ana, CA 92703 Huntington Beach, CA 92648 6 Attention: Director, IWMD Attn: Robert Martinez Telephone No.: (714) 834-4000 Telephone No.: (714) 536-5423 7 Fax No.: (714) 834-4001 Fax No.: (714) 374-1573 8 S. ATTACHMENTS (S) 9 This Agreement includes the following, which are attached hereto and made a part hereof: 10 EXHIBIT A - Location Map of Premises 11 12 11 13 11 14 11 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FtV-(P1D MREXGofhafd Gry of fig_doc - 1ar7r99 - r -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14I 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. APPROVED AS TO FORM: Laurence M. Watson County Counsel By , .Deputy Date: RECOMMENDED FOR APPROVAL: By Senior Real Property Agent, Integrated Waste Management Department CITY OF HUNTINGTON BEACH, a munici al cor oration By: Mayor ATTEST: City Clerk AP �7� J PROVE AS TO FORM: yyC� v Attorney t b 1 y q= I D AND AP VED: Director o blic Work REVIEWED AND APPROVED: 4;_?••1 City Aftinistrator COUNTY By Director, Integrated Waste Management Department F.%W PtiDOCS1FiE%Goth&fd City of HB.doc - W7M -I -4- i v 1 Project No: PM 105-18 Project Name: Gothard Street Landfill 2 (Refuse Disposal Station #10) 3 4 5 - 6 RIGHT OF ENTRY AGREEMENT 7 (Monitoring Activities) 8 9 This Right of Entry Agreement ("Agreement") is made, 199 by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY", and CITY OF 10 HUNTINGTON BEACH, hereinafter referred to as "CITY." 11 RECITALS 12 A. COUNTY operated a solid waste disposal station on property known as Gothard Street Landfill ("Facility") which was owned by COUNTY for such operation. 13 B. Said Facility is now closed. 14 C. CITY is the owner of Parcel PM 105-18, which is a portion of said Facility. CITY's parcel is 15 hereinafter referred to as "Premises." 16 D. Regulatory mandates require COUNTY to conduct investigation, testing, environmental compliance monitoring, and other associated activities, including, but not limited to, site inspections; surveying; 17 soil gas survey; soil borings; drilling ground water monitoring and gas monitoring wells and probes; monitoring and maintenance of said wells and probes; collecting samples; testing soil, water and air 18 quality; grading necessary for accessing wells and weed abatement (collectively, "Monitoring Activities") on the Premises. County is required to collect data and to submit report(s) to regulatory 19 agencies. 20 NOW THEREFORE, the parties to this Agreement mutually agree as follows: 21 1. PREMISES AND USE (S) 22 CITY hereby grants COUNTY permission to enter upon the Premises, shown on 'EXHIBIT A' attached hereto, to conduct Monitoring Activities, as required, to pass and repass over, under, and along the 23 Premises, and to deposit tools, implements, and other materials thereon by COUNTY, its officers, employees, agents, contractors, contractor's employees, and by persons under contract with contractor 24 and their employees, as necessary for the purposes stated herein. 25 CITY acknowledges that any water andlor soil extracted from the Premises by COUNTY during the Monitoring Activities will be sealed into drums. The water and/or soil contents of said drums cannot be 26 redeposited onto or removed from the Premises until analysis of the contents is completed. CITY agrees to allow COUNTY to store said drums at the extraction site, or to designate a specific area within 27 the Premises to be used by COUNTY for drum storage, until such time as the analysis is complete and water and/or soil contents can be redeposited onto or removed from the Premises. 28 F_AWPQ0CSEAE%Go+hvd a1y of Ha.doc • 107/99. 1 an PH 105-18 Refuse tisoosdl Stan No. 10 EXHIBIT A RCA ROUTING SHEET INITIATING DEPARTMENT: PUBLIC WORKS SUBJECT: Approve Right of Entry Agreement for Monitoring Gothard Landfill COUNCIL MEETING DATE: November 15, 1999 RCA ATTACHMENTS STATUS Ordnance (w/exhibits $ legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc LApproved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds If applicable) Not Applicable Staff Report If a licable Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff IL. Assistant City Administrator (Initial) ( } ( } City Administrator Initial City Clerk EXPLANATION FOR RETURN OF ITEM: RCA Author Robert Martinez, Ext. 5423 l) General Liability ��lt'if F %G •• No. COUNTY OF ORANGE 2) Professional Liability • CERTIFICATE OF SELF-INSURANCE 3) Workers' Compensation 11hAM✓ed 4) Automobile Liability' v� Office of Risk Management. 12 Civic Center Plaza, Room 324, Santa Ana, CA 92701 170 Coverages: This is to certify that the County of Orange is self -insured for the following coverages - Type of Coverage Self-insurance Limit General Liability: Bodily Injury and Property Damage S1.000.000 Professional Liability $1,000,0(X) Workers' Compensation Statutory Automobile Liability- Vehicles owned, non -owned and hired SI,O(1),000 Terms, Conditions and Special Items - The provisions under General Liability, above, shall apply only with respect to claims arising out of the negligent acts or omissions of the County of Orange, its officers, agents and employees or any other person under its direction and control_ Cancellation: Should any of the above described self -insured coverages be modified or cancelled before the expiration date shown below, the County of Orange will provide 30 days written notice to the named certificate holder. Certificate Holder City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Robert Martinez Right of Fntry for Monitoring Activities on City of Huntington Beach Property - Gothard Street Landfill (PM 105-18) Certificate Holder is an Additional Insured Date Certificate Issued: 1-4-20(X) Certificate Expiration Date: 6/30/2000 Sharon O. Li tholder Manager, Risk IAandgemenh TO 714-834-2815 RM 9 StCert2000 B;rR I +. y C , +n n+�orney XnteAed Waste Management Apartment John W. Sibley, Director 320 North Flower Street • Suite 400 • Santa Ana California 92703 • (714) 834.4000 www,oc_ca_ 2v/iwmd December 8, 1999 City of Huntington Beach 2000 Main Street Huntington Beach California 92648 Attention: City Clerk Dear City Clerk: Enclosed are copies of corrected pages one and two of a right -of -entry agreement approved and signed by the City of Huntington Beach City Council on November 15, 1999. On page one the date 2000 has been substituted for the date 1999, as the County Board of Supervisors will not act on the document until January 2000. On page two the word CITY has been substituted wherever the work GRANTOR was used to be consistent throughout the document when referring to the City of Huntington Beach. I have substituted the corrected pa s�andtwo'he right -of -entry agreement, which the Orange County Board of Supervisors will act upon on January 11, 1999. After that date you will then receive a fully executed original of the corrected document. If you have any questions, please contact me at (714) 834-4053 or at a -mail richarda@iwmd.co.oranRe.ca.us. Sincerely, Attached are copies of approved as to form by our City Attorney, Gail Hutton of page ichar A er one and page two referenced in this letter. Management Services please send an executed agreement to the Office of the City Clerk, 2000 Main Street, Huntington Beach, California 92648 enclosures Thank You. cc: Ron Pierre by 1 Project No: PM 105-18 t3y Project Name: Gothard Street Landfille 2 (Refuse Disposal Station #10) 3 4 5 6 RIGHT OF ENTRY AGREEMENT 7 (Monitoring Activities) 8 9 This Right of Entry Agreement ("Agreement") is made, , 2000 by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY", and CITY OF 10 HUNTINGTON BEACH, hereinafter referred to as 'CITY.' 11 RECITALS 12 A. COUNTY operated a solid waste disposal station on property known as Gothard Street Landfill ("Facility') which was owned by COUNTY for such operation. 13 B. Said Facility is now closed. 14 C. CITY is the owner of Parcel PM 105-18, which is a portion of said Facility. CITY's parcel is 15 hereinafter referred to as "Premises." 16 b. Regulatory mandates require COUNTY to conduct investigation, testing, environmental compliance monitoring, and other associated activities, including, but not limited to, site inspections; surveying; 17 soil gas survey; soil borings; drilling ground water monitoring and gas monitoring wells and probes; monitoring and maintenance of said wells and probes; collecting samples; testing soil, water and air 18 quality; grading necessary for accessing wells and weed abatement (collectively, "Monitoring Activities") on the Premises. County is required to collect data and to submit report(s) to regulatory 19 agencies. 20 NOW THEREFORE, the parties to this Agreement mutually agree as follows: 21 1. PREMISES AND USE (S) 22 CITY hereby grants COUNTY permission to enter upon the Premises, shown on "EXHIBIT A' attached hereto, to conduct Monitoring Activities, as required, to pass and repass over, under, and along the 23 Premises, and to deposit tools, implements, and other materials thereon by COUNTY, its officers, employees, agents, contractors, contractor's employees, and by persons under contract with contractor 24 and their employees, as necessary for the purposes stated herein. 25 CITY acknowledges that any water and/or soil extracted from the Premises by COUNTY during the Monitoring Activities will be sealed into drums. The water and/or soil contents of said drums cannot be 26 redeposited onto or removed from the Premises until analysis of the contents is completed. CITY agrees to allow COUNTY to store said drums at the extraction site, or to designate a specific area within 27 the Premises to be used by COUNTY for drum storage, until such time as the analysis is complete and water and/or soil contents can be redeposited onto or removed from the Premises. 28 A5 w-00CS,RE\Gotrard Gry of KB. doe - 10I7M9. 1 1 - `y� k i� } 1 2. PRIOR NOTICE OF ENTRY (S) 2 Prior to each entry upon the Premises, COUNTY shall give CITY five (5) days notice of such entry or shall obtain CITY's approval of entry without such 5-day notice. 3 3. TERM (S) 4 The permission herein granted begins upon the date COUNTY executes this Agreement and continues 5 for three (3) years. Thereafter, this Agreement shall automatically renew each year on its anniversary date for a further one-year term- 6 The CITY or the COUNTY may terminate this agreement at any time by giving thirty (30) days' advance 7 written notice. Such notice of termination shall be sent through the United States mail in the State of Califomia, duly registered or certified, return receipt requested, with postage prepaid, and shall be 8 deemed to have been served or delivered 24 hours after mailing as herein provided. 9 Notwithstanding the above, this Agreement shall automatically terminate at the time Monitoring Activities are deemed completed. 10 4. AUTHORITY (S) 11 CITY warrants that the party signing this agreement represents the ownerAessor of the property and has 12 actual authority to enter into this agreement. 13 5. LIABILITY OF COUNTY (S) 14 COUNTY shall indemnify and save CITY harmless from and against any and all claims, demands, losses, or liabilities of any kind or nature which CITY sustains as a result of, or arising out of the 15 negligent acts of COUNTY, its officers, agents, contractors, contractors' employers, employees, subtenants, invitees, or licensees in connection with COUNTY's use of the Premises for Monitoring 16 Activities conducted under this Agreement. 17 6. GENERAL LIABILITY INSURANCE (N) 18 COUNTY shall throughout the term of this Agreement maintain a policy of general public liability insurance, including motor vehicle coverage covering COUNTY's use of the Premises for Monitoring 19 Activities conducted under this Agreement (the "Project"). Said policy shall indemnity COUNTY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims 20 arising out of or in connection with the Project, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including liability and blanket 21 contractual liability, of $1,000,000 per occurrence. It coverage is provided under a form, which includes a designated general aggregate limit, the aggregate limit must be no less $1,000,000 for the Project. 22 Said policy shall name CITY, its agents, its officers, employees and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Project 23 shall be deemed excess coverage and that COUNTY's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a "deductible" or any other similar form of 24 limitation on the required coverage. 25 COUNTY shall also throughout the term of this Agreement maintain a policy of workers' compensation insurance meeting statutory requirements. COUNTY shall provide to CITY, certificates of insurance 26 necessary to satisfy CITY that the insurance provisions of this Agreement have been complied with and to keep such insurance in effect and the certificates therefore on deposit with CITY during the entire 27 term of this Agreement. COUNTY may, at COUNTY's option, self -insure the coverages required herein. 28 IL W AD0CSWe,Gwhara Cary 01 HSADC - 1 WM - , -2- t Ivf ?r From th6 desk of: Janelle Case Deputy City Clerk � JTelephone; (7l4) 536-5260 �_ �� TO e 113) Fax: (714) 374-1557�` `.'i�.TGr'a TiCe Wotes Office of the City CCerF Huntington Beach, California A-o 76 " /d File Notes Office of the City CCerk Huntington Beach, California a .�✓ v 1 � a..., �Lr a'`'f` ct en. ram..✓- / fze ZG�9� uGlz TiCe Notes 6 Office of the City Cterk Huntington Beach, California z/ -7 A? s' `V 30 /. AV6'k /3,i3 9 9 aza 6FFI C T IDp cam -'. s9ena� I�1,f,'a.fec�. c� Irv✓2� b • J. HUNTINGTON BEACH City of Huntington Beach P. Q. Box 190 - 2000 Main Street Huntington Beach, California 92648 From the desk of. Janelle Case Deputy City Clerk Telephone: (714) 536-5260 Fax: (714) 374-1557 r