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Home My WebLink AboutRIGHT OF ENTRY AGREEMENT/REFUSE DISPOSAL STATION #16 - 1996-09-03 • ROBERT A.GRIFFITH Director.General Services Agency ROBERT G.LOVE U N TY 4 F Deputy Director.General Services Agoncy CHARLES W.WEST Director.GSA,,-Real Estate 5 3 RANGE GENERAL SERVICES AGENCY REAL ESTATE o E 14 Civic Center Plaza.Third Floor e R O L r Santa Ana.California 92701 (714)834-5503 QQ( FAX(714)834.5658 OCT 1 i 1 9% September 30, 1996 Attn: Dan Brennan, Director Real Estate Services r City of Huntington Beach P.O. Box -190 2000 Main Street Huntington Beach, CA 92648 SUBJECT: FULLY EXECUTED RIGHT OF ENTRY AGREEMENT FOR REFUSE DISPOSAL STATION #16, CANNERY LANDFILL, PM 109-7 Dear Mr. Brennan: Please find enclosed a fully executed original copy of the Right of Entry Agreement for the subject site mentioned above. This copy is provided to you for your files. Thank you very much for your assistance on this project and if you have any questions, please call me at 834-5298 . Sincerely, W. Jonathan W. Bordeaux Real Property Agent GSA/Real Estate/Asset Management 41 enclosure b-roe109-7.ok jwb �4 �„� CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CrrY CLERK September 23, 1996 John Bordeau County of Orange 14 Civic Center Plaza Santa Ana, California 92701 Dear Mr. Bordeau; The City Council of the City of Huntington Beach at their meeting held September 3, 1996 approved the Right of Entry Agreement between the County of Orange and the City of Huntington Beach regarding the monitoring of Refuse Disposal Station #16, a former Orange County Solid Waste Landfill area. Please return a fully executed copy of the agreement to the Office of the City Cleric, 2000 Main Street, Huntington Beach, California, 92648. If you have any questions regarding this matter please call the Office of the City Clerk (714) 536-5227_ Connie Brockway City Clerk anelle Case Deputy City Clerk Enclosures Glfollow up/Cannery jg (Telephone:714-536-5227) f Council/Agency Meeting Held: Deferred/Continued to: - Approved ElConditionally Approved ❑ Denied City Clerk's ignature Council Meeting Date: September 3, 1996 Department ID Number: AS 96-037 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: ROBERT J. FRANZ, Deputy City Administrato SUBJECT: Proposed Right-of-Entry for Refuse Disposal Station#16, Cannery Landfill, PM. 109-7 Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: The City has, since June 1, 1990, granted the County of Orange right of entry to Edison Park for monitoring the Refuse Disposal Station #16, a former Orange County Solid Waste Landfill area. The original agreement has expired and the County is requesting the Council approve the attached new agreement. Funding Source: None Recommended Action: Accept the County of Orange monitoring agreement and authorize execution by the Mayor and City,Clerk. Alternative Action(s): Do not accept the agreement and forego monitoring service. Analysis: The County Solid Waste Disposal Station known as Refuse Station #16, Cannery Landfill, PM-109-7 was operated as a dump site for many years by the County of Orange. Regulatory mandates require County to conduct investigation, testing, environmental compliance monitoring, and other associated activities on the premises. The term of the Contract is 3 years with automatic one year extensions. The agreement shall automatically terminate at the time monitoring activities are deemed completed. The City or County may, with 30 day written notice, terminate this Agreement. �- a R?QUEST FOR COUNCIL ACTIO MEETING DATE: September 3, 1996 DEPARTMENT 1D NUMBER: AS 96-037 Environmental Status: Being monitored. Attachment[s]: NumberCity Clerk's Page 1. Original Agreement RCACODIS.DOC -2- 08/05/96 9:24 AM .fd `u 1 PM 109-7 Refuse Disposal Station #16 2 3 RIGHT OF ENTRY AGREEMENT (Monitoring Activities) 4 5 This Right of Entry Agreement ("Agreement") is made Z , 19 q(0 6 by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY", and CITY OF 7 HUNTINGTONBEACH, hereinafter referred to as "GRANTOR." 8 RECITALS 9 A. COUNTY operateQI a solid waste disposal station on property known as Canne Landfill ("Facility") which was owned by COUNTY for such operation. 10 B. Said Facility is now closed. 11 C. GRANTOR is the owner of Parcel PM 109-7 which is a portion of said Facility. GRANTOR's 12 parcel is hereinafter referred to as "Premises." 13 D. Regulatory mandates require COUNTY to conduct investigation, testing, environmental compliance monitoring, and other associated activities (collectively, "Monitoring Activities") 14 on the Premises. 15 NOW THEREFORE, the parties to this Agreement mutually agree as follows: 16 1. PREMISES AND USE (S) 17 GRANTOR 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 18 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 19 contractor and their employees, as necessary for the purposes stated herein. 20 GRANTOR acknowledges that said Monitoring Activities on the Premises may require, but are not limited to, activities such as: site inspections; soil boring; drilling ground water monitoring wells, 21 gas collection wells, and gas perimeter probes; monitoring of said wells and probes; collecting samples; testing soil, water, and air quality; grading; and weed abatement. 22 GRANTOR acknowledges that any water and/or soil extracted from the Premises by COUNTY during 23 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. 24 GRANTOR 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 25 analysis is complete and water and/or soil contents can be redeposited onto or removed from the Premises. 26 27 28 CC cc "D`,AOE-DOC 212196 1 2. PRIOR NOTICE OF ENTRY IS) 2 Prior to each entry upon the Premises, COUNTY shall give GRANTOR five (5) days notice of such entry or shall obtain GRANTOR'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 GRANTOR or the COUNTY may terminate this agreement at any time by giving thirty (30) days' 7 advance 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 8 shall be 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. LIABILITY OF COUNTY IS) 11 COUNTY shall indemnify and save GRANTOR harmless from and against any and all claims, demands, 12 losses, or liabilities of any kind or nature which GRANTOR sustains as a result of, or arising out of the acts of COUNTY,its officers, agents, employees,subtenants, invitees, or licensees in connection 13 with COUNTY's use of the Premises for Monitoring Activities conducted under this Agreement. 14 5. NOTICES (S) 15 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. 16 COUNTY GRANTOR 17 Integrated Waste Management Department Attn: Dan Brennan 18 320 N. Flower Street, Suite 400 Real Estate Services Director Santa Ana, CA 92703 City of Huntington Beach 19 Attention: Director, IWMD P.O. Box 190 Telephone No.: (714) 834-4000 2000 Main Street 20 Fax No.: (714) 834-4001 Huntington Beach, CA 92648 Telephone No.: (714) 536-5544 21 Fax No.: (714) 374-1571 GSA/Real Estate and 22 14 Civic Center Plaza, 3rd Floor Santa Ana, CA 92701 23 Attn: Asset Management Telephone No.: (714) 834-5503 24 Fax No.: (714) 834-5658 25 6. ATTACHMENTS (S) 26 This Agreement includes the following, which are attached hereto and made a part hereof: 27 EXHIBIT A - Location Map of Premises 28 CC-cc PArWSROE-DOC 2/2I96 2 1 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. 2 GRANTOR - CITY OF HUNTINGTON BEACH 3 B // . Y 4 Mayor 5 ATTZES : 6 �:cSh:G c y By 7 City Clerk 8 / APPROVED AS TO FORM: APPROVED AS TO FORM: 9 County Counsel 10 By 11 By Christopher M. Dargan 3/22/96 j ttorney I-Ic 7- 9-16 12 REVIEWED AND APPROVED: 13 RECOMMENDED FOR APPROVAL: 14 Integrated Waste Management Department Cit Administrator 15 By Suzanne Mc Clanahan 5/31/96 16 INITIATED AND APPR VIED: 17 / CEO/Risk Management /C/ ' 18 By / 19 By Thomas Beckett 3/11/96 Director of Community Services 20 21 GSA/Real Estate 22 By 7 z 6 23 24 COUNTY q �� / z7 q6 By. 25 26 �' Director, GSA/Real Estate Date Per Minute Order dated April 2, 1996 27 28 CC=IWMMROEAOC 2/2/98 3 z W/LL/AAI Lr X£TTLER p W 2. ELEMEN.'ARY ,SCHOOL � � O k � a h y i z a 7 Tr, W x r Q 11 012 tn 4 h N v 5 .4 C " 4.5 C. 12 6,°A ED/S CO UN/ A RIC Q 2 Oa SBE148.30-44A-2 ao 6 ��. 5.46 AC ' AAf1Lr01V - -- AVENUE Q 114 -- ICJ � ASSESSOR'S MAP BOOK 148 PAGE 01 N COUNTY OF ORANGE PREMISES NORTH Location PROJECT NUMBER: PROJECT TITLE: CANNERO LANDFILL PM 109-7 REFUSE DISPOSAL STATION #16 (Specifically within APN's: LOCATION 148-012-04 & 148-012-12 MAP RIGHT OF ENTRY EXHIBIT A