HomeMy WebLinkAbout2015-10-13 - AGENDA REPORTS - MONITORING WELL VALENCIA (2)__7
Agenda Item: 5
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: October 13, 2015
SUBJECT: RESOLUTION TO APPROVE A GRANT OF EASEMENT AND
RIGHT OF ENTRY AND CONSTRUCTION EASEMENT TO
CASTAIC LAKE WATER AGENCY FOR A GROUNDWATER
MONITORING WELL AT VALENCIA LIBRARY SITE
DEPARTMENT: Public Works
PRESENTER: David Lasher
RECOMMENDED ACTION
City Council:
1. Adopt a resolution approving a Grant of Easement and Right of Entry and Construction
Agreement between the City of Santa Clarita and the Castaic Lake Water Agency in
connection with a proposed groundwater monitoring well located on public property at the
Valencia Library.
2. Authorize the City Manager or designee to execute all documents, subject to City Attorney
approval.
BACKGROUND
The Castaic Lake Water Agency (CLWA) has requested to install a monitoring well on public
property adjacent to the Valencia Library located at 23743 Valencia Boulevard in the City of
Santa Clarity (City). The sole purpose of the well is for the long-term monitoring of water quality
in the vicinity of water supply wells operated by CLWA.
Following the drilling of a 1,200 -foot -deep well, the project will conclude with an 18 -inch flush -
to -grade inspection access cover (a manhole cover), located within a parking stall, where after-
hours monitoring would periodically occur.
Approval by the City Council will grant an easement for the construction, maintenance, and
repair of the well and perpetual access to the inspection access cover. In exchange for the use of
public property during construction of the well and for perpetual access to the access point,
CLWA will compensate the City in the amount of $1,400, the appraised fair market value of the
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portion of the parcel for a temporary construction easement and future access for periodic
monitoring.
ALTERNATIVE ACTION
Other action as determined by the City Council.
FISCAL IMPACT
The fiscal impact of the action is limited to compensation in the amount of $1,400 associated
with the appraisal of the easement.
ATTACHMENTS
Resolution
Page 2
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RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, APPROVING A GRANT OF EASEMENT AND RIGHT
OF ENTRY AND CONSTRUCTION AGREEMENT BETWEEN THE CITY OF SANTA
CLARITA AND THE CASTAIC LAKE WATER AGENCY IN CONNECTION WITH A
PROPOSED GROUNDWATER MONITORING WELL LOCATED ON PUBLIC PROPERTY
AT THE VALENCIA LIBRARY
WHEREAS, Castaic Lake Water Agency (CLWA) has proposed the installation of a
groundwater monitoring well on public property at the Valencia Library (Library) located at
23743 West Valencia Boulevard in the City of Santa Clarita (City); and
WHEREAS, a monitoring well located at the Library will provide the ability for CLWA
to monitor long-term water quality within the Santa Clarita Valley; and
WHEREAS, the City requires a Grant of Easement (attached hereto as Exhibit A) for
CLWA to maintain and access said monitoring well; and
WHEREAS, the City requires a Right of Entry and Construction Agreement (attached
hereto as Exhibit B) for CLWA to access the construction area and construct said monitoring
well; and
WHEREAS, the City Council of the City of Santa Clarita, California hereby desires to
grant to CLWA a Grant of Easement and Right of Entry and Construction Agreement to
construct and access the monitoring well site described in said easements attached hereto.
NOW THEREFORE, the City Council of the City of Santa Clarita, California does
hereby resolve as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Council does hereby approve the Grant of Easement and the
Right of Entry and Construction Agreement by and between the City and CLWA in the form
presented to the City Council at the meeting at which this Resolution is being adopted.
SECTION 3. This resolution shall take effect immediately.
SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution,
cause the same to be entered in the book of resolutions of the City, and make a minute of the
passage and adoption thereof in the records and proceedings of the City Council of the City in
the minutes of the meeting at which the same is presented.
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PASSED, APPROVED, AND ADOPTED this 13th day of October 2015.
MAYOR
ATTEST:
CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF SANTA CLARITA )
I, Kevin Tonoian, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 13th day of October 2015, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
CITY CLERK
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GRANT OF EASEMENT
(Monitoring Well)
Exhibit A
Date: October 13, 2015
Grantor: Castaic Lake Water Agency
27234 Bouquet Canyon Road
Santa Clarita, CA 91350-2173
Grantee: City of Santa Clarita
23920 Valencia Boulevard, Suite 225
Santa Clarita, CA 91355
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
CITY OF SANTA CLARITA
Attention: CITY CLERK
23920 Valencia Blvd.
Santa Clarita, California 91355
Telephone: 661-259-2489
THIS SPACE FOR RECORDER'S USE ONLY
Portion of APN 2861-009-908 FREE GOVERNMENT
RECORDING PURSUANT TO
GOVERNMENT CODE SEC. 27383
AND EXEMPT FROM TAX
PURSUANT TO REVENUE AND
TAX CODE SEC. 11922
GRANT OF EASEMENT
(Monitoring Well)
This Grant of Easement Agreement ("Agreement") is made this day of , 2015, between the
City of Santa Clarita, a municipal corporation ("Grantor") and the Castaic Lake Water Agency, a public agency
organized and existing under the laws of the State of California, its Successors and Assigns (collectively,
"Grantee").
RFCITAT .�
A. Grantor is the legal owner of a fee interest in certain real property located in the County of Los
Angeles, State of California ("Easement Area"), more specifically described in the attached Legal Description
(Exhibit A) and further depicted in the attached Map of the Easement Area (Exhibit B).
B. Grantee seeks to obtain a non-exclusive, revocable easement in, on, under and across a portion of
the Easement Area for the purpose of drilling, installing, maintaining, and repairing a monitoring well. The
easement shall be permanent from the date of recording, unless terminated consistent with the provisions of this
easement. Grantee intends to install the proposed monitoring well for water sampling purposes in one parking
stall, in the parking lot area portion of the Easement Area. Grantee represents that access to the monitoring well
will be periodic, and generally no more than four times per calendar year.
C. Prior to any drilling, the Grantee or its designees will visit, select, and mark the actual location of
the well; obtain all necessary approvals for drilling; acquire any applicable well/boring permits; and coordinate
with Dig -Alert prior to any digging. Grantee represents that they will undertake only activities necessary in
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furtherance of the water sampling activities, and work with the Grantor to prevent long-term impacts to the
Valencia Public Library's operations. This includes limiting sampling to the Valencia Public Library's non-
business hours, if available. The parties will enter into a separate agreement which will detail the process of
scheduling of necessary monitoring activities.
D. Grantee's monitoring well is estimated to be 1,200 feet below ground. Grantee represents that
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the monitoring well will be constructed in accordance with the California Department of Water Resources' Well
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Standards, including those contained in Bulletin 74-81 and 74-90. The proposed design of the well is attached as
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Exhibit C, and Grantee will immediately update Grantor with any changes to the proposed design. After the
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installation, Grantee will cover the well with an 18 -inch manhole cover.
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E. Now, therefore and in valuable consideration of the sum of $1,400.00, the receipt and sufficiency
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of which is hereby acknowledged, Grantor and Grantee hereby agree as follows:
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AGREEMENT
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1. The easement is for a non-exclusive, revocable easement in, on, under and across
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the Easement Area for drilling, installing, maintaining, and repairing a monitoring well in the
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Easement Area. This easement grant is permanent in nature unless terminated as provided for in
Section 7 below. In addition, the Grantee and its designees may reasonably access the areas
adjacent to the Easement Area, as depicted in Exhibit B, to execute the rights contained in this
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Agreement.
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2. Grantor shall not erect or construct any building or other structure within the
easement route, strip, or parcel.
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3. Grantee may remove all objects that may prevent access and use of the easement
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parcel under this easement, after written approval is provided by Grantor. Grantee shall be
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responsible for replacement of any non -permanent structures within the easement area, this
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extends to any agreed upon removal of non -permanent structures required for maintenance or
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repair of the facilities related to the implementation of this Agreement.
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4. Grantee must maintain the Easement Area in good condition and in a manner that
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does not unreasonably interfere with the Grantor's use of the Easement Area for any library
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related purposes.
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5. Grantor reserves the right with one-year written notice to require Grantee, at
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Grantee's expense, to remove and relocate all improvements placed by Grantee on the Easement,
upon determination by Grantor that the same will interfere with future development or use of
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Grantor's property. Grantor shall grant Grantee with an easement in a feasible new location, on
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the same terms and conditions as herein stated, and Grantee thereupon shall reconvey to Grantor
the easement herein granted.
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6. Grantor shall retain all normal rights and incidents of ownership of the underlying
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fee interest in the Easement Area not inconsistent with this Agreement.
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7. The easement may be terminated under the following circumstances:
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a. By mutual agreement of the parties.
b. If Grantee uses the Easement in a manner not consistent with the grant of
rights described herein or if Grantee abandons or ceases to use the Easement, the Grantor shall be
authorized to terminate the Easement upon 30 days written notice.
8. Upon the termination of this Easement, Grantee shall remove all equipment from
the Easement Area, at the Grantee's sole cost and expense, and restore the property to its original
condition to the extent reasonably practical.
9. Grantee agrees to indemnify, defend, and hold harmless the Grantor from and
against any action, suit, claim, damage, loss, cost, penalty, obligation, error, omission or liability
to an act '
that is related y , omission, or negligence of the Grantees use of this easement, including
any claims arising out of Grantee's construction of the monitoring well or its water sampling
activities.
10. Grantee must carry, maintain, and keep in full force and effect, insurance covering
liability for any claims arising out of Grantee's use of the easement and Easement Area.
Grantee's insurance must have a minimum limit of One Million Dollars ($1,000,000) for each
occurrence and in the aggregate for any personal injury, death, loss or damage. The policies
required by this Agreement shall be issued by an insurer admitted in the State of California and
with a rating of at least A NII in the latest edition of Best's Insurance Guide. If Grantee does not
keep the insurance required in this Agreement in full force and effect, Grantor may either
immediately terminate this Agreement or, if insurance is available at a reasonable cost, Grantor
may take out the necessary insurance and pay, at Grantee's expense, the premium. Immediately
after execution of this Agreement, Grantee must provide Grantor a certificate of insurance
showing that the insurance policies are in effect and satisfy the required . amounts and
specifications required pursuant to this Agreement. Grantor must provide
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insurance expiring during the term of this Agreement, or the use of this easement, have been
renewed or replaced with other policies providing at least the same coverage. Such proof will be
furnished at least 30 days prior to the expiration of the coverages. The insurance provided by
Grantee shall be primary to any other coverage available to Grantor. Any insurance or self-insurance
maintained by Grantor, its officers, employees, agents or volunteers, shall be in excess of Grantee's
insurance and shall not contribute with it. The Grantor's officers, agents and employees shall be named
as an additional insured on the Grantee's insurance.
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11. This Agreement may be enforced by an action at law or in equity and in the event •°
that suit is brought for the enforcement of this Agreement or as the result of any alleged breach o
thereof, the prevailing party in such suit shall be entitled to recover reasonable attorneys' fees
from the other party and any judgment or decree rendered in such suit shall include an award
therefore. This Agreement shall be governed by, enforced and construed in accordance with the a
laws of the State of California. E
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12. All notice required under this easement shall be provided to the following
contacts:
CITY: City of Santa Clarita
Attn: Director of Public Works
23920 Valencia Boulevard, Suite 225
Santa Clarita, CA 91355
Telephone: 661-294-2520
CLWA: James R. Leserman, P.E.
Senior Engineer
Castaic Lake Water Agency
27234 Bouquet Canyon Road
Santa Clarita, CA 91350-2173
Telephone: 661-297-1600
13. Wherever possible, each provision of this Agreement shall be interpreted in such a
manner as to be valid under applicable law. If any provision of this Agreement is determined by
a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions
shall nevertheless continue in full force and effect.
14. This Agreement may be executed in one or more counterparts, which, taken
together, shall constitute one complete and enforceable agreement. .
15. All exhibits are incorporated into this Agreement by reference. This is the entire
agreement between Grantor and Grantee with respect to this easement. No other prior oral or
written agreements are binding on the parties. Any modification of this Agreement will be
effective only if it is in writing and executed by both parties.
Executed on this day of 92015.
CITY OF SANTA CLARITA
a municipal corporation
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ATTEST:
Kevin Tonoian
City Clerk
Kenneth W. Striplin
City Manager
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APPROVED AS TO FORM:
Burke, Williams and Sorensen, LLP
Joseph M. Montes
City Attorney
CASTAIC LAKE WATER AGENCY
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Dan Masnada
General Manager
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Exhibit A Legal
Description
. e Ci of Santa Clarita, County of Los Angeles,
That portion of the Rancho San Francesco In the City of said
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per Ma filed in Book 1 Pages 521 and 522 of patents, records State of California, p p
County, described as follows:
Commencing at the intersection of the centerline of variable width Valencia Boulevard with the
centerline of 100.00 -foot wide Magic Mountain Parkway;
Boulevard, South 17° 36' 35" West 176.22 feet;
thence, along the centerline of Valencia
thence, leaving said centerline South 730 221 36" West 1 1 14.33 feet to the Point of Beginning;
thence, South 190 33' 24" West 6.00 feet
thence, South 70° 26' 36" East 6.00
feet thence, North 19° 331 24" East 6.00
feet
° 26' 3 6" West 6.00 feet to the Point of Beginning.
thence, North 70
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STATE OF CALIFORNIA
ss.
COUNTY OF )
On ,before me, , a
notary public, personally appeared personally
known to me (or 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 signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
Signature
(This area for official notary seal)
(Certificate of Acceptance, Government Code Section 27281)
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This is to certify that the CASTAIC LAKE WATER AGENCY, a public agency organized and
existing under the laws of the State of California, Grantee herein, hereby accepts for public purposes the
real property or interest therein, conveyed by the within Easement Grant Deed and consents to the
recordation thereof in the County of Los Angeles, State of California.
In witness whereof, I have hereunto set my hand this day of 92015.
CASTAIC LAKE WATER AGENCY
Dan Masnada, General Manager
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RIGHT OF ENTRY AND CONSTRUCTION AGREEMENT
(Monitoring Well)
Exhibit B
Date: October 13, 2015
Grantor: Castaic Lake Water Agency
27234 Bouquet Canyon Road
Santa Clarita, CA 91350-2173
Grantee: City of Santa Clarita
23920 Valencia Boulevard, Suite 225
Santa Clarita, CA 91355
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PROJECT: Castaic Lake Water Agency
Monitoring Well
PARCEL NO.: APN 2861-009-908
OWNER: City of Santa Clarita
Right of Entry and Construction Agreement
(Monitoring Well)
This Entry and Construction Agreement ("Agreement") is between the City of Santa Clarita ("City") and
the Castaic Lake Water Agency ("CLWA"), and is effective as of , 2015 ("Effective
Date").
RECITAIN
A. City is the legal owner of real property located at 23743 Valencia Blvd., Santa Clarita,
CA ("Property"), more specifically described in the attached Legal Description (Exhibit A) and further
depicted in the attached Map of the Property (Exhibit B). The Property is currently used to operate the
Valencia Public Library.
B. CLWA is constructing a monitoring well on a portion of the Property that is used for
parking to conduct water sampling ("Project") of water sources located within the City. CLWA seeks an
agreement from the City to temporarily use portions of the Property to access, stage, store, and otherwise
use the Property in order to construct the monitoring well.
Now therefore, Grantor and Grantee hereby agree as follows:
A GR FF.MFNT
1. Right of Entry and Establishment of Work Areas. City grants CLWA (including its
employees, agents and contractors) the right to enter the Property for the purposes of: (a) constructing the
Project (also referred to herein as the "Work"); and (b) establishing temporary work areas on the
Property, including travel paths as depicted within Exhibit B in support of the Work ("Work Area").
2. Construction Travel Paths. City further grants CLWA (including its employees, agents
and contractors) permission for temporary ingress and egress across the Property to and from the Work
Area via the travel paths ("TP") depicted on Exhibit B. As depicted in Exhibit B, for security and safety, c
CLWA will erect and maintain fencing in the Work Area and TP during the construction of Project
improvements, in a manner acceptable to the City. At the conclusion of construction of the Project o
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Improvements and use of the TP, CLWA will remove such fencing and will restore the Property to as 0
close to original condition as possible.
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3. Hours of Work. CLWA will conduct work Monday to Friday 7:00 a.m. to 5:00 p.m. If .c
additional hours or days are required, CLWA will be required to obtain written permission from the City
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4. Term. This Agreement commences on the Effective Date and will terminate upon the
sooner of (1) the completion of the Project, or (2) 6 weeks from the City's receipt of written notice from
CLWA of the commencement of construction activity.
5. Termination. This Agreement may be terminated under the following circumstances:
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a. By mutual agreement of the parties.
b. If CLWA violates this Agreement or if CLWA abandons or fails to construct the
well improvements in the Term period, the Grantor shall be authorized to terminate this Agreement upon
15 days written notice.
In the event this Agreement is terminated, Grantee shall remove all equipment from the Property,
at CLWA's sole cost and expense, and restore the property to its original condition to the extent
reasonably practical.
6. Indemnification. CLWA agrees to indemnify, defend, and hold harmless the City from
and against any action, suit, claim, damage, loss, cost, penalty, obligation, error, omission or liability that
is related to any act, omission, or negligence of the CLWA's use of this Agreement or the Property,
except to the extent arising from the sole or active negligence or willful misconduct of City.
7. Insurance. Prior to commencing any Work at the Property, CLWA and its contractors
must carry, maintain, and keep in full force and effect, insurance commercial general liability,
comprehensive automobile liability, and Workers' Compensation insurance meeting all . of the following
requirements:
a. A commercial general liability policy in an amount not less than Two Million
Dollars ($2,000,000) combined single limit, including contractual liability.
b. A comprehensive automobile liability policy in the amount of One Million
Dollars ($1,000,000) combined single limit. Such policy or policies shall be written on an occurrence
form.
C. Workers' Compensation insurance as required by law.
d. Companies writing the insurance required hereunder shall be approved to R
conduct business in the State of California. CLWA's insurance shall be placed with insurers with a C�
current A.M. Best's rating of no less than A -:VII. CLWA shall furnish appropriate certificate(s) of
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insurance evidencing the insurance coverage required by City hereunder, and the City and its officers, o
officials and employees shall be named as additional insured parties under the liability policies required z
hereunder. Coverage provided hereunder by CLWA shall be primary insurance and shall not be 4
contributing with any insurance, self-insurance or joint self-insurance maintained by City, and the policy v
shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of o
subrogation for the benefit of City to the extent that such waiver is commonly available with respect to
such coverages. Within thirty (30) business days following City's written request, CLWA shall deliver,
or cause its contractor to deliver, to City, certificates evidencing the insurance required hereunder. If ;°
CLWA opts to provide such coverage itself rather than through its contractor, CLWA may maintain such
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commercial general liability insurance coverage and satisfy its insurance obligations under this paragraph,
by virtue of CLWA's participation in a joint powers insurance authority, so long as the coverage afforded
thereby is at least equivalent to the liability insurance coverage required above. The Grantor's officers, _
as
agents and employees shall be named as an additional insured on the Grantee's insurance. E
r
8. This Agreement may be enforced by an action at law or in equity and in the event that
suit is brought for the enforcement of this Agreement or as the result of any alleged breach thereof, the a
prevailing party in such suit shall be entitled to recover reasonable attorneys' fees from the other party
and any judgment or decree rendered in such suit shall include an award therefore. This Agreement shall
be governed by, enforced and construed in accordance with the laws of the State of California.
9. All notice required under this Agreement shall be provided to the following contacts:
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CITY: City of Santa Clarita
Attn: Director of Public Works
23920 Valencia Boulevard, Suite 225
Santa Clarita, CA 91355
Telephone: 661-294-2520
CLWA: James R. Leserman, P.E.
Senior Engineer
Castaic Lake Water Agency
27234 Bouquet Canyon Road
Santa Clarita, CA 91350-2173
Telephone: 661-297-1600
Interpretation. Wherever possible, each provision of this Agreement shall be interpreted in such a manner
as to be valid under applicable law. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless
continue in full force and effect.
10. Counterparts. This Agreement may be executed in one or more counterparts, which,
taken together, shall constitute one complete and enforceable agreement.
11. Severability. If any term, covenant, condition or provision of this Agreement is found by
a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions will
remain in full force and effect and will not be affected, impaired or invalidated thereby.
12. California Law. This Agreement will be construed and interpreted pursuant to the laws
of the State of California.
13. Recitals and Exhibits. The foregoing recitals and exhibits are incorporated herein by
reference as though fully set forth.
14. Amendment. Any amendment to this Agreement must be made in writing and signed by
the parties.
Executed on this day of 92015.
CITY OF SANTA CLARITA
a municipal corporation
0
ATTEST:
Kevin Tonoian
City Clerk
Kenneth W. Striplin
City Manager
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LA #4833-4524-1125 vl
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APPROVED AS TO FORM:
Burke, Williams and Sorensen, LLP
Joseph M. Montes
City Attorney
CASTAIC LAKE WATER AGENCY
Dan Masnada
General Manager
6.a
LA #4833-4524-1125 vl
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Exhibit A Legal
Description
Temporary Construction
Easement
That portion of the Rancho San Francisco in the City of Santa Clarita, County of Los Angeles,
State of California, per Map filed in Book 1 Pages 521 and 522 of patents, records of said County,
described as follows:
Commencing at the intersection of the centerline of variable width Valencia Boulevard with the
centerline of 100.00 -foot wide Magic Mountain Parkway;
thence, along the centerline of Valencia Boulevard, South 170 36' 35" West 176.22 feet;
thence, leaving said centerline North 710 16' 56" West 54.86 feet to a point on the northeasterly
line of the land described in the Quitclaim Deed from the County of Los Angeles to the City of
Santa Clarita recorded on June 23, 2011 as Instrument Number 20110850402, records of said
County, said point being the Point of Beginning;
thence, along said northeasterly line and the northwesterly projection thereof,
North 70021' 59" West 80.22 feet;
thence, South 19° 24' 25" West 28.02 feet;
thence, South 700 22' 25" East 36.72 feet;
thence, South 19° 33' 24" West 136.39 feet;
thence, South 700 21' 18" East 35.24 feet to the beginning of a non -tangent curve concave
northwesterly having a radius of 1258.71 feet, a radial line through said point bears South
63' 50' 39" East,
thence northeasterly along said curve through a central angle of 70 29' 54" an arc distance of
164.73 feet to the Point of Beginning
Except therefrom that portion thereof not included within the land described in said instrument o
Number 20110850402.
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EXHIBIT B
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Lkwafy Well Locafm Map
Saugus Formo6on Monitoring Wells
CH2MHILL.
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