HomeMy WebLinkAbout2014-04-22 - AGENDA REPORTS - MOU NEWHALL WATER DIST RE WELL (2)Agenda Item: 15
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR City Manager Approval:
Item to be presented by: Chris Price
DATE: April 22, 2014
SUBJECT: MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF SANTA CLARITA AND THE NEWHALL COUNTY WATER
DISTRICT REGARDING THE RESERVATION OF A WELL SITE
ON NEWHALL PARK PROPERTY.
DEPARTMENT: Parks, Recreation, and Community Services
RECOMMENDED ACTION
City Council approve the draft Memorandum of Understanding (MOU) that has been negotiated
between the City of Santa Clarita (City) and the Newhall County Water District (NCWD), and
authorize the City Manager to finalize, sign, and accept the MOU on behalf of the City.
BACKGROUND
In April of 2012, 96 new parking spaces were added at the Newhall Metrolink Station. The
parking for this station is shared with the Newhall Community Center. During construction of
the parking expansion, the contractor also improved a half -acre passive recreation area to the
immediate east of the Center using Quimby funds. The passive park included turf, walkways,
benches, and trees. In order to maximize the usable size of the area, a NCWD well -head that was
not in use would need to be removed and properly abandoned. Although not actively producing
water for the community, the well was part of the District's infrastructure and could have been
re -activated for future use. Staff worked with the District's engineers to determine a viable
location in a nearby City park that would also be positioned to reach a specific aquifer that could
produce drinking water at a level seen previously at the abandoned location. Staff evaluated a
number of potential sites within Newhall Park and determined that the site presented would
result in the least impact to park users and the surrounding community. The site within Newhall
Park was agreed upon based on the criteria necessary for both parties, and the attached draft
MOU and associated access, operation, and maintenance easements prepared. The NCWD has
no current or short term forecasted plans to drill the new well or construct any of the related
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infrastructure.
ALTERNATIVE ACTIONS
City Council direct staff to re-engage the NCWD to investigate alternative locations for the
replacement well site.
FISCAL IMPACT
All costs associated with the installation, operation, maintenance, or impacts to Newhall Park or
its parking areas will be borne by the NCWD. There will be no fiscal impact to the City as a
result of this action.
ATTACHMENTS
Final Draft MOU City-NCWD
NCWD easement over part of Newhall Park
M
NEWHALL COUNTY WATER DISTRICT WELL SITE - NEWHALL PARK
NEWHALL PARK WELL SITE EASEMENT AND ACCESS AGREEMENT
This Newhall Park Well Site Easement and Access Agreement (Agreement) is
made and entered into on the day of , 20_ by and
between the City of Santa Clarita (hereinafter referred to as "City") and Newhall
County Water District (hereinafter referred to as "NCWD"). City and NCWD may
hereinafter be referred to individually as "Party" and collectively as "Parties."
WITNESSETH:
WHEREAS, NCWD seeks to reserve and secure a site for the future
installation of a well, hereinafter known as the "Facility" at the Newhall Park owned
and operated by the City, and the City seeks to provide such a site in exchange for the
previous abandonment of a similar facility by NCWD on City owned and operated
property elsewhere in the jurisdiction.
WHEREAS, NCWD has no current plans to construct, operate, and
maintain the aforementioned Facility; however, the parties seek to provide and
secure the property necessary along with the access and construction space needed
for a future installation.
WHEREAS, City seeks to provide the necessary space and access to
accommodate the future Facility in Newhall Park as identified herein, and City
seeks to control the method and means by which Newhall Park, City Employees,
and park patrons will be affected by the construction and ongoing operation of the
Facility.
NOW, THEREFORE, in recognition and appreciation of the mutual promises
and conditions of the parties herein, as hereinafter set forth, the parties agree as
follows:
Permanent location of Facility
The subject location for the Facility is legally described in and identified as by the
exclusive permanent easement identified and described as "Prop. Well Site" in
Exhibit "A and B," hereinafter referred to as "Property".
Access Easement
The method by which NCWD will enter Newhall Park and access the Property is
defined by the non-exclusive ingress and egress easement identified and described
as "Prop. Access Easement" in Exhibit "A and B," hereinafter referred to as
"Access Easement."
Property Development means, methods, and costs
a. NCWD will inform the City of its intention to activate its use of the
Property by submitting a written letter of intent, accompanied by a copy of its
proposed plans, specifications, and proposed construction schedule no later than
90 days prior to its intended construction start date.
NCWD well site
Page 1 of 4
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3
K The Facility design costs shall be borne entirely by NCWD, including all
costs related to appurtenant structures, containment walls, underground piping,
traffic control plans and proposed construction staging area requests.
C. NCWD shall pay for the cost of the engineering for and construction of
the Facility, appurtenant structures, and any repairs necessary to return Newhall
Park, including but not limited to the parking lot, striping, landscaping,
hardscaping, and structures therein, to the condition they were in prior to the start
of construction of the Facility. This includes any and all third -party permits, fees,
bonds, approvals, or reports that are required.
d. While NCWD is normally exempt from most City permits, NCWD will
apply for City permits for the installation of all above and below ground
structures involved with the Facility, but shall not be charged any fee for issuance
of City permits.
e. The City will endeavor to expedite all reviews for the plans involved with
the Facility and provide a permit within 30 days from submission of application(s)
by NCWD.
4. Approvals
The City shall review and confer with NCWD regarding all staging and schedule
requests, requirements, and issues in order to preserve and protect Newhall Park,
its operations, and patrons to the greatest extent possible. The City will process
all requests for approval within 30 days.
Additional Conditions
The City shall not place any additional conditions on the development of the
Property, including additional offsite improvements beyond those which were
already in place at Newhall Park on the date NCWD delivers the letter of intent to
the City under paragraph 3.a., above, unless mandated by the City's Unified
Development Code (UDC).
6. Maintenance
NCWD shall maintain the Facility in a manner similar to the maintenance of all
other such facilities. The City will maintain the parking lot at Newhall Park and
the Access Easement to the Facility identified in Exhibit "A and B" in a manner
similar to all other City parks.
Facility Repairs and Replacement
NCWD will have the right to provide and perform emergency repairs to the
Facility and all related appurtenances, in order to operate, repair and maintain the
Facilities and/or to provide or restore water service to customers. To the extent
reasonably possible, NCWD will notify the City in advance of performing any
emergency repairs that require equipment staging which may necessitate use of
NCWD well site
Page 2 of 4
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the Access Easement or other areas at Newhall Park on a temporary or interim
basis.
Insurance
NCWD agrees to maintain, in full force and effect, at NCWD expense, the
following insurance coverage from an admitted carrier in the State of California
with a Best Rating of A -VII or higher: (i) Commercial General Liability Insurance
naming City as an Additional Insured, with limits of not less than one million
dollars ($1,000,000) including bodily injury, broad -form property damage and
blanket contractual liability, written on an "occurrence" basis; (ii) Employer's
Liability Insurance with limits of not less than one million dollars ($1,000,000)
per occurrence; (iii) Workers' Compensation Insurance as required by statutory
insurance requirement of the State of California; and (iv) Automobile Liability
Insurance covering all owned, non -owned and hired vehicles with combined
single limit for bodily injury and/or property damage of not less than one million
dollars ($1,000,000). Said insurance shall apply to the Facility and parking lot at
Newhall Park.
9. Indemnification and Hold Harmless
City agrees to indemnify, defend, and hold harmless NCWD, its affiliates,
subsidiaries, authorized representatives, directors, officers, agents, and employees
against all liability for any judgments, awards, expenses, fines, penalties,
attorneys' fees, or other claims for damages in connection with any suit,
complaint, charge, proceeding, or action of any kind alleging a violation of any
statutory or regulatory provision or otherwise arising out of the negligent act or
willful misconduct by City, of its duties and responsibilities under this
Agreement, unless such performance or non-performance occurred at the
direction of or was caused by NCWD. This hold harmless and indemnification
includes, but is not limited to, compensatory damages, regulatory fines and
penalties.
NCWD agrees to indemnify, defend, and hold harmless City, their, affiliates,
subsidiaries, authorized representatives, directors, officers, agents, and employees
against all liability for any judgments, awards, expenses, fines, penalties,
attorneys' fees, or other claims for damages in connection with any suit,
complaint, charge, proceeding, or action of any kind alleging a violation of any
statutory or regulatory provision or otherwise arising out of the negligent act or
willful misconduct by NCWD, of its duties and responsibilities under this
Agreement, unless such performance or non-performance occurred at the
direction of or was caused by City. This hold harmless and indemnification
includes, but is not limited to, compensatory damages, regulatory fines and
penalties.
NCWD well site
Page 3 of 4
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13. Understandine.of the Parties
This represents the entire understandings of the Parties. Any amendments shall
be written and agreed to by both Parties as evidenced by their authorized
signatures.
IN WITNESS THEREOF, the Parties agree to the provisions of this Agreement by
having their authorized agents sign below.
NCWD t CITY OF SANTA CLARI'TA
BY: L - BY:
Signatu Authorized Representative Signature of Authorized Representative
PRINT
NAME iC?AVPi C0LP-
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TITLE--(-�_F_n3�y,t\- MANAGER
DATE 12 1-2..- tot
%VMII( WACILR SA LMSWRALL?AM CRY KLLNC t N RAL PAM WAM
PRINT
NAME_
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TITLE _
IT
NCWD well site
Page 4 of 4
Exhibit "A"
That portion of Lots 14 and 15 of the St. John Subdivision, as per map recorded in Book 196,
Pages 306 through 309, inclusive, of Miscellaneous Records in the Los Angeles County
Recorder's Office, lying within the land granted to the County of Los Angeles in that Deed
recorded December 31, 1945, in Book 22657, Page 30, Official Records in said County
Recorder's Office, in the City of Santa Clarita, County of Los Angeles, State of California,
described as follows:
Beginning at the intersection of the northeasterly line of said Lot 15, also being the southwesterly
right of way of Newhall Avenue, 60 feet wide, as shown on map of Tract No. 5844, recorded in
Book 69, Pages 41 and 42, of Maps, in said County Recorder's Office with the southwesterly
prolongation of the centerline of Fifteenth Street, as shown on said Tract No. 5844, said point
being the southeasterly corner of said Deed recorded in Book 22657, Page 30; thence
S 54°45'00" W, 646.85 feet, along the southeasterly line of said Deed; thence N 35°12'28" W,
26,83 feet, to the True Point of Beginning;
Thence continuing, N 35°12'28" W, 25.00 feet; thence N 54°47'32" E, 50.00 feet; thence
S 35°12'28" E, 25.00 feet; thence S 54°47'32" W, 50.00 feet, to the True Point of Beginning.
J.N. 5222 / Well Site
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Property Easement
Access Easement
GRAPHIC SCALE
0 40 80 160
( IN FEET )
1 inch = 80 ft.
23755 5!N FERNA ROAD, NEMNALL, G 91]21 (551) 139-1929
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EASEMENT MAP -WELL
NEWHALL COUNTY WATER DISTRICT
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