13-0806_CHEVRON U.S.A. INC_Reinstatement & Second AmdREINSTATEMENT & SECOND AMENDMENT
TO SITE ACCESS AGREEMENT
Station No.: 9-3417
THIS REINSTATEMENT & SECOND AMENDMENT TO SITE ACCESS AGREEMENT
("Second Amendment") between the CITY OF SAN JUAN CAPIST~NO ("City") and CHEVRON
U.S.A. INC. ("Chevron") is made and entered into, to be effective theLChday of August, 2013, as follows:
WHEREAS, the City and Chevron have entered into a Site Access Agreement dated April 8,
2008, as amended on April 8, 2009 (collectively, the "Agreement"); and
WHEREAS, the City and Chevron desire to amend the terms of the Agreement to extend its term
as provided for herein.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein,
the City and Chevron agree to extend the term ofthe Agreement to terminate on April 8, 2015.
All other provisions of the Agreement not amended hereunder shall remain in full force and effect.
CHEVRON U.S.A. INC.
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(9-34 1 7 _Second Amendment to Site Access Agreement_ City of San Juan Capistrano _20 1 2.doc) 07-23-2013
TO:
FROM:
DATE:
SUBJECT:
08/06/2013
Supplemen~}lll
City of San Juan Capistrano
Supplementa t~da Report
Karen P. Brust, City~ c "V_j
Keith Van Der Maaten, blic Works and Utilities Dire~~
Prepared by: Justin Kirk, Senior Management Analyst
August6,2013 ·
Consideration of Reinstatement and a Second Amendment to the Site
Access Agreement Between Chevron U.S.A. and the City of San Juan
Capistrano (Chevron U.S.A.)
RECOMMENDATION:
By motion, approve the Reinstatement and Second Amendment to the Site Access
Agreement between Chevron U.S.A. and the City of San Juan Capistrano.
SITUATION:
At the time of the posting of the August 6, 2013, City Council Agenda, the Utilities
Commission had not taken action on a recommendation to the City Council. At its
August 6, 2013, meeting the Utilities Commission took action to recommend that the
City Council approve the Reinstatement and Second Amendment to the Site Access
Agreement between Chevron U.S.A. and the City of San Juan Capistrano.
TO:
FROM:
DATE:
SUBJECT:
City of San Juan apistrano
Age n lttr+--EiX~ .o rt
Karen P. Brust, City~
8/6/2013
C11
Keith VanDer Maaten, Pu lie Works and Utilities Dir~r:{('/1/J/4
Prepared by Justin Kirk, Senior Management Analyst :_-;)~//(__
August 6, 2013
Consideration of Reinstatement and a Second Amendment to the Site
Access Agreement Between Chevron U.S.A. and the City of San Juan
Capistrano (Chevron U.S.A.)
RECOMMENDATION:
By motion, approve the Reinstatement and Second Amendment to the Site Access
Agreement between Chevron U.S.A. and the City of San Juan Capistrano.
EXECUTIVE SUMMARY:
Chevron is requesting that the City extend the terms of an expired Site Access
Agreement until April 8, 2015, through the City's approval of a Reinstatement and
Second Amendment to the Site Access Agreement (Attachment 1 ). Other than
extending the term of the Site Access Agreement, all other provisions of the Agreement
remain the same.
DISCUSSION/ANALYSIS:
Chevron owned a retail service station at 32001 Camino Capistrano, commonly referred
to as Service Station No. 9-3417. On April 8, 2008, Chevron was granted permission by
the City through a Site Access Agreement (Attachment 2) to access City property to
conduct necessary environmental assessment and monitoring activities with respect to
petroleum hydrocarbon contamination originating from the operation of Service Station
No. 9-3417. Chevron has five monitoring wells that are located on the City Hall property
that provide data to complete the environmental assessments and monitoring activities
(Attachment 3).
On April 9, 2009, the City extended the terms of the Site Access Agreement through
April 8, 2012, through the First Amendment to the Site Access Agreement (Attachment
4).
FISCAL IMPACT:
Not applicable.
City Council Agenda Report
August 6, 2013
Page 2 of 2
ENVIRONMENTAL IMPACT:
Not applicable.
PRIOR CITY COUNCIL REVIEW:
Not applicable.
COMMISSION/COMMITTEE/BOARD REVIEW AND RECOMMENDATIONS:
• This item will be reviewed at the August 6, 2013, Utilities Commission. Staff will
provide a Supplemental Agenda Report to update the City Council of its action.
NOTIFICATION:
Not applicable.
ATTACHMENTS:
Attachment 1 -Reinstatement and Second Amendment to Site Access Agreement
Attachment 2 -Site Access Agreement
Attachment 3 -Map of Chevron Monitoring Wells
Attachment 4 -First Amendment to Site Access Agreement
Station No.: 9-3417
REINSTATEMENT & SECOND AMENDMENT
TO SITE ACCESS AGREEMENT
THIS REINSTATEMENT & SECOND AMENDMENT TO SITE ACCESS AGREEMENT
("Second Amendment") between the CITY OF SAN JUAN CAPISTRANO ("City'') and CHEVRON
U.S .A. INC. ("Chevron") is made and entered into, to be effective the_ day of August, 2013, as follows:
WHEREAS, the City and Chevron have entered into a Site Access Agreement dated April 8,
2008, as amended on April 8, 2009 (collectively, the "Agreement"); and
WHEREAS, the City and Chevron desire to amend the terms of the Agreement to extend its term
as provided for herein.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein,
the City and Chevron agree to extend the term of the Agreement to terminate on April 8, 2015.
All other provisions of the Agreement not amended hereunder shall remain in full force and effect.
ATTEST:
By: ____________ _
City Clerk
APPROVED AS TO FORM:
By:
- 1 -
CITY OF SAN JUAN CAPISTRANO
By: __ ~~~~~-----------
John Taylor, Mayor
CHEVRON U.S.A. INC.
By: ----------------------------
Its:--------------------
(9-3417_Second AmendmenlloSite Access Agreemen/_City of San Juan Capistrano_2012.doc) 07-23-2011
Attachment 1
Station No.: 9~3417
SITE ACCESS AGREEMENT
.. THIS SITE ACCESS AGREEMENT ("Agreement") is entered into and effective this
~day of {lpt!l L , 2008 ("Effective Date"), by and between CHEVRON U.S.A.
INC., a Pennsylvania corporation ("Chevron") and CITY OF SAN JUAN CAPISTRANO
("Owner").
RECITALS
A. Owner holds record title to certain real property located at 32400 Paseo Adelanto, in
the City of San Juan Capistrano, County of Orange, State of California, APN # 668-101-03 (the
"Property");
B. Chevron owns a retail service station at 32001 Camino Capistrano, commonly
referred to as Chevron CORO Service Station No. 9-3417(the "Station Property");
C. Chevron seeks Owner's authorization to access the Property to conduct any
necessary environmental assessment and monitoring activities with respect to possible petroleum
hydrocarbon contamination that may be present on or under the Property from the operation of
retail service station facilities owned by Chevron on the Station Property; and
D. Own!;!r is willing to grant Chevron access to the Property for the above~described
purposes.
TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and promises herein,
the parties hereby agree as follows:
I. RIGHTS GRANTED
a. Owner hereby grants to Chevron, its employees, authorized agents, consultants
and contractors a Hcense over, under and across the Property for the purpose of performing
environmental assessment and monitoring activities (the "Work"). Said Work may include
drilling soil borings, soil and groundwater sampling, and the installation, maintenance,
inspection, periodic sampling, replacement, and abandonment of groundwater monitoring wells,
including Chevron's monitoring well (MW-16) currently located on the Property, as depicted on
Exhibit "A" attached hereto and incorporated herein, which was installed under Encroachment
Permit No. EOS-0004. A copy of the permit is attached hereto as Exhibit "B". Notwithstanding
the Agreement, the Encroachment Permit, and its conditions, remain effective, provided that
should there be a conflict between the Agreement and the Encroachment Permit, the terms of the
Agreement shall prevail. In the event the Work includes drilling additional borings or installing
groundwater monitoring wells on the Property, the parties shall work together to determine the
appropriate location for said borings or wells.
- 1 -
N72452929.8
Attachment 2
Station No.: 9-3417
b. Chevron may enter the Property during regular business hours. Chevron may also
enter during other non-regular business hours with Owner's written consent, which shall not be
unreasonably withheld.
c. Chevron, its employees, agents, consultants, and contractors shall enter the
Property at their own risk, and Owner shall not be held responsible or liable for injury, damage or
loss incurred by such persons arising out of or in connection with the Work, except to the extent
that any injury is due to the acts or omissions of Owner, its employees, or agents.
2. PERFORMANCE OF THE WORK
Chevron agrees, at its sole cost and expense, to conduct and perform all its activities on
the Property in a prompt, safe, efficient and workmanlike manner and in full and complete
compliance with all applicable federal, state or local laws, regulations or ordinances. Chevron
will take commercially reasonable efforts not to unreasonably interfere with operations of Owner
or its tenant(s) on the Property. Owner shall have the right to observe the Work. Owner,
however, agrees not to unreasonably interfere with the activities conducted by Chevron on the
Property. Further, the parties agree to cooperate and execute any additional documents or permit
applications which may reasonably be required to effectuate the purpose of this Agreement.
3. TERM
The license granted herein shall terminate upon the earlier of one ( 1) year or the
completion of the Work, including the abandonment of any monitoring wells on the Property,
unless extended by written consent of the parties. In the event of a material breach of the
Agreement by Chevron, Owner shall provide a thirty (30) day notice specifying the nature of the
default. However, if the default would reasonably take longer than thirty (30) days to correct,
the cure period shall be reasonably extended if Chevron commences the cure within such thirty
(30) day period and diligently prosecutes the same to completion. Should Chevron not timely
cure the material default, then Owner shall have the right to declare the license terminated, in
which event Chevron shall cease the Work, properly abandon the wells, and remove its property
from the Property within thirty (30) days. Owner acknowledges, however, that the abandonment
of the weiis and the removal of certain property may be subject to agency requirements and
approval, which may affect the timing of such removal.
4. RESTORATION
If entry onto the Property by Chevron, or exercise by Chevron of any of its rights or
obligations under this Agreement, result in any physical damage to the Property (ordinary wear and
tear excepted), Chevron shall promptly repair and restore the portions of the Property damaged to
substantially the same condition as existed prior to the damage or exercise of such right or
obligation.
5. INDEMNITY
To the fullest extent permitted by law, Chevron agrees to protect, defend, and hold
harmless the Owner and its officers, agents, and employees from any and all claims, actions,
causes of action, rights, demands, debts, obligations, damages, liabilities or losses of any kind,
including attorney's fees, arising out of, or in any way connected to or associated with, any acts,
-2 -
N72452929.8
Station No.: 9~3417
errors, negligent omissions, or intentional wrongful conduct of Chevron, its agents, officers,
employees, subcontractors, or independent contractors in performing the Work, or directly
resulting from the Work, including, without limit, damage to any real or personal property, or
injury to or death of any persons in connection therewith.
Chevron shall undertake all activities conducted hereunder at its sole cost and expense.
6. RELEASE
Owner shall release and discharge Chevron, its officers, directors, employees, agents, and
representatives from any and all claims, actions, causes of action, rights, demands, debts,
obligations, damages, liabilities or losses, including attorney's fees, from which Chevron agrees
to indemnify the Owner pursuant to Section 5 of this Agreement.
7. INSURANCE
In lieu of insurance coverage, Chevron maintains a self-administered claims program with
respect to its duties hereunder. Chevron shall provide to Owner a certificate that Chevron is self-
insured. Additionally, prior to entering onto the Property or continuing any Work, Chevron's
contractors, at their own cost and expense, shall carry, maintain, and provide proof thereof that is
acceptable to the Owner, the insurance specified below with insurers and under forms of
insurance satisfactory in all respects to the Owner. Chevron and its contractors shall not allow
any subcontractor to commence work on any subcontract until all insurance required of the
contractor has also been obtained for the subcontractor. Insurance required herein shall be
provided by insurers authorized to do business and in good standing with the State of California
and having a minimum Best's Guide Rating of A-Class VII or better.
(a) Comprehensive General Liability coverage in an amount not less than one million
dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated
with the Work. If a Commercial General Liability Insurance form or other form with a
general aggregate limit is used, either the general aggregate limit shall apply separately to the
Work or the general aggregate limit shall be at least twice the required occurrence limit.
(b) Comprehensive Automobile Liability coverage, incJuding owned, hired and non~
owned vehicles in an amount not less than one million dollars per occurrence
($1 ,000,000.00).
(c) Worker's Compensation Employer's Liability Insurance in the statutory amount as
required by California law.
(d) Proof of Insurance Requirements/Endorsement. The contractor shall submit the
insurance certificates, including the deductible or self-retention amount, and an additional
insured endorsement naming Owner, its officers, employees, and agents, as additional
insureds as respects each of the following: Liability arising out of activities performed by or
on behalf of the contractor, including the insured's general supervision of the contractor;
products and completed operations of the contractor; or automobiles owned, leased, hired, or
borrowed by the contractor. The coverage shall contain no special limitations on the scope of
protection afforded Owner, its officers, employees, or agents.
-3 -
N72452929.8
Station No.: 9-3417
(e) Notice of Cancellation/Termination of Insurance. The above policy/policies shall
not terminate, nor shall they be cancelled, nor the coverages reduced, until after thirty (30)
days' written notice is given to Owner, except that ten (10) days' notice shall be given if there
is a cancellation due to failure to pay a premium.
8. LIENS
Chevron shall discharge at once or bond or otherwise secure against all liens and
attachments that are filed in connection with the Work, and shall indemnify and save Owner and
the Property harmless from and against any and all loss, damage, injury, liability and claims
thereof resulting directly from such liens and attachments.
9. NOTICES
Any notices required to be made under this Agreement shall be made in writing to the
address of the appropriate party as set forth below. All such notices shall be deemed to have
been duly given and received upon mailing, facsimile, or delivery by courier or personal delivery
service. If a party delivers a notice by means of facsimile transmission, it must also send a copy
of that notice by one of the other means specified above. Parties may alter or modify their notice
address by delivery of written notice pursuant to the tenns ofthis Agreement.
To Chevron:
To Owner:
10. REPORTS
c/o Chevron Environmental Management Company
Marketing Business Unit
145 S. State College Blvd.
Brea, CA 92821-5818
Attn.: Property Specialist, SS # 9-3417
Phone: (714) 671-3262
Fax: (714) 671-3440
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: Cindy Russell
Phone: (949) 443-6301
Fax: (949) 488-3874
Upon Owner's written request, Chevron shall provide Owner with copies of its test results
from sampling within seven (7) days after receipt of same.
11. APPLICABLE LAW
This Agreement shall be interpreted, and any dispute arising hereunder shall be resolved,
in accordance with the substantive laws of the State of California, without reference to choice of
Jaw rules.
- 4 -
N72452929.8
Station No.: 9-3417
12. ALTERNATIVE DISPUTE RESOLUTION (ADR)
If a dispute arises between the parties relating to this Agreement, the parties agree to use the
following procedure prior to pursuing other legal remedies:
(a) A meeting shall be held promptly between the parties, attended by individuals with
decision-making authority regarding the dispute, who will attempt in good faith to negotiate
a resolution of the dispute.
(b) If within fifteen ( 15) days after the meeting, the parties have not succeeded in
negotiating a resolution of the dispute, they agree to submit the dispute to mediation using a
mediator who is mutually acceptable, and to bear equally the costs of the mediation.
(c) The parties agree to participate in good faith in the mediation process related to their
dispute for a period of thirty (30) days from the commencement of mediation. If the parties
are not successful in resolving the dispute through mediation, then:
( 1) the parties may agree to submit the matter to binding arbitration or a private
adjudicator; or
(2) either party may initiate litigation upon ten ( 1 0) days advance written notice
to the other party.
13. COUNTERPARTS
This Agreement may be executed in counterparts, all of which together shall constitute one
and the same agreement.
14. NO ADMISSION OF LIABILITY
The parties acknowledge and agree that neither this Agreement, nor the act of entering
into it or any act or omission pursuant hereto shall be construed as an admission of any nature.
15. NO WAIVER BY OWNER
Nothing contained in this Agreement shall be construed in any manner to be a waiver by
Owner of any claim they may have against Chevron relating to the condition ofthe Property.
16. COMPLIANCE WITH LAWS
Throughout the term of this Agreement, Chevron and Owner shall at all times comply
fully with all applicable laws, ordinances, rules, and regulations of any governmental agency
having jurisdiction over the Property.
17. BINDING EFFECT
Subject to the limitations set forth herein, this Agreement shall run with the land and be
binding upon and inure to the benefit of the parties hereto and their respective heirs, successors
and assigns.
-5-
A/72452929.8
Station No.: 9-3417
18. ATTORNEY'S FEES
If any action at law or in equity is necessary to enforce or interpret the terms of this
Agreement, the substantially prevailing pa11y, as determined by a court of competent jurisdiction,
shall be entitled to reasonable attorneys' fees, costs, and necessary disbursements in addition to
any other relief to which a court of competent jurisdiction deems it is entitled.
19. GENERAL PROVISIONS
If any term or provision of this Agreement shall be deemed by a court of competent
jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force
and effect. This Agreement contains the entire agreement between the parties and except for the
Encroachment Permit, supersedes all prior agreements. This Agreement may be modified only
by an instrument in writing signed by the parties. Nothing contained herein shall be deemed to
make the parties partners or engaged in a joint venture with one another.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
Effective Date set forth above.
CHEVRON:
Dated: 4/~ '2008
OWNER:
Dated: __ 1-J_-t--,-,.....,/ s=+l __ , 2008 r1
A/72452929_8
-6 -
CHEVRON U.S.A. INC.,
a Penns lvania corporation
By:-4!4.LLJ41.~toa....~~...--,~~~-~'--
Na is
Its:---':........::..~"'-'-"~~6L-""'~~-=-¥----
CITY OF SAN JUAN CAPISTRANO e I /), -, /, •• ; By:(ictlf-J ~-U/Y'L}.A__
Name: r.;~-'fcl(_..r -£;sse I I
Its: ~~=;= {'t 1'-184106 E/-\
N72452929.8
EXHIBIT "A"
Site Plan
!BEGINS ON FOLLOWING PAGEl
-7-
Station No.: 9-3417
~ .. -.;·~ ..... LEGEND t!·l• SOtl BORltiGLOC ... TION '"'= "'~'~·'· SOIL !lORING LOCAlfON (CAA 2007) MONITOAING weLL LOCATION MUNICJ~Al WEt.lLOCA TION ABA~OONEO MONJTORtNG WEll I.OCA.TION @ P~OPOSEDCPT80~NGLOCATJOOI SllllO!NG PRoPERTY BOUNDARY RAIL~D St-<OREl.INe ~ 60082·2007{PR~S003}GN·WA002 FS8 1YIOJ8 0 100 :zOOfl !-W I e SITE PLAN CHEVRON SERVICE STATJON 9-3417 32001 CAMINO CAPISTRANO San Juan capistrano, California m X ::r c: ;::;: >
N72452929.8
EXHIBIT "B"
Encroachment Permit No. E08-0004
(BEGINS ON FOLLOWING PAGE)
-8-
Station No.: 9-3417
Exhibit B
CITY OF SAN JUAN CAPISTRANO
32400 Paseo Ad!anto, san Juan Capistrano, CA 92675
Pn: (949) 493·1171 Fax: (949) 493-1053
PERMIT NO: EOB-0004
ISSUED: 1/15/2008
ENCROACHMENT PERMIT : EXPIRATION: 2/16/2009
City Website: www.sanjuancapistrano.org
Location of Work: CITY YARD BACK OF CITY HALL
Applicant: CONESTOGA-ROVERS AND A§SQC.
Contact Name: DEREK WILKEN
Contractor:
Contr. Address:
.....
24-HR. Phone No: 949 279·9972
Applicant Address; 4 JENNER
IRVINE.CA 92618
Phone:_
License No:.
City Business Lie No:_
Refund To: CONESTOGA-ROVERS AND ASSOC.
Refund Address: 4 JENNER
TYPE OF WORK REQUIRED SUBMITTALS: 1B1 Approved C Traffic Control II Insurance C Deposit/Bond
C Excavation [J CaiOSHA C Caltrans C Archaeologfc Monllor [I Other:
CHauiRoute WORK IS SCHEDULED TO BEGIN: ESTIMATED COMPLETION DATE:
·c Sewer/Water DESCRIPTION:
C Curb/Gutter INSTALL MONITOR WELLS (4 SITES WITHIN 5 FEET OF EACH O"(HER) AS SHOWN ON ATTACHED PLAN. WELL SITES SHALL
1:1 Paving BE ABANDONED, UNDER A NEW ENCROACHMENT PERMIT, WHEN MONITORING IS COMPLETE. CONTRACTOR SHAU
PROVIDE AND SET UP TRAFFIC CONTROL , CONTRACTOR SHALL PROVIDE A TRAFFIC CONTROL PLAN FOR THE CH
C UUllty PARKING LOT. THIS PLAN IS TO BE APPROVED BY CITY TRAFFIC ENGINEER BEFORE WORK STARTS.
cother
INSTALLMO
CONDITIONS OF THIS PERMIT INSPECTION
1. Permittee shall comply wlth all approved plans, attachments, and conditions. Contact the City Inspectors 24 hrs before
working unless noted elsewhere. 2. Lane closures·8:30 am to 3:30pm. Two-way traffic maintained at all times.
3. This permit Is Issued in accordance with the SJC Municipal Code 7-3.02 and 7·6.02.
4. Code violations are enforced In accordance with Municipal Code 1·2.03 (b).7
fi1 Engineering Inspector I James Prather
949-443·6354
5. The applicant hereby agrees to comply with all applicable City ordinances and regulations. C Water Services Inspector I Mike Smilh
6. Any Property damage as·a result of I his work shall be the responsibility of the permittee.
7. This permit must be on the job site and available to City representatives at all times.
8. Deposits shall expire one year from date of permit issuance, unless request for extension
Is submitted 30 days prior lo expiration.
I hereby agree to Indemnify the City, its authorized representatives agents, and
employees· to hold harmless from any and all liability for accidents; legaf action and
from any loss or damage to parsons or property which would result from any work
undertaken as listed on this permit application. I have read and fully understand the
provisions and conditions shown on this permit and/or attached herewith.
~~ ~ a~,K v,·1~r ...
Signature of Permllte: '~ A • _ , • • • __,--Print Name
Approved: '-"""~ .._.,.___~
Englneorlng and Building Dept,
949-487-4311
liJ DIGALERT
This permit Is not valid without a USA
Underground Service Alert) 10 Number.
For Information call Hl00-227-2600
USA 1.0. NO.:
PERMIT FEES
CJ FeeWallffld:
PERMIT FEE: $ 236.47
BO~DIOEPOSIT $500.00
TOTAL. FEE: $736.47
DEPOSIT I Dale:
[J ·Released C Forfeited
Payment rscleved ~~O..l""-"
:;ERTIFICATE OF INSPECTION: I certify that the work allowed by this permit for work in the public right of way has been
~onstructed according to the specifications and plans and r hereby a(fcept the work in this matter.
Inspector:-----Date:
;JC RNOPERMIT
~.
RESIDENTIAL
RESIDENTIAL
• PRODUCTION WELL
C> ABANDONED GROUNDWATER I;'ONITOAING WELL
S GROUNDWATER MONITORING WELL
COMMERCIAL
LOS RIOS
STREET
COMMERCIAL Z
L_ ____________________ /~~
CHEVRON SERVICE
STATIONI9-3-417
AMW-OTe
CMW-11 .
COMMERCIAL
~~
(.)0.
('\
0
~
COMMERCIAL
r\ COMMERC'AL ~~
AVENIDA
GOLONDRINA
5
c~
!;;
a: RESIDENTIAL
COMMERCIAL
D
D
MW-TJC
MW-13B.MW-13A
COMMERCIAL
"' (.)
0 z
~
~~
"' ~ g
"' " z C I lJ~;s· oo LJL_l
RESIDENTIAL ~
COMMERC~L D D D
DD D
D [~ [] '"'"~
MW-T7C-MW-170
DESCANSO
VETERANS PARK
COMMERCIAL AVENIDA PADRE
v~<c¢' ""' / ·"' /
I;;J
CREEl( ROAD / SAN DIEGO
r------_ -· ·-/ FREEWAY/
.-----; INTERSTATE 5 /
I VACANT LOT
/
HEVRON ENVIRONMENTAL MANAG
FIGURE 2 • PLOT PLAN
SERVICE STATION #9·3417
32001 CAMINO CAPISTRANO
SAN JUAN CAPISTRANO, CALIFORNIA
RESIDENTIAL
RESIDENTIAL
COMMERCIAL
SOURCE CONESTOGA-ROVERS & ASSOCIATES INC SITE PLAN HOLGUIN, FAHAN & ASSOCIATES, INC.
REVISION DATE MAY 6. 2011: ANG
Attachment 3
FIRST AMENDMENT TO
SITE ACCESS AGREEMENT
Station No.: 9-3417
THIS FIRST AMENDMENT TO THE SITE ACCESS AGREEMENT between the
CITY OF SAN JUAN CAPISTRANO ("City") and CHEVRON U.S.A. INC. ("Chevron") is
made and entered into, to be effective the 8th day of April, 2009, as follows:
WHEREAS, the City and Chevron have entered into a Site Access Agreement dated
April 8, 2008 (the "Agreement"); and
WHEREAS, the City and Chevron desire to amend the terms of the Agreement to extend
its term as provided for herein.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained
therein, the City and Chevron agree to extend the term of the Agreement to terminate on April 8,
2012.
All other provisions of the Agreement not amended hereunder shall remain in full force
and effect.
CITY OF SAN JUAN CAPISTRANO
ATTEST:.
CHEVRON U.S.A. INC.
A/73488263 I
Attachment 4
CITY OF SAN JUAN CAPISTRANO
DOCUMENT TRANSMITTAL FORM
This form is for the transmittal of documents for signature.
(e.g. Agreements, Contracts, Deeds, Easements)
Date: OB/21/2013 Agenda Item No. (if Applicable): ____ _
City Council, SJCHA or SACRA Meeting Date (ifapplicable): ------------------
Brief description of document and/or services provided: Reinstatement & Second Amendment to SHe Access Agreement with Chevron
Submitting Department: _Ut_il_ttie_s ______ _ Staff Contact: Justin Kirk!Ketth Van Der Maaten
Please sign each original of the attached document, where indicated and circulate in the below route order as applicable
(Please note the procurement limitations below). When the document is fully executed, the City Clerk will provide a signed
copy to the submitting department and to the Financial Services Department (when applicable), and will mail a signed
original to the contractor/consultant.
Step 1 0 Purchasing-For Procurement Contracts/Agreements (if applicable)
c:J $3,000 or less-(Department Head's Authority-No Purchase Order Required-STOP-further routing not necessary)
c:J $3,00 I -$10,000-(Department Head's Authoril})
c::J $10,001 -$45,000-(City Manager's Authority)
c::J $45,00 I or over-(City Council Approm/ Required*) *Date of Council Approval: or Resolution. No .. ____ _
D Public Contracts $45,000 or less-(City Manager's Authority Required)
c:J Public Contracts over $45,000-(City Council's Authority Required*) *Date of Council Approval: ______ or
Resolution. No
Step 2 Ill Department Head
C2J Approved
D Not Approved
D Not Applicable
Director's Initials/Date
Step 3 Ill City Attorney
C2J Approved
D Not Approved
0 Not Applicable
City Attorney's Initials/Date _____ _
Step 4 0 Finance
D Funding A vail able
D No Funding Available
D Budget Amendment Required
Notes: ___________ _
Finance Initials/Date
Step 5 0 City Manager
0Approved
0Denied
City Manager's Initial's/Date: ____ _
Step 6 0 Insurance Requirements (if applicable) *Mark the requirements included in the attached document.
0 Commercial/General Liability
D Auto Liability
D Professional/Errors and Omissions
D Additional Insured Endorsement
0 Worker's Compensation
D Public Works Contracts-Labor/Material & Performance Bonds
[8] Not Applicable
Step 7 Ill City Clerk (For Final Routing)
Please provide theft llowing and return to the City Clerk's Office:
Page 1 of2
1. Contractor/Consultant Name: _c_h_e_v_ro_n ___________________ _
2. Business License*: DYes [jJ No License Number: ___ __.Date of Expiration. ___ _
*If work is performed in the City, a Business License is required.
3. Contract Amount: $_N_IA ______ _
4. Budget Account Number: _N_IA ___________ _
5. City Services and Facilities to be provided (If Applicable):
6.
7.
8.
9.
I 0.
II.
12.
N/A
Is this a standard City contract?
Chevron's Agreement
DYes
Are two original contracts submitted? [jJ Yes
[jJ No If no, explain:
D No If no, explain:
Contract Date: 08121113
-----------Expiration Date: -------
Insurance Certificate (if applicable) attached: D Yes
N/A
Purchase (if applicable) Requisition attached: D Yes
N/A
D No If no, explain:
D No If no, explain:
Bid Recap (if applicable) attached: DYes D No If no, explain:
N/A
W -9 Form (if applicable) attached: DYes D No If no, explain:
N/A
13. New Vendor Application Form (if applicable) attached: DYes D No If no, explain:
N/A
14. Does this document need to be recorded? [jJ Yes D No If Yes, please provide only one
original copy.
The Financial Services Department will issue a Purchase Order (PO) to the submitting department, once all of the
information on this Contract Transmittal Form has been received by finance through the City Clerk's Office.
Page 2 of2
Christy Jakl
From: Christy Jakl
Sent:
To:
Monday, October 14, 2013 9:14AM
Justin Kirk
Cc: Keith Van Der Maaten; Maria Morris
Subject: RE: Chevron Reinstatement and Second Amendment
Hi Justin,
This is my second request to get the address for where I need to send this agreement. Please let me
know as soon as possible.
Thanks!
Christ~ Jakl, CMC
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 I (949) 493-1053 fax
Please share your experience with the City by taking our Survev.
From: Christy Jakl
Sent: Tuesday, September 10, 2013 2:24 PM
To: Justin Kirk
Cc: Keith Van Der Maaten
Subject: Chevron Reinstatement and Second Amendment
Hi Justin,
Please provide an address to send an original Chevron Reinstatement and Second Amendment.
Thank you!
ChrisN Jakt, CMC
Deputy City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
(949) 443-6310 1 (949) 493-1053 fax
Please share your experience with the City by taking our Survev.
1
32400 PASEO ADELANTO MEMBERS OF THE CITY COUNCIL
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAX
www.sanjuancapistrano.org
TRANSMITTAL
TO:
C/0 Chevron Environmental Management Company
Marketing Business Unit
145 S. State College Blvd.
Brea, CA 92821-5818
DATE: October 18, 2013
FROM: Manny Ruelas, Office Assistant (949) 443-6308
RE: Reinstatement and 2nd Amendment-Site Access Agreement.
SAMALLEVATO
ROY l. BYRNES, M.D.
LARRY KRAMER
DEREK REEVE
JOHN TAYLOR
Thank you for providing documentation confirming compliance with the terms of the agreement
related to insurance.
Please keep in mind this documentation must remain current with our office during the term of
the agreement. If you have questions related to insurance requirements, please call Manny
Ruelas, Office Assistant at (949) 443-6308.
If you have questions concerning the agreement, please contact Justin Kirk, Senior
Management Analyst at (949) 443-6381.
Enclosed is an Original Amendment for your records.
Cc: Justin Kirk, Senior Management Analyst
---San Juan Capistrano: Preserving the Past tOEnhance the Future
" \.,.) Pnnted on 100% recycled pap1:!r