No Name (388)SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO CA 92675
ENTRY PERMIT
ISSUED TO: Chevron Environmental Management Co.
Retail and Terminal Business Unit
145 S. State College Boulevard
Brea, CA 92821-5818
ATTENTION: Environmental Property Specialist, SS# 21-1304
Permission is hereby given to you (hereinafter referred to as "Permittee') by San Juan
Capistrano Community Redevelopment Agency ("Agency') to enter upon the property
(the "Property"), subject to the following conditions:
AREA. This Entry Permit ("Permit") is limited to 31782 Camino Real, APN 124-
160-27, San Juan Capistrano, CA, and as depicted in Exhibit A.
2. PURPOSE. The permission to enter issued hereunder is nonexclusive and is
limited to the purposes of conducting environmental assessment and monitoring.
Permittee may install sample, maintain, replace and abandon one (1)
groundwater monitoring well at the location as defined on Exhibit A.
3. OPERATIVE HOURS. This Permit is limited to regular construction hours as
further described in Exhibit "B".
4. NUMBER OF PERSONS. This permit is limited to a maximum of five (5)
persons.
5. TERM AND TERMINATION; SUSPENSION. This Permit may be terminated at
any time without cause by Agency or this authorized representative by notice to
Permittee's Representatives (as defined in Section 7) on the Property pursuant to
this permit or by notice to Permittee at the above address. The notice of
termination need not be in writing. In addition, Agency or its authorized
representative may suspend some or all of Permittee's activities on the Property
until Permittee has cured any breach hereunder.
6. NO DUTY TO WARN. Agency has no duty to inspect the Property. Permittee
has inspected or will inspect the Property and hereby accepts the condition of the
Property "As is." Permittee acknowledges that neither Permittee nor any
employee, agent or representative of Permittee has made representations or
warranties concerning the condition of the Property. All persons entering the
Property under this permit do so at their own risk.
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7. RIGHTS AND RESPONSIBILITIES. Permittee's rights and responsibilities under
this Permit are and shall be subject to, and Permittee shall comply with and
cause its employees, officers, consultants, agents, representatives and anyone
entering under this Permit (collectively "Permittee's Representatives') to comply
with the following:
a) Notice Prior to Entry. Permittee shall provide Agency a minimum of seven
(7) days notice prior to entering the Property to ensure activities of the
Permittee are not in conflict with other scheduled events.
b) Agent of Permittee. Each person entering upon the Property shall be
considered at all times to be acting as an agent of Permittee.
c) Compliance with Standard Entry Conditions. Each person entering upon
the Property under this Permit shall comply with the Standard Entry
Conditions specified on Exhibit `B".
d) Damage to Property. Permittee shall be liable for and shall pay to Agency
the cost of any damage of any kind whatsoever to fences, gates, trees and
any other property of Agency, including loss of use thereof, arising from or in
any way related to (1) the acts or omissions of Permittee or Permittee's
Representatives, or (2) any breach by Permittee of any of its obligations
under this Permit, except for the portion, if any, of any of the foregoing which
are held to have been caused by the negligence or willful misconduct of
Agency. Neither Permittee nor any of Permittee's Representatives shall
remove any property of any type from the Property without the express prior
written consent of Agency.
e) Indemnification. Permittee agrees to protect, defend and hold harmless
Agency, its elected and appointed officials and employees from any and all
claims, liabilities, expenses or damages of any nature for injury or death of
any person or damage to property or interference with use of property and for
errors and omissions committed by Permittee arising out of or in connection
with the work, operation or activities of Permittee, its agents, employees and
subcontractors in carrying out its obligations under this Permit.
f) Insurance. Insurance required herein shall be provided by Admitted Insurers
in good standing with the State of California and having a minimum Best's
Guide Rating of A- Class VII or better.
i) Comprehensive General Liability. Throughout the term of this
Permit, Permittee shall maintain in full force and effect
Comprehensive General Liability coverage in the following
minimum amounts:
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$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not
limited to contractual period.
ii) Comprehensive Automobile Liability. Throughout the term of
this Permit, Permittee shall maintain in full force and effect
Comprehensive Automobile Liability coverage, including owned,
hired and non -owned vehicles in the following minimum amounts:
$500,000 property damage;
$500,000 injury to one person/any one occurrence/not limited to
contractual period;
$1,000,000 injury to more than one person/any one occurrence/not
limited to contractual period
iii) Worker's Compensation. Permittee shall obtain and maintain,
during the term of this Permit, Worker's Compensation Employers
Liability Insurance in the statutory amount as required by state law.
iv) Proof of Insurance Requirements/Endorsement. Prior to
beginning any work under this Permit, Permittee shall submit the
insurance certificates, including the deductible or self -retention
amount, and an additional insured endorsement to the Permittee's
general liability and umbrella liability policies using ISO form CG 20
10 11 85 (in no event with an edition date later than 1990) to the
Agency's General Counsel for certification that the insurance
requirements of this Permit have been satisfied.
V) Notice of Cancellation/Termination of Insurance. The above
policy/policies shall not terminate, nor shall they be canceled, nor
the coverages reduced, until after thirty (30) days written notice is
given to Agency, except that ten (10) days' notice shall be given if
there is a cancellation due to failure to pay a premium.
vi) Duty to Disclose. Permittee shall give Agency immediate notice
of:
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(1) Any violation or potential violation of any applicable
governmental laws or regulations or other requirement of this
Permit.
(2) The discovery of any underground storage tanks, petroleum
pipelines, abandoned or discarded hazardous materials or
hazardous substances, historic contamination or other
potential environmental hazard discovered on the Property
not previously disclosed to Permittee by Agency.
vii) Self -Retained Insurance. In lieu of insurance coverage, Permittee
maintains a self-administered claims program with respect to its
duties hereunder. Permittee has met the insurance requirements of
this Section 7 by providing Agency with the statement of self-
insurance attached as Exhibit "C" to the agreement.
8. ENTRY FEE. There shall be no entry fee charged to Permittee for the use of the
Property during the term of the Permit.
9. REPORTS. Permittee shall promptly provide Agency with copies of all data,
logs, final reports, laboratory test results and any and all other documents
submitted to any governmental or resource agency with jurisdiction regarding any
work performed on the Property.
9. ASSIGNMENT. Permittee's rights under this Permit shall not be assigned
(except to an affiliate or subsidiary of Permittee, including subsidiaries or
affiliates of ChevronTexaco Corporation), nor shall Permittee have the right to
sublicense any part of the Property, without the written consent of Agency.
10. ATTORNEY'S FEES. In the event of any legal action to enforce the rights or
remedies of either party to this Permit, the prevailing party, as confirmed by a
court of competent jurisdiction, shall be entitled to recover its costs and expenses
(including attorney's fees) of such action.
11. AUTHORIZATION TO SIGN. The person executing this Permit on behalf of
Permittee represents and warrants that he/she is duly authorized to execute
same and that Permittee is bound by the terms and conditions hereof.
12. MISCELLANEOUS. The obligations and liabilities of Permittee under this Permit
shall survive the termination or expiration of this Permit, and shall not be affected
by or diminished in any way by the existence (or lack thereof) of other entry
permits or entry agreements covering all or a portion of the Property. All powers,
rights or remedies of the parties to this Permit shall be cumulative with, and not
exclusive of, any powers, rights or remedies otherwise available at law or in
equity.
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13. ENTIRE PERMIT. This Permit constitutes the entire understanding and
agreement between the parties and supersedes all previous negotiations
between them pertaining to the subject matter thereof.
jNV
111NESS WHEREOF, the parties hereto have executed this Permit as of the
--day of October, 2004.
San Juan Capistrano
Community Redevelopment Agency
Dave Adams, Executive Director
Chevron Environmental Management Company
h
Walker C. Taylor, cretary
ATTEST:
R. Monahan
APPROVED AS TO FORM:
0 //--�
John R. Shave Agency Attorney
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EXHIBIT "A"
DIAGRAMS DEPICTING PROPERTY
Attached
O:\CPDS\Law-Brea\La Habra\Agreemnt\License & Access Agreements121-1304 Entry Permit_San Juan Capistrano_CLEAN.doc
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EXHIBIT "B"
STANDARD ENTRY CONDITIONS
COPY OF PERMIT. Permittee must carry a copy of this Permit at all times while
on the Property.
2. CONDITION OF PROPERTY. Permittee is advised that the Property is in not
regularly maintained and, as with any unimproved land, certain risks exist.
3. PERMITTEE'S ACTIVITIES; COMPLIANCE WITH RULES. Permittee shall
perform its activities on the Property in a safe manner and in accordance with all
applicable governmental and other laws, rules and regulations.
4. WORKING HOURS. Permittee shall comply with all applicable laws, ordinances,
rules and regulations regarding approved working hours pertaining to its
operations under this Permit. The restrictions on working hours apply to all
operations of Permittee while on the Property. Unless otherwise provided in this
permit, Permittee shall enter the Property only during normal working hours and
during regular workdays (Monday to Friday exclusive of weekends and holidays).
PROTECT FENCES; LOCK GATES. Permittee shall be responsible for locking
gates entered after each access and shall secure all gates at the end of each
working day. Permittee shall be responsible for protecting in place all fences and
gates in the area of its entry on the Property.
6. COOPERATION. Permittee shall cooperate with all other contractors and other
authorized personnel working within the Property (e.g. maintain through access,
etc.)
7. CONTROL OF INVITEES. Permittee shall control the activities of its invitees for
the activities permitted under this Permit in order to prevent trespass by any
invitees onto land adjacent to the Property.
8. PERMITS. Permittee is responsible for obtaining all permits required to perform
the activities permitted under this Permit. A Permit from the Building Department
is required prior to monitoring well drilling activities. Permittee is responsible for
contacting underground service alert. Drilling and excavation activities require an
archeologist monitor on site, at Permittee's sole cost and expense.
8/20104
L -H
CiDOUGLASAGREEMENTENTRY PERMIT-B.WPDdW
9. LIENS. Permittee shall not suffer or permit to be enforced against the Property,
or any part thereof, any mechanic's, materialmen's, contractor's or
subcontractors liens or any claim for damage arising from the work of any
construction, excavation, survey, tests, grading, repair, restoration, replacement
or improvement, or any other work, performed by Permittee or its
Representatives but Permittee shall pay for or cause to be paid all of said liens,
claims or demands before any action is brought to enforce the same against the
Property. Permittee expressly agrees to indemnify, defend or hold harmless, the
indemnitees and the Property free from all liabilities for any and all such liens,
claims and demands, together with reasonable attorney's fees and all costs and
expenses in connection therewith. Notwithstanding anything to the contrary set
forth above, if Permittee shall in good faith contest the validity of an such lien,
claim or demand, then Permittee shall, at its expense, defend itself and the
Indemnitees against the same and shall pay and satisfy any adverse judgment
that may be rendered thereon before any enforcement thereof against the
Indemnitees or the Property, but only upon the condition that if Agency shall so
require, Permittee shall procure and record or furnish Agency a surety bond or
other acceptable security satisfactory to Agency in an amount at least equal to
such contested lien, claim or demand indemnifying the Indemnitees against
liability for the same, and holding the Property free from the effect of any such
lien or claim. Agency reserves the right at any time and from time to time to post
and maintain on the Property, or any portion thereof or improvement thereon,
such notices of non responsibility or otherwise as may be necessary to protect the
Indemnitees against liability for all such liens and claims.
10. NOISE. While on the property, Permittee shall comply with all applicable laws,
ordinances, rules and regulations respecting sound control and noise levels, and
shall be responsible for controlling noise arising from its operations under this
Permit.
11. NUISANCE. Permittee shall conduct all activities under this permit in such a
manner so that no public nuisance affecting persons or property on or in the
vicinity of the Property results from Permittee's activities. Permittee is
responsible for monitoring and controlling the activities of all Permittee
Representatives and invitees on and in the vicinity of the Property so as to
prevent any public nuisance from Permittee's activities.
12. REMOVAL OF MATERIALS; TRASH REMOVAL. Permittee shall remove all
materials used by Permittee from the Property upon termination of this Permit.
Permittee shall clean trash generated by Permittee from the Property and
8/20/04
M
C: MOUGLASAGREEMENTENTRY PERMIT-B.WPDdo
surrounding areas during and after the activity permitted under this Permit so that
the Property maintains a neat appearance at all times.
13. RESTORATION OF PROPERTY. If entry onto the Property by Permittee results
in any physical damage to the Property (ordinary wear and tear excepted),
Permittee 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. Further, upon termination of this Permit, the
groundwater monitoring well installed on the Property shall be backfilled with
grout.
14. OTHER QUESTIONS. If Permittee has any other questions with respect to this
permit, Permittee should contact Agency at 949.443.6316.
8/20/04
-B3 C1DOUGLASNGREEMENTENTRY PERMIT-B.WPDdx
EXHIBIT "C"
PERMITTEE'S STATEMENT OF SELF -RETAINED INSURANCE
Attached
CADocuments and Settings\ppd\L.ocal Settings\Temp\21-1304 Entry Permit—san Juan Capistrano_CLEAN.DOC
ChevronTexaco Corporation James D. Lyness
Treasury Department Assistant Treasurer
6001 Bollinger Canyon Rd., 111160 Insurance Division
San Ramon, CA 94583
Tel 925 842 8136
Fax 925 842 6007
JDLyness@chewontexwo.com
October 4, 2004
Mr. Dave Adams, Executive Director
San Juan Capistrano Community Redevelopment Agency
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Entry Permit Agreement between San Juan
Capistrano Community Redevelopment Agency
and Chevron Environmental Management Company,
for premises located at 31782 Camino Real San
Juan Capistrano, CA (APN 124-160-27).
ChevronTexaco Reference #BW041001
Dear Mr. Adams:
ChevronTexaco
ChevronTexaco Corporation and its subsidiaries are covered for property and liability exposures
through major worldwide insurance programs with large deductibles. Losses that fall within these
deductible levels, including those for which a ChevronTexaco company is contractually liable, are
paid through the financial resources of the company and are administered by ChevronTexaco
Corporation under its Self -Administered Claims Program, hereinafter referred to as the Program
This is to advise you that the property/liability insurance requirements of the subject agreement fall
within the deductible levels of ChevronTexaco's insurance programs. Therefore, losses for which
ChevronTexaco is responsible under the agreement will be handled under the above-described
Program. The scope of this Program is equal to the insurance requirements of the subject agreement.
We further advise you that Workers' Compensation insurance requirements for ChevronTexaco
companies are satisfied through insured/self-insured programs depending upon the location of the
employee's workplace. U. S. Longshore and Harbor Workers' Act coverage is self-insured.
Unless canceled earlier, this letter will remain in effect until the expiration or earlier termination of
the subject agreement (or any renewal thereof). If this program is canceled or materially changed, we
will provide you with 30 days written notice.
QNNSURANCEWISK MANAGEMENTVWORD'SACLSSAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY 10-04-04.DOC