HomeMy WebLinkAbout2014-024 AMWC Lake Sediment _ 777
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AGREEMENT REGARDING THE DISPOSAL OF SEDIMENT EXCAVATED FROM ATASCADERO LAKE
THIS AGREEMENT ("Agreement") is made and entered into by and between the Atascadero Mutual Water
Company, a California corporation ("AMWC") and the City of Atascadero (the "City") for the disposal of
sediment from Atascadero Lake onto property owned by AMWC.
RECITALS
A. WHEREAS,the City owns the parcels of land in the City of Atascadero,County of San Luis Obispo,State of
California that underlie the water body commonly known as Atascadero Lake (the"Lake");and
B. WHEREAS, City desires to excavate 20,000 cubic yards, more or less, of sediment from the Lake (the
"Sediment")while the lakebed!is dry due to the persistent drought;and
C. WHEREAS, City has determined that the Sediment is non-hazardous based on sampling and testing
performed by City;and
D. WHEREAS,City requires a site to dispose of the Sediment;and
E. WHEREAS, federal, state and local laws, statutes and ordinances may apply to City's disposal of
Sediment;and
F. WHEREAS, AMWC owns a parcel of land at 3375 Templeton Road located in the County of San Luis
Obispo,State of California,APN 034-421-022(the"Property");and
G. WHEREAS,the Property could act as a disposal site forthe Sediment;
NOW,THEREFORE,the parties hereto do promise and agree with one another as follows:
1. Disposal of Sediment. AWMC agrees to allow the City to dispose of the Sediment on the Property at no
cost. City shall grub the existing weeds from the lake bed before removing the Sediment and dispose of
the weeds on a site other than the Property. City shall spread the Sediment evenly over the Property in
lifts not exceeding six(6) inches, or as directed by AMWC. City shall spread the Sediment at the locations
on the Property as directed by AMWC. The City shall hydra-seed those areas on the Property where
Sediment is disposed that will not be farmed or planted by AMWC or its agent. The hydro-seed mix shall
be approved by AMWC.
2. Permits City shall acquire and adhere to all conditions of all necessary permits and approvals
required for disposal of the Sediment on the Property.
3. Compliance with Applicable Laws. City shall comply with all applicable federal, state and local laws,
statutes and ordinances that may apply to City's disposal of Sediment on the Property.
4. Preservation of AMWC Property. City shall provide and install suitable safeguards, approved by
AMWC, to protect AMWC's property from injury or damage that could result from City's disposal of
Sediment on the Property under this Agreement. If AMWC's property is injured or damaged as a
result of City's disposal of Sediment on the Property, City shall, at its expense, replace or restore
such property to the condition it was in prior to the commencement of the City's operations.
Lake Sediment Disposal Agreement Page 1 of
5. Insurance - No less than two weeks prior to the disposal of the Sediment on the Property, City shall,
at its own expense, procure and maintain in force policies of insurance issued by a responsible
carrier or carriers acceptable to AMWC which afford the coverage required under this paragraph.
City shall name AMWC as an additional insured in each policy required to be maintained by City
under this paragraph with the exception of the workers compensation. City shall provide AMWC
with a certificate or certificates from the insurers evidencing such coverage before disposing of any
Sediment on the Property.
A. Workers Compensation and Employer's Liability Coverage in the amount required by California
law; and
B. Motor Vehicle Liability insurance in the amount required by California law; and
C. Commercial general liability insurance, on an occurrence basis, providing single limit coverage in
an amount not less than $1,000,000 per occurrence with an aggregate of not less than
$2,000,000 protecting City and AMWC against all claims and liability for bodily injury, personal
injury and property damage arising out of, related to, or in connection with the disposal of the
Sediment on the Property. Said insurance shall also include blanket contractual coverage of the
terms of the Agreement, including, but not limited to, City's indemnification of AMWC below.
If City is self-insured under one or more JPAs, or otherwise, it may comply with the terms of this
paragraph by providing AMWC with proof of such self-insurance, with at least the coverages and
limits required above, no less than two weeks prior to the disposal of the Sediment on the Property.
6. Indemnification. City shall indemnify and hold AMWC, and its officers, directors, employees and
agents, harmless from and against any and all claims, demands, damages, costs and liabilities,
including, but not limited to, interest, penalties, reasonable attorneys' fees and costs, and expert
witness fees and costs, arising out of, related to, or in connection with City disposal of the Sediment
on the Property, or breach of any provision of this Agreement, except for any claims, demands,
damages, costs or liabilities resulting from the negligence or willful misconduct of AMWC, its
officers, directors, employees or agents. It is the intent of the parties that City shall provide AMWC
with the fullest indemnification, defense and hold harmless rights allowed under the law.
7. Compliance with Applicable Laws. City shall comply with all applicable federal, state and local laws,
statutes and ordinances that may apply to City's disposal of Sediment on the Property, including, but
not limited to, all rules and regulations pertaining to safety established by OSHA and the California
Division of Industrial Safety.
8. Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the heirs,
executors, administrators, successors and assigns of the City and AMWC and to all future owners of the
Property.
9. Ownership. AMWC represents and warrants that it is the sole owner of the Property and has the legal
right,capacity,and authority to enter into this Agreement.
10. Authorization. Each signatory below represents and warrants that he/she is authorized to sign on
behalf of his/her respective entity.
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11. Time is of the Essence. Time is of the essence in this Agreement.
12. Entire Agreement.This Agreement constitutes the entire agreement between the parties with respect to
the subject matter hereof. No changes, amendments, or modifications to this Agreement shall be
effective unless in writing and signed by both parties.
13. Governing Lows. This Agreement shall be construed, interpreted, and governed under the laws of the
State of California.
14. Effective Date. This Agreement shall become effective as of the date of the signature of AMWC. AMWC
shall be the last to sign this Agreement.
Atascadero Mutual Water Company: City Atascadero:
John B.Neil,General Manager date
9124114
signature date
Rachelle Rickard
printed name
City Manager
Ufle
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