HomeMy WebLinkAbout2016-011 Friends of Atascadero Lake (Pipeline) RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of Atascadero
Public Works Dept.
6500 Palma Ave.
Atascadero CA 93422
No fee for recording pursuant to (Space above for Recorder's Use)
Government Code Section 27383
AGREEMENT BETWEEN
FRIENDS OF ATASCADERO LAICE,INC.,
HANSEN REVOCABLE FAMILY TRUST,
&THE CITY OF ATASCADERO
This agreement("Agreement") is made and entered into this 25th day of May, 2016 by and between
the City of Atascadero, a general law city and municipal corporation ("City"), the Friends of
Atascadero Lake Inc,, a California nonprofit public benefit corporation (Organization), and the
Hansen Revocable Family Trust (Jens E. Hansen and Linda M. Hansen, trustees) (Owner) for the
purpose of allowing Organization to utilize water from a well on that property known as APN 056-
291-001 and located at 8350 Portola Road in the City of Atascadero ("Owner's Property") for the
purpose of offsetting water in Atascadero Lake ("Lake"), a part of the City-owned Atascadero Lake
Park ("Park"). The general area in wlich the Owner's Property and Park are located is shown in
EXI lT A attached hereto.
Pursuant to this Agreement, Owner will grant Organization the perpetual right to utilize the well on
Owner's Property ("Well") for the purpose of drawing water to supply the Lake in accordance with
the terms and conditions of this Agreement, The City will grant Organization the right to develop
a system by which to supply Well water into the Lance in accordance with the attached Exhibits
and responsibilities for operations and maintenance as outlined below. The City and
Organization will negotiate a schedule for the pumping of Well water into the Lake, but the City
will retain full discretion to suspend or delay pumping as it deems necessary or beneficial for the
public health and welfare.
1. PARTIES
1.1 City
The City of Atascadero, Atascadero, CaEforiia, whose mailing address for
notice under the terms of this Agreement is as follows:
City of Atascadero
Attn: Director of Public Worlcs
6500 Palma Ave.
Atascadero, California 93422
AGREEMENT BETWEEN THE CITY OF ATASCADERO I
AND FRIENDS OF ATASCADERO LAKE
1.2 Friends of Atascadero Lance,Inc.
Friends of Atascadero Lake, Inc., whose mailing address for notice under
the terms of thus Agreement is as follows:
Friends of Atascadero Lake, Inc.
P.O. Box 1151
Atascadero, CA 93423
1.3 Owner
Jens E. Hansen and Linda M. Hansen, Trustees
Hansen Revocable Family Trust
8350 Portola Road
Atascadero, CA 93422
2. TERM
The term of this Agreement shall begin on May 25, 2016 and continue in perpetuity
unless and until tenninated pursuant to the termination provisions of this Agreement.
3. ORGANIZATION RESPONSIBILITIES
3.1 Construct a water delivery pipeline from the Well, across and/or under public-
rights-of-way, through the Park, and to the Lake ("Project"). At the discretion of
the City, the Project may instead connect to the City stormwater system at a point
outside the Park, provided that the downstream stormwater pipes are those that
supply water into the Lake. The final alignment of the Project shall be as close as
is feasible to the drawing attached as EXHIBIT B. Organization will provide City
a key to the Well.
3.2 Obtain, including bearing all costs to obtain, all necessary permits for the
extraction, transport, and delivery of water from the Well, including but not
limited to permits from the Regional Water Quality Control Board. Provide
copies of all permits to the City.
3.3 Negotiate and obtain. from Owner an easement granting Organization (a) the right
to draw water from the Well in perpetuity and (b) to maintain, including
performing all inspections and tests necessary to ensure maintenance of, the water
delivery pipes across and/or under Owner's Property in perpetuity. Record,
including bearing all costs of recording, and provide a copy of such easement to
the City.
3.4 Negotiate and obtain from any other owner of private property across and/or
under which the Project will be constructed (as per EXHIBIT B) such easements
as are necessary to allow the Project to remain on and/or under that property in
perpetuity. Record, including bearing all costs of recording, and provide a copy
of any such easement to the City.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 2
AND FRIENDS OF ATASCADERO LAKE
3.5 Obtain all necessary permits for the construction of the Project, including but not
limited to encroachment permits required by the City for placement of the water
supply pipes across and/or under public rights-of way and through the Park. This
Agreement shall not be construed as pre-approval of said permits.
3.6 Perform reasonable monitoring of and all necessary repairs to, including bearing
all costs to monitor and repair, the Project's pipes, from and including the Well to
the point the pipeline joins the City stormwater pipes feeding into the Lake. Grant
to the City the right to use any of Organization's easement rights for the purpose
of the City performing inspections pursuant to Section 4.4.
3.7 Communicate with the City regarding the schedule for pumping water from the
Well, through the Project pipes, to the Lake, which pumping shall be subject to
suspension at the sole discretion of the City as set forth herein. Organization may
be required by City to keep records of pumping activities and provide the City a
pumping summary each month that includes dates of pumping and volume
pumped.
3.8 Provide to the City access to the Well for inspection and water quality testing.
3.9 Remediate any conditions or incidents in which well water supplied to the Lake
causes unsuitable water quality in the Lake. In the event that the Organization
fails to act promptly to restore the water quality conditions or resolve the incident,
the City or its' agents may, at their option, make the necessary restorations to
remediate the incident and the Organization shall reimburse the City the actual
costs associated thereof.
3.10 Register with Undergound Service Alert of Northern/Central California and
Nevada (USA North 811) and be responsible for locating and marking the
completed Project work within the public right-of-way.
3.11 If the completed Project interferes with future public improvements or a future
use by the public within the public right-of-way or street, then the Organization
will at their own expense remove or relocate the Project infrastructure to a
location satisfactory to the City, including bearing all costs to obtain, necessary
permits and easements as outlined in Sections 3.4 and 3.5 above.
3.12 Within ninety (90) days of the termination of this Agreement, perform any
removal of Project pipes required by any party (private or governmental, and
including the City) across or under whose real property or public rights-of-way
the Project pipes are installed, and restore said property and public rights-of-way
to usable condition.
3.13 Within ninety (90) days of the tennination of this Agreement, record a release or
vacation of the easement required by Section 3.3 and any right or easement
obtained under Section 3.4 of this Agreement, including bearing all costs of
recording.
4. CITY RIGHTS AND RESPONSIBILITIES
4.1 Allow the connection of the Project pipes to City pipes that supply water into the
Lake, either within the Park or outside the Park, as shown on EXHIBIT B or as
subsequently agreed to by the City and Organization.
4.2 Communicate with Organization regarding the schedule for pumping water from
the Well, through the Project pipes,to the Lake.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 3
AND FRIENDS OF ATASCADERO LAKE
4.3 Determine if and when the schedule for pumping water from the Well, through
the Project pipes, to the Lake should be delayed or suspended due to an excess of
water in the Lake, to pollution or particulate matter in the water, or to any other
reason that could negatively affect the health and welfare of the City or persons in
or around the Lake.
4.4 In its sole discretion, inspect the Well and the Project pipes to satisfy concerns
about maintenance, water quality, or continued water delivery. City agrees to
notify Organization of observed concerns noted during inspections. City further
reserves the right to require a suspension of water pumping pursuant to Section
4.3 or a disconnection of the Project pipes pursuant to Section 13 in the event that
the City's inspections do not satisfy those concerns.
4.5 Receive copies of and review all permits, easements, licenses, and other approvals
necessary for the construction of the Project and the delivery of the Well water to
the Lake, prior to authorizing connection of the Project pipes to the City pipes that
supply water into the Lake.
4.6 Upon termination of this Agreement, coordinate with Organization and Owner for
post-termination obligations of Organization and Owner, including inspection of
removal work in public rights-of-way.
4.7 Upon termination of this Agreement, detach Project pipes from the City pipes that
supply the Lake, including bearing all costs of such detachment.
5. OWNER RESPONSIBILITIES
5.1 Negotiate in good faith and execute an easement granting Organization (a) the
right to draw water from the Well in perpetuity and (b) to maintain the water
delivery pipes across and/or under Owner's Property in perpetuity. Include in this
easement the City's right to inspect the Well and Project pipes as set forth in
Section 4.4
5.2 Maintain the Well. This requirement may be met by Owner entering into a
separate agreement with Organization for ongoing Well maintenance.
5.3 Upon termination of this Agreement and receipt of a recorded copy of
Organization's release or vacation of the easement required by Section 3.3,
reclaim full control over the use and pumping of water from the Well and bear all
costs related to the Well and the water therein.
6. INDEMNIFICATION
A. Claims Arising From Project
Organization hereby agrees to, and shall, hold City, its elective and appointive boards,
officers, agents and employees, harmless and shall defend the same from any liability for
damage or claims for damage, or suits or actions at law or in equity which may allegedly
arise from Organization or any of Organization members', contractors', or agents'
negligent operations or failure to perform under this Agreement, whether such operations
be by Organization , by one or more of its individual members, or by any one or more
AGREEMENT BETWEEN THE CITY OF ATASCADERO 4
AND FRIENDS OF ATASCADERO LAKE
persons directly or indirectly employed by, or acting as agent for, Organization.
B. The existence or non-existence of any insurance required of Organization by
Section 7 hereof shall not be deemed to limit in any way Organization' obligations under
this Section 6.
7. INSURANCE
Organization shall not commence construction of the Project until Organization has
obtained all insurance as provided in EXHIBIT C. At all times until the termination of
this Agreement pursuant to Section 8, such insurance shall be maintained in full force and
effect.
8. TERMINATION OF AGREEMENT
Both the City and Organization shall have the right to terminate this Agreement, with or
without cause, upon the provision of thirty (30) days' notice to the other party and to
Owner. Owner agrees that Owner has no termination rights. Upon termination of this
Agreement, the post-termination obligations of City, Organization, and Owner shall be as
set forth herein. Owner understands and acknowledges that, upon recordation of the
easement as set forth in Section 3.3, Owner shall have no right to terminate this
Agreement.
9. NON-EMPLOYMENT STATUS.
It is understood and agreed by the parties hereto that Organization, while engaged in the
Project and in the supply of water to the Lake, is and shall act as an independent
contractor and is not an officer, agent or employee of the City, and that the officers,
employees and agents of Organization are not entitled to any of the benefits of City
employees.
10. BINDING ON SUCCESSORS AND ASSIGNMENT
This Agreement shall be binding upon the successors, transferees, heirs and assignees of
the parties. Owner may assign rights to the Owner's Property at any time, subject to the
continued effectiveness of the easement required by Section 3.3. Organization shall not
assign this Agreement or any right or obligation hereunder without the prior written
consent of the City Manager.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 5
AND FRIENDS OF ATASCADERO LAKE
11. ALTERATIONS
Any alterations, additions, improvements or changes that Organization may desire to make
to the completed Project shall be made at Organization' sole cost and expense and in
compliance with all applicable governmental requirements, including but not limited to the
permits specifically required by this Agreement. Any such alterations and/or improvements,
other than repairs and maintenance to the completed Project shall be made only after first
submitting the plans and specifications thereof to the City and obtaining an encroachment
pen-nit.
13. RESERVATION OF CITY RIGHTS
At any and all tunes the City reserves the right but not the obligation to disconnect the
Project pipes from the City pipes feeding the Labe and to institute proceedings to terminate
thus Agreement upon the occurrence of any of the following:
• Organization's failure to maintain any permits necessary for the continued pumping of
the Well water.
• Organization's failure to maintain insurance as specified in this agreement.
• Organization's failure or refusal to cease pumping water into the Lake after a request
by the City in the event of a storm, or after a finding by any regulatory agency that the
Well water is polluted, or after the City has determined that the public health or welfare
necessitate a temporary suspension of pumping.
• Organization's failure to maintain the Project pipe system in an operable state.
• Organization's failure to abate or remediate any conditions or incidents in which well
water supplied to the Lake causes unsuitable water quality in the Lake, or to
reimburse City for its costs in abatement or remediation if Organization is unable to
perform the work.
• City's determination, after inspection pursuant to Section 4.4, that maintenance of the
Project pipe system or the Well water quality gives rise to concerns sufficient to require
disconnection rather than temporary suspension of pumping as set forth in Section 4.3.
The City will give the Organization notice of its temporary disconnection of the Project
pipes and its intent to terminate this Agreement, and will include Organization in
discussions for resolution of the issues giving rise to the termination notice. If the parties
can resolve the issues givilg rise to termination, Organization agrees that it will pay to City
the costs of disconnecting and reconnecting the Project pipes to the City pipes. Such
payment will be made within fifteen(15) days of presentation of proof of the costs incurred
by City in undertaking the work.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 6
AND FRIENDS OF ATASCADERO LAKE
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth opposite their respective names.
CITY OF ATASCADERO
Orgw, LUc—
z,-4? DDate: 5 r Co /1 Co
RACHELLE RICKARD, City Manager
FRIENDS 0-19ATASgADERO LAKE, Inc. (Organization)
Date:
PA , MURPIiY,Pres id t
HANSE REVOCABLE FAMILY TRUST
� J /
!.o . �r Date:
JE E. HANSEN,Trifstee
Date:
LINDA M. HANSEN,Trustee
ATTEST:
Date: •�' 2b/�v
�AvIA NItCLURIE tCrkGERSON, CMC,City Cleric
APPROVED AS TO CONTENT:
Date: 4�7/- 5 5,�l co
NICHOLAS DEBAR, Director of Public Works
APPROVED AS TO ORM:
�t Date:
BRI A. PIERIK, City Attorney
AGREEMENT BETWEEN THE CITY OF ATASCADERO 7
AND FRIENDS OF ATASCADERO LAKE
EXHIBIT A
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AGREEMENT BETWEEN THE CITY OF ATASCADERO 9
AND FRIENDS OF ATASCADERO LAKE
EXHIBIT B
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AGREEMENT BETWEEN THE CITY OF ATASCADERO 10
AND FRIENDS OF ATASCADERO LAKE
EXHIBIT C
INSURANCE REQUIREMENTS FOR ORGANIZATION
Organization shall procure and maintain for the duration of the contract insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
Organization's operation and use of the Property. The cost of such insurance shall be borne by
Organization.
Mlninuan Scope of Insurance for Organization
Coverage shall be at least as broad as:
I. Insurance Services Office Commercial General Liability coverage (occurrence form
CG 0001).
2. Workers' Compensation insurance as required by the State of California and
Employer's Liability insurance (for Organizations with employees).
3. Property insurance against all risks of loss to any tenant improvements or betterments.
Minimum Limits of Insurance
Organization shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to tl-is project/location or the general aggregate
limit shall be twice the required occurrence limit.
2. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
3. Property Insurance: Full replacement cost with no coinsurance penalty
provision.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Entity. At
the option of the Entity, either: the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the Entity, its officers, officials, employees and volunteers; or the
Lessee shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of
losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability policy is to contain, or be endorsed to contain, the following provisions:
AGREEMENT BETWEEN THE CITY OF ATASCADERO 11
AND FRIENDS OF ATASCADERO LAKE
1. The Entity, its officers, officials, employees and volunteers are to be covered as
insureds with respect to liability arising out of ownership, maintenance or use of that
part of the Property by Organization.
2. The Organization's insurance coverage shall be primary insurance as respects the
Entity, Its officers, officials, employees and volunteers. Any insurance or self-
insurance maintained by the Entity, its officers, officials, employees or volunteers shall
be excess of the Organization's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the Entity.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL
Verification of Coverage
Organization shall furnish the Entity with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on fon-ns provided by
the Entity or on other than the Entity's forms,provided those endorsements or policies conform
to the requirements. All certificates and endorsements are to be received and approved by the
Entity before work commences. The Entity reserves the right to require complete, certified
copies of all required insurance policies, including endorsements effecting the coverage required
by these specification.
AGREEMENT BETWEEN THE CITY OF ATASCADERO 12
AND FRIENDS OF ATASCADERO LAKE