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HomeMy WebLinkAboutResolution No. 5715RESOLUTION NO. 5715 RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as follows: The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael, a lease or agreement with the San Rafael Redevelopment Agency and Monumental Corporation for deposit of dredge spoils, F a copy of which is attached hereto, marked Exhibit "A", and incor- porated herein by this reference. I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, California, hereby certify that the foregoing -resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City held on the 2nd _ day of July 19 79, by the following vote, to wit: AYES: COUNCILMEMBERS : Brei ner, Jensen, Mi skimen, Nixon and Mayor Mul ryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMZ4BERS: None M. LEONCINI, City C OR111GINAL LICENSE AND AGREEMENT FOR DEPOSIT OF DREDGE SPOILS This License and Agreement is made as of the _'�l�T day of December, 1979, by and between Monumental Corporation, a Maryland corporation (hereinafter referred to as "Monumental"), the City of San Rafael, a charter city organized and existing pursuant to the laws of the State of California (hereinafter referred to as "the City"), and the San Rafael Redevelopment Agency, a redevelopment agency organized and existing pursuant to the laws of the State of California (hereinafter referred to as "the Agency"). Whereas, the City and the Agency have entered or intend to enter into an arrangement with the United States Army Corps of Engineers and certain private parties for the dredging of public and private lands in the vicinity of the San Rafael Canal; and, whereas-, the City and the Agency desire to obtain the right to use a portion of the land commonly known and described as Spinnaker Point, Unit II for the purpose of depositing and disposing of the spoils from the planned dredging operations; and, whereas, Monumental, as the owner of Spinnaker Point, Unit II, will consent to the use of a portion of that property by the City and the Agency for the deposit of dredge spoils, provided that all work related thereto is completed in a safe and workmanlike manner at the sole cost and expense of the City and the Agency; therefore, Monumental, the City and the Agency have reached an understanding concerning the deposit by the City and the Agency of dredge spoils on a portion of the Spinnaker Point, Unit II property and concerning other matters relating thereto. 1. License: Monumental hereby grants to the City and the Agency a license to deposit on certain property of Monumental spoils from the dredging of public and private lands on the San Rafael Canal or in the immediate vicinity thereof, and to install, operate, maintain and remove a temporary pipeline to convey the spoils across other property of Monumental to the disposal site, all on the terms and subject to the conditions set forth in this License and Agreement. 2. Disposal Site: All spoils and the water in which said spoils are suspended (during such time as they are not contained within the pipeline referred to in paragraph 3 below) and all dikes to be built to contain such spoils shall at all times be located and confined within the "disposal site" described in Exhibit "A" hereto, which Exhibit is incorporated herein by this reference. The foregoing notwithstanding, no portion of the disposal site which is within the jurisdiction of any public agency shall be used without the express prior written consent of such agency, which consent shall be obtained by the City and the Agency prior to the commencement of any work within the disposal site pursuant to this License and Agreement. 3. Location of Pipeline: The temporary pipeline to be built to convey the spoils from the dredging site to the disposal site shall cross the property of Monumental east of the presently existing eastern end of Canal Street, in a location and manner to be hereafter agreed upon by Monumental, the City and the Agency, and shall not be located upon any of the land shown upon that certain map entitled "Map of Spinnaker Point, Unit I", dated May 1977 and filed for record on June 30, 1977 in Volume 17 of Maps at page 3, Marin County Records. 4. Location of Certain Dikes: Monumental and others have caused a temporary roadway to be constructed, connecting Catalina -2- Boulevard and Bellam Boulevard, which roadway is to be used, among other things, in connection with construction of single family residences and other improvements within Unit I of Spinnaker Point. The City and the Agency shall construct a dike to contain the spoils immediately east of and contiguous to such temporary roadway along that portion of the roadway which adjoins the disposal site referred to in paragraph 2 above. The portion of such dike which is located below + 4.00 (Mean Sea Level Datum 119291) shall be compacted to ninety percent (90%) ASTM D 1557-70 (C), with a side slope not steeper than two units horizontal to one unit vertical. The portion of such dike which is above elevation + 4.00 shall be compacted to eighty-five percent (85%) ASTM D 1557-70(C), and shall have a top width of not less than three feet with a side slope not greater than one unit vertical to one unit horizontal. 5. Construction of Dikes: All dikes within the disposal site shall be constructed of materials and in a manner acceptable to Harding -Lawson Associates. No material for the construction of such dikes shall be removed from any existing levee, roadway or other earthwork within Spinnaker Point, nor shall any existing levee or roadway be disturbed in any way in the course of any of the work performed by or for the City or the Agency pursuant to this License and Agreement. 6. Management of Spoils: The City and the Agency shall create a written program for the management of all spoils to be deposited on the property pursuant to this License and Agreement, in order to assure that said spoils are completely dried within the shortest period of time which is reasonable under the circum- stances. Upon approval of such program by Monumental, the City and the Agency shall undertake and complete such program in exact accordance with its terms. As a part of such program and at the -3- option of Monumental, the City and the Agency shall cause all spoils deposited and dried on the disposal site to be removed to such other portion of Spinnaker Point, Unit II as Monumental may select and to be compacted there to ninety percent (90%) ASTM D 1557-70(C). 7. Decanting: The existing lagoon (hereinafter referred to as "the lagoon"), may be used for the decanting of water from the deposited spoils, but all water discharged into the lagoon shall have a sedimentation rate of not more than one milliliter of suspended solids per liter of water per hour, or such lesser rate or proportion as may be required by the Regional Water Quality Control Board. 8. Maintenance of Lagoon: Prior to the exercise of the license herein granted, the City and the Agency shall undertake soundings or other measurements to ascertain the present elevation and contour of the entire bottom of the lagoon. After the decanting process is complete, the City and the Agency shall undertake and complete soundings or other measurements to determine whether or not the bottom of the lagoon has been raised. If it is determined that the bottom of the lagoon, or any portion thereof, has been raised, then, regardless of the cause of such raising, the City and the Agency shall undertake and complete dredging of the lagoon bottom in order to deepen it to its original elevation and contour, and shall obtain all governmental approvals necessary for such dredging. All soundings or other measurements required by this paragraph shall be made in a manner such that the resulting data are accurate to within 0.2 feet of the actual elevation. 9. Repair of Disposal Site: Upon the completion of the -4- work required by the program for the management of all spoils, as referred to in paragraph 6 above, the City and the Agency shall leave the disposal site and all other property used in connection with the spoils disposal operation in a good and safe condition and shall cause the disposal site to be graded for proper drainage. The City and the Agency shall, at the option of Monumental, cause all or a part of the dikes and fencing constructed pursuant to this License and Agreement to be removed and cause the materials contained within the portions of the dikes so removed to be distributed over the disposal site. 10. Health and Safety: The City and the Agency shall at all times monitor the progress of the work, to assure that the health and safety of persons and property in the vicinity of the work are adequately protected. 11. Fencing: The City and the Agency shall erect a sturdy, chain-link fence not less than eight (8) feet in height around the entire disposal site prior to depositing any spoils or water thereon and shall maintain said fence in good condition and repair until all work undertaken pursuant to or in connection with this License and Agreement has been completed. In lieu of the construction of that portion of the fence as would be located substantially adjacent and parallel to the westerly and southerly banks of the existing lagoon, the City and the Agency may, at their option, construct extensions of the remaining portions of the fence into the water of the lagoon, provided that such extensions shall provide an effective barrier to any entry by children, pedestrians or vehicles into the disposal site. 12. Access to Disposal Site and Pipeline: The license -5- herein granted includes a right of ingress to and egress from the disposal site and the pipeline over such portions of the property of Monumental as Monumental may hereafter designate in writing to the City and the Agency. Monumental shall, however, at all times have the right to change any route of access previously designated by it pursuant to this paragraph by the giving of written notice of such change to the City and the Agency. 13. Conditions Precedent: The license herein granted shall be expressly conditioned upon, and shall not be exercised until: the approval by Monumental of a program for the management of all spoils, as required by paragraph 6 of this License and Agreement; and, the completion by the City and by the Agency of the initial soundings or other measurements of the elevation and contour of lagoon bottom, as required by paragraph 8 of this License and Agreement. 14. Liability and Indemnity: The City and the Agency shall be solely responsible for all costs, liabilities and expenses incurred in connection with the deposition of spoils or other work undertaken pursuant to the license herein granted, and shall indemnify and hold Monumental, its agents, employees, successors and assigns harmless from all claims, liabilities, costs and expenses of every kind, including, but not limited to, attorney fees and court costs, arising from or in connection with the license herein granted or any work accomplished or to be accomplished pursuant to or in connection with this License and Agreement. Further, the City and the Agency shall provide or cause to be provided to Monumental a certificate naming Monumental, its agents, employees, successors and assigns as additional insureds under a policy of public liability insurance Qct covering the hazards and losses referred to in this paragraph in an amount not less than One Million Dollars ($1,000,000.00). 15. Mechanics' Liens: The City and the Agency shall take every act reasonably necessary to remove immediately from the title to Spinnaker Point, Unit II or any other property of Monumental any mechanics' or materialmens' lien arising from or in connection with any work performed pursuant to this License and Agreement and shall indemnify and hold Monumental and its successors and assigns harmless from any such lien or any effect thereof. 16. Survival of Obligations: The license herein granted shall expire on December 1, 1980, but the City and the Agency shall thereafter continue to perform the obligations required of it pursuant to paragraphs 2, 4, 5, 6, 8, 9, 10, 11, 14 and 15 of this License and Agreement. IN WITNESS WHEREOF, the parties hereto have executed this License and Agreement as of the date first set forth above. MONUMENTAL CORPORATION a Maryland corporation By /� By Cc r ..Z % % jr— < CITY OF SAN RAFAEL, a California charter city By Attest: Approved as to form: -7- San Rafael Redevelopment Agency, a California Redevelopment agency By Attest: An--wnd z:, to form: ME Description of Disposal Site for the Dredging of Spoils from San Rafael Canal, etc. A parcel of land situated in the City of San Rafael, County of Marin'. State of California, more particularly described as follows: Beginning at the southwest corner of Lot 25 as said lot is shown on that certain map entitled "Map of San Rafael Cayes Unit One". recorded December 24, 1963 in Volume 12 of Maps at Page 55, Marin County Records; thence leaving said point of beginning along the arc of a curve, the center of which bears S 69° 32' E, with a radius of 770.00', a central angle of 12° 23', a distance of 166.421; thence S 8° 05' W, 368.391; thence along the arc of a curve to the right and tangent to the proceeding course, with a radius of 430.001, a central angle of 31" 09' 1411, a distance of 233.81'; thence S 39° 14' 14" W, 150' more or less to the lands of the City of Jan Rafael (2195 O.R. 214); thence southeasterly along the northeasterly line of the lands of the City of San Rafael, along the arc of a curve, concave to the southwest, with a radius of 600', a central angle of 140 , a distance of 146.61' more or less to a point of reverse curvature; thence along the arc of a curve, concave to the northeast, with a radius of 8001; a central angle of 50° 17' 3811, a distance of 702.24' to the southerly line of a levee easement (1722 O. R. 632 Exhibit B); thence along said southerly line N 79° 25' E, 1267.841; thence leaving said southerly line N 10° 35' W, 82'; thence N 45° 05' W, 355'; thence S 790 25' W, 175' more or less to the line of Easement to San Rafael Cayes Drainage Maintenance District (1935 O.R. 9); thence v�esterly along the line of said easement along the arc of a curve concave to the south, with a radius of 5001, a central angle of 73° 451, a distance of 643.591, more or less to a point of reverse curvature; thence along the arc of a curve concave to the northeast, with a radius of 150'; a central angle of 163° 17, a distance of 427.471; thence N 23° 32' E, and tangent to the preceeding course, 217.961; thence along the arc of a curve concave to the southwest and tangent to the preceeding course, with a radius of 2401, a central angle of 77° 571, a distance of 326.521; thence N 540 24' W and tangent to the preceeding course, 115.281; thence along the arc of a curve concave to the northeast, tangent to the preceeding course, with a radius of 2001, a central angle of 74° 531, a distanc(z of 261 .39' more or less to the southerly line of the aforementioned Lot 25; thence along said southerly line N 69° 32' W, 150.72' more or less to the Point of Beginning. . DJS 10/12/79 1.108.26 EXIIIBIT "A"