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HomeMy WebLinkAboutDYER BUSINESS ASSOCIATES 1 .' . . I NSU'R,~¡, NO ¡ , I !HD Sic- \~;L¡~~~I^::':l~\/ (~'OUNCIL Df;TE: l() 0'"" If-o<f C PvJ 11-. (þ. ßiovJd diD\ N-2004-121 LICENSE AND RIGHT OF ENTRY AGREEMENT THIS LICENSE AND RIGHT OF ENTRY AGREEMENT ("Agreement") is entered by and between Dyer Business Associates, a California Limited Liability Partnership, the owner of the property commonly known as the Dyer Business Park, Santa Ana, California (hereinafter "Owner"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). This agreement is entered into with reference to the following recited facts: A. RECITALS Owner is the legal owner of the property commonly known as the Dyer Business Park located on East Alton A venue between Kilson Drive and South Halladay Street (hereinafter referred to as the "Property") in the City of Santa. B. City desires to enter onto the Property to conduct soils tests in connection with the proposed Alton Avenue Overcrossing Project (the "Project"). c. In connection with the Project, the City has requested that its consultant, Leighton Consulting, Inc., ("Leighton") be allowed to enter onto the Property to take water and soil samples. Leighton has prepared a revised Work Plan for a Phase II Environmental Site Assessment of the Property. The Work Plan sets forth how Leighton is to perform the proposed site assessment and environmental testing. D. The City and the Owner now desire to permit the City's consultants to enter onto the Property to perform environmental sampling pursuant to the terms of this agreement set out below. NOW THEREFORE, the parties hereto agree as follows: AGREEMENT 1. Owner hereby grants to the City, its employees, agents, and representatives, a license to enter the Property for the purpose of conducting soils tests. The work shall be performed as set forth in the revised Leighton Work Plan which is incorporated by this reference as though fully set forth herein. Leighton shall perform the work in a good and workman like manner with reasonable diligence, in compliance with all applicable laws and regulations including, without limitation, all requirements of governmental entities and agencies. The activities to be performed include the following: . . I. ll. lll. determine and mark boring locations; have boring locations cleared by Underground Service Alert; bring a drill rig on to the property to advance the borings and collect samples of the soil and groundwater; and have a surveyor record the actual locations of the borings upon completion. IV. In addition, City agrees that acidified field blank samples shall be prepared for groundwater samples that will be analyzed for metals. At least one field blank sample shall be prepared for each day of sampling. The acidified field blank samples shall be prepared in the field in order to ensure that the acid does not contain impurities. 2. City shall provide Owner seven (7) days advance notice prior to the commencement of work on the Property. The work shall be performed between 8 a.m. and 5 p.m. Monday through Friday unless otherwise authorized by Owner. 3. The City agrees to allow Owner's representatives to observe the on-site sampling work and to provide split samples to Owner's representatives. The City further agrees to provide Owner copies of the laboratory reports (including QAlQC data) received from the laboratory by the City or its agents, consultants, or representatives. The City further agrees to provide Owner with a copy of the final report. 4. No license to enter existing buildings is conveyed by this instrument. 5. City shall indemnify, defend and hold harmless Owner from any claims, demands, or liability, arising out of the City's conduct on the Property. City agrees to repair, at its sole cost and expense, any damage to the Property caused by the City, its employees, agents, and consultants as a result of the City's entry and soil sampling on the Property, including but not limited to, restoring any boreholes to their pre-sampling condition. 6. As between the City and Owner, the City shall be solely responsible for disposing of any wastes generated by the City, it agents, employees, or consultants in the course of performing the work set forth in the revised Leighton Work Plan. 7. This License to Enter shall expire upon completion of said soils testing work, and in any event, no later than ~~OO4 unless extended in writing by the parties to this agreement. j't.~. 5. The undersigned certifies it is the legal owner of the Property and warrants it has binding authority to grant this License. II II ,. . IN WITNESS WH~REOF, Owner has executed this License and Right of Entry this3':;::; day of ~Y>r\~~~/, 2004. "' - ------7 {~ ~- \ - 'C..À-'t- .~- 11y~ Business Associates, A California Limited Liability Partnership, By Bay Harbor Management, Inc., its agent John P. Cotton, President Terms and conditions are accepted by the City of Santa Ana ATTEST ~ ~~~ PATRICIAE. HEALY City Clerk CITY OF SANTA ANA ~~ City Manager APPROVED AS TO FORM: ~',^"~i~ .{:< J uSEPH W. FLETCH R City Attorney