HomeMy WebLinkAboutKB Properties Iowa, LLC, LTD-Access Agreement-01.22.2008 AGREEMENT TO ALLOW ACCESS FOR ENVIRONMENTAL INVESTIGATION ACTIVITIES
TIES
THIS AGREEMENT, made and entered into by and between, KB Pr N ACTIVITIES
referred to as the "GRANTOR" and the City of Waterloo, Iowa, a municipality, with the
Mulberry Street Waterloo, IA 50703, hereinafter referred to as thePro Iowa LLC hereinafter
of or with authority to permit access to the below described propertyy, legal address of 715
"CITY". The GRANTOR, as legal owner
authorizes, pursuant to the terms of this AGREEMENT, the CITY, employees and other
consents to and
to enter upon and perform certain site assessment and monitoring activities. The purpose
to
the property is to perform investigation activities pursuant to the authority representatives
the CERCLA of 1980, 42 USC 9604(b) and (e) et seq., as amended bythe SARAofSections104(b) and 104(e)nof
of 1986.
To the parties joint and mutual consideration it is hereby agreed as follows:
1. The undersigned GRANTOR is
Street the lawful possessor of certain real estate located at 419_ gth
"TARGET PROPERTY in of Waterloo Iowa (insert legal address) hereinafter referred to
as the
2. The GRANTOR hereby conveys to the CITY, its employees, representatives
access to the TARGET PROPERTY identified above for the purpose of conducting
Environmental Site Assessment (ESA) and environmental sampling activities, if ' agents, contractors,
ESA may include a site tour and interviews with knowledgeable persons. Subsequentsampling a Phase I
may include the collection of surface and subsurface soil and indicated. The Phase I
samples will be through drilling holes, removing soil, installation o water samples. Access to subsurface
activities
f monito ,
ls
groundwater, removal of well materials, and sealing of holes. The ground surface rwillll beerlestorered to pd to p of
sampling conditions.
rior
3. The GRANTOR has good and lawful right to grant access the TARGET PROPERTY.
4.
The GRANTOR duly authorizes their representative or agent to grant access to the CITY.
5. The GRANTOR shall agree not to interfere with any activities or equipment described
undertake any actions regarding the use cf the TARGET PROPERTY, which would endan e
r
welfare of the CITY, its employee's representatives, agents, contractors or herein, or to
to use the TARGET PROPERTY in such a manner. the environmentg ortalloweothealth �s
6. The CITY shall indemnify and hold harmless the GRANTOR against an dams
PROPERTY arising from the CITY'S presence on the premises. y ge to the TARGET
7. The CITY shall take responsible actions to avoid disrupting or interfering with the normal course of
activities conducted on the TARGET PROPERTY.
8. The CITY shall access the TARGET PROPERTY during regular business hours unless otherwise
agreed to by both parties.
9. The CITY shall be responsible for locating all utilities pursuant to the wor
PROPERTY and will be liable for damages and cost of repairs. k plan on TARGET
10. The CITY will split samples with the GRANTOR'S representative upon given 48-hour
The GRANTOR shall provide its own sample containers and will be responsible for all delivery,
chain-of-custody documentation, analytical, and disposal costs. hour notice of
11. The CITY will provide the GRANTOR with a list of samples collected, copies of analytical results,
and the location where samples were collected.
p
1
12. The CITY will give the GRANTOR at least 48-hour written notice of the initiation of sampling
activities. A minimum of 48-hours written notice will be given for any follow up sampling activities. The
GRANTOR shall not unreasonably withhold consent. Consent may be oral. The GRANTOR'
representatives to receive notice are as follows: S
13. The CITY agrees that all materials and equipment utilized in this investigation shall be removed
from the TARGET PROPERTY upon completion of the monitoring and other activities authorized by this
AGREEMENT and that said TARGET PROPERTY will be restored as nearly as possible to its original state
and conditions as found immediately preceding the beginning of the activities authorized
AGREEMENT. b y this
14. The CITY liability for damages to the TARGET PROPERTY or injuries to persons that result from
or are caused by the activities on the TARGET PROPERTY shall be to the extent of the law including but
not limited to the Federal Employee Compensation Act and the Federal Tort Claims Act.
15. This AGREEMENT terminates within 360 days of the signature of both parties.
The undersigned have read this AGREEMENT and understands that it grants permission to the CITY, its
employees representatives, agents, contractors to enter the above-referenced premised for the purposes
on conducting the afore-mentioned monitoring activities and agree to the afore-mentioned terms and
conditions.
Dated this 10th day of Dec_, 2007.
GRANTOR CITY OF WATERLOO
1 n
�l 1
An h rit S.gna ory J h
—�� T N ft Y ' I�ik Y�rZ
ATTEST:
An Authority Signatory .CC-22,j
City Clerk
(if applicable)
2