HomeMy WebLinkAboutRobert Berg Trust-Access Agreement-02.18.2008 • I•01/1:7/2008 18:58 3192357643 TURN-KEY PROPERTY PAGE 01
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AGREEMENT TO ALLOW ACCESS FOR WNN'IW NMLNTAL INVESTIGATION ACTIVITIES
THIS AGREEMENT, made and entered into by and between, Robert Sera Trust , hereinafter referred to as
the "GRANTOR" and the City of Waterloo, Iowa, a municipality, with the legal address of 715 Mulberry
Street Waterloo, IA 50703, hereinafter referred to as the "CITY". The GRANTOR, as legal owner of or with
authority to permit access to the below described property, hereby Knowingly consents to and authorizes,
pursuant to the terms of this AGREEMENT, the CITY, its employees and other representatives to enter
upon and perform certain site assessment and monitoring activities. The purpose of the entry onto the
property is to perform investigation activities pursuant to the authority of Sections 104(b) and 104(e) of the
CERCLA of 1980, 42 USC 9604(b) and (e) et seq., as amended by the SARA of 1988.
To the parties joint and mutual consideration it is hereby agreed as follows:
1. The undersigned GRANTOR is the lawful possessor of certain real estate located at 408-41 Q Eesii
51' Street in the City Limits of Waterloo, Iowa (insert legal address), hereinafter referred to as the
"TARGET PROPERTY".
2. The GRANTOR hereby conveys to the CITY, its employees, representatives, agents, contractors,
aocess to the TARGET PROPERTY identified above for the purpose of conducting a Phase I
Environmental Site Assessment (ESA) and environmental sampling activities, if Indicated. The Phase I
ESA may include a site tour and interviews with knowledgeable persons. Subsequent sampling activities
may include the collection of surface and subsurface soil and water samples, Access to subsurface
samples will be through drilling holes, removing soli, installation of monitoring wells, removal of
groundwater, removal of well materials, and sealing of holes. The ground surface will be restored to prior
sampling conditions.
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 herein, or to
undertake any actions regarding the use of the TARGET PROPERTY, which would endanger the health or
welfare of the CITY, rts employee's representatives, agents, contractors or the environment, or allow others
to use the TARGET PROPERTY in such a manner,
6. The CITY shall indemnify and hold harmless the GRANTOR against any damage to the TARGET
PROPERTY arising from the CITY'S presence on the premises.
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 work plan on TARGET
PROPERTY and will be liable for damages and cost of repairs.
10. The CITY will split samples with the GRANTOR'S representative upon given 48-hour notice of
request. The GRANTOR shall provide Its own sample containers and will be responsible for all delivery,
chain-of-custody documentation, analytical, and disposal costs.
11. The CITY will provide the GRANTOR with a list of samples collected, copies of analytical results,
and the location where samples were collected.
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2 The CITY will give the GRANTOR at least 48-hour written notice of the initiation of sampling I
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'S
representatives to receive notice are as follows:
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. by 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 shell 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 1 Q`" day of December, 2007.
GRANTOR CITY OF WATERLOO
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An Aut ri ry
/ Ti t� uY r'Lh�-o
ATTEST:
An Authority Signatory —'
(if applicable) City Cle
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