HomeMy WebLinkAboutTerracon Consultatnts, Inc.-Right of Entry and Indemnity Agreement-11.16.2009 RECOVERY. GOV
IOWA DEPARTMENT OF NATURAL RESOURCES
RIGHT OF ENTRY AND INDEMNITY AGREEMENT
This Agreement is made this e day of A/MAW, 20 69 , by and between the City of
Waterloo, Iowa ("Property Owner"), and Terracon Consultants, Inc. ("The Contractor") (jointly the
"Parties").
The Iowa Department of Natural Resources ("DNR") has entered into a contract ("Contract") with The
Contractor to conduct certain environmental corrective action at the underground storage tank (UST) site
located in the right of way near property located at 225 E. 91h Street, Waterloo, Iowa ( the"Property") and
identified by DNR Registration No. 197910573 and DNR LUST No.9LTM87.
This corrective action may involve the removal of USTS, excavation of soil and surface covering, the
placement of temporary boreholes and permanent groundwater monitoring wells, periodic onsite sampling
of soil and groundwater and other remedial action. The Parties wish to establish reasonable terms for
access to the Property, now and in the future.
The Parties, for valuable consideration, agree to the following:
1. Property Owner is an owner of the Property and authorized to grant access to the real estate
as provided in this agreement.
2. Property Owner agrees to allow The Contractor , it agents, employees and assigns, the right
to enter the Property for the purpose of permanently closing USTS by removal or filling in place and
completing a Tier 1 and/or Tier 2 site assessment in accordance with DNR administrative rules contained
in Chapter 567 IAC 135 and the Contract. This corrective action may include periodic soil and
groundwater sampling, soil and surface covering removal, the placement of temporary boreholes and
permanent groundwater monitoring wells and other corrective action as directed by the DNR
3. The Contractor agrees to provide the Property Owner reasonable notice in advance of entry
to the Property and a reasonable description of the actions to be taken on the Property.
4. The Contractor agrees to reasonably restore the property to the condition immediately prior
to entry. If concrete is required to be removed in the course of removing USTS and associated piping
and equipment, The Contractor agrees to replace the concrete with gravel.
5. The Contractor agrees to indemnify the Property Owner for all claims, losses, damages or
reasonable expenses to the extent they arise out of the performance of activities by The Contractor, its
agents, employees and assigns conducted on the Property.
6. This Agreement is effective upon execution by all parties. This Agreement shall terminate
upon written notice from the DNR that The Contractor has completed its obligations for corrective action
at the Property as provided in the Contract.
Dated this I L'day of 9�i(,VY y, 2063
Tim Hurley, Mayor
City of Waterloo, Prop rty Owner
Dated this day of , 20 .
Dennis Sensenbrenner, Project Manager
Terracon Consultants, Inc.
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