HomeMy WebLinkAboutDYER BUSINESS ASSOCIATES 1
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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.
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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.
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IN WITNESS WH~REOF, Owner has executed this License and Right of Entry
this3':;::; day of ~Y>r\~~~/, 2004.
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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 ~
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PATRICIAE. HEALY
City Clerk
CITY OF SANTA ANA
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City Manager
APPROVED AS TO FORM:
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.{:< J uSEPH W. FLETCH R
City Attorney