HomeMy WebLinkAboutAugust Mack Enviromental (2) SITE ACCESS AGREEMENT
This Site Access Agreement (Agreement) is made and entered on the 11 day of 1j jj e b C,
2013 by and between August Mack Environmental, Inc. (Grantee) and the City of Jeffersonville,
Indiana (Grantor). Grantor grants to Grantee, a right to conduct the activities set forth below in
Paragraph 1 (Activities) on the right of way owned by Grantor (Right of Way).
NOW THEREFORE, in consideration of the mutual promises and covenants herein, and intending
to be legally bound, Grantee and Grantor agree as follows:
1. Site Access: Grantor grants Grantee and its employees, agents or representatives permission
to enter upon the Right of Way to install four (4) monitoring wells, and perform soil gas
sampling at three (3) locations in the sewer backfill. Exhibit A to this Agreement indicates the
proposed location of the borings and sampling. In addition, Grantor grants Grantee and its
employees, agents or representatives permission to conduct a geophysical study in the locations
depicted on Exhibit B attached to this Agreement.
2. Permits /Compliance with Laws: Grantee shall be responsible for obtaining any and all
necessary utility clearance. Grantee shall comply with all applicable local, state and federal
laws while conducting the Activities on the Right of Way.
3. Term of Agreement: The access granted herein will extend from the date first above written
for a period of time as may be required for Grantee to complete the above described Activities
in accordance with the applicable regulatory requirements.
4. Upon Completion: Upon completion of the Activities set forth herein, Grantee shall enter upon
the Right of Way and (unless directed to do otherwise by Grantor in writing) shall restore the
Right of Way as closely to the condition in which it existed prior to the signing of this
Agreement as is reasonably possible. This Agreement will automatically terminate upon
removal of all equipment and restoration of the Right of Way in accordance with the standard
previously described.
5. Modifications to Right of Way: If during the term of this Agreement, Grantor intends to
perform construction or major modifications to the Right of Way, which may impact Grantee's
Activities or access, Grantor will provide reasonable notice to Grantee in order to avoid, to the
extent possible, disruption of Grantee's Activities.
6. Indemnity: Grantee will indemnify, defend and hold harmless Grantor from all actions, claims,
demands, liabilities and consequences for losses or injury to persons or Right of Way arising
as a direct result of Grantee's, or any party acting on behalf of Grantee, exercise of its rights
under this Agreement.
7. Release: Grantee hereby agrees to release Grantor from any liability related to or arising out
of the Activities.
Site Access Agreement Page 2
8. Risk of Loss: This Agreement is in accommodation given to Grantee, which agrees to exercise
those privileges at its own risk.
9. Governing Law: The law of the State of Indiana will apply to the interpretations of this
Agreement and to the resolution of any disputes arising out of the matters set forth herein.
10. Severability: If any term or condition of this Agreement is determined to be invalid or
unenforceable, the remainder of the Agreement will remain in full force and effect.
11. Binding Effect: This Agreement will inure to the benefit of and be binding upon Grantee, and
the Grantor's agents, employees, representatives, heirs, successors and assigns.
12. Entire Agreement: This Agreement constitutes the entire agreement between Grantee, and
Grantor.
13. Notices: All notices, correspondence or other communications shall be directed to each party
at their respective addresses provided below.
To Grantee: Jim Berndt
Senior Manager
August Mack Environmental, Inc.
1302 N. Meridian St., Suite 300
Indianapolis, IN 46202
Telephone: (317) 916 -8000
Fax: (317) 916 -8001
To Grantor:
L/1/ �,l/ J,/ ,!% ®4
dr &WSW ACM War
_miriewirr
- ;if -- 0
.4e.
Site Access Agreement Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Agreement at their respective
locations on the date provided above.
Grantee
1
BY: % Jai, a / �
PRI ' ED: 4 . 6Egi1/4/0`f
TITLE: c5-0vwr2 MAO G
S
Grantor
BY: 'LL.,,_
PRINTED:
TITLE: r/`
1
1
R " ti t x {
U]
.f
gy p•.•....
°�
,,,,k,s..„-,-,„',,,-- -. \,,,,,',.,.::. N , - - \ -,-....4** ' ''. - ' ' ''''i
'
m "fi °
i w. -
t
4if a _, p " 44 5 ' ', 4 M t ' ' -�
�, ,,,• Lard t ' } ^N
P
lit yt' 'k S kW y y k a 1 2 ,
.;:.: *\ it;, , , ,..!:.,, f ry « + V,a uFs $ " y " w '
Y
a' .. ^_ taut_ :„✓'.'"r' ', 'c x a , �+'k$K„
c
z
r "
yy
.� Wi n, , 0 h co
ry
Yx m , a" a v 1� x" y a ...
0
1 +w r `twn`*.. + . J ' : * '' , '
,.1t 'fr t I , V , „,,,, , ,. ,
„,,y."4,0,' �F • R 9 U V)
R L N 4J ..,. '4 ,,, A ,,,' - \ to,
t ,. Q Q.
+ 1�” Ada °°r' a .
4
.44:''''''” , r, II ��
r
d
. -
",
r ay -. • ,rr �, ..
y r ;
` a
•
4 "`
se
+ ► . �. .. ,
4 44 ' ! v M �
♦ p
0
AA
a
� A a a k A,tt.' �� . `:
f r
\
r ,M q ,'
*.*,.,,,,,,,,,, 4, .M,4,111,001''' ''''''
ifr 0,
a
<
W '
+ p"
\ . r.... R , •� n wo
yy 9
Cz 3
1
f
xw
Ci
"'1i.yp h
rA
iii
T 1.