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SITE ACCESS AGREEMENT
This Site Access Agreement (Agreement) is made and entered on the/ day of June, 2013 by
and between August Mack Environmental, Inc. (Grantee) and the City o 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) and depicted in
Exhibit A.
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 for the purpose of conducting three (3) soil borings with
hollow stem auger (HSA) to bedrock (approximately 30 feet below grade) and installing
three (3) wells at those locations. For informational purposes, a diagram indicating the
general location of the borings is attached as Exhibit A to this Agreement. Please note that
locations on municipal property are marked with blue circles on the figure.
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 shall 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) remove
any and all equipment installed and shall restore the Right of Way to the condition in which
it existed prior to the signing of this Agreement. 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.
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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
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Grantor
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