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HomeMy WebLinkAboutJudicial Council of California, Administrative Office of the Courts, October 2011, Site Evaluation, 280 E. Standley, 289 N. Main( X) Exploration Project: New Ukiah Courthouse (X ) Survey Parcel: 280 E. Standley Street, Ukiah, CA 95482 ( } Construction 289 N. Main Street, Ukiah, CA 95482 APN: 002-192-01; 002-192-02; 002-192-03; 002-192-11; 002-192-14 TEMPORARY ENTRY PERMIT Permission is given to the Judicial Council of California, Administrative Office of the Courts and its officers, employees, agents, consultants and contractors, hereinafter collectively referred to as AOC, to enter, with all necessary equipment, upon property owned by The City of Ukiah, hereinafter referred to as Permittor, and described as, Address: 280 E. Standley Street, Ukiah, CA 95482 289 N. Main Street, Ukiah, CA 95482 For the purpose of site evaluation, including but not limited to environmental, archeological, and geotechnical analyses, and for such other incidental purposes as may be required, subject to the following conditions: 1. Reasonable precautions will be exercised to avoid damage and protect persons or property. If AOC shall disturb the property in the course of making such studies, tests and inspections, then AOC, at Its expense, shall restore the property to substantially the condition that existed prior to AOC's entry. 2. Permittor assumes no liability for loss or damage to property or Injuries to or deaths of agents, contractors or employees of State by reason of the exercise of privileges given under this Entry Permit. 3. AOC agrees to Indemnify and hold harmless Permittor, its officers, employees, agents and representatives from (a) any property damage or destruction caused by any act or neglect of AOC, (b) any Injury to, or death of, any person as a result of any activities of AOC, its consultants or contractors, and (c) any mechanics, materialmen, or other liens placed or filed against the property-as a result of AOC exercising its rights hereunder. AOC agrees also to either reimburse Permittor for any damage or destruction to its roads, buildings and fences, or other property, occurring by reason of the exercise of rights granted, or to replace or restore said property to its preexisting condition. AOC shall procure, or cause its contractors to procure, pay for and keep in full force and effect during the term of this Entry Permit an occurrence form commercial general liability policy with respect to the property and the activities of AOC and its contractors on or relating to the property In which the limits with respect to personal injury or death and property damage shall not be less than One Million Dollars ($1,000,000) per occurrence, Such insurance shall be written with insurance companies licensed in the state of California and holding a General Policy Holder's Rating of "A-" and a financial rating of "Vill" or better, as set forth in the most current issues of Rest's Insurance Guide. Prior to entering any portion of the property to conduct environmental studies or investigations thereon, AOC or its contractors shall deliver to Permittor certificates of insurance for the coverage required above naming Permittor as an additional insured together with evidence that the premiums have been paid. 4. This agreement shall automatically terminate (a) 6 months after the date this agreement is signed by Permittor, or (b) at any time by AOC or the Permittor giving to the other five (5) days advance written notice of termination. 5. Results of all studies and analyses may be shared with the Permittor, if requested, at no cost. 6. AOC shall conduct its due diligence investigations in accordance with all applicable laws. All work shall be performed by AOC in a good and workmanlike manner. All information, other than matters of public record, furnished to, or obtained through AOC's due diligence investigations of the Property shall be maintained in strict confidence by ROC, and not disclosed to any third party; provided, however, that AOC, its agents and representatives may disclose such information and data (a) to AOC's attorneys, prospective lenders, accountants, partners, consultants, and other advisors in connection with the transactions contemplated by this Entry Permit (collectively "Representatives") to the extent that such Representatives reasonably need to know such information and data in order to assist, and perform services on behalf of AOC; (b) to the extent required by any applicable statute, law, regulation, governmental authority or court order. The AOC will inform Permittor if representatives from other public agencies want to participate in on-site activities and/or request to receive copies of environmental data, documents, reports and Information obtained by the AOC; and (c) in connection with any litigation that may arise between the parties in connection with the transactions contemplated by this Entry Permit. 7. Notwithstanding any provisions of this Entry Permit to the contrary, AOC may not conduct any invasive testing of the Property, including but not limited to any soil borings, groundwater sampling or Phase II site assessment investigation, except on and subject to the following terms and conditions: (a) AOC shalt submit a proposed work plan ("Work Plan") to Permittor prior to commencing the proposed work and Permittor shall have ten (10) business days after receipt of such Work Plan to object and/or suggest modifications to the Work Plan. In the event Permittor objects and/or suggests modifications to the Work Plan, AOC and Permittor shall attempt to reach agreement on a mutually acceptable Work Plan, both parties acting diligently and in good faith. If the parties are unable to agree upon an acceptable Work Plan, either party may terminate this Entry Permit by written notice to the other within five (5) days after reaching such impasse. if the parties are able to agree upon an acceptable Work Plan, AOC shall proceed with such Work Plan in accordance with this paragraph. Any changes to the agreed upon Work Plan shall be subject to approval by Permittor, which shall not be withheld unreasonably. (b) Permittor, Its agent(s) and/or consultant(s) shall have the right to accompany AOC on all inspections of the Property and shall have the right to take "split" samples of all soil, groundwater and other samples collected by AOC and/or its consultants on, in, from or at the Property so long as Permittor does not unreasonably delay ADC's Inspections of the Property. (c) Any environmental documents, reports or information obtained by AOC with respect to the property shall be received, held and used confidentially In the same manner and on the same terms and conditions as set forth in paragraph 6 above. (d) AOC shall provide copies of all environmental data, documents, reports and information obtained by AOC with respect to the property to Permittor, if requested. . Agreed and Accepted By: AOC By: Name:Grant 5. Walker Title: Senior Manager, Business Services Dated: (Q 1,10 11 Approved as to form: Administrative Office of the Courts Office of the General Counsel By: q_L 0~ 61• . Name: Charles Martel Title: Attorney Date: 1,0, t d,;)1' 1