HomeMy WebLinkAboutGuillon Peterson Enterprises 2025-06-25COU No. 2425-234
June 25
AGREEMENT.
In consideration of the above-recited facts and the terms and conditions as further stated herein,
the parties agree as follows:
1. Ri_ght of Entry, Inspection, and Sample Gathering. During the term of this Agreement,
Owner hereby grants the City a right of access and use and authorizes the City to enter the
Property in order to perform the Work as described in the Plans and Special Provisions and
depicted in Exhibit A. Authorized site work includes, but is not limited to, abandonment of
monitoring wells by over-drilling using hollow stem augers of an appropriate diameter for each
respective well, removal of the well casing and all associated materials (i.e., sand, grout, concrete
and bentonite), backfilling of the boreholes from the bottom to approximately six inches below
ground surface with neat cement grout using tremie pipe to prevent bridging, and removal of all
monitoring well boxes.
2. Term. The term of this Agreement begins on the Effective Date and continues until
December 31, 2025, unless earlier terminated as provided in paragraph 10, below.
3. Work to be Performed. The City shall provide everything necessary to perform and
complete the Work. The City shall have sole responsibility for the Work performed and shall be
responsible for directing and controlling the manner and means of accomplishing the Work.
4. Notification. The City shall give a minimum of 24-hour notice to the Owner before
entering the Property to perform any part of the Work, unless otherwise authorized by the Owner.
5. Applicable Law and Regulations. In exercising its rights under this Agreement, the City
will comply with all applicable laws, statutes, regulations, ordinances, or directives of whatsoever
nature with respect to the Work including, without limitation, all health, safety, and environmental
laws, directives, ordinances, regulations, or statutes applicable to the Work.
6. Restoration. The City shall avoid interfering with the Owner's use of the Property. Upon
completion of any and all activities contemplated by the Work Plan including, without limitation,
over-drilling, backfilling, response and remediation activities, and/or cleanup of any affected area
of the Property, the City shall repair and restore all affected areas of the Property to its original
condition existing before commencement of the Work, or to an "improved" condition if the property
is improved, or as close thereto as is reasonably possible.
7. Indemnification. The City will indemnify the Owner for any damage to the Property
caused by City while performing work pursuant to this Agreement. The City will indemnify and
defend the Owner against any claim by a third party against Owner for damages or personal
injuries, including death, which damages are proximately caused by the negligent or willfully
wrongful act or omission of City in performing under this Agreement. The City will provide proof
of comprehensive general or commercial liability insurance or comparable coverage from joint
powers agencies providing the equivalent of insurance coverage to the City and provide Owner
with a policy declaration, naming Owner as additionally insured. The City shall provide Owner
with written notice of any cancellation of coverage and shall renew insurance certificates as they
expire.
Access Agreement—Monitoring Well Abandonment Project Page 2 of 3
06/26/2025
_ EXHIBIT A
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