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Home My WebLink About14- Perkins Access Agreement for sub-slab Depressurization nv5l OCT j 0 2013 October 18, 2013 LLA Lynn & Janice Perkins 802 Turnbera Ct, Bozeman, MT 59715 Subject: Access Agreement for Installation, Operation and Maintenance of Sub-slab Depressurization System and Other Mitigation Measures Dear Mr. & Ms. Perkins Previously you granted the City of Bozeman and its consultants access to your house to conduct indoor and sub-slab testing as part of an ongoing vapor intrusion study conducted to evaluate the possible migration of constituents, including volatile organic compounds (VOCs), from the Bozeman Landfill into surrounding properties. The results of that testing have been evaluated and the City is now recommending and seeking permission to install a sub-slab depressurization system or other possible measures to mitigate against any vapor intrusion that may be occurring from underground sources. This voluntary agreement has been prepared for the purpose of granting the City, its consultants, and contractors access to your house and property as needed to complete the design and installation of a sub-slab depressurization system or other mitigation measures. Before executing this agreement you are asked to review the terms carefully with your own representatives. If you have any questions during this process please don't hesitate to contact Rick Hixson, City Engineer at 406-582-2280 or Kirk Miller of Tetra Tech at 406-461-0234. Sincerely, Rick Hixson, City Engineer ACCESS AGREEMENT Mr/Ms Lynn, Perkins Mr/Ms Janice Perkins as Owner(s) of property located at 802 Turnbera Ct, (Property) grant the City of Bozeman (City), and its authorized consultants, and contractors access to the Property, including the interior of the house, as reasonable and necessary to design, install, operate and maintain a sub-slab depressurization system (System) consistent with Exhibit A or other mitigation measures which may include, but are not limited to, sealing any cracks and penetrations in the slab or foundation of the home, 1. Grant of Access. Owner(s) grant the City access reasonably necessary to design, install, monitor, and test the System and other mitigation measures (Permitted Activities). Thereafter the City shall have access to the Property at least twice per year, but not more than four times per year, to monitor and maintain the System, or as needed to repair or replace any System components. 2. Term of Agreement. This Agreement shall be in effect for ten (10) years from the date of execution. If the Parties agree it may be extended by any number of successive five (5) year terms. If the Agreement is not extended beyond its fixed term it shall continue year to year thereafter until terminated by either party. 3. Notice. The City shall contact Owner(s) to arrange for access to the Property as provided for here. Owners agree not to tamper with the System or to allow any person not approved by the City to tamper with or work on the System. In the event maintenance or repair is needed Owner(s) agree to notify the City as provided for here or as may be altered in writing: City Contact: Attn: City Engineer 20 East Olive Street PO Box 1230 Bozeman, IVIT 59771-1230 Owner: Lynn & Janice Perkins 802 Turnber[y Ct. Bozeman, MT 59715 4, Design. Prior to installation the City shall provide Owner(s) with final design plans and shall obtain Owner(s)' written approval to proceed. The System will be designed and installed to maximize effectiveness with minimal impact to the Property. 5. Insurance and Indemnification, Also prior to installation, City's contractor(s) will be required to provide City with evidence of adequate commercial general liability coverage naming the Owner(s) as additional insured(s) on a primary non-contributory basis. The City shall be responsible for any damage to the Property caused by the installation of the System or other mitigation measures and agrees to fully repair any such damage. 6. Installation Costs. The City shall ensure that no liens or encumbrances related to the System are placed on the Property and shall be responsible for all costs associated with the design and installation of the System or other mitigation measures. 2 7. System Ownership. The City shall own the System and shall be responsible for the cost of monitoring, operating and maintaining the System until otherwise agreed by the Parties or until this Agreement is terminated as provided herein. 8. Electrical Costs. Upon System installation the City shall pay Owner(s) a lump sum to cover projected cost of operating the System for the term of this Agreement based on the present value of the costs of operating the System for 10 years as shown in Exhibit B and should this Agreement be extended beyond the fixed term the City shall pay the Owners) an additional lump sum payment for the costs of operating the System for the term of any such extension until this Agreement is terminated. 9. Termination. At any time 60-days prior to the end of any Agreement term then in effect either party may, upon 60-days written notice to the other, terminate this Agreement. Upon termination, unless otherwise agreed to by the parties, the City of Bozeman agrees that it will, at the request of the Owner either convey the entire system to the owner or disconnect electrical service to the System and remove any components of the System requested by the Owner, and repair any damage to the Property that might have been caused in connection with any of the Permitted Activities, and to the extent reasonably possible return the Property to the condition it was in before Permitted Activities were conducted. 10. Binding on Successors. This Agreement is binding on the Parties and any person succeeding to the Parties' respective interests including agents, tenants, heirs, and assigns. Owner agrees to disclose this Agreement to any person or entity holding or accepting any interest in the Property. If the Property is rented, Owner(s) shall provide City with a copy of Exhibit C, "Tenant Acknowledgment" executed by any existing or future tenants, 11. No Admissions. Nothing in this Agreement may be construed as an admission of liability or as a waiver or release of any claim or defense that either Party may have related to vapor intrusion at the Property or otherwise. /1,,/j ,V A') J Ow - Printed Name (4igHature a Z2 e L e- Ll"Z-111n, Date: Owner- Printed Name ].r a ure Date) City of Bozeman Chris A. Kukulski, City Manager s' UTILITY ROOM CRAWLSPACE 0 BATH BEDROOM a z a , LIFT Q C] d% m' m' R - GAME ROOM a UP FF] Li a a FAMILY ` ROOM 4+ FIRE PLC. Lot BATH NOTE; BEDROOM 1. RADON EXTRACTION SYSTEM S CURRENTLY INSTALLED WITH BATH PERFORATED PIPE RUNNING ALONG PERIMETER OF ENTIRE HOUSE. 2. CURRENT EXTRACTION w SYSTEM IS INOPERABLE UNTIL BEDROOM EXTRACTION FAN IS INSTALLED. t w n Thal Ay 'h pansmW xthry snq' kp dut T d n d 6V T[7RATC ve"ws, mer N:xpst 7ETRA.TECH d.awaWPvlo,whb. d�p.od etl mN sur Xh p- fl S mde nt wpR,ho wwTA E YrgA T PAGrw wrvtip Nrtl ap pmAa y October 21,20 13 a 0 EXTRACTION POINT LOCATED PERKINS RESIDENCE. SUB-SLAB DEPRESSURIZATION PROPOSED VAPOR SYSTEM EXTRACTION, PIPING EM% I MONITORING POINT AND VAPOR MONITORING POINTS LOCATED EXHIBIT A d ro CRAWLSPACE UTILITY ROOM e�~ ci BATH z BEDROOM a p° LIFT -- GAME ROOM a UP El Li m , FAMILY ROOM NOTE; v 1. RADON EXTRACTION SYSTEM CURRENTLY INSTALLED WITH FIRE PLC. PERFORATED PIPE RUNNING Lol ALONG PERIMETER OF ENTIRE m HOUSE. BATH 2. INSTALLED FANTECH HP220 IN ATTIC AND PIPING UP THROUGH ROOF. INSTALLED 4" BEDROOM BALL VALVE PRIOR TO BATH PERORATED 3" POLY PIPE IN CRAWLSPACE. CRAWLSPACE COVERED AND SEALED WITH 15 MIL POLY. 00 o (BEDROOM c () ro v'S HOMEOWNER REVISED EXHIBIT-A ACKNOWLEDGEMENT(INITIALS) ThI CO.mp lYto XOyw.ntyrycau Goa.tYypnPgrv� f1+pm4wtofrETRATECHrhnmrawNsa-b 1—eevma .P,..d'.n.dth P wrm M0 TETRA TECH .Anmg I '+Inpreiairpm b�Celriber 11 2013 by TETRA r,-,.0.--ld I-,V Nl purpma al tlr8 pray".TmTRA TECH 4.,rod appro. pf Ar parrdrv�thnw dmcurr�Ma4�any atl{ratlen mr imam fieaUOrous nnadu..riNiayy LErRArECF'awr�een app�P. r VAPOR EXTRACTION PIPE PERKINS RESIDENCE (IN CRAWLSPACE) SUB-SLAB DEPRESSURIZATION Tom i 0 EXTRACTION POINT LOCATED SYSTEM EXTRACTION, PIPING VAPOR MONITORING AND VAPOR MONITORING POINTS A POINT LOCATED EXHIBIT A E (D a) a) C,4 ai0) co W Co M 0 Ctl (n 0 N CL ca e !E w co 0 EP 0 C3 CD M a co — CN 0 Lu P 0 0 M M W LO M M M M go Ck I— V- M M E r— M h T- CV 0 r+ IN r- co cc 00 m (n a CN m 't Lo Co o m 0 60!) o-,V3 Z, qw ii v C WCU 6F)- E E o cc to LA w Ci 13 (N m St LO (D 1- 00 07 o E 0) M w LU cz Son o N S1 o 2 LO 15 was y� eta ............ 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