HomeMy WebLinkAbout14- Verellen Access Agreement for sub-slab Depressurzation ACCESS AGREEMENT
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locate at MrQ as Owner(s) of property
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, (Property) grant the City of Bozeman (City),
and its authorized consultants, and contractor's 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, MT 59771-1230
Owner: v_h 4 V1,KULtAl
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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.
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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 Owner(s) 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.
_a[t.e.Vuejlw Date: 1-6-14
Owner- Printed Name
Sigoure
tTrA Date:_ Q~ Le-)!A
Owner- Printed Name
'Sig, lure
Date:
City of Bozeman
Chris A. Kukulski, City Manager
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