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HomeMy WebLinkAbout14- Olsen Access Agreement for sub-slab depressurization ACCESS AGREEMENT Mr/Ms Carl Olsen Mr/Ms Sue Olsen as Owner(s) of property located at 753 St. Andrews Dr. , (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, MT 59771-1230 Owner: Carl & Sue Olsen 753 St. Andrews Dr. 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 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 r release of any claim or defense that either Party may have related to vapor intrusion at the/Property or otherwise. Date: Owner- Prim Name i 7 , _ 1 1) Signatur r-� 1 r n / SUE G a L�JG,V Date: i Owner- Printed me 4 ry Signature )VL"-6 Z -) Date: ) T it of Bozeman Chris A. Kukulski, City Manager 3