HomeMy Public PortalAbout055-2011 - SITE ACCESS _IDEM_ AGREEMENT - gasSITE ACCESS AGREEMENT
PERMISSION TO ENTER PROPERTY
INDIANA BROWNFIELDS PROGRAM
This Site Access Agreement ("Agreement") is made by and between City of Richmond ("Owner"), the Indiana Brownfields
Program ("Program"), and Keramida, Inc. ("Consultant") regarding the Owner's property located at 16 East Main Street
("Site"), Site Identification Number 4980004. The access is given in connection with site activities to be conducted primarily
with funding 128(a) Site Specific Activities. The Program requests permission for the Consultant to enter the Site for the
exclusive purposes of conducting environmental investigation potential or actual contamination.
1. Owner hereby gives permission to the Consultant or other authorized environmental contractors, Indiana Department of
Environmental Management ("IDEM ") employees, Indiana Finance Authority ("IFA") employees, or other designees
authorized by the Program and/or the Consultant (collectively, "Authorized Parties") to enter upon the Site to perform
investigation activities at the Site. This permission is effective immediately upon the execution of this Agreement by Owner
and the Consultant and acceptance of the Agreement by the Program.
2. The permission granted by Owner under this Agreement is contemplated to be used for the following activities that may
be performed by Authorized Parties:
a. Having access to areas where contamination may exist, including areas where underground storage tanks ("USTs"),
aboveground storage tanks ("ASTs") or petroleum releases are, or are suspected to be, located;
b. Investigation of soil, sediments and groundwater, including, but not limited to, the installation of soil borings, test
pits and/or groundwater monitoring wells, the use of geophysical equipment, the use of drilling equipment for
collection of soil and sediment samples, the logging, gauging and sampling of existing wells, video taping,
preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water,
sediments, air, soil vapor or other material deemed appropriate by the Program and the like.
c. On -Site observation and oversight of environmental investigation activities.
d. Disclosure of environmental information as required by law.
3. Upon completion of the investigation, Authorized Parties will restore the property as near as practicable to its condition
immediately prior to the commencement of such activities.
4. The granting of this permission by the Owner is not intended, nor should it be construed, as an admission of liability on
the part of the Owner or the Owner's successors and assigns for any contamination discovered on the Site.
5. Authorized Parties may enter the Site during normal business hours and may also make special arrangements to enter the
Site at other times after agreement from the Owner.
6. Authorized Parties shall enter upon the Site at their own risk, and Owner shall not be held responsible or liable for injury,
damage, or loss incurred by any Authorized Party arising out of or in connection with activities under this Agreement, except
to the extent that any injury is caused due to the acts or omissions of Owner, any lessee of the Site, or any employee or agent
of the Owner.
7. Neither the State nor the IFA is providing any indemnification, either jointly or severally, to the Owner, the Consultant
or its agents, assigns or designees.
8. The Program will supply to Owner all information derived from the environmental investigation activities conducted at
the Site. The Program may use such information for any purpose at the Program's sole discretion. The Consultant will hold
in confidence all such information except as instructed by the Program and the Owner or as required to be disclosed by law.
Contract No. 55-2011
9. In exercising its access privileges, Authorized Parties will take reasonable steps not to interfere with the Owner's
operations on the Site.
10. Authorized Parties will give notice to the Owner at least one (1) week in advance of the start of field activities on the
Site.
11. Owner ensures that Owner and any/all Site operators will give Authorized Parties access to the entire Site for the
purposes set forth in this Agreement.
12. Any party to this Agreement may terminate this Agreement by giving two (2) months advanced written notice, or all
parties may terminate the Agreement at any time by written agreement.
13. This Agreement shall expire upon the Program's issuance of a Comment Letter to the Owner indicating completion of
project activities under the 128(a) grant award.
"SITE OWNER"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By: S/S Vicki Robinson
Vicki Robinson, President
By: S/S Dian Lawson
Dian Lawson, Member
By: S/S AnthonyL. Foster
Anthony L. Foster, II, Member
Date: March 24 2011
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: March 25 2011
Site Owner's Telephone Number: 765-914-3184
Site Owner's Mailing Address (if other than Site
address):50 North Fifth Street Richmond, Indiana
"CONSULTANT"
For the benefit of Keramida Inc.:
S/S Douglas B. Zabonick
Douglas B. Zabonick
Print Name
President
Title
Date: A ril 1 2011
Accepted by the Indiana Brownfields Program by:
S/S Andrea Robertson Habeck
Andrea Robertson Habeck, CHMM
Senior Environmental Manager
Indiana Brownfields Program
Date: —April 1 2011
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