Loading...
HomeMy Public PortalAboutRES-CC-2002-11RESOLUTION # 11-2002 A RESOLUTION ADOPTING AN AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF AIR MONITORING EQUIPMENT BY AND BETWEEN MOAB CITY, UTAH, AND THE UNITED STATES OF AMERICA — DEPARTMENT OF ENERGY WHEREAS, Moab City, Utah ("City") agrees to the installation of air momtonng equipment by the Department of Energy, NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL that 1 The attached agreement is adopted as presented 2 This resolutton shall be effective munedtately upon its passage PASSED AND APPROVED THIS 14th day of May, 2002 David L Salmson Mayor Rachel Ellison City Recorder Resolution 8 11-2002 Page 1 of 1 Air Monttonng Agreement No DE-R013-02GJ67279 UNITED STATES OF AMERICA DEPARTMENT OF ENERGY AGREEMENT FOR INSTALLATION AND MAINTENANCE OF AIR MONITORING EQUIPMENT THIS AGREEMENT, entered into by and between City of Moab hereinafter called LICENSOR, and THE UNITED STATES OF AMERICA, by and through the Department of Energy, hereinafter called the LICENSEE, WITNESSETH LICENSOR, in consideration of the faithful performance by LICENSEE of all activities and conditions herein contained, hereby grants, consents and agrees to the installation, maintenance and use, and nghts of ingress and egress to and from air monitonng station(s) and appurtenances The interest granted herein shall be a right of use of the property for the purposes descnbed herein The air monitonng station(s)are located as shown on Exhibit A (map) which is attached and made a part hereof Air monitonng station(s) 0121 The air monitoring stahon(s) and appurtenances and all equipment and tools for maintenance and use thereof placed in or upon the described property shall remain the property of the LICENSEE and may be removed by the LICENSEE at its own cost and expense at any time during the life of this agreement The equipment and appurtenances thereof shall be maintained by the LICENSEE in a good, safe, and workmanlike manner LICENSEE will be solely responsible for electricity needed for operation of equipment Upon removal or relocation of the air monitonng station(s) and appurtenances, the LICENSEE shall restore the descnbed property to as nearly as possible the same state and condition existing pnor to the installation of the air monitonng station(s) and appurtenances The LICENSEE agrees to cooperate to the extent allowed by law, in the submittal of all claims pursuant to the Federal Tort Claims Act (28 U S C § 2671 et seq ) for alleged loss, injuries, or damages, to persons or property arising from the acts of LICENSEE'S employees, acting within the scope of their employment, in the installation, use, maintenance, removal or relocation of the air monitonng station(s) and appurtenances The LICENSEE shall cause its contractors and subcontractors who enter the property under this agreement to carry reasonable liability insurance covenng nsk of liability caused by any of their achvihes If requested, LICENSEES contractors and subcontractors will provide the LICENSOR certificates evidencing insurance coverage LICENSEE shall be responsible for any loss or destruction of, or damage to, the LICENSOR's real and personal property caused by the activities of the LICENSEE in exercising any nghts hereby granted in this agreement, PROVIDED, that such responsibility shall be limited to restoration of such real and personal property to a condition reasonably compared to its condition on the effective date of this agreement by techniques of backftlling, seeding, sodding, landscaping, repair or replacement, and such other methods as may be agreed to between the parties Air Monitoring Agreement No DE-RO13-02GJ67279 SPECIAL CONDITIONS This agreement shall become effective on the date executed by the LICENSEE and shall continue in full force and effect for 5 year(s), unless earlier terminated by the LICENSEE upon 30 days wntten notice to the LICENSOR Should the LICENSEE terminate this agreement or abandon the air monitonng station(s) in question, the LICENSEE'S right of use shall revert to the LICENSOR LICENSOR and its lessee will be notified 48 hours pnor to entenng property under this agreement Installation, sampling and monitonng activities will be conducted dunng normal business hours, unless LICENSOR provides consent This agreement shall inure to the benefit of and be binding upon the successors, assigns, and transferees of the parties hereto LICENSEE UNITED STATES OFAMERICA DEPARTMENT OF ENERGY By Date Date 7av i d L 50.K. i sor, , Aayor Address Mr Brent Williams, Public Works Director City of Moab 470 Kane Creek Road Moab, UT 84532 Phone (435) 259-7458 2-0 2 CA2- Ci �l ofci PAY Bar M Chuckwagon (Background Locabon) 0117 RP 0117 Rn 0117-TLD Arches G_ Entrance Moab Site 011a-RP 01113Rn 011a-TLD Utah Division of Wildlife Resources �\-�0 0119-RP 0119-Rn 0119•TLD 0120•RP ---i _ j 0120-Rn 120 TLD / Portal RV Park City of Matheson ap Moab Wetlands Preserve ,X121 RP Moab Waste' 0121-TLD 0122 RP Water Plant 0122 Rn Py_0122 TLD Grand County Solid Waste f 45. 0123 RP Recycle Center 1 0123-Rn 0123-TLD 3 Kane Creek Road Location CA G 4.0* 41* O 0117 RP Radio Particulate Air Monrtonng Location ■ 0117-Rn Radon Mondonng Location p 0117-TLD Direct Gamma Monitoring Locaton --- Site Boundary —Hghway Streets Railroad River i Gs 2 0 2 Mlles FRE U S DEMRTMENT OF ENERGY GUANO JUNCTION OFFICE COLORADO Off srte Air Radon and Direct Gamma Mondonng Locations Moab Utah .,.11.... Apnt23 2002 X0004900-01 .vro.r.eQnavFou douse ay..Amami ia..