WORK PLANS - Laserfiche WebLink

Home Browse Search

ACCESS AGREEMEN'l This Access Agreement ("Agreement") is made and entered into this 4th day of March, 2024 (the "Effective Date") by and between Super Store Industries ("Owner") and C&S Wholesale Grocers, LLC and GreenBox Systems LLC (collectively, "Prospective Buyers"). Owner and Prospective Buyers are collectively referred to herein as the "Parties" and singularly referred to herein as a"Party." RECITALS A. WHEREAS,Owner is the current fee owner of real property known as the Super Store Industries Warehouse Property located at 16888 McKinley Avenue, Lathrop, California 95330(APN No. 198-160-26)("Property"), B. WHEREAS, in connection with a potential real estate transfer of Property, Prospective 1 Buyers desire to investigate the environmental condition of Property by conducting a Phase 11 investigation. C. WHEREAS,Prospective Buyers have retained Arcadis U.S., Inc. ("Arcadis") as a consultant and agent to perform work for the Phase lI investigation. D. WHEREAS,Prospective Buyers request permission for access,entry, and work to be performed on the Property as anticipated and set forth in Attachment A. E. WHEREAS,Owner hereby grants such permission to Prospective Buyers upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants, conditions and agreements hereinafter set forth,and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows; L AC :E 'S AGREEMENT. Owner hereby grants and conveys to Prospective Buyers and such of their trustees, employees, agents, representatives, contractors, subcontractors, affiliates,and carriers,including Arcadis,(hereinafter referred to collectively as"Agents"), the right to access the Property for the purposes set forth in Attachment A including, as may be necessary or desirable,ingress and egress for all equipment and materials necessary for the performance of the activities contemplated in this Agreement. 2 SCOPE. The Agreement shall be for access, entry,and work to be performed as set foilh in .Altachment.A hereto("Access Activities"). Prospective Buyers and their Agents will make commercially reasonable efforts to minimize interference with Owner's enjoyment and use of the Property while completing the work set forth in Attachment A; provided, however, that the foregoing shall not obligate Prospective Buyers to conduct such Access Activities outside of normal business hours unless such activities would be likely to unreasonably interfere with actual operations at the Property. Prospective Buyers and their Agents will work with Owner to confirm the date of the start of the Access Activities and shall notify Owner at leas( two business days in advance of the commencement of any invasive Access Activities(as opposed to access for inspections,planning,etc.). Prospective Buyers and their Agents shall notify Owner at least 12 hours in advance of all other, non-invasive Access Activities, 3. TERM AND TERMINATION. Owner may at any time, in its sole discretion, irunedialely terminate this Agreement by written notice to Prospective Buyers, without incurring any 919w i 1 1 4888J368 9'169.2