FIELD DOCUMENTS_2008-2015 - Laserfiche WebLink

Home Browse Search

ACCESS AGREEMENT BETWEEN AND Bank of Stockton This Access Agreement ("Agreement") is effective as of September 4, 2012 by and between ("ARCADIS U.S., Inc. (ARCADIS)"), located at 2 0 0 0 P o w e I I S t r e e t, 7'h F l o o r, Emeryville CA 94608, and Miner Joaquin Building CorporationCTroperty Owner"),located at P.O. Box 1110, Stockton CA 95201. This Agreement is entered into by ARCADIS in furtherance of an environmental investigation being conducted by ARCADIS on behalf of the Lincoln Center Environmental Remediation Trust ("Client") and ARCADIS desires access to the property shown as well location A2 on the attached figure(the"Property')accordingly. NOW,THEREFORE,in consideration of the promises set forth below,the parties hereby agree as follows: 1. RIGHT OF ENTRY Property Owner hereby grants ARCADIS and its subcontractors a right-of-entry to enter the Property for the purpose of performing the services described in Exhibit 1 to this Agreement("Work"), Property Owner acknowledges that additional work related to, or arising out oC the Work may be required ("Additional Work"). Prior to the performance thereof, ARCADIS shall provide Property Owner with a description of the Additional Work and the estimated extension of this Agreement, if any, which, if approved by Property Owner, shall be incorporated into and made a part of Exhibit 1. Property Owner may,in its sole discretion,refuse to grant ARCADIS access to the Property to perform Additional Work. 2, COMPLIANCE All Work and any Additional Work shall be performed in accordance with (a) the terms of this Agreement, (b)applicable laws,regulations and ordinances,and(c) site rules and regulations provided by Property Owner to ARCADIS. 3. NON-INTERFERENCE ARCADIS agrees to use its best efforts to avoid any material interference with Property Owner's use of the Property unless contemplated in the Work or any Additional Work.Property Owner shall notify ARCADIS it at any time, ARCADIS'activities unreasonably interfere with Property Owner's use of the Property or its interests.Thereafter,the Parties shall meet and confer in good faith to resolve the matter. 4. CESSATION OF WO[LK Property Owner shall have the sole right to require an immediate cessation of the performance of the Work or Additional Work when such activities present or contribute to:(a)a potential for damage to the Property or other facilities located on the Property, (b) an endangerment to public health, welfare, or the environment;or(c)a noncompliance or violation of applicable laws,regulations,or ordinances. 5. LIENS ARCADIS shall keep the Property free and clew from any and all mechanic's, materialmen's, contractor's or subcontractor's liens for labor, equipment or materials in connection with the Work or any Additional Work Access Agreement 2010 1