SR0085490 - Laserfiche WebLink

Home Browse Search

ACCESS AGREEMENT Effective as of June 3, 2022,Ripon Fire Department, (hereinafter referred to as"Owner") hereby grants to Nestle USA,Inc. and its affiliated companies together with its and their respective consultants and contractors(hereinafter jointly and severally referred to as"Nestle") the right to enter Owner's property located at 142 South Stockton Ave., Ripon, California (hereinafter the"Property") by appointment to conduct an indoor air and soil gas survey (the "Activities") under the following terms and conditions: 1. Term. This access agreement("Agreement")shall extend for a period of one year from the date first set forth above; provided, however, that this Agreement may be extended upon Nestle giving written notice of such extension to Owner. 2. Purpose. The Investigation is required to respond to a request by the California Regional Water Quality Control Board to conduct a soil gas and indoor air study in the vicinity of the Nestle's former site at Industrial Avenue,Ripon, California. 3. Activities. The Investigation will consist of conducting an indoor air survey that includes entering the building to assess sampling locations, performing a chemical inventory of the premises and collecting air samples at the Property. The investigation shall also consist of installing a soil vapor sampling probe and collecting soil vapor samples. 4. Access. At least twenty-four (24) hours prior to undertaking any sampling activities, on the Property, Nestle will give Owner notice of its intention to enter the Property. 5. Non-Interference. Only those individuals who are involved in the conduct of the Investigation and such equipment as is necessary to conduct the Investigation shall enter onto the Property and Nestle shall make reasonable efforts to avoid interfering in any way with activities being conducted on the Property by Owner. 6. Compliance with Laws. Nestle will conduct the Investigation and will dispose of any materials, including sampling equipment, used or generated as a result of said Investigation in compliance with all applicable Federal, state, and local laws and regulations. 7. Indemnification. Nestle shall be responsible for and shall indemnify and hold Owner harmless from and against any and all claims, demands, losses, damages, penalties, and expenses directly caused by the willful, negligent, unlawful, or unauthorized actions performed by Nestle under this Agreement. 8. Test Reports, At Owner's request, Nestle shall provide to Owner copies of raw data of the tests conducted on the Property. 9. Non-Liability. Nothing in this Agreement will constitute any admission that Nestle is responsible for or liable in whole or in part for any contamination which is found on the Property during or after the Investigation.