SR0083983 (2) - Laserfiche WebLink

Home Browse Search

the Property for any purpose. In the case of an emergency, Munzer or the Responsible Parties will not be required to give 24 hours notice, but will give as much notice as possible. 5. ISG's Obligations. ISG will have no obligations to maintain the trees, irrigate the trees or operate any remediation equipment relating to the Existing Contamination. But, ISG agrees that it will not cut down, trim, remove or disturb the trees in any way without prior approval from Munzer or the Responsible Parties. ISG further agrees to allow Munzer or the Responsible Parties to operate irrigation equipment from utility hookups on the Property. Munzer or the Responsible Parties will compensate ISG for the cost of any utilities used to irrigate the trees or to operate the remediation equipment. 6. Right to Assign Easement Agreement. ISG grants Munzer the right to assign the easement, or any part of it, to one or more assignees. 7. Limitations. The easement reserved in this Easement Agreement is limited to remediation purposes only. The Responsible Parties may not conduct any other business.or activities on the Property other than those associated with cleaning up the Existing Contamination. 8. Operation and Maintenance. The Responsible Parties or their designee will bear all costs and expenses related to the operation and maintenance of the trees, or any other remediation equipment or remediation activities on the Property. 9. Access. Nothing contained in this Easement Agreement provides public access to any portion of the Property subject to this easement. Nothing in this Agreement prohibits Munzer from granting access to the Responsible Parties provided that they comply with this Agreement, and in particular paragraph 4 above. 10. Termination of Easement. This.easement will terminate upon receipt of regulatory closure in the form of a No-Further Action Letter or other letter of completion from the California Regional Water Quality Control Board, any successor entity or any other governmental agency with jurisdiction over the Property. Prior to termination of the easement, Munzer or the Responsible Parties will properly abandon all groundwater monitoring wells and piezometers. Upon issuance of the No-Further Action Letter or other letter of completion, such letter will be promptly recorded with the San Joaquin County Recorder. 11. Execution. This Easement Agreement may be executed in one or more separate counterparts, each of which, when so executed, shall be deemed to be an original. Any executed original counterpart copy hereof, together with the original signature pages of any other executed counterpart copies hereof, shall constitute and be one and the same instrument. 12. Recording. This Agreement shall be recorded in the official records of San Joaquin County, California. 3 1056879.1