FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

SOIL BORING ACCESS AGREEMENT SANDHU PROPERTY 4010 East Fremont Street, Stockton, California Advanced GeoEnvironmental, Inc. (AGE) is hereby granted permission, solely as to the single time and date to be mutually agreed upon, to advance and drill soil borings in that location of the real property identified as 4010 East Fremont Street, Stockton, California ("SANDHU PROPERTY"), which is specifically shown on the attached Site Plan. This soil boring will be carried out for the sole purpose of conducting an assessment of ground water as the result of contamination from former underground storage tanks (USTs) previously located on the adjacent property located at 4100 East Fremont Street in Stockton, California ("GREWAL'S PROPERTY"). All investigation will be performed under a directive/approval by the San Joaquin County Environmental Health Department and Central Valley Regional Water Quality Control Board. All costs for performance of the subsurface investigation will be the sole responsibility of the GREWAL'S PROPERTY (Mr. Rick Grewal). The GREWAL'S PROPERTY will be solely responsible for all liability, costs and expenses for investigation and remediation of impacted soil and ground water associated with the above referenced soil borings and/or contamination. All work at the site will be performed by AGE or subcontractor's on behalf of the GREWAL'S PROPERTY and shall be completed on the same day such work is initiated. In the event any contamination is found on the SANDHU PROPERTY, the GREWAL'S PROPERTY shall indemnify, protect and defend, with counsel reasonably acceptable to Kulwant Sandhu ("Sandhu") and hold harmless Sandhu and their heirs, successors and assigns for, from and against any and all claims, damages, costs, liabilities and losses (including mechanics' liens) and expenses (including, without limitation, attorneys' fees) (collectively, "Claims") arising out of AGE's investigation or that of its agents, representatives, consultants or contractors and the results of that investigation, including, but not limited to, the costs of remediation of any contamination found thereon. The indemnity obligations contained herein shall survive the completion of the investigations and assessments described above. Before AGE and/or its agents, representatives, employees or contractors enter the SANDHU PROPERTY, AGE and the GREWAL'S MARKET shall have procured, and shall maintain, at their own cost and expense, a bodily injury and property damage (liability) insurance policy, covering the activities of AGE on the SANDHU PROPERTY, including the cost of any anticipated remediation, with a combined single limit of not less than $1,000,000.00 per accident or occurrence, issued by a company approved by Sandhu, which approval shall not be unreasonably withheld. Before AGE enters the SANDHU PROPERTY, AGE shall provide an appropriate Certificate of Insurance to Sandhu,which shall name Sandhu as an additional insured and shall provide that such insurance shall not be canceled nor Sandhu eliminated as an additional insured except after thirty (30) days written notice to Sandhu. AGE agrees that its insurance shall be primary as to any other liability insurance maintained by Sandhu.