FIELD DOCUMENTS - Laserfiche WebLink

Home Browse Search

Bp WEST COAST pRODUCTS LLC by 0 ACCESS AGREEMENT BETWEEN Lincoln Properties AND BP West Coast Products LLC,a California Limited Liability Company. THIS ACCESS AGREEMENT is made as of October 25, 2007 (this "Agreement"), by and between Lincoln Properties, hereinafter collectively referred to as "Grantor", and BP West Coast Products LLC, a Delaware Limited Liability Company,hereinafter referred to as"Grantee". 1. RECITALS 1.1 Grantor owns certain real property located at 1614-1738 Hammer Lane, Stockton, California(the"Property"). 1.2 Grantee desires to drill on a portion of the Property borehole (the 'Borehole") and groundwater monitoring well (the" Well") and to perform assessment on the Property as required by or in accordance with applicable environmental laws and regulations, or as required by or acceptable to those regulatory agencies exercising appropriate jurisdiction(collectively,the "Work"), 1.3 The parties desire to enter into this Agreement to allow Grantee to install said Borehole and Well on the Property, periodic sampling of existing Grantor monitoring well (known by San Joaquin County as PW-I), and to provide access to the Property to Grantee or its representatives for the purpose of performing the Work authorized by this Agreement. 2. AGREEMENT In consideration of the above and the mutual covenants and agreements herein,the parties agree as follows: 2.1 Grantor hereby grants Grantee or its representatives permission to enter onto the Property for the purpose of performing the Work authorized by this Agreement. Grantor authorizes Grantee or its representatives to release any and all analytical geotechnical data and site assessment information obtained during the performance of the Work to appropriate government agencies. Copies of final assessment and remediation reports pertinent to the Property and provided to such agencies shall also be provided to Grantor. 2.2 Except in a case of an emergency, Grantee's environmental consultants will provide notice at least seven (7) days prior to each time they and/or their subcontractors enter the Property to perform the Activities; provided, however, that for any Activities that may continue for a time period extending over several days, BP's environmental consultants may give such notice by a single notice indicating the date of entry and estimated duration of Activities. 2.3 Grantee shall not permit any liens to stand against the Property for the Work done or materials furnished to Grantee, and Grantee shall indemnify, defend and save Grantor harmless from any such liens for the Work performed under this Agreement. Grantee will attempt to resolve any disputes over payment of fees owed by Grantee to any contractors performing any part of the Activities prior to the contractors' filing of any mechanic's liens against the Property. If Grantee's contractors file any mechanic's liens against the property, Grantee will take steps to remove the effect of such liens against the Property's title (i.e., by bonding off said liens, obtaining releases from the contractors, or taking other a