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Environmental Health - Public
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2900 - Site Mitigation Program
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PR0505553
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Last modified
8/13/2020 1:26:37 PM
Creation date
8/13/2020 12:08:33 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
FIELD DOCUMENTS
RECORD_ID
PR0505553
PE
2960
FACILITY_ID
FA0006856
FACILITY_NAME
FRANKS FOOD MART
STREET_NUMBER
2072
Direction
W
STREET_NAME
YOSEMITE
STREET_TYPE
AVE
City
MANTECA
Zip
94336
APN
22202001
CURRENT_STATUS
01
SITE_LOCATION
2072 W YOSEMITE AVE
P_LOCATION
04
P_DISTRICT
005
QC Status
Approved
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EHD - Public
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5. The Central Valley Water Board, its employees, agents, and contractors shall <br /> promptly provide AT&T Corp. with true and correct copies of any and all: (i) test results <br /> relating to the samples taken at the Property; and (ii) reports and other written documentation or <br /> information submitted to or received from any governmental agency which is pertinent to the <br /> Property, if any. (Subparagraphs 5(i) and 5 (ii) are hereinafter referred to as"Information"). <br /> 6. The parties to this Agreement hereby acknowledge that access to the Property <br /> shall only be for the purpose of performing the Work. The Central Valley Water Board <br /> acknowledges and accepts its responsibility under applicable law, including the California Tort <br /> Claims Act, California Government Code section 810 and following sections, for damages <br /> proximately caused by tortious acts or omissions of the Central Valley Water Board's <br /> employees, agents, representatives, and contractors acting within the scope of their employment <br /> while on the Property. The Central Valley Water Board shall not permit or allow any <br /> mechanic's or materialman's lien of any kind related to the Work or access granted hereunder to <br /> be placed upon the Property. AT&T Corp. shall not be liable for any injury, damage, or loss at <br /> the Property suffered by the Central Valley Water Board, its employees, agents, representatives, <br /> and contractors unless such injury, damage, or loss was directly caused by the negligence or <br /> intentional acts on the part of AT&T Corp. and/or its employees. AT&T Corp. reserves the right <br /> to pursue the full range of actions permitted by law against any entity other than Central Valley <br /> Water Board and its employees for any claims or damages that may arise directly or indirectly <br /> from the performance of the Work at the Property. <br /> 7. The Central Valley Water Board agrees that it shall cause its contractors and any <br /> sub-contractors performing the Work to comply with the insurance requirements in Attachment <br /> C. For purposes of determining which requirements of Attachment C apply,the Work here is not <br /> considered to be "performing material restoration, recycling, clean-up, or cable removal." As a <br /> condition of executing this access agreement, AT&T Corp. requires Contractor to name AT&T <br /> Corp. and its Affiliates as additional insureds under the General Liability and Automobile <br /> coverage referenced in Attachment C. <br /> 8. This Access Agreement shall not, nor shall it be deemed to, create any <br /> relationship whatsoever between AT&T Corp. and the Central Valley Water Board, including <br /> that of joint venturers or landlord-tenant. AT&T Corp. has, and at all times shall have, an <br /> absolute, complete and unimpeded right to own, operate and otherwise manage the Property in <br /> its sole discretion. This Access Agreement is not nor shall be deemed to grant an easement or <br /> license to Interested Party. <br /> i <br /> 9. The Central Valley Water Board shall provide AT&T Corp. written notice at least <br /> thirty (30) days prior to the completion of the Work, which notice shall specify the date of i <br /> completion of the Work. This Access Agreement shall terminate on the date which is the earliest <br /> of: (a) the completion of the Work or (b) thirty (30) days following the termination pursuant to <br /> paragraph 4. <br /> 10. All notices required or desired to be given hereunder shall be given as follows: <br /> I <br /> 4 <br /> I <br />
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