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2900 - Site Mitigation Program
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PR0542201
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COMPLIANCE INFO
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Last modified
6/1/2021 4:35:41 PM
Creation date
6/1/2021 4:13:37 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
COMPLIANCE INFO
RECORD_ID
PR0542201
PE
2960
FACILITY_ID
FA0024238
FACILITY_NAME
JM EQUIPMENT COMPANY
STREET_NUMBER
1245
Direction
W
STREET_NAME
CHARTER
STREET_TYPE
WAY
City
STOCKTON
Zip
95206
APN
16323034
CURRENT_STATUS
01
SITE_LOCATION
1245 W CHARTER WAY
P_LOCATION
01
QC Status
Approved
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SJGOV\dsedra
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EHD - Public
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AGREEMENT FOR RIGHT OF ENTRY <br />TO DESTROY MONITORING WELLS <br />1141 & 1145 W Charter Way, Stockton, California <br />APNs: 163-230-110 & 163-230-120 <br />THIS AGREEMENT is made and entered into by and between Linda S Miles, Trustee <br />(hereinafter "Licensor") and Ground Zero Analysis, Inc., on behalf of the Geo <br />Properties, Inc. (hereinafter "Licensee"). <br />Licensor hereby grants to Licensee, it's agent, employees, and assigns the right to enter upon <br />the property highlighted in yellow on the attached Exhibit A (hereinafter "Property"), solely <br />for the purpose of destroying the existing groundwater monitoring wells also indicated on <br />Exhibit A. All of Licensee's activities are limited to that which is required to destroy the <br />groundwater monitoring wells. Licensor and Licensee acknowledge that Ground Zero <br />Analysis, Inc. is an agent solely of Licensee and not of Licensor. <br />This right of entry shall be subject to the following terms and conditions: <br />Licensee shall abandon the monitoring wells in accordance with all applicable <br />governmental regulations in force at the time of abandonment, including but not <br />limited to grouting and capping. <br />The Licensee agrees to repair or cause to be repaired any damage to the Property <br />resulting from entry onto the Property by Licensee, its agents, employees or assigns, <br />by restoring the Property to its condition immediately preceding the entry. <br />Licensee agrees to defend, indemnify and hold harmless Licensor against any and all <br />claims, causes of action, counter-claims and cross complaints, damages, liability, <br />costs and expenses, including but not limited to attorney's fees, for property damage <br />or liability in connection with Licensee's entry onto said Property. It is the duty of <br />the Agent of Licensee to inform Licensor of any and all damages to the Property. <br />Licensee shall be responsible, and hold Licensor free and harmless, and shall <br />reimburse Licensor for any and all damages as resulting from the time that any <br />subsurface irrigation piping or equipment may be unavailable to Licensor as a result <br />of Licensee's entry onto the Property. <br />Licensee agrees that if Licensor is made a party to any litigation or other action or <br />proceeding concerning this agreement, or Property or any other area on or about the <br />Property that Licensee is using, by reason of any act or omission by Licensee, then <br />Licensee shall further defend and hold harmless the Licensor and indernnify the <br />Licensor from all liability by reason thereof, including reasonable attorney's fees <br />incurred by Licensor, in such litigation and all taxable court costs. If either party <br />refers this agreement to an attorney for breach or default under this agreement, or if <br />an action is instituted on this agreement, or if any other judicial or non-judicial action <br />is instituted and an attorney is employed to appear in any such proceeding, the <br />prevailing party shall be entitled to recover from the party not prevailing its <br />1
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