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Home My WebLink AboutBURRIS ENVIROMENTAL SERVICES INC TEMPORARY ACCESS AGREEMENT THIS TEMPORARY ACCESS AGREEMENT (the "Agreement ") is entered into this %7 day of /UPao -X 2010, by and between BURRIS ENVIRONMENTAL SERVICES, INC., a foreign corporation organized and existing under the laws of the State of South Carolina, as parties of the first part, hereinafter called ( "Burris "), and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, as party of the second part, hereinafter called ( "Augusta "). RECITALS: WHEREAS, Augusta owns those parcels of real property known by parcel identification number of 048 -0- 001 -01 -0 and which has a street address of 300 -330 Prep Phillips Drive, and that portion of parcel identification number 036 -1- 171 -01 -0, which is the right of way of Prep Phillips Drive also known as Riverfront Drive, which abuts parcel 048 -0- 001 -01 -0 (the "Property "); and WHEREAS, Burris has requested temporary access to the Property for the purpose of responding to a request from Augusta to conduct soil tests, geological studies, and any other desired inspections of the Property to assess soil and/or groundwater conditions at the Property; NOW, THEREFORE, Augusta does agree to grant Burris temporary access to the Property for the limited purpose of conducting soil tests, geological studies, and any other desired inspections of the Property; further Augusta acknowledges and authorizes Burris to engage the assistance of persons either under Burris' employ or acting as independent contractor to complete certain components of the geological studies contemplated by this Agreement. Burris does agree to the following stipulations: 1. Temporary access to the Property shall be granted only for the limited purpose of assessing soil and/or groundwater conditions. No other right, title, or interest in and to the property shall accrue to Burris. - Initial '1 Initial 2. Burris is strictly prohibited from storing or using anywhere on the Property, materials classified as toxic, hazardous, potentially harmful, environmentally damaging chemicals, or other contaminants under any state, federal or local law or regulation, and from engaging in any activity that produces such materials. Burris' obligations of indemnity as set forth in Section 5 herein specifically includes any cost, expenses, fines or penalties imposed against Augusta arising out of storage or use of any hazardous or toxic material by Burris, Burris' agents, employees, invitees or guests on the Property during the term of this Temporary Access Agreement. The only exception to the foregoing shall be investigation derived wastes, which may be generated as a result of the assessment activities of Burris. The parties hereto agree to coordinate as necessary to assure proper and safe temporary storage and disposal of any investigation derived waste products produced by Burris or its agents from the site at Burris' sole expense. 3. Burris' access to the Property shall continue for as long as is reasonably necessary to perform the work contemplated under this agreement, but in the event that access is necessary beyond one (1) year from the date of this Agreement, then the parties must so agree in a written amendment to the Agreement. 4. Burris shall be responsible for the costs incurred in conducting the assessment work to be undertaken by Burris as contemplated under this Agreement. 5. BURRIS AGREES TO INDEMNIFY, RELEASE, AND HOLD HARMLESS AUGUSTA, GEORGIA, THE AUGUSTA - RICHMOND COUNTY COMMISSION, AND THEIR AGENTS AND EMPLOYEES FOR ANY CLAIMS, ACTIONS, JUDGMENTS, INJURIES, DAMAGES, HARM OR LOSSES, INCLUDING ALL COST OF DEFENDING AND ATTORNEY'S FEES INCURRED IN DEFENDING THE SAME, ARISING OUT OF, RELATED TO, OR AS A CONSEQUENCE OF BURRIS' USE OF AND /OR WORK WITHIN THE PROPERTY AS OUTLINED IN THIS AGREEMENT, EXCEPT AND TO THE EXTENT THAT ANY SUCH i nitial �`� i'S Initial CLAIMS, ACTIONS, JUDGMENTS, INJURIES, DAMAGES, HARM OR LOSSES ARE CAUSED BY THE NEGLIGENCE OR WILLFUL MISCONDUCT OF AUGUSTA OR ITS EMPLOYEES, AGENTS, INVITEES OR CONTRACTORS. BURRIS AND ITS EMPLOYEES, AGENTS, INVITEES AND CONTRACTORS ARE NOT TO BE CONSIDERED AGENTS, INVITEES OR CONTRACTORS OF AUGUSTA FOR PURPOSES OF THIS PARAGRAPH. TO THE EXTENT PERMITTED BY LAW, AUGUSTA AGREES TO INDEMNIFY, RELEASE, AND HOLD HARMLESS BURRIS, AND THEIR OFFICERS, EMPLOYEES AND AGENTS FOR ANY CLAIMS, ACTIONS, JUDGMENTS, INJURIES, DAMAGES, HARM OR LOSSES, INCLUDING ALL COST OF DEFENDING AND ATTORNEY'S FEES INCURRED IN DEFENDING THE SAME, ARISING OUT OF, RELATED TO, OR AS A CONSEQUENCE OF ANY ACTION OR NEGLIGENCE BY ANY PARTY ACTING ON BEHALF OF OR UNDER THE DIRECTION OF AUGUSTA, AT OR RELATING TO THE PROPERTY, EXCEPT AND TO THE EXTENT THAT ANY SUCH CLAIMS, ACTIONS, JUDGMENTS, INJURIES, DAMAGES, HARM OR LOSSES ARE CAUSED BY ACTIONS OR NEGLIGENCE OF BURRIS OR ITS EMPLOYEES, AGENTS, INVITEES OR CONTRACTORS. 6. Burris acknowledges that the access to the Property is granted to Burris in "as is" condition. Burris agrees to keep, maintain and preserve that portion of the Property it uses in substantially the same condition as now exists. Burris, at Burris' sole expense, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state and local authorities now in force or which may hereafter be in force with respect to the access and use of the Property as contemplated under this Agreement. Burris shall be responsible for all damage to the Property as a result of Burris' use under this Agreement. Upon the expiration or termination of this Agreement, Burris shall vacate the Property, leaving the Property in the same condition it was in on the date hereof. Burris has no responsibility or obligation for the condition of the buildings at the Property and Burris shall not be obligated to perform any work to repair said buildings. Augusta further acknowledges that the work contemplated hereunder will include intrusive boring into the subsurface, and the addition of boreholes, including pipes and caps is expected and the continued existence of such items at the expiration of this Agreement shall not constitute a breach of this provision. itial S'& Initial 7. Augusta shall have the right to immediately terminate this agreement should, at Augusta's reasonable determination, Burris violate any of the stipulations contained herein. 8. If any term or provision of this Agreement is declared invalid or unenforceable, the remainder of this Agreement shall not be affected by such determination and shall continue to be valid and enforceable. 9. Augusta retains for itself the right to enter upon the Property which is the subject of this Agreement for any purpose deemed by Augusta to be necessary. Burris agrees that they will not interfere with the ingress /egress to the Property by blocking the existing roads at any time. 10. Augusta has the right to be present whenever Burris or its agents access the Property and has the right to receive copies of all results from any sampling or testing that Burris or its agents conduct on the Property. Burris agrees to notify Augusta at least twenty -four (24) hours before it or its agents intend to access the Property and agrees to provide Augusta with the results of any sampling or testing that it or its agents conduct on the Property. 11. This Agreement constitutes the entire agreement between the parties relating to the matters set forth herein and shall supersede all present and prior written and oral agreements and understandings between the parties. This Agreement may be amended only by the mutual written agreement of the parties. The terms "Burris" and "Augusta ", as used herein, shall be deemed to mean their respective successors and assigns, and this Agreement shall inure to the benefit of and be binding upon Burris, Augusta and their respective successors and assigns. [SIGNATURES FOLLOW ON SUBSEQUENT PAGE] L- Initial `•f Initial IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and their seals on the day and year above first written. AUGUSTA, GEORGIA BURRIS ENVIRONMENTAL SERVICES, INC. Q-Te ■ie A , AW David S. Copenhaver, Mayor As its: -- P2c'S `-° Attest: Attest: / �` / /��/L / By: Lena J. Bo r r F,: ,..of Commission �� cm, 4 As Its: ® r ® ®v# • a te: ' • Q ' ` pi s` : �-]' 0 / ®• ' °K0 ° / • °• 1996- e OI ti` ERG 1 C Initial SA! Initial