HomeMy WebLinkAboutCornerstone Property/City of CarmelAPPROV,FI) R TO
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ACCESS AGREEMENT
This is an Ace= Agreement enured into by and between the City of Carmel, Indian ("City")
and Cornerstone Properties, Inc. ("Comersmne"), to wit:
WHEREAS Comersione owns the real property and improvements located at 833 west Main
Street in the City (the "Cornerstone Property"); and.
WHEREAS City seeks permission for its own employees and agents for Its consultant, Troy
Risk, Inc, and any agents and subcontractors of same (individually and collectively, "Risk'); as
well as for the Indiana Depmanent of Environmental Management ("OEM") and IDEM's
employees and agents to collect soil, groundwater and related samples and borings from the
Cornerstone Property as part of an environmental investigation into a subsurface gasoline release
from the Marathon gasoline station located at 808 West Main Street In the City; and,
WHEREAS Cornerstone consents to the City and the City's employees and agents, to Risk and to
IDEM and IDEM's employees and agents entering, accessing, taking and removing soil,
groundwater and related samples and borings from the Cornerstone Property,
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree and state as follows :
1. The foregoing recitals are incorporated herein by this reference.
2. Cornerstone hereby CONSENTS to the City, to the City's employees end agents, to Risk,
to IDEM and to IDEM's employees and agents, enuring, ecoessmg taking and removing
soil, groundwater and related samples and borings from the Cornerstone Property, which
samples and borings will thereafter, when no longer needed or desired by the above persons
or entities taking and removing same, be disposed of by same in accordance with acceptable
industry practices and regulation.
3. All persons and entities taking and removing samples and borings wider and pursuant to
this Access Agreement shall take reasonable precautions to mmuni a any damage that might
occur to the Cornerstone Property from such actions and shall restore the Cornerstone
Property to as close to its original condition as is reasonably possible by no later than ten (10)
days after the Termination Date of this Access Agreement
4. This Access Agreement shall be is full fora and effect from and including the date an
which it is last signed by a party hereto and shall terminate (the "Termination Date") at
midnight an October 22, 2008.
SO AGREED.
("City")
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Title:
Date:
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Printed: aacnL- S? Q7 UL(-r N
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Witness:
REMAINDER OF'PAGEo
MTENTIONNLEY LEFT BLANK.
ACCEPTANCE
THE CITY OF CARMEL, INDIANA
BY AND THROUGH ITS BOARD OF
PUBLIC WORKS AND SAFETY
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Date:
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