#07 - Site Access Agreement with Washington County CDA

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Site Access Agreement This Site Access Agreement ("Agreement") is made by and between the City of Lake Elmo ("Owner''), and the Washington County Community Development Agency (“Agency”) regarding the Owner's property located at 3510 Laverne Avenue North, Lake Elmo, Minnesota ("Site"). The Agency requests permission to enter the Site for the exclusive purposes of conducting environmental investigation activities. 1. Owner hereby gives permission to the Agency, or the Agency’s agents or assigns (including, but not limited to, Agency employees, authorized environmental consultants and/or contractors, including Stantec Consulting Services Inc.(Stantec), Environmental Protection Agency ("EPA") employees or contractors, Minnesota Pollution Control Agency ("MPCA") employees or contractors, or other designees authorized by the Agency (collectively, "Authorized Parties") to enter upon the Site to perform investigation activities at the Site. This permission is effective immediately upon the execution of this Agreement by Owner and the Agency. 2. The permission granted by Owner under this Agreement is contemplated to be used for the following activities that may be performed by Authorized Parties (detailed in Exhibit A): a. Investigation of soil and groundwater, including, but not limited to, the installation of soil borings, test pits and/or groundwater monitoring wells, the use of geophysical equipment, the use of drilling equipment for collection of soil and sediment samples, the logging, gauging and sampling of existing wells, videotaping, preparation of site sketches, taking photographs, any testing or sampling of groundwater, soil, surface water, sediments, air, soil vapor or other material deemed appropriate by the EPA's Brownfield Assessment Program ("Program") and the like. b. Survey of asbestos-containing material and lead-based paint conditions. c. On-Site observation and oversight of environmental investigation activities. d. Disclosure of environmental information as required by law. 3. Upon completion of the investigation, Authorized Parties will restore the property as near as practicable to its condition immediately prior to the commencement of such activities. 4. The granting of this permission by the Owner is not intended, nor should it be construed, as an admission of liability on the part of the Owner or the Owner's successors and assigns for any contamination discovered on the Site. 5. Authorized Parties may enter the Site during normal business hours and may also make special arrangements to enter the Site at other times after agreement from the Owner. 6. Authorized Parties shall enter upon the Site at their own risk, and Owner shall not be held responsible or liable for injury, damage, or loss incurred by any Authorized Party arising out of or in connection with activities under this Agreement, except to the extent that any injury is caused due to the acts or omissions of Owner, any lessee of the Site, or any employee or agent of the Owner. 7. The Program will supply to Owner all information derived from the environmental investigation conducted at the Site. The Owner and the Agency may use such information for any purpose at the Agency's sole discretion. Information will be held in confidence except as instructed by the Owner, the Agency, the Program, or as required by law. 8. In exercising its access privileges, Authorized Parties will take reasonable steps not to interfere with the Owner's operations on the Site.