HomeMy WebLinkAboutSCVWD - Right of Entry and Well Access AgreementRight of Entry and Well Access Agreement
State Well Number(s): 11 SO4E16F001, 11 SO4E16K001, 11 SO4E15M002 and 11 SO4E16GO03
Property APN(s): 841 -30 -012, 841 -30 -003 and 841 -29 -030
Well Location(s): 1500 Southside Drive, Gilroy, CA 95020
Effective on the date last set forth below, and continuing for a period of ten (10) years ( "Term ")
thereafter, the City of Gilroy, a California chartered municipal corporation ("City") agrees that
the Santa Clara Valley Water District ( "District "), its employees, agents, and contractors,
hereinafter called "District's Representatives ", shall have the right to access City's real property
( "Property ") in order to access the well or wells listed above ( "Wells ") for exclusively the
following "Permitted Purposes ":
A. To collect samples of groundwater;
B. To measure the depth of groundwater;
C. To collect other data related to groundwater.
Permission For District Right of Entry and Use Is Made Subject To The Following
Terms, Conditions and Agreements:
1. This Agreement is for the District's exclusive use and is not assignable or transferable
2. The City covenants that it has the right to enter into this Agreement and perform its
obligations hereunder.
3. Permission granted herein is not to be construed as a grant of title or interest in the
subject real property or the Wells.
4. District shall not unreasonably disturb any business of City in connection with its access to
the Property.
5. District shall keep the Property free and clear of any mechanics' liens, materialmen's liens
or other claims arising out of any of District's activities or those of District's Representatives
on or with respect to the Property.
6. All entries onto the Property by District and District's Representatives and all inspections
and examinations thereof shall be at District's sole cost and expense, shall be done in a
workmanlike manner in accordance with all applicable codes, statutes, ordinances, rules,
regulations and laws and shall not unreasonably disturb in any way the quiet occupancy or
enjoyment of City or any occupant of the Property.
7. District shall not perform any test or inspection or carry out any activity at the Property
which damages the Property in any way or which is physically intrusive into the Improvements
or soil of the Property without the prior written consent of City, which City may withhold in its
sole and absolute discretion.
8. District will give City reasonable prior notice of its intention to conduct any inspections or
tests with respect to the Property and City reserves the right to have a representative present.
9. District shall indemnify, defend by counsel reasonably acceptable to City, and hold City
harmless from and against any and all costs, expenses, claims, demands, losses or liens,
Right of Entry and Well Access Agreement
State Well Number(s): 11 SO4E16F001, 11 SO4E16K001, 11 SO4E15M002 and 11 SO4E16GO03
Page 2 of 3
(including, without limitation, mechanics' liens) including reasonable attorneys' fees, arising
from or in any fashion related to the entry by District or District's Representatives on the
Property or the performance by District or District's Representatives of any testing or
investigations of the Property except with respect to any loss or liability incurred by City
resulting from the mere discovery by District or District's Representatives of the presence of
hazardous materials at the Property or the existence of other defects with respect to the
Property. Without limiting the scope or generality of the foregoing indemnity, District shall not
permit any mechanics', materialman's, or other lien against all or any part of the Property to
exist as the result of any activity by District or District's Representatives undertaken in
connection with the Property. The provisions of this Section shall survive the expiration of the
Term and any earlier termination of this Agreement.
10. If District causes damage on the subject property while performing under this Agreement,
it shall repair said damage.
11. All work performed under this Agreement shall be completed in a good workman like
manner which causes minimal interference or disturbance to surrounding public or private
properties.
12. All work performed by the District under this Agreement shall be completed at the sole
expense of the District.
13. The City acknowledges that he /she /it is aware of the need for the District to purge the
Wells prior to collecting water samples, which may result in a minor waste of water.
14. At the option of City, the District will provide City with copies of the results of all reports,
test results and analyses performed on the water or the aquifer using this Wells, and any
other records pertaining to this Agreement. at no cost, expense or liability to City.
15. Access to the Wells by the District may be subject to reasonable restrictions as to time
and date as established in the sole discretion of the City.
16. The Term of this Agreement is subject to early termination by either party provided at least
30 days prior written notice is given.
17. The District may, at its sole discretion, change the frequency of data collection using the
Wells.
18. The effective date of this agreement is the date last set forth below.
19. This Agreement does not constitute any representation or agreement by the City that it will
continue to operate or maintain the Wells, or continue to own any property right in the Wells
for the entire term of the Agreement.
20. The signatories understand and agree that all data collected from the above described
Wells may be summarized in a publicly available report or provided to members of the general
public as allowed under the California Public Records Act.
Right of Entry and Well Access Agreement
State Well Number(s): 11 SO4E161=001, 11 SO4E16K001, 11 SO4E15M002 and 11 SO4E16G003
Page 3 of 3
By signing below, the signatories acknowledge that they are the owners of the Wells or
authorized to sign this document on behalf of the owners of the Wells and that they
agree to each of the provisions of this Agreement.
I Siggature Printed Name Date
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Mailing Address Phone Number
Signature
Mailing Address
Printed Name
Date
Phone Number
Name of person to contact for access if different from City Contact phone number
Santa Clara Valley Water District:
Deputy Operating Officer
Date: � 2 Z 12 U I Z-