HomeMy WebLinkAboutURA RES 2022-48RESOLUTTON NO. 2O2Z- + B
BE IT HEREBY RESOLVED by the Chairman and Members of the Urban Renewal
Agency of the City of Caldwell, Idaho, to ratify the Access Agreement between the
Caldwell Urban Renewal (URA) and Deparhnent of Environmental Quality (DEQ) forthe
property at 516 and O Main Sheet signed previously by the Chairman because of time
sensitivity.
PASSED BY THE COMMISSION of the Urban Renewal Agency of the City of
Caldwell,Idaho, this 12th day of September ,2022.
APPROVED BY T[{E COMMISSION of the Urban Renewal Agency of the City of
Caldwell,Idaho, this 12th day of Senfemher 2022.
STGNED:
ATTEST:
D
Debbie Geyer, URA
TO: Caldwell Urban Renewal Agency
Meeting Date mber 12 20
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Xlo
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SUBJECT:
Rati$, an Access Agreement between the Caldwell Urban
Renewal (tlRA) and Department of Environmental Quality
(DEQ) for the property at 516 and 0 Main Street (former
Bennet Machine Site).
Mapping
and RecreationCOST IMPACT:N/A
FUNDING
SOURCE:
URA
CourseTIMELINE:
OTHER:
SUMfuIARY STATEMENT:
The Idaho Department of Environment Quality Brownfields team has been very helpful on this parcel.
This grant program will help assess and clean up the site in preparation for its transfer through the
development & disposition agreement process set forth in State Statute.
URA will by this agreement authorize representatives and contractors of IDEQ reasonable access to the
property at 516 Main and the adjacent on the East "0" Main, during the effective period of the Agreement,
for the purpose of completing a site assessment, sampling groundwater, installing and operating air quality
monitoring equipment, etc.
This agreement has been signed by the Chairman and ratification of this action is sought by this resolution.
This is because of the time sensitive nature of this work against the pending sunset of the applicable
allocation area.
The City Staff has very much appreciated IDEQ's partnership in this matter.
It is the recommendation of Public Works that the Commission approve the agreement as submitted and
authorize Chairman Porter to sign the easement on behalf of the Urban Renewal Agency.
RECOMMENDED ACTION:
AGREEMENT FOR SITE ACCESS
1. Parties. This Agreement is entered into by and between the ldaho Department
of Environmental Quality (DEQ) and Urban Renewal Agency ofthe City of Caldwell the owner
and/or authorized representative of certain real property (Owner) located in
Caldwell , Idaho, and more particularly described 35 516&0MainSt.(Lts6-12Bk2)
(ProPerty).**er#
2. Right of Entry. ln consideration of the benefits to public health and the
environment, the Owner authorizes representatives and contractors of DEQ
reasonable access to the Propefi, during the effectiveperiod of the Agreement,
for the purpose sf a Brownfields Project (e.9., completing a site
assessment, sampling groundwater, installing and operating air quality
monitoring equipment, etc.)
Any access to the building(s) on site is also included in this access agreement
and notice will be provided prior to entry. €ae-as+eeeea)
lf Property is leased, Owner hereby affirmsthat she/he has or will give notice to
any lessee of the Property of this Agreement.
;3. Use of Propefi. The Owner has full right and privilege to use the Property for
any and all purposes during the effective period of this Agreement provided that
such use does not interfere with the rights granted to DEQ under this Agreement.
During the effective period of the Agreement, the Owner will take no action that
disturbs DEQ's equipment or access to its equipment, without prior notice to and
approval from DEQ, and the Owner will notify DEQ if the Owner becomes aware
that any of DEQ's equipment on the Property has been disturbed. Upon
termination of the Agreement, DEQ will remove any equipment installed and
perform all steps reasonably necessary to restore the property to the condition it
was in upon execution of this Agreement.
4. lndemnification. To the extent permitted by law and subject to the limits set forth
in this section, DEQ agrees to indemnify, defend and hold harmless
Urban Renewal Agency of the City of Caldwell against any and all loss, damage, claims or liabilities
arising from, or in connection with, DEQ's acts or omissions in the use of the
Property or Personal Property. DEQ's obligations under this section shall be
subject to appropriation as required by ldaho Code section 59-1015.
Notwithstanding anything in this section to the contrary, the provisions of the
ldaho Tort Claims Act, Title 6 ldaho Code Chapter 9 shall limit the Iiability of DEQ
and the State of ldaho, for damages, costs, and attorney fees on account of
.t
bodily hFry or p€tstnel lniury and trppe;ty damagB, q other bss *ilirg out d
la neg[gelps ooffrswbe wrolgfulacftor ombslon and thce of ilg €mPhyeeg
actng wllhh the cqrc and scdpe of hcf emCoytnent or ddles'
5. Propcrty Reatoratlon Prlcto the brmkratlon of |]1is Agrcemen[ the
Deprtnert agr€eq to ttrc cxbnt reas6$ty p6Ebls, b reshrc lhe Prcpetty b
the condlton ptlor b fire rctfuilies 3pedfied h paragraph 2, ul'fiich maylncludc:
(A[ surface material het b Emoredwll be tepbced wilr lkemderlal 0.e"
aspha[). Areae orcavated on the sfte wll be beckfilhd bthe levcl of he
surroundlng area withsegpga$d clean hclffllJlomthe o(Carafrons and
addtUonal UacfnUmaterbl b be delermlned by he DePartnent).
6. Effecfrw Drbmd Duratlon. Thb Agreemenf w|[ be cffec{veupon sfinafitle
of Utc authotbd l€Prcsentetlve d DEQ. Ttre Afeementw[ pmain in effiect
ungl at he actlms speciltd kr paragraph 2 ale complete, or until this Agreernent
h teminated ln wrltng by mutrd agreenrent of the partiea ffi
7. Sucoescore and AsEigE. Thls Agrcement is bhdttg upon Ule partles and lheir
succml'nd $SbnS.
S. flodflodorr. Thb Agreement may only be anrended q. mod!frd by a wrlflng
slgnod by the partigs.
Forthe Depafu€nt Forthe
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