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RECEIVED <br /> <br /> NOV ~ <br /> MEMORANDUM AGREEMENT <br /> CiTY OF RIVERSIDE <br /> CITY MANAGER'S OFFICE <br />This Memorandum Agreement (the "Agreement") is made and entered into by and <br />mnong the City of Riverside (Public Works Department) [the "City"], the County of <br />Riverside (Department of Environmental Health - Hazardous Materials 'Management <br />Division) [the "County"] and Friends of the Riverside Airport, LLC, a California bruited <br />liability company ("FRA") who agree as follows: <br /> <br /> 1. On or about May 28, 2003, the City and FRA, among others, entered into <br />au Exchange, Disposition and Development Agreement (the "EDD Agreement"). <br /> <br /> 2. in connection with FRA's activities taken pursuant to the EDD it has been <br />determined that the AG Parcel (as such term is defined in the EDD Agreement) has <br />certain portions thereof which may be contaminated with PCB's and other hazardous <br />materials (collectively, the "AG Parcel Contamination"). <br /> <br /> 3. In order to quantify the nature and extent of the AG Parcel Contamination <br />that FRA has agreed to retain Frey Environmental, Inc. ("Frey") to conduct certain tests <br />pursuant to a Sampling Work Plan reviewed and approved by the County as more <br />particularly described in that certain letter dated October 31, 2003 from the County to <br />Frey. A copy of such letter is attached hereto, marked Exhibit "A" and incorporated <br />herein by this reference (the "County Letter"). <br /> <br />4. By execution of this Agreelnent the parties hereto agree that: <br /> <br /> A. Frey shall, at FRA's expense, perform the work set forth in the <br />Sampling Work Plan heretofore subraitted to the County as modified by the County <br />Letter (the "SWP"); <br /> <br /> B. City hereby requests the County to review the SWP and any field <br />activities associated with surrounding and mitigation oversight of the same; <br /> <br /> C. FRA agrees to pay the fees incurred by the County in such review <br />and oversight activities at the rate of $135.00 per hour; and <br /> <br />D. County agrees to perform such review and oversight activities. <br /> <br /> 5. FRA shall indemnify and hold County, its officer, agents and employees <br />free and harmless from any liability based or asserted upon any act or omission of FRA <br />its officers, agents, contractors and employees, for property damage, bodily injury or <br />death or any other element of damage or any kind or nature, relating to or in any way <br />connected with services contemplated by this Memorandum Agreement. <br /> <br /> 1 <br /> <br />JLH/I~I~DBFCIPDOCS/COO65/OO1/DOCS~vlEMORANDUM AGT.001 <br /> <br /> <br />