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Nov 09 05 10:00a Caffese Farming 209 367 9590 p.2 GEOTECHNICAL NEIL O. ANDERSON I ENVIRONMENTAL A N D A S S O C I A T E S I INSPECTIONS s TESTING iLARORATDRY SERVICES ACCESS AGREEMENT I POOL ENGINEERING ustu2n Subdivision I POST TENSION DESIGN Main Street and Del Mu Avenue Stockton,CaljfoLaia 95215 Thio Agreement is mode by and between Neil O-Anderson and,Assoeiates (NOA),and Robert Cnffesc,bereiaafiar referred to is Owner. T'be Apreement between the paries consists of these Minna and any exhibits or attichrnGnI3 noted. Together these clernents will constitute the entire Access Agreement superseding any and all prior negotiations, caccaspondence,on agreameuta either written or oral. Any changes to this Agmemmeat must be m„tually agreed to in writing Site Access and Site Coaditiosas:Owner will grant or obtain hur access to the site for all equipment and personnel necessary for NOA to perform a Phase II Environmental Site Assessment Owner will notify any and all possessors or tenants of the project site that Owner has germed NOA free accrsa to the site. NOA will take reasonable precavrions to rraniuvza damage to the site,but it is understood by Owner that,in the normal coarse of work,some damage may occtu and the correction of such damage is not pact of tlmis Agreement Owner is responsible fox the accuracy of locations for all subterranean ntucturei and utilities.NOA will takereaconxble precautions to avid known subterranean structures.Owner waives Any claim against NOA and agrees to hold NOA harmless from any claim or liability fat injury or loss arieing Cxosn damnge clone to subtepmoean atusetures and utilities not idendEed or aocutately located. Discovery of Uwwticipated Haaardons Materials:Owner warrants that a trasonabic effort to infarm NOA of known of suspected hnaardous materials an m nest the project site has been made. Hazardous materials may etist at a sitewhem there is no reason to believe they could of should be present. NOA and Qwner agrx that the diswvety of uosaticiptecl lrazaxdDas mnterials may make it nett smy for NOA to take itamediate xa.eaaues to protect health and safety. NOAagvmI; ro notify Owner if sad wires uaanridpated Ituatdous matcxia]s ox suspcctecl hazardous matctials arc cncountvcd. Owner agftcs m make any disclosures required by law to the appropriate governing agencies. Owner also agrees to hold NOA Lannless fox any and all conacqucuces of disclosnms ma,de by NOA which am required by governing law. Disputes Reoo].utio x: All claims,disputes,and other mitten in controversy hetweea NOA and Owner arising out of at to any way related to this Agreemc a well be wbirutted to"alternative dispute tcaoluDDn"(AOR)such as mediation and/or arbitration,before and ns a condition precedent to otber remedies provided by law, Third-Patty Exclusion: T7mis Agreement shall not create my rights err benefits to parties other tbm Owner.rad NOA, except such ocher rights as maybe specifically called for heron. Governing Law and Survival: Thelaw of the Suite of CAlfar ain will govem the validity of these tensa,their utterpmrmon and perfucimarec. If any of the provisions contained in this Agrtemcat are Itc7d illegal,invalid,or unceforeeable,the eoforsnability of the remain ng provialrnn will not I>c impaired. Limitntiom of liability and indemnities will s+uvivc termination of this Agreement for any amuse. lite parties have read rhe foregoing,understand completely the terms,and willingly enter into this Agreement which wiTI become effective on the date signed by the Owner helow, Neil O.Anderson and Associates,Inc. OW14Y,:R CONSINA'ANr 13y 'litic/ Position fly TJtic/Vwn C76- I r/ Dare pate IODI ■ SACRAMENTO ■ MODESTO !WRONMENTAL OIVISION9027ndusrria)Wsy.l.ndi.t;alihunia9i240 ■209.367.3701 ■ 209.369.4228hu ■wuw,nuandnsm+.cora