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Nov 09 05 11 : 35a HEALTHCARE LRH 5TH ST [209] 941 -8654 p. 2 ENVIRONMENT NEIL O. ANDERSON i ENVIRONMENTAL AND A S S O C. IATES IN&Pf CTt(N+S ar TE3Tthst t Asoa nrORr SERVICES POOL ENGINEERING ACCESS AGREEMENT POST TENSION DESIGN Ligurian Subdivision Main Street and Del Mar Avenue Stockton,Cabfornia 95215 'Theis Agreement is made by and between Neil O.Anderson and Associates(NOA),and Etricar Vaidi hereinafter refermd to as Owner. The Agreement iictmeen die parties consists of these terms and any exhibits or attachments noted. Together these elements will constitute the entire Access Agreement superseding any and all ptioa rregoaatioys, conrespondcace,or agrccmcros either wrineo or oral. Any changes TO this Agreement must be mutually agreed to in uniting. Site Access and Sim Conditions: Owner will gnat or obtain free access to the site hit all equipment and pcnrxroel, ncrrssaty for NOA to perform a Phase.11 f:.nviromnenml Site Agscsgnacnt. Owner will notify any and all po orssors or tenants of the projert site that Owner has wanted NOA Fire access in the Site. NOA will take Rasonable.ptcelUtionS.to atwonize damage to the site,bur it is understood by Owner that,in the normal course of work,some damage may occur and the correction of such damage is not pan of this Agmcmrnt. Owner is responsible for the arcuncy of locations for x11 subterianeanstrvctiow and utilities. NOA will take reasonable prccavdons to avoid known svlstcri anean structures. Owner waives any claim against NOA and agrees to hold NOA hanrileaa from any claim or liability for injury or loss rising from damage done to subtcOnnean strucnues and utditics not identified or accurately located. Discovery of Unanticipated Hazudous MaterialR:Owner warrants dint a reasonable effort to iaforinNON Of knoivtn. of xugpccu d I122nrdaue materials on or nenr the project site has been made. liaraMmr.mnterials may exist at a.site where therc is no reason to believe they could or should be present. NOA and Ownct agree chat the discovery ofimanitieipued. hazardous materials may make it neccsnry for NOA to take immediate measures to protect health mid safety. NOA agTres to notify Owner if and when unanticipated hazardous matcnals or snspecred bazudous mnrenals are cncnuptc¢d, Owner agrees to make any disclosures rcgoired by law to the appropriate goverurrig agencies. Owncr also agrees m bnld NQA harmless for any and all consequences of disclosvres made by NOA which are requited by povemiog law. Disputes Resolution: All chism,disputes,and other matters in controversy between NOA and Owner ansing out of or 't>any wry related to d+is Agreement will be,<almairmd ro"altemauve,iispurc resolution'(ADR)such as mediation and(or arbitration.before and as n condition precedent to other remedies provided by taw. Third-party Exclusion: This Agrecmcnt shag not create any rights or bench ,to parties orhet tban Owner anhNOh;- cacept suds other rights as may be specifically called for herein Gosmtxumg Law and Survivab The law of die Stam of Cnliforpia wiR govern die validity of these Mons,dick uuexpsehataort,, and perfnrmxnce If Inv of the provisions comadned in this Agreement are held illegal,invalid,or unenforceable, rho enfocecability of the remaining provisions will not be unpaired. ]..imitations of liability and uhdemnhdes will sawjvc termination of this AQtccment for any cause. The Parries have head tie foregoing,understand completely the[cans,and willingly enter into this Agreemear which-wig, beoomc effective ori the dam signed by the Owner below. Neil O.Anderson and Associa4osl.Inc._ OWNF,R !V/ CnNStn a'AN'1' C 7Th, Tld�/ No+:rion By Nide I Puzrtam I//9/05 o„m D,nc LODI ■ SACRAMENTO ■ MODESTO ENVIRONMENTAL DIVISION 00 b rio.wint way,I.odi.Cnlif,,rnia 95240 0 20U,167 3101 ■ 209369 4228 for �.www.ntmmkvarpneotn-