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Phase II Environmental Site Assessment Mountain House Neighborhood G July 9,2002 Page 12 9.0 LIMITATIONS The scope of work for this report is intended to provide a limited review of certain information related to the detectable levels of analytes at or beneath the site. This report is not intended to eliminate all risk of the subject property bearing some degree of environmental liability. Condor cannot and will not warrant or certify that the site is free of contaminants, because it is impossible to know if such a condition exists. Although risks can never be eliminated, more detailed and extensive investigations yield more information, which may help facilitate the management-of risks. This project was performed in general conformance with Condor's work order agreement approved by the Client on July 19, 2001 The scope of work for this project was limited to an evaluation of selected constituents that may be present in the soil at or beneath the site resulting from previous and current activities on the property, and did not include other services that are not described in this report. The potential liability for the cleanup of hazardous substances and the available defenses to such liability are outlined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and its amendments, commonly known as the Superfund law. The American Society of Testing and Materials (ASTM) states that a Phase 11 Environmental Site Assessment(ESA), performed after the completion of a Phase I ESA, will help to satisfy the requirement of"all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice" [42 USC § 9601(35)(B)] and will help to provide the "innocent landowner defense" (ASTM Standard E 1527-00, Sec. 1.1) to the purchaser involved in a commercial real estate transaction. In addition, ASTM asserts that a Phase II ESA evaluates recognized environmental conditions (RECs) identified in the Phase I "for the purpose of providing sufficient information regarding the nature and extent of contamination to assist in making informed business decisions" (ASTM Standard E 1903-97, Sec. 1.2), including "the potential financial exposure associated with environmental risks" (ASTM Standard E 1903-97, Sec. 3.13). It should be understood that a Phase H ESA only further investigates the site for existing or potential contamination. Condor has performed the Phase II ESA as an independent contractor. The report was prepared with the customary state of the practice and the prevailing standard of care for completing such reporting in the State of California at this time. Condor shall not be subject to any expressed or implied warranties whatsoever. Land use, site conditions (both on-site and off-site), and other factors will change over time. Site activities and regulations beyond our control could change at any time after the completion of this report. Our observations, findings and opinions can be considered valid only as of the dates of the site visits. The property owner is solely responsible for notifying all governmental agencies, and the public at large, of the existence, release, treatment, or disposal of any hazardous materials observed at the project site, either before or during performance of Condor's services. Condor assumes no responsibility or liability whatsoever for any claim, loss of property value, damage, or injury which results from pre-existing hazardous materials being encountered or present on the project site, or from the discovery of such hazardous materials. This report and other instruments or service are prepared and made available for the sole use of the officers and representatives of Trimark Communities and their agents. The contents thereof may not be used or relied upon by any other person(s) without the express written consent and authorization of the above and Condor. .1 CONDOR