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o�y �c rn �o VIJ� AUTHORIZATION TO ACCESS PROPERTY TO PERFORM SITE INVESTIGATION RECITALS 1. Erardi VentureS (hereinafter referred to as OWNER) warrants that he/she/they are the legal owner of the real property [and improvements thereto] located at 724 N Hunter Street, Stockton CA 95702 (San Joaquin ('rnmty APN 139-056-1?�l (hereinafter referred to as "the site"). 2. C anena'e Car Wash (hereinafter referred to as CLIENT) has retained Condor Earth Technologies, Inc. (hereinafter referred to as CONSULTANT) to perform a site investigation at the site and the services involve exploratory drilling and sampling. Because CONSULTANT may rely on subcontractors to perform a portion of the work, all references to CONSULTANT herein shall be understood also to include any subcontractors CONSULTANT may retain for this investigation. 3. OWNER confirms that CONSULTANT has neither created nor contributed to the creation or existence of any irritant, pollutant, or hazardous,radioactive,toxic, or otherwise dangerous or harmful substance that may exist at the site, or dangerous conditions resulting therefrom. OWNER also confirms that CONSULTANT is performing no function at or associated with the site that would classify CONSULTANT as a generator, disposer, treater, storer, coordinator,handler, or transporter of hazardous materials. 4. OWNER acknowledges and agrees that CONSULTANT is performing services for the benefit of the CLIENT, and any claims or actions resulting from CONSULTANT'S work or failure to perform work will be made to CLIENT. OWNER agrees to waive any claim against CONSULTANT and to hold harmless and indemnify CONSULTANT for any claim. 5. OWNER, CLIENT, and CONSULTANT acknowledge that OWNER has an interest in knowing and reviewing the results of any sampling conducted at the site. TERMS AND CONDITIONS OWNER authorizes CONSULTANT to enter upon the site and there to perform investigation and assessment activities as generally outlined in the scope of service included in the CLIENT/CONSULTANT agreement dated May 9, 1996, subject to the following conditions: Date(s)/Conditions of Access. CONSULTANT shall notify OWNER seven (7) days in advance of the date of proposed investigation and assessment activities. OWNER agrees to provide to CONSULTANT appropriate means of access to the site, and OWNER's authorization to access the site shall continue without interruption for a period of four (4) consecutive days from said commencement date for the purpose of advancing two (2) cone penetrometer test borings to a depth of approximately 150 feet. One boring will be used to gather data on the subsurface lithology at the site, and the second boring will be used to collect up to five groundwater samples for laboratory analyses. Condor anticipates that site activities will be completed in three days. CLIENT and CONSULTANT acknowledge OWNER'S right to observe any on-site work activities. • Coordination with Owner. CONSULTANT will coordinate with OWNER to minimize ffiterference with the OWNER'S activities at the site provided that the technical requirements of the investigation are met. • Coordination with Lessee. In the event OWNER has leased the site to a lessee for lessee's operation, OWNER shall make all necessary arrangements with lessee. OWNER understands that CONSULTANT will attempt to minimize disruption of lessee's operations, but some minor disruption is possible, and is - r�r►wrnn o