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Remove (and dispose of) and/or treat any contaminated soil and/or water on the site <br />(and adjacent public rights-of--way which the Developer is required to improve) as <br />necessary to comply with applicable governmental standards and requirements. <br />2. Design and construct the improvements on the site in a manner which will assure <br />protection of occupants and the improvements from any contamination, whether in <br />vapor or other form, and/or from the direct and indirect effects thereof. <br />3. Prepare a site safety plan and submit it to the appropriate governmental and other <br />authorities for approval in connection with obtaining a building permit for the <br />construction of improvements on the site. Such site safety plan shall assure workers <br />and other visitors to the site of protection fror~n any health and safety hazards during <br />development and construction of the improvements. Such site safety plan shall <br />include monitoring and appropriate protective action against vapors and/or the effect <br />thereof. <br />4. Obtain from the County of Orange and/or California Regional Water Quality Control <br />Board and/or any other authorities required by law any permits or other approvals <br />required in connection with the removal and/or remedy of soil and/or water <br />contamination, in connection with the development and construction on the site. <br />5. Cooperate with the applicable governmental authorities and/or property owners and <br />occupants as necessary or appropriate to cure any soil and/or water contamination <br />condition on adjacent and nearby properties in the project area. <br />The Developer agrees that the Agency, and its consultants and agents, shall have the right <br />(but not the obligation) to enter upon the site at any time to monitor the construction on the site, to <br />test the soil and/or water on the site, and to take such other actions as may be reasonably necessary <br />to assure compliance with this section of the Agreement. Nothing herein (including without <br />limitation the Agency's right to inspect) shall be construed to make the Agency, the City or their <br />respective officers, employees. contractors and agents liable for the responsibilities under this <br />Section. <br />Section 210. Preliminary Work by Developer <br />Prior to the conveyance of title, the Developer or his representatives, upon written request of <br />Developer, shall have the right of access to any part of the Property which is in the possession of the <br />Agency at all reasonable times for the purposes of obtaining data and making surveys and tests <br />necessary to carry out this Agreement. The Developer hereby indemnifies and holds the Agency <br />and the City harmless for any injury or damages arising out of any activity of Developer, its agent, <br />employees and contractors, performed and conducted on this Property pursuant to this Section. <br />Developer shall obtain the same insurance coverage as required by Section 310 prior to exercise of <br />any right of access as permitted by this Section. Developer shall have access to all information <br />concerning the condition of the Property of which the Agency has knowledge and access. <br />9 <br />3-15 <br />