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and Safety Code section 25260 remain at depths of approximately 3 feet to 8 feet below <br />the surface in the Inaccessible Areas of the Property. <br />AGREEMENT <br />1.0 The parties to this Agreement, based upon the foregoing and in exchange <br />for the mutual performances and forbearances described below, agree as follows: <br />2.1 Implementation of Operation and Maintenance Plans. The City shall implement <br />the Operation and Maintenance Plan referenced in the approved Soil Remediation <br />Closure Report Section 5.0, [ENV America, August 7, 2002] , which is attached and <br />incorporated as Exhibit D. Section 5.0 of the Closure Report references measures that <br />should be put in place to assure that the Inaccessible Areas remain covered or are <br />otherwise managed in a way that prevents workers from coming into direct contact with <br />surface soil or dust blown from these soils, and to alert all workers engaged in <br />subsurface activities in any of the Inaccessible Areas to the presence of PAHs and the <br />, <br />need to take precautionary health and safety measures to limit direct contact with thes� <br />� <br />soils. The Inaccessible Areas shall continue to be covered by either structures or <br />� <br />pavement. The Inaccessible Areas will be annually inspected by the City or its <br />designated representative for large cracks or other damage, which could result in <br />exposure to underlying soil. If there are signs of disturbance to the Inaccessible Areas <br />or any unauthorized excavation activities, potentially causing exposure to soils <br />underlying the Inaccessible Areas, the City or its designated representative will take the <br />proper steps to perform any necessary repairs. Annual inspection and maintenance <br />activities shall be continued by the City until and except to the extent that the <br />Department authorizes the City in writing to discontinue or modify the inspection and <br />�c� <br />