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<br /> 143 <br /> SITE EVALUATION AND DECONTAMINATION AGREEMENT <br /> THIS SITE EVALUATION AND DECONTAMINATION AGREEMENT (this <br />"Agreement") is made and entered into as of the 24 day of <br />Apri 1, 1989, by and between THE CITY OF SAN MARCOS, TEXAS (the <br />"Owner") and HAZCORP, INC., a Texas corporation, doing business <br />as "Tank Check Environmental Services" (the "Contractor"). <br /> RECITALS: <br /> WHEREAS, the Owner owns and operates a certain fuel depot <br />located at 630 East Hopkins Street, in the City of San Marcos, <br />Hays County, Texas (the "Project Site") and has requested the <br />Contractor to investigate, perform testing and provide and <br />implement evaluations with respect to surface and subsurface <br />contamination at the Project Site caused by release of gasoline <br />and other substances; and <br /> WHEREAS, Contractor, together with, Texas Industrial Waste <br />Control, Inc., a Texas corporation (the "Primary <br />Subcontractor"), have or can readily secure through other <br />qualified subcontractors, the necessary personnel, equipment, <br />materials and expertise to perform an investigation, testing <br />and evaluation of the contaminated Project Site, provide <br />recommendations for remedial action to the Owner, and implement <br />such recommendations in accordance with the terms and <br />conditions of this Agreement; <br /> NOW, THEREFORE, for and in consideration of the mutual <br />covenants and agreements between Owner and Contractor set forth <br />herein, and for other good and valuable consideration, the <br />receipt and sufficiency of which is hereby acknowledged, the <br />parties hereto agree as follows: <br /> 1. DescriT;>tion and Scope of Work. The Contractor shall <br />furnish or cause to be furnished through its Primary <br />Subcontractor and other qualified subcontractors (subject to <br />Owner's rights pursuant to ParagI;aph 8 hereof) all labor, <br />materials, services and equipment, and perform all work <br />required for the inspection, testing, evaluation of the Project <br />Site, including Contractor's development and filing for <br />approval with the Texas Water Commission and the Texas Air <br />Control Board of a comprehensive remedial action plan for the <br />cessation of migration of surface and subsurface contaminants <br />