Excavation; Grading. Certain excavation, fill and other grading may have been done by the Owner during the course of development of the Property, including the alteration, filling in or relocation of certain ditches, creeks and surface irrigation ditches. Owner, upon Buyer’s request, shall make available reports regarding the soils, grade and elevations and related information from Owner's engineering firm, if available. Buyer is hereby advised to obtain from any independent source any additional information Buyer believes necessary, prior to the start of any and all construction. Any fill required for grading, construction or landscaping must be provided by Buyer. Buyer acknowledges that special building techniques may be required as a result of soil conditions on the Property and as a result of applicable local building codes and zoning ordinances. Any expense for special building techniques shall be borne exclusively by Buyer. Any and all soil, fill or other materials in excess of that required for the proper grading of the Property shall be removed by, and at the expense of Buyer. Said soil, fill or other materials shall not be deposited on any other property within the Project boundaries. In addition, Buyer hereby agrees that any grading and/or fill material in connection with the Property shall not be taken from or deposited in any wetlands over which the U.S. Army Corps of Engineers has jurisdiction whether such wetlands are located on the Property, in the Project or elsewhere. It is understood and agreed that Owner is not obligated to grade, fill, clear or to in any way alter the existing grade elevation of the Property or to determine the suitability of the soils or site for construction of any and all improvements contemplated by Buyer.
Excavation; Grading. Excavation and Grading will be conducted as part of the Source Area PCP Removal Project, historic stormwater conveyance system decommissioning, and site redevelopment. Under this SOW, no soil is required to be removed from the site due to contaminant levels or otherwise; RestorCap may, at its discretion, move and maintain on-site all impacted soil disturbed at the site, subject to the EMMP described above. Off-site removal can be employed at RestorCap’s discretion, consistent with applicable regulatory requirements. Except for the Source Area PCP Removal Project and the stormwater system decommissioning discussed above, no soil movement is required under this SOW.
