85-22 Attachement-1 Lakeside Ave.pdf

MATRIXNEWORLD Engineering Progress CLOSING If the scope of services, letter agreement, and Terms and Conditions are acceptable, please sign below and return to Matrix. We appreciate the opportunity to assist you and look forward to working with you on this project. Please do not hesitate io contact me at (973) 240-1800 or amolnar@mnwe.com if you have any questions regarding this proposal. Sincerely, Abkizen Webtar Allison Molnar Environmental Scientist Enclosures: Appendix A — User/Site Owner/Operator(s)/Occupant(s) Questionnaire Appendix B — Matrix Standard Terms and Conditions Appendix C — Matrix Fee Schedule FA2022\22-0367 1 Lakeside Avenue - Twin Towing\ProposaliPhase | ESA_Twin Towing.docx 6

MATRIXNEWORLD Engineering Progress PROPOSAL ACCEPTANCE The signature below, by a duly authorized representative of Client, indicates acceptance of the above referenced proposal and all attachments including the Terms and Conditions without exception. Acceptance is limited to the terms stated in this proposal, and any additional or different terms are rejected unless expressly agreed to in writing by Matrix. Name (please print) Title (please print) Signature Company Name (please print) Phone Number E-mail Address Date Contact Information for Invoice (if different than above): Name (please print) Title (please print) Signature Company Name (please print) Street Address, City, State, Zip Phone Number E-mail Address Date F2022\22-0367 1 Lakeside Averue - Twin Tawing\ProposallPhase | ESA_Twin Towlng.doce

MATRIXNEWORLD Engineering Progress APPENDIX A USER/SITE OWNER/OPERATOR(S)/OCCUPANT(S) QUESTIONNAIRE

MATRIXNEWORLD Engineering Progress Matrix New World Engineering Questionnaire for Site owner / Site Operator{s)/Occupant(s) including the Key Site Manager / User Subject Property Name: Subject Property Address: QUESTION YES (*) NO UNK? 1. Are you aware of any pending, threatened, or past litigation relevant to hazardous substances or petroleum products in, on, or from the subject property? 2. Are you are aware of any pending, threatened, or past administrative proceedings relevant to hazardous substances or petroleum products in, on or from the subject property? 3. Are you aware of any notices from any governmental entity regarding any possible violation of environmental laws or possible liability relating to hazardous substances or petroleum products? 4. Are you aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state or local law? 5, Are you aware of any activity use limitations (AULs), such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal, state or local law? 6. As the User of this Environmental Site Assessment (ESA) do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you involved In the same line of business as the current or former occupants? 7. Are you aware of commonly known or reasonably ascertainable information about the property? For example: Do you know the past uses of the property? 8. Do you know specific chemicals that are present or once were present at the property? 9, Do you know of spills or other chemical releases that have taken place at the property? 40. Do you know of environmental cleanups that have taken place at the property? 44. Based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property? 12. Has a title search been performed? If yes, please attach. 13. Is the property or has the property been used as a gasoline station, motor repair facility, commercial printing, dry cleaners, photo developing, landiil, industrial use, waste treatment or disposal facility? 44. Are there currently any damaged or discarded automotive or industrial battories, pesticides,

inting, dry cleaners, photo developing, landiil, industrial use, waste treatment or disposal facility? 44. Are there currently any damaged or discarded automotive or industrial battories, pesticides, paints, or other chemicals at the subject property?

MATRIXNEWORLD Engineering Progress Matrix New World Engineering Questionnaire for Site owner / Site Operator(s)/Occupant(s) including the Key Site Manager / User QUESTION YES (*) NO UNK? 15. Are there currently any industrial drums or chemicals at the subject property? 416. Are you aware of contaminated fill at the subject property? (Le. Fill dirt from Off-site.) 17. Are there currently any pits, ponds, or lagoons in connection with waste disposal or treatment at the subject property? 18, Are there any current or previous underground storage tanks or aboveground storage tanks at the subject property? 19. Are there currently any vent pipes, fill pipes, or access ways protruding from the ground at the subject property? 20. 1s the subject property served by a private well and or a private septic system? QUESTION YES NO UNK? 21. Does the property discharge industrial wastewater (excluding sanitary sewer)? 22. Are there any monitoring wells at the subject property? 23. Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If there Is a difference, it is because of known contamination? 24. What type of property transaction is being performed? i.e. sales, purchase, Purchase & sale exchange, refinance? Piease provide the following documentation to Matrix, if available: ~ Previous Phase I Environmental Site Assessments ~ Geotechnical reports - Environmental Compliance Audit Reports - Environmental permits - Registrations for USTs and/or ASTs + Registrations for underground injection - Asbestos or Lead-Based Paint reports systems - Hazardous waste generator notices PRINT NAME SIGN NAME TITLE COMPANY NAME USER - YES/NO. DATE

MATRIXNEWORLD Engineering Progress Matrix New World Engineering Questionnaire for Site owner / Site Operator(s)/Occupani(s) including the Key Site Manager / User If “Yes” checked above, please provide explanation below and/or attach additional pages, as necessary:

MATRIXNEWORLD Engineering Progress APPENDIX B MATRIX STANDARD TERMS AND CONDITIONS

MATRIXNEWORLD Engineeting Progress ‘TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES Matrix New World Engineering, Land Surveying and Landscape Architecture, PC Section 4: SERVICES Matrix New World Engineering, Land Surveying and Landscape Architecture, PC (Matrix) agrees to perform the professional services (the “Services") as described in the Proposal incorporated herein by reference for the CLIENT on a best efforts, tlme and materials basis under the terms and conditions sat forth below. Matrix reserves the right fo amend the contents of the Proposal, If written authorization Is not received within 90 days, These Terms and Conditions together with the Proposal canstitute the agreement between Matrix and the CLIENT for the Services (the "Agraement’). ‘Sectton 2: COMPENSATION ‘ The CLIENT shall be responsible for all costs specifically enumerated in the proposal. For any costs set forth in the proposal as a range, Matrix shalt provide CLIENT with an exact cost as soon as It can be estimated, CLIENT shall also be responsible for any REIMBURSABLE COSTS not specifically set forth in the proposal. REIMBURSABLE COSTS include: out-of pocket expenses, the cost of which shall be charged at actual cost plus an administrative charge of fifteen percent (15%) and shall be itemized and Included in the invoice. Typical out-of-pocket expenses shall Include, but not be limited to, travel expenses (lodging, meals, elo.), job-related mileage at the prevailing IRS mileage rate, long distance telephone cails, printing and reproduction costs, and survey ‘supplies and materials. Section 3: CLIENT'S OBLIGATIONS To assist Matrix In parfarmance of the Services, CLIENT shall provide Matrix with appropriate material, data and information in its possession pertaining to the specific project or activity. The CLIENT will advise Matrix of the nature and extent of the hazardous waste at the site. If Matrix discovers after It undertakes the Services that the site Is of a different nature of hazard as defined by the client, or If unanticipated hazards are presented, he CLIENT and Matrix agree that tha scope of services, schedule and estimated budget fee shall be adjusted as needed to complete the work without injury or damage. Section 4: INVOIGE PROCEDURE AND PAYMENT Matrix will submit invoices to the CLIENT monthly and a finat bill upon completion of the Services. Payment Is due

omplete the work without injury or damage. Section 4: INVOIGE PROCEDURE AND PAYMENT Matrix will submit invoices to the CLIENT monthly and a finat bill upon completion of the Services. Payment Is due thirty (30) days from invoice date. CLIENT agrees to pay a finance charge of one and one-half percent (1.5%) per month, or tha maximum rate altowed by law on past due accounts. CLIENT will be llable for all court costs, disbursements, and altorney's fees incurred in the collection of any outstanding invoices. Section 5: OWNERSHIP OF DOCUMENTS All survey notes, drawings, bills of materials, specifications, blueprints, reports, calculations and all other material prepared in connection with the specific project shall be properly of the CLIENT and shall be transfesved to the CLIENT upon completion of the project and upon receipt of complete payment for the scope of work outlined in the propasal. Matrix may rataln a single copy of such Information and documents. Section 6: CONFIDENTIALITY Matrix agrees to keep confidential and not to disclose to any person or entity, other than Matrix's employees and subcontractors, without the prior consent of the CLIENT, all data and information not previously known to and generated by Matrix, or furnished to Matrix and marked CONFIDENTIAL by the CLIENT in the course of Matrix’s performance hereunder; provided, however, that this provision shall not apply to data which are in the public domain, or were previously known to Matrix, or were acquired by Matrix Independently from third parties not under obligation to CLIENT to keep sald data and information confidential, CLIENT shall not restrict Matrix from complying with an order to provida information or data when such order Is issued by a court, administrative agency or other aulhority with proper jurisdiction, ‘The technical and pricing Information contained in any proposal submitted by Matrix as to th’s project, or in the Agreement or any addendum thereto, is to be considered confidential and proprietary, and shall not be released or otherwisa made available to any third party without express written consent of Matrix, Sectlon 7; BURIED UTILITIES Matrix will conduct the research that in our professional opinion is necessary to locate utllity lines and otfier man-made objects that may exist beneath the sites surface, The CLIENT recognizes that Matrix's research may not