CONTRACT FOR SALE AND MOVING OF HOUSE

Transcription

1 CONTRACT FOR SALE AND MOVING OF HOUSE This contract of sale ( Contract ) is made by and between the City of Southlake, Texas, a home rule municipal corporation located in Tarrant County, Texas ( Seller ), and ( Purchaser ) as of this day of, 2017 ( the Effective Date ). TERMS AND CONDITIONS 1. Sale of house to be moved by Purchaser. Seller agrees to sell to Purchaser, and Purchaser agrees to purchase, the house located at 570 East Dove Road, Southlake, Texas ( the Property ), for the sum of ($ ). The Property is being sold as personal property. The real property on which the house is located is not part of this Contract, and is not being sold. Purchaser must move the house from the Seller s real property as provided below. 2. Conflict of Interest Questionnaire. Prior to commencing removal, Purchaser must complete, execute, and file with the City Secretary a Conflict of Interest Questionnaire ( Form CIQ ), a copy of which is attached to this contract as Exhibit A. This is a condition precedent to Purchaser s entitlement to commence work, and is a requirement imposed pursuant to Texas Local Government Code, Chapter Moving of house from Seller s real property. Purchaser will be required to remove both the house, in it s entirety, and all of the contents of the house, from the real property within days of the Effective Date. This includes any debris resulting from the moving of the house. Time is of the essence. Failure to meet this deadline will constitute material breach of this Contract, and is grounds for termination of this Contract and forfeiture of the entire purchase price. 4. AS-IS sale without warranty and release. Purchaser acknowledges that Seller makes no warranty or representation that the property is in good or merchantable condition, or that it is suitable for Purchaser s intended use. Purchaser has inspected the Property and accepts it AS IS, WHERE IS, WITH ALL FAULTS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND. Purchaser accepts all risks of injury, and acknowledges that Seller makes no warranty or representation regarding the Property or its condition. Purchaser acknowledges that the Property is used and may contain defects that are not readily detectable, including defects that could present a dangerous condition. Purchaser releases Seller from any liability for personal injuries, including death, damage to property, costs, and expenses incurred by Purchaser relating to this Contract, Purchaser s entry into and moving of the Property, and activities related to same, regardless whether such personal injuries, damage, costs, or expenses are caused in part by the Seller s negligence.

2 5. Hazardous Materials. Moreover, Seller does not warrant that the Property is free of hazardous materials or environmental contamination. Purchaser assumes all liability and responsibility for removal or mitigation of any hazardous materials or environmental contamination, and Purchaser agrees to indemnify Seller, and all of Seller s officers, council members, agents, and employees from any liability and responsibility for such removal or mitigation of any hazardous materials or environmental contamination, and for the negligent act of any agent, employee, subcontractor, or supplier of Purchaser in the execution or performance of such removal and remediation, and for any failure to perform such removal or remediation in compliance with applicable federal and state law. The provisions of this Section will survive termination of the Contract. 6. Asbestos removal and/or mitigation. In addition to the foregoing, Seller represents that Seller has obtained an asbestos survey indicating that the Property contains asbestos, as described in the report attached hereto Exhibit B. Purchaser agrees and understands that Purchaser is required to remove or otherwise mitigate such asbestos in compliance with applicable federal and state law. Purchaser assumes full responsibility for such removal and remediation and all costs and expenses associated with such removal and remediation, and Purchaser agrees to defend, indemnify and hold harmless Seller, and all of Seller s officers, council members, agents, and employees from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Purchaser and of any agent, employee, subcontractor, or supplier of Purchaser in the execution or performance of such removal and remediation, and for any failure to perform such removal or remediation in compliance with applicable federal and state law. The provisions of this Section will survive termination of the Contract. 7. Compliance with laws. Purchaser will, and Purchaser will require its contractors, to complete the removal and transportation of the Property from the Seller s real property in a safe and good and workmanlike manner, in compliance with all applicable laws and regulations. 8. No demolition on site. No demolition shall be performed on the real property other than as necessary to remove the house structure. Any tree removal will be allowed only if approved by the City, and any such removal will be performed by the City. 9. No agency. Neither the Purchaser, nor any of the Purchaser s agents, servants, employees, contractors, subcontractors, or suppliers, shall be considered an agent of the City for any purpose. Nothing herein shall be construed as creating a partnership or joint enterprise between the parties. Furthermore, the parties hereto acknowledge and agree that the doctrine of respondeat superior shall not apply between them.

3 10. Insurance. Purchaser shall require that all persons, including Purchaser, performing any work on the City s real property, including but not limited to, Purchaser s contractors and subcontractors, carry or be covered by, at least the following insurance in such form, with such companies, and in such amounts (unless otherwise specified) as City may require: i. Worker s Compensation and Employer s Liability insurance, to the extent required by and complying with the laws of the State of Texas; ii. iii. Commercial General Liability insurance, including Blanket Contractual Liability, Broad Form Property Damage, Personal Injury, and Broad Form General Liability Endorsements; Comprehensive Automobile Liability insurance covering all owned, non-owned or hired automobiles to be used in complying with this Contract. 11. Indemnification: Purchaser agrees to defend, indemnify and hold harmless Seller, and all of Seller s officers, council members, agents and employees, from and against all claims, actions, suits, demands, proceedings, costs, damages and liabilities, including reasonable attorneys fees, court costs and related expenses, arising out of, connected with, or resulting from any acts or omissions of Purchaser or any agent, employee, contractor, subcontractor, or supplier of Purchaser, in the execution or performance of this Contract, regardless of whether such persons are under the direction of City agents or employees, and regardless of whether any such claims, actions, suits, demands, proceedings, costs, damages and liabilities are caused in part by the negligence of Seller, or Seller s officers, council members, agents or employees. 12. No waiver of immunity. Nothing contained in this Contract shall be construed to limit or waive any governmental or sovereign immunity or any damage limitation defenses of the City or any immunity applicable to its officers, agents, servants or employees, it being the intent of the parties that the City retain its full governmental immunity and damage limitation defenses provided by law, except to the extent expressly provided or necessarily implied herein. 13. Risk of loss. All risk of loss or damage to the Property shall be Purchaser s risk beginning when Purchaser, or any agent, servant, employee, contractor or subcontractor of Purchaser, enters the real property to begin removal of the Property or preparations for such removal. If the Property shall be damaged or destroyed by fire or other casualty to a material extent prior to such time, Purchaser may either terminate this Contract by written notice to Seller, or Purchaser may proceed to perform. In the event of less than material damage or destruction to the Property prior to such time, Purchaser shall nonetheless perform all obligations of this Contract, and there shall be no reduction in the Purchase Price despite said material damage or destruction. If Purchaser elects to proceed to perform, there shall be no reduction in the Purchase Price despite said material damage or destruction. If the Property shall be damaged or

4 destroyed by fire or other casualty after such time, Purchaser shall nonetheless perform all obligations of this Contract. Unless otherwise provided herein, the term material shall mean damage or destruction of the Property the cost of repairing which exceeds fifty percent (50%) of the Purchase Price. 14. Termination of contract. If Purchaser fails to perform in accordance with the provisions of this Contract, Seller may elect, in Seller s sole discretion, to terminate this Contract. Such termination shall constitute forfeiture of the Purchase Price to the City as liquidated damages, it being the determination of the parties that such amount is a reasonable and fair approximation of Seller s actual damages, which the parties agree will be difficult to ascertain. 15. Place of performance and governing law. This Contract shall be construed under and governed by and in accordance with the substantive laws of the State of Texas, notwithstanding any choice-of-law provisions thereof. All obligations of the parties created by this Contract are fully performable in Tarrant County, Texas, and venue in any suit or cause of action under this Contract shall lie exclusively in Tarrant County, Texas. Signed as of the Effective Date set forth above. Purchaser s signature: Purchaser s name: Signed as of the Effective Date set forth above. Seller: City of Southlake, Texas By:

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7 Asbestos Survey West Residential Structure 570 East Dove Road Southlake, Texas January 11, 2017 Terracon Project No Prepared for: City of Southlake Southlake, Texas Prepared by: Terracon Consultants, Inc. Fort Worth, Texas 76118

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9 TABLE OF CONTENTS 1.0 INTRODUCTION Project Objective BUILDING DESCRIPTION FIELD ACTIVITIES Visual Assessment Physical Assessment Sample Collection Sample Analysis REGULATORY OVERVIEW FINDINGS AND RECOMMENDATIONS GENERAL COMMENTS... 5 APPENDIX A APPENDIX B APPENDIX C APPENDIX D CONFIRMED ASBESTOS-CONTAINING MATERIALS ASBESTOS SURVEY SAMPLE SUMMARY ASBESTOS ANALYTICAL LABORATORY DATA LICENSES

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11 Asbestos Survey West Residential Structure 570 East Dove Road Southlake, Texas January 11, 2017 Terracon Project No FIELD ACTIVITIES The survey was conducted by Mr. Chad Champagne, a Texas Department of State Health Services (TDSHS) licensed asbestos inspector (License No ). Copies of licenses are attached in Appendix D. The survey was conducted in general accordance with the sample collection protocols established in EPA regulation 40 CFR 763, the Asbestos Hazard Emergency Response Act (AHERA). A summary of survey activities is provided below. 3.1 Visual Assessment Our survey activities began with visual observation of the interior and exterior of the structure to identify homogeneous areas of suspect ACM. A homogeneous area consists of building materials that appear similar throughout in terms of color, texture, and date of application. The assessment was conducted throughout visually accessible areas of the building. Building materials identified as concrete, glass, wood, masonry, metal, or rubber were not considered suspect ACM. 3.2 Physical Assessment A physical assessment of each homogeneous area of suspect ACM was conducted to assess the friability and condition of the materials. A friable material is defined by the EPA as a material which can be crumbled, pulverized or reduced to powder by hand pressure when dry. Friability was assessed by physically touching suspect materials. 3.3 Sample Collection Based on results of the visual observation, bulk samples of suspect ACM were collected in general accordance with AHERA sampling protocols. Random samples of suspect materials were collected in each homogeneous area. Sample team members collected bulk samples using wet methods as applicable to reduce the potential for fiber release. Samples were placed in sealable containers and labeled with unique sample numbers using an indelible marker. Fifty-four (54) bulk samples were collected from sixteen (16) homogeneous areas of suspect ACM. A summary of suspect ACM samples collected during the survey is included in Appendix B. 3.4 Sample Analysis Suspect ACM samples were delivered under proper chain of custody to Cates Laboratories, of Dallas, Texas, an accredited National Voluntary Laboratory Accreditation Program (NVLAP) (Lab No ) and TDSHS (License No ) licensed Responsive Resourceful Reliable 2

12 Asbestos Survey West Residential Structure 570 East Dove Road Southlake, Texas January 11, 2017 Terracon Project No laboratory for analysis by Polarized Light Microscopy (PLM) with dispersion staining techniques per EPA Method 600/R-93/116. The percentage of asbestos where applicable, was determined by microscopic visual estimation. 4.0 REGULATORY OVERVIEW The State of Texas has established the TAHPR which requires any asbestos-related activity to be performed by an individual licensed by the State of Texas, through the TDSHS. An asbestos related activity consists of the disturbance (whether intentional or unintentional), removal, encapsulation, or enclosure of asbestos, including preparations or final clearance, the performance of asbestos surveys, the development of management plans and response actions, asbestos project design, the collection or analysis of asbestos samples, monitoring for airborne asbestos, bidding for a contract for any of these activities, or any other activity required to be licensed under TAHPR. Abatement must be performed by a State of Texas licensed asbestos abatement contractor in accordance with a project design prepared by a State of Texas licensed asbestos consultant. In addition, third party air monitoring must be conducted during the abatement activities. The asbestos NESHAP (40 CFR Part 61 Subpart M) regulates asbestos fiber emission and asbestos waste disposal practices. It also requires the identification and classification of existing building materials prior to demolition or renovation activity. Under NESHAP, asbestos containing building materials are classified as either friable, Category I nonfriable or Category II nonfriable ACM. Friable materials are those that, when dry, may be crumbled, pulverized or reduced to powder by hand pressure. Category I nonfriable ACM includes packing, gaskets, resilient floor coverings and asphalt roofing products containing more than 1% asbestos. Category II nonfriable ACM are any materials other than Category I materials that contain more than 1% asbestos. Friable ACM, Category I and II nonfriable ACM in poor condition and has become friable or which will be subject to drilling, sanding, grinding, cutting, or abrading and which could be crushed or pulverized during anticipated renovation or demolition activities are considered regulated ACM (RACM). The TAHPR and NESHAP require that written notification be submitted before beginning renovation projects which include the disturbance of any asbestos-containing material (ACM) in a building or facility, or before the demolition of a building or facility, even when no asbestos is present. This written notification must be provided to the TDSHS at least 10 working days prior to the commencement of asbestos abatement or demolition activities. Removal of RACM must be conducted by a State of Texas licensed asbestos contractor. In addition, third party air monitoring must be performed during the abatement. Responsive Resourceful Reliable 3

13 Asbestos Survey West Residential Structure 570 East Dove Road Southlake, Texas January 11, 2017 Terracon Project No The Occupational Safety and Health Administration (OSHA) Asbestos standard for the construction industry (29 CFR ) regulates workplace exposure to asbestos. The OSHA standard requires employee exposure to airborne asbestos fibers be maintained below 0.1 asbestos fibers per cubic centimeter of air (0.1 f/cc). The OSHA standard classifies construction and maintenance activities which could disturb ACM and specifies work practices and precautions which employers must follow when engaging in each class of regulated work. States that administer their own federally approved state OSHA programs may require other precautions. 5.0 FINDINGS AND RECOMMENDATIONS Based on the results of the laboratory analyses, asbestos was confirmed in the following materials: Ceiling texture/drywall/joint compound (2 types) Wall texture/drywall/joint compound (2 types) Resilient sheet flooring Exterior door caulk Exterior window caulk The identified asbestos containing materials were assessed to be nonfriable and in good condition on the day of the survey. The identified asbestos containing materials must be abated prior to demolition activities if those activities will potentially disturb the identified asbestos containing materials. The asbestos abatement must be performed by a State of Texas licensed asbestos contractor in accordance with a project design prepared by a State of Texas licensed asbestos consultant. In addition, third party air monitoring must be performed during the abatement. It is important to note TAHPR and NESHAP require that written notification be submitted before beginning renovation projects which include the disturbance of any ACM in a building or facility, or before the demolition of a building or facility, even when no asbestos is present. This written notification must be provided to the TDSHS at least 10 working days prior to the commencement of asbestos abatement or demolition activities. These activities must be performed in accordance with the current TDSHS, EPA, and OSHA guidelines. Responsive Resourceful Reliable 4

14 Asbestos Survey West Residential Structure 570 East Dove Road Southlake, Texas January 11, 2017 Terracon Project No GENERAL COMMENTS This asbestos survey was conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locale. The results, findings, conclusions, and recommendations expressed in this report are based on conditions observed during our survey of the building. The information contained in this report is relevant to the date on which this survey was performed, and should not be relied upon to represent conditions at a later date. This report has been prepared on behalf of and exclusively for use by the City of Southlake for specific application to their project as discussed. This report is not a bidding document. Contractors or consultants reviewing this report must draw their own conclusions regarding further investigation or remediation deemed necessary. Terracon does not warrant the work of regulatory agencies, laboratories or other third parties supplying information which may have been used in the preparation of this report. No warranty, express or implied is made. Responsive Resourceful Reliable 5

15 APPENDIX A CONFIRMED ASBESTOS-CONTAINING MATERIALS West Residential Structure 570 East Dove Road Southlake, Texas Terracon Project No Sample No. Material Location (Area) 4, 5, 6, 7, 8 9, 10, 11 12, 13, 14, 15, 16, 17, 18 19, 20, 21 25, 26, 27 Ceiling Texture (White, Semi-Smooth)/ Drywall/Joint Compound Ceiling/ Texture (White, Splatter Drag)/ Drywall/Joint Compound Wall Texture (White, Semi- Smooth)/Drywall/Joint compound Wall Texture (White, Splatter Drag)/Drywall/Joint Compound Resilient Sheet Flooring (Brown, Hexagon Pattern) Friable/ Nonfriable Residential Structure and Garage/Apartment Structure Assessed Condition 1 Estimated Quantity 2 Throughout Structure Nonfriable G 3,330 sq. ft. Kitchen Nonfriable G 265 sq. ft. Throughout Structure Nonfriable G 5,970 sq. ft. Kitchen Nonfriable G 530 sq. ft. North Sun Room Nonfriable G 375 sq. ft. 43, 44, 45 Exterior Door Caulk (Black) Entry Doors Nonfriable G 46, 47, 48 Exterior Window Caulk (White) 1 Denotes condition Legend: G-Good, D-Damaged, SD-Significantly Damaged 2 ln. ft. = linear feet sq. ft. = square feet Windows Throughout Structure Nonfriable G 40 ln. ft. (2 sq. ft.) 100 ln. ft. (4 sq. ft.)

16 APPENDIX B ASBESTOS SURVEY SAMPLE SUMMARY West Residential Structure 570 East Dove Road Southlake, Texas Terracon Project No Material Asbestos Containing Sample Numbers 12 x 12 Ceiling Tile (White, Fissures) with Button Mastic No 1, 2, 3 (Brown) Ceiling Texture (White, Semi- Smooth)/ Drywall/Joint Compound Yes 4, 5, 6, 7, 8 Ceiling/ Texture (White, Splatter Drag)/ Drywall/Joint Compound Yes 9, 10, 11 Wall Texture (White, Semi- 12, 13, 14, 15, 16, 17, Yes Smooth)/Drywall/Joint compound 18 Wall Texture (White, Splatter Drag)/Drywall/Joint Compound Yes 19, 20, 21 Resilient Sheet Flooring (Tan, Square Pattern) over Floor Tile with No 22, 23, 24 Mastic (Brown) Resilient Sheet Flooring (Brown, Hexagon Pattern) Yes 25, 26, 27 4 x 4 Ceramic Floor/Wall Tile (White) with Grout (White) and No 28, 29, 30 Thinset (Gray) 4 x 4 Ceramic Floor/Wall Tile (Pink) with Grout (White) and No 31, 32, 3 Thinset (Gray) 12 x 12 Ceramic Floor Tile (White, Aggregate Pattern) with No 34, 35, 36 Grout (Gray) Firebrick (Gray) No 37, 38, 39 Exterior Building Caulk (Gary) associated with Brick Grill No 40, 41, 42 Exterior Door Caulk (Black) Yes 43, 44, 45 Exterior Window Caulk (White) Yes 46, 47, 48 Roof Shingle No 49, 50, 51 Roof Membrane (Gray) No 52, 53, 54

17 APPENDIX C ASBESTOS LABORATORY ANALYTICAL REPORTS

18 PLM REPORT SUMMARY Cates Laboratories NVLAP Lab No Motor Circle TDSHS License No Dallas, Texas (214) Client: Terracon Lab Job No.: PLM Project: 570 E. Dove St. Set No.: Project No: Report Date: 1/9/2017 Identification: Asbestos, Bulk Sample Analysis Sample Date: 1/4/2017 Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 1 of 7 On 1/6/2017, fifty-four (54) bulk samples were submitted by Mr. Chad Champagne of Terracon for asbestos analysis by PLM/DS. Copies of the lab data sheets are attached; additional information may be found therein. The results are summarized below: Lab Sample No. Client Field I.D. Sample Description/Location Asbestos Content CL " X 12" Ceiling Tile (white, fissures) w/button Mastic (brown) - Living Room Ceiling, North CL " X 12" Ceiling Tile (white, fissures) w/button Mastic (brown) - Living Room Ceiling, North CL " X 12" Ceiling Tile (white, fissures) w/button Mastic (brown) - Living Room Ceiling, Center CL Ceiling Texture (white, semi-smooth) w/drywall & Joint Compound - Entry Corridor, East CL Ceiling Texture (white, semi-smooth) w/drywall & Joint Compound - East Corridor, South CL Ceiling Texture (white, semi-smooth) w/drywall & Joint Compound - East Bedroom, West CL Ceiling Texture (white, semi-smooth) w/drywall & Joint Compound - Dining Room, North CL Ceiling Texture (white, semi-smooth) w/drywall & Joint Compound - Dining Room, North None Detected - Ceiling Tile None Detected - Brown Mastic None Detected - Ceiling Tile None Detected - Brown Mastic None Detected - Ceiling Tile None Detected - Brown Mastic 2% Chrysotile - Paint Texture 2% Chrysotile - Paint Texture 2% Chrysotile - Paint Texture None Detected - Paint Layer None Detected - Paint Layer These samples were analyzed by layers. The overall percent asbestos for the sample is reported when relevant. The EPA considers a material to be asbestos containing only if it contains greater than one percent asbestos by Calibrated Visual Area Estimation (CVAE). EPA regulations also indicate that Regulated Asbestos Containing Materials (RACM) materials that are friable or may become friable be further analyzed by point counting when the results indicate less than ten percent asbestos by CVAE. CatesLab utilizes CVAE on a routine basis and does not include point counting unless specifically requested by the client. The results may not be reproduced except in full.

19 PLM REPORT SUMMARY Cates Laboratories NVLAP Lab No Motor Circle TDSHS License No Dallas, Texas (214) Client: Terracon Lab Job No.: PLM Project: 570 E. Dove St. Set No.: Project No: Report Date: 1/9/2017 Identification: Asbestos, Bulk Sample Analysis Sample Date: 1/4/2017 Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 2 of 7 On 1/6/2017, fifty-four (54) bulk samples were submitted by Mr. Chad Champagne of Terracon for asbestos analysis by PLM/DS. Copies of the lab data sheets are attached; additional information may be found therein. The results are summarized below: Lab Sample No. Client Field I.D. Sample Description/Location Asbestos Content CL Ceiling Texture (white, splatter drag) w/drywall & Joint Compound - Kitchen, Center CL Ceiling Texture (white, splatter drag) w/drywall & Joint Compound - Kitchen, Center CL Ceiling Texture (white, splatter drag) w/drywall & Joint Compound - Kitchen, Northeast Corner 2% Chrysotile - Paint Texture 2% Chrysotile - Paint Texture None Detected - Paint Layer CL Wall Texture (white, semi-smooth) - Bedroom 1 2% Chrysotile - Paint Texture CL Wall Texture (white, semi-smooth) - Dining Room 2% Chrysotile - Paint Texture CL Wall Texture (white, semi-smooth) - Living Room 2% Chrysotile - Paint Texture CL Wall Texture (white, semi-smooth) - Bedroom 2 2% Chrysotile - Paint Texture These samples were analyzed by layers. The overall percent asbestos for the sample is reported when relevant. The EPA considers a material to be asbestos containing only if it contains greater than one percent asbestos by Calibrated Visual Area Estimation (CVAE). EPA regulations also indicate that Regulated Asbestos Containing Materials (RACM) materials that are friable or may become friable be further analyzed by point counting when the results indicate less than ten percent asbestos by CVAE. CatesLab utilizes CVAE on a routine basis and does not include point counting unless specifically requested by the client. The results may not be reproduced except in full.

20 PLM REPORT SUMMARY Cates Laboratories NVLAP Lab No Motor Circle TDSHS License No Dallas, Texas (214) Client: Terracon Lab Job No.: PLM Project: 570 E. Dove St. Set No.: Project No: Report Date: 1/9/2017 Identification: Asbestos, Bulk Sample Analysis Sample Date: 1/4/2017 Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 3 of 7 On 1/6/2017, fifty-four (54) bulk samples were submitted by Mr. Chad Champagne of Terracon for asbestos analysis by PLM/DS. Copies of the lab data sheets are attached; additional information may be found therein. The results are summarized below: Lab Sample No. Client Field I.D. Sample Description/Location Asbestos Content CL Wall Texture (white, semi-smooth) - Bedroom 3 2% Chrysotile - Paint Texture CL Wall Texture (white, semi-smooth) - Hallway 2% Chrysotile - Paint Texture CL Wall Texture (white, semi-smooth) - Bedroom 4 2% Chrysotile - Paint Texture CL Wall Texture (white, splatter drag) - Kitchen, Northwest Corner 2% Chrysotile - Paint Texture CL Wall Texture (white, splatter drag) - Kitchen, East Wall None Detected - Paint Texture None Detected - Wall Covering CL Wall Texture (white, splatter drag) - Kitchen, Northeast Corner None Detected - Paint Texture None Detected - Wall Covering CL Resilient Sheet Flooring (tan, square pattern) over Floor Tile w/mastic (brown) - Kitchen, North None Detected - Sheet Flooring None Detected - Mastic None Detected - Floor Tile None Detected - Mastic/Backing These samples were analyzed by layers. The overall percent asbestos for the sample is reported when relevant. The EPA considers a material to be asbestos containing only if it contains greater than one percent asbestos by Calibrated Visual Area Estimation (CVAE). EPA regulations also indicate that Regulated Asbestos Containing Materials (RACM) materials that are friable or may become friable be further analyzed by point counting when the results indicate less than ten percent asbestos by CVAE. CatesLab utilizes CVAE on a routine basis and does not include point counting unless specifically requested by the client. The results may not be reproduced except in full.

21 PLM REPORT SUMMARY Cates Laboratories NVLAP Lab No Motor Circle TDSHS License No Dallas, Texas (214) Client: Terracon Lab Job No.: PLM Project: 570 E. Dove St. Set No.: Project No: Report Date: 1/9/2017 Identification: Asbestos, Bulk Sample Analysis Sample Date: 1/4/2017 Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 4 of 7 On 1/6/2017, fifty-four (54) bulk samples were submitted by Mr. Chad Champagne of Terracon for asbestos analysis by PLM/DS. Copies of the lab data sheets are attached; additional information may be found therein. The results are summarized below: Lab Sample No. Client Field I.D. Sample Description/Location Asbestos Content CL Resilient Sheet Flooring (tan, square pattern) over Floor Tile w/mastic (brown) - Kitchen, Center CL Resilient Sheet Flooring (tan, square pattern) over Floor Tile w/mastic (brown) - Laundry Room, East None Detected - Sheet Flooring None Detected - Mastic None Detected - Floor Tile None Detected - Mastic/Backing None Detected - Sheet Flooring None Detected - Mastic None Detected - Floor Tile None Detected - Mastic/Backing CL Resilient Sheet Flooring (brown, hexagon pattern) - Sunroom, Stairs None Detected - Sheet Flooring 65% Chrysotile - Fibrous Backing CL Resilient Sheet Flooring (brown, hexagon pattern) - Sunroom, Center None Detected - Sheet Flooring 65% Chrysotile - Fibrous Backing CL Resilient Sheet Flooring (brown, hexagon pattern) - Sunroom, North None Detected - Sheet Flooring 65% Chrysotile - Fibrous Backing CL " X 4" Ceramic Floor/Wall Tile (white) w/grout (white) & Thinset (grey) - East Restroom, South Wall CL " X 4" Ceramic Floor/Wall Tile (white) w/grout (white) & Thinset (grey) - East Restroom, South Floor CL " X 4" Ceramic Floor/Wall Tile (white) w/grout (white) & Thinset (grey) - East Restroom, South Floor CL " X 4" Ceramic Floor/Wall Tile (pink) w/grout (white) & Thinset (grey) - Southeast Restroom, South Wall CL " X 4" Ceramic Floor/Wall Tile (pink) w/grout (white) & Thinset (grey) - Southeast Restroom, North Wall None Detected - Ceramic Tile None Detected - Grout None Detected - Thinset None Detected - Ceramic Tile None Detected - Grout None Detected - Thinset None Detected - Ceramic Tile None Detected - Grout None Detected - Thinset None Detected - Ceramic Tile None Detected - Grout None Detected - Thinset None Detected - Ceramic Tile None Detected - Grout None Detected - Thinset These samples were analyzed by layers. The overall percent asbestos for the sample is reported when relevant. The EPA considers a material to be asbestos containing only if it contains greater than one percent asbestos by Calibrated Visual Area Estimation (CVAE). EPA regulations also indicate that Regulated Asbestos Containing Materials (RACM) materials that are friable or may become friable be further analyzed by point counting when the results indicate less than ten percent asbestos by CVAE. CatesLab utilizes CVAE on a routine basis and does not include point counting unless specifically requested by the client. The results may not be reproduced except in full.

22 PLM REPORT SUMMARY Cates Laboratories NVLAP Lab No Motor Circle TDSHS License No Dallas, Texas (214) Client: Terracon Lab Job No.: PLM Project: 570 E. Dove St. Set No.: Project No: Report Date: 1/9/2017 Identification: Asbestos, Bulk Sample Analysis Sample Date: 1/4/2017 Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 5 of 7 On 1/6/2017, fifty-four (54) bulk samples were submitted by Mr. Chad Champagne of Terracon for asbestos analysis by PLM/DS. Copies of the lab data sheets are attached; additional information may be found therein. The results are summarized below: Lab Sample No. Client Field I.D. Sample Description/Location Asbestos Content CL " X 4" Ceramic Floor/Wall Tile (pink) w/grout (white) & Thinset (grey) - Southwest Restroom, Center Floor CL " X 12" Ceramic Floor Tile (white, aggregate pattern) w/grout (grey) - Main Hallway CL " X 12" Ceramic Floor Tile (white, aggregate pattern) w/grout (grey) - Main Hallway CL " X 12" Ceramic Floor Tile (white, aggregate pattern) w/grout (grey) - Main Hallway None Detected - Ceramic Tile None Detected - Grout None Detected - Thinset None Detected - Ceramic Tile None Detected - Grout None Detected - Ceramic Tile None Detected - Grout None Detected - Ceramic Tile None Detected - Grout CL Firebrick (grey) - Back Patio None Detected CL Firebrick (grey) - Back Patio None Detected CL Firebrick (grey) - Back Patio None Detected CL Exterior Building Caulk (grey) associated w/brick Grill - Back Patio None Detected CL Exterior Building Caulk (grey) associated w/brick Grill - Back Patio None Detected CL Exterior Building Caulk (grey) associated w/brick Grill - Back Patio None Detected CL Exterior Door Caulk (black) - Back Patio, Door 1 3% Chrysotile CL Exterior Door Caulk (black) - Back Patio, Door 2 3% Chrysotile CL Exterior Door Caulk (black) - Back Patio, Door 2 20% Chrysotile CL Exterior Window Caulk (white) - Back Patio Window None Detected CL Exterior Window Caulk (white) - Back Patio Window 3% Chrysotile CL Exterior Window Caulk (white) - Back Patio Window 3% Chrysotile CL Roof Shingle - South Roof None Detected - Roofing Shingle None Detected - Roofing Felt These samples were analyzed by layers. The overall percent asbestos for the sample is reported when relevant. The EPA considers a material to be asbestos containing only if it contains greater than one percent asbestos by Calibrated Visual Area Estimation (CVAE). EPA regulations also indicate that Regulated Asbestos Containing Materials (RACM) materials that are friable or may become friable be further analyzed by point counting when the results indicate less than ten percent asbestos by CVAE. CatesLab utilizes CVAE on a routine basis and does not include point counting unless specifically requested by the client. The results may not be reproduced except in full.

23 PLM REPORT SUMMARY Cates Laboratories NVLAP Lab No Motor Circle TDSHS License No Dallas, Texas (214) Client: Terracon Lab Job No.: PLM Project: 570 E. Dove St. Set No.: Project No: Report Date: 1/9/2017 Identification: Asbestos, Bulk Sample Analysis Sample Date: 1/4/2017 Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 6 of 7 On 1/6/2017, fifty-four (54) bulk samples were submitted by Mr. Chad Champagne of Terracon for asbestos analysis by PLM/DS. Copies of the lab data sheets are attached; additional information may be found therein. The results are summarized below: Lab Sample No. Client Field I.D. Sample Description/Location Asbestos Content CL Roof Shingle - West Roof None Detected - Roofing Shingle None Detected - Roofing Felt CL Roof Shingle - Southwest Roof None Detected - Roofing Shingle None Detected - Roofing Felt CL Roof Membrane (grey) - West Roof Awning None Detected - Roofing Membrane None Detected - Roofing Insulation CL Roof Membrane (grey) - West Roof Awning None Detected - Roofing Membrane None Detected - Roofing Insulation CL Roof Membrane (grey) - West Roof Awning None Detected - Roofing Membrane None Detected - Roofing Insulation These samples were analyzed by layers. The overall percent asbestos for the sample is reported when relevant. The EPA considers a material to be asbestos containing only if it contains greater than one percent asbestos by Calibrated Visual Area Estimation (CVAE). EPA regulations also indicate that Regulated Asbestos Containing Materials (RACM) materials that are friable or may become friable be further analyzed by point counting when the results indicate less than ten percent asbestos by CVAE. CatesLab utilizes CVAE on a routine basis and does not include point counting unless specifically requested by the client. The results may not be reproduced except in full.

24 PLM REPORT SUMMARY Cates Laboratories NVLAP Lab No Motor Circle TDSHS License No Dallas, Texas (214) Client: Terracon Lab Job No.: PLM Project: 570 E. Dove St. Set No.: Project No: Report Date: 1/9/2017 Identification: Asbestos, Bulk Sample Analysis Sample Date: 1/4/2017 Test Method: Polarized Light Microscopy/Dispersion Staining (PLM/DS) EPA Method 600/R-93/116 Page 7 of 7 On 1/6/2017, fifty-four (54) bulk samples were submitted by Mr. Chad Champagne of Terracon for asbestos analysis by PLM/DS. Copies of the lab data sheets are attached; additional information may be found therein. STATEMENT OF LABORATORY ACCREDITATION The samples were analyzed in general accordance with the procedures outlined in the Method for the Determination of Asbestos in Bulk Building Materials, EPA/600/R-93/116 or the U.S. Environmental Protection Agency method, under AHERA (EPA 600/M ), for the analysis of asbestos in building materials by polarized light microscopy. The results of each bulk sample relate only to the material tested and the results shall not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST, or any agency of the Federal Government. Specific questions concerning bulk sample results shall be directed to the Laboratory Director. Analyst: Chris Munch Laboratory Director: John R. Cates, P.G. Approved Signatory: NVLAP LAB CODE