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DEC. 19. 2006 5. 59PM PJNS-925-979-9781 W5103 P. 11 <br /> RIGHT OF ENTRY AMENDMENT NO. 1 <br /> This Right of Entry Amendment No. 1(the"Amendment"),dated for reference purposes only <br /> September 26,2006,is entered into by and between Marvin L,Oates,co-Trustee of the Marvin L,Oates <br /> Trust and O.K.and B.,a California general partnership(collectively"Owners"),and Atlantic Richfield <br /> Company("ARC"),,a Delaware corporation. (Owners and ARC are collectively referred to herein as the <br /> "Parties"). <br /> RECITALS <br /> I. Owners are the owners of the certain real property located in the county of San Joaquin,State of <br /> California,commonly known as Assessor's Parcel Number 177-0270-04(the"Property") <br /> 2. ARC is responsible for BP-related environmental remediation at the property and has requested <br /> permission from Owners to enter the Property for the limited purpose of installing and periodically <br /> inspecting a monitoring well as more particularly described in the scope of work described in Exhibit I <br /> attached hereto(the"Work") <br /> 3. Owners and BP Amoco Chemical Company entered into a Right of Entry Agreement dated May 15, <br /> 2004 wherein the Owners allowed for a limited right of entry on the property for the purpose of <br /> performing the work described in Exhibit I (the"Work") <br /> 4. The Owners and ARC now desire to amend the Right of Entry Agreement to allow ARC and ARC's <br /> employees,agents,consultants and contractors(the"BP Parties)a one-time access to drill borings as <br /> directed by the California Regional Water Quality Control Board. <br /> AGREEMENT <br /> THEREFORE,in consideration of the covenants and agreements contained herein,the parties <br /> hereby mutually agree as follows: <br /> I. Owners hereby grant to the BP Parties a one-time access right of entry on the property for the purpose <br /> of performing the drill borings as directed by the California Regional Water Quality Control Board <br /> (Water Board)more particularly described in Exhibit 2 attached hereto.This one-time access right of <br /> entry shall expire on December 31,2006. <br /> 2. All other terms and conditions of the Right of Entry shall remain the sante in full force and effect. <br /> IN WITNESS WHEREOF,the Parties hereto have caused this Amendment to be executed as of the day <br /> and year written below, <br /> OWNERS: TENANT: <br /> Marvin i..Oates,co-Trustee of'the Marvin L. Atlantic Richrield Company, <br /> Oates Trust and OK&B,a California general a Delaware corporation <br /> partnership <br /> By: BY:_ _ <br /> Marvin �eco-' rustee o the Marvin L. Kyle Chr' e,Environmental Business Manager <br /> Oates Trust <br /> By_ Dated: "/1- n 6 ,2006 <br /> Marvin L. al?._,co-Trustee of the Marvin L. <br /> Oates Trust,General Partner <br /> Dated:_ fL . G' _,2006 <br />