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CHEVRON EMC 9258420213 10/31 '03 13:22 NO.491 02/05 `✓ "Wow COPY NO. 1 SITE ACCESS AGREEMENT 6RO035 9b 9 rc This Site Access Agreement is entered into this n> day of rte, 2000, by and between Chevron Products Company, a division of Chevron U.S.A.,Inc.,by and th.rougli.its contract operator, Chevron Environmental.Management Company, a. California corporation (hereinafter. "Ch.evron') and West Side Irrigation District (hereinafter"Owner"). WHEREAS, Owner holds record title to certain real property located in the County of San.Joaquin, State of California,as more particularly described in.Exhibit"A" attached here to and incorporated herein.by this reference,hereinafter(the "Property"); and WHEREAS, Chevron operated crude oil pipelines on a right-of.--way adjacent to the Property; and WHEREAS,the Parties are aware that certain.real property, 1881. Rustan.Road., Tracy, California(Ban,Joaquin Assessor's Parcel Number 232-170-05)and 1755 W. 1.1 Street.Tracy,California.(San Joaquin.Assessor's Parcel Number. 232-170-07), (collectively referred to as"Adjoining Property"), in.the vicinity of the property have been impacted by residual petroleum hydrocarbons contamination. and NOW THEREFORE, inconsideration of the material promises contained herein,the parties agree as follows: 1. As part of its assessment of environmental conditions present on.the Adjoining Property,Chevron desires access to the Property to perform assessment activities to define the extent,if any,of petroleum hydrocarbon contamination present on.the Adjoining Property. Owner grants Chevron reasonable access to the Property for the purpose of performing an, environmental site assessment of surface and sub-surface conditions. Said assessment may include sofl and groundwater delineation and sampling activities,and the installation of monitor wells if such.installation is deemed. by Chevron to be prudent practice. In.the event that Chevron.desires to install monitor wells, it shall first secure Owner's approval.of the location.of said wells,which approval shall not be unreasonably withheld. 2. Chevron shall give Owner such.reasonable advance notice of its intention.to perform its assessment activities as will permit Owner to have its representative and/or consultant present during the performance of such. Owner shall.be entitled to take split samples at its sole cost and expense if it so desires. 3. Chevron agrees to provide Owner with copies of all. data,analyses,and -final reports which are prepared relating to the investigation performed on the Site Access Agrsmment:West Sidc lrripnrion District December 28.1999