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06/10/2010 07:52 20995526 INTEGRATED TELEC* PAGE 01/02 it RIGHT OF ENTRY FOR CONSTRUCTION OF A RECHARGE TRENCH AND MONITORING WELLS AS PART O F THE CITY OF STOCKTON DELTA WATER SUP.MY PROJECT APN 069-080-01 EMPIRE FIELDS, LLC, a California limited liability company, the "Owner"), hereby grants to the CITY OF STOCKTON, a municipal corporation in the C unty of San Joaquin, State of California, (the "City") and City's authorized agents, contractor . consultants, assigns and other representatives an irrevocable license to enter upon Owner's lat,d described as a portion of San Joaquin County Assessor's Parcel Numbers APN 069-080-01 obnsisting of(said area described below shall hereinafter be called"the Property"): a. A 2.46 acre area as shown on Exhibit -A," attad hed hereto and incorporated by Us reference,for a temporary construction emmem,' nt. It is understood and agreed that said permission to enter is forithe purpose of constructing the Delta Water Supply Project (the "Project") and accornplisl ing all incidents necessary to accomplish said construction on, in, under or above the Property including but not limited to construction of a recharge trench and installation of three ground water monitoring wells. Owner and City have reviewed a memorandum dated May 24, 2010 frcm Paul Meyerhofer, Senior Vice President, CDM to Timothy R. O'Brien of the Central Valley egional Water Quality Control Board, which describes that there currently exists on Owner's',property a methyl tertiary-butyl ether(MTBE) groundwater plume associated with the H&H Ma 'na at 15135 West 8 Mile Road, immediately adjacent to the west of Owner`s property. Owner understands that said recharge trench shall be filled with water daring City's dewatering operations elsewhere on Owner's property and that the recharge trench and monitoring wells arc being constructed as means of overcoming the influence of the dewatering well operations on migration of the MTBE plume. A portion of the water generated from the dewatering operation will be used to infiltrate into the recharge trench,establishing a hydraulic barrier to groundwater how and MTBE plume migration in order to prevent or minimise the flow of the existing coAtamination plume due to City's dewatering operation. City shall place gravel in the bottom 4-5 feet of the recharge trench to stabilize it and to minimize the back slope that would otherwise be required. Upon terminal ion of City's use City shall either cause or allow the trench to percolate and/or City shall pump any remaining water to Owner's remainder property and then fill the trench level to grade using soil reserved from the trench excavation, which shall be deposited over the gravel lull in l ace. If City elects to pump any water from the trench to Owner's remainder property then City hall test said water for MTBE no more than 24 huuis prior to pumping and City further agrees no to pump said water if it contains MTBE. City agrees to deposit any excess dirt on Owner's remainder property at a place designated by Owner. Owner understands that City shall not h liable for the amount or quality of the excess dirt and that City's responsibility is limited to the delivery and deposit of said dirt. City shall not be responsible for shaping, engineering or _preparing said dirt for Owner's subsequent use. Owner shall indemnify,protect, defend and held City harmless from any and all claims, actions, liabilities, costs and expense, including rem able attorney's fees, suffered or incurred by Owner or its members that arise out of or are in any way related to City's delivery and deposit of said dirt or Owner's ultimate use of that material Page 1 o£2