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ACCESS AGREEMENT BETWEEN <br /> CALTRANS AND ARCO PRODUCTS COMPANY <br /> i <br /> THIS ACCESS AGREEMENT is made as of September 1994 (this "Agreement"), by and <br /> between Caltrans, hereinafter referred to as "Grantor" and ARCO Products Company, a division <br /> of Atlantic Richfield Company, hereinafter referred to as "Grantee." <br /> 1. RECITALS <br /> • k <br /> 1.1 Grantor owns certain real property located at Interstate 5 and Benjamin Holt-Drive, <br /> in Stockton, California, (the "Property!' "). <br /> 1.2 Grantee desires to drillon a portion of the Property borehole(s) (the "Boreholes") <br /> and groundwater monitoring well(s) (the "Wells") and to perform assessment and other related <br /> work on the Property as required by ,or in accordance with applicable environmental laws and <br /> regulations, or as required by or acceptable to those regulatory agencies exercising appropriate <br /> jurisdiction (collectively, the "Work"). <br /> 1.3 The parties desire to enter into this Agreement to allow Grantee to install said <br /> Boreholes and Wells on the Property and to provide access to the Property to Grantee.,or its <br /> representatives for the purpose of performing the Work authorized by this Agreement. , <br /> 2. AGREEMENT <br /> In consideration+of the above and the mutual covenants and agreements herein, the parties'agree <br /> as follows: <br /> i <br /> 2.1 Grantor hereby grants Grantee or its representatives permission to enter onto the <br /> Property for the purpose of performing the Work authorized by this Agreement. Grantor <br /> authorizes Grantee or its representatives to release any and all analytical geotechnical data and <br /> site assessment :information obtained during the performance of the Work to appropriate <br /> government agencies. Copies of final assessment and remediation reports pertinent to the <br /> Property and provided to such agencies shall also be provided to Grantor. <br /> 2.2 Grantee shall not permit'any liens to`stand against the Property for the Work done <br /> or materials furnished to Grantee, and Grantee shall indemnify, defend and save_ Grantor harmless <br /> from any such liens for the Work performed under this Agreement. <br /> 2.3 If the surface of the Property or any improvements thereon shall be disturbed by <br /> the Work, then, upon completion of :Work, the surface or improvements shall be promptly <br /> restored by Grantee to its condition just prior to such disturbance. <br /> 2.4 Grantee shall, after` the Boreholes or Wells are no` longer useful to the <br /> investigation, backfill or close out such Boreholes or Wells according to applicable.standards. <br /> 10/93 1506WGREEW 1506-01.L-6 <br />