SITE INFORMATION AND CORRESPONDENCE

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i ti JM.V�I'� t4Y F✓ SCTE ACCESS AGREEMENT NOV 0 7 2005 T;4r12risaSit�rW s Agreement("Agreement") is entered into by and between Chevron U. . ., nc., a ennsylvania corporation, by and through its contractor operator, Chevron Environmental Management Company, a California corporation, (hereinafter jointly "Chevron"),and Trimark Communities, LLC, a California limited liability company (hereinafter"Owner"). WHEREAS, Owner holds record title to or has control of certain real properties (APN 209-030-04,209-040-09, and 209-040-13)located along Byron Road in the future town of Alountain House, situated in the County of San Joaquin, State of California, and more specifically described in Exhibit"A" attached hereto and made a part hereof(hereinafter the "Property");and WHEREAS, Chevron U.S.A. Inc. and Chevron Environmental Management Company, are subsidiaries of Chevron Corporation; and WHEREAS, Standard Oil Company of California,predecessor to Chevron U.S.A. Inc. operated crude oil pipelines (the"Pipelines") within a right-of-way through and adjacent to the Property; and WHEREAS, the parties are aware that petroleum hydrocarbon-affected soil was identified during site investigation activities on and in the vicinity of the Property as documented in Condor Earth Technologies, Inc., Chevron Pipeline Easement, Environmental Assessment Peport Mountain House, Cal!fbrnia, dated November 26, 2001; and WHEREAS,in the course of infrastructure installation activities, Owner's representatives encountered petroleum hydrocarbon-affected soil along Byron Road on and in the vicinity of the Property and Pipelines.. NOW THEREFORE, in consideration of the material promises contained herein,the parties agree as follows: I. As part of its assessment of environmental conditions present:on the Property, Chevron desires access to and the right to enter upon the Property to perforin assessment activities to define the extent, if any, of petroleum hydrocarbon contamination present on the Property in the vicinity of the Pipelines. Owner grants Chevron reasonable access to acid the right to enter upon the Property in the vicinity of the Pipelines for the purpose of performing an environmental site assessment of surface and sub-surface conditions, which assessment may include soil and groundwater sampling (collectively,"Assessment Activities"). Such right shall consist of revocable license,and under no circumstances and in no manner a right of possession or evidence of any interest in or to the Property. In the event.that Chevron desires to install monitor wells, it sliall first secure Site Access Agreen-witt Page 1 of 8