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�I 0 1 , LICENSE AGREEMENT (Monitoring 2 (Monitoring Well) 4 / 5 CCCITTZCC (("If'--' 6 T1i3S LICENSE AGREEMENT is made as of this day 7 of / , 199 , by and between PROPERTY 8 DEVELOPMENT AS IATES, a California general partnership, CENTRO 9 MART, INC. , a California corporation (collectively "Licensor") , 10 and TEXACO REFINING AND MARKETING, INC. , a Delaware corporation 11 ("Licensee") . 12 13 _ R E C I T A L S 14 15 A. Licensor is the lessee and sublessee, respectively of a 16 certain parcel of real property located at/ est anter Wa 17 City oi• Stockton, State of California, whiC�erty is .re 18 particularly described in Exhibit A attached hereto and 19 incorporated herein by reference (the "Property") and Licensor 20 warrants that it has the necessary authority to enter into this 21 Agreement; 22 23 B. Licensee is the owner (or operator) of certain real 24 property (the "Adjacent Property") located at 440 West Charter 25 Way, Stockton, California, which property is located 26 approximately two hundred (200) feet west of the Property and 27 shown on the plot plan attached hereto as Exhibit B and 28 incorporated herein by reference. 29 30 C. Licensee caused to be operated on the Adjacent Property 31 a gasoline service station; 32 33 D. An inspection of the Adjacent Property conducted by 34 Licensee disclosed contamination of the soils and groundwater 35 thereunder by benzene, toluene, ethyl benzene and xylene and 36 other materials, which may be hazardous to the health of 37 individuals coming into contact therewith. 38 39 E. Licensee desires to obtain the approval of Licensor for 40 the installation of monitoring wells on the Property to collect 41 data and to develop a site assessment and remediation plan for 42 the Property and the Adjacent Property, all such acts to be in 43 accordance with all Legal Requirements (as hereinafter defined) 44 and the requirements of the owners of any affected property; and 45 ' 46 F. Licensee requires reasonable access to the Property in 47 order to implement all of the above correctional measures. 48 49 NOW, THEREFORE, in consideration of the granting of the 50 license set forth herein, of the mutual promises, covenants, 51 conditions and agreements hereinafter set forth, the parties 52 hereby agree as follows: 53 54 1. Grant of License. Licensor hereby grants to 55 Licensee, its employees, representatives and contractors, a 56 non-exclusive license (the "License") to enter upon, over across 57 and under the Property from time to time during the term hereof 58 to install, sample, maintain, repair, operate and close one (1) 59 groundwater monitoring well in such specific location on the 60 Property that has been or will be established by Licensee in 61 consultation with Licensor and in accordance with all applicable 62 federal, state and municipal statutes and ordinances, and with 63 all regulations, orders and directives of appropriate 64 -governmental agencies, as such statutes ordinances, regulations, 65 orders and directives now exist or may hereafter provide 66 (collectively the "Legal Requirements") and to perform such 67 other work as may be agreed upon in writing by Licensor and 68 Licensee in the future. 69 License Agreement.SLN Facility No. 89-7934-01 70 11/13/1992 Stockton, CA 71 Page 1 of 4 _ , 4 -