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r -r„ APR- 6-94 WED 12 : 5+ P . 02 DEPARTMENT OF THE Al( ' ACCESS AGREEMENT FOR SURVEY AND EXPLORATION OF FORMERLY USED DEFENSE SITES DEFENSE DISTRIBUTION REGION WEST, TRACY, IRp CONTRACT NO. DACAOS-9.94-032 The undersigned, hereinafter called the "Owner", hereby grants to the UNITED STATES OF AMERXCA, hereinafter called the "Government", an access agreement for entry upon the following terns and conditions: 1. The Owner hereby grants to the Government an irrevocable right of ingress and egress upon the lands hereinafter described at any time within a period of six (6) months from the date of this instrument, to survey, make test borings, conduct samplings, and carry out such other exploratory work, as delineated in paragraph 2, which may be necessary to complete the investigation being made of said lands by the Government or its contractor under the remedial design phase of the Defense Environmental Restoration program. 2. Scope of work shall include but may not be limited to the following: Site investigation of groundwater by a cone penetrometer survey followed by sampling of soil Boles of approximately two inches in diameter will be drilled on your property to varying depths of the aquifer. All excavations will be backfilled per State of California requirements for prevention of groundwater contamination. 3. The permit includes the right of ingress and egress on other lands of the Owner not described below, provided such ingress and egress is necessary and not otherwise conveniently available to the Government. 4. All tools, equipment, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or access agreement. 5. The Government agrees to be responsible for damages arising from the activity of the Govcmment, it officers, employees, or representatives on said land, in the exercise of rights under this permit or access agreement either by repairing such damage, or at the option of the Government, by making an appropriate settlement with the Owner in lieu thereof (as funding is available and federal law and regulation permit). 6. If aircraft flights over said lands or entry upon the land by Means of helicopter or other type aircraft arc necessary, the Government shall inform the Owner, In advance, of each such flight or entry. 7. Upon completion of the initial survey and detemunation of contamination prescribing in part Government responsibility, the area shall be remediated in accordance with all )Federal, State and local environmental requirements, to tho extent the Govemment is found to be responsible, as funds arc available or appropriated.