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ACCESS AGREEMENT Carl McArthur, Jr., owner of the real property at 10848 Copperopolis Road, Stockton, San Joaquin County, APN 10311006, (the "Site"), hereby grants permission to the Central Valley Regional Water Quality Control Board ("Central Valley Water Board"), and its agents, employees, contractors, consultants, representatives, and invitees, including the agents and employees of other state agencies consulting with the Central Valley Water Board on this Site, to enter onto the Site for the purposes of conducting the Activities defined below. "Activities" shall mean all of the actions necessary to execute necessary investigation and/or remedial actions to address the unauthorized release of petroleum products at the Site. "Activities" shall also include all necessary follow-up inspections of the work, periodic monitoring of temporary monitoring points (e.g. vapor or groundwater monitoring wells), maintenance of any remedial system installed, and all additional work necessary to evaluate the effectiveness of the remedial actions performed. Pursuant to Water Code section 13304(b)(2), the Central Valley Water Board and its agents, contractors, and consultants will be developing and implementing site investigation and remedial actions at the Site to address the unauthorized release of petroleum products at the Site. To carry out this objective, Carl McArthur, Jr. agrees to allow reasonable access to the Site as necessary for the performance of the Activities described above and to not interfere with the work at the Site. Carl McArthur, Jr. and his heirs, assigns, personal representatives and/or estate understand that the Central Valley Water Board may, for whatever reason, including lack of available funds, discontinue Activities at the Site at any time. Carl McArthur, Jr. and his heirs, assigns, personal representatives and/or estate agree to hold the Central Valley Water Board harmless for any act, excepting those attributable to gross negligence or intentional misconduct, that are reasonably related to the Activities at the Site and that result in the loss of value, or restrictions on the use of, the Site. The Central Valley Water Board and/or its agents, contractors, and consultants agree to exercise due care when engaging in Activities at the Site. "Due care" shall mean that the Central Valley Water Board and/or its agents, contractors, and consultants shall take all precautions with respect to a particular waste that a similarly situated reasonable and prudent person would have taken, in light of all known relevant facts and circumstances. The grant of access in this agreement shall terminate upon the Central Valley Water Board's discontinuation of Activities at the Site or three years from the effective date of this agreement, whichever is sooner. This agreement may be amended or modified only by a written instrument executed by Carl McArthur, Jr and the Central Valley Water Board's staff, or their authorized representative. By: Carl McArthur, Jr Date: w g_p By: Central Valley Water Board's staff