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i <br /> r <br /> SITE ACCESS AGREEMENT <br /> This Site Access Agreement is entered into this day of . 1997,by and <br /> between Chevron Products Company,a division of Chevron U.S.A., Inc.,a Pennsylvania <br /> corporation, its successors and assigns, (hereinafter"Chevron")and Hagop Manuelian <br /> (hereinafter"Owner"). <br /> WHEREAS,Owner is the holder of record title to certain real property located near the <br /> intersection of Byron and Corral Hollow Roads in the City of Tracy,also referred to APN <br /> number 238-030-18,situated in the County of San Joaquin,State of California„hereinafter(the <br /> "Property"); and <br /> WHEREAS,Chevron is the successor in title and interest in and to easement and rights <br /> of way for one or more pipelines for the transportation of oil,petroleum or gas("Pipeline"), <br /> which Pipeline easements and/or rights-of-way intersect with a portion of the Property;and <br /> WHEREAS,xylenes have been detected in groundwater beneath the Property;the source <br /> of which has not yet been established;and <br /> WHEREAS,the known possible sources of the xylene detection in groundwater,should <br /> the detection be confirmed,are the following: 1)from a documented gasoline tank leak from an <br /> adjacent property;and 2)from operations of Chevron's historical Pipelines; <br /> WHEREAS,as of the date hereof,no duly constituted federal,state,or local <br /> governmental authority(hereinafter"Agency") has ordered either Party to remediate any portion <br /> of the potentially impacted groundwater beneath Property,but the Parties nonetheless desire to <br /> provide for certain investigation/assessment measures to be taken in connection with this <br /> potentially-impacted groundwater; <br /> NOW THEREFORE,in consideration of the material promises contained herein,the <br /> parties agree as follows: <br /> 1. As part of its investigation of environmental conditions present on the Property,Chevron <br /> shall have access to the Property and shall perform such soil and groundwater investigation <br /> activities as may be reasonably necessary to determine if the site has been impacted by historical <br /> operations of Chevron's Pipelines. In addition,at the Owner's request,Chevron agrees to have <br /> the groundwater samples collected during its investigative activities analyzed for methyl tertiary <br /> butyl ether(hereinafter"MTBE"),which is not associated with Chevron's historical operations. <br /> By analyzing groundwater samples for MTBE,Chevron is not admitting responsibility for its <br /> potential presence in groundwater,but is simply performing this analysis as a good-will gesture <br /> to the Owner since Chevron is already intending on analyzing the groundwater samples. <br /> Site Access Agreement 1 <br /> JNR/12.19.96 <br />