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10/03/2002 16:48 2094671 8 AGE STOCKTON PAGE 02 <br /> Oct 03 02 04: 05p He and Helens Marina 209 • 6505 p. 2 <br /> Right of Entry Agreement <br /> eatThi Right of Entry License Agreement("Agreemenf�is made as of " Day of <br /> ,2002 by and between HERMAN AND HELEN'S MARINA ("HERMAN& <br /> HELEN'S")and the OWNER("OWNER" <br /> 1. Recitals. /\'GARcd <br /> A. HERMAN&HELEN'S presently operates a facility at 15135 West Eight <br /> Mile Road, Stockton,California which has been operated as a marina("the <br /> Marina'). <br /> B. OWNER owns certain real property located at 14501__West Ro..a , �� <br /> Stockton,California, ("Property")which is adjacent to the Marina. <br /> C. HERMAN&HELEN'S has conducted an environmental investigation of the <br /> Marina which con&rms that the soil and groundwater are contaminated with <br /> gasoline and diesel and their respective constituents and additives. <br /> D. The fuel hydrocarbons have contaminated the groundwater and could have <br /> Migrated from the Marina in such a manner that the plume is underneath the <br /> Property. <br /> E. HERMAN&HELEN'S has retained Advanced GeoEnvironmental, Inc. <br /> ("Consultant's who possesses the necessary professional engineering, <br /> geological and technical expertise to investigate and remediate environmental <br /> contamination of the type, emanating from the Marina. <br /> F. HERMAN &HELEN'S through its Consultant wants to conduct an <br /> Investigation of possible fuel hydrocarbon plume that would involve <br /> groundwater sampling and monitoring on the Property including,but not <br /> limited to exploratory soil and groundwater sampling through technology <br /> known as hydropunching(collectively the"Activities")on the Property. <br /> G. In granting this License to enter the Property, OWNER does not waive any of <br /> OWNER'S legal rights. <br /> H. The performance of the Activities will be at no cost or expense to OWNER <br /> and the parties recognize that all the work be performed by HERMAN& <br /> HELEN'S its agents or the Consultant. <br /> 1. It will be necessary for HERMAN&HELEN'S,the Consultant,its personnel, <br /> or persons performing under contract to HERMAN&HELEN'S to enter upon <br /> the Property for the purpose of conducting the Activities. <br /> J. After HERMAN&HELEN'S conducts its investigation of the Property, it <br /> shall bear the responsibility to abandon and/or destroy any monitoring wells <br /> 1 <br />