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SEP 18 2001 3 15PM 14ICKLPND CORP F 1� _ (4) APR 2 7 2000 t�VICKL,4lVl.j vrL (�?�VIPANY ACCESS AGREEMENT THIS ACCBSS AGREEMENT (the "Agreement") is entered into by and between Wickland Oil Company, a. California corporation and successor in interest to Wickland Properties and Regal Stations, Inc (hereinafter "Widdand"), and Lincoln Properties, Ltd , a California Iinuted partnership (hereinafter "Lincoln'). Lincoln is the owner of that real property situated at 6425 pacific Avenue, Stockton, California(hereinafter, the "Stockton Site") that is the subject of this Agreement RECITALS A On or about October 1, 1975, Gerald Moon, Jr. and Howard Randall Marino, as Lessees, and Lincoln, as Lessor, entered into that certain lease with regard to the Stockton Site forpurposes of operating a gasoline service station and car wash Said Lease was assigned from Moon and Randall to Wickland, with the consent of 'Lincoln, on or about rune 16, 1982 The lease agreement for the Stockton Site, as amended from time to time by Lincoln and Wickland, shall hereinafter be referred to as the "Lease ' B From dune IG, 1982 to August 2, 1988, Wickland operated a gasoline service station at the Stockton Site pLirsuarit to the Lease. In furtherance of that certain Consent to Sublease signed by Wickland and Lincoln on or about May 25, 1988, the Stockton Site was sublet to Exxon Company, U S.A ("Exxon"), effective August 2, 1988 The Lease and the Exxon sublease each expired by their own terms on August 2, 1998, C During October 1988, Wickland replaced the underground storage tanks and product lines at the Stockton Site, as required under the Exxon sublease During the course of performing this work, Wickland discovered petroleum contamination at the Stockton Site attributable to the period prior to and/or during Wickland's operation of the Stockton Site (hereinafter, the "Wickland Contamination"). Since October 1988, Wickland has been continuously engaged in environmental remediation activities with regard to the Wickland Contammation, on and adjacent to the Stockton Site, pursuant to and in accordance with regulatory directives, D At pertinent times during the eo�=e of Wickland's remediation of petroleum contamination at the Stockton Site, the Lincoln Center adjacent to the Stockton Site has been contaminated by, among other things, tetrachloroethane (PCE), tnWoroethene (TCE) and tram- 172-diebloroethene (DCE) (hereinafter, the "Lincoln Contamination") Due to regulatory concerns about possible commingling of the Lincoln Contamination plume with the Wickland - 1 -