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SRN-09-2004 14:38 FROM:ECONOMI EV 209 9378904 T 094683433 P.003,005
<br /> 01/07/04 10:04 FAX 916 44284 CRYSTAL CREAMERY 2002
<br /> LICENSE TO PERFORM SURVEYS, SOIL BORINGS, SOIL TESTS,
<br /> INSPECTIONS AND ENVIRONMENTAL RECONNAISSANCE
<br /> 1, CRYSTAL CREAM & BUTTER CO., a corporation, ("Owner") hereby
<br /> grants to the City of Stockton, its agents, contractors and employees
<br /> ("City") a license to enter upon the property generally described as 404 W.
<br /> Fremont Street, Stockton, California (Assessor's Parcel Number 137-230-
<br /> 01) (the "Property") for the purpose of conducting surveys, tests, borings,
<br /> inspections, analysis and environmentai reconnaissance as described in
<br /> Exhibit "A,' attached and Incorporated herein by this reference, (hereafter
<br /> called the "Tests") on the property as City may deem necessary or
<br /> desirable in the exercise of its reasonable discretion, This license shall
<br /> commence upon the execution of this agreement and expire at 12:00
<br /> midnight on February 15, 2004 or upon City obtaining possession of the
<br /> Property by court order, whichever should occur first.
<br /> 2. In consideration of the grant of this license, City hereby agrees to
<br /> indemnify, defend and hold Owner harmless from and against any and all
<br /> losses, damages, causes of action, claims, liabilities, cost and expenses
<br /> (including reasonable attorneys' fees and court costs), suffered or incurred
<br /> by Owner as a result of the conduct of the Tests described above or the
<br /> entry upon the Property by City, its agents, contractors, employees,
<br /> licensees and invitees, including, without limitation, those arising from
<br /> mechanics' liens, injury to persons or damage to the Property, including
<br /> improvements located on the Property. The foregoing shall not include,
<br /> however, any cost, expense, claim or liability arising out of or in any way
<br /> related to contaminated soil, asbestos or other environmental hazards
<br /> discovered by the Tests. Prior to entry on the Property, City shall provide
<br /> Owner with insurance certificates from City's agents and contractors which
<br /> shall name Owner as an additional insured.
<br /> 3. Owner shall have the right, at Owner's sole cost and expense, to have a
<br /> third party consultant present during all work and to collect sample
<br /> duplicates.
<br /> 4, City shall conduct such Tests and shall otherwise enter upon the Property
<br /> at its sole risk, cost and expense. City shall provide Owner a minimum of
<br /> 48 hours notice prior to commencing the Tests.
<br /> 5. Without limiting the generality of the foregoing provisions, after conducting
<br /> its Tests, City agrees to restore the property and improvements located on
<br /> the Property to substantially the same condition as exists on the date of
<br /> this agreement All resultant products from the Tests such as soil, rinse
<br /> water, broken asphalt, cement grout shall become the property of City and
<br /> shall be disposed of in an appropriate manner by City.
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