|
NOV-21-2001 15:11 ,EOMRTRIX FRESNO 559 264 7431 P.07i12
<br /> S
<br /> EXTENDED SITE ACCESS AND REMEDIATION AGREEMENT
<br /> This Site Remediation Agreement is entered into and made effective as of this -h day of
<br /> 1998, by and between Chevron U.S,A, Inc., a Pennsylvania corporation, (hereinafter
<br /> "C evron"), and Marie Gomes Farms, Inc.. Phillip Cardoza. Grantline Properties a Cal_ifomia General
<br /> Aartnershia, its heirs, successors, assigns, and any subsequent owner(s) of the Property (by whatever
<br /> means said Property interest was acquired)(hereinafter"Indemnitee"),
<br /> WHEREAS, Indemnitee is the present owner of certain real property located at t e Northwest comer of
<br /> Corral Holtow an4 Grant Line Roads,situated in San Joaouin County, State of California, more particularly
<br /> described in Attachment"A" hereof, hereinafter(the"Property");
<br /> WHEREAS, Chevron is the successor in title and interest in and to easements and rights of way for one or
<br /> more pipelines for the transportation of oil, petroleum or gas, which may intersect with a portion of
<br /> lndemnitee's Property; and
<br /> WHEREAS, as of the date hereof, no duly constituted governmental authority, federal or state, has
<br /> demanded environmental remedial action for clean-up or restoration of any portion of the Property;
<br /> NOW, THEREFORE, in consideration of the material promises contained herein, the parCes agree as
<br /> follows:
<br /> 1. Chevron agrees to assume responsibility for complying with any federal, stare or local ordered
<br /> investigation, monitoring and/or cleanup of petroleum hydrocarbon substances, which arises on the
<br /> Property, attributable to the April 1987 release from Chevron's pipeline or remediation of that release.
<br /> 2. Indemnitee shall promptly notify Chevron of any federal, state, or local ordered investigation,
<br /> monitoring and/or cleanup related to the Property of which the Indemnitee is aware.
<br /> `3. Indemnitee shall grant Chevron the full authority and exclusive right to negotiate the terms, schedule,
<br /> and manner of compliance with any order, proposed action or request for data by a federal, state or
<br /> local governmental agency concerning the Property insofar as the objective of such an order,
<br /> proposed action, or request for data relate to and are in compliance with this Agreement.
<br /> 4. a) Chevron shall be given the right to perform any and all investigatory. monitoring, and/or cleanup
<br /> required by an governmental agency order covered by this Agreement, at its sole cost and
<br /> expense.
<br /> b) Upon Indemnitee's reasonable request, Chevron shall, at its sole cost and expense, relocate
<br /> aboveground facilities or any portion thereof which obstructs any commercial activity of the
<br /> Indemnitee provided that such relocation meets with the approval of regulatory agencies
<br /> overseeing cleanup of the Property.
<br /> c) Chevron shall provide the Indemnitee a detailed Remedial Action Plan which shall include the
<br /> specific design of any above or below ground structures to be installed on the Property
<br /> including, but not limited to groundwater and soil vapor extraction wells, above and below
<br /> ground piping, fencing,treatment pads, and temporary electrical and plumbing connections.
<br /> S. Indemnitee shall take all steps to cooperate with Chevron in its performance of any such work or
<br /> remediation contemplated herein including, but not limited to, providing Chevron with:
<br />
|