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0 2 200 <br /> ENVIRONMENT HEALTH <br /> BF wF,ST COAST 11RODUCTS LLC PERMIT/SERVICES <br /> by <br /> ,w <br /> ACCESS AGREEMENT BE37WEEN <br /> UnCOla Pmpertics AND BP West Coast Products LC,a Caiifernia Limited Liability ComPany- <br /> 7 thi, "A rceltent"), by and between <br /> THIS ACCESS AGREEMENT is made as of October 25, 2710 ( g <br /> I~ineoln Properties,ltereinaficr collectively referred to as"Grantor,,", and BP vVTCst Coast Products LLC, a <br /> Delaware Limited Liability Company,hereinafter refeYrel d to as"Grantee"- <br /> 1. RECITALS <br /> 1.1 Grantor owns ctrtaill.real Kopel'ty located al 1614-1738 Hammer Lalle, Stockton, <br /> California(tile"Property") <br /> 1.2 Grantee desires to drill on a partion i Of the Property borehole (the "Borehole") and <br /> groundwater monitoring well (the" Well") and to perform assesstricnt on the Property as required by or in <br /> accordance: with applicable environmental laws and regulations, or as required by or acceptable to those <br /> regulatory agencies exercising appropriate jurisdiction(Lollectively"the"Work"). <br /> 13 The parties desire to enter.into this Agreement to allow Grantee to install said BQrcho)a <br /> fi <br /> and Well on the Property, periodic sampling of existing.Grantor m:'onitoring well omown by Sate Joaquin <br /> County as PW-1.), and to provide access to the Property to Grantee or its rep;'esentativcs far the purpose of <br /> performing the Work authorized by this Agreement <br /> 2, AGnEMENT <br /> In consideration of the above and the inutual covenants and agreements herein,the panics Follnws: <br /> 2.1 Grantor hereby grants Grantee or its lepresentatives permission to enter onto the Property <br /> for the purpose of performing the Work authorized bx this Agreement Grantor authorizes Grantee ar its <br /> representatives to release any and all analytical geotochnical data and site assessment information obtained <br /> during the perfortmnoe of the Work to appropriate go ermnent agencies. Copies of-Final assessment and <br /> remediation report's pertinent to the Property and provided to such agencies shall also be provided to <br /> Grmltar. <br /> 2.2 Except in a case of.an emergency, Grantee's environmental consultants will provide <br /> notice at least seven (7) days prior to each time they and/or Lheir subcontractors enter the Property to <br /> i perform the Activities; provided, however, that for any Activities that may continue for a time period <br /> extending over several days, BP's environmental consultants May give such notice by n single notice <br /> indicating the date of entry and estimated duration of Activities. <br /> 2-3 Grantee shall not permit any liens to stand against the Property for the Work done or <br /> materials funtished to Grantee, and Grantte shall indemnify, defend and save Grantor hannleys from any <br /> such liens for the Work performed under[his Agrccmcilt. Graztee will attempt to resolve any disputes over <br /> !, payment of fees owed by Grantee to any contractors performing any part of the Activities prion' to the <br /> =itractors' ding of any mechanic's liens against the Property. if Grantee's contractors File any <br /> l mechanic's liens against the property, Grantee will take steps to remove the effect of such liens against the <br /> Property's title (i.e., by bonding off said licns,.obtallning releases from the contractors, or taking other <br /> E0/Z0 39Vd AI1d❑ ON Sflidi'liS 90099290E5 09:80 800Z/Z0/10 <br />