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May 11 U9 04:U2p Dave & Gita Fulwller 5306769648 p2 SITE ACCESS AGREE Y1ElVT This Agreement is entered into as of the—J-3—day of Ajdl ,2009,between Ouik SpM Markets.Inc ("Penniteel and PRE Management LLC(the"Property Owner"). Recitals A. The Property Owner owns certain real property commonly known as Taco Bell, located at 3507 W. Hammer Lane,Stockton,CA(the"property"} B. Permitee is investigating possible soil and groundwater contamination related to a Fuel Leak Investigation at Quik Stop No. 132,3555 W. Hammer Lana,Stockton,CA. This investigation is being performed under the direction of the San Joaquin County Public Health Services. C. Permitee wishes to conduct environmental sampling and testing on the Property to assist in this investigation. NOW THEREFORE,in consideration ofthe mutual covenants contained herein,it is hereby agreed as follows: 1. Grant of License. Subject to the terms and conditions of this Agreement, the Property owner hereby grants Permites a license to enter the property for the limited purpose of observing the site and taking environmental samples. 2. Limitation en use (a) Prier to each entry onto the Property, Permitee shall provide forty-eight(48)hours notice to the Property Owner,arrange for access,and,ifrequested by Property Owner,allow oversight of all on-site activities. (b) Permitee shall ensure that none of its activities on the Property unreasonably interfere with or delay any other activities that are being undertaken on the Property. The Permitee shall at its sole cost and expense,repair, replace, or otherwise correct any and all damages unreasonably sassed to the Property, including the backfilling of borings, and leave the Properly in the same condition as prior to commencement of the site Investigation. Permittee shall at all times maintain all parts of the Property on which it is working in a safe, neat and tidy manner. Permittee shall not impede access to the Drive Through Lane. 3. Tom.The term of this Agreement shall commence on the date of execution of this Agreement and shall continue thereafter for a period of no later than one year from the date of commencement;provided,however,that with the mutual consent of both parties,this term may be extended as necessary to accommodate further investigation. 4. Aereemeat Not Admission. By entering into this Agreement, the Property Owner is not admitting any responsibility for any contamination at the Property that can be demonstrated to be originating from Qurlt Stop No. 132, located at 3555 W. Hammer Lane,Stockton, CA. This agreement shall not be construed or interpreted as an admission or concession on the part of the Property Owner. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date set forth herein above, u y Property Owner:PRE. Management,LLC: Dave Fulwiier,Managing Director Qw&;kS1�d�o XAAC , 1 Permitee i