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Site Access Agreement <br /> THIS AGREEMENT('Agreement') is made and entered into by and between: <br /> THE STOCKTON PORT DISTRICT, hereinafter referred to as"Owner; and <br /> MUNCO, INC., hereinafter referred to as"Munco". <br /> Recitals <br /> A. Munco, currently leasing manager for the "Site" identified below, has previously owned, <br /> operated, or otherwise used portions of a parcel of land, familiarly known as the "Koppel <br /> Stockton Terminal" (hereinafter, the "Site"), located at 2025 W, Hazelton Avenue in Stockton, <br /> California, adjacent to land owned by Owner. Other parties, including Cargill, Incorporated and <br /> Chevron Chemical Company, have also operated or used all or a portion of the Site. <br /> B. The Site at various times has been used for the storage of fertilizer and agricultural products. <br /> Certain quantities of such products may have become deposited on the surface of the Site and <br /> may have impacted the subsurface of the Site, including groundwater, through leaching or <br /> runoff. <br /> C. Pursuant to its authority under California Water Code section 13304, the Central Valley Region <br /> of the California Regional Water Quality Control Board (the "Water Board") has ordered or has <br /> threatened to order Munco to investigate to what degree, if any, leaching or runoff of <br /> contaminants may have affected the subsurface of properties adjacent to the Site. Munco and <br /> others have conducted soil and geoprobe sampling and testing and other studies to assess the <br /> condition of the Site. Currently the Water Board requires installation of six groundwater <br /> monitoring wells on lands adjacent to the Site, four of which would be located on "Owner's <br /> Property' as defined below. <br /> D. Munco has requested access to Owner's property, identified as Parcel No. 145-030-09 in the <br /> tax records of San Joaquin County, California ("Owner's Property') for the purpose of <br /> conducting these environmental assessment activities, and Owner is willing to allow such <br /> access subject to the terms and conditions set forth in this Agreement. <br /> Agreement <br /> FOR AND IN CONSIDERATION for the sum of $10, the covenants and conditions set forth <br /> herein, and other valuable consideration, adequacy and sufficiency of which are hereby acknowledged <br /> by the parties, Owner agrees to entry and access by Cooperating Parties on Owner's Property for the <br /> purposes mentioned above, subject to the terms and conditions set forth below: <br /> 1of5- <br />