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EBMUD Assessor's Parcel Number : 021-200-23 Property Address CLEMENTS, CALIFORNIA PERMIT TO ENTER FOR GEOTECHNICAL INVESTIGATIONS FOR FREEPORT REGIONAL WATER PROJECT For a consideration of$500.00,permission is granted to East Bay Municipal Utility District (EBMUD) for a period between.April 1, 2005 through July 31, 20071,,-to enter into and upon owner's land to bore hole(s) for subsurface exploration in connection with the Freeport Regional Water Project. The exploration hole(s) will consist of one or more borings, approximately 8-inch diameter holes up to 20-30 ft in depth for the pipeline and approximately 60 ft in depth for other facilities. Borings near creek beds or highway crossing sites may need to be deeper. After sample collection is complete,bore hole(s) will be backfilled and sealed with either cement grout or bentonite powder. Equipment to be used for the exploration includes a truck mounted drill rig, a water truck, and up to two pick-up trucks. EBMUD shall locate the borings in such a manner as to avoid or minimize damage to any paving, structures or underground facilities. Permission is also granted to East Bay Municipal Utility District (EBMUD) to enter in and upon owner's land approximately ten (10) times in a two year period between April 1, 2005 through July 31, 2007 to install and monitor piezometers. Piezometers are typically 1-2" diameter tubes, installed within 8" diameter bore holes to measure groundwater levels. Piezometers are generally left in place-for a period of two years and monitored seasonally. Piezometer installation is anticipated at highway crossings and river/creek crossings. The rights and privileges hereby granted to EBMUD may, at the option of EBMUD, be exercised by any authorized agent or contractor of EBMUD. EBMUD agrees, prior to and during the scheduled investigation: to fully comply with all federal, state and local laws, rules and ordinances as well as any recorded covenants, conditions, and/or restrictions with respect to the property; to obtain permits, consents, orders or permission as required from any federal, state or local agency, or from any property owners associations as required under any covenants, conditions and/or restrictions recorded against the Property; to indemnify, defend and hold the undersigned parties harmless from and against any and all loss, liability, expense, claims, costs, suits, damages, and attorney's fees, arising directly out of EBMUD's occupancy of the property and operation or performance under this permit. Page 1 of 3