COMPLIANCE INFO - Laserfiche WebLink

Home Browse Search

53L7 7 Z�8 ENVIRONMENTAL ACCESS AGREEMENT S� 9 THIS ENVIRONMENTAL ACCESS AGREEMENT(this"Agreement") is made effective as of&ee n LCl- =30 ,2005 (the"Effective Date"),by and between CATELLUS TRACY, LLC, a Delaware limited liability company("Catellus"), and CHEVRON U.S.A. INC., a Pennsylvania corporation ("Chevron"). RECITALS A. Catellus holds record title to certain real property located in the City of Tracy, County of San Joaquin, State of California as depicted on Exhibit A attached hereto and incorporation herein by this reference(the "Property"). B. Standard Oil Company of California,the predecessor to Chevron U.S.A., Inc., operated a crude oil pipeline on a right-of-way adjacent to the Property. C. Chevron conducted several investigations to determine the extent of petroleum hydrocarbon-affected soil and groundwater on real property located adjacent to the Property. D. Chevron desires to continue such investigations which will include certain activities on the Property, and certain governmental agencies may request Chevron to perform an evaluation of the residual petroleum hydrocarbon-affected soil and groundwater at and in the vicinity of the Property,which evaluation may include the installation of groundwater monitoring wells or piezometers, as more particularly described in Exhibit B attached hereto and incorporated herein by this reference(collectively, the"Work"). E. Catellus is willing to grant Chevron access to the Property for the purpose of performing the Work upon the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants and promises of the parties, Catellus and Chevron hereby agree as follows: 1. Grant of Temporary License. Catellus hereby grants to Chevron a temporary license (the "License") for the limited purpose of permitting Chevron and its agents, contractors, subcontractors, employees and consultants (collectively, the "Chevron Entities") to enter upon the Property and perform thereon the Work. No other entry or activities upon or use of the Property by the Chevron Entities shall be permitted. In entering and performing the Work upon the Property, the Chevron Entities shall not unreasonably interfere with, impair,or disrupt the existing or future use, occupancy, and/or operation of the Property or any portion thereof by Catellus or any other person or entity using, occupying, and/or operating the Property or any portion thereof. Chevron acknowledges that Catellus' grant of the License under the terms of this Agreement is limited to the real property owned in fee by Catellus. Chevron also acknowledges that the License granted herein is non-exclusive. At Catellus' discretion and sole