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2900 - Site Mitigation Program
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PR0522161
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COMPLIANCE INFO
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Entry Properties
Last modified
2/20/2020 5:30:33 PM
Creation date
2/20/2020 3:53:07 PM
Metadata
Fields
Template:
EHD - Public
ProgramCode
2900 - Site Mitigation Program
File Section
COMPLIANCE INFO
RECORD_ID
PR0522161
PE
2950
FACILITY_ID
FA0015110
FACILITY_NAME
CREA INVESTORS LATHROP SITE
STREET_NUMBER
0
STREET_NAME
HARLAN
STREET_TYPE
RD
City
LATHROP
Zip
95330
CURRENT_STATUS
01
SITE_LOCATION
HARLAN RD
P_LOCATION
07
QC Status
Approved
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EHD - Public
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DEC-18-03 10:27AM FROM-IN-N-OUT BURGE DEV. DEPT. +626 3389173 T-053 P.002/006 F-430 <br /> RIGHT OF ENTRY AGREE ENT <br /> TITS RIGHT OF ENTRY AGREEMENT (this "Agreement") is made by and <br /> between Crossroads CREA Investors, L.L.C., a Delaware limited liability company("Crossroads"), <br /> and IN-N-OUT BURGERS, a California corporation ("IN-N-OUT"), as of this 12th day of <br /> December, 2003. <br /> RECITALS <br /> A_ Crossroads is the owner of that certain real property known as APN 198-190-29 in <br /> the Crossroads Commerce Center in Lathrop, California, as more particularly shown on Exhibit A <br /> hereto (the "Property")_ <br /> B_ Crossroads and IN-N-OUT are currently proceeding with the preparation of a <br /> purchase and sale agreement (the"Purchase Agreement") for the sale of the Property from <br /> Crossroads to IN-N-OUT. <br /> C. In anticipation of the execution of the Purchase Ageement, IN-N-OUT desires to <br /> commence certain inspections and tests with respect to the Property that will require IN-N-OUT <br /> and its authorized agents to enter into the Property and the parties desire hereby to provide for <br /> the terms and conditions on which IN-N-OUT is authorized by Crossroads to have access to the <br /> Property. <br /> AGREEMENT <br /> NOW, TBEREFORE, the parties hereby agree as follows: <br /> 1. Entry IN-N-OUT and its consultants,agents,inspectors,contractors,and employees directed <br /> by IN-N-OUT ("IN-N-OUT Agents"), may enter the Property during regular business hours as <br /> reasonably necessary to make inspections that IN-N-OUT may reasonably require during the period <br /> from the date on which IN-N-OUT delivers to Crossroads_ (a) a list of all of IN-N-OUT Agents <br /> which will be entering the Property, and (b) a list of all of the studies which IN-N-OUT will be <br /> conducting on the Property, until the execution of the Purchase Agreement or December 22, 2003, <br /> whichever occurs first. Within ten (10) days after receipt thereof, IN-N-OUT shall deliver to legal <br /> counsel for Crossroads copies of any reports prepared by IN-N-OUT's consultants or contractors <br /> relating to the physical or environmental condition of the Property as a result of such inspections. <br /> Crossroads acknowledges that IN-N-OUT shall not be deemed to make any representation to <br /> Crossroads regarding the accuracy or completeness of such reports,nor shall IN-N-OUT assume any <br /> liability with respect to any information contained in such reports. <br /> 2. Terms of Entrv. <br /> 2.1 IN-N-OUT'S right of entry upon the Property shall be subject to, and IN-N-OUT <br /> agrees to perform, each of the following conditions and covenants, all of which shall survive the <br /> expiration or termination of this Agreement: <br /> (a) IN-N-OUT shall pay all costs, expenses, liabilities and charges incurred by <br /> River Islands or related to IN-N-OUT's entry. <br /> Gray CaryTAU 0325892.1 <br /> 1010693-900300 1 <br />
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