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i <br /> LICENSE AGREEMENT BETWEEN <br /> Michael Olivarez and Timothy Kong <br /> THIS LICENSE, AGREEMENT is- made as of November 8, 2007, between Michael <br /> Olivarez, hereinafter referred to as "Licenser," and Timothy Kong, hereinafter referred to <br /> as '"'Licensee." <br /> 1. RECITALS <br /> 1.1 Licenser owns certain real property as San Joaquin County Assessors Parcel Nos. <br /> 165-030-11 -and 165-030-12, located. at 1516 and 1518 South Lincoln Street, <br /> Stockton, California (the "Property"). <br /> 1.2 Licensee desires to drill on portions of the Property exploratory soil borings . <br /> ("Boreholes"); converting each borehole to a monitoring or remediation well <br /> ("Wells") install subsurface conveyance piping ("Piping"), and to perform other <br /> work on the Property as required . by, or in accordance with, applicable <br /> environmental laws and regulations; or as required by, or acceptable to, regulatory <br /> agencies ("Work"). <br /> 1.3 The parties desire to enter into this License Agreement to allow Licensee to install <br /> said Boreholes; Wells, and Piping on the Property, and to give access to the <br /> Property to Licensee or its representatives for the purpose of performing Work <br /> authorized by this License Agreement:, <br /> 2. AGREEMENT <br /> NOW, THEREFORE, in consideration of the mutual covenants and agreements <br /> herein contained; the parties hereto do hereby covenant and agree to and with each <br /> other as follows: <br /> 3. TERMS <br /> 3.1 Licensee or its representatives may drill, use, backfill, and construct, at its sole cost <br /> and expense, the Boreholes, Wells, and Piping on the Property. Licensee or its <br /> representatives may enter onto the Property for the purpose of performing the Work <br /> authorized by this License Agreement. Licenser hereby authorizes Licensee or its <br /> representatives to release any and .all analytical geotechnical data and site <br /> assessment informationobtained during such Work to applicable environmental <br /> _ agencies. <br /> 3.2 Licensee agrees not to permit any liens to stand against the Property for Work done <br /> or materials furnished to,Licensee, and Licensee agrees to indemnify-and hold <br /> Licenser harmless from any such liens for Work performed under this License <br /> Agreement. <br /> KATimothy Kong Property\Correspondence\kong-olivarez access 110807.doc <br />