Laserfiche WebLink
10/25/2004 10:27 CLAYT -DLEASANTON 4 12094640138 NO.971 PE <br /> AGREEMENT FOR RIGHT OF ENTRY <br /> BETWEEN <br /> �1�)o 0 <br /> AND <br /> SMELL OIL COMPANY <br /> THIS IS AN AGREEMENT between Mary Maria Rocha ("Grantor"),and SHELF OIL <br /> COMPANY,a Delaware corporation with offices at 910 Louisiana Street,City of Houston, State of <br /> Texas 77002(herein called"Shel1'D. <br /> Grantor is the owner of a premises known as_18601 W Grant Line Road,Tracy,CA, 95391, <br /> APN 209-450-13 and legally described in Exhibit"A" ("the Property'. There may be present on or <br /> under the Property petroleum liquids, solids,and/or vapors which the parties may have an interest in <br /> investigating and/or removing by undertaking to perform a site assessment that includes the collection of <br /> ground water samples from on-site monitoring wells. <br /> The parties agree as follows- <br /> GRANTOR,on its behalf and on behalf of any present or future lessees,licensees,assignees, <br /> agents,representatives,grantees and successors,hereby grants to Shell,its contractors, subcontractors, <br /> and their employees and agents a temporary license to enter upon the Property for the purpose of <br /> conducting site assessment and/or product recovery or other cleanup activities("Activities")on the <br /> Property. Such Activities may include the installation,operation and maintenance of investigative <br /> and/or recovery wells and appurtenances thereto and the right to perform all acts necessary in connection <br /> therewith. Such license shall continue in force until said Activities are completed to the satisfaction of <br /> Shell and any environmental regulatory agency with jurisdiction. <br /> Grantor covenants that the temporary license to enter hereby granted Shell is binding upon itself and any <br /> present or future lessees,licensees, assignees,occupants or owners of the Property and that Grantor will <br /> make any grants of rights to such lessees,licensees,assignees,occupants or owners of the Property <br /> subject to Shell's license to enter the Property and that Grantor,its lessees,licensees,assignees,and <br /> occupants will not prohibit or interfere with or obstruct such entry of Activities on the Properly and will <br /> not permit same to be done by others. <br /> By accepting this license Shell in no way admits or acknowledges liability for the presence of <br /> petroleum liquids, solids,and/or vapors or assumes any responsibility for their removal;nor does Grantor <br /> waive any of Grantor's legal rights_ <br /> Prior to any entry upon the Property pursuant to this license,Shell will submit a copy of its <br /> proposed plan for site investigation or other remedial activity to Owner for Owner's approval,which <br /> approval shall not be unreasonably withheld. Owner shall notify Shell of its disapproval of such plans <br /> within ten(10)days after receipt by Owner,or Owner shall be deemed to approved such plans. <br /> The performance of the Activities will be at no cost or expense to the Grantor,its lessees, <br /> licensees,assignees;representatives,grantees and successors. Shell further agrees not to unreasonably <br /> interfere Grantor's business operations or those of its lessees and licensees, provided, however,that any <br /> plants approved by Grantor shall be deemed not to unreasonably interfere with same. <br /> AGREEMENT FOR RIGHT OF ENTRY <br />