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3,,l Jul 16 , 2003 (11 :42AM MTAI HOUSE/TR1613.0209)•836- 1759 No , 8724 P . 2 p. 2
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<br /> AGREEMENT FOR RIGHT OF ENTRY FOR SITE ASSESSMENT
<br /> BETWEEN
<br /> AND
<br /> SHELL OIL COMPANY
<br /> THIS IS AIN AGREEMENT between
<br /> TRIMARK COMMUNITIES, LLC
<br /> ("Grantor"), and SHELL OIL COMPANY, a Delaware corporation with offices at 910 Louisiana Street,
<br /> City of Houston, State of Texas 77002 (herein called"Shell").
<br /> MOUNTAINHOUSE MASTER PLAN,
<br /> Grantor is the owner of a premises known as NEIGHBORHOOD " " > and
<br /> legally described in Exhibit"A" ("the Property"). There may be present on or under the Property
<br /> petroleum liquids, solids, and/or vapors which the parties may have an interest in investigating by
<br /> undertaking to perform a site assessment that includes the collection of samples,.
<br /> The part.ics agree as follows,-
<br /> GRANTOR,
<br /> ollows;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, and
<br /> their employees and agents a temporary license to enter upon the Property for the purpose of conducting
<br /> site assessments but not product recovery or other cleanup activities("Activities") on the Property. Such
<br /> Activities also exclude the installation, operation and maintenance of investigative and/or recovery wells
<br /> and appurtenances thereto and the right to perform all acts necessary in connection therewith.
<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 subject
<br /> to Shell's license to enter the Property and that Grantor, its lessees, licensees, assignees,and occupants will
<br /> not prohibit or interfere with or obstruct such entry of Activities on the Property and will not permit same
<br /> 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 and prior to any submittal to any third
<br /> party of any work plan, report or other deliverable, Shell will deliver to Grantor and Grantor will review
<br /> within 72 hours of receipt, all work plans, groundwater or soil reports or other deliverables prepared by or
<br /> for Shell. If no written approval or disapproval is received by Shell from Grantor within such 72-hour
<br /> period, Shell may go forward with such work plan or process such reports or other deliverables. If Grantor
<br /> disapproves any such work plan, report or deliverable, Grantor and Shell,and the agents of both parties,
<br /> shall hold a scoping meeting to resolve issues with such work plan,report or deliverable..
<br /> The performance of the Activities will be at no cost or expense to the Grantor, its lessees, licensees,
<br /> assignees, representatives, grantees and successors. Shell further agrees not to unreasonably interfere
<br /> Grantor's business operations or those of its lessees and licensees, provided, however,that any plans
<br /> approved by Grantor shall be deemed not to unreasonably interfere with same.
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