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Jul - 16. 2003C11.44AM N. HOUSE/TRINARK1,209A 36-1759 No.8725 P- 2 P 2
<br /> AGREEMENT FOR RIGHT OF ENTRY FOR SITE ASSESSMENT
<br /> BETWEEN
<br /> AND
<br /> SHELL OIL COMPANY
<br /> THIS IS AN 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 FLAN,
<br /> Grantor is the owner of a pretnists known as NEIGHBORHOOD "E" —,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 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,and
<br /> their employees and agents a temporary license to enter upon the Property for the purpose of conducting I
<br /> site assessments but not product recovery or other cleanup activities ("Activitie8')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 /> acsig pees,occupants or owners of the Property and that Grantor will
<br /> present or future lessees,licensees,
<br /> make any grants of rights to such lessees,licensees,sssigTtees, occupants of 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 i
<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 assurnes any responsibility for their removal; nor does Grantor 1
<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 ueceting 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 trot 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 nut to unreasonably interfere with same.
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