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MEMORANDUM of AGREEMENT <br /> And <br /> TEMPORARY SITE ACCESS AGREEMENT <br /> Between <br /> TRIMARK COMMUNITIES, LLC <br /> And <br /> SHELL OIL PRODUCTS COMPANY US <br /> This is an agreement between TRIMARK COMMUNITIES, LLC a California <br /> corporation(herein called "Grantor") with offices at 3120 Tracy Boulevard, City of Tracy, State <br /> of California 95376 and SHELL OIL PRODUCTS COMPANY US, a Delaware corporation <br /> with offices at 910 Louisiana Street, City of Houston, State of Texas 77002 (herein called <br /> "Shell"). <br /> Grantor is the owner of real property in western San Joaquin County, legally known as <br /> Mountain House, California ("the Property"). There are known to be present on or under the <br /> Property petroleum liquids, solids, and/or vapors which the parties have an interest in <br /> investigating and removing by undertaking to perform a site assessment that includes the <br /> removal of backfill materials previously placed by Shell when the pipeline was removed from <br /> service, collection of soil samples and collection of ground water samples. <br /> The parties agree as follows: <br /> GRANTOR, on its behalf and on behalf of any present or future lessees, licensees, <br /> assignees, agents, representatives, grantees and successors, hereby grants to Shell, its contractors, <br /> subcontractors, and their employees and agents a temporary license to enter upon the Property <br /> for the purposes of observing the removal and classification of backfill materials by Grantor's <br /> contractor within the pipeline easement and soil sampling by Grantor's consultant conducted by <br /> Grantor's consultant. Shell will simultaneously be conducting a similar site assessment at their <br /> own cost. Grantor and Shell agree to provide copies of their independent site assessments to each <br /> other when they are available. <br /> Grantor and Shell have concluded that for this portion of the site assessment 2100 LF of <br /> the abandoned easement running from the Alameda County line, southeast to the southern <br /> boundary of Village `E' will have the backfill material removed to a depth of 6 feet to expose the <br /> soils directly beneath the abandoned pipeline. Grantor and Shell have agreed to the following <br /> reimbursements: <br /> ORIGINAL <br />