SITE INFORMATION AND CORRESPONDENCE

Home Browse Search

I SITE ACCESS AGREEMENT(MOUNTAIN HOUSE-NEIGHBORHOOD C &D) THIS SITE ACCESS AGREEMENT (MOUNTAIN HOUSE-NEIGHBORHOOD C& D) ("Agreement")is entered into by and among SHELL OIL COMPANY, a Delaware company, doing business as Shell Oil Products US ("Shell"),TRIMARK COMMUNITIES, LLC, a California limited liability company ("Trimark"), and SHEA MOUNTAIN HOUSE, LLC, a Delaware limited liability company("Shea"). WHEREAS, Trimark holds record title to(or controls through option rights) that certain real property commonly known as Mountain House Neighborhoods C and D, situated in the County of San Joaquin, State of California, and containing the following parcels: APN 209-450- 02, 209-450-03, 209-450-04, 209-450-011,209-450-012 and 209-450-013 (collectively, the "Property"); and WHEREAS, Shea: (i)has option rights to purchase the Property; (ii) anticipates that it will hold record title to the Property on or around January 1, 2007; and(iii) after obtaining title to the Property desires to dedicate a portion of the Property as a school site and develop the remainder of the Property for residential purposes; and WHEREAS, a former Shell pipeline(s)(the"Pipeline")was operated within a right-of- way through and/or adjacent to the Property; and WHEREAS, Hazardous Materials(as that term is defined in Section 1 below)related to or resulting from the operation of the Pipeline were identified during site investigation activities on property in the vicinity of the Property, and it is anticipated that Hazardous Materials related to or resulting from the operation of the Pipeline affects the Property; and WHEREAS, Shell desires access to and the right to enter upon the Property to perform assessment activities to define the extent of Hazardous Materials present on the Property in the vicinity of the Pipeline, and to perform remediation activities; and WHEREAS, Subject to the terms and conditions of this Agreement, Trimark is willing to allow Shell to enter upon the Property in the vicinity of the Pipeline for the purpose of assessing and remediating contamination caused by, related to or resulting from the operation of the Pipeline. NOW THEREFORE, in consideration of the material promises contained herein,the parties hereto agree as follows: 1. Title to that certain real property commonly known as APN 209-450-012 and APN 209-450-013 (collectively, the"Rocha/Oliveira Parcels")is owned of record by the Mary Maria Rocha Separate Property Trust dated February 2, 1995, and the Isabel F. Oliveira Separate Property Trust date January 11, 1995, respectively, and Shell must contact them directly to obtain consents to Shell's entry onto the Rocha/Oliveira Parcels. Subject to the immediately preceding sentence, and subject to the terms and conditions of this Agreement, Trimark hereby Site Access Agreement(Mountain House-Neighborhood C&D) Page 1 of 11 94205.]