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f <br /> • i' <br /> td <br /> City/State:Stockton,CA <br /> Address: 4515 Pacific Avenue <br /> LIC: 004-0095 <br /> AGREEMENT FOR ACCESS <br /> This Agreement is between Art Wyatt (Wyatt) and McDonald's Corporation, a Delaware <br /> corporation, (McDonald's) for the Property described located at 4515 Pacific Avenue (the <br /> Property). <br /> Wyatt and McDonald's acknowledge that the Property,may be subject to hydrocarbon <br /> contamination (the Contamination) as a result of the use of nearby by Wyatt, and Wyatt <br /> acknowledges that it is responsible for the remediation of the Contamination (the Remediation) <br /> on the Property. <br /> Wyatt has reported the possible contamination to the appropriate governmental <br /> authorities. <br /> In order to comply with its obligations,under the law, Wyatt will require periodic access <br /> to the Property. McDonald's agrees to allow Wyatt to enter the Property upon the following <br /> terms and conditions: <br /> 1. McDonald's grants Wyatt and its consultants and contractors access to the Property to the <br /> extent required by Wyatt to undertake and complete the Remediation. Prior to the <br /> commencement of any work on the Property, Wyatt shall present McDonald's with its proposed <br /> plan for Remediation, including but not limited to, the nature of the work, the estimated time for <br /> completion, the type of equipment to be used or installed and the location of all borings or <br /> monitoring wells. McDonald's shall have 30 days to review and approve the Remediation plan <br /> and the timing and location of all work and improvements to be installed on the Property. Wyatt <br /> shall prepare its Remediation plan in such a way so as to minimize interference with <br /> McDonald's use and possession of the Property. McDonald's shall have the right to reject any <br /> portion of the Remediation plan that it determines will violate this obligation and Wyatt-will <br /> revise its Remediation plan accordingly. Wyatt shall give McDonald's reasonable notice prior to <br /> drilling such monitoring well and shall not perform any work on the Property between the hours <br /> 11:00 a.m. and 3:00 p.m. McDonald's approves the location of monitoring wells in accordance <br /> with the site plan attached hereto as Exhibit B. <br /> 2. Wyatt will continue implementing its Remediation plan, including ongoing monitoring, until <br /> Wyatt receives written confirmation from the!appropriate governmental agency that no further <br /> action on the part of Wyatt is required, or until McDonald's and Wyatt agree that this agreement <br /> should be terminated. In any event, Wyatt's obligations hereunder shall not cease until such <br /> time as Wyatt has removed all of its equipment, closed and sealed all testing or monitoring <br /> wells in such a manner so they do not present a hazard or nuisance on the Property and <br /> restored the Property to a state and appearance similar to the balance of the Property. Wyatt <br /> will provide McDonald's with a copy of all monitoring data obtained from the Property and any <br /> wells drilled adjacent to the Property. <br /> 3. Wyatt agrees that its remediation efforts and monitoring will not unreasonably interfere with <br /> McDonald's, or its customer's, use and enjoyment of the Property. The Property will be <br /> maintained in a clean and safe condition during any work being performed by Wyatt and upon <br />