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03/15/00 15':14 FAX 630 623 81R' McD-REAL ESTATE LEGAL . Q002 MAR-02-00 02:33 PM P. 02 031s1/20Bs 14:27 2994E 19 AGE STOCKTON PA)(- 93 AGdF .' 4515 PAe11ta AMUS WO, des ooa5 AOAEEMENT POM A00E9e8 This Agreement is between Art Wlron{tA YWO and MoDonald's COIPOra3OM,a Delaware oorpomtlon,(McDonald's)for the Property daseribed locatod at 4515 Pacific Avenue(th4 Property). Wyatt and McDonrald'a acknowledge ftt ft Property may be SUbjW to hydroMbOH eoritarminatlon(the Corrteanline3etiOny"a reerak of the use of rmrby by Wye'tt,and Wyatt d4knowledges that It is responsible for the remedlestion of the Cointarrilm&bn (the RemAdlatlori) on the Property. tNyatt has reported the possible conlarrrinatlon to ft appropriate governmental -~`—--- ~ authorities, In order to oomply with Its obngattons unelerthee Jew,Wystt will rcqudre perkdlo access to tha Property. McDonald's agre ace to allow Wyatt to war tha Property upon the following terms and conditions: 1. McDonald'*grartta Wyatt and Its consultants and contracWrs aeoaao to ihO Property to the extent required by Wyatt to undeftkea sold raer*oto the Rsmadlation. Prior to the azo nnwn*i9ment of sat+work on the Property,Wyatt shall pre6drit McDOnAld's with Its proposod plan for RornedlaWn, including but not Ilmlterd W.the nature of the wofl,the e;amated time for completion, the tysp9 of equipment tD be used or installed and the location of all horings or monRorinAg wells. McDonald'*shall have 30 days to review end approve'thae Rarnedlatlon plan and they tlr 161 and location of of work and Improvements to be Installed on the PrOPOrty. Wyatt *hal prepare Its Remediation plan In uuch a way so ae to minimiza interfarenoe with MoDonakfa urea and possession of the Property. McDonald's shall have the eight 10 ra)ect any portion of the Remedidon plan that It datemOrm vAll violate this obligation and Wyalt W11 remise Ito>Remed1don plan&=rdingly. Wyatt shad give McDoneld'a reasonable notdoe prior to ddt*V ouch non boring well and shall not perform any work on the Property between the hours 11:00 a.m.and 100 p.m. mt mnald% Epp the kmillon of rnontt 4rig wells in elccords'rrsoe with the site plan attached hareto ata; Exhibit E, 2. Wyatt will continue Implementtna Its Fiemedlatlon plan,Including ongoing mortltorino, until -Wjratt,r4cel9ib v gftri rsori im%n 56n Beall the popYw&'advernmental agency that no further action on the part of Wyatt Is requIr=ad, or until McDonald's and Wyatt agree that the Agreement should be terminated. In any event,Wyu&s&Igatiorw hervurtder anall not lassie until such time as Wyatt have removed siI of rias equipment Oloceol and Sealed sill taeling or monndring wells in suoh a manner so they do not present a hazard or nuleance on the Property and re ffwred the Property to a stats WW appee><MWO slmtlaear to the balance of the Prvpsrty, Wyatt will provide McDonald's with a SAY of all mordtoring data obtained from the Property and arty wells drilled adjacent to the Property. a. "it etgMee fast it>t remadlatidn affortas and monkorkrg will not unreasonably Interfere with McDonalei'a, or RS oualumees,use and enjoyment of the Property. The Property will be matntalne3d In a ealean ane Rafe condltdon during any work being performed by Wyatt and upon