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0 <br /> RIGHT OF ENTRY AND INDEMNITY AGREEMENT 4?66 Z l 22' <br /> 3-yon <br /> This RIGHT OF ENTRY AND INDEMNITY AGREEMENT ("Agreement") is entered <br /> into as of February _, 2011 (the "Effective Date") by and between TARGET <br /> CORPORATION, a Minnesota corporation ("Owner") and AKF DEVELOPMENT, LLC, a <br /> California limited liability company ("AKF")with reference to the following facts: <br /> A. Owner holds title to certain real property located at 280 Spreckels Avenue, in the <br /> City of Manteca, County of San Joaquin, State of California(the "Property"), <br /> B. As required by the County of San Joaquin (the "County") and the State of <br /> California, AKF previously installed a monitoring well on the Property (the "Well"). The <br /> County has jurisdiction over the closure of the Well, and AKF now desires to close the Well in <br /> accordance with the requirements of the County, <br /> C. Owner is willing to grant a license to AKF to enter the Property in order to take <br /> action to close the Well. <br /> NOW THEREFORE, for and in consideration of the mutual covenants and agreements <br /> contained in this Agreement, and other good and valuable consideration, the receipt and <br /> sufficiency of which are hereby acknowledged, the parties agree as follows: <br /> 1. Grant of License. From and after the date hereof, AKF and its agents, <br /> employees, contractors and subcontractors shalt have the non-exclusive right and license to enter <br /> upon the Property for the purpose of closing the Well pursuant to the scope of work attached <br /> hereto as Exhibit A; provided that in conducting all such activities AKF complies with all <br /> applicable laws and regulations and all provisions of this Agreement. The foregoing license <br /> shall include ingress and egress directly between the Well and the nearest public street by the <br /> shortest route possible and shall not include the right of entry into any building or access to any <br /> other improvements on the Property. All costs of such work and activity shall be borne solely by <br /> AKF. The license provided for in this Agreement shall expire sixty (60) days after the Effective <br /> Date. AKF shall provide Owner with at least twenty-four(24) hours' notice prior to entry on the <br /> Property, which notice may be by telephone, and shall cause all work to be performed hereunder <br /> without interfering with the conduct of the existing business now being operated on the Property <br /> in any manner whatsoever. <br /> 2. Insurance. At any time work is being perforated on the Property pursuant to this <br /> Agreement, AKF shall obtain and maintain in full force and effect, at its own expense, a policy <br /> of insurance written by one or more responsible insurance carrier(s)which will include Owner as <br /> an additional insured, insuring against liability for injury to persons and/or property and death of <br /> any person or persons occurring in, on or about Property arising from the use of the Property <br /> pursuant to this Agreement, and the combined single limit of liability under such insurance shall <br /> not be less than $1,000,000, with aggregate limit of not less than $2,000,000. Before <br /> commencing any work on the Property, AKF shall furnish Owner with a certificate of such <br /> Right of Entry and indemnity Agreement Page I <br />