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southern Pacific <br /> Transportation Company F / 751/0.3 <br /> AUDIT No. <br /> Southern Pacific Building•One Market Plaza•San Francisco,California 94105 _ <br /> W.E.FOWLER 310-1 - 54 <br /> DIRECTOR-CONTRACTS AND JOINT FACILITIES November 14, 1990 <br /> J.E.GROTHER F. �°" <br /> MANAGER-JOINT FACILITIES � ���� ���• <br /> J.L.WAHLER ,JALL B-"�YOU f Dyw <br /> MANAGER-CONTRACTS <br /> AiVil <br /> The Atchison, Topeka and <br /> Santa Fe Railway Company <br /> c/o ERM-West, Inc. <br /> Suite 260 <br /> 1777 Botelho Drive <br /> Walnut Creek, CA 94596-5042 <br /> Gentlemen: <br /> Southern Pacific Transportation Company (Railroad) , subject to the <br /> following terms and conditions hereby permits ERM-West, Inc. (ERM) to <br /> enter upon Railroad's property at or near Stockton, in the County of <br /> San Joaquin, in the State of California, in the vicinity of M. P. <br /> D-90.47 for the purpose of installing monitoring wells to take soil and <br /> water samples at the approximate locations shown on the attached Exhibit <br /> "A11 <br /> l'1 ERM will pay Railroad partially to defray the cost of handling <br /> the sum of Five Hundred Dollars ($500.00) . <br /> In performing said work ERM and/or its contractor's forces shall <br /> use only public roadways to cross from one side of Railroad's tracks to <br /> the other. <br /> All work shall be done in a good and workmanlike manner at the sole <br /> cost and expense of ERM and to the satisfaction of Railroad. ERM's <br /> installation plans shall be subject to approval of Railroad. The <br /> tracks, communication lines and other facilities of Railroad will not be <br /> interfered with and the work will be so prosecuted that there will be no <br /> interference with or delay to the operations of Railroad. <br /> ERM shall obtain written consent of any lessee, licensee or <br /> grantee of Railroad at the time in possession of any of the land <br /> included hereunder. <br /> In view of the possible existence of subsurface pipelines or other <br /> structures, ERM shall , for each test hole, explore for such structures <br /> with hand tools to a depth of at least eight (8) feet below the surface <br /> of the ground or at ERM's option utilize suitable metal detecting <br /> equipment prior to drilling or excavating with mechanized equipment. <br /> Railroad does not warrant there are no structures below said level and <br /> ERM's operations will be subject at all times to the liability <br /> provisions herein. <br /> In addition to other provisions of this agreement requiring ERM to <br /> give notice prior to commencing work, ERM shall telephone Railroad at <br /> 1-800-283-4237 (a 24-hour number) to determine if a telecommunications <br />