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ACCESS AGREEMENT <br /> This Access Agreement is made this day of� 2012,by and between <br /> the John&Ann Christensen Trust(hereinafter' wner ),on the one hand,and the <br /> environmental consultant,Ami Adini&Associates,Inc. (AA&A hereinafter"Licensee")on the <br /> other.Owner and Licensee shall sometimes be referred to herein as"Party"or as the"Parties". <br /> RECITALS <br /> A. Owner is the legal and rightful owner of those certain parcels of real property located <br /> at 531 West Yosemite Avenue,Manteca,CA 95336,and further identified by the County of San Joaquin <br /> Assessor as Parcel No. 219-311-08 (the"Property"). Sandpiper Technologies is a tenant currently lawfully <br /> in possession of the Property("Tenant"). <br /> B. The Central Valley Regional Water Quality Control Board("CVRWQCB")has <br /> directed that Fassel(Philip)Elder,as the responsible party,acting by and through their environmental <br /> consultant,AA&A undertake an assessment of whether petroleum hydrocarbon contamination is present <br /> at and beneath the Property owned by Owner. <br /> C. Pursuant to CVRWQCB Case No. 390835,Fassel (Philip) Elder has been directed to <br /> assess,monitor,and remediate petroleum hydrocarbon contamination originating at the Save-On Gas and <br /> liquor facility located at 531 West Yosemite Avenue,Manteca,California. AA&A has informed Owner <br /> that the CVRWQCB has determined that releases from the 531 W. Yosemite Avenue address may have <br /> migrated beneath Owner's Property,and therefore the CVRWQCB has instructed Licensee on behalf of <br /> the Responsible Party to install a groundwater monitoring well on Owner's Property. Groundwater <br /> samples will be collected from the well and tested for the presence of contaminants periodically. <br /> AGREEMENT <br /> NOW,THEREFORE,in consideration of the mutual promises,covenants,conditions,and <br /> agreements herein set forth,and for other good and valuable consideration,the receipt and adequacy of <br /> which are hereby acknowledged,the Parties agree as follows: <br /> I. Grant of License-Owner hereby grants to Licensee,and to their approved employees, <br /> representatives,contractors,and consultants,a non-exclusive license(hereinafter the"License")to enter <br /> upon the Property for the limited purpose described herein below. This License shall commence upon the <br /> execution of this Access Agreement by all Parties,and shall expire on July 31,2013,unless the Parties <br /> hereto agree in writing to extend the term thereof or it is extended automatically pursuant to the terms of <br /> this section.Notwithstanding anything to the contrary contained herein,this A-cess Agreement shall <br /> terminate in the event that either or both of the Licensees,in their sole discretion,provide written notice to <br /> Owner that access to the Property is no longer required or desired,or if Owner elects,in writing,in its <br /> sole and unfettered discretion,with or without cause,to terminate the License. <br /> Unless and until modified in a writing executed by all Parties hereto,the License granted herein <br /> shall be limited to the installation of a single groundwater monitoring well (MW 17A/B)in the location <br /> identified in Exhibit A attached hereto and incorporated herein. Licensee shall provide Owner with at <br /> least seven(7)days prior written notice before installing the monitoring well. Licensee shall also be <br /> permitted to periodically sample groundwater in MW 17A/B on the condition that they provide Owner <br /> with at least three(3)days prior written notice.The frequency for sampling of the groundwater in the well <br /> will be semiannually (twice a year). <br /> I <br />