Laserfiche WebLink
ACCESS AGREEMENT RECEIVED AUG 13 1012 <br /> This Access Agreement is made this 9 day of2012,by and between the Bob <br /> Hua Qi&Elaine Chen Trust(hereinafter"Owner"),on the one and,and the environmental consultant, <br /> Ami Adini&Associates,Inc.(AA&A hereinafter"Licensee")on the other.Owner and Licensee shall <br /> sometimes be referred to herein as"Parry"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 429 West Yosemite Avenue,Manteca,CA 95336,and further identified by the County of San Joaquin <br /> Assessor as Parcel No.219-311-06(the"Property").Moore's Martial Arts Shou Shu is a tenant currently <br /> lawfully 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 420 West Yosemite Avenue,Manteca,California.AA&A has informed Owner <br /> that the CVRWQCB has determined that releases from the 420 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 /> 1. 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 Access 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 16A/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 I6A/B on the condition that they provide Owner <br /> with at least three(3)days prior written notice. <br /> 1 <br />