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DUTCh BROS <br /> GUARANTEEDTO SATISFY <br /> September 30, 2020 <br /> Via DocuSign <br /> Ray Bayat <br /> Principal <br /> NetCo Investments, Inc.(K <br /> 1800 Preston Park Blvd. Suite 104 <br /> Plano, TX 7093 <br /> (972) 867-1100 Office <br /> ray@netcoinvestments.com <br /> Re: CA0807 - Early access agreement in Connection with Proposed Dutch Bros. Commercial <br /> Ground Lease (the "Lease") of approximately 34,848 square feet of land located at 1220 <br /> Colony Rd, Ripon, CA (APN 261-600-130) (the "Premises"), in the development <br /> commonly known as Colony Plaza(the "Development") between BB Holdings CA, LLC <br /> ("Tenant") and BayCal Ontario Partners. LLC ("Landlord") <br /> Dear Ray: <br /> In an effort to meet Tenant's due diligence schedule for Tenant's Contingencies under the above <br /> referenced proposed Lease, please consider this a request that Tenant be permitted to commence certain testing <br /> and physical inspections of the Premises prior to the execution of the Lease. <br /> To accommodate Tenant, please indicate by your signature below that Landlord agrees to allow Tenant <br /> and Tenant's and its affiliates, employees, agents, and consultants (collectively, "Representatives") access to <br /> the Premises, without charge and at reasonable times from and after the date hereof, for the purpose of making <br /> such inspections,tests and verifications(collectively, "Tests")as Tenant deems necessary, upon and subject to <br /> the conditions and limitations set forth herein. Landlord represents and warrants that it has the necessary right, <br /> title,and authority to grant Tenant this access. <br /> Tenant agrees to pay all costs and expenses of the Tests, and agrees to defend, indemnify and hold <br /> harmless Landlord and its representatives,employees officers,and directors(collectively,"Indemnitees") from <br /> and against any and all third-party claims, loss,cost,damage, liability,settlement,or cause of action(including. <br /> reasonable, out-of-pocket attorneys' fees and costs) (collectively, "Losses") arising or resulting from Tenant's <br /> or its Representatives' access to the Premises and Development or the performance of the Tests, but excluding <br /> any Losses arising or resulting from Indemnitees' negligence or intentional misconduct or omissions. No <br /> invasive Tests shall be done without Landlord's approval as to the time and manner of such Tests,which approval <br /> shall not be unreasonably withheld,conditioned, or delayed, and,at Landlord's option, Landlord may designate <br /> a representative of Landlord to be present during such invasive Tests.Tests shall be conducted in such a manner <br /> so as to minimize unreasonable interference with the operation of the Development and the business of other <br /> tenants and occupants of the Development. <br /> By entering into this early access agreement Tenant is not agreeing to,and Landlord will not hold Tenant <br /> or its Representatives responsible for, the cleanup or remediation of any environmental condition or <br /> contamination discovered in the course of performing the Tests. In no event will Tenant or its Representatives <br /> be liable or responsible under this early access agreement for any indirect or consequential damages(including. <br /> 09242020 <br /> Boersma Bros. LLC • PO. Box 1929 • Grants Pass, OR 97528 • Phone: 541-955-4700 r`"� <br />