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SITE ACCESS AGREEMENT <br /> This Site Access Agreement is entered into this day of April 2014,by and between <br /> Tracy Office Plaza LLC.,owner of the property located at 324 E. 11th Street,Tracy,California <br /> (Responsible Party,hereinafter"RP")and Tracy Unified School District,owner of the Tracy High <br /> School property located at 315 East 11th Street,Tracy,California(hereinafter"Owner"). <br /> WHEREAS,Owner holds record title to a certain real property situated at 315 East 11th Street, <br /> in the City of Tracy,San Joaquin County,State of California,hereinafter(the"Property");and <br /> WHEREAS,RP owns a nearby parcel of land where a retail gasoline station was operated at <br /> 324 E 11th Street,Tracy,California;and <br /> WHEREAS,RP is investigating the potential for subsurface petroleum hydrocarbons(primarily <br /> groundwater)in the vicinity of the Property;and <br /> WHEREAS,the San Joaquin County Environmental Health Department(hereinafter"Agency") <br /> has requested in their February 13,2014 letter that the RP perform additional investigation of the <br /> petroleum hydrocarbon contamination,including investigation on the Property(315 East 11th Street). <br /> NOW THEREFORE,in consideration of the material promises contained herein,the parties <br /> agree as follows: <br /> 1. As part of its assessment of environmental conditions present on the Property, RP desires <br /> access to the Property to perform assessment activities to assess potential petroleum <br /> hydrocarbon contamination present on the Property. Owner grants RP reasonable access to the <br /> Property for the purpose of performing evaluation of surface and subsurface conditions. Said <br /> assessment will include soil and groundwater delineation and sampling activities and the <br /> installation of one soil boring, as outlined in the Agency-approved workplan(Workplan for <br /> Additional Assessment and Subslab Gas Sampling)dated November 22,2013. RP desires to <br /> install one soil borings, and shall first secure Owner's approval of the location of said soil <br /> boring,which approval shall not be unreasonably withheld. Upon review of the investigation <br /> results, the Agency may request additional evaluation of the petroleum hydrocarbon <br /> contamination at the Property,including the installation of additional soil borings, soil vapor <br /> sampling points, and/or groundwater monitoring wells. Additional assessment will be <br /> performed,as required,under a separate access agreement to be negotiated at a future date,if <br /> necessary.The Agency letter of February 13,2014 and the location of the planned assessment <br /> locations are attached. <br /> 2. RP shall give Owner such reasonable advance notice of its intention to perform its assessment <br /> activities and will permit Owner to have its representative and/or consultant present during the <br /> performance of such.Notice shall not be less than forty-eight(48)hours in advance of field <br /> activities and may be made via telephone. Owner shall be entitled to take split samples at its <br /> sole cost and expense if it so desires. <br /> Pagel of 3 <br />