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SITE ACCESS AGREEMENT
<br />Christian Zamorano, owner of the real properties at 824 S. American Street (APN 147-292-11), 603
<br />Worth Street (APN 147-292-10), and 609 Worth Street (APN 147-292-09) in Stockton, San Joaquin
<br />County (Sites), hereby grants permission to the Central Valley Regional Water Quality Control Board
<br />(Central Valley Water Board), and its agents, employees, contractors, consultants, representatives, and
<br />invitees, including the agents and employees of other state agencies consulting with the Central Valley
<br />Water Board on these Sites, to enter onto the Sites for the purposes of conducting the Activities defined
<br />below.
<br />"Activities" shall mean all of the actions necessary to execute necessary investigation and/or remedial
<br />actions to address the unauthorized release of petroleum products from an underground storage tank
<br />system at the Sites. Activities shall also include all necessary follow-up inspections of the work, periodic
<br />monitoring of temporary monitoring points (e.g. vapor or groundwater monitoring wells), maintenance of
<br />any remedial system installed, and all additional work necessary to evaluate the effectiveness of the
<br />remedial actions performed.
<br />Pursuant to Water Code section 13304(b)(2), the Central Valley Water Board and its agents,
<br />contractors, and consultants will be developing and implementing site investigation(s) and remedial
<br />actions at the Sites to address the unauthorized release of petroleum products. To carry out this
<br />objective, Sites agrees to allow reasonable access to the Sites as necessary for the performance of the
<br />Activities described above, and to not interfere with the work at the Sites. Christian Zamorano and his
<br />heirs, assigns, personal representatives and/or estate understand that the Central Valley Water Board
<br />may, for whatever reason, including lack of available funds, discontinue Activities at the Sites at any
<br />time. Christian Zamorano, and his heirs, assigns, persona] representatives and/or estate agree to hold
<br />the Central Valley Water Board harmless for any act, excepting those attributable to gross negligence of
<br />intentional misconduct, that are reasonably related to the Activities at the Sites, and that result in loss of
<br />value or restrictions on the use of the Sites.
<br />The Central Valley Water Board and/or its agents, contractors, and consultants agree to exercise due
<br />care when engaging in Activities at the Sites. "Due care" shall mean that the Central Valley Water Board
<br />and/or its agents, contractors, and consultants shall take all precautions that a similarly-situated
<br />reasonable and prudent person would have taken, in light of all known relevant facts and circumstances.
<br />Christian Zamorano agrees to coordinate with any lessees of the property, to make the Sites accessible
<br />to the Central Valley Water Board and its agents, employees, contractors, consultants, representatives,
<br />and invitees, including the agents and employees of other state agencies consulting with the Central
<br />Valley Water Board to perform the above described Activities.
<br />The grant of access in this agreement shall terminate upon the Central Valley Water Board's
<br />discontinuation of Activities at the Sites. This agreement may be amended or modified only by a written
<br />instrument executed by Christian Zamorano and the Central Valley Water Board staff, or their authorized
<br />representatives.
<br />By: CHRISTIAN ZAMORANO, Property Owner
<br />Date: 7\1 L5HE
<br />By:ALAN( EHLER, Engineering Geologist, Central Valley Water Board
<br /> Date:
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