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AOC Site#:4912
<br /> Acquisition#:5445
<br /> LICENSE AGREEMENT
<br /> THIS LICENSE AGREEMENT (the "Agreement") is made as of September 12, 2017, by and between
<br /> KING OF CENTRAL VALLEY II, LP ("Licensor") and PHILLIPS 66 COMPANY ("Licensee"); Licensor
<br /> and Licensee shall sometimes hereinafter be referred to individually as a "Party" and together as the "Parties."
<br /> RECITALS
<br /> A. Licensor is the legal and rightful owner of a certain parcel of real property located at 1502 East
<br /> March Lane, Stockton, California, and further identified by the San Joaquin County Assessor as Parcel No.
<br /> 096-140-24 (the "Property"), and in the vicinity of the former 76 Station #5445, located at 1206 East March
<br /> Lane, Stockton, California;
<br /> B. HIGH ROLLER'S INC. DBA BURGER KING is identified as a "Tenant" on the Property,
<br /> specifically at 1502 East March Lane, Stockton,California;
<br /> C. Licensee, in cooperation with the California Regional Water Quality Control Board — Central
<br /> Valley Region ("CRWQCB"), now desires to enter the Property to conduct various environmental
<br /> investigation and/or remediation activities, including, but not limited to, installation and quarterly monitoring,
<br /> sampling, and maintenance of one (1) groundwater monitoring well, labeled "MW-15," at the approximate
<br /> location shown on the site plan labeled as "Exhibit A," attached hereto and incorporated herein by reference,
<br /> with eventual proper well abandonment in accordance with state and/or municipal protocols (the "Work");
<br /> D. The Parties desire to enter into this Agreement so that the soil and/or groundwater can be
<br /> assessed pursuant to environmental laws and regulations;
<br /> NOW THEREFORE, in consideration of the granting of the foregoing, the mutual premises, covenants,
<br /> conditions, and agreements hereinafter set forth, and other good and valuable consideration, the receipt and
<br /> adequacy of which are acknowledged, the Parties hereby agree as follows:
<br /> 1. Grant of License - Licensor hereby grants to Licensee, and its employees, representatives and/or
<br /> contractors an irrevocable, non-exclusive license (the "License") to enter upon the Property from time to time
<br /> to conduct the activities described in Recitals Paragraph C and D above. Further, Licensor shall cause any
<br /> tenants or lessees of the Property, not a party hereto, to provide Licensee, including its consultant(s), and/or
<br /> contractor(s), same License. This License shall commence on September 12, 2017 (Effective Date), and shall
<br /> end on September 12, 2020, unless the Parties agree in writing to extend the term of the License. If Licensee is
<br /> required by a government agency to maintain a well or other equipment on the Property beyond the term of
<br /> this License, then the License shall, on notice of such requirement to Licensor, be extended until thirty (30)
<br /> days after such requirement ceases. Prior to the expiration of the License, Licensee shall, at no cost or expense
<br /> to Licensor, (a) cause any excavations to be returned to the original gradient, (b) remove all equipment placed
<br /> on the Property, (c) fill and level all ditches, ruts and depressions, if any, caused by the closure of the
<br /> Licensee's excavation operations on the Property and(d)remove all debris resulting therefrom.
<br /> 2. Compliance with Laws-Licensee shall conduct all operations which are the subject of this License in
<br /> compliance with all federal, state, and municipal statutes and ordinances, and with all regulations, orders, and
<br /> directives of appropriate governmental agencies, as such statutes, ordinances, regulations, orders and
<br /> directives now exist or provide.
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