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AOC Site#:4912
<br /> Acquisition#:5445
<br /> LICENSE AGREEMENT
<br /> THIS LICENSE AGREEMENT (the "Agreement") is made as of Augusta 2017, by and
<br /> between FOCUS REAL ESTATE LLC ("Licensor") and PHILLIPS 66 COMPANY ("Licensee");
<br /> Licensor and Licensee shall sometimes hereinafter be referred to individually as a "Party" and
<br /> together as the "Parties."
<br /> RECITALS
<br /> A. WHEREAS, Licensor is the legal and rightful owner of a certain parcel of real
<br /> property located at 1503 East March Lane, Stockton, California, and further identified by the San
<br /> Joaquin County Assessor as Parcel No. 096-140-38 (the "Property"), and in the vicinity of the
<br /> former 76 Station#5445,-located at 1206 East March Lane, Stockton, California;
<br /> B. WHEREAS, Licensee, in cooperation with the California Regional Water Quality
<br /> Control Board Central Valley Region("CRWOCB"),now desires to enter the Property to conduct
<br /> various environmental investigation and/or remediation activities, including, but not limited to,
<br /> installation and quarterly monitoring, sampling, and maintenance of one (1) groundwater
<br /> monitoring well, labeled "MW-16," at the approximate location shown on the site plan labeled as
<br /> "Exhibit A," attached hereto and incorporated herein by reference, with eventual proper well
<br /> abandonment in accordance with state and/or municipal protocols (the "Work");
<br /> C. WHEREAS,all Parties desire that the Work not be disruptive to Licensor;
<br /> D. WHEREAS, the Parties desire to enter into this Agreement so that the soil and/or
<br /> groundwater can be assessed pursuant to environmental laws and regulations;
<br /> NOW THEREFORE, in consideration of the forgoing recitals, which are incorporated by
<br /> reference, and the mutual premises, covenants, conditions, and agreements hereinafter set forth,
<br /> and other good and valuable consideration,the receipt and adequacy of which are acknowledged,
<br /> the Parties hereby agree as follows:
<br /> 1. Grant of License - Licensor hereby grants to Licensee, and its employees,
<br /> representatives and/or contractors an irrevocable, non-exclusive license (the "License") to enter
<br /> upon the Property from time to time solely for the purpose of conducting the activities described
<br /> in Recitals Paragraph B and D, above. Further, Licensor shall cause any tenants or lessees of the
<br /> Property,not a party hereto,to provide Licensee, including its consultant(s), and/or contractor(s),
<br /> same License. This License shall commence on August 31, 2017 (Effective Date), and shall end
<br /> on August 31, 2020, unless the Parties agree in writing to extend the term of the License. If
<br /> Licensee is required by a government agency to maintain a well or other equipment on the
<br /> Property beyond the term of this License,then the License shall, on notice of such requirement to
<br /> Licensor, be extended until thirty (30) days after such requirement ceases. Prior to the expiration
<br /> of the License, Licensee shall, at no cost or expense to Licensor, to the extent disturbed by the
<br /> Work conducted under this License, restore the Property to as near the condition existing
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