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06/10/2010 07:52 20995526 INTEGRATED TELEC01-9 5 PAGE 02102 • City shall test for MTBE weekly at the point of discharge into tale recharge trench. If City finds MTBE in said discharge or if the hydraulic gradient indicates e2Itward groundwater movement, City shall cease its dewatering upeiatioii. hi consideration for this irrevocable license, City shall pay of er the stun of SEVF_.NTF.RN THOUSAND THREE HUNDRED FJTTY DOLLARS ($17,35C.00) within 30 days of approval of this license by the City Manager of the City of Stockton. Th right of City to enter upon the Property shall commence upon June 9, 2010 and shall terminate upon completion of the Project on the Property or October 7,2010,whichever occurs first. City shall no longer have the right to use the Property under the terms of this Right of Entry after October 7, 2010.. City agrees fill the recharge trench and to remove all equipment from the Property by October 7, 2010 and further agrees to pay Owner the amount of$1,000 per day for each c1 y beyond. October 7, 2010 said equipment remains at the Property and/or the Property has not been returned to its original or better condition. City does hereby indemnify and forever save Owner, Owner's heirs, successors and assigns, and the Property, free and harmless from and against any and all liaNility,loss,damages and costs and expenses, demands, causes of action, claims or judgments, arisifu11 g from or occurring out of any damage to the Property as a result of any accident or other occ rrence at the Property which is caused by the City's entrance onto the Property pursuant to this Right of Entry. It is further understood that the City shall return the Property to its original!or better condition immediately after said construction has been completed, except that City agn' s that at Owner's election, City shall either leave the groundwater monitoring wells in placE or abandon them pursuant to applicable standards. Owner agrees to notify Owner's tenants, if any, of this Right of!Entry and certifies that there are no lesser held interests in this property that will be affcuted iby granting this right of entry. Owner agrees to indemnify, defend, and hold City harmless fro.h all claims regarding this Right of Enlzy froin any other person having any right,title, or interestiin the Property- Dated: Dated: i� Dated: EMPIRE FIELDS,LLC,a Califomia lim.itrd CITY OF ST6CKTON, a municipal corporation in. liability cc an the County of§an Joaquin, State of California By: By: Printed me: 7,;W �,6/Joa KEVIN O'ROUKE INTERIM CITY MANAGER Title: APPROVED jAS TO FORM AND CONTENT: p By. JOHNh LUEBBERKE INTERIM CITY ATTORNEY Page 2 of 2