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NOV 2 9 2000 <br /> SITE ACCESS AGREEMEN'f <br /> This Site Access Agreement is entered into this ,2.Z day of r w 1u2.2006, by and <br /> between Chevron Products Company, a division of Chevron U.S.A.Inc.,a Pennsylvania 7 <br /> corporation(hereinafter"Chevron")and Joe Kowalski (hereinafter j`Owner )• <br /> WHEREAS,Owner holds record title to certain real property,26457 S. Banta Road, <br /> Tracy,California(San Joaquin County Assessor's Parcel Number 252-070-04), hereinafter i the <br /> "Property';this property may include railroad right of way land operated by union Pacit:c <br /> Railroad (formerly Southern Pacific Transportation Company); and <br /> WHEREAS,Standard Oil Company of California,a predecessor to Chevron U.S.A. Lac., <br /> operated crude oil pipelines on a right-of-way adjacent to the Property and a transfer point tfOr <br /> fuel oil on a parcel located southwest of the Property; <br /> WHEREAS, the Parties are aware that certain real property,26577 S.Banta Road, <br /> Tracy, California(San Joaquin County Assessor's Parcel Number i a2-070-03), in the vicinit, <br /> the Property have been impacted by residual petroleum hydrocarbon contamination;and <br /> WHEREAS, the Parties are aware that in 1995 Chevron installed three monitoring avers <br /> on the Property based upon an agreement and right-of-entry from the California Northern <br /> Railroad(a lessee of Southern Pacific Transportation Company)(the"Railroad"),the idertd ed <br /> owner of the Property at that time;and <br /> WHEREAS,Owner now asserts that they own the property upon which Chevron <br /> installed its monitor wells pursuant to the agreement with the Railroad; and <br /> WHEREAS,the California Regional Water Quality Control Board,Central Valley <br /> Region(hereinafter"Agency")has requested that Chevron perform additional evaluation oz he <br /> potential extent of residual petroleum hydrocarbon contamination atithe Property;and <br /> NOW THEREFORE,in consideration of the material promisescortained herein, the <br /> parties agree as follows: <br /> 1. As part of its assessment of environmental conditions present or.the Prope..y, <br /> Chevron desires access to the Property to perform asi.essment activities to detine <br /> the extent, if any, of petroleum hydrocarbon contamination present on the <br /> Property. <br /> 2_ Owner grants Chevron reasonable access to the Property for the purpose cf <br /> performing an environmental site assessment of surface and sub-sui lace <br /> conditions. Said assessment may include soil and groundwater delineation and <br /> sampling activities;sampling,monitoring, and maintenance of existing mon for <br /> wells; and the installation of additional monitor wells if such installation :s <br /> Site Access Agreement Kowalski Property ' of <br /> December 2006 <br /> 2098381353 => CHEVRON EMC ,TEL=9258420213 1i/29' ec uc;• + <br />