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COPY NO. 1 <br /> SITE ACCESS AGREEMENTJ�yR <br /> D <br /> This Site Access Agreement is entered into this 7 day of 2001, by and <br /> between Chevron Products Company, a division of Chevron U.S.A., Inc., by and <br /> through its contract operator, Chevron Environmental Management Company, a <br /> California corporation (hereinafter "Chevron") and Mr. Glenn Levine and Mrs Jami A. <br /> Levine (hereinafter"Owner"). <br /> WHEREAS, Owner holds record title to certain real property, 26457 S. Banta <br /> Road, Tracy, California(San Joaquin Assessor's Parcel Number 252-070-04), hereinafter <br /> (the "Property"); this property may include railroad right of way land operated by Union <br /> Pacific Railroad (formerly Southern Pacific Transportation Company) and <br /> WHEREAS, Chevron operated crude oil pipelines on a right-of-way adjacent to <br /> the Property and Chevron operated a transfer point for fuel oil on a parcel located <br /> southwest of the Property; <br /> WHEREAS, the Parties are aware that certain real property, 26577 S. Banta <br /> Road, Tracy, California (San Joaquin Assessor's Parcel Number 252-070-03) in the <br /> vicinity of the property have been impacted by residual petroleum hydrocarbons <br /> contamination; and <br /> WHEREAS, the Parties are aware that in 1995 Chevron installed three <br /> monitoring wells on the Property based upon an agreement and right-of-entry from the <br /> California Northern Railroad (a lessee of Southern Pacific Transportation Company) (the <br /> "Railroad"), the identified 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 <br /> Valley Region (hereinafter "Agency") has requested that Chevron perform additional <br /> evaluation of the potential extent of residual petroleum hydrocarbon contamination at the <br /> Property; and <br /> NOW THEREFORE, in consideration of the material promises contained <br /> herein, the parties agree as follows: <br /> 1. As part of its assessment of environmental conditions present on the Property, <br /> Chevron desires access to the Property to perform assessment activities to <br /> define the extent, if any, of petroleum hydrocarbon contamination present on <br /> the Property. <br /> 2. Owner grants Chevron reasonable access to the Property for the purpose of <br /> performing an environmental site assessment of surface and sub-surface <br /> Site Access Agreement: Levine Property Page I of 3 <br /> December 2000 <br />