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L <br /> ACCESS -AGREEMENT BETWEEN <br /> VILLAGE GREEN OWNERS ASSOCIATION AND ARCO PRODUCTS COMPANY <br /> THIS ACCESS AGREEMENT is made as of October �, 1994 (this "Agreement"), by and <br /> between V illaGe Green Owners Association hereinafter referred to as "Grantor" and ARCO <br /> Products Company, a division of Atlantic Richfield Company, hereinafter referred to as <br /> 'Grantee " <br /> 1 RECITALS <br /> 1 1 Grantor owns certain real property located oft Plymouth Road in Stockton, <br /> California. (the "Property") <br /> 1 2 Grantee desires to drill on a portion of the Propertv borehole(s) (the "Boreholes") <br /> and Groundwater monitoring well(s) (the "Wells") and to perform assessment and other related <br /> work on the Property as required by or in accordance with applicable environmental laws and <br /> regulations, or as required by or acceptable to those regulatory agencies exercising appropriate <br /> jurisdiction (collectively, the "Work") <br /> 1 3 The parties desire to enter into this Agreement to allow Grantee to install said <br /> Boreholes and Wells on the Property and to provide access to the Property to Grantee or its <br /> representatives for the purpose of performing the Work authorized by this Agreement. <br /> 2 AGREEMENT <br /> In consideration of the above and the mutual covenants and agreements herein, the parties agree <br /> as follows <br /> 2 1 Grantor hereby grants Grantee or its representatives pernussion to enter onto the <br /> Property for the purpose of performing the Work authorized by this Agreement Grantor <br /> authorizes Grantee or its representatives to release any and all analytical geotechnical data and <br /> site assessment information obtained dung the pertormance of the Work to appropriate <br /> government agencies Copies of final assessment and remediation reports pertinent to the <br /> Property and provided to such agencies shall also be provided to Grantor <br /> 2 2 Grantee shall not permit any liens to stand agaunst the Property for the Work done <br /> or materials furnished to Grantee and Grantee shall indemnify, defend and save Grantor harmless <br /> from any such liens for the Work performed under this Agreement <br /> 2 3 If the surface of the Property or any improvements thereon shall be disturbed by <br /> the Work then, upon completion of Work, the surface or improvements shall be promptly <br /> restored by Grantee to its condition dust prior to such disturbance <br /> 2 4 Grantee shall, after the Boreholes or Wells are no longer useful to the <br /> investigation, backfill or close out such Boreholes or Wells according to applicable standards <br /> 10x93 15MAGREB A 150601 t-5 <br />