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ACCESS AGREEMENT BETWEEN <br /> CALTRANS AND ARCO PRODUCTS COMPANY <br /> THIS ACCESS AGREEMENT is made as of September _, 1994 (this "Agreement"), by and <br /> between Caltrans, hereinafter reterred to as "Grantor" and ARCO Products Company, a division <br /> of Atlantic Richfield Company, hereinafter referred to as "Grantee " <br /> 1 RECITALS <br /> 1 I Grantor owns certain real property located at Interstate 5 and Benjamin Holt Drive, <br /> in Stockton, California, (the "Property") <br /> 12 Grantee desires to drill on a portion of the Property 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 pertorming 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 permission 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 during the performance of the Work to appropnate <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 /> 22 Grantee shall not permit any liens to stand against 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 /> 23 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 just prior to such disturbance <br /> 24 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 /> 10193 <br /> 1506XAGitJ=ErA150601 L-6 <br />