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I I `Il I ATLANTIC RICHFIELD COMPANY i ACCESS AGREEMENT BETWEEN The City City - Deliartrnent of Parks Jand Recreation AND ATLANTIC RICHFIELD COMPANY 1 THIS ACCESS AGREEMENT is made as of July 30,2000, (this "Agreement"),by and between The Ciof Stockton_ Department of Parks and Recreation , hereinafter referred to as "Grantor", and Atlantic Richfield Company (ARCO), hereinafter referred to as"Grantee." j 1. RECITALS 1.1 Grantor owns certain real property located at —Oak-Park located on Alpine Street in the City of Stoelaon, San Joaquin,{;ounty,Califnmia(the"Property"). 1.2 Grantee desires to drill on a portion of the Property two(2)boreholes(`Boreholes")and convert them to rivo (2) monitoring wells ("Wells") and periodically monitor the Wells on the Property as required by applicable environmental laws and regulations, hereinafter, the "Work." The location of the said Wells are identified as"MW-b"and"MW-7"on the map attached hereto as Exhibit`A.' 1.3 The parties desire to enter into this Agreement to allow Grantee to drill said boreholes and install said we]is on the Property;to provide access to the Property to Grantee or its representatives for the purpose of performing the Work authorized by this Agreement; and to provide copies of any reports submitted to appropriate government agencies containing any geotechnical data or information concerning the condition of Grantor's property directly or indirectly resulting from Grantees"Work"on the Property to Grantor. 2. AGREEMENT In consideration of the above and the mutual covenants and agreements herein,the parties agree as follows: 2.1 Grantor hereby grants Grantee or its representatives permission to enter onto the Property for the purpose of performing the Work authorized by this Agreement. Grantor authorizes Grantee or its representatives to release any and all analytical geotechnical data and site assessment information obtained during the performance of the Work to appropriate government agencies with copies of all such data or information provided to the agencies to be provided to Grantor. Further; copies of all assessment and remediation reports touching, concerning or in any way referring to the Property shall be provided to Grantor. 2.2 Grantee shall not permit any liens to stand against the Property for the Work done or materials furnished to Grantee, and Grantee shall indemnify, defend and save Grantor harmless from any such liens for the Work performed under this Agreement. 2.3 If the surface of the Property shall be disturbed by the Work, then, upon completion of Work, the surface shall be promptly restored by Grantee to its condition just prior to such disturbance. If any improvements thereon shall be disturbed by the Work, Grantee shall immediately repair or restore any such improvements to the satisfaction of Grantor. 2.4 Grantee shall, after the wells are no longer useful to the investigation, backfill or close out such wells in a manner and to a condition consistent with environmental and construction standards, and restore the surface as it was prior to the Work performed by Grantee with the same materials being used to repair the work area as had been used by Grantor. 1