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CALIF . GEOPHYSICAL GP . 209527481036 P . 02 :I FIRST AMENDMENT TO ACCESS AGREEMENT TO FACILITATE INVESTIGATION OF SITE 1060 DATED MARCH 11, 1996 (THE "ACCESS AGREEMENT") This First Amendment to the Access Agreement dated March 11 , 1990 (this ''Amendment") is made as of April, 1999, by and between DAR PETRO, INC . , a California corporation ("Dar Petro'), and THE PEP BOYS, MANNY, MOE & JACK OF CALIFORNIA, a California corporation ("Pep Boys'). Together, Dar Petro and Pep Boys are sometimes referred to herein as the "Parties". RECITALS A. Pursuant to the Access Agreement, Pep Boys agreed to provide access to the Premises so that Dar Petro could conduct the Allowable Investigation. B . All initial capitalized terms not defined in this Amendment shall have the meaning ascribed to such terms in the Access Agreement. C. Dar Petro has conducted a portion of the Allowable Investigation, and now wishes to continue and modify the Allowable Investigation at the Premises, as set forth more fully below. By its terms, however, the Access Agreement has expired. Therefore, the Parties are desirous of amending the Access Agreement to provide for a three-year extension of the Access Agreement to conduct the additional investigation at the Premises. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1 . Termination. The Access Agreement shall terminate on March 11 , 2001 . 2 . Modification of Allowable Investigation. The Allowable Investigation shall include the installation of a monitoring well at the location designated as BM= 13 on the agency- approved work plan prepared by California Geophysical Group, Inc. for Dar Petro, dated April 21 , 1998 - Samples from the well may be collected quarterly. 3 . Full Force and Effect. All other provisions and terms of the Access Agreement shall remain in full force and effect. 4. Counterparts, This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.