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L� <br />b6a�, r00J <br />\n% <br />LICENSE AGREEMENT <br />' <br />qa `� <br />:. <br />THIS AGREEMENT is made and entered into by and between Beneto, Inc. (hereinafter <br />'Beneto"), and Morita Brothers (hereinafter "Morita"). This License is effective upon the <br />execution thereof by all the parties hereto and delivery of a fully executed copy to Morita at <br />" ov,N Pace,,;�-The term of this License shall be from the date of this <br />License agreement until termination requested by the applicable governmental agency. <br />1. RECITALS: This Agreement is made with reference to the following facts and <br />circumstances: <br />A. The Beneto property is located at 749 East Charter Way Stockton, <br />California, which is adjacent to the Morita property located at 814 East <br />Charter Way, Stockton, California. <br />B. Both Beneto and Morita are responsible parties for groundwater and soil <br />contaimination which occurred on their respective properties. <br />C. The Morita property is in the process of closure of environmental <br />activities. <br />D. It has been recommended by the San Joaquin County Environmental <br />Health Division that Beneto take over ownership of certain monitoring <br />wells located on the Morita Property. <br />2. TRANSFER OF OWNERSHIP OF WELLS: Beneto herby assumes, and Morita <br />hereby transfers ownership of monitoring wells on Morita property designated as <br />MW -11 and MW -208 as designated on the attached site map (Figure 3). These <br />monitoring wells are collectively referred to herein as the "Wells". <br />A. Condition of Wells: Morita shall guarantee that the Wells are in good <br />condition and repair, so as to provide unencumbered accesss and <br />protection to groundwater. The parties agree that as a condition of the <br />assumption of ownership of the Wells by Beneto the Wells shall be <br />inspected by Apex Envirotech, Inc., and any repairs recommended by <br />Apex Envirotech shall be repaired at the expense of Morita. The Wells <br />shall thereupon be reinspected by Apex Envirotech, Inc. Once the <br />condition of the Wells has been approved by Apex Envirotech, Inc., <br />Morita shall have no further responsibility therefore, except in the case of <br />actual damage to the Wells caused by Morita. <br />3. LICENSE: Beneto, it's agents, employees, consultants, and appropriate <br />governmental officials, shall have a license to enter onto the property of Morita at <br />all reasonable times during business hours for the purpose of maintaining, <br />Apex Project # BEN58.005 <br />