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City of Lodi,Groundwater Remediation Project
<br /> Under the Regulatory Authority of the
<br /> California Regional Water Quality Control Board- Central Valley Region
<br /> Busy Bee Laundry and Cleaners
<br /> 40 North Main Street,Lodi, California
<br /> INDEMNIFICATION AND ACCESS AGREEMENT
<br /> This Indemnification and Access Agreement is entered into on the last date set forth below, by and
<br /> between Lal Altwal, the owner of the property located at 2 North Main Street, Lodi, California (the
<br /> "Owner"), and Environmental Engineering, Consulting, and Remediation, Inc., dba E2C Remediation
<br /> ("E2CR"), a California corporation and is based on the following facts and assumptions.
<br /> WHEREAS, Owner owns certain real property located 2 North Main Street, Lodi, California
<br /> (the "Property") ; and
<br /> WHEREAS, E2CR is conducting a certain soil and groundwater investigation and
<br /> remediation within the City of Lodi; and
<br /> WHEREAS, as part of such investigation and remediation, E2CR is required to install four
<br /> wells on the "Property" (see attached Figure 1) that are essential components of the remedial
<br /> investigation being performed under the supervision and oversight of the Regional Water Quality
<br /> Control Board (RWQCB); and,
<br /> WHEREAS, the exact duration of the anticipated remedial work is not presently known and
<br /> may potentially be in excess of three (3)years; and,
<br /> WHEREAS, in order for E2CR to accomplish this work, it will be necessary to access a
<br /> portion of the Owner's property as generally depicted in the attached Exhibit A for the purpose of
<br /> installing and trenching to said wells and subsequently sampling, testing, and maintaining said wells;
<br /> and
<br /> WHEREAS, E2CR seeks authorization from Owner to gain access to the Property in
<br /> exchange for the commitments on the part of E2C described below; and
<br /> WHEREAS, Owner intends to convey to E2CR a right of access to the Property for the sole
<br /> purpose of installing and subsequently sampling, testing, and maintaining said wells as part of the
<br /> RWQCB-regulated remedial investigation.
<br /> NOW,THEREFORE,Owner and the E2CR hereby agree as follows:
<br /> Section 1. The above recitals are true and correct.
<br /> Section 2. Owner hereby grants to E2CR on its behalf and on behalf of E2CR's officers,
<br /> employees, contractors, subcontractors, authorized agents, successors and assigns, a nonrevocable
<br /> license to gain access to the Property for the purpose of performing and completing the work
<br /> identified above on a month to month basis until the contemplated soil and groundwater remediation
<br /> is complete.
<br /> Section 3. E2CR shall indemnify and hold Owner, its officers, directors and stockholders
<br /> harmless from any and all claims, demands, damages, lawsuits, actions, liabilities, causes of action,
<br /> RATechnicalTrojects\1804BK Busy Bee\2 N.Main access aggreement.doc Page 1 of 2
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