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ACCESS AGREEMENT <br /> This Agreement is made as of June 10, 2002, by and between the <br /> following entities, referred to herein as the Parties: <br /> Shell Oil Products US ("Shell') <br /> 12700 Northborough <br /> Houston,Texas 77067 <br /> Attn: Director Safety,Health &Environment/ <br /> Science &Engineering <br /> and <br /> Marengo Properties LLC ("Licensor") <br /> 6024 Pacific Avenue <br /> Stockton, CA 95207 <br /> Atm: Merylene Marengo <br /> WHEREAS,Licensor is the owner of a certain parcel of real estate located at <br /> 6002—6138 Pacific Avenue, Stockton, California ("Property"), and <br /> WHEREAS,petroleum underground storage tanks as defined in 40 CFR Part 280 <br /> or supplanting federal regulations owned by Shell or its predecessors in interest ("USTs") <br /> are present on premises across Pacific Avenue from the Property, and <br /> WHEREAS,petroleum hydrocarbons may be present on the Property, and <br /> WHEREAS, the Parties desire to investigate and, if necessary, perform <br /> remediation of petroleum hydrocarbons to bring the Property into compliance with <br /> applicable law, <br /> NOW, THEREFORE, in exchange for the mutual promises and considerations <br /> stated herein the Parties agree as follows: <br /> 1. Grant of License. Licensor hereby grants a nonexclusive irrevocable license from <br /> the date of this Agreement to Shell, its employees, authorized agents and contractors to <br /> enter the Property to perform all monitoring well installations, tests, inspections,borings, <br /> engineering studies, surveys, appraisals,environmental studies, remediation operations <br /> and/or other activities hereinafter referred to as "Corrective Action" that Shell deems <br /> reasonably necessary to comply with all applicable federal, state and local statutes, <br /> regulations, ordinances directives, orders and standards for Corrective Action related to <br /> USTs. This Agreement is intended and shall be construed only as a temporary license to <br /> enter and conduct the Corrective Action upon the Property and not a grant of easement or <br /> any other interest in the Property. Any monitoring wells we install will be capped at <br />