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R <br /> October 4, 2004 <br /> Diggler and Wad, LLC <br /> c/o Scott I.Damouny <br /> 2707 East Fremont Street, Suite 14 <br /> Stockton, California 95205 <br /> Re: Request for Access to Property Located at <br /> 2491 East Fremont Street, Stockton, California <br /> Dear Mr. Damouny: <br /> As a result of an ongoing environmental assessment at the Shell-branded service station <br /> located at 2494 East Fremont Street, Stockton, California, Shell Oil Products US (Shell) <br /> has been advised that there may hydrocarbons (gasoline,oil, etc.)in or about your <br /> property located at 2491 East Fremont Street, in the vicinity of the service station. <br /> Therefore, on behalf of Shell we request permission to enter your property and perform <br /> the work outlined below to determine if hydrocarbons originating from the Shell service <br /> station are present and remediate such hydrocarbons as may be required by applicable <br /> law. <br /> The work to be performed may include the installation of monitoring well(s) and periodic <br /> monitoring of such wells, tests, inspections, borings,engineering studies, surveys, <br /> appraisals, environmental studies,remediation operations and/or other activities that <br /> Shell deems necessary to comply with all applicable federal, state and local statutes, <br /> regulations, ordinances, directives, orders and standards governing underground storage <br /> tank systems and the assessment or remediation of petroleum hydrocarbons. Any <br /> monitoring wells we install will be capped at grade level per the attached typical <br /> installation drawing. The locations of the proposed borings are indicated on the attached <br /> site map. <br /> A licensed contractor retained by Shell will perform the above work. This work is being <br /> performed on behalf of Shell to comply with the environmental requirements of the State <br /> of California. <br /> The work may result in minor disruptions of the normal use of your property. The <br /> property will be restored to its approximate former condition as soon as possible after we <br /> have ascertained if hydrocarbons from the Shell service station are present and,to the <br /> extent required, such hydrocarbons have been remediated. Shell agrees to indemnify you <br /> from any and all claims by third parties arising out of the work performed by Shell under <br /> this agreement. <br /> Please sign below to signify your consent and return this letter with the attachments in the <br /> enclosed stamped envelope. Keep the second copy for your records. <br />