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Ultramar <br /> Ultramar,Inc. <br /> 685 W.Third Street Fax: 55�533.3232 cr :rarmentat <br /> Hanford,GA 93230-5016 559.583-3256 Retail Administration <br /> (559)582-0241 559-583-3330 Hurnan Resource <br /> 559-5.83-3382 Maintenance <br /> November 13, 2003 <br /> Mr. Eric Schneider <br /> Auburndale Properties, Inc. <br /> 2951 28"' Street, Suite 2050 <br /> Santa Monica, California 90405 <br /> RE: RIGHT OF ENTRY AGREEMENT <br /> 1108 EAST HAMMER LANE <br /> STOCKTON, CALIFORNIA <br /> Dear Mr. Schneider: <br /> The San Joaquin County Public Health Services Department (County) is requiring Ultramar Inc. <br /> ("Ultramar"), a wholly-owned subsidiary of Valero Energy Corporation, to continue an <br /> environmental investigation related to the operation of the Beacon Station 0641 located at <br /> 1210 East Hammer Lane, Stockton, California ("Site") located east of See's Candies at 1108 East <br /> Hammer Lane (APN 094-030-11), Stockton, California ("Property"). In connection with this <br /> investigation, Ultramar requests permission, at its sole cost and expense, to construct one <br /> groundwater monitoring well on the Property, as shown on the attached site plan. Such <br /> permission shall be granted under the following terms and conditions: <br /> 1, It is understood by the parties that such work as may be conducted shall be <br /> under the sole jurisdiction of the State and County regulating agencies <br /> ("Agencies") and that the Agencies shall have the sole discretion to <br /> determine the completeness of any work performed. <br /> 2. Ultramar, or its Consultant, shall provide owners or owners' representative <br /> of the Property with at least forty-eight (48) hours advance notice of its <br /> intention to enter the Property prior to drill the soil boring and install the <br /> monitoring well. <br /> 3. Ultramar, or its Consultant, shall promptly remove from the Property, at <br /> Ultramar's sole expense, all waste material (such as drilling cuttings) <br /> generated by its activities, or the activities of Consultant's agents, employees <br /> or subcontractors in the exercise of their rights under this Right of Entry <br /> Agreement ("Agreement"). <br /> 4. Ultramar, and its Consultant, shall restore any real and personal property, <br /> landscaping, fixtures or equipment on the Property that is disturbed or <br /> damaged by Ultramar, or its Consultant, or its Consultant's agents, <br /> employees or subcontractors in performing the tasks described in this <br /> Agreement to the condition in which such Property existed at the time <br /> Ultramar, or its Consultant, first entered upon the Property, <br /> l i= J W <br /> I. A Member of the Ua M;nar Group of Companies =i QU-1 r .1nd SVn•icC <br /> Rlltramar <br />