Laserfiche WebLink
OR/04/97 TAU 15:49 F.41 588 3282 ULTRAIR[AR <br /> RIGHT OF ENTRY AND LICENSE AGREEMENT <br /> (Stocictwr,Callfurnl*) <br /> THIS RIGHT OF ENTRY AND LICENSE AGREEMENT (�A�nent) n��rc wITIAL <br /> as of�rr 1997,is entered into by and between ULTRAMAPW <br /> corporation("Ultramar")and SAFEWAY INC.,a Delaware corporation("Safeway"). <br /> RECITALS <br /> WHEREAS: Safeway is the owner of certain real property lrnawn as 1120 East Hammer <br /> Lane,Stockton,California("ProlmhyD;and <br /> WHEREAS: Ultramar is the owner or operator of certain real property adjacent to the INIilAt <br /> ����ppca210 East Hammer Lane, Stocktonm, California, on which Ultra <br /> aline station("Adjacent FroperY);and <br /> WHEREAS: Ultramar is presently conducting an environmental mvestigatio <br /> ("investigation")on the Adjacent Property in the area of certain gasoline underground fuel <br /> tanks and associated product lines. The Investigation is being performed by Horizon <br /> Environmental,Inc. <br /> WHEREAS; Ultramar has requested access from Sarerway, and Safeway desires to allow <br /> wzesa to Ultramar,to install one(1)groundwater monitoring well on the Property as part of <br /> the Investigation. <br /> WITNESSETH <br /> NOW, SORE, for good and valuable consideration receipt of which is hereby <br /> acknowledged,Ultramar and Salbway hereby agree as follows: <br /> 1. Grant of lmna=UUM- Safeway hereby grants to Ultramar, its consultants, <br /> contractors, subcontraatora, and their employees and agents (collectively, "Agents") a <br /> temporary license to cater upon the Property for the purpose of conducting a site assessment <br /> and/or the installation of one (1) monitoring well (the "Well") (collectively, the <br /> "Activities")on the Property strictly limited to that area marked "Proposed Groundwater <br /> Monitoring Well Location")on Exhibit A.attached hereto and hereby incorporated herein. <br /> Such Activities may include the operation and maintenance of the well and appurtenances <br /> thereto and the right to perform all acts necessary in connection therewith. This Agreement <br /> is intended and shall be construed only as a temporary license to enter the Property and to <br /> conduct the Activities upon the property and not as a grant of easement or any other interest <br /> in the Property. <br /> 2. Term afLionse. The term of this license and access to the Property shall commence <br /> as of the date hereof and shall expire one(1)year thereafter,provided,however,that either <br /> party may terminate this license upon five(S)days prior written notice to the other party. <br /> In the event neither party has terminated this Agreement by written notice to the other party <br /> as permitted herein prior to the expiration of said one(1)year term,the term of this license <br /> and access to the Property shall be deemed extended for an additional one(1)year period. <br /> Ultrarnar agrees for itself and its Agents that such entry to the Property shall be limited to <br /> the hours of 6:00 am-to 5:00 p.m.for a period of two(2)business days in order to install <br /> and develop the Well and thereafter between 6:00&m. and 10:00 stn. Monday through <br /> Friday for sampling and maintenance,and two (2)business days to remove the Well and <br /> restore the Property. Ultramar will instruct its Agents that such time limitations must be <br /> strictly complied with. <br /> 3. ' Atth4des IM Ultramar agrees that entry upon the Property shall be limited <br /> to the extent necessary for the performance of the Activities undertaken by Ultramar and its <br /> Agents for the purposes expressed herein. Upon completion of each of the Activities upon <br /> cAcacVda.nop\msMeMM\54391iad6e Facility No.985439 <br /> 7148197 $4&Wn,CA <br /> Page t of 4 <br />