ARCHIVED REPORTS_XR0002058 - Laserfiche WebLink

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RIGHT OF ENTRY AND LICENSE AGREEMENT (Stodao§4 California) ' THIS RIGHT OF ENTRY AND LICENSE AGREEKENT "A(,�greearent") daw INITIAL as of Svc, r4 • 1947, is entered Into by and between, ULTRAMAP�-M, aZ*W*erer newt. corporation("Ultramar")and SAFEWAY INC,a Delaware corporation("Safeway") ' RECITALS WHEREAS Safeway is the owner of certain real property known as 1120 East Hammer Lana,Stoddon,C4kforiva("Props rVD,and ' WHEREAS Ultramar is the owner or operator of certain real property adjacent to the INITIAL Pfimidro ' 210 East HaLane, Stockton, Ca>n moa, on which Ln gasomman line station("Adjacent Property"),and WHEREAS Ul r=w is presently conducting an environmental inveabgaho ("Investigation')on the Adjacent Property In the area of oertmn gasoline utsderground Biel tanks and =mu ted product loos The Investtgahou is being performed by Horizon Environmental,Inc W'MEAS. Ultramar has requested access from Safeway, and Safeway desires to allow ' access to Ultramar,to install one(1)groundwater monitoring well as the Property as part of the Investigation. WITNESSETH NOW, TBERHPOM for good and valuable consideration receipt of which Is hereby acknowlodged,Ultramar and Sa&way hereby agree as follows 1• Safeway hereby grants to Ultramar, its consultants, contractors, subcontractors, and their employees and agents (collectively, "Agents") a temporary horns:to enter upon the Property for the purpose of oonduchng a site assessment and/or the Installabon of one (1) Umitormg well (tho "Wc1i") (colkctrvely, the "Activities")on the Property strictly hunted to that area marked 'posed Groundwater Momtorzag Well Location")on Exhibit A.adached hereto and hereby mcorpomted herein. Such Acbvittes may Include the operation and maintenme of the well and appurtenances thereto and the right to perform all acts necessary to aonnoction then ewidi. Thio Agreement ' is Intended and sha11 be construed only ser a temporary license to eater the Property and to conduct the Activnges upon the Property and not as a grant of easement or any other interest In the Property 2• The term of this license and access to the pwparty shall commence ag of the date hereof and shah expire ane(1)year ftreaftertprovidod,however,that either PartY may terminate this license upon five(S)days prior written notice to the other party. ' In the event ntther party bas termmated this Agr aemeW by wsttan not>ce to the other party as Permitted herein pinch to the a Mnahon of awd one(1)year tam,the term oftbis iicenae and socesa to the Property:hull be deamad extended for an additional ails(1)year period. Ultramar agrees for itself and rte Agents that wch entry to the property shall be hmibW to ' the hours of 6*00 a.m.to S 00 pm far a period of two(2)buunem days in order to marsh and develop the Wdl sad thareaftar betaom 6-00 s.ro, trod 10:00 a.tn. Monday,through Friday for mm*lmg and muntwunce.and two (2)havu=days to remove rho Well and restore the Proparty. Ultramar wtll lnshvd its Agalta that ouch hme b mitadons must be ' strictly complied wni,. 3. ACMMM auMneLly. Ult aim agrees that entry upon the pmporty to tent necessary fW the performaas.e of the Activities rmdmUk= Ultrumshall be and rho exits Agents for the purposes expressed hereat, Upon oomplobon of each of the Acta has upon 7 Iap semealS�ti9tiGdae PSC ft Wo."IMP Pqe 1 old smamNCA