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. 10C xt 2005-017569 01/26/2005 07:56A Fee:25.00 Page 1 of 7 Recorded in official Records RECORDING REQUESTED BY: county of San Joaquin GARY W. FREEMRN First American Title Assessor-Recorder-County Clerk Paid by FIRST AMER TITLE Co IIIIII WHEN RECORDED MAIL T0: I IUIII IIIIII IIII VIII(IIII III IIIIIIII III VIII II Richard S. Feldman Nestle USA 800 No. Brand Blvd.,20a`Floor Glendale, CA 91203 21q sgsTM ACCESS AGREEMENT Effective as of )PN•Z(1, 2@ft5the "Effective Date"), David L. Sanders (hereinafter referred to as "Owner") hereby grants to Nestle USA, Inc. and its affiliated companies together with its and their respective consultants and contractors (hereinafter jointly and severally referred to as "Nestle") the right to enter Owner's property located at 230 Industrial Avenue,Ripon, California,hereinafter the"Property") from time to time to conduct soil and/or ground water investigation or remediation activities (the "Remediation") under the following terms and conditions: 1. Term. This Agreement shall extend until the California Regional Water Quality Control Board, Central Valley Region, issues a"no further action" letter or until Nestle completes its approved workplan activities to the satisfaction of the governmental agencies having jurisdiction over the environmental condition of the Property as those activities are discussed in the Final Cleanup and Abatement Order No. 93-712 issued by the California Regional Water Quality Control Board, Central Valley Region, whichever is later. 2. Purpose. The Remediation shall cover those activities and those areas of the Property necessary to comply with the Final Cleanup and Abatement Order No. 93-712 issued by the California Regional Water Quality Control Board, Central Valley Region dated October 29, 1993. 3. Activities. The Remediation may consist of any of the following types of activities in any combination: • the taking of soil samples from the surface or by soil boring; • the installation, operation, and maintenance of remediation equipment and ground water monitoring wells including, from time to time, the taking of samples from said monitoring wells; • continued operation and maintenance of a groundwater remediation system; • decommissioning or abandonment of wells upon completion of the Remediation. 4. Access; Moratorium on New Construction. At least twenty-four (24) hours prior to entering the Property to undertake any Remediation activities, Nestle shall give Owner notice of its intention to enter the Property together with a general description of