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07 / 27 / 01 FRI 15 : 56 FAX 1 916 861 0490 SECOR- SACRAMENTO 0 002 i 8 Chevron I SITE ACCESS AGREEMENT This Site Access Agreement is entered into this 1 I " day of June, 2001 , by and between Chevron Products Company, a division of Chevron U,S .A„ Inc., a Pennsylvania corporation, its successors and assigns, (hereinafter Chevron) and Richard Derger (hereinafter Owner). WHEREAS, Owner is the holder of record title to certain real property located in the City of Stockton, San Joaquin County, State of California, commonly known as 8626 Lower Sacramento Road, hereinafter (the Property); and WHEREAS, Chevron operates a fuel station at 8660 Lower Sacramento Road, Stockton, California, hereinafter (the Station) and hydrocarbon contamination from its operations has been discovered; and WHEREAS, Chevron has been requested to perform additional investigation; NOW THEREFORE, in consideration of the material promises contained herein, the parties agree as follows: I . As part of its investigation of environmental conditions present on the Station, Chevron desires access to the Property to perform such soil and groundwater investigation activities as may be reasonably necessary to fully define the extent, if any, of petroleum hydrocarbon contamination emanating from the Station . 2 . Owner grants Chevron reasonable access to the Property for the purpose of performing an environmental site investigation of surface and sub-surface conditions. Said investigation will include soil and groundwater delineation and sampling activities. Chevron will coordinate the drilling and sampling activities with Owner. i 3 . Chevron shall give Owner 48 hours advance notice of its intention to perform its investigative activities to permit Owner to have its representative and/or consultant present during the performance of such work. Owner shall be entitled to take split samples at its sole cost and expense if it so desires. 4. Chevron agrees to provide Owner with copies of all data, analyses, and final reports that are prepared relating to the investigation performed on the Property. 5. Chevron agrees to indemnify, defend and hold Owner harmless from any third party liabilities, claims, damage, lasses, or sujts r asultin6 frzm the perfor^.tance of ite investigative activities on th Property pursuant to thio Agreement. i 6. In lieu of insurance coverage, Chevron maintains a self-administered informal claims program with respect to its duties hereunder- Chevron shall require that its contractors and consultants that may perform the investigation activities on the Property pursuant to this Agreement maintain general liability insurance coverage in accordance with Chevron's standard practices. i JUL 2 7 2001 BY: ------ - ------ --•-