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Jul - 25 . 2003 12 : 56PM CV" _? EARTH TECHNOLOGIES No -4419 P . 2/4 MEMORANDUM of AGREEMENT And TEMPORARY SITE ACCESS AGREEMENT Between TRIMARK COMMUNITIES, LLC And SHELL OIL PRODUCTS COMPANY This is an agreement between TFJA ARK COMMUNITIES, LLC a California corporation (herein called"Grantor") with offices at 3120 Tracy Boulevard, City of Tracy, State of California 95376 and SHELL OIL PRODUCTS COMPANY, a Delaware corporation with offices at 910 Louisiana Street, City of Houston, State of Texas 77002 (herein called "Shell"). Grantor is the owner of real property in western San Joaquin County, legally known as Mountain House, California ("the Property"). There are known to be present on or under the Property petroleum liquids, solids, anctor vapors which the parties have an interest in investigating and removing by undertaking to perform a site assessment that includes the removal of backfill materials previously placed by Shell when the pipeline was removed from service, collection of soil samples and collection of ground water samples. The parties agree as follows: GRANTOR, on its behalf and on behalf of any present or future lessees, licensees, assignees, agents, representatives, grantees and successors, hereby grants to Shell, its contractors, subcontractors, and their employees and agents a temporary license to enter upon the Property for the purposes of observing the removal and classification of backfill materials by Grantor's contractor within the pipeline easement and soil sampling by Grantor's consultant conducted by Grantor's consultant. Shell will simultaneously be conducting a similar site assessment at their own cost. Grantor and Shell agree to provide copies of their independent site assessments to each other when they are available. Grantor and Shell have concluded that for this portion of the site assessment 2100 LF of the abandoned easement running from the Alameda County line, southeast to the southern boundary of Village `E' will have the backfill material removed to a depth of 6 feet to expose the soils directly beneath the abandoned pipeline. Grantor and Shell have agreed to the following reimbursements: 1. A 300 LF section of the easement is known to have contaminated soils and the cost to remove the 6' of backfill material shall be reimbursed to Grantor by Shell on a T&M basis.(see attached Teichert Construction T&M schedule)