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AGREEMENT REGARDING SITE ACCESS,WORK PLANS AND INDEMNIFICATION RELATED TO PIPELINE THIS AGREEMENT REGARDING SITE ACCESS, WORK PLANS AND INDEMNIVICATION ("Agreement") is entered into by and among SHELL OIL COMPANY, a Delaware company, doing business as Shell Oil Products US ("Shell"), THE JOE J. AND LILLIAN E. MACHADO FAMILY TRUST, dated March 17, 1993, and restated May 17, 1993 ("Machado"), and GLOBAL INVESTMENT & DEVELOPMENT, LLC, a California limited liability company ("Global") concerning the real property development project known as the Mountain House Community located in western San Joaquin County, California (the "Project"), and which property is further identified in the site map attached hereto as Exhibit "A" (the "Property"). Machado, Global and Shell are sometimes collectively referred to herein as the "Parties" and singularly as a "Party." Specifically, the Parties wish to address the ongoing remediation that Shell is performing in cooperation with Machado and Global. WHEREAS, Machado and Global are developing property within Specific Plan III of the community known as Mountain House in San Joaquin County, California. Environmental contamination has been discovered and it is anticipated that additional contamination may be discovered that is allegedly caused by, related to or the result of the operation of two Shell pipelines, that are now removed, but formerly ran through and along a Right of Way/Easement (recorded in Book "A", Volume 252, Page 381 in the San Joaquin County Records) granted by a former property owner and more fully described and identified on the maps and documents attached hereto as Exhibit "B" (the "Pipeline"). Concerns about responsibility for this discovered contamination and the possibility of future contamination have been identified by Machado and Global; and WHEREAS, a portion of the contamination that has been discovered as of the date of this Agreement is located in the portion of the Property commonly known as Neighborhood B. Neighborhood B is more specifically identified on the area map attached hereto as Exhibit "A"; and WHEREAS, Hazardous Materials (as that term is defined in Section I below) related to or resulting from the operation of the Pipeline were identified during site investigation activities in the vicinity of the Property, and it is anticipated that Hazardous Materials related to or resulting from the operation of the Pipeline affects the Property; and WHEREAS, Shell desires access to, and the right to enter upon, the Property to perform assessment;activities to define the extent of Hazardous Materials present on the Property in the vicinity of the Pipeline, and to perform remediation activities; and WHEREAS, subject to the terms and conditions of this Agreement, Machado and Global are willing to allow Shell to enter upon the Property in the vicinity of the Pipeline for the purpose of assessing and remediating contamination caused by, or resulting from the operation of the 1 200526-14.dodFI NAU6.8.06