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l�wl` <br /> j. 2 16cw, <br /> S.ation Na.: 9-6171 <br /> MONITORING WELL OWNERSHIP TRANSFER AGREEMENT <br /> THIS IS AN AGREEMENT between CHEVRON U.S.A. INC., a Pennsylvania <br /> corporation (hereinafter "Chevron"), and LINCOLN CENTER ENVIRONMENTAL <br /> REMEDIATION TRUST(hereinafter"LCERT"). <br /> WHEREAS, Chevron is the owner and/or is in control of three(3) groundwater <br /> monitoring wells identified as MW-2,MW-3 and MW-5 (the"Wells"), located on, adjacent to, <br /> and/or in the vicinity of 6633 Pacific Avenue, in the City of Stockton, County of San Joaquin, <br /> State of California,commonly referred to as Chevron Service Station No. 9-6171 (the <br /> "Property"); <br /> WHEREAS, Chevron has used the Wells under the oversight of the California Regional <br /> Water Quality Control Board, Central Valley District (the "Agency") as part of its investigation <br /> and remediation of a petroleum hydrocarbon release at the Property, referred to as LUSTIS Case <br /> No. 390054; <br /> WHEREAS, Chevron anticipates closure of its environmental case andror the receipt of a <br /> No Further Action letter from the Agency, which requires it to properly close and abandon the <br /> Wells; and, <br /> WHEREAS, LCERT desires to acquire ownership of the Wells for use in order to comply <br /> with Agency directives to it in connection with a separate environmental case associated with the <br /> release from former dry cleaning operations on its property located at the Lincoln Village <br /> Shopping Center,referred to as Case No. SL205132997; <br /> NOW, THEREFORE, in consideration of the execution of this Agreement, the receipt <br /> and sufficiency of which is hereby acknowledged,LCERT and Chevron agree as follows: <br /> 1. Ownership. Chevron transfers ownership to LCERT and LCERT accepts ownership <br /> of existing monitoring wells MW-2, MW-3 and MW-5. LCERT assumes responsibility for all <br /> maintenance and final disconnection/abandonment of the Wells per agency requirements. As <br /> between LCERT and Chevron, LCERT agrees to be solely responsible for all costs and expenses <br /> incurred in the maintenance of the monitoring wells for the duration of their use, and for the final <br /> disconnection/abandonment as required by the State, County andror Local authority. Chevron <br /> shall have no obligation or responsibility for any such costs or expenses to maintain and/or <br /> disconnect/abandon the Wells- <br /> 1003W.2 1 <br /> Well Transfer Agreement 9-6171 <br /> (EPG Rev.8/04/09) <br />