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RECLAMATION DISTRICT NO.2042 <br /> BISHOP TRACT <br /> 343 East Main Street, Suite 815 <br /> Stockton,CA 95202 <br /> (209)943-5551 <br /> TEMPORARY ENTRY PERMIT <br /> RD: RECLAMATION DISTRICT NO. 2042—BISHOP TRACT <br /> PERMITTEE: Peloria Paradise Point LLC <br /> AFFECTED PROPERTY: Levee Station 3+00 to 8+00 In the vicinity of Paradise Point Marina <br /> PROJECT: The Project to which this Temporary Entry Permit applies is described as <br /> follows: <br /> Perform soil and groundwater investigation for fuel pipeline release,Paradise <br /> Point Marina—805 Rio Blanco Road,Stockton,CA. See attached Base Map <br /> for location and Exhibit(s)for additional details. <br /> AGREEMENT: <br /> Reclamation District No. 2042—Bishop Tract,herein referred to as RD,does hereby grant to Pelona Paradise <br /> Point LLC, herein referred to as Permittee, permission to encroach upon the area of jurisdiction of RD as <br /> described above,with respect to the above described Project,upon the following terms and conditions,which by <br /> acceptance of this Permit,Permittee agrees to observe and perform: <br /> 1. With the execution of this Permit,the undersigned Permittee acknowledges that the Permittee has read <br /> and agrees to be bound by all of the terms and provisions of this Temporary Entry Permit. The Permittee <br /> shall indicate the acceptance of this Permit,and the terms and conditions hereof,by executing the form of <br /> acceptance on one copy of the Permit and returning it to RD. The Permit shall not become effective until <br /> RD returns one fully executed copy of this Permit to Permittee. <br /> 2. The Permittee shall use reasonable precautions to avoid damage to persons or property. RD assumes no <br /> liability for loss or damage to property or injuries to or deaths of agents, contractors, employees or <br /> representatives of Permittee by reason of the exercise of privileges conferred herein. <br /> 3. RD shall not be liable or responsible for anyinjury,damage or loss sustained or claimed by the Pemrittee or its <br /> property orby any employees of the Permittee or their property,or by any third person or his property,fromor <br /> as a result of the installation and/or maintenance of the Project while on or about the said levee, and the <br /> Permittee shall indemnify and save RD harmless from any liability therefore,including the cost of defending <br /> any action brought against RD in connection therewith. <br /> 4. Permittee shall acquire no property right in or to the levee or right of way of RD by virtue of this Permit <br /> and RD does not hereby relinquish any right or title therein, <br /> 5. Except as herein otherwise provided,all costs of maintenance,repair and/or replacement of the above <br /> described Project shall be home by Permittee.Permittee shall,whenever instructed by RD to do so,repair <br /> 1 of4 <br />