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09/07/01 FRI 10:36 FAX 1 916 0430 SECOR-SACRAMENTO . 2004 �2ovz�lo �/ SITE ACCESS AGREEMENT BETWEEN Mr. Troy Roe And SECOR International,Incorporated THIS SITE ACCESS AGREEMENT("Agreement")is made as of 7/(3/00 by and between Mc TM Roc. hereinafter referred to as"Grantor"and SECOR International,Incorporation,hereinafter referred to as"Grantee" 1. RECITALS 3.3 If the Property shall be disturbed by the performance of the 1.1 Grantor owns certain real property at(address) Work,then upon completion of the Work the Property shall be promptly restored by Grantee to its condition just prior to such 23665 S Santa Fe Road,Riverbank, California 95367 disturbance, API Number#249-070-09(Filzure 1 (the"Property"), 3.4 Grantee agrees to indemnify,defend,and save Grantor,its 1.2 Grantee desires to perform the following work on the agents,consultants or employees harmless against all liability, Property: 1)Drill and install one groundwater monitoring well, damage,expense,causes of action,suits,claims,or judgments, MW-9. 2)Conduct oeriodic monitoring and samolin of f the including reasonable attorneys' fees and court costs,resulting well. The well will be protected at the s uface with a traffic from injuries to persons or damage to property on the Property rare well box that will be mounted flush with the existing grade which arise out of any negligent act,error,or failure to act,of 3 Followin completion of the investigation and remediation of Grantee,its agents,consultants or employees in performing the the Ranch Market Site,the well will be destroyed and the site Work allowed by the site access provided by this Agreement, will be restored to match the existing site conditions (Work"). except to the extent the same may be caused by the negligence 1.3 The parties desire to enter into this Agreement to give of Grantor,its agents,consultants or employees. access to the Property to Grantee or its representatives or 3.5 This Agreement may be terminated by either party upon consultants for the purpose of performing the Work. five(5)business days prior written notice. 2- AGREEMENT 3,0 Grantee shall use its best efforts to perform the Work in a NOW,THEREFORE, in consideration of the mutual covenants manner so as not to unreasonably interfere with Grantor's use or and agreements herein contained, the parties hereto do hereby occupation of the Property. covenant and agree to and with each other as follows: 3.7 This Agreement shall be governed by the laws of the State 3. TERMS of California. 3.1 Grantee or its representatives or consultants may perform the Work on the Property.Grantee or its representatives or consultants may enter onto the Property for the purpose of perfomilng the Work. 3.2 Grantee agrees not to permit any liens to stand against the Property for Work done or materials furnished by Grantee,and Grantee agrees to indemnify and hold Grantor harmless from any such liens for Work performed under this Agreement. IN WITNESS WHEREOF,the parties hereto are authorized to and have executed this Agreement as of the day and year first above written. Mr. Troy Roe Own PN 249-070-09 SECOR International Inco orated rantar antec � (By) (Ey) (Title) (Title) Pr0itenl2.RivcAankLAc¢ss-2,1565-Lwpd