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SITE ACCESS AGREEMENT <br /> (Environmental Testing) <br /> 1. DATE/PARTIES/TITLE. <br /> 1.1. Date. May 2,2008. <br /> 1.2. Parties. <br /> 1.2.1. SAFEWAY INC.,a Delaware corporation(Licensor"), whose address <br /> is 5918 Stoneridge Mall Road,Pleasanton, CA 94588-3229,attention: <br /> Jeffrey Brown,with a copy to the same address,Attn: Real Estate Law <br /> (#6350 Tracy DC),Fax No.(925)467-3224. <br /> 1.2.2. MUSCO OLIVE PRODUCTS,INC.d/b/a Musco Family Olive Co.,a <br /> California corporation("Licensee'),whose address is 17950 Via <br /> Nicolo,Tracy, CA 95377,Attn: Benjamin Hall,Fax No. <br /> 209.836.0518. <br /> 1.2.3. Licensor and Licensee are collectively referred to in this Agreement as <br /> the "Parties". <br /> 2. ARTICLE 11. RECITALS. <br /> 2.1. Property. Licensor is the fee owner of certain real property commonly known <br /> as 16900 West Schulte Road,in the City of Tracy, County of San Joaquin, <br /> State of California,more particularly described on Exhibit "A" attached to and <br /> made a part of this Agreement("Subject Property"). <br /> 42.2. Purpose. Licensee now desires to enter the Subject Property for the purpose of <br /> constructing,monitoring and removing up to 2 pairs of groundwater <br /> monitoring wells(no more than 4 wells total),each with an 8-inch boring with <br /> a 2-inch casing and a 12-inch diameter flush mount cover plate,at the locations <br /> shown on Figure 19 in the locations labeled"Proposed Well Canal Influence" <br /> and"Proposed Well Cluster#2"on Exhibit B attached hereto and made a part <br /> hereof(together,"Testing")as described in the"Work Plan,"as such term is <br /> defined below in Section 4.6. <br /> 2.3. Consultant. Licensee has hired V&W Drilling,to drill and install the wells, <br /> and Kennedy/Jenks Consultants to manage the Testing project. (together, <br /> "Consultant")to quantify mineral constituents and direction of flow in the <br /> groundwater under the Subject Property. <br /> 2.4. Hazardous Materials. As used in this Agreement,the term"Hazardous <br /> Materials"means any hazardous or toxic substance,material or waste, <br /> including without limitation petroleum oil and its fractions as defined by any <br /> federal,state or local law,regulation or ordinance. <br /> 3. ARTICLE M. CONSIDERATION. <br /> 3.1. In consideration of the mutual obligations,representations and promises <br /> contained in this Agreement,the Parties agree as follows: <br /> access agr 2 1 May 16,2008 <br /> #6530 (Groundwater Monitoring Wells) Tracy,CA DC <br />