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r� <br /> ACCESS AGREEMENT BETWEEN <br /> PHOENIX LODGE AND ARCO PRODUCTS COMPANY <br /> THIS ACCESS AGREEMENT is made as of , 1995 (this "Agreement"), by and <br /> between Phoenix Lodge, hereinafter referred to as "Grantor" and ARCO Products Company, a <br /> division of Atlantic Richfield Company, hereinafter referred to as "Grantee " <br /> 1 RECITALS <br /> 1 1 Grantor owns certain real property located at 3511 North Tracy Boulevard (the <br /> „property") <br /> 12 Grantee desires to drill on a portion of the Property borehole(s) (the "Boreholes") and <br /> groundwater monitoring well(s) (the "Wells") and to perform assessment and other related work on <br /> the Property as required by or in accordance with applicable environmental laws and regulations, or <br /> as required by or acceptable to those regulatory agencies exercising appropriate jurisdiction <br /> (collectively, the "Work") <br /> 1 3 The parties desire to enter into this Agreement to allow Grantee to install said Boreholes <br /> and Wells on the Property and to provide access to the Property to Grantee or its representatives for <br /> the purpose of performing the Work authorized by this Agreement <br /> 2 AGREEMENT <br /> In consideration of the above and the mutual covenants and agreements herein, the parties agree as <br /> follows <br /> 2 1 Grantor hereby grants Grantee or its representatives permission to enter onto the Property <br /> for the purpose of performing the Work authorized by this Agreement Grantor authorizes Grantee <br /> or its representatives to release any and all analytical geotechnical data and site assessment <br /> information obtained during the performance of the Work to appropriate government agencies <br /> Copies of final assessment and remediation reports pertinent to the Property and provided to such <br /> agencies shall also be provided to Grantor <br /> 2 2 Grantee shall not permit any liens to stand against the Property for the Work done or <br /> materials furnished to Grantee, and Grantee shall indemnify, defend and save Grantor harmless <br /> from any such liens for the Work performed under this Agreement <br /> 2 3 If the surface of the Property or any improvements thereon shall be disturbed by the <br /> Work, then, upon completion of Work, the surface or improvements shall be promptly restored by <br /> Grantee to its condition dust prior to such disturbance <br /> 2 4 Grantee shall, after the Boreholes or Wells are no longer useful to the investigation, <br /> . backfill or close out such Boreholes or Wells according to applicable standards <br />