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04/08/02 MON 08:46 FAX 1 916 861 0430 SECOR-SACRAMENTO 2002 CREVRON USA �z5 842 8370 04/03 10 - :15 N0.521 02/04 ACCESS AGTiEEMENT FILE COPY This Access Agmeament(-Agreermont")is entered into by and betwoerr Keil Sonorna Corporation (" nntoe')and Chevron,Products Company,a division of Chevron U,S.A_Inc.,anal Chevron Environmental Management Company,subsidiaries ofChevronToxaco Toc,("Chevron'7. 1. REMALS 1.1 Grantors Owns certain real property located at 3725 Tmcy Blvd.,Tracy,California (the"Property"). Retail service station operations are conducted by Grantee on real property located at 3775 Tracy Blvd,,Tracy,California(the"Service Station Propel'). Motor fuel hydrocarbon corStamination was discovered to be present on fire Service$teflon Property caused by or resulting from the business operations conducted on the Service Station Property(tyre"Contamination"). Gran a is engaged in rernedial activities relating to the Contamination on the Service Station Property_ 12 in cooJuncdon with the assessment and remedial act3vilias being undertaken,by Grantee on the Service Station Property,Grantee desires to access to the Property to perform additional assmnient activities including the taking of soil samples and the installation of monitor well(s)("Wells")as store particularly described in rlte work plan which will be submitted to Grantor for its approval_ The activities described in ibis Soction 1.2 are collectively referred to as(the"Work;'). 1.3 The parties hereto desire to enter into this Agreement to provide Grantee and/or its representatives and contractors with access to the Property for the purpose of performing the Work authorized by this Agreement,and to set Forth tltc parties'rights and obligations to eaoh other in connection therewith. 2. -AGREEMENT 2.1 Grantor hereby grants Grantee or its representatives perrrriss!ort to enter onto dv property for the purpose of performing the Work authorized,by this Agreement, Within ten(10)days from receipt thereof,Grantee sball deliver-to Gretltor copies of all data and reports pertaining to any test,:,readings,or monitrring of the Wells. GrM.or authorizes Grantee or its representatives to release any and all analytical gcotechoical data and site asses9m.ent information obtained during the performance of the Work to appropriate regulatory agencies whit jurisdiction over the Property. Copies of final assessment and remediation reports relating tv the Property and provided to such regulatory agencies shall be provided to Grantor within ten(l0)days from submittal of it to any agency, i 2.2 Grantee shall pay,when due,all claims for labor or muaterials furnished or alleged to have been furnished to or for Grantee at or for use on the Property,which claims are or may be secured by any mechanic's or material men's lien against the Property or any interest therein Grantee Wwl give Grantor not less than test(10)days written,notice prior to commencement of the Worlc,and Grantor shall have the rigbt to post notices of non-responsibility oo the property_ if Grange contests th,e validity of any such lien, allure or demand,titan Grantee shall,at its sole expense defe�d and protect itself,Grantor and the Property against the same.and shall pay and satisfy any such adverse judgment t[tat may be rendered thereon before flee enfarcernemt thereof ! A,cocar Agreement 1 2.23-OMR