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ACCESS AGREEMENT <br /> Anita Cassidy, owner of the real property at 146 N. Airport Way, Manteca, California, San <br /> Joaquin County, APN #200-140-11, (the "Site"), hereby grants permission to the Central Valley <br /> Regional Water Quality Control Board ("Central Valley Water Board"), and its agents, <br /> employees, contractors, consultants, representatives, and invitees, including the agents and <br /> employees of other state agencies consulting with the Central Valley Water Board on this Site, <br /> to enter onto the Site for the purposes of conducting the Activities defined below. <br /> "Activities" shall mean all of the actions necessary to execute necessary investigation <br /> and/or remedial actions to address the unauthorized release of petroleum products at the Site. <br /> "Activities" shall also include all necessary follow-up inspections of the work, periodic monitoring <br /> of temporary monitoring points (e.g. vapor or groundwater monitoring wells), maintenance of <br /> any remedial system installed, and all additional work necessary to evaluate the effectiveness <br /> of the remedial actions performed. <br /> Pursuant to Water Code section 13304(b)(2), the Central Valley Water Board and its <br /> agents, contractors, and consultants will be developing and implementing site investigation and <br /> remedial actions at the Site to address the unauthorized release of petroleum products at <br /> the Site. To carry out this objective, Anita Cassidy agrees to allow reasonable access to the <br /> Site as necessary for the performance of the Activities described above and to not interfere with <br /> the work at the Site (See attached Proposed Monitoring Well Location Map 146 N. Airport Way). <br /> Anita Cassidy and her heirs, assigns, personal representatives and/or estate understand that the <br /> Central Valley Water Board may, for whatever reason, including lack of available funds, <br /> discontinue Activities at the Site at any time. Anita Cassidy and her heirs, assigns, personal <br /> representatives and/or estate agree to hold the Central Valley Water Board harmless for any <br /> act, excepting those attributable to gross negligence or intentional misconduct, that are <br /> reasonably related to the Activities at the Site and that result in the loss of value, or restrictions <br /> on the use of, the Site. The Central Valley Water Board and/or its agents, contractors, and <br /> consultants agree to exercise due care when engaging in Activities at the Site. "Due care" shall <br /> mean that the Central Valley Water Board and/or its agents, contractors, and consultants shall <br /> take all precautions with respect to a particular waste that a similarly situated reasonable and <br /> prudent person would have taken, in light of all known relevant facts and circumstances. <br /> The grant of access inthis agreement shall terminate upon the Central Valley Water <br /> Board's discontinuation of Activities at the Site or three years from the effective date of this <br /> agreement,whichever is sooner. <br /> This agreement may be amended or modified only by a written instrument executed by Anita <br /> Cassidy and the Central Valley Water Board's staff, or their authorized representative. <br /> By: OWNER NAME <br /> Date: / <br /> By: Central Valley Water Board's staff <br /> Central Valley Water Board <br /> Date: f� <br /> J <br /> r <br /> i <br />