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2ie_osv707 <br />REMOVED <br />JUN 2 5 2008 <br />Site Access Agreement ENVIRONMENT HEALTH <br />PERMIT/SERVICES <br />THIS AGREEMENT ("Agreement") is made and entered into by and between: <br />THE STOCKTON PORT DISTRICT hereinafter referred to as "Owner", and USBG <br />STOCKTON, LLC, hereinafter referred to as "USBG". <br />In consideration of the covenants and conditions set forth herein, as well as all other <br />valuable consideration contained herein, the adequacy and sufficiency of which are hereby <br />acknowledged by the parties, Owner hereby agrees to allow entry and access by USBG, its <br />contractors or subcontractors onto Owner's property located south of 2130 W. Washington Street <br />and containing 6.3 acres of land, for the purposes mentioned above, subject to the terms and <br />conditions set forth below: <br />Site Access <br />1.1 Grant of Access: Purpose <br />Owner grants to USBG, its respective employees, agents, contractors, <br />subcontractors and authorized representatives, the right to test, repair, replace, and <br />remove soil and groundwater, or test soil gas on Owner's Property. Owner also <br />grants to USBG the right to ingress to and egress from Owner's Property for <br />necessary personnel, machinery, and equipment, in furtherance of the purposes <br />stated above. These rights of access are granted for so long as they are required <br />by USBG. <br />Prior Notice of Commencement of Work <br />At least 24 hours prior to the commencement of activities on Owner's Property pursuant <br />to this agreement, USBG and/or its contractors shall provide facsimile and telephone <br />notice to Owner describing the work to be conducted on Owner's Property, the <br />equipment to be used, and the type of access to the property required. <br />Conduct of Operations <br />3.1 No Undue Interference <br />USBG and/or its contractors and subcontractors shall perform all activities on <br />Owner's Property in such a manner as not to unduly interfere with, or disrupt, the <br />normal operation of activities on the property, and so as not to endanger the <br />health, safety, or welfare of employees, agents, clients, tenants, or others present <br />on Owner's Property.