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RIGHT OF ENTRY AGREEMENT <br /> THIS RIGHT OF ENTRY AGREEMENT ("Agreement") dated as <br /> , 2022 (the "Effective Date") is entered into by and between the San Joaquin <br /> Regional Rail Commission ("SJRRC"), and Alfonso Ocampo ("Grantor"). SJRRC and <br /> Grantor may each be referred to as a"Party" or collectively as the "Parties." <br /> RECITALS <br /> A. Grantor is the owner of that certain real property located at 1015 E Market St, <br /> Stockton, CA(APN 151-202-09) as more particularly depicted in Exhibit A ("Property"). <br /> B. SJRRC wishes to enter the Property to perform site visits and discussions with <br /> key site managers for environmental investigations, utility investigations, subsurface <br /> explorations, surveys to establish property boundaries and to map utilities, and/or geotechnical <br /> soil borings ("Work") on the Property. <br /> Environmental Site assessment workplan is to drill three soil borings and collect soil and <br /> groundwater for laboratory analyses. Two borings will be drilled to approximately 10 feet below <br /> ground surface to collect soil samples from the 0-5 ft and 5-10 ft intervals. A third boring will be <br /> drilled deeper to reach groundwater. The anticipated depth of the 3rd boring is approximately 40- <br /> 45 feet. A groundwater sample will be collected from this boring along with 2 to 4 soil samples <br /> at various depths. Borings will be plugged with grout according to county/state guidelines. We <br /> anticipate one to two days onsite to complete drilling and sampling. <br /> C. The Parties enter into this Agreement to memorialize the terms by which SJRRC <br /> will enter and use the Property. <br /> AGREEMENT <br /> NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby <br /> acknowledged, the Parties hereby agree as follows: <br /> 1. Incorporation of Recitals. Each of the Recitals in Paragraphs A through C, <br /> inclusive, set forth above is incorporated herein by this reference. <br /> 2. Grant of Right of Entry. By this Agreement, Grantor agrees to allow SJRRC <br /> and its employees, agents, consultants, engineers, material suppliers, contractors, subcontractors <br /> and all other persons and entities performing any part of the Work(collectively, "Permittees") <br /> to enter the Property for the purpose of completing the Work. SJRRC will undertake and <br /> perform the Work in a diligent manner and will perform the Work in a manner so as to cause the <br /> least disturbance with Grantor's use of the Property. The date and time for the Work will occur <br /> based on agreements between the Grantor and Permittees. <br /> 3. Term. SJRRC shall complete the Work within the timeframes stated in Section <br /> B, or within such longer period as may be mutually agreed upon by the Parties in writing. <br /> 1 <br /> OAK#4890-7005-8760 v2 <br />