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RIGHT OF ENTRY AGREEMENT THIS RIGHT OF ENTRY AGREEMENT ("Agreement") dated as 2022 (the "Effective Date") is entered into by and between the San Joaquin Regional Rail Commission ("SJRRC"), and Kenneth D. Horton ("Grantor"). SJRRC and Grantor may each be referred to as a"Party" or collectively as the "Parties." RECITALS A. Grantor is the owner of that certain real property located at 1020 E Dr. Martin Luther King Jr.Blvd, Stockton, CA(APN 16902004)as more particularly depicted in Exhibit A ("Property"). B. SJRRC wishes to enter the Property to perform site visits and discussions with key site managers for environmental investigations, utility investigations, subsurface explorations, surveys to establish property boundaries and to map utilities, and/or geotechnical soil borings ("Work")on the Property. Environmental Site assessment workplan is to drill two soil borings and collect soil and groundwater for laboratory analyses. One boring will be drilled to approximately 10 feet below ground surface to collect soil samples from the 0-5 It and 5-10 ft intervals. A second boring will be drilled deeper to reach groundwater. The anticipated depth of the 2nd boring is approximately 35-40 feet. A groundwater sample will be collected from this boring along with 2 to 4 soil samples at various depths. Both borings will be plugged with grout according to county/state guidelines. We anticipate one to two days onsite to complete drilling and sampling. Geotechnical work will include one (1) Cone Penetrometer Tests (CPTs) to a depth 130 feet located near the northern end of the property. The diameter of the hole will be approximately 2- inches. Upon completion of the exploration,the hole will be backfilled with cement grout in accordance with San Joaquin County Environmental Health Department(SJCEHD) requirements. The total amount of time on site is anticipated to be about 6 to 7 hours. Grantor is willing to grant access to the Property to SJRRC for the purposes of conducting the Work, subject to the terms and conditions set forth below. C. The Parties enter into this Agreement to memorialize the terms by which SJRRC will enter and use the Property. AGREEMENT NOW,THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the Parties hereby agree as follows: L Incorporation of Recitals. Each of the Recitals in Paragraphs A through C, inclusive, set forth above is incorporated herein by this reference. 1 SJRRC Right of Entry-Stockton Diamond Grade Separation