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RIGHT OF ENTRY AGREEMENT <br /> THIS RIGHT OF ENTRY AGREEMENT ("Agreement") dated as September 23`d, 2022 <br /> (the "Effective Date") is entered into by and between the San Joaquin Regional Rail <br /> Commission ("SJRRC"), and Mary Jane Sepulveda, Julian Jr. Sepulveda ("Grantor"). SJRRC <br /> and 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 1024 E. Market Street, <br /> Stockton,CA (APN 15124002) ("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 one (1) soil boring and collect soil for <br /> laboratory analyses. The boring will be drilled to approximately 11 feet below ground surface to <br /> collect soil samples from the 0-1 ft, 3-4 ft, 5-6 ft, and 10-11 ft intervals. The boring will be <br /> plugged with grout according to county/state guidelines. We anticipate two days onsite: one day <br /> to complete utility locates and one day to perform drilling and sampling. Grantor is willing to <br /> grant access to the Property to SJRRC for the purposes of conducting the Work, subject to the <br /> terms and conditions set forth below. <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 /> 1 <br /> OAK#4890-7005-8760 Q <br />