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II. BACKGROUND AND FINDINGS OF FACT <br />2.1. ownership. The Site which is the subject of this <br />Agreement is presently owned by Bay Associates. Jefferey <br />Heitman, the Court appointed receiver is the primary contact. <br />His address is Property Management Experts, 7808 Kelley Drive, <br />Suite D, Stockton, California, 95207; telephone number <br />(209). 474-0401. The Site is located at 140 and 152 Frank West <br />Circle, Stockton, California. The Site assigned Assessor's <br />Parcel B by San Joaquin County. The legal description of the <br />Site is: <br />Being portions of Sections 12 and 13 C.M. Weber grant <br />according to the official plat thereof, more particularly <br />described as follow; Parcel B as shown upon map recorded <br />June 3, 1981 in book of parcel maps, Vol. 10, Page 61, <br />San Joaquin County records. <br />2.2. Substances Found at the Site. Reports, containing the <br />results of environmental media sampling conducted at the Site, <br />indicate that the soil is contaminated with hazardous substances, <br />including copper. <br />III. AGREEMENT <br />3. IT IS HEREBY AGREED THAT Parties to this Agreement <br />shall conduct the following response activities in accordance <br />with a schedule to be approved by DTSC. All work shall be <br />performed consistent with Health and Safety Code (H&SC) Section <br />25300 et seq., as amended, the National Contingency Plan (40 Code <br />of Federal Regulations (CFR) Part 300), as amended, and U.S. EPA <br />and DTSC Superfund guidance regarding site investigation and <br />remediation; H&SC Section 25200 et seq., and related regulations <br />regarding hazardous waste management; and as follows: <br />3.1. Preliminary Endangerment Assessment (PEA). Project <br />Proponent shall conduct an investigation to: <br />a. Determine the existence and extent of a release or <br />threatened release of hazardous substances at the site; <br />b. Identify the potential threat to human health and the <br />environment posed by the hazardous substances; <br />`A <br />