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r <br /> LETTER OFOMMITMENT FOR REMOURSENST OF COSTS <br /> CLAIM NO: 009209 AMENDMENT NO: 0 <br /> CLAIMANT: FlagCity,L.P. BALANCE FORWARD: $0 <br /> ' CO-PAYEE: None <br /> JOINT CLAIMAINT: Bokides Family L.P. <br /> THIS AMOUNT: $40,000 <br /> Riddle & Isola <br /> Michelle Mateo NEW BALANCE: $40,000 <br /> CLAIMANT ADDRESS: 7488 Shoreline Drive, Ste. B-1 <br /> Stockton CA 95219 <br /> TAX ID/SSA NO: 68-0308984 (Flag City); 68-0339182 (Bokides Family L.P.) <br /> Subject to availability of funds, the State Water Resources Control Board (SWRCB) agrees to reimburse Flag <br /> City.L.P. (Claimant) for eligible corrective action costs at Saddle City Chevron 6421 Paddock PI., Lodi, CA 95242 <br /> (Site). The commitment reflected by this Letter is subject to all of the following terms and conditions: <br /> 1. Reimbursement shall not exceed $40,000 unless this amount is subsequently modified in writing by an <br /> amended Letter of Commitment. <br /> 2. The obligation to pay any sum under this Letter of Commitment is contingent upon availability of funds. In <br /> the event that sufficient funds are not available for reasons beyond the reasonable control of the SWRCB, the <br /> SWRCB shall not be obligated to make any disbursements hereunder. If any disbursements otherwise due <br /> under this Letter of Commitment are deferred because of unavailability of funds, such disbursements will <br /> promptly be made when sufficient funds do become available. Nothing herein.shall be construed to provide <br /> the Claimant with a right of priority for d4girsement over any other claimant who has a similar Letter of <br /> Commitment. <br /> 3. All costs for which reimbursement is sought must be eligible for reimbursement and the Claimant must be the <br /> person entitled to reimbursement thereof. <br /> 4. Claimant must at all times be in compliance with all applicable state laws, rules and regulations and with all <br /> terms, conditions, and commitments contained in the Claimant's Application and any supporting documents or <br /> in any payment requests submitted by the Claimant. <br /> 5. No disbursement under this Letter of Commitment will be made except upon receipt of acceptable Standard <br /> Form Payment Requests duly executed by or on behalf of the Claimant. All Payment Requests must be <br /> executed by the Claimant or a duly authorized representative who has been approved by the Division of Clean <br /> Water Programs. <br /> 6. Any and all disbursements payable under this Letter of Commitment may be withheld if the Claimant is not in <br /> compliance with the provisions of Paragraph 5 above. <br /> 7. Neither this Letter of Commitment nor any right thereunder is assignable by the Claimant without the written <br /> consent of the SWRCB. In the event of any such assignment, the rights of the assignee shall be subject to all <br /> terms and conditions set forth in this Letter of Commitment and the SWRCB's consent. <br /> 8. This Letter of Commitment may be withdrawn at any time by the SWRCB if completion of corrective action is <br /> not performed with reasonable diligence. <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the SWRCB this _ <br /> 13th day of October, 1995. <br /> STATE WATER RESOURCES CONTROL BOARD <br /> STATE USE: <br /> BY f CALSTARS CODING: <br /> Man er, Underground Storage Tank Cleanup Fund Program 0550-559.02-30530 <br /> S <br /> BY /�7 A-- <br /> Chief, Division Administrative Services R:3i24194 <br />