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i <br /> v FILE *. <br /> strusburger <br /> .,, ATTORNEYS AT LAW <br /> December 20, 2004 <br /> ASHLEY T.KISNER <br /> 214.651.4818 <br /> Direct Fax:214.659.4111 <br /> ashley.kisner@stmsburger.com <br /> VIA FEDERAL EXPRESS <br /> Mr. Charles G. Patmon III <br /> 2301 Cove Court <br /> Stockton, CA 95204 <br /> RE: 7-Eleven Store#14117 <br /> 2725 Country Club Blvd. <br /> Stockton, CA 95204 j <br /> (7-Eleven Property") <br /> Dear Mr. Patmon: <br /> This letter amends and supercedes my two previous letters to you, dated November 22, j <br /> 2004, and December 1, 2004. This letter is written on behalf of 7-Eleven, Inc., f/k/a The <br /> Southland Corporation (7-Eleven"). As you know, 7-Eleven has been required by the i <br /> San Joaquin County Department of Health to undertake additional assessment work on . <br /> the property for which you serve as trustee, located at 2733 Country Club Blvd,, <br /> Stockton, CA (the "Property"). 7-Eleven therefore needs to exercise its right to access <br /> the Property under the access and indemnity agreement signed by you and 7-Eleven on <br /> September 17, 1998, copy attached (the "Agreement"). <br /> As further consideration for 7-Eleven's right to access under the Agreement, the parties <br /> hereby agree as follows: <br /> 1. All borings and any monitoring wells on the Property will be capped 2 to 3 feet <br /> below the surface with compacted, engineered fill material, and repaved with asphalt to <br /> match the existing pavement. The paving work will be performed by a licensed, <br /> professional contractor. The locations of the soil borings are reflected on the site map <br /> previously provided to you under cover of September 20, 2004, correspondence from <br /> Jaff Auchterlonie of SECOR International, Inc.; <br /> i <br /> i <br /> 2. You are anticipating a refinancing of the Property. As a part of that refinancing <br /> process, the parties agree that: <br /> a) 7-Eleven will share with your lender, at no cost to you, non-confidential <br /> environmental reports that reflect the condition of the 7-Eleven Property and any <br /> impact to the Property; <br /> 854499.1/SP2f76088/0440/122004 <br /> Strasburger& Price,LLP <br /> 901 Main Street,Suite 4300 - Dallas,Texas 75202.3794 • 214,651.4300 tet 214.651.4330 fax www.strasburger.com <br /> Austin - Daltas - Houston - San Antonlo - Washington D.C. • Mexico CIU) <br />