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LETTER OF ('aMMITMENT FOR REIMBURSENONT OF COSTS <br /> CLAIM NO: 008531 AMENDMENT NO: 0 <br /> CLAIMANT: HERMAN & HELEN'S MARINA <br /> BALANCE FORWARD : $0 <br /> CO-PAYEE: NONE <br /> THIS AMOUNT: $10,000 <br /> JOINT CLAIMANT: NONE <br /> NEW BALANCE : $10,000 <br /> DAVE SMITH <br /> CLAIMANT ADDRESS : VENICE ISLAND FERRY <br /> STOCKTON, CA 95219 <br /> TAX ID/SSA NO: 94-2464408 <br /> Subject to availability of funds, the State Water Resources Control Board (sWRCB) <br /> agrees to reimburse HERMAN & HELEN'S MARINA (Claimant) for eligible corrective action <br /> costs at HERMAN & HELEN'S MARINA, VENICE ISLAND FERRY, STOCKTON, CA 95219 (Site) . The <br /> commitment reflected by this Letter is subject to all of the following terms and <br /> conditions: <br /> 1. Reimbursement shall not exceed $10.000 unless this amount is subsequently modified <br /> in writing by an amended Letter of Commitment. <br /> 2. The obligation to pay any sum under this Letter of Commitment is contingent upon <br /> availability of funds. In the event that sufficient funds are not available for <br /> reasons beyond the reasonable control of the SWRCB,. the SWRCB shall not be <br /> obligated to make any disbursements hereunder. If any disbursements otherwise due <br /> under this Letter of Commitment are deferred because of unavailability of funds, <br /> such disbursements will promptly be made when sufficient funds do become available. <br /> Nothing herein shall be construed to provide the Claimant with a right of priority <br /> for disbursement over any other claimant who has a similar Letter of Commitment. <br /> 3 . All costs for which reimbursement is sought must be eligible for reimbursement and <br /> the Claimant must be the person entitled to reimbursement thereof. <br /> 4. Claimant must at all times be in compliance with all applicable state laws, rules <br /> and regulations and with all terms, conditions, and commitments contained in the <br /> Claimant's Application and any supporting documents or in any payment requests <br /> submitted by the Claimant. <br /> 5. No disbursement under this Letter of Commitment will be made except upon receipt of <br /> acceptable Standard Form Payment Requests duly executed by or on behalf of the <br /> Claimant. All Payment Requests must be executed by the Claimant or a duly <br /> authorized representative who has been approved by the Division of Clean Water <br /> Programs. <br /> 6. Any and all disbursements payable under this Letter of Commitment may be withheld <br /> if the Claimant is not in compliance with the provisions of Paragraph 5 above. <br /> 7. Neither this Letter of Commitment nor any right thereunder is assignable by the <br /> Claimant without the written consent of the SWRCB. In the event of any such <br /> assignment, the rights of the assignee shall be subject to all terms and conditions <br /> 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 <br /> of corrective action is not performed with reasonable diligence. <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the SWRCB this <br /> JiLt day of July, 1996. <br /> STATE WAC RESOURCES NT L BOARD <br /> STA TE USE: <br /> $�Y- CgfSTgRSCODING: <br /> J(� Manager, Und 711groiind Storage Tank Cleanup Fund Program 0550-569.02-30530 <br /> 5 <br /> BYBY <br /> Chief, Division Administrative Services RX24194 <br />