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JUL 2 p 1992 � � o�,.,.�0 <br /> DWW <br /> Port of Stockton 4�o.�G�, <br /> R/SERy! H General Offices: P.O. Box 2089, Stockton, CA 95201-2089 <br /> J U L 2 1 1992 (209) 946-0246 / FAX (209) 465-7244 / TELEX 35-9467 <br /> ENVIRONMENTAL HEALTH September 7, 1990 <br /> PERMIT/SERVICES <br /> Mr. Larry Gooden <br /> THE KIESEL COMPANY <br /> 4801 Flyer Avenue <br /> St. Louis, Missouri 63116 <br /> RE: Lease from the Stockton Port District; <br /> Facility Located at Southernmost End of Port Road 21, <br /> Stockton, California (the "Lease") <br /> Dear Mr. Gooden: <br /> We understand from your insurance consultants, Corroon and <br /> Black, that, at this time, you are not able to procure gradual <br /> pollution insurance coverage -as required by Paragraph 9 . 5 (f) of <br /> the Lease by and between the Stockton Port District and The <br /> Kiesel Company which Lease is going before the Board of Port <br /> Commissioners for approval. on September 17, 1990. We understand <br /> that the reason for your -inability to obtain such gradual <br /> pollution insurance coverage is the need for the premises to be <br /> certified as clean by an environmental engineer prior to your <br /> insurer issuing such coverage. As a consequence, you realize <br /> that, at the time the Lease goes into effect and you take <br /> possession of the premises covered thereby, you will be in <br /> technical default thereof under Paragraph 9.5 (f) . In light of <br /> this consequence, you have indicated to,us` that you plan to have <br /> the premises certified clean°'by"An"environmental engineer, :at <br /> your- expense, and obtain the gradual pollution insurance coverage <br /> as soon as possible. <br /> In consideration for- your promise to the Port to use your <br /> best efforts to have the premises certified as clean and to take <br /> whatever steps are necessary, including cleaning the premises of <br /> any existing pollution, if any, to have the premises certified as <br /> clean, in order to obtain the gradual pollution insurance as soon <br /> as possible, but no later than one year from the inception of the <br /> Lease, the Port is, at this time, willing not to declare you in <br /> default of the Lease as a result of your failure to obtain the <br /> insurance required by Paragraph 9.5 (f) thereof. However, this <br /> waiver contained herein shall not be a continuing waiver and the <br /> Port may declare you in default at any time if you have not <br /> obtained the required insurance. Notwithstanding the foregoing, <br /> GENERAL OFFICE: 2201 W. WASHINGTON ST., STOCKTON, SAN JOAQUIN COUNTY, CALIFORNIA <br />