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Ralston states that all wells, other than MW-3A, have now been monitored for <br /> two years with non-detect results. Well MW-3A has now had four quarters of <br /> documented non-detect results. Based on that fact, Ralston will be requesting <br /> closure from the CSWRCB and approval for removal of well MW-3A. The <br /> presence of MW-3A will not be an impairment to your site development as it will <br /> either be demolished, or relocated to a non-intrusive area should there be a <br /> need. <br /> You state that Unocal is default of Lease provisions in regards to site <br /> remediation. That which you cite from page 13 of the 2nd Mod. of Lease must <br /> not be quoted out of contex but be considered in its entirity. That which you <br /> reference reads, starting on page 12: <br /> In the event any ongoing monitoring of the site will be required by governmental <br /> authorities with jurisdiction over the remediation provided that such monitoring <br /> will not interfere with Lessor's plans or use of the site, Lessor and Lessee shall <br /> enter into a License Agreement, without monetary consideration, provided such <br /> monitoring will not interfere with Lessor's plan or use of the site, to conduct such <br /> monitoring. <br /> The remediation of the site.shall be deemed completed when Lessee remediates <br /> the referenced contamination to existing acceptable levels set by all appropriate <br /> authorities. Lessee shall provide Lessor with proper sign-offs and clearances <br /> from all federal, state and local governmental agencies or political subdivisions <br /> with jurisdiction, providing that the condition of the Real Property is satisfactory if <br /> said sign-offs and clearances are available and provided by said agencies. <br /> Otherwise, Lessee shall remediate the Real property to such a condition so that <br /> it can be returned to Lessor in the condition existing prior to the introduction of <br /> any such Hazardous Material to the Real Property. <br /> Unocal has complied with those terms_by; <br /> • Remediating soils to acceptable agency levels and obtaining Closure <br /> • Providing you with sign-offs from the appropriate agency <br /> • Having agreed to and providing a License Agreement for monitoring <br /> • Not interfering with current site plans or development <br /> • Remediating site to the pre-existing conditions <br /> Unocal is and will remain a responsible corporate citizen. We have performed <br /> our Lease obligations under the supervision of and in compliance with the <br /> governing agencies. <br /> The Lease Cancellation effected October 15, 1994 was done in accordance with <br /> Lease terms and remains valid. Lease payments were terminated with the <br /> cancellation, leaving no payments in arrears. Unocal has enjoyed, just as you, <br />