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Ultramar <br />Ultramar Inc. <br />P.O. Box 488 <br />525 W. Third Street <br />Hanford, CA 93232-0466 <br />(209) 582-0241 <br />i <br />PM-11411'fF-RVICC a <br />$ til l'i 1 i!P Telecopy: 209-584-fiii3 Credit &Wholesale <br />209-583-3330 Administrative <br />j 209-583-3302 Information Services <br />_ i,� 209-583-3358 Accounting <br />March 8, 1 <br />it <br />Mr. Mel Ehrlich it j I <br />Klein, Wegis, DeNatale, et al. <br />4550 C.alifoinia -Aver ae; 2-nd' FL. =" ... :. � • -- �-- _J .� , _ ,y,r., -�. <br />Bakersfield, CA 93309 <br />II <br />Re: 3300 Waterloo Road <br />Stockton, California <br />Dear Mel: dl <br />I am writing in regards to your letter dated February 18, 1994, which I received on <br />February 28, 1994, and your letter dated February 25, 1994, to the County of San Joaquin <br />Public Health Service, Environmental Division ("County"}, concerning the additional <br />environmental work that the County is requiring to be performed by March 15, 1994, with <br />respect to the above referenced property. !l <br />Upon thorough review of your letters, the Agreement for Tank Replacement <br />("Agreement") dated October 6, 1993, the Amendment to Lease ("Amendment") dated <br />October 6, 1993, and the facts and circumstances underlying the continued dispute over the <br />apportionment of responsibility for the environmental condition of the subject property <br />between your clients, the Kirsches, and Ultramar, I must respectfully disagree with your <br />assertions.that.by.entering into the aforementioned agreements Ultramar assumed <br />responsibility for the condition of the property with respect ta�past contamination which �4 , <br />predates the Agreement, the Amendment and its involvement with the property, and agreed t <br />to indemnify your clients for costs associated with remediating the effects past j <br />contamination has had on the property. Moreover, I feel compelled to set the record <br />straight with respect to various mischaracterizations and,misinerpretations of the <br />agreements which are interspersed throughout your letter h <br />If I understand the position you have taken on behalf of your clients correctly, you <br />insist that Ultramar under both the Agreement and the Amendment, is responsible to f <br />indemnify and hold your clients harmless from any Ii, costs or losses resulting from <br />\wP51W,NVRNfu N 1)000.SW LTR <br />;I <br />ff i <br />BEACON <br />1 A Member of the Ultramar Group of Companies i` #I Qua1litr and Service <br />UfKamar <br />IN II <br />F — <br />\wPS 1 WN V RNMNT)P005 W.LT R <br />