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V *ago <br />. _nili�r <br />Ultramar = <br />Ultramar Inc. S 1AR I u F Telecopy: 209-584-6113 Credit & Wholesale <br />P.O. Box 466 209-583-3330 Administrative <br />525 W. Third Street 209-583-3302 Information Services <br />Hanford, CA 93232-0466 209-583-3358 Accounting <br />(209) 582-0241 <br />March 8, 1994 <br />Mr. Mel Ehrlich <br />Klein, Wegis, DeNatale, et al. <br />4550 California Avenge, 2nd FL,-. <br />Bakersfield, CA 93309 <br />Re: 3300 Waterloo Road <br />Stockton, California <br />Dear Mel: <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. <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 to past contamination which <br />predates the Agreement, the Amendment and its involvement with the property, and agreed <br />to indemnify your clients for costs associated with remediating the effects past <br />contamination has had on the property. Moreover, I feel compelled to set the record <br />straight with respect to various mischaracterizations and misinterpretations of the <br />agreements which are interspersed throughout your letter <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 <br />indemnify and hold your clients harmless from any claims, costs or losses resulting from <br />WP51WNVRNMNT W5WLTR <br />BEACON <br />A Member of the Ultramar Group of Companies #1 Qnali[y and Service <br />