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4- <br />i {� <br />IN, WFGiS, D�NATALE, HALL <br />ANTHONY J. KLEIN MAHISA S. VIDAUHRETA GOLDNER & MUIR <br />RA4PH 8. WEGIS BARRY E. HOSENRFRG'• <br />_ <br />THOMAS V. DENATALE, JR, KIRK S- TRACEY LAWYERS <br />it <br />JOHN C. HALL JOHN M. PERISICH A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS <br />GREGORY A. MUIR MANNING w. PUETTE'•• ARCO TOWER ?P <br />BARRY L. GOLDNEA CHRISTOPHER P. BURGER �f <br />J. L. ROSENLIEB CAROL J. KERN 4550 CALIFORNIA AVENUE, SECOND FLOOR <br />- <br />ROBERT A. KRONICK PHILIPPE C. COLEMAN $iF'RSP'TELj], (,A 9$$09 <br />DAVID J. COOPER KEVIN C. FIND4EY <br />SANTA ANA OFFICE <br />CLAUDE P. KIMBALL CAROL J. GROGAN MAILING ADDRESS: <br />PARK TOWER -SUITE e/p <br />LAURENCE G. HALO LISA A, RYDER <br />F?O. BOX 11172 <br />206 WEST SANTA ANA BOULEVARD <br />DENISE MARTINMICHAEL E. HVRIE <br />SANTA ANA, CA 82701 <br />DAVID L. SAINC- JOSE R. BENAVIDES BAKERSFIELD, CA 943389-1172 �I - <br />Ih - <br />WILL H. SLOCUMB MICHAEL 5. ASRIL <br />(714) 285-0711 <br />(805) 395-1000 <br />NED E. DUNPHY 6 <br />FAX (714) 285-9 13 <br />.UNITED STATES (900) 221-8537 <br />KEN W15EMAN CALIFORNIA (800) 221-8538 �E <br />CHIEF OPERATING OFFICER - FAX ($05) 326-0418 <br />TTFO TO COLORADO I�- <br />AOMI00 BAH <br />.:ALSO <br />AL30 ADMITTED TO NEW YORK AND DISTRICT OF COLUMBIA BARS <br />---ALSO ADMITTED TO NORTH CAROLINA BAR <br />_1 <br />February 25, 1994 <br />I�... <br />Ms. Mary Meays <br />I <br />Environmental Health division <br />`_ <br />San Joaquin County Public Health Services <br />P.O. Box 2009' <br />- - <br />Stockton, CA 95201 <br />RE: Beacon Station No. 6101 <br />"== <br />3300 Waterloo Road, Stockton, CAr <br />Dear Mary: f: <br />Please refer to Mr. Kenneth R. Earnest's letter to you dated •February 16, 1994 (copy <br />attached) in which he stated that there had been shared responsibility for assessment and /or <br />remediation at the above referenced site between his company, Ultramar, Inc. and my clients, <br />Quentin and Claire Kirsch, the landowners. Additionally, he stated that Ultramar was <br />scheduling a meeting with my clients to discuss the responsibility of each parry for future work <br />at the site. <br />The purpose of this letter is to alert you that priortothe tank replacement at the site, my <br />clients entered into an Agreement For Tank Replacement"'Land "Amendment To Lease" with <br />Ultramar, both documents being dated October 6, 1993, which significantly modified their prior <br />relationship as Lessor and Lessee. As a result of these agreements; my clients do not agree that <br />there is any shared responsibility for future assessment and/or remediation of the site as a result <br />of the tank closure and over -excavation that was conducted by Ultramar's consultants at <br />Ultramar's sole direction and control, on or about October 14, 49.93. <br />Although we recognize that you and your agency do not'::arbitrate or resolve disputes <br />between the various parties who have ownership or operationai'1 responsibility at a site, we <br />wanted to make sure that you were aware of our disagreement as; to the position taken in <br />Mr. Earnest's letter. i; <br />