CORRESPONDENCE_2001-2002 - Laserfiche WebLink

Home Browse Search

FORMER LYNCH ILLEGAL DISPOSAL SITE RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ("Agreement") is made and entered into as of this day of July, 2002, by and among the CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (the "CIWMB") and the SAN JOAQUIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT ("SJEHD") and DELTA FUNDING, L.P., a California limited partnership("DELTA FUNDING"). WHEREAS, DELTA FUNDING, as the result of its foreclosure of a real estate loan and a subsequent trustee's sale, now holds title to that certain real property described by SJEHD as the Leonard Lynch Illegal Disposal Property (APN 249-060-13), located at 23023 S. Santa Fe Road, Riverbank, California(the "Property"); WHEREAS, DELTA FUNDING never operated or permitted anyone else to operate a waste disposal facility at the Property and desires to cooperate with the CIWMB and SJEHD in the CIWMB's subsurface investigation of buried waste at the Property; WHEREAS, the CIWMB and SJEHD believe that the subsurface waste that remains on the Property from previous solid waste disposal operations may constitute hazards to public health and safety and the'environment; WHEREAS, the CIWMB and SJEHD have identified the Property as a Codisposal Site and the CIWMB and SJEHD desire to conduct a subsurface site investigation, including, but not limited to, sampling of the buried waste, under the State's Solid Waste Disposal and Codisposal Property Cleanup Program (Public Resources Code sections 48020- 48028). NOW, THEREFORE, in consideration of the mutual obligations, representations, and promises contained in this Agreement, the CIWMB, SJEHD, and DELTA FUNDING hereby agree as follows: 1. DELTA FUNDING hereby grants to the CIWMB and to SJEHD, and each of them, including their agents, employees, and contractors, the right to enter upon the Property for the purpose of investigating the nature and extent of the subsurface waste at the Property, including, but not limited to sampling the waste to further characterize its chemical and physical properties. 2. The CIWMB and SJEHD, and each of them, shall perform such investigation and any monitoring or cleanup activities in a manner and at times that will not unreasonably interfere with DELTA FUNDING'S ownership of the Property. 3. DELTA FUNDING shall be advised of the proposed placement of any monitoring or remediation device or system prior to placement of any such device or system on the Property or as reasonably after such placement as practicable, so long as such placement is consistent with and/or conforms to applicable regulatory requirements.