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DUP�TATE 0 R I G i NAL(-) <br /> �- <br /> PAYMENT <br /> SITE ACCESS_REMEDIATION AND INDEMNITY AGREEMENT ECEivu) <br /> MAY 10 r9r; <br /> � SAS}JOAQW."', ,:,.ry <br /> THIS SITE ACCESS, REMEDIATION AND NDEMNITY AGREEMEftLIC Nrh,i <: :,'., .,' . <br /> ("Agreement") is entered into as of l� , 1995, byENWWaN EN+m.MrAL i <br /> between Union Oil Company' of California, a California corporation <br /> ("Unocal.") and Wells Fargo Bank, N.A. , a national banking <br /> association ("Wells Fargo") . <br /> R E C I T A L S <br /> A. This Agreement concerns propety located at 1034 Central <br /> Avenue, Tracy, California, as describe on Exhibit A attached <br /> hereto (the "Property") . Wells­ Fafgo - s the owner of the <br /> Property. - Bank of America purchased ttie Property from Unocal in <br /> or about 1962 . Crocker Bank purchased the Property from Bank of <br /> America and Wells Fargo acquired it from Crocker Bank as part of <br /> a merger in.-1985. <br /> B. From approximately 1920 until 1962 Unocal operated a <br /> gasoline service station ("Station") op the Property, and <br /> installed and maintained thereon under round storage tanks _ <br /> ("USTs") and fuel dispensing pumps, piping and associated <br /> equipment (collectively, "Equipment") . <br /> C. In or about January 1994, in connection with Wells <br /> Fargo's attempt .to sell the Property, the environmental <br /> consulting firm of L.M. Swift ("Swift") conducted a Phase I <br /> Environmental Site Assessment. Swift's Phase I Environmental <br /> Site Assessment Report- dated January 81, 1994 ("Phase I Report") - <br /> disclosed the prior existence of Unoc_ ai's Station on the <br /> Property. ='Swift ,conducted a limited subsurface investigation in <br /> or about March 1994 .and reported the r,sults thereof in its Phase <br /> d <br /> I Report, Addendum 11 dateMarch 29, 1994 ("Phase I Addendumill <br /> D. The Phase I'`Addendum disclose the existence of <br /> petroleum hydrocarbon soil and groundwater contamination at the <br /> Property in the vicinity of the USTs and former locations of the <br /> Equipment and elsewhere on the Property ("Contamination":) . <br /> E. The San Joaquin County Public Health Services, <br /> Environmental Health Division. ("EHD") y letters dated July 7, <br /> 1994 and August -.29, 1994 identified UnoQcal as a responsible party. <br /> with respect to the Contamination and directed Unocal to submit a <br /> work plan for investigation of the contamination on or before <br /> October 7, 1994, <br /> F. Wells Fargo has denied any responsibility for the <br /> Contamination on .the grounds that its only activity on the <br /> Property has been the operation of a bank and that it has never <br /> owned, operated or permitted the use on the Property of any <br /> equipment or substance which could have caused the Contamination. <br /> f c\u\rns��+e11s\IfCCes�6.023 ' <br /> (A fill-, <br />