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DAR PETRO , INC . <br /> ^ _f _ • I(� ; 51 P.O. BOX 1496 • WEST SACRAMENTO, CA95691 <br /> _ AREA CODE 916 . 371 -8241 <br /> October 9, 1995 <br /> P. Jerold Walsh <br /> COX, CASTLE & NICHOLSON <br /> 19800 Macarthur Boulevard, Suite 600 <br /> Irvine, California 92715=2435 <br /> Re: Access Agreement (CC&N Doc. #26209001 .B1) <br /> Dear Mr. Walsh: <br /> As per our telephone conversation on this date, I will provide you with comments and <br /> recommendations on your proposed access agreement based on the recommendations of our <br /> technical people and our operations manager. I submitted a copy of the agreement to John <br /> Cussen of California Geophysical Group, Inc. for his comments and am including a copy of his <br /> letter back to me for your information. <br /> To begin with, in paragraph 2. , the sentence "Darpetro shall not submit any soil removed <br /> from the excavation(s) or collected from the Premises to any scientific or engineering testing <br /> without the prior written approval of Pep Boys. " Perhaps you know the reason for this <br /> requirement, it escapes me. We are being directed to perform the investigation by the San <br /> Joaquin County Public Health Services. They are the ones interested in the results and I really <br /> don't think that they are interested in whether or not Pep Boys approve or disapprove of how or <br /> when the soil or water samples are tested. However, this is a point that you can iron out with the <br /> County. If the County turns over the authority of having the samples tested to Pep Boys, that's <br /> fine with us, but again, its not entirely rational. <br /> In paragraph 5 . you state, "Darpetro shall locate the Well and the Borings in a manner so <br /> as not to interfere with the use and occupancy by Pep Boys of the Premises. " It is my <br /> understanding that the well and borings will be placed upon engineering principles in order to <br /> locate possible contamination. It is also my understanding that both the well and the borings are <br /> to be located in the parking lot area. I would feel more comfortable with the phrase, " . . . not to <br /> unreasonably interfere with the use . . . " In that vein, I have no idea of what future use Pep Boys <br /> has planned for their parking lot, but it doesn't make much sense to require Darpetro to move the <br />