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LETTER OF COInvHTMENT FOR REIMBURSLAENT OF COSTS <br /> CLAIM NO : 000552 AMENDMENT NO : 0 <br /> CLAIMANT : Nomellini Construction Co . , Inc . BALANCE FORWARD : $ 0 <br /> CO—PAYEE : None <br /> THIS AMOUNT : $100 , 000 . 00 <br /> CLAIMANT ADDRESS : P . O . Box 1528 <br /> Stockton , CA 95201 NEW BALANCE : $100 , 000 . 00 <br /> TAX ID SSA NO . 94 -1133702 <br /> Subject to availability of funds, the State Water Resources Control Board (State Board) agrees to reimburse Nomellini <br /> Construction Company. Inc. (Claimant) for eligible corrective action costs at 939 & 1045 West Charter Way, Stockton, CA <br /> 95206 (Site). The commitment reflected by this Letter is subject to all of the following terms and conditions: <br /> 1 . Reimbursement shall not exceed $ 100 ,000 .00 unless this amount is subsequently modified in writing by an amended <br /> Letter of Commitment. <br /> 2 . The obligation to pay any sum under this Letter of Commitment is contingent upon availability of funds. In the event <br /> that sufficient funds are not available for reasons beyond the reasonable control of the State Board , the State Board <br /> shall not be obligated to make any disbursements hereunder. If any disbursements otherwise due under this Letter of <br /> Commitment are deferred because of unavailability of funds, such disbursements will promptly be made when <br /> sufficient funds do become available. Nothing herein shall be construed to provide the Claimant with a right of priority <br /> for disbursement over any other claimant who has a similar Letter of Commitment. <br /> 3 . Unless modified in writing by the State Board, this Letter of Commitment covers work through Phase 11 of corrective <br /> action work. <br /> 4. All costs for which reimbursement is sought must be eligible for reimbursement and the Claimant must be the person <br /> rI entitled to reimbursement thereof. <br /> P. <br /> i! 5 . Claimant must at all times be in compliance with all applicable state laws, rules and regulations and with all terms, - <br /> conditions, and commitments contained in the Claimant's Application and any supporting documents or in any payment <br /> requests submitted by the Claimant. <br /> 6 . No disbursement under this Letter of Commitment will be made except upon receipt of acceptable Standard Form <br /> Payment Requests duly executed by or on behalf of the Claimant. All Payment Requests must be executed by the <br /> Claimant or a duly authorized representative who has been approved by the Division of Clean Water Programs , <br /> 7 . Any and all disbursements payable under this Letter of Commitment may be withheld if the Claimant is not in <br /> j compliance with the provisions of Paragraph 5 above. <br /> i <br /> 8 . Neither this Letter of Commitment nor any right thereunder is assignable by the Claimant without the written consent <br /> of the State Board . In the event of any such assignment, the rights of the assignee shall be subject to all terms and <br /> conditions set forth in this Letter of Commitment and the State Board's consent. <br /> 9 . This Letter of Commitment may be withdrawn at any time by the State Board if completion of corrective action is not <br /> performed with reasonable diligence . <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the State Board this 14 day of October 19 93 . <br /> STATE WATER RESOURCES CONTROL BOARD STATE USE : <br /> ��� CALSTARS CODING : <br /> BY / F""' 550 - 569.02 - 30530 <br /> ager, U e g upd Storag Tank Cleanup Fund Program <br /> C of Division Administ 've Services <br />