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•'"�C'dfn"cc hof a"'t <br /> FREEMAN & BROWN <br /> Mr. Richard Archbold <br /> July 31, - 1990 <br /> Page 2 <br /> II <br /> at the owner or owners of the Site, Auto Investment. <br /> Further, the provision of the existing lease upon which you <br /> rely has been taken out Of context and does not require <br /> .indemnification by Chase Chevrolet. The complete provision. is as <br /> follows : <br /> Lessee agrees to use and occupy the lands and building <br /> hereby leased for the sale, servicing and leasing of <br /> automobiles and office purposes and agrees not to carry <br /> on any other or different type of. business or operation <br /> without the: written consent of 'the lessor first had and <br /> obtained . Neither shall lessee suffer to be done in <br /> and about said premises anything which will violate or <br /> conflict with any law , ordinance or regulation which is <br /> now or may be hereafter enacted 'by any governmental <br /> authority or commit or suffer any waste. <br /> The above provision is' applicable to the use of the Site and <br /> does not provide nor was it ever intended to provide any <br /> indemnification from alleged contamination of the soil due to <br /> leaking underground storage tanks. <br /> Rather than prolong this debate, I. would suggest we request <br /> Herb Bowman, on behalf ofAuto Investments, to petition the <br /> Superior Court for instructions regarding the alleged <br /> contamination, and that we request the San Joaquin Environmental <br /> Health Department's forbearance in referring .this matter to RWQC <br /> pending the court' s direction. <br /> Please review this matter with your client and advise. <br /> Sincerely, <br /> GERALD A. PERRY <br /> GAS:vg <br /> cc: William Chase <br /> Herbert Bowman <br /> Diane Hensen, San Joaquin Environmental Health <br /> Tom Peltier, Regional Water Quality Control Board <br />