SITE INFORMATION AND CORRESPONDENCE

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• A Mike Infurna [EH] From: Sharla Hardy[Sharla.Hardy@ci.stockton.ca.us] Sent: Tuesday, December 23, 2008 6:15 PM To: Mike Infurna [EH]; Margaret Lagorio [EH] Cc: Alex Menor Subject: Main Street Tank I am writing to confirm our conversation last week, regarding the Main Street LUFT site. I had previously received a prone call from Cyrus Youseffi, one of the Main Street Investors. He said that the letter he had previously sent to EHD had been in response to EHD's deadline for forwarding the site to the State Water Board and that it had not been a firm offer to take on all responsibility for assessment of the site, but only a step taken to delay the deadline. EHD and the City each have a copy of the letter, in which he states that he will request proposals from three geotechnical firms and proceed with the assessment of the site. Advanced GeoEnviron mental had already prepared a workplan for the City and when we received the letter from Mr. Youseffi we authorized them to offer to submit it for him and to invoice us for the work done so far. Mr. Youseffi knows about the workplan and had called to offer to pay half of the site assessment if the City will pay the other half. He did not quote a cost for the assessment. I forwarded his offer to my bosses. In your call last week you indicated that Mr. Youseffi has stated that he will not be submitting the workplan that he had committed to in his letter. You cautioned us that, with both the City and Main Street Investors withdrawing assessment workplans, that EHD would be compelled to refer the site to the Water Board for handling. I understand that they, in turn, will order both the City and Main Street Investors to assess and abate the site and that they may assign fines for failure to do so. Currently, the City believes that Main Street Investors have confirmed that they are the proper owners of the tank. They have paid to remove the tank and they have written a letter committing themselves to assessment of the contamination at the site. Although we may perform the assessment and remediation if forced to do so, the City will not volunteer to assess or remediate contamination from what is admitted to be a tank owned by the owners of the building at 601 Main Street. The City will be closed from December 24, 2008 through January 2, 2009. We will reopen on January 5, 2009. If there is an emergency, I will be available at 209 598-8572 (cell). Alex Menor will be available at 209 663-7288 (cell). Thank you for your work on this site and for keeping the City informed. Sharla Hardy Public Works, City of Stockton (209) 937-8374