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LETTER OF COMMITMENT FOR REIMBURSEMENT OF COSTS CLAIM NO: 000557 AMENDMENT NO: 0 CLAIMANT: CHAPIN BROTHERS, INC. BALANCE FORWARD: $ 0 CO—PAYEE: NONE THIS AMOUNT: $ 20, 000 CLAIMANT ADDRESS: 1203 N. CARLTON AVENUE NEW BALANCE: $ 20, 000 STOCKTON, CA 95203 TAX ID / SSA NO. 94-2258917 Subject to availability of funds, the State Water Resources Control Board (State Board) agrees to reimburse Chapin Brothers, Inc. (Claimant) for eligible corrective action costs at 1766 Monte Diablo Ave.. Stockton. CA (Site). The commitment reflected by this Letter is subject to all of the following terms and conditions: 1. Reimbursement shall not exceed $20.000 unless this amount is subsequently modified_in writing by an amended Letter of ComrffitMent. 2. The obligation to pay any sum under this Letter of Commitment is contingent upon availability of funds. In the event that sufficient funds are not available for reasons beyond the reasonable control of the State Board, the State Board shall not be obligated to make any disbursements hereunder. if any disbursements otherwise due under this Letter of Commitment are deferred because of unavailability of funds, such disbursements will promptly be made when sufficient funds do become available. Nothing herein shall be construed to provide the Claimant with a right of priority for disbursement over any other claimant who has a similar Letter of Commitment. 3. Unless modified in writing by the State Board, this Letter of Commitment covers work through Phase II of corrective action work. 'Air 4. All costs for which reimbursement is sought must be eligible for reimbursement and the Claimant must be the person entitled to reimbursement thereof. 5. Claimant must at all times be in compliance with all applicable state laws, rules and regulations and with all terms, conditions, and commitments contained in the Claimant's Application and any supporting documents or in any payment requests submitted by the Claimant. 6. No disbursement under this Letter of Commitment will be made except upon receipt of acceptable Standard Form Payment Requests duly executed by or on behalf of the Claimant. All Payment Requests must be executed by the Claimant or a duly authorized representative who has been approved by the Division of Clean Water Programs. 7. Any and all disbursements payable under this Letter of Commitment may be withheld if the Claimant is not in compliance with the provisions of Paragraph 5 above. 8. Neither this Letter of Commitment nor any right thereunder is assignable by the Claimant without the written consent of the State Board. In the event of any such assignment, the rights of the assignee shall be subject to all terms and conditions set forth in this Letter of Commitment and the State Board's consent. 9. This Letter of Commitment may be withdrawn at any time by the State Board if completion of corrective action is not performed with reasonable diligence. IN WITNESS WHEREOF, this Letter of Commitment has been issued by the State Board this 21st day of May , 1993 . STATE WATER RESOURCES CONTROL BOARD STATE USE: CALSTARS CODING BY / ( - / 550-569.02-30530 nager, Ua -oFage T nk Cleanup Fund Program "fir C ref Division Administr ` ' e Services