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I <br /> ASSIGNMENT AGREEMENT <br /> FOR <br /> 7647 PACIFIC AVENUE, STOCKTON, CALIFORNIA, <br /> FUND CLAIM NO. 2156 <br /> THIS ASSIGNMENT AGREEMENT ("Agreement") is entered into this 7th day of <br /> April, 2010 ("Effective Date") between THRIFTY OIL CO. (hereinafter referred to as <br /> "Assignor"), and CONOCOPHILLIPS COMPANY (hereinafter referred to as "Assignee"). <br /> This Assignment Agreement entered into and effective as of the above date. <br /> RECITALS <br /> A. WHEREAS, Assignor is an eligible claimant for reimbursement from the <br /> Underground Storage Tank Cleanup Fund established by the Barry Keene <br /> Underground Storage Tank Cleanup Trust Fund Act of 1989 ("Fund'), for costs <br /> related to cleanup activities at the site located at 7647 Pacific Avenue, Stockton, <br /> California ("Site"). Assignor's Fund Claim no. is 2156. <br /> B, WHEREAS, Assignor desires to assign to Assignee rights to reimbursement from <br /> the Fund as described in more detail below, and Assignee desires and agrees to <br /> accept such assignment subject to the terms of this Assignment Agreement. <br /> C. WHEREAS, Assignor and Assignee are parties to a lease agreement by and <br /> between Best California Gas, Ltd,the landlord, and BP Oil Company, the tenant, <br /> dated May 13, 1991 (the"Lease"). The tenant's interest held by BP Oil Company <br /> was assigned to Tosco Corporation effective August 1, 1994. ConocoPhillips <br /> Company is the successor in interest to Tosco Corporation by a Certificate of <br /> Merger effective on January 1, 2003. The tenant's interest under said Lease is <br /> currently held by Circle K Stores Inc., by an assignment from ConocoPhillips <br /> Company to Circle K Stores Inc. and an acquisition, effective December 17,2003, <br /> by Alimentation Couche-Tard of all the outstanding common stock of Circle K <br /> Corporation, with Circle K Stores Inc., being a wholly owned subsidiary of Circle <br /> K Corporation. <br /> TERMS AND CONDITIONS <br /> ACCORDINGLY, Assignor and Assignee hereby acknowledge that on the Effective <br /> Date of the Agreement, the Assignee steps into the shoes of the Assignor and agree as follows: <br /> 1. Assignment. Assignor assigns and transfers to Assignee Assignor's right to <br /> reimbursement of corrective action and regulatory technical assistance costs and third <br /> party compensation claims from the Fund under Claim No. 2156 ("Claim') for the <br /> Site as set forth below. In particular, the Assignor agrees to assign the following <br /> rights to reimbursement: <br /> - 1 - <br />