Laserfiche WebLink
✓ �/ • `� Robert F.Staab <br /> ConocoPhillips Region Manager <br /> ConocoPhillips Company <br /> 1230 W.Washington St. <br /> Suite 212 <br /> Tempe,AZ 85281 <br /> 602.728.7058 <br /> January 29, 2004 <br /> REGISTER MAIL# <br /> li ECE V ED <br /> Mike Infurna FEB 0 2 2004 <br /> San Joaquin Co. Enviro., Health Division <br /> 304 E. Weber Ave., 3rd Floor <br /> Stockton, CA 95202 ENVIRONMENT HEALTH <br /> PERMIT/SERVICES <br /> Subject: ConocoPhillips Corrective Action Responsibilities Relative to Stock Sale of Circle K <br /> Stores, Inc. <br /> On December 17, 2003 (referred herein as"Closing Date"), Alimentation Couche-Tard Inc. <br /> (parent of The Circle K Corporation and Circle K Stores, Inc.), a corporation organized under the <br /> laws of the Province of Qu6bec, Canada(referred herein as"ACTI") acquired The Circle K <br /> Corporation and Circle K Stores, Inc. ("Circle K") from ConocoPhillips Company (referred herein <br /> as"COP") in a stock purchase transaction. <br /> Previsions of the Environmental Liability Agreement(referred herein as"Agreement")control the <br /> baseline assessment, reporting, and remediation of petroleum contamination at Circle K facilities. <br /> Under the Agreement, among other things: <br /> 1) COP will be the responsiblearty with respect to all Baseline Contamination and will be <br /> responsible for all Baseline c1)Corrective Action and Baseline Corrective Action Costs at <br /> the following: <br /> (i) those Circle K sites that had active or planned remediation or monitoring on the <br /> Closing Date or known or identified contamination on the Closing Date (a list of <br /> these sites in California is attached hereto as Exhibit A); and <br /> (ii) those additional Circle K sites(if any) that are identified within 180 days after the <br /> Closing Date to reveal contamination requiring corrective action, based on <br /> assessments to be completed during that 180-day period (through June 14, <br /> 2004) based upon procedures agreed to by the parties. <br /> 2) ACTI will be responsible for New(z)Corrective Action and New Corrective Action Costs <br /> and will be responsible for any related reporting required by applicable environmental <br /> laws as current owner and operator. <br /> (1) In the Agreement,the contamination described in clauses (i)and (ii) above is called "Bgseline Contamination', the <br /> related corrective action is called"Baseline Corrective Action"and the related costs are called"Baseline Corrective <br /> Action Costs'. <br /> (4 In the Agreement, any contamination at any of the Circle K sites that is not Baseline Contamination, including any <br /> release commencing after the Closing Date, is called "New Contamination". ACT is responsible for New <br /> Contamination and related"New Corrective Action'and"New Corrective Action Costs". <br />