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DL;WNEY R. S . valette <br /> April 24 , 1991 <br /> BRAND Page 2 <br /> SEYMOUR <br /> & ROHWER <br /> Agreement with Shell in March of 1946 that continued <br /> ATTORNEYS through 1972 . <br /> 555 CAPITOL MALL The soil and groundwater contamination occurred in 1963 <br /> )OTHFLOOR while Shell held the master ground lease on the Property. <br /> SACRAMENTO,CA At that time, Chapin Bros . , in their daily accounting for <br /> 95814-46M <br /> TELEPHONE(916)"1-0131 reconciliation of storage tank versus pump and cash <br /> TELECOPIER(916)"1-4021 register sales noticed significant shortages . Chapin <br /> Bros . immediately informed Shell representatives of the <br /> STEPHEN W DOWNEY fuel loss . After several weeks of delays and denials , <br /> (1926-1959) Shell finally acknowledged that a leak was occurring. <br /> Shell accepted responsibility for replacing and repairing <br /> (1926-1%4)- <br /> CLYDE AND the tanks , and for cleaning up the lost fuel . <br /> � Thereafter, Shell directed a contractor, possibly <br /> HARRY B.SEYMOUR Mr. Jack Benton of Stockton Service Station Equipment <br /> (1926.1977) Company, to remove and replace the leaking tank. <br /> Approximately 12 , 000 gallons of gasoline were lost over <br /> a 60-day period prior to tank replacement . Shell <br /> compensated Chapin Bros . for the lost product . <br /> When the tank was removed, Chapin Bros . observed that <br /> there were several large holes in the tank and that the <br /> bottom of the excavation from which the tank was removed <br /> was filled with gasoline . <br /> Shell ' s involvement with the site continued until 1989 , <br /> when the Supply Lease Agreement with Shell was <br /> terminated. <br /> In November, 1990, in preparation for selling the site, <br /> soil and groundwater contamination was discovered. At <br /> Chapin Bros . request, a preliminary site assessment was <br /> conducted by Roger Foott Associates , Inc . The lab <br /> results of the soil and groundwater samples taken at the <br /> Property indicate soil and groundwater contamination from <br /> total petroleum hydrocarbons as gasoline and associated <br /> constituents benzene, toluene, xylene and ethylbenzene in <br /> excess of detectable limits , especially in the <br /> groundwater sample. A copy of the laboratory' s <br /> analytical results is attached . These results were <br /> provided to the San Joaquin County Environmental Health <br /> Division as required by California law. <br /> Under the provisions of the Porter-Cologne Water Quality <br /> Control Act, Water Code Section 13000 , et sea. , and the <br /> Underground Storage of Hazardous Substances Act, Health <br /> and Safety Code Section 25280 , et secr. , Shell is a <br /> responsible party for the contamination at the Property . <br /> Chapin Bros . has never failed a tank integrity test and <br /> never had a release of product from any of its <br /> underground tanks at the Property since it assumed <br />