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1.1/.19/04 11:54 FAX 5207491.6/1. CANYON RANCH RESORT Q002 <br /> Fri Hnv 19 07:21:01 2004 413-674- P. 4 <br /> November 1 S,2004 <br /> San Joaquin County Environmental Health Department <br /> 304 East Weber Avenue,Third Floor <br /> Stockton,.CA 95202 <br /> ADDENDUM TO MASTER FILE RECORD <br /> Gentlemon: <br /> This addendum to the Master File Record(to which it is attached)is executed,on <br /> behalf of the Surland%Companies, a Califomia limited liability company ("Surland"). Surland ig <br /> the buyer under Purchase and Sale Agreement with Union Pacific Railroad Company("Union. <br /> Pacific")pursuant to which Surland:has the contractual right, subject to perfonnance of <br /> satisfactory due diligence investigations on the property,to acquire the"bow tie"property.(the <br /> "Property") consisting of approximately'21.6 acres of real property located in the City.of Tracy <br /> and more particularly identified in the Master File Record to which this addendum is attached. <br /> Surland wishes to conduct certain environmental testing activities on the Property to determine <br /> .the presence or absence of hazardous materials and has applied to EHD for the required permits <br /> to allow such testing. <br /> Under separate cover, Surland's consultant,Geocon Consultants,Inc.,have <br /> submitted an application for a well/pomp permit to allow the testing activities including test <br /> borings.on the Property and the sum of$279 in the.form of-a check payable to "E•HD". Any <br /> additional fees or charges attributable to the testing activities upon the Property should be billed <br /> to Surland at the address indicated in the Master File Record. In executing the Master File <br /> Record, Surland is agreeing aiid covenanting to pay:all permit fees,penalfies.and.oftx charges, <br /> whether assessed hourly or otherwise, applicable to its and Geocon's activities upon the <br /> Property;provided,however,that Surland is not acknowledging and agreeing to pay the costs of <br /> any environmental cleanup of existing environmental contamination disclosed by its testing <br /> operations upon the Property. <br /> Very truly yours, <br /> TFM SURLAND COMPANLES <br /> By: <br /> $UDCW30321599319.1 <br />