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�17 0 LETTER OFMMITMENT FOR REIMBURSENII' OF COSTS <br /> CLAIM= NO: 003335 AMENDMENT NO: 0 <br /> a <br /> CLAIMANT: Franzia Winery L. P. BALANCE FORWARD: $0 <br /> CO-PAYEE: None <br /> JOINT' CLAIMAINT: None <br /> THIS AMOUNT: $140,000 <br /> NEW BALANCE: $140,000 <br /> CLAIMANT ADDRESS: 17000 E. HWY 120, P. O.BOX 897 <br /> Ripon, CA 95366 <br /> TAX ID/SSA NO: 68-0112005 <br /> Subject to availability of funds, the State Water Resources Control Board (SWRCB) agrees <br /> to reimburse Franzia .Vinery,L. _P.._-(Claimant) Jor eligible corrective action costs at 1946 <br /> .1 <br /> 17000 E. HWY20, Ripon, CA 95366 (Site) . The c6raitment"'reflected-by' this Letter-is <br /> subject to all of the following terms and conditions: <br /> 1. Reimbursement shall not exceed $140,000 unless this amount is subsequently modified in <br /> writing by an amended Letter of Commitment. <br /> 2. The obligation to pay any sum under this Letter of commitment is contingent upon <br /> availability of funds. In the event that sufficient funds are not available for <br /> reasons beyond the reasonable control of the SWRCB, the SWRCB shall not be obligated <br /> to make any disbursements hereunder. If any disbursements otherwise due under this <br /> Letter of Commitment are deferred because of unavailability of funds, such <br /> disbursements will promptly be made when sufficient funds do become available. <br />_ Nothing herein shall be construed to provide the Claimant with a right of priority for <br /> disbursement over any other claimant who has a similar Letter of Commitment. <br /> 3. All costs for which reimbursement is sought must be eligible for reimbursement and the <br /> Claimant must be the person entitled to reimbursement thereof. <br /> t 4. Claimant must at all times be in compliance with ail applicable state laws, rulestand <br /> regulations and with all terms, conditions, and commitments contained in the <br /> Claimant's Application and any supporting documents or in any payment requests <br /> submitted by the Claimant. <br /> 5. No disbursement under this Letter of Commitment will be made except upon receipt of <br /> acceptable Standard Form Payment Requests duly executed by or on behalf of the <br /> Claimant. All Payment Requests must be executed by the Claimant or a, duly authorized <br /> - --- representative-who ha.s.-been::,approved_.by:_the .Division of. Clean.Water Programs. t <br /> 6. Any and all disbursements payable under this Letter of Commitment may be withheld if <br /> the Claimant is not in compliance with the provisions of Paragraph 5 above. <br /> 7. Neither this Letter of Commitment nor any right thereunder is assignable by the <br /> Claimant without the written consent of the SWRCB. In the event of any such <br /> assignment, the rights of the assignee shall be subject to all terms and conditions <br /> set forth in this Letter of Commitment and the SWRCB's consent. <br /> 8. This Letter of Commitment may be withdrawn at any time by the SWRCB if completion of <br /> corrective action is not performed with reasonable diligence. <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the SWRCB this <br /> 1st day of ILaX, 1995. <br /> STATE WATER RESOURCES CONTROL BOARD <br /> STATE USE: <br /> 5Y QC 50 56 TARS 2 030530 <br /> Manager, Un ergro Storage Tan Cleanup Fund Program <br /> ef, Dx-ision nistrative Services R:3/24194 <br /> • F <br />