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LETTER OF l MMITMENT FOR R IMBURSEN(7�T OF COSTS <br /> t <br /> CLAIM NO : 006570 AMENDMENT NO: 0 <br /> CLAIMANT: MCALLISTER TRUSTS <br /> BALANCE FORWARD : $0 <br /> CO-PAYEE : NONE <br /> THIS AMOUNT : $125,000 <br /> JOINT CLAIMANT : NONE <br /> NEW BALANCE : $125,000 <br /> C/O RICHARD E. NEVILLE <br /> NORTHERN TRUST BANK <br /> CLAIMANT ADDRESS : 580 CALIFORNIA ST#1800 <br /> SAN FRANCISCO, CA 94104 <br /> TAX ID/SSA NO : 94-6617867 <br />} Subject to availability of funds, the State water Resources Control Board (SWRCB) <br /> agrees to reimburse MCALLISTER TRUSTS (Claimant) for eligible corrective action costs <br /> at TRUCK TERMINAL 601 VENTURA AVE S, STOCKTON, A 95207 (Site) . The commitment <br /> reflected by this Letter is subject to all of th following terms and conditions: <br /> 1. Reimbursement shall not exceed $125,400 unle s this amount is subsequently modified <br /> in writing by an amended Letter of Commitmen . <br /> 2 . The obligation to pay any sum under this Let er of Commitment is contingent upon <br /> availability of funds. In the event that su ficient funds are not available for <br /> reasons beyond the reasonable control of the SWRCB, the SWRCB shall not be <br /> obligated to make any disbursements hereunde . If any disbursements otherwise due <br /> under this Letter of Commitment are deferred because of unavailability of funds, <br /> such disbursements will promptly be made whei sufficient funds do become available. <br /> Nothing herein shall be construed to provide the Claimant with a right of priority <br /> for 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 <br /> the Claimant must be the person entitled to eimbursement thereof. <br /> 4. Claimant must at all times be in compliance with all applicable state laws, rules <br /> and regulations and with all terms, conditions, and commitments contained in the 5 <br /> Claimant' s Application and any supporting documents or in any payment requests <br /> submitted by the Claimant. <br /> i <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 /> I Claimant. All Payment Requests must be executed by the Claimant or a duly <br /> I authorized representative who has been approved by the Division of Clean Water <br /> 3 Programs. <br /> 6 . Any and all disbursements payable under this Letter of Commitment may be withheld <br /> if 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 <br /> of corrective action is not performed with reasonable diligence. <br /> IN WITNESS WHEREOF, this Letter of Commitment has been issued by the SWRCB this <br /> 4th day of April, 1997 . <br /> STATE W RESOURCE yt5TROL BOARD <br /> SK ITh use: <br /> CA LS'T.-I RS CODING: <br /> B 9550-569.02-30530 <br /> Manager, Und round Storage Tank Cleanup Fund Program <br /> s <br /> BY <br /> it.a1'4r'�� <br /> Chief, Division Administrative Services <br />