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T <br />Oct -10. 2002 1:31PM <br />40 LAW FIRM (916) 561-3967 <br />THE K(U L -AW f1D-M <br />601 uniViRSIT9 AVON, SUITE 264 <br />SMA(Ti>rOTo, caufoanifl 9sez5 <br />TEL (916) 567-3960 • RX (916) 3673967 <br />October 10, 2002 <br />SHIRRI M. KIRK <br />IMMOT MAL <br />to e) FA74 e+ <br />VIA TELECOPIER (209/468-0315 <br />Gilberto Gutierrez, Esq. <br />Office of San Joaquin County Counsel <br />222 East Weber Avenue, Room 711 <br />Stockton, CA 95202.2777 <br />Re: Delta Funding L.P. <br />Dear Mr. Gutierrez: <br />10 No.0938 P. 2/3 <br />In accordance with our discussion, attached is the signed Property Access <br />Authorization for Investigation of Disposal Site. It is signed by Mr. Al Gomez, the authorized <br />representative of Delta Funding, L.P. <br />As you and I have discussed, by signing this authorization rather than the one that <br />we proposed, Delta Funding does not waive any right to indemnity that it may have in connection <br />with the investigation and it expects the County to indemnify and hold it' harmless from any <br />claims that arise from the County's participation in the investigation of the properly. Delta <br />Funding has never objected to the investigation and has always been willing to permit reasonable <br />access to the property. It simply wants to avoid exposure to liability arising from activities on its <br />property over which it has no control. <br />Should you have any questions or if I can assist you fhrther with this, please do <br />not hesitate to call me. <br />SMK/mek <br />cc: Robert McClellon <br />Very truly yours, <br />Sherri M. Kirk <br />THE KIRK LAW FMM <br />