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08-0408_CHEVRON U.S.A. INC_Site Access AgreementBoston Hartford Hong Kong London Los Angeles New Yark Orange County San Francisco Santa Monica Silicon Valley Tokyo Walnut Creek Washington Bingham McCutchen LLP Suite 4400 355 South Grand Avenue Los Angetes, CA 90071-3106 T 213.680-6400 F 213.680.6499 bingham.com Jill C. Teraoka Direct Phone: 213.680,6422 Direct Fax: 21.3,830,8722 jill.teraoka@biDgbam.com October 8, 2010 Via Federal Express Omar Sandoval, Esq. Woodruff, Spradlin & Smart 555 Anton. Boulevard, Suite 1200 Costa Mesa, CA 92626 Re: Chevron/San Juane Capistrano Dear Omar: Enclosed please find fully executed originals of the following documents: (1) the First Amendment to Site Access Agreement, and (2) the Third Amendment to Settlement Negotiation Confidentiality Agreement. We look forward to receiving sooar the Agreement in Principle signed by the City so that 1 can send you a draft of the Settlement Agreement to review. Thant{ you for your continued cooperation in this matter. Sincerely yours, Jill C. "Teraoka Enclosures cc: Sonya Ziegler, Esti. (w/encl.) Station No.: 9-3417 FIRST AMENDMENT TO SITE ACCESS AGREEMENT THIS FIRST AMENDMENT TO THE SITE ACCESS AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and CHEVRON U.S.A. INC. ("Chevron") is made and entered into, to be effective the 8th day of April, 2009, as follows: WHEREAS, the City and Chevron have entered into a Site Access Agreement dated April 8, 2008 (the "Agreement"); and WHEREAS, the City and Chevron desire to amend the terms of the Agreement to extend its tenn as provided for herein. NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, the City and Chevron agree to extend the term of the Agreement to terminate on April 8, 2012. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. A" I: AM4&&263.1 CITY OF SAN JUAN CAPISTRANO By: Joe T t, City Manager CHEVRON U.S.A. INC. By:/J. �e TitleP6 sls�A THIRD AMENDMENT TO SETTLEMENT NEGOTIATION CONFIDENTIALTY AGREEMENT THIS THIRD AMENDMENT TO THE SETTLEMENT NEGOTIATION CONFIDENTIALITY AGREEMENT between the CITY OF SAN JUAN CAPISTRANO ("City") and CHEVRON U.S.A. INC. ("Chevron") is made and entered into, to be effective the 21st day of September, 2010, as follows: WHEREAS, the City and Chevron have entered into a Settlement Negotiation Confidentiality Agreement dated February 23, 2010 (the "Agreement"); WHEREAS, the City and Chevron extended the terra of the Agreement until July 21, 2010 by entering into a First Amendment to the Agreement; and WHEREAS, the City and Chevron extended the term of the Agreement until September 21, 2010 by entering into a Second Amendment to the Agreement; and WHEREAS, the City and Chevron desire to amend the terms of the Agreement to extend its terra as provided herein. NOW, THEREFORE, in consideration of the promises and mutual covenants contained therein, City and Chevron agree to extend the term of the Agreement to terminate on November 22. 2010. All other provisions of the Agreement not amended hereunder shall remain in full force and effect. ATTE S By: A173428259.2 CITY OF SAN JUAN CAPISTRANO By: �- Joe ait, City Manager CHEVRON U.S.A. INC. By: Title: