08-0408_CHEVRON U.S.A. INC_Site Access AgreementBoston
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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: