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o> CO o CO CO f- o oo oooo ino (M oooo X O oco CO cf LU CO CO o:io CDO LU CO b" LU LT CO Q < or CO CD CO CM LAW OFFICES OF JOHN K. DEMA, RC. 6 July 1993 Via Facsimile Transmission Carlos E. Colon-Franceschi, Esq. Goldman Antonetti Cordova & Axtmayer American International Plaza, 14th Floor 250 Munoz Rivera Avenue Hato Rey, Puerto Rico 00918 RE: Site Access Notice Four Winds Plaza. Tutu Dear Atty. Colon: Further to your letter of June 21, 1993, please be advised that the site plan submitted with your letter indicates that Monitoring Well 16 will be placed immediately in front of the door for Joe's Discount which provides access for warehouse deliveries and distribution. Therefore, the drilling crew and/or TEIC representatives shall not enter the area until 8:00 p.m., which is 30 minutes after the closure of Joe's Discount. Further, Monitoring Well 17 to be located on the sidewalk of the shopping center plaza will directly interfere with the movie theater patrons and therefore the drilling crew or and TEIC representatives shall not enter the area affecting Four Winds Four Theaters until 12:00 a.m. midnight, which is 30 minutes after the closure of the theater at night. The drilling crew and TEIC representatives or subcontractors will have the entitlement to drill throughout the night at both locations, provided all equipment, barriers, vehicles and any indication of their presence are eliminated from the affected property by 5:00 a.m. of the following morning. a. By 5:00 a.m. the affected property shall be broom clean and free of any mud, dirt, and debris in addition to the previously described equipment, vehicles, and barriers. b. These conditions shall continue on a day-to-day basis until the drilling is terminated which is now stated to be no longer than six days. c. If the time periods are violated in any respect, however minimal, the permission to drill will immediately be revoked until the sum of $1,500 is paid on a daily basis in advance for every day that the drilling continues until its termination. TUT 006 1425 *64777* 64777 CasSbs E. Colon-Franceschi, Esquire July6,1993 d. In addition, the terms and conditions of the Site Access Agreement entered into between TEIC and Four Winds dated July 14,1992, are applicable. e. I bring your attention to the insurance requirements. f. Please also sign a new Hold Harmless and Indemnity clause in the form shown as Exhibit B to the Site Access Agreement. These two requirements should have accompanied the notice that you wish to enter the premises at Four Winds and are therefore asked for in arrears of your application to provide them. Further, I direct your attention to paragraph 15 of the Site Access Agreement and note that we have not received the following documentation: a. the final version of Technical Memorandum No. 1 with all notes, addenda, including referenced plume drawings; b. any and all EPA comments and criticisms to Technical Memorandum No. 2 or from the EPA or from its federal oversight contractor; c. the monthly progress reports as required by the consent order have not been submitted since the last time you wished access to the property; d. in addition, I direct your attention to page 7 of the Site Access Agreement and would like affirmation from Geraghty & Miller that the mylars and negatives from which photographs, maps, and illustrations have been produced are available to us upon 14 day's notice. We look forward to your compliance with the Site Access Agreement and upon compliance, welcome you to Four Winds. Very truly yours, k?. John K. Dema, Esq. JKD/jb cc: Andrew Praschak, Esq. Caroline Kwan TUT 006 1426