In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 3626

DECLARATION of Connelly in Support re: (157 in 1:04-cv-04973-SAS) MOTION for Summary Judgment for Lack of Evidence Pertaining to Causation.. Document filed by Coastal Eagle Point Company, Coastal Chem, Inc.. (Attachments: # 1 Exhibit #01, # 2 Exhibit #02, # 3 Exhibit #03, # 4 Exhibit #04, # 5 Exhibit #05, # 6 Exhibit #06, # 7 Exhibit #07, # 8 Exhibit #08, # 9 Exhibit #09, # 10 Exhibit #10, # 11 Exhibit #11, # 12 Exhibit #12, # 13 Exhibit #13, # 14 Exhibit #14)Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-04973-SAS(Allen, Brent)

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EXHIBIT 3 Documents relating to Beacon-ARCO #615 (1625 Chestnut Avenue)  FCDEH-FRESNO-016697, Underground Storage Tank Unauthorized Release (Leak) / Contamination Site Report (Oct. 13, 1998);  MARTIN-FRESNO-0001, Handwritten Notes of Dan Martin (undated); and  MARTIN-FRESNO-0008, Branded Distributor Gasoline Agreement (undated). UNDERGROUND STORAGE TANK LINAUTliORIZED RELEASE (LEAK) I CONTAMINATION SITE REPORT FILED? DYEs UNKNOWN UNKNOWN SUBSURFACE MONITORING OTHER ~ METHODUSEDTOSTOP ~ D h;AS'i\tsc:i!~iii'i•Er<#ciPPi~~--'L--:--""==--------=l~ REMOVE CONTENTS o ID jgJ TANK LEAK D PIPING LEA.K UNDETER'IJJINEO D NO ACTIOM TAKEN LEAK BE1~3rCONFIRMED REMEDIATION PLAN o REPLACE TANK D OTHER CORROSION D D D D PLAc~ D cLose rANK & FILL IN o REPAIR PIPING PRoc~::ouRE D OVERFILL [ ] GROUNDWATER ALL THAT APPLY) ~CLOSE TANK & REMOVE REPAIR rANK UNKNOWN SOIL ONLY : D SPILL D RIJP1UREIFAIWRE ~UNKNOWN cHANGE OTHER DRINKING WATER - (CHECK ONLy IF WATER WELLS l-IAVE ACTUALLY BEEN AFFECTED} PRBJMINARY SITE ASSESSMENT WORKPLAN SUBMITTED POLLUTION CHARACTERIZATION PRWMINARY SITE ASSESSMENT UNDERWAY POST CLEANUP MONITORING IN PROGRESS CASE CLOSED {ClEANUP COMPLETED OR UNNECESSARY) CLEANUP UNDERWAY D EXCAVATE& DISPOSE (EDJ D EXCAVATE&TREAT(El) D NO ACTK)N RE,QUJRED (NAJ D D D REMOVE FREE PRODUCT (FP) D TREATMENT AT IHOOKUP (HU) PUMP & TREAT GAOUNDWAlER cGn D D ENHANCED 810 DEGRADATION (ll) REPLACE SUPPLY (RS) OTHER (01]_ D VENT SOIL {VS) FCDEH-FRESN0-016697 / 1 ~/~ 7/4/t:?/~ cff~/1%'/fl//1/ El!)/&e p~c;sE s 1/ r - - ---lf-l.----__:_ · ___:::_J~_A.L_f/J!IJO&[) :5 f}/;o((ij L EJ1SE D To /9_1(_td_ 8 cAetf';tJ o 1{__ L?& l-.&& TEo IAI C/?6 ?Ill o --------~--------------------------·-------------------------- )2-!(p f!-L.t-:?VJ5 @CI/tf~?JJ cf-#/JI?-5/t?W jJ_'(/~ ~>'1/t..,L /3!1e~ /3/fd;t/t::?~D # 3 &>I z._ -----~~~~~~~~-:~~~~~~~~ r ~~L~~~~~~~~~~~~~~-~@~~~_·L ;L _d~~ t~e~E~) ~t-AC-oiiJ li= :3 lzo :3<-?LD 7b OoM Doy/e trM-3 /;_ ~4/" .V -f't;: c;,;;.;;) . L/S"It-j W ~1/j{j-tu J'- :felliYtFeR.. \~ ---------~--~~~~~~~~~~~---- I t/36/lt!t?!U 1F 3 fA.£:'1 ~EI!JCol() # 3 to If; - --------~----~~~~~~~--------------------------~------ '3 0 7&, E: ~.//;; /J ~Li-L r_z::>u_T:_ _-L5'dtt_~ 4t-#~uA't:LA2....:Yd/-~'-'9.-:.=:4..)~~-=--60~8:._.,::;1 _ /z.~~ ·. · ~k:::rz,. _ t{36f&P,t/ p:::;_ ---------~--------------------~--·----------------------------- / ;;4~ - --------~----------------~~~~~------------------------ . L ()J j;Jy 0 r bf/!ltl~/l!st? (!f!C CtJJJ v of.:: AAao I ecf) 5/JLt? CC?/l/ //C.A~r-- s<PL .o 17-o Tb /3eq&o;U ~c;;::/f~c?AJ ------- -·-·--++--- - - - - - ·- - - - - - - -----·-------- -- - - - - -- - - -- ~-=--==----===-------~--------~--: _ _ ___ -----· -_ 22PA_ _ MARTIN-FRESN0 -000 1 ~I.~CO Petroleum Products Company <> Branded Distributor Gasoline Agreement Division of AtlanticRichfieldCompany This Agreement, made as of the _ __ day of , 19_ _ _ , betweeo ARCO Petroleum Products Company (a division of Atlantic Richfield Company, incorporated in Pennsylvania) with an office at 2000 Ala.Ireda de las Pulgas , 5an Mateo. CA 94402 hereinafter referred to as "ARCO", and MARI'INJIL <X>. of 2874 South Q)erry, Fresno, CA hereinafter referred to as "Buyer''; 93706 1. Quantity: Subject to the terms and conditions hereinafter described, ARCO agrees to sell and Buyer agrees to purchase and pay for during each month included in the term of this Agreement, the minimum monthly quantities of motor fuels comprising gasolines and gasoline containin~ materials (hereinafter collectively called "Product'1 in full truck transport quanti ties of not less than 5 500 gallons minimum per truckload, (hereinafter called ".full truck transport") or such minimum gallons per truckload as ARCO may establish by subsequent written notice, as follows: Monthly Quantities of Product Quantities of Product Quantity: Minimum Maximum• Minimum M aximum• January 1 .989,400 2.842.000 July 2,496,900 3,567 , 000 February 2 . 037.000 2. 910 . 000 2,553 . 600 3. 648 . 000 August March 2 .431.800 3.474.000 2,601,200 3 ,716 , 000 September April 2 , 593 . 500 3, 705. 000 2,522 . 800 3 . 604 . 000 October May 2 . 564 . 800 3 . 664 . 000 2,465,400 3 , 522 , 000 November June 2 . 524 . 900 3 . 607 . 000 2 , 278 . 500 December 3 . 255 . 000 -z.'l,ouo,ooo •\l,sr-l,ooo Total six month Minimums from -"":"'""'to""be""""r l,___ _ through _........,Mar"""'c""h _ __ is 13 ,724,900 O ..._. ..,_ gallons. Total six month Minimums from APril 1 through SepterotJe..,..,r.___ is 15 . 334.900 gallons. 2. Grade: Subject to ARCO's rights in Paragraph 13, below, the Product which ARCO agrees to sell and Buyer agrees to purchase and pay for is ARCO branded gasoline of such grade or grades as ARCO has available for sale at the Supply Point(s) as provided in paragraph 4 of this Agreement. 3. Delivery limit: Buyer understands and agrees that ARCO has no obligation whatsoever in any month to sell or deliver to Buyer in any month any quantities in excess of the minimum monthly quantity set forth above. It is further understood and agreed that ARCO may, at a time or times during the term of this Agreement and at A ACO's sole discretion, elect to advise Buyer that additional quantiti es are available for sale by ARCO to Buyer up to the maximum quantities set forth in Paragraph 1 above. • Buyer represents and warrants that the monthly maximum quantities, as selected by Buyer, hereinabove set forth, does not exceed its best estimate of its requirements for Product. In the event that ARCO advises Buyer of the availability of such additional quantities. Buyer may elect to purchase such additional quantities in accordance with and subjec t to the terms and cond itions contained in this Agreement. In addition, ARCO may also, at any lime or times during the term of this Agreement, and at ARCO 's sole discretion, advise Buyer that additional quantities are available for sale by ARCO to Buyer in excess of the maximum quantity set forth above, in which event Buyer may elect to purchase such additional quantities in accordance with and subject to the terms and conditions contained in this Agreement. Quantities below monthly maximum not purchased by Buyer may not be carried forward without ARCO's written consent. Buyer understands and agrees that ARCO has no obligation whatsoever in any month to sell or deliver to Buyer any quantities in excess of the monthly minimum quantities set forth above, whether or not any additional quantities have been made available to Buyer at any time during or prior to the term of this Agreement. Buyer shall make reasonable efforts to take delivery of the monthly volumes set forth in Paragraph 1 at regular intervals during each month. Should Buyer fai l to do so, ARCO may, by written notice to Buyer, establish a delivery schedule, by supply point, for Buyer and Buyer agrees to adhere thereto until such time, if any, that ARCO may cancel such delivery schedule. Fai)ure by Buyer to strictly adhere to such delivery schedule as ARCO may establish shall constitute a breach of this Agreement. 4. Price and Supply Point: Buyer shall pay lor Product sold and delivered hereunder at the prices established for such Product from time to time by ARCO for purchaser~. if any, in the same classification as Buyer, in effect at the time and place of delivery of Product to Buyer. ARCO reserves the right to change its prices at any lime without notice to Buyer. Buyer shall be solely responsible to arrange lor such transport from the Supply Point(s) and for all cosi s, expenses and liabilities of any nature whatsoever occa sioned by or arising out of such transport. As used in thi s Agreement, purchasers "in the same classification as Buyer" means branded motor gasoline distributors purchasing under a contract with ARCO that is substantiall y similar to this Agreement, including contracts in the same form as this Agreement or Branded Distributor Gasoline Agreements on forms previously or subsequently offered or accepted by ARCO. Buyer expressly understands and agrees that any change in the price of any Product purchased or sold under this Agreement will not necessarily be predicated upon nor patt erned after any price established by ARCO, or any price change made by ARCO, with respect to sales to any other custom er or class of trade not in the same c lassification as Buyer. It is further trnderstood and agreed that the price(s) to be established by ARCO from time to time at its discretion under this Agreement shall not be required to bear any fixed or predetermined relationship, or any relationship whatsoever, to the price established by ARCO from time to time at its discretion with respect to sales to any other customer or class of trade not in the same classification as Buyer. ~ :j z ~ Cll z 0 ' 0 0 0 00 At ARCO's option, ARCO may, from time to time, permit Buyer to participate in a program in the nature of competitive assistance such as the temporary voluntary allowance (TVA) program. Any TVA or other competitive ~· . .... • .. ·- -- --:- -----•:•: ..... -• .............: ... ... , o .... __,_ - · ·--•:-""' ........... ;,..,..

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