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)

EXHIBIT 5
Documents relating to Tulare Exxon (4594 E. Tulare Street)


MARTIN-FRESNO-0001, Handwritten Notes of Dan Martin (undated);



MARTIN-FRESNO-0008, Branded Distributor Gasoline Agreement (undated); and



RWQCB-FRESNO-017071, Underground Storage Tank Permit Application –
Abandonment/Removal (Dec. 15, 1998).

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MARTIN-FRESN0 -000 1

~I.~CO Petroleum Products Company

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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.

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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
~·

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UNDERGROUND STORAGE TANK PERMIT APPLICATION
FRESNO COUNTY DEPARTMENT OF COMMUNITY HEALTH
ENVIRONMENTAL HEALTH SYSTEM
P.O. BOX 11867
FRESNO, CA. 93775 [phone]

~ABANDONMENT/REMOVAL D

D

ABANDONMENT IN PLACE

NEW CONSTRUCTION

D

REPAIR

FACILITY INFORMATION
Facility Name
Address
Tank Owner

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Phon{~ uS) ;?$ 2...-\{]Jl:j Job Phone 9""Je-5'S\1..
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State ..J;A.. Zip 93"']~2.
e.,,,'-~~ (p ~,) <!.( t: ~ 'i>tLLuD< ftuc.rtPhone(?...:{!) .!.2S2=C8'18
Lo \-o.;.o

Facility

State~ Zip

Address
TANK CLEANER/TRANSPORTER

CONTRACTOR INFORMATION

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Co~T~~\o;: ~T'ouJ \\&

Address

city

City

CONSULTANT INFORMATION

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compan

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6~cu7 \A. Zip 9:3J2S

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Contractor Class

A -~1._

Phone

License No.

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f\is:ruo) C,..

Phone

Tank

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Zip

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tr~l(.)~.+ , CA. Zip
PhoneG~q) LID~-~ L~

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City

11"{3

Registration Type

Destinationc.'!T~"\..1) ~A41.

Rinsate Manifested _0'ank Manifested

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Addrr:

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Waste Transporter ID No.

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Site Contact Person:

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License No.

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TANK INFORMATION
SIZE

PERMIT#

PRODUCT

AGE OF TANK

DESCRIBE WORK TO BE PERFORMED

(\f P~t. ;.c_.c_. H.0, . \'R:t.\f\C?s'{ l~0.0 I >X ~01 LX, &GC.u =:8lJ...

OFFICIAL USE ONLY

CT;l.f

APN

0) days after the application date. The applicant has received, understands, and will comply with the attached conditions
NOTE: Permit expires nine
of this permit and an
er Sta e and local regulations . ...~sf' Permit Conditions provided_.J!it State Perm· Application (forms A, B, C) provided
';fil:.cl ding Permit c nfirmation
Abandonment in place hand out providedJ!Sl OSHA Excavation Per it on file

11/3/98

RWQCB-FRESN0-017071