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LAW OFFICES <br /> ROPERS, MA)BSKI, KOHN & BENTLEY °""•wnn0i5BOP""° <br /> Xx.ow POacws ..wno.Es:loxwL m.eeawTlRN e'm.w.vry sTwccr <br /> [Ivo+-1va1 s+4,lxNusm,wirR.wu l.w5 <br /> 3SSB ROUND BARN SOUL ARO. SUITE 300 rc cmoxc pm l.v-yea <br /> Ha>52-16'4 <br /> #Eevaeocm ocnoc SANTA KOSA. CALIFORNIA 95403 sw,cc on¢c <br /> roel wnsw+u MPEer YZLVFHCNE 0071 524-4200 nrLsr <br /> W0we0 un,r...IO.Nln pO.a FACSIN 0.E d0?I 523-4610 a,.x ueSE.b.L60pxw KIR <br /> ra4XOPC P15108.-11D0 TCbEfMexC(.00)4..1.. <br /> rMslwtC 1.61 460-11,0 I..,saTwuv <br /> E_oC AWL"Orr.CE MC"V---I,-- <br /> S•JO LOTH NOIL FI1E[T,SmYC 1!00 1000 0 51.9V...RC. 0 <br /> LWnxGElta.UNra....10011 MlrOxx In Kil. <br /> W.,RUI]1]2000 r[LGa XON[1.ef 151-0.00 <br /> 1A 114ER Ii11200i r•c¢mue{vlc).•1•TSI <br /> RQBE TJ INTNER <br /> December 13, 1995 <br /> Mr. Thomas Nokes <br /> c/o Winner Ford <br /> 1650 Park Street <br /> Alameda, CA 94501 <br /> Re: Soil Remediation at Former Di covery Chevrolet Site <br /> Dear Mr. Nokes: <br /> Enclosed is a transcript of a voicemail message I received <br /> from Richard Johnson of Horizon Environmental in response to a <br /> phone message I left for Gary Barker on December 8th. This <br /> message was left for me before Mr. Barker could have received a <br /> copy of my letter to you of December 8th. The area which Horizon <br /> Environmental proposes to excavate is directly in front of the <br /> entrance to the service bays. Such an excavation will <br /> effectively prevent Tracy Chevrolet from operating its Service <br /> Department. The Service Department operates six days a week. My <br /> client informs me that the average gross profit on sales from the <br /> Service Department is $3,000.00 per Saturday. From Mr. Johnson's <br /> voicemail message, I presume that the Service Department would be <br /> inaccessible for a Saturday, a Sunday and the following Saturday. <br /> In addition, for the intervening five weekday period, access <br /> would be over gravel and dirt rather than a more permanent, <br /> sturdy surface- The difficulty is obvious. Customers' vehicles <br /> are Moved back and forth across the area of proposed excavation <br /> to get in and out of the Service Department. Service Department <br /> operations would be essentially shut down for two Saturdays and <br /> impeded for the five weekdays in between. <br /> Nothing in the Lease allows you to deprive Tracy Chevrolet <br /> of access and full use of its service bays for the proposed <br /> excavation. We are particularly concerned that the excavation is <br /> proposed during the rainy season. If there is significant rain <br /> as there is this week, the dirt and gravel condition between <br /> excavation and resurfacing would have an even more serious <br /> financial impact on Tracy Chevrolet. <br /> SION92027.1%W1 <br /> ZZ/6'd INS3fUW Sd3d0d WdVS:SS S6, 9Z a3Q <br />