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U <br /> r <br /> i <br /> i <br /> y.W Off�GEe <br /> RopBRS,MALI.KOHN &$ENTL6Y <br /> •..c.nau..coEw,,.,.v .. ' <br /> Mr. Thomas Nokes <br /> Re: soil Remediation at Former Discovery Chevrolet site Page 2 i <br /> December 13, 1995 <br /> section 9.0 of the Lease allows for entry by the Landlord <br /> under limited circumstances, not including the excavation <br /> proposed in your letter, without any liability to the Tenant for <br /> loss of occupation or quiet enjoyment of the Premises. The <br /> proposed excavation will result in an economic loss to Tracy <br /> Chevrolet of $6,000.00 for the two Saturdays when its Service <br /> Department will not be able to function and potentially as much <br /> as $15,000.00 additional, if the Service Department can't <br /> function for the intervening five days. There may be additional <br /> losses in that it may not be possible to prepare new or used cars. <br /> for delivery and some sales may be lost as a result. <br /> The monthly premises rent is now approximately $18,000.00. <br /> Tracy Chevrolet proposes to offset its losses through total <br /> abatement of the January rent as liquidated damages for the lost <br /> business and lost profits through the disruption of its business <br /> occasioned by the proposed excavation. Please send a written <br /> confirmation that this will be acceptable to you so that we can <br /> give Horizon access to the Premises. otherwise we will have to <br /> continue to operate the Tracy Chevrolet business until <br /> satisfactory compensation is arranged for the disruption. <br /> very truly yours, <br /> /]jj <br /> Ro ort J. Intne - <br /> RJY:ar <br /> Enclosure <br /> cc, Tracy Chevrolet, Inc. <br /> SR1\92027_1\ARI <br /> ZZiOT'd INS3fdW S?BdOd WHCS:TT SG, 92j3Q <br />