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LAW QFFICEs <br /> RorffiZs, MAjEsxi, KOHN & BENTLEY <br /> ecP ROPER, w PROFEM.00.L LARvpa.npR aR O..•...••li <br /> P.P+msl x♦nnxmvca,w <br /> 3550 ROUNO BARN BOULEVARD. 5UMr 300 > LZPw xc Rs)s..-.eaP <br /> LIC WtlP<«v R.r,¢ BANTA R05A. CALIFORNIA 85403 .ose em eE <br /> IOOI nM11xRLL,TR= TELEPHONE (707) 521.1200 GO n0.1.-W.IncR <br /> RE6.00P car.c.LvaaNm.wo FACSIMILE (707) 523-45tO ,e..+esE c.✓re.+.w w.a <br /> 1CLCFWxC HI51]UHiOo rEaEe xOUC 1.011 dvKiGd <br /> r.cs.n.Lc Rlsl]o.va..o r..cs...,LE I.eP>d.o-ca re <br /> LAS nPOELES ONICE nwn[xro OIM1e[ <br /> S aOutn nOPEIRMEM SWiE 1100 .00O 0*TRIU.swR.IOP <br /> Las/.xC[LES.C Irah.In EPOaI SKMxG,.rO.C..L.,onx.w vsn. <br /> T.I.OxC(2•])812-1000 rCG4 nallc Ivlep ss.•voO <br /> rAC51 MILE1213)slA co. ........-«.. <br /> ROOERTJ.WiNER <br /> December 19, 1995 <br /> Mr. Thomas Nokes <br /> c/o Winner Ford <br /> 1650 Park Street <br /> Alameda, CA 94501 <br /> Re: Soil Remediation at Former Discovery Chevrolet Site <br /> Dear Mr. Nokes: <br /> Thank you for your letter of December 15, 1995. In the <br /> second paragraph you indicate that Horizon Environmental fully <br /> intends to asphalt on December 31st and the Service Department <br /> will be able to fully operate on January 2nd. That is <br /> inconsistent with what Horizon communicated to me. Tracy <br /> Chevrolet is willing to be accommodating as long as it does not <br /> sustain any economic loss as a result of the disruption to its <br /> business. The loss of use of the Service Department will cost <br /> Tracy Chevrolet approximately $3,000.00 per day, as I have <br /> previously indicated to you. We are willing to proceed with your <br /> written agreement that we have the right to deduct $3, 000.00 per <br /> day of scheduled Service Department opening that we don't have <br /> normal surface conditions, i.e. , the asphalt or pavement <br /> comparable to what exists today. The scheduled days of Service <br /> Department opening are Monday through Saturday, except holidays. <br /> Therefore, if Horizon wishes to come on the site on Saturday, <br /> December 30th, completes its excavation and repaves by Monday, <br /> January 1st, there would only be one Service Department business <br /> day last, December 30th, and a charge to you of $3,000. 00 for the <br /> lasses occasioned thereby. I should also point out that in <br /> addition to the lost revenues, there is the time and money spent <br /> on rescheduling customers who are presently scheduled to come in <br /> for service on the 30th and the potential loss of service <br /> basiness through the inconvenience to those customers. In the <br /> event the surface is not repaved by January 1st, the charge to <br /> you would be $3,000.00 per business day until it is repaved. <br /> Without your written confirmation of acceptance of responsibility <br /> for covering Tracy Chevrolet's estimated losses due to the <br /> SRA92027.7\AR1 <br /> zziZ•d IN53fbW SN3dON WbZS:TT 96, 92 33G <br />