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ROPERS,McJEM,Ifofua &BSNILEY <br /> Mr. Thomas Nokes <br /> Re: Soil Remediation at Former Discovery Chevrolet Site page 2 <br /> December 19, 1995 <br /> proposed disruption of Tracy's business, we cannot allow you to <br /> have Horizon proceed with the proposed excavation. <br /> In response to the last paragraph of your letter of <br /> December 15, 1995, 1 would call to your attention that the term <br /> of the Lease began over two and one half years ago, on April 15, <br /> 1993. The contaminants were in the soil at the inception of the <br /> Lease, although that fact was not disclosed to officers of my <br /> client. you have waited two and one half years to do anything <br /> about it and, three weeks before you want to came onto the <br /> premises, provide us with a small fraction of the information <br /> that you should be providing, and then you have the nerve to <br /> suggest that we're preventing you from performing required work <br /> and that such prevention would inflict severe loss on the value <br /> of your property. We have repeatedly requested full disclosure <br /> from you of the extent of toxic contamination on the site and <br /> your efforts to remediate and have been met with a stone wall- <br /> I have done some checking and have learned that the County <br /> of San Joaquin has had communication with you regarding the site <br /> contamination since the underground storage tanks were removed on <br /> or about April 2, 1993, two weeks before our lease began_ There <br /> has obviously been some ongoing site investigation as reflected <br /> in the fact that your daughter, Michelle Nokes, sent me the first <br /> page of a letter from Public Health, dated December 5, 1995, and <br /> the fact that Horizon Environmental is involved. My <br /> understanding is that the extent of contamination is not yet <br /> fully defined and that the decision to perform interim <br /> remediation prior to full definition of the extent of the <br /> contamination was yours rather than the County's- I have also <br /> learned from the state Water Resources Control Board that you <br /> would be entitled to reimbursement of most of the cleanup costs <br /> as long as you are in compliance with County imposed <br /> requirements. Initially we were under the impression from your <br /> correspondence that you had to complete your excavation by the <br /> end of 1995, but from your letter of December 15th, I take it <br /> that that is not the case. <br /> Formal demand is hereby made upon you for full disclosure of <br /> all information regarding the site contamination which vitally <br /> affects Tracy Chevrolet, its customers and employees. This would <br /> include the provision,of all correspondence to and from Horizon <br /> SR1\92027AVR1 <br /> z2.iE'd IN53fHW %13406 Wd2S_TS S6, 92 93a <br />