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WICKLAND <br /> PROPERTIES <br /> Via Federal Express <br /> July 15, 1994 <br /> Michael C. Donovan, Esq. <br /> Hopkins & Carley <br /> 150 Almaden Blvd. , Suite 1500 <br /> San Jose, CA 95113-2089 <br /> Re: Objection to Proposed Settlement <br /> Lincoln Properties, Ltd. v. Norman Higgins, et al. <br /> USDC, E. Dist of Cal. , CIV-S-91-760-DFL (GGH) <br /> Dear Mr. Donovan: <br /> This afternoon, I learned for the first time of the proposed <br /> settlement in the above-referenced litigation, a litigation in which <br /> Wickland Properties ("Wickland") is II2l a party. I have reviewed a <br /> copy of an advertisement regarding the proposed settlement that <br /> appeared in the Sacramento Bee on June 10, 1994 . Of particular <br /> concern to Wickland is the following statement, in the section <br /> entitled "Possible Effects of Settlement Upon Persons or Entities <br /> Not Parties to the Litigation" : <br /> The effects of the two proposed Consent Decrees, if approved by <br /> the court, would include, but are not necessarily limited to, <br /> creation of a "contribution bar" which would prevent any <br /> persons from asserting any claims for all costs and damages <br /> covered by these settlements, specifically including clean-up <br /> costs incurred and yet to be incurred, in whole or in part, as <br /> a result of the contamination at and in the vicinity of Lincoln <br /> Center against Plaintiff Lincoln Properties, Ltd. , the County <br /> of San Joaquin, the Settling Dry Cleaning Defendants, or <br /> Defendant A.A. Mederos. <br /> As you know, Wickland is a 12 year tenant at the Lincoln Village <br /> Shopping Center. From July 1, 1982 to August 2, 1988, Wickland <br /> operated a gasoline service station at 6425 Pacific Avenue, Stockton <br /> (the "site" or the "service station") . Commencing in August 1988; <br /> Exxon began operating the service station pursuant to a sublease <br /> which is still in effect. For almost six years, Wickland has been <br /> remediating hydrocarbon contamination at the service station <br /> originating from leaking underground storage tanks that were <br /> replaced in October 1988. Wickland has incurred considerable <br /> expense remediating this site. <br /> Wickland has a significant economic and legal interest in not being <br /> required to clean-up migrating toxic solvents on property that it <br /> leases from Plaintiff Lincoln Properties, Ltd. <br /> PO Box 13648•Sacramento CA 95853 Tel 916-978-2500•Fax 916-978-2408 3640 American River Drive•Sacramento CA 95864 <br />