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Mr. Michael Infurna <br /> May 22 1996 <br /> Page'6 <br /> closure. Accordingly, it was entirely appropriate for Ms. Hinson not to speculate on how the <br /> County would respond wereMs. Staudenraus to object to conditional closure After all; <br /> without knowing the actual basis for an objection, it impassible to evaluate <br /> 1VIs. Staudenraus has now objected to the passibility of conditional closure;and <br /> we now.know-the basis for her:objection.. She is not objecting because she is the innaoent <br /> owner of Properrty contaminated without;her knowledge. Rather, she purchasedthe property <br /> withRMknowledge of the contamination(again,please refer to the Purchase and Sale <br /> A eement Part`.I <br /> gi' ,pairagraph 19)5 Indeed, she also negotiated a sigrnf cant reduction in the <br /> purchase price lased on the coMmination. She first entered escrow in late 1992, and then. <br /> sought an indemnification from City Thrift and Loan regarding the hydrocarl}on <br /> contamination. However,she was never able to reach agreement with City Thrift on the <br /> terms of that indemnity. In late I99 ,dearly a year after escrow commenced, and after the <br /> FDIC acquired the parcel as the ree&er for City Thrift, Ms. Staudenraus agreed to comwlete <br /> the ptxrch a without any such indemnification from the FDIC,but only sa hang as the <br /> pruirchase price was reduced by`$27,000. 5=internal memo from FDIC; dated October 5, <br /> 1993, attached as Exhibit 4. Ms. Staudenraus is a sophisticatedinvestor who owns both. <br /> residential.and commercial properties in several areas in California0 She dernoustr.'t d this <br /> sophistication in her long negotiations on this property regarding the hydrocarbon <br /> contamination., <br /> Ms Staudenraus is also not objecting to conditional closure on the basis that <br /> the contamination poses any risk to human health or the environment,either now or in the <br /> future. Instead,:Ms. Staudenraus is objecting solely in an attempt to manipulate the County's <br /> regulatory power as leverage with which to advance her private,property ownership <br /> interests. As she has informed you, she is seeping indemnifications from Texaco and the <br /> 5 You will note that Paragraph 19(b)was initially amended:on its face by inserting the word <br /> "unconditional"before the phrase "approval to close the remediation project." A subsequent <br /> addendum to the Purchase and Sale Agreement(attached as Exhibit 3)deleted the word <br /> "'unconditional"(please refer to the page stamped."D03591" stamped in the bottom right <br /> corner}. <br /> 6 A computer search of California property records shows that as of May 1996 Ms. <br /> Staudenraus owns five residential and commercial properties in Alameda, Lotti,Oakland and <br /> San Francisco,with a combined assessed value of approximately$1.9 million. <br />