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6.a.Pursuant to the Permanont Injunction filed on August 16,1993 by United Slates DisUict Judge David F.
<br /> Levi,the Sbtlling Dry Clearing Dutendants apo A.A..Mederos were adared to participate in l
<br /> iweb igaung,mOntlonng,and tasting the hazardous substance contamination at and emanating Item
<br /> Lincoln Cantor,and to then prepare a proposed remedial action plan consl6lanl with Iha National Oil and
<br /> Hazardous Sub6tances Potiuuon Contingency Plan('NCP')promulgated by the U.S.Environ nonfat .lir
<br /> Protection Agency.Wlihoul i mpingrng upon ins Obligations of the Paimanent Injunction,in,proposed rile
<br /> 1 e R e e o rd
<br /> Flrst Final Conbenl Oeeres rogareb that the Settling Dry Cleaning Defendants implement,jointly and
<br /> severally,at their We cost,all acarine necessary to conipty with any governmental requirements
<br /> Imposed by any valid means to allow tot the selection,approval,and completion of a final lamedial
<br /> action,and any necessary interim removal,in full compliance with the Comprehensive Envuaimenlal Monday
<br /> Response,Compensation,and Liability Act of 1980,42 U.S.C. All,9601.9675,as amended by the
<br /> Superiund Amendments and Reauthorization Act of 1986,Pub,L.99-499,100 Stat.1613('CERCLA'), .June 13, 1994 •
<br /> and consistent with the NCP In order to prevent or minimize the release of hazardous substances so that
<br /> they do nor cause substantial dangul to present or future pudic health,welfare of the environment As
<br /> proposed.the court would find and order that all costs incurred,pr to De incurred.performing the I
<br /> activlllba of work authorized or required pursuant to the First Final Consent Decree or any order issued 11
<br /> or plan adopted pursuant to it are and shag be considered to be necessary and consistent.or not
<br /> lights inn O wan NCP The Settling Dry Cleaning at Lincoln
<br /> have also assigned all of thea ties. lid. IN THE UNITED STATES DISTRICT COURT
<br /> Ilghia end dglms gn6ing oil of the oonlaminnlfon et Llncdn Center to Plaintiff Lincoln Properties.Lid.
<br /> i Defendant ilia County of San Joaquin,California,shall cooperate with ma work performed Dy the
<br /> ,. Settling Dry Cleaning Defendants In accordance with the forms of the First Final Consent Decree,and FOR THE EASTERN DISTRICT OF CALIFORNIA
<br /> Mall use as Deal efforts to expedite consWeratwn d issues totaling to such work.Except as expressly
<br /> ! ' provided In the Fird Final Consent Decree,the Plaintiff Lincoln Propertlas,Lid..Defendum County of
<br />`,'. San Joaquin,CalaforMa,and the Senting Dry Cleaning Delondants shall mutually release one another. Lincoln Properties ltd. No. CIV-S-91-760 DFL (GGH)
<br /> I anq their recpectly� U
<br /> legal successors and assigns,from all past,present and future alma,whether
<br /> n known or unknown,slid Whether offset or in contribution,which were brought or which could have been 1
<br /> brought in yds Action,and wrath arise from o era totaled to the allegations In this Action.The First FinalNOTICE OF PROPOSED SETTLEMENTS
<br /> Consent Daenpe shelf pof De terminated until appropriate court order alloetb the Sarno. VS. LODGING OF CONSENT DECREES,ANi
<br /> i.p Defondanl A.A.;Madero$,is also bound by the court's Permanent Injunction entered on August 16• Norman Higginset al OPPORTUNITY TO COMMENT ON
<br /> 1993,which Is described In more detae =above to paragraph 8.a.Further,under the terms of the • PROPOSED SETTLEMENTS
<br /> A;,proposed Second Flrwl Consent Decree,Delondanl A.A..Mederos,will pay the sum of Five Thousand
<br /> Dollars 1$5.())0 Oo)to Plaintiff Locoin Properties.Lid,In consigeralion Maloof,Plaintiff Lagan
<br /> Properties,Lid.,will dismica as to Dolendant A.A..Madams.a lawsuit Pandang In San Joaquin County TO:ALL PERSONS WHO HAVE AN INTEREST IN,OR MAY HAVE POTENTIAL
<br /> r it:i Supofm Court entitled I Incoln.210pai11e.7-Lid_Y.911!jnllittu a QQrrW I[ly.A1 uL.Case No.238274. LIABILITY RESULTING FROM,THE SOIL AND GROUND WATER
<br /> ? ..
<br /> Farrier,plaman Lincoln Properties,Ltd.,and Defendant A.A..Mode Os,except as expressly provided In 'CONTAMINATION THAT EXISTS AT AND IN THE VICINITY OF THE
<br /> r the Second Final Consent Dociee,shad each release the Omer from various claims presented,or which
<br /> could hays been presented In the Action.Except as expressly provided in the Second Fatal Consent LINCOLN VILLAGE SHOPPING CENTER IN SAN JOAQUIN COUNTY,
<br /> Decree,Defendant A.A..Madero@,will release the County of San Joaquin,and the Settling Dry CALIFORNIA NEAR STOCKTON:THIS NOTICE CONTAINS IMPORTANT
<br /> Cleaning Defendants,and their respective bucca6&oi$and assigns from all post,preseru and future INFORMATION THAT MAY AFFECT YOUR RIGHTS.PLEASE READ IT
<br /> clams,whether known or unknown,and whether duecl lir m contribution,which were broughl of which CAREFULLY.The purpose of this Notice Is to advise you that:
<br /> could nave been brought in this Action,and which alive from a aru Idlbtod to Ilia dllegationb Of this l
<br /> Action.
<br /> c.Paragraphs 8.a.and 6.b.above are a summary of the farms of the two proposed Consent Dea1e68.Sold Two proposed settlements In the above-referenced lawsuit(the"Action')discussed below
<br /> sungnarigs are not intended 10 De alit inclusive.The terms of the p(oposod settlements are fully set lorlh may affect your rights.
<br /> in tin First Final and Second Final Consent Decree&lodged with the court.a copy of which may be
<br /> obtained from the Lincoln Propenes Lulguran Pudic Document Depository Iduntihtd in paragraph 6, 1• •
<br /> The Settling Parties
<br /> above,a upon Wlltton request 10 Piainutl•6 counsel listed below. '
<br /> Possible Effects of Settlement Upon Persons or Entities Not Parties to The Litigation. a.The first of the two proposed settlements Is between and among Plaintiff Lincoln Proper ties.Ltd.,a
<br /> Callloinia Limited Partnership;Defendant,the County of San Joaquin,California,and the following
<br /> 7•The two proposed Consent Decrees finally resolve the Action between Plainld!Lincoln Properties,I.Id.,the Defendants who are collectively referred to in this Notice as the'Senting Dry Cleaning Defendants':Jac.
<br /> County of San Joaquin,the Settling Dry Clea^ing Deloodanja,acrd Defendant A.A..Mederos.The two Alquia),Individually and doing Dusinosa as Lincoln Village Cleaners,lormsny doing Liumness as Village
<br /> proposed Consent Decrees.however,may enact some or all of the rights and claims of persons with an Cleaners and Lincoln Village Cleaners,Inc.;the Estate Of Dwight Alquabt.deceased;Monroe H.Hese.
<br /> Inwre61 in of potential liability rebutting from Ina Aslan,the contamination al and in the vicinity of Lincoln Jr.,Individually and doing business as Finest Care Cleaners,formdrfy doing businass as Lincoln Canter
<br /> Cerner,or the parties involved un the senlemenib.The atfoetb or the two Proposed Consent D6d10eb,If One-Hour Martinizing;Bennie Hein,Individually and doing business as Norge Cleaners,brrnerly doing
<br /> approvad and enlerod by no court,would Include,our we not nocessery limited lo,creation of a business as Norge Cleaning Village;Bonnie Crosby.IrdWldualty and doing business as Norge Cleanans
<br /> -cdnaibution bar'wnich would prevent any persons from asserting any claims fa all costs and damages formerly doing business as Norge Cleaning Village:James A.Murray,Jr.,individually and doing busine6,
<br /> covered by Inose settlements,specifically including eloan-up costs Incurred and yet 10 be Incurred,in whole a6 Finast Dare Cleaners,formerly doing business as Lincoln Center One-Hour Marlinizing;Jeanne
<br /> or In pail,as a result of the conlantinabon at and in the vicinity of Lincoln Cantor against Plaintiff Lincoln Hpss,individually and doing business a6 Finest Care Cleaners,formerly doing business es Lincoln
<br /> Pfopertteb.Ltd.,the County of San Joaquin,Into Salving Dry Claaning Defendants.or Delendant A.A. Center Ona-Hour Maninlzing;and Wllbarl Moser,individually and duung bubiness as Lincoln Village
<br /> Madams.Sucp persons viould evaluate have bettlemontb,consider their potential Impact on their fights. Cleaners;and
<br /> and lake whatever action[nay doom appropnalb.
<br /> Comments on Proposed Consent Decrees b,The second of the two proposed settlements Is between and among Plaintiff Lincoln Properties,Ltd.,
<br /> and Delendant A.A.,Mederos.
<br /> 8.Persons Interested ere invited to submit wntien comments on either of the two proposed Consent Decrees
<br /> for consideration by uw parties and rhe court.Any comments or objections Irom the pudic rdganithg Ilia Descrlptiori of the Action
<br /> proposed settlements and Consent Decrees must be in writing and received by counsel rot Plaintiff Lincoln
<br /> Properties,Lid.,no later than July 18,1994.To be considered,such written continents or oolechului must �f
<br /> be maubd to Plaintiff's counsel listed below.All torments or objections received will be provided to the 2.There IS now pending In the United States District Court for the Eastern District of California.located in
<br /> court together with the lesfonpes,d any,of Lincoln Proparaas,Ltd.,the County of San Joaquin,[tan Sacramento,a lawsuit entitled Lincoln.Ql9Ru[1108 LId_Y._Hl9=iL.9LBL•Case No.CIV-S-91-760 DFL
<br /> Senlmg Dry Cleaning Defendants or A.A..Mederos. (GGH),to which the Plaintiff Lincoln Propenaes,Lid.,is seeking recovery of responbe costs,damages,dm
<br /> docleralwy and iyuncllva(slat.against a number of paflles alleged to be 11406 for toxic kdyenl
<br /> 9.Ane(ins close of the eppfOpribie pudic comment period,Plaintiff Lincoln Properties.Lid.,and all contamination of the soil and ground water at and In the vicinky,of Lincoln Village Slopping CbnlOr
<br /> Defendants will mow the court to approve and enter the proposed First Final Consent Decree and Second (-Lincoln Canter-),a shopping tumor owned by Plainlin Lincoln Propanies.Lid.and located In San Joaqw,
<br /> Final Consent Decree as final orders d the court.A hearing on whether the proposed settlements and County,California,near Stockton.The Plaintiff alleges and the court has found that the source of the
<br /> Consent Decrees should be finally approved may be ser by the clerk of the United Slates Dlblrici Coup, contamination Included the operation of three dry cleaning establishment&which are or wore IOCUIdd of
<br /> Eastern District d California,10 be held 0 the Courtroom of the Honorable David F.Levi,located al th• Lincoln Canter.Various parties to the Action have hied counterclaims and cross-derma seeking da6ct
<br /> United States District Court,650 Capitol Mail,Sacramento,California. recovery of costs,conlubutlon and other forms o1 relief.The County of San Joaquin also has filed daims
<br /> Dated this 8th day of June,1894 seeking to recover costs incurred and to be incurred responding to the contamination.
<br /> Michael C.Donovan,Esq. This at e summary,of the claims and facto asserted by the Plaoiaff and is not intended to be all-inclusive.
<br /> HOPKiNS&CARLEY The claims and factual allegations are more fully set forth in the Corrected First Amended Complaint filed
<br /> with the court,which may be oblsood Irom the Clark of the Court or by writtb0 requbst to Plaiulafrs
<br /> A Law Corporation) counsel listed below.
<br /> 150 Almaden Blvd.,Suite 1500 The Proposed Settlements
<br /> San Jose,CA 95113-2089
<br /> v3
<br /> Telephone;(408)286-9800 .9•A proposed settlement )wm
<br /> lemdhas reached by Plaintiff Unwin Properuee,Ltd.,and Defendant County of
<br /> San Joaquin,California,sold lits Sealing Dry Cleaning Dofendantb.
<br /> Facsimile:(408)999-4790 b.A separate proposed settlement also has Dean rdacnad by Plaintiff Lincoln Propertles,Ltd.,and
<br /> Attorneys for Plaintiff Lincoln Properties,Ltd. Defendant A.A..Mederos.
<br /> Costs of docurpepts produced by plaintiff's counsel: 4a,Tha proposed sAIllaments would finally resolve various claims between Plaintiff Lincoln Properties,Ltd,
<br /> 1.Corrected First Amended Complaint-Eighteen Dollars($18.00)per copy.Exhibits a"Defendant County or San Mrivin,California,and Iha Settling Dry Cleaning Dulondanls,and between
<br /> copied and charged lo(separately -'r`Plaintiff Lincoln Properties;Ltd.,and Defendant A.A..Modaros,which ansa pro of the contamination al
<br /> aid emnnqu ppm Vnc4n ,anter.The proposed settlement&ori not finally rebdve ane Action as to olha
<br /> 2.First Final Consent Decree-Fifteen Dollars($15.00)per copy.
<br /> 3.Second Final Consent Decree-Six Dollars($6.00)per copy pullius.but May may affect the rights of other parsons whethere
<br /> of nor they Ilia parts to the Action.
<br /> ••
<br /> 5.The In(lnb of Ilio proposed belllemenls ere sal north in full in fns Fubl Final Gonbnnl Ueeree,Order,
<br /> Juogrpan[and Rbibfonce to Special Master(8otwoon Plaintiff Lincoln Properties.Lld.,Defendant County
<br /> of San Joaquin,Caldanis,and ma Sealing Dry Cfeanan9 Defendants)line-Fust Final Consent Decree")
<br /> Post-it'Fax Note 7671 Date pages� and in the Second Final Goneanl Decree,Order and Final Judymant(86twoon Plavnill Lincoln Properties,
<br /> Ltd.and Defendant A.A..Mederos)(The-Second Final Consent Decree-)whadn ward lodged with the
<br /> To From court on Juno 8.1994.Copies of the proposed First Final Consent Decres and Second Final Consent
<br /> Deerea(the'Consent Decrees')are available for review and copying at the Lincoln Proparilas Laigatan
<br /> Co.
<br /> Co./De t. Public Document Depository at the Stockton Pudic Library-Mergaret Klaubnor Troke Biancn.502 W
<br /> Co./Dept. Benjamin Hull Drive.Stockton,California.A copy of either proposed Consent De:rod can also nd ouaineu
<br /> Phone# Phone# upon Winton request to Plaintiff's counsel listed below.
<br /> COMMITMENTS OFTHE SETTLING PARTIES
<br /> Fax# Fax# 6•a.Pursuant Io Ihif Permanent Injunction filed on August 16,1993 Dy Untied Stale@ District Judge David F
<br /> Levi,the Senting Dry Cleaning Defendants and A.A..Mederos were ordered to parllelpatd in
<br /> inve6rlgaling,monitoring,and tabling the hazardous substance contammniion at and emanating from
<br /> Lincoln Center,and t0 then pfopaa if proposed remedial action plan consiblent with the National Oil am,
<br />
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