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Seventeen (to present)
[What follows is the exact wording found in the original document.]
September 1, 2000
Thomas Parker
County of El Dorado
330 Fair Lane
Placerville, CA 95667
RE: My Client: Stephen Cimmarusti
Dear Mr. Parker:
I have had an opportunity to review your correspondence of August 7, 2000 regarding the amounts due under the assigned lease. As usual, you calculations are incorrect. Is there any way we would be able to talk to an intelligent attorney at county counsel's office if that is not a contradiction in terms like military intelligence? With reference to the surety bond, the terms of the lease specifically say that it is due upon effective date of the lease. Since the lease was not effected, we understand, until July 10, 2000, less than 30 days have passed since that date. In any event, my client is arranging for a surety bond and will provide proof of same to the General Services Department. However, as far as I am aware, the certificate of deposit posted by Mr. Treiber has not yet been released by the County of El Dorado. Since you concede, in your letter of August 7, 2000, that Mr. Treiber has been released from all of his obligations, there is no reason for the County of El Dorado to continue to fail and refuse to release that account to Mr. Treiber. I expect the account to be released to him within five (5) days of the date of this letter.
With respect to the issue of rent payments, again, Mr. Cimmarusti's liability for the rent payments did not commence, at the earliest, until July 1, 2000. Prior to that time, as you have conceded in your correspondence, he made every effort to pay the rent due under Mr. Treiber's lease. At the outset, his rent checks were returned to him, since the County had not agreed to assign the lease to him. Thereafter, he incurred attorney's fees to give the checks which I deposited into my trust account, wrote out another to the County and sent it with a cover letter. I was required to refer to both Mr. Treiber and Mr. Cimmarusti to avoid having those checks returned to me. After sending numerous checks, and incurring substantial attorney's fees to do so, we simply stopped that exercise in futility. Therefore, the suggestion that any late fees are due which are clearly attributable to the conduct of the County of El Dorado not only in refusing to accept the rent checks but holding checks until they became stale, and failing to comply with representations that were made at the meeting in October, 1999 that lease assignment would be immediately executed, would certainly preclude the County from obtaining any late fees for this rent. If you choose to litigate that issue, I would be more than happy to do so. Moreover, I do not understand the basis upon which that you are suggesting that Mr. Cimmarusti should pay any amounts under the lease prior to the date the County agreed to assign it to him, and since Mr. Treiber has been released from all liability under the lease, it would certainly appear that the County has no legal basis upon which to ask for those rent payments from January, 1999 through June, 2000.
Furthermore, I have carefully reviewed the lease with respect to the provisions on the fuel. Again, Mr. Cimmarusti sent checks to the County for fuel, which were returned to him. The lease was not assigned, and for the reasons set forth above with reference to the rent payments, it is doubtful that any monies are due for fuel. Moreover, the lease specifically provides for the payment of a flowage fee only in the event the tanks are removed from the Georgetown Airport. As you know, the tanks were not removed, and there was no retrofit. Thus, there is no provision in the lease for payment of any monies to the County of El Dorado for fuel flowage fees at this time. Please contact my office so that we can discuss this matter, since my client is willing to consider a modification of the lease with reference to fuel flowage fees.
Please feel free to contact me if you have any questions regarding this matter, or if you would like to discuss it in further detail. Thanking you for your professional courtesy and cooperation, I am
Very truly yours,
FREDA D. PECHNER
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