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1994-0221_NEGRETE , CARLOS_Settlemeng Agr AddendumADDENDUM TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE ENTERED INTO BETWEEN CARLOS NEGRETE, COMMITTEE TO RESTORE INTEGRITY IN SAN JUAN CAPISTRANO, THE CITY OF SAN JUAN CAPISTRANO, SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY, GARY HAUSDORFER, KENNETH FRIESS, ANTHONY BLAND, PHILIP SCHWARTZE, DAVID BENTZ, GEPHARD DURENBERGER, STEPHEN JULIAN AND GRAHAM & JAMES The terms and conditions of the above -referenced agreement are incorporated herein by reference. The following addendum is added at page 5 at the end of paragraph 4: However, under no circumstances shall the City of San Juan Capistrano; Stephen Julian; San Juan Capistrano Community Redevelopment Agency; Gary Hausdorfer; Kenneth Friess; Anthony Bland; Philip Schwartze; David Bentz; Lawrence Bucheim; Gephard Durenberger; and Graham & James be entitled to enforce any orders and judgments for costs and attorney's fees entered in the Taxpayer's Action entitled Committee to RPS or Int-arity in San Juan Capistrano. et a1. v. The City of San Juan Capistrano, St-ephen B. Julian. et Al., Orange County Superior Court Case No. 65-27-09 against Negrete's insurers, Truck Insurance Exchange and/or Fire Insurance Exchange and/or any other Farmer's entity. All such claims against Truck Insurance Exchange and/or Fire Insurance Exchange and/or any other Farmer's entity are forever waived and discharged. The City of San Juan Capistrano; San Juan Capistrano Community Redevelopment Agency; Gary Hausdorfer; Kenneth Friess; Anthony Bland; Philip Schwartze; David Bentz; Lawrence Bucheim; Gephard Durenberger; and Graham & James warrant that they have made no assignment, voluntarily or involuntarily of all or any part of their claim or potential claims to Truck Insurance Exchange and/or Fire Insurance Exchange and/or any other Farmer's entity to any other persons or entities. Dated: February Z/, 1994 Dated: February Z/, 1994 Dated: February /(, 1994 COMMITTEE TO RESTORE INTEGRITY IN SAN JUAN CAPISTRANO By: .=�.y= Carlos Negr e THE CITY OF SAN JUAN CAPISTRANO By: _,., zz__ _,_/ �__ Ma r Coll am ell SIGNATURES CONTINUED ON NEXT PAGE Dated: February /6, 1994 Dated: February /?, 1994 Dated: February 1994 Dated: FebruaryZ3,, 1994 Dated: February /$,, 1994 Dated: February , 1994 Dated: February 3, 1994 M Oocz' Dated: F bz4Lajr 1994 0 SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY j � >��7 By: Chairmaif Carolyn Nash By:,i'\ "Ke neth E. Priess By: zdLz dv�A. Anthony Bland By: Philip Schwartze l By: David Bentz s By: i'16(arence Euche(im Gerhar Durenberger L' SIGNATURES CONTINUED ON NEXT PAGE -2- 0 Dated: February , 1994 Dated: February /,i, 1994 Dated: February 118, 1994 Dated: FebruaryX-4,, 1994 Dated: February GI, 1994 is ZW— GRAHAM & JAMES By: MOVED AS FO & CONTENT: By: Kenneth ulian, Attorney for Stephen B. Julian APPROVED AS TO FORM & CONTENT: By: LZI PcKil L. Gale, A for for the City of San Juan Capistrano APPROVED AS TO FORM & CONTENT: By: Jeffrey Carlos ✓G -3- Attorney 0 0 SETTLEMENT AGREEMENT AND MUTUAL RELEASE WHEREAS, on or about March 19, 1991, a lawsuit (Orange County Superior Court Case Number 65-27-09) was filed by plaintiffs, Committee to Restore Integrity in San Juan Capistrano, Adele Keithhahn, Julian Keithhahn, Timothy Byers and Carlos F. Negrete (hereinafter "Plaintiffs") against defendants, The City of San Juan Capistrano, Gary L. Hausdorfer, Kenneth E. Friess, Lawrence Buchheim, Anthony L. Bland, Philip Schwartze, Stephen B. Julian, David Bentz and, later, Gephard R. Durenberger (hereinafter "Defendants"); and WHEREAS, a judgment has been entered in Orange County Superior Court Case Number 65-27-09 (the "Taxpayer's Action") in favor of Defendants on all causes of action and awarding certain attorneys' fees and costs to Defendants, which judgment has been appealed as described herein, and which judgment has been the subject of Defendants' motion for additional attorneys' fees and costs, which motion was granted by the Superior Court; and WHEREAS, a defense has been provided to all Defendants in this case by the City of San Juan Capistrano (hereinafter "City$') ; and WHEREAS, various aspects of the lawsuit described above have become the subject of appeal in the following matters: 1) Fourth Appellate District Court of Appeal Case Number 4 Civil No. G013359; 2) Fourth Appellate District Court of Appeal Case Number 4 Civil No. G014188; 3) Fourth Appellate District Court of Appeal Case Number 4 Civil No. G013726; 4) Fourth Appellate District Court of Appeal Case Number 4 Civil No. GO14413; WHEREAS, plaintiff, Carlos F. Negrete, has filed subsequent related litigation entitled: 1) Carlos F. Negrete v. City of San Juan Capistrano, San Juan Capistrano Community Redevelopment Agency and Genhard R. Durenberger (Orange County Superior Court Case Number 70-74-10); 0:\USR\KBJ\PLD\125457 0 0 2) Carlos F. Nearete v. City of San Juan Capistrano and San Juan Capistrano Community Redevelopment Agency (Orange County Superior Court Case Number 70-82-62); 3) Carlos F. Nearete V. Kenneth Friess (Orange County Superior Court Case Number 70-27-08); and 4) Carlos F. Nearete v. City of San Juan Capistrano. etc.. et al. (United States District Court, Central, Case Number SACV-93-1016-GLT(RWRX); and WHEREAS, subject to the terms of this Agreement, it is the intention of the parties to enter into a settlement agreement terminating all pending litigation, claims, appeals and threatened or proposed litigation between these parties, now, and for not less than five years from the date of this Agreement; NOW, THEREFORE, in consideration of the mutual promises, releases and dismissals contained herein, Carlos F. Negrete and the Committee to Restore Integrity in San Juan Capistrano (hereinafter "Negrete") and the City of San Juan Capistrano (the "City"), the San Juan Capistrano Community Redevelopment Agency, Gary L. Hausdorfer, Kenneth E. Friess, Lawrence Buchheim, Anthony L. Bland, Philip Schwartze, David Bentz, Kenneth E. Friess, Lawrence Buchheim, Anthony L. Bland, Philip Schwartze, David Bentz, Stephen B. Julian and Gephard R. Durenberger (hereinafter "City Defendants"), do hereby voluntarily and knowingly execute this document (the "Agreement"). OBLIGATIONS OF NEGRETE 1. Negrete agrees to dismiss with prejudice all pending lawsuits and appeals against the City Defendants and, to the extent applicable, all present and former elected and appointed officials and employees and all agents thereof, as follows: A. All pending appeals resulting from Committee to Restore Integrity etc et al v City of San Juan Capistrano et al., Orange County Court Case No. 65-27-09, including, but not limited to: 1) Fourth Appellate District Court of Appeal Case Number 4 Civil No. G013359; 2) Fourth Appellate District Court of Appeal Case Number 4 Civil No. GO14188; 3) Fourth Appellate District Court of Appeal Case Number 4 Civil No. G013726; -2- 0:\USR\K8J\PLD\125451 0 0 4) Fourth Appellate District Court of Appeal Case Number 4 Civil No. G014413; B. Carlos F. Nearete v. City of San Juan Capistrano, Sa Juan Capistrano Community Redevelopment Aaencv and Gep and R. Durenberger (Orange County Superior Court Case Number 70-74-10); and C. Juan Capistrano Community Redevelopment Agency (Orange County Superior Court Case Number 70-82-62); and D. Carlos F. Negrete V. Kenneth Friess (Orange County Superior Court Case Number 70-27-08); and E. Fourth Appellate District Court of Appeal Case Number 4 Civil Number G014848; and F. Carlos F. Negrete v._ Citv of San Juan Capistrano, et al. (United States District Court, Central, Case Number SACV-93-1016-GLT(RWRX); and G. Any other case now pending on appeal, or otherwise contemplated or threatened, whether served or unserved, against City Defendants and present or former City officers, employees and agents, except the case of Richard B. Hassett Maddaloni, Tarbell Realtors, et a1., Orange County Superior Court Case No. 70-29-86 (the "Hassett Case"), which shall not be affected by this Agreement unless the case is amended beyond its present form and in a manner affecting the rights and obligations covered by this Agreement. 2. It is the intention of the parties to this Agreement that this shall bring an end to litigation and claims between Negrete and the City and all City Defendants and bring peace to the community of San Juan Capistrano as between these Plaintiffs and City Defendants for a period of not less than five (5) years from the date of execution of this Agreement. 2.1 For a period of five (5) years, Negrete agrees to neither personally institute nor represent as an attorney any other person or entity in any taxpayer actions or lawsuits of any kind involving official City or Agency action, against the City, the Agency, its officers, employees, directors, assigns, administrators, agents or representatives (hereinafter "City Agents") acting in an official capacity or within the course and scope of employment with the City or the Agency, except for (1) actions by Negrete in his individual capacity against the City for breach of any written contract that may be entered into -3- 0:\USR\KBJ\PLD\125451 between Negrete and the City, (2) actions by Negrete in his individual capacity against the City or City Agents for any personal physical injury, including defamation, or physical damage to real or personal property that may be caused by City Agents, (3) actions brought by Negrete as counsel on behalf of any person or entity for breach of a contract involving real property between a person or entity and the City, and (4) actions brought by Negrete as counsel on behalf of any person or entity for physical personal injury or physical damage to real or personal property that may be caused by the City or City Agents (the "Covenant Not To Sue"). 2.2 In entering into this Agreement, and specifically Section 2.1 above, the Parties hereto specifically recognize, have considered, and acknowledge the requirements and obligations of California Rules of Professional Conduct, Rule 1-500, which is entitled "Agreements Restricting a Member's Practice" and provides in pertinent part that: "A member shall not be a party to or participate in offering or making an agreement, whether in connection with the settlement of a lawsuit or otherwise, if the agreement restricts the right of a member to practice law..." Nothing in this Agreement, however, including, but not limited to, the provisions of Section 2.1 above, is intended by any of the parties, nor shall it in any way be construed as limiting or prohibiting in any way, any right or authority that Negrete may possess to institute any lawsuit against the City, the Agency or City Agents, either personally or as an attorney on behalf of any other person or entity. No provision of this Agreement, including the provisions of Section 2.1, shall be construed as limiting or prohibiting in any way Negrete's right, license or authority to practice law in any way or in any manner in which he might otherwise be authorized or licensed, including, but not limited to, representing any individual or entity in taxpayer actions against the City, the Agency or City Agents. Rather, by this Agreement, Negrete, the City and the Agency, are agreeing and making the economic determination that for as long as Negrete abstains from exercising his above-described rights during the five-year period following the execution of this Agreement, the City shall not collect or enforce the Attorney's Fee Orders entered in the Taxpayer's Action, and that such an agreement between the parties hereto is reasonable, economically sound and represents a reasoned balance between the competing interests and ends of Negrete and the City. -4- 0:\USR\KBJ\PLD\725457 9 0 OBLIGATIONS OF THE DEFENDANTS 3. City Defendants agree to enter into a stipulation for the dismissal with prejudice of all pending lawsuits, except the Taxpayer's Action, and appeals against the City of San Juan Capistrano, the San Juan Capistrano Community Redevelopment Agency and all present and former elected and appointed officials and employees, and all agents thereof, as identified above in this Agreement. 4. City Defendants hereby expressly release and discharge Negrete and his counsel from any and all claims, judgments or causes of action which they may have for attorneys' fees, costs, reimbursements or other expenditures resulting from the litigation described in this Agreement, whether known or unknown, pending or prospective, at the time of the execution of this Agreement, including claims for attorneys' fees and costs awarded in the Taxpayer's Action, except that the City's release of Negrete shall be effective only if, and for so long as, Negrete abides by the Covenant Not To Sue set fourth in Paragraph 2.1 herein. In the event Negrete breaches the Covenant Not To Sue, the City's release and discharge of Negrete shall be considered null and void and Negrete acknowledges that, in that event, the orders and judgments for Costs and Attorney's Fee entered in the Taxpayer's Action shall become fully valid and enforceable, and the City thereafter can enforce all of its rights against Negrete, including enforcement of those orders and judgments. In this regard, Julian hereby expressly assigns to the City all of his rights and interest in the Order awarding attorneys' fees and costs in the Taxpayer's Action. 5. In the event of any breach by City Defendants of the terms and conditions of this Agreement, the foregoing covenant shall constitute a waiver by City Defendants of any right to recover any such claims, judgments or causes of action for attorneys' fees, costs reimbursements or expenditures resulting from the litigation described in this Agreement. 6. Defendant, Stephen B. Julian, and the law firm of Graham & James, his attorneys of record, agree to waive all outstanding fees in the litigation described herein (both disputed and undisputed) due from the City in the amount of $48,790.51, and City agrees to pay outstanding itemized expenses of $1,076.76 in full and complete settlement of any and all remaining defense obligations of City to Defendant Julian for litigation or claims covered by this Agreement. The City further agrees to continue to defend and indemnify Julian in the Hassett Case and to abide by the terms of the Severance Agreement, dated October 15, 1992, between Julian and the City. -5- 0:\USR\KBJ\PLD\125451 0 MUTUAL OBLIGATIONS 0 7. Except as set forth in Paragraphs 2.1, 4 and 6 herein, the parties hereto, and each of them, for their respective principals, partners and joint ventures, affiliates, insurers, successors and assigns, do hereby fully and irrevocably release, discharge and acquit each other, including all Plaintiffs and all Defendants in all actions and claims described herein, including, but not limited to the City of San Juan Capistrano, the San Juan Capistrano Community Redevelopment Agency, Gary L. Hausdorfer, Kenneth E. Friess, Lawrence Buchheim, Anthony L. Bland, Philip Schwartze, Stephen B. Julian, David Bentz, Gephard R. Durenberger and all other present and former elected and appointed officials, employees, attorneys and agents thereof, as well as, to the extent applicable, each other's respective past, present and future officers, directors, partners, employees, agents, joint ventures, affiliates, representatives, subsidiaries, parent and affiliated corporations, servants, heirs, administrators, executors, predecessors, successors, attorneys and assigns (hereinafter "Related Persons"), jointly and severally, of, from and against any and all rights, claims, debts, demands, acts, agreements, liabilities, obligations, damages, costs, fees (including without limitation, those of attorneys), expenses, actions and/or causes of action of every nature, character, type and description, for injuries, damages, losses to persons or property, real or personal, injury to reputation, contractual damages or obligations, waste or misappropriation, or any other claim or cause of action, whether known or unknown, foreseen or unforeseen, suspected or unsuspected, patent or latent, which the parties hereto, or any of them, now own or hold, have at any time heretofore owned or held, or may at any time hereafter own or hold, against each other or each other's Related Persons, which arise out of or relate to any matter or issue connected in any way to the claims or litigation which is the subject of this settlement. Except as set fourth in Paragraphs 2.1, 4 and 6 of this Agreement, it is the intent of the parties that this constitutes a General Release. S. The parties to this Agreement make no representations or admissions of liability or misconduct regarding the allegations contained in the complaints or claims described herein. 9. The parties certify that they have read Section 1542 of the California Civil Code, set forth below, and hereby waive the application of Section 1542 to this Agreement and the claims and causes of action described herein: -6- 0:\USR\KBJ\PLD\125451 0 0 "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." 10. Negrete and City Defendants agree that a press release shall accompany the public release of this Agreement in the form attached hereto as Exhibit "A". No other press release or representation to the media shall be made with respect to the subject matter of this Agreement or the litigation referenced herein. 11. Negrete and City Defendants agree that if any portion of this Agreement shall be found to be unlawful by a court or tribunal of law, that it shall be severable from the remaining portions of this Agreement, and the remainder of this Agreement shall continue to be binding and enforceable upon each party hereto. 12. The parties represent and warrant that the persons executing this Agreement are fully authorized to do so. Plaintiff, Carlos F. Negrete represents and warrants further that he is fully authorized to execute this Agreement on behalf of the Committee to Restore Integrity in San Juan Capistrano. The parties warrant that the execution and performance of this Agreement does not contravene any laws, regulations or contractual restrictions applicable to or binding upon the parties. Additionally, the parties each represent and warrant that they have not assigned or otherwise transferred to any person or entity any of the claims released hereunder. 13. This Agreement reflects the entire agreement between the parties relating to the subject discussed herein and supersedes all prior or contemporaneous oral or written understandings, statements, representations and promises regarding these subjects and shall constitute the only valid, binding and enforceable agreement among them. The parties represent and warrant that no statements or representations, other than the statements or representations contained in this Agreement, have induced their assent to this Agreement. 14. Any modification, alteration or amendment to this Agreement shall be void and of no force and effect unless it is in writing and signed by Negrete and the City. This Agreement shall be binding on and inure to the benefit of the parties and their respective heirs, representatives, successors and assigns. -7- 0:\USR\KBJ\PLD\125451 0 15. Negrete and City Defendants acknowledge that they have been advised by legal counsel in connection with this Agreement and execute this Agreement voluntarily. 16. If any action in law or equity is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to recover costs, including reasonable attorneys' fees. 17. This Agreement may be executed in one or more counterparts. IN WITNESS WHEREOF, this Agreement has been executed by the undersigned on the dates below indicated: Dated: jr,7Fs Z , 1994 Dated: F0. 4 , 1994 Dated: oil , 1994 Dated: , 1994 Dated: , 1994 Dated: O:W5R\K8J\PLD\125451 , 1994 'Y` COMMITTEE TO RESTORE INTEGRITY IN SAN JUAN CAPISTRANO By: Carlos F. N e e THE CITY OF SAN JUAN CAPISTRANO MayoCollen Campb 1l SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY -8- Carolyn Nash L.1Hausdorfer . Fr L, Dated:ZS / l` , 1994 Dated: " LZ , 1994 Dated: , 1994 Dated: -� — I . 1994 � Dated: . 1994 Dated: 2 , 1994 Dated: -?I/7 1994 Dated: 02 1994 T 0:\USR\KBJ\PLD\125451 0 David Bentz FR. Duren huger B. Jul GRAHAM & JAMES B. Julian APPROVED AS TO FORM: Paul L. Gale, Attorney for the Ytyf San JuanCaapp7is%t/Jr�ano RENCE BgZHH 0 Dated: 1994 Dated: LLZ , 1994 Dated: ! % , 1994 Dated: F4*x-I Dated: , 1994 Dated: L/2 , 1994 Dated: . 1994 0 Anthony L. Bland Philip 4chwartze //, David Bentz Gephard R. Durenberger Stephen B. Julian GRAHAM & JAMES B. Julian APPROVED Ag -TO FORM: Paul L. Gale, Attorney for the City of San Juan Capistrano -9- 0:\USR\13J\PLD\725451 0 9 Exhibit A JOINT PRESS RELEASE After 34 months of litigation, and approximately a million dollars of City funds spent for attorneys' fees and costs, Carlos Negrete and the City of San Juan Capistrano have finally agreed to settle the host of lawsuits between them. The agreement calls for Negrete to dismiss five lawsuits filed by him against the City and present and former City officials, including five appeals. Most of the City officials targeted by the original lawsuit are no longer with the City. The City prevailed in the trial Court. Negrete Appealed. Both sides cited the extreme cost of the litigation as the principal reason for the settlement agreement. Dated: 1cf0- 2 1994 Carlos Negrete THE CITY OF SAN JUAN CAPISTRANO By: 1),�4.z dait Its: RICHARD K. DENHALTER -lo- 0:\USR\KBJ\PLD\125451 COUGLAS C BERARD OLIVIA O BISSELL STERNA N 5 COMN ROBERT ENDERS. JR PAUL F FIGLER STEVEN M GENTRY LEON J GLADSTONE LLIAM J. GLAZER DIANA F GRILLI JAMES F MENSHALL, JR CHARLES M KAHN GARY M KLEIN JUNE E. KREISEL LANCE A —BELLE ALAN MLAZAR MELODY S. MOSLEY JON M055 MICHAEL J AIKEN GALE A AMATO SUI REENG BANKI AURA FARREL BUCHER T1A aI CJ. CAMPBELL MOTHY J CHAPMAN TERESA R. CORDOVA RENEE C O'AGOSTINO SAMUEL M DANSKIN DAVID BEZRA GARY CANCMROW THOMAS F HALL ERIC 8JOHNSON SUSANNE BERRY JOHNSON ANN K JOHNSTON RICHARD ONAPP J05EPU P KOC NIG STERN EN H KUKTA NANCY 5. LAMBRECMT • LAW OFFICES . BERGER, KAHN, SHAFTON, MOSS, FIGLER, SIMON S, GLADSTONE A PROFESSIONAL CORPORATION TRICK E. NAUGHTON ROBERT W. NELMS TIMOTHY A NICM OLSON TERESA RANSOM PONDER DOUGLAS B. POWRIE ERIC N. RIEZMAN BETH 5 SCHIRALLI LORI D. SCROTA ANTHONY E SHAFTON MARTINA A. SILAS CRAIG S51 MON SMERMAN M SPITZ JEFFREY A SWEDO ROGER M VOSBURG BRUCE M WARREN KENNETH 5 WOLF CATHERINE K LATEMPA TRACEY L LOWRY CAROLYN A MATHEWS ROBERT W HELM HILLARY 5 MEISELS GARTH UR NEMESES MARGARET R MIGLIETTA SHERILYN LEARNED O'DELL BETH A PALMER JILL K PETERSON DANE E POWRIE MARK M. SENIOR STEVEN H SILVERMAN JEFFREY M SPURLOCR ROBERTA S. TAYLOR SARA SCHWAB TRASK SHERYL A, WEINBERGER MICHAEL R WIPPLER OF COUNSEL PAUL 5. BERGER JAMES 9. KRUG KENJI MACHIOA, PC JAMBOREE CENTER 2 PARK PLAZA, SUITE 650 IRVINE, CALIFORNIA 92714-8516 MAILING ADDRESS P O. BO% 1969♦ IRVINE, CALIFORNIA 92713-9496 (714) 474-1680 TELECORIER 17141 474-7265 March 2, 1994 City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 WILLIAM BERGER (1903-19741 LOS ANGELES COUNTY C 4215 GLENCOE AVENUE 2N^ FLOOR MARINA GEL REY, CALIFORNIA 90292-5893 131 OI 821-9000 TELECOPIER 13101 578-6176 SAN FRANC15CO BAY AREA O -`ICE 101 LUCAS VALLEY ROAD SUITE 300 SAN R FAEL, CALIFORNIA 94903 14151 472-2900 TELECOPIER 14131 472-5892 SAN DIEGO COUNTY C°F10E .01 WEST BROADWAY SUITE 1950 SAN DIEGO, CALIFORNIA 92101 16181 236-8602 TELECOPIER 16191 236-0812 2358 OUR FILE NO Attn.: Suzanne Ramsey RE: Insured Carlos Negrete Policy #Is: 60089 14 26 (Office Special Sentinel Package Super Policy; and 60089 14 32 (Personal _mbrella Liability Policy) Claim No. X7-5858 Dates/Loss: 1-8-91 and 1-15-91 Committee to Restore Integrity, etc., et a1. v. The City of San Juan Capistrano, et al., Defendants and Cross Action Stephen S. Julian, Cross -Complainant v. Carlos Negrete. Pt al, L-7ross-Mefendants OCSC Case No. 652709 Steohen Julian v. Times Mirror o.. =T al., OCSC Case No. 67 73 41 Dear Suzanne: This letter is to thank you for your help in coordinating the settlement of the above -referenced matter. As you are aware, the settlement was very difficult due to the number of parties MAR 0 3 1994 0 City of San Juan Capistrano Attn.: Suzanne Ramsey March 2, 1994 Page 2 0 involved and your assistance was invaluable in accomplishing a final resolution of this matter. Enclosed please find the original City Settlement Aareement and a Copy of the Addendum thereto. Again, thank you for ;our cooperation and courtesy. Very truly/ yours, wlLli vv/ j ANN K. JOHNSTON, for BERGER, KAHN, SHAFTC:., MOSS, FIGLER, SIMON & GLADSTC-NE A Professional Corperation AKJ:kmh Enclosures