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HomeMy WebLinkAbout02-02-2016 Item A, Property owner's attorney letterRKEIVED JAN 29 2016 SLO C1`i`Y C:,LER'K OGDEN & FRICKS LLP 656 Santa Rosa Street, Ste. 2B San Luis Obispo, California 93401 Phone: 805.544.5600 Fax: 805544.7700 www.ogdenfricks.com January 21, 2016 Via E-Mail File No. 5050-01 Christine Dietrick 990 Palm Street San Luis Obispo, California 93401 Re: ARFI Quicky Investments, LLC/City of San Luis Obispo Dear Christine, As you are aware we represent ARH Quiky Investments, LLC ("Quick") who is nearing completion of construction of the car wash located on Calle Joaquin ("Property"). As you are also aware, a well located on the Property ("Well") has been a subject of much discussion between Quiky and the City of San Luis Obispo ("City"). We were very surprised after our extensive efforts to satisfy the City's requirements regarding the Well that the City reversed course at the recent City Council meeting on January 19, 2016. As you know, the City has no ownership interest in the Well or Property. However, as we recently learned from the January 16, 2016 letter from Central Coast Grown, the Well may have become contaminated under the City's management. You are advised that, as the land owner, Quiky intends to commence using the water from its Well for non -potable purposes with or without the City's cooperation. However, if the approval of the Quit Claim Deed previously provided to the City is not approved at the next regularly scheduled City Council meeting, Quiky will (1) initiate litigation against the City on all causes of action outside the Government Tort Claims Act; and (2) submit a formal claim for damages to the City pursuant to the Government Tort Claims Act. SVicer . y, 1 Roy E. Vgden Cc: client