Fountain Valley Transit Mix, Inc. - Page 7

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          entered into between April Leasing, Elissa Leasing, Andrea                  
          Leasing, and Stacey Leasing, and other concrete companies                   
          controlled by the Caillier family, contained the same terms as              
          the Nikki lease, placing the obligation of purchasing new tires             
          on the lessor.  After Agent Siebert pointed out the tire                    
          replacement clause in the Nikki lease to Kurt Caillier in 1992,             
          Kurt Caillier signed on behalf of the lessor addenda to the                 
          Elissa Leasing, Andrea Leasing, and Stacey Leasing leases                   
          identical to the addendum to the Nikki lease.  These addenda were           
          then attached to the original leases.  Kurt Caillier in 1992                
          signed on behalf of April Leasing an addendum to its lease with             
          A&A identical to the Nikki lease addendum, and Andre Caillier               
          signed this addendum on behalf of A&A.  The addendum to the April           
          Leasing lease, however, was dated December 31, 1987.                        
               In April 1990, Gillette Tire had an opportunity to purchase            
          a large number of tires at a discount.  Mr. Ron Rose (Mr. Rose),            
          who handled all the maintenance, and Mr. Cliff Bodie (Mr. Bodie),           
          who handled all the tire maintenance for all the related                    
          companies named above, figured out how many tires in total should           
          be purchased for use of all the related concrete companies during           
          a 1-year period.  Mr. Pisano determined the tires needed by                 
          petitioner's leased trucks for a year.  The number of tires which           
          Mr. Rose and Mr. Bodie determined would be needed by all the                
          related concrete companies was based on the total yardage of                
          concrete they estimated the companies would haul during the year            




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Last modified: May 25, 2011