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Hearing Date and Time: June 3, 2009 at 10:00 a.m., ETROBINSON BROG LEINWANDGREENE, GENOVESE & GLUCK, P.C.1345 Avenue of the AmericasNew York, New York 10105Telephone: (212) 603-6300Facsimile: (212) 956-2174Russell P. McRoryFred B. RingelA. Mitchell GreeneRobert R. LeinwandMYERS & FULLER P.A.2822 Remington Green CircleTallahassee, Florida 32308Telephone: (850) 878-6404Facsimile: (850) 942-4869Richard SoxShawn D. MercerRobert Byerts
 Attorneys for Cape County Autopark I Inc.
UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------xIn re : Chapter 11:Chrysler, LLC, et. al., : Case No. 09-50002 (AJG):Debtors. : (Jointly Administered)------------------------------------------------------------x
DECLARATION OF CHRIS AUFFENBERG IN SUPPORT OFCAPE COUNTY AUTOPARK I INC.’SOBJECTION TO CHRYSLER’S MOTIONTO REJECT AUFFENBERG CHRYSLER DODGE JEEP’S DEALER AGREEMENT
Chris Auffenberg, pursuant to 28 U.S.C. §1746, make this Declaration under penalty of perjury as follows:
 
1.
 
I am President of Cape County AutoPark I Inc. d/b/a Auffenberg Chrysler DodgeJeep, a Missouri company (the “
Dealership
”), which operates a Chrysler, Dodge and Jeepfranchise from a facility located in Cape Girardeau, Missouri at 611 South Kings Highway Street
 
 2(the “
Current Facility
”). I am older than 21 years of age and suffer no legal disabilities. I amcompetent to make this declaration.2.
 
The Dealership has been operating at the Current Facility for over twenty (20)years. The Current Facility was extensively renovated ten (10) years ago at a cost of ThreeHundred Thousand and 00/100 Dollars ($300,000.00). This cost has not been fully depreciated.3.
 
The Dealership has historically been in the top 10 out of all approximately105 Chrysler dealers in the State of Missouri in new car sales volume
. Cape GirardeauCounty is the 14
th
largest county in the State with a population of 74,313. The County continuesto grow in population.4.
 
The Dealership is performing at 100 % of its Minimum Sales Responsibilityas established by Chrysler.
 5.
 
On May 13, 2009, I received a letter from Chrysler notifying the Dealership thatChrysler had elected to “reject” our Chrysler, Dodge and Jeep Sales and Service Agreement (the“
Rejection Letter
”).
The rejection of our Dealership leaves no Chrysler, Dodge or Jeepdealer in Cape Girardeau County.
The next closest Chrysler, Dodge and Jeep dealers arelocated in small, outlying towns – Perryville and Sikeston. Chrysler customers in CapeGirardeau will be forced to travel
42 miles and a 40 minute drive
to Perryville or
35 miles anda 30 minute drive
to Sikeston.6.
 
The Current Facility has 3,800 square feet of showroom space with indoor displayspace for up to 4 vehicles. The Current Facility has a 6,000 square foot service center with 7service bays to meet customer demand. The Current Facility sits on 4 acres of land with amplecustomer and vehicle inventory parking. The customer write-up and waiting areas are
 
 3impeccably furnished and have all the comforts of home including internet access and large-screen television. The Current Facility exceeds Chrysler’s facility planning guidelines.7.
 
The Current Facility is ideally located along South Kings Highway in CapeGirardeau which is the main thoroughfare through the City.
The Dealership is located within aless than 2 mile radius from all other “first-tier” new car dealerships and the largest mallin the City.
8.
 
As set forth in the summary chart below, the Dealership has provided Chryslerwith excellent customer service in the market:
2009(ytd)200820072006 CSIPerformance:
N.A. 92.087.089.0
SSIPerformance:
N.A. 98.098.096.0
 9.
 
Historically, the Dealership spends in excess of $18,000 per month in advertisingand promoting itself and the Chrysler brands to customers in the greater Cape Girardeau area.The Dealership is prepared to continue to invest in promoting itself and the Chrysler brandproducts at this same rate going forward.10.
 
The Dealership has a history of stability in its staffing and management. TheDealership’s General Manager, Darrin Garner, has been employed with the Dealership for two(2) years and many years of automotive dealership experience. Our Service and Parts Manager,Kenneth Seabaugh, has been with the Dealership for over twenty (20) years. These dedicatedemployees have helped the Dealership earn numerous sales and service awards. Theseindividuals have long-term, solid relationships with the Dealership’s large customer base in theCape Girardeau, Missouri area.
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