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From: Helen Matson
To: Ingrid Decker; Marc Virata; Paul Eckman; Steve Olt
Date: 1/26/2010 6:23:56 PM
Subject: Development Agreement - Marketplace
I have a concern with paragraph 7 of the DA and maybe I did not read the last draft carefully to catch this
issue. In paragraph 7c (mid paragraph) it reads "it is anticipated that, in conjunction with the Grape Street
Purchase, the assigning of certain maintenance and repair responsibilities will be established between the
Developer and/or one or more of the property owners with the Property."
What I said at our last meeting was the Ray Mayes was more than happy to do maintenance work on the
property of Grape Street identified in Exhibits 1-1 and 1-2; however, he does not want any formal
maintenance responsibility because if something happens to him, he doesn't want this to be his wife's
responsibility. There are only 2 residential properties left on Grape Street - the other property owner is
probably in her 70's and the neighbors say she has trouble remembering. 1 thought we were saying
something like Eric could assign this responsibility to a future owner of the shopping center, not a
neighbor.
I hate to bring this up now because it looks like this was not a new change, but I think this is a big
problem.