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Jerome LIDZ Giustma/Mt Hagan ease t agreement Page 1w` <br />From: Jerome LIDZ <br />To: AANDERUD, Kris; PLATA, Daniel <br />Date: 8/25/2005 8:21:38 AM <br />Subject: Giustina/Mt Hagan easement agreement <br />Kris and Daniel, <br />I received the revised agreement and the letter from Mr. Giustina about the parts of the earlier y ion he <br />won't agree to. Generally, I don't see that he leaves us much choice. None of the provisi ffim is to <br />insert are unlawful, and none of the things he wants to delete are legally required. At least s - OWK <br />dropped a lot from the first draft. OR A few brief comments, keyed to his letter: <br />Section 1 - Although we'd hoped for an option to renew, five years is better than none. <br />Section 4.3 - In earlier comments, Daniel reported that, in May, Giustina had agreed to delete the $200 fee <br />for meeting with us. I guess this mans he has changed his mind. It's not clear to me if he intends the fee <br />to cover only meetings at the site, or also when we go to one of their offices. We should find out, so we <br />aren't surprised later. If the latter, we should do business by phone or e-mail. <br />Section 6 - This clause is still a mess, but he seems insistent. We can live with it, but it dos create some <br />additional risk for the City, I think. (It's hard to tell, because the section is so overwritten.) Of all the <br />sections, this is the one that concerns me the most. <br />Section 7.2 - I think the first "Section" is a typo. The sentence makes sense if we delete that. <br />Section 9.2 - OK <br />Section 10 - OK; follows from deletion of option under section 1. <br />Section 11.1 - OK, but it's a change in what they offered previously. It's unlikely we'd want to assign the <br />agreement to someone else, isn't it? <br />Section 15 - OK. <br />I'll return this file to Kris with a copy of this e-mail attached, unless you tell me to send it somewhere else. <br />OK? Thanks! <br />Jerome Lidz <br />Harrang Long Gary Rudnick P.C. <br />(541) 485-0220 <br />jerome.s.lidz@harrang.com <br />THIS MESSAGE IS A CONFIDENTIAL- COMMUNICATION UNDER THE ATTORNEY-CLIENT OR <br />ATTORNEY WORK PRODUCT PRIVILEGE. <br />