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C <br />AANDERUD Kris L <br />From: <br />LIDZ Jerome <br />Sent: <br />Thursday, August 25, 2005 8:22 AM <br />To: <br />PLATA Daniel M; AANDERUD Kris L <br />Subject: <br />Giustina/Mt Hagan easement agreement <br />Follow Up Flag: <br />Follow up <br />Flag Status: <br />Flagged <br />Kris and Daniel, <br />I received the revised agreement and the letter from Mr. Giustina about the parts of the <br />earlier version he won't agree to. Generally, I don't see that he leaves us much choice. <br />None of the provisions he wants to insert are unlawful, and none of the things he wants to <br />delete are legally required. At least the cost has dropped a lot from the first draft. <br />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 <br />delete the $200 fee for meeting with us. I guess this mans he has changed his mind. <br />It's not clear to me if he intends the fee to cover only meetings at the site, or also <br />when we go to one of their offices. We should find out, so we aren't surprised later. If <br />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 <br />it dos create some additional risk for the City, I think. (It's hard to tell, because the <br />section is so overwritten.) Of all the sections, this is the one that concerns me the <br />most. <br />Section 7.2 - I think the first "Section" is a typo. The sentence makes sense if we <br />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 <br />want to assign the 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 <br />send it somewhere else. 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 ATTORNEY WORK <br />PRODUCT PRIVILEGE. <br />1 <br />