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of excess dirt, re-installation of pipe drain, tree removal (one), and re-sodding of the yard, including the backyard and side of the house where equipment will presumably enter. I would note that many of these items were discussed last year, so there is little incremental to what was proposed a year or so ago. We will not sign off on this work until a conceptual drawing has been completed showing elevation changes through the proposed re-graded area. In exchange for the city's acceptance of the above, we are willing to allow Orono to have a maintenance and utility easement for the purpose of maintaining and fixing problems with the pipe that runs through the yard and agree to sign paperwork that will be needed for such as well as what would be needed for the City and Bonestroo to enter the property and begin work. As mentioned below, much - if not all -of the work proposed above is in a different part of the yard than the proposed new deck and fireplace, therefore I would appreciate the work permits being accelerated and given to Outdoor Excapes. If there is additional data or information needed for the permits, please explain what is missing as soon as possible. In the event we cannot agree on the above compromise in the next day or so and/or no explanation is given for missing data in the permit requests, the next step would be for me to hire a lawyer to determine why the City of Orono is delaying a valid permit request, which would be regrettable. Best regards, Jeff Davies, CFA Waterstone Capital Management, L.P. 2 Carlson Parkway, Suite 260 Plymouth, MN 55447 Direct: 952.697.4109 Fax: 952.697.4130 Cell: 704.577.0593 jdavies@wscm.net -----Original Message----- From: "Hans Frees" <HFrees@outdoorexcapes.com> Date: Tue, 11 May 2010 09:37:42 To: <mcurtis@ci.orono.mn.us> Cc: <jdavies.mn@gmail.com>; Aaron Lutz<ALutz@outdoorexcapes.com>; <tkellogg@bonestroo.com>; <darren.amundsen@bonestroo.com>; Ward, Jared T<Jared.Ward@bonestroo.com> Subject: FW: Following Up Melanie, Kresta Davies and I meet Jared on site yesterday to discuss the grading. We are all in agreement on what needs to be done. Jared did confirm to both Jeff Davies and I that Bonestroo has everything they need for the building permits to be released. I also discussed and layed out the proposed new landscape work with Jared on site. He is in agreement that the needed retaining walls are able to be installed after the fact along with the grading work. Neither the construction of the fireplace or the deck have any impact on the re-grading work. I told Jared I would get him/the city an estimate for the proposed work as soon as our building permits are released. Please let me know when I can pick up these permits. I hope you understand and see the willingness we are putting forward to expedite this for the Davies. I'd appreciate hearing back from you. 3