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Thomas Paschke From: Jay T. Squires [jsquires@rafinriklaw.com] Sent: Friday, September 21, 2007 11:28 AM To: Bill Malinen; Deb Bloom; Thomas Paschke; Michael Darrow Subject: Fwd: Re: Northwestern College �� Page 1 of 2 Please review the below. I am still working with Jay Lindgren on the language of paragraph two of 10.9 (d) in the PUD Agreement (Fairview/Lydia intersection improvements). Be aware that the draft in the Council packet dropped off language that I think staff had felt was necessary (language addressing other projects causing the need for improvments).....my fault in the hurry to get things done. I would like to do a conference call early afternoon. I have not heard from Jay Lindgren, but want to keep the conversation going with a goal of presenting a smoked peace pipe on all fronts to the Council on Monday. Let me know when you-all may be available for a conference call. ]ay The information contained in this electronic message is attorney-client privileged and confidential information and is intended only for the use of the individual(s) to whom this electronic message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the message from your system. Thank you. »> Jay T. Squires 9/21/2007 11:06 AM »> This has not been run by the City, but what about this for the second paragraph: If the intersection improvements are determined by a warrant analysis to be required in the absence of a specific development phase proposal by the COLLEGE (for example, traffic volumes from another project or projects or background traffic levels beyond those anticipated in the traffic study dated 4/24/07), then the COLLEGE shall pay 100% of the intersection improvement costs but such amount shall be reduced by the contribution obligations of other properties included in future development agreements as discussed above, and shall be further reduced by funds from other sources that the CITY elects, in its discretion, to utilize for the intersection improvement work. The information contained in this electronic message is attorney-client privileged and confidential information and is intended only for the use of the individual(s) to whom this electronic message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the message from your system. Thank ou. �� -- i » "L' d ren, Jay° <Lindgren.Jay orsey.com> 20/2007 11:32 »> ; � ��. � Plea ind attac e our requested revi � ns to t changes Thomas se to e yesterday. I've included both a clean and a � ma�e ion so ' re acceptable, h mas can just use the clea v sion if he let me know if you agre� or if we need to discuss. ' ; �. i _ / Thank you, --� Jay � JAY R. LINDGREN DORSEY & WHITNEY LL 50 South Sixth Street, Suite 0 09/24/2007