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RATWIK, ROSZAK & MALONEY, P.A. <br />a,�rneys � � <br />Paul C. Ratwik <br />John M. Roszak <br />Patricia A. Maloney* <br />Terrence J. Foy* <br />Stephen G. Andersen** <br />Scott T. Anderson <br />Kevin J. Rupp <br />Jay T. Squires*# <br />Ann R. Goering <br />Nancy E. Blumstein* <br />Joseph J. Langel <br />Michael J. Waldspurger* <br />Margaret A. Skelton <br />Amy E. Mace <br />Erin K. Munson <br />300 U.S. Trust Building <br />730 Second Avenue South <br />Minneapolis, Minnesota 55402 <br />(612) 339-0060 <br />Fax (612) 339-0038 <br />www.ratwiklaw.com <br />February 23,2004 <br />Mr. Jeff Evenson <br />Park Proj ect Coordinator <br />Fairview Community Center <br />1910 West County Road B <br />Roseville, MN 55113 <br />RE: Roof Insulation Class Action <br />Our File No. 4002(1)-0094 <br />Dear Mr. Evenson: <br />Isaac Kaufman <br />Mark J. Girouard <br />Eric J. Quiring <br />Stacey L. Wilson <br />Eric L. Hedtke <br />Sonya J. Guggemos <br />Jennifer L. Wolf <br />" Also admitted 'm Wiscansin <br />** Civil Trial Specialist <br />Certified by the Minnesota <br />State Bar Association <br /># Real Property Law Specialist <br />Certified by the Minnesota <br />State Bar Association <br />Enclosed are the Acceptance of Settlement, Covenant to Remediate and Release of all <br />Settled Claims ("Acceptance of Settlement") for the Roseville Ice Arena and Request for <br />Extension, which I received in the mail from Jim Edwards at Phenolic Consulting ("PhenCon"). <br />These are the documents to which I referred to in our telephone conversation of February 12,2004. <br />The cover sheet on the documents is addressed to Bill Olien, however l do not know if these <br />documents have also been sent to Mr. Olien. I have also included a copy of the excerpts from the <br />Stipulation of Class Action Settlement, which was also in the mailing. <br />I have reviewed the Acceptance of Settlement. It is the same document which was <br />provided by PhenCon previously, but with some of the blanks on the first two pages completed. It <br />appears to be a fairly straight-forward settlement and release of all claims between the City and <br />Beazer East, Inc., the company which manufactured the phenolic foam insulation. However, there <br />are a few provisions of which you should take note. <br />As we discussed previously, Paragraph 3.1 of the Acceptance of Settlement binds the City <br />to commence construction within 60 days, unless an extension is requested and received. The <br />attached Request for Extension appears to cover all of the circumstances for which the City needs <br />an extension. Prior to signing the Agreement, the City may wish to have Jim Edwards confirm <br />with the Claims Office that they will allow a six to seven month extension (until <br />AugustlSeptember 2004). <br />