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Enron Mail |
---------------------- Forwarded by Kay Mann/Corp/Enron on 10/04/2000 05:37
PM --------------------------- "Gershon, Mark A. - CHI" <Mark.Gershon@piperrudnick.com< on 10/04/2000 05:13:00 PM To: "'Rusty.Stevens@enron.com'" <Rusty.Stevens@enron.com<, "Gershon, Mark A. - CHI" <Mark.Gershon@piperrudnick.com< cc: "'Kay.Mann@enron.com'" <Kay.Mann@enron.com<, "'fred.mitro@enron.com'" <fred.mitro@enron.com<, "Way, Karen S. - CHI" <karen.way@piperrudnick.com< Subject: RE: Livingston County Approval Issues - ISSUES FOR TODAY Thank you for the heads up on the Schaeffer parcel. Just a reminder that if we want to use that site for a laydown parcel it may be necessary to obtain approval from the County to do so. After Thursday night we can discuss the proper method of confirming this with the County. Please keep in mind that while a we hope to obtain approval of a motion on Thursday night, formal approval will not occur until next month's ZBA hearing when written findings will be adopted. Mark A. Gershon Piper Marbury Rudnick & Wolfe Phone: (312) 368-2127 Fax: (312) 630-5338 Mark.Gershon@PiperRudnick.com -----Original Message----- From: Rusty.Stevens@enron.com [SMTP:Rusty.Stevens@enron.com] Sent: Wednesday, October 04, 2000 4:42 PM To: Gershon, Mark A. - CHI Cc: 'Kay.Mann@enron.com'; 'rusty.stevens@enron.com'; 'fred.mitro@enron.com'; Way, Karen S. - CHI Subject: RE: Livingston County Approval Issues - ISSUES FOR TODAY Mark, FYI - I plan to approach Mr. Schaeffer (the 28 acre tract to the immediate west of the site) to option that tract as well once we get done with the ZBA on Thursday (assuming it goes off without a hitch). We want to option that tract so it could be used as construction laydown, and more importantly to control the parcel across from the plant site. The plan would be to buy the tract, but let him have rights to farming it - once we're done using it for laydown. This gives us a buffer tract for sound mitigation etc. as well. "Gershon, Mark A. - CHI" <Mark.Gershon@piperrudnick.com< on 10/04/2000 04:09:26 PM To: "'Kay.Mann@enron.com'" <Kay.Mann@enron.com< cc: "'rusty.stevens@enron.com'" <rusty.stevens@enron.com<, "'fred.mitro@enron.com'" <fred.mitro@enron.com<, "Way, Karen S. - CHI" <karen.way@piperrudnick.com< Subject: RE: Livingston County Approval Issues - ISSUES FOR TODAY Titan Land Development Co., L.L.C. holds the options on the 3 properties in Livingston County. If you were to acquire those properties and develop the Facility it is my understanding that Titan would be the entity that would be the owner of the Property and the Facility. The proposed Conditions were drafted to apply to the party defined as the "Owner" and not specifically to Titan or ENA. Proposed Condition No. 12 provides that: The Special Use approved by this ordinance and all of the conditions, obligations and rights provided for herein shall run with the ownership of the land and the Facility. For purposes of this Special Use, "Owner" shall include the owner of the Property and the owner and/or operator of the Facility. Therefore, the conditions of the Special Use, including the obligation to make the Escrow payment, should not apply to Titan until acquisition of the Property or development of the Facility. In the unlikely scenario that Titan was to acquire the Property but not develop it, failure to satisfy the Conditions should only relate to the right to use the Property for the Facility. I am working with the County to get a copy of the final ordinance or resolution (they have not completed it yet) to confirm that it is consistent with this proposal. Please let me know if I should pursue the balance sheet treatment with your tax department. If you have any questions or I can be of any further assistance please let me know. Mark A. Gershon Piper Marbury Rudnick & Wolfe Phone: (312) 368-2127 Fax: (312) 630-5338 Mark.Gershon@PiperRudnick.com -----Original Message----- From: Kay.Mann@enron.com [SMTP:Kay.Mann@enron.com] Sent: Wednesday, October 04, 2000 2:58 PM To: Gershon, Mark A. - CHI Cc: 'rusty.stevens@enron.com'; 'fred.mitro@enron.com' Subject: Re: Livingston County Approval Issues - ISSUES FOR TODAY Mark, I've reviewed the fax sent yesterday with the Proposed Conditions to Special Use for Livingston Energy Center. Is Titan Land Development the Owner? Will it be necessary for Titan to make the escrow payment prior to exercising the relevant land options and the commencement of construction? I do not know whether these agreements and/or the making of the deposit would impact the balance sheet treatment, but I understand from Fred that we are not concerned about the balance sheet treatment for this project. Kay "Gershon, Mark A. - CHI" <Mark.Gershon@piperrudnick.com< on 10/04/2000 12:29:24 PM To: "'kay.mann@enron.com'" <kay.mann@enron.com<, "'rusty.stevens@enron.com'" <rusty.stevens@enron.com<, "'fred.mitro@enron.com'" <fred.mitro@enron.com< cc: "Townsend, Christopher J. - CHI" <chris.townsend@piperrudnick.com<, "Way, Karen S. - CHI" <karen.way@piperrudnick.com< Subject: Livingston County Approval Issues - ISSUES FOR TODAY As you know we are scheduled to appear before the Livingston County Zoning Board of Appeals ("ZBA") tomorrow evening for initial approval of the Livingston Energy Center (the "Facility"). Assuming, we receive a vote to approve the Facility, the ZBA will be approving the Conditions of Approval of the Special Use sent out yesterday for everyone's final approval and sign-off. Please note that we have incorporated into these conditions the stormwater management conditions, township and county highway roadway conditions, and other matters. If there are any changes or modifications to these conditions, our ability to incorporate may be limited if they are not received by 4pm today. Of course, if necessary, we will attempt to make modifications after that time. It is possible based on on-going negotiations with the County and our neighbors that additional changes may be required today or tomorrow. We will of course contact you immediately if that occurs. If you have any questions, please do not hesitate to call or email Karen or me. Thanks. Mark A. Gershon Piper Marbury Rudnick & Wolfe Phone: (312) 368-2127 Fax: (312) 630-5338 Mark.Gershon@PiperRudnick.com ____________________________________________________________________________ The information contained in this communication may be confidential, is intended only for the use of the recipient named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and delete the original message and any copy of it from your computer system. Thank you. For more information about Piper Marbury Rudnick & Wolfe, please visit us at http://www.piperrudnick.com/ ____________________________________________________________________________ ____________________________________________________________________________ The information contained in this communication may be confidential, is intended only for the use of the recipient named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and delete the original message and any copy of it from your computer system. Thank you. For more information about Piper Marbury Rudnick & Wolfe, please visit us at http://www.piperrudnick.com/ ____________________________________________________________________________ ____________________________________________________________________________ The information contained in this communication may be confidential, is intended only for the use of the recipient named above, and may be legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please re-send this communication to the sender and delete the original message and any copy of it from your computer system. Thank you. For more information about Piper Marbury Rudnick & Wolfe, please visit us at http://www.piperrudnick.com/ ____________________________________________________________________________
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