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Stuart:
Yes. My view of the remaining activities is as follows: #1. We (Mark Gershon/Karen Way/myself) are currently working with the Village of Manhattan to fufil our obligation under the Annexation Agreement to complete certain roadway improvements. The Village has conducted a bid process and selected a winning bidder to complete the work. Unfortunately, no bidders submitted a fixed price bid to the Village. The Village wants us to assume the financial risk (up to $500k) of any cost overruns. We have pointed out that the annexation Agreement does not require us to assume that risk. We are attempting to work this situation out with the Village. #2. Karen Way is working with Chicago Title to bring to closure the issues related to the pipeline lateral easements and obtain the title policy on the entire lateral. It was recently brought to our attention that during the pipeline's construction the lateral was routed across a piece of People's Energy property without an easement being executed. The pipeline project manager (Dave Lazzarro is currently working to obtain this easement). Stuart: Can you confirm for Karen/myself if the Northern Border easement was recorded? #3. Mark/myself are working with the Village and the plant manager on these issues. There are only a couple of improvements still remaining to be completed including a ditch being re-graded and possibly a road re-graded with gravel. This should represent a small time commitment to close out. #4. Mark/myself are working with the Village on this issue. We have notified our surveyor of our need to prepare platts of dedication for the two roadways bordering the project site. The first one to be completed should be Pauling road since that is the roadway that issue #1 relates to (the project owns to the middle of the roadway - we do not wish construction workers working on our property and creating any potential liability). #5. There are no current plans for expansion of the facility, so this item should require negligible work. We have filed an air permit application for an additional 7FA turbine at the Project, but this is just to allow for expansion if we choose to do so. The annexation Agreement allows us to expand the facility without any additional local approvals. Additional: I have had discussions with Merle Churchill (plant manager) regarding the potential purpose of an 8 acre parcel nearby. Merle has been approached by a local electrical contractor who would like to relocate his shop out to the county. This 8 acre parcel would be ideal and would allow us to close out a potential sound receptor necessary for the expansion turbine. Also, the potential need for a special use permit for the generator lead needs to be evaluated. I will talk with Mark Gershon on this issue. If we decide to proceed, then this would likely be a 3-4 month project, similar to what we completed on the facility last year. In general, I am working to wrap up Piper Rudnick's(PR) work on the Lincoln Energy Center ASAP. With regard to other Illinois development sites (Pontiac and Plano), I have tried to keep the majority of the work to Mark Gershon and Karen Way. There have been some cases where others were needed and I have tried to limit their roles to very short, specific engagements (environmental, sound, real estate). I met with Chris Townsend 3 weeks ago and stressed our desire to have Mark and Karen handling the majority of the development work (in my opinion, they are the best and most productive uses of personnel at PR). The rapid speed of our development activities at Plano and Pontiac have required them to take on very integrated roles. This pushes the costs up but also is a big part of our successes, thereby eliminating the need to re-complete numerous stages of the lengthy zoning process which exist in Illinois counties. Having said that, we need to watch PR and their charges closely as they have a tendency to want to involve additional people into our development activities. Call me to discuss. Fred From: Stuart Zisman on 09/28/2000 09:26 AM To: Fred Mitro/HOU/ECT@ECT cc: Subject: Status of the Lincoln Energy Center/Boseo/Manhattan matter Any thoughts on this? ----- Forwarded by Stuart Zisman/HOU/ECT on 09/28/2000 09:26 AM ----- "Townsend, Christopher J. - CHI" <chris.townsend@piperrudnick.com< 09/26/2000 08:50 AM To: Stuart Zisman/HOU/ECT@ECT cc: "Gershon, Mark A. - CHI" <Mark.Gershon@piperrudnick.com<, "Way, Karen S. - CHI" <karen.way@piperrudnick.com< Subject: Status of the Lincoln Energy Center/Boseo/Manhattan matter Stuart: I received your voicemail late on Friday and will forward the August invoices to Shelia Tweed, as you requested. Additionally, I contacted Mark Gershon and Karen Way to confirm the current status of the Lincoln Energy Center/Boseo/Manhattan matter. While the most significant annexation and zoning issues have been addressed by establishing the zoning and annexation agreement for the Lincoln Energy Center, there remain certain ongoing matters in which the firm may be involved, including the following: 1. Finalizing the terms of the Roadway Construction Escrow Trust and Disbursing Agreement with the Village of Manhattan and addressing roadway construction issues. 2. Completing the review of all pipeline easements with People's Energy and Chicago Title Insurance Company and securing the issuance of the final, master Title Policy. 3. Completing those outstanding improvements on the facility property currently covered by the Corporate Guaranty in the possession of the Village of Manhattan. 4. Completing the dedication of surrounding roadways. 5. Addressing any potential expansion or modification of the Project. Additionally, Fred Mitro has indicated that ENA may (a) acquire additional nearby property and/or (b) secure a final Special Use Permit over the Interconnection through Will County. As always, please do not hesitate to contact me (312-368-4039), Mark Gershon (312-368-2127) or Karen Way (312-368-2152) if you have any questions. Additionally, please let me know if you would like to re-establish the regularly scheduled updates regarding the status of the Lincoln Energy Center. Christopher J. Townsend Piper Marbury Rudnick & Wolfe 203 N. LaSalle Street Chicago, IL 60601 (312) 368-4039 (direct line) (312) 630-6300 (direct fax) christopher.townsend@piperrudnick.com ____________________________________________________________________________ The e-mail address and domain name of the sender changed on November 1, 1999. Please update your records. 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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