Message-ID: <4609450.1075846024247.JavaMail.evans@thyme> Date: Wed, 30 May 2001 11:36:00 -0700 (PDT) From: kay.mann@enron.com To: steven.krimsky@enron.com, ben.jacoby@enron.com Subject: Deerfield development agreement Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Kay Mann X-To: Steven Krimsky, Ben Jacoby X-cc: X-bcc: X-Folder: \Kay_Mann_June2001_3\Notes Folders\Sent X-Origin: MANN-K X-FileName: kmann.nsf Here are my initial comments: There's no clear triggering event which would expedite the internal approval process. For instance, paragraph 3 is a current obligation (re landscaping). It would be easier to process this agreement if the effectiveness of this agreement commences when we file for a building permit. I understand that we would have to pay some of this prior to the time the permit is issued, but again, magic words help. Paragraph 6 on right of first refusal for power. Looks like a free call for the next 30 years. Just want to make sure you've bought in on this. Other than the obvious valuation impact, it could impact a purchaser's ability to obtain project financing. Kay