Bar Harbor Lease PRA Request

February 27, 2008
                                               

Mr. Santos H. Kreimann
Deputy Director
Department of Beaches and Harbors

13837 Fiji Way
Marina del Rey, CA 90292

            Re: PRA Request Parcel 15/Esprit Two LLC/Lease #74729

Dear Mr. Kreimann:

Pursuant to the California Public Records Act, I request the following information regarding the Amended and Restated Lease Agreement (“Lease”) by and between County of Los Angeles (“County”) and Esprit Two LLC (“Lessee”), Parcel 15U/Lease #74729, dated as of December 29, 2003. All Capitalized Terms shall have the meaning ascribed to them in the Lease.

1.       (a) What has the County calculated the calendar date of the Anticipated Commencement Date to be? (b) Have there been any extensions of the Anticipated Commencement Date?
2.       Has Lessee notified the Director of Beaches and Harbors in writing, pursuant to Section 5.5.3.1 (a), of any alleged Unreasonable County Activity?
3.       If yes, please furnish dates and type of alleged Unreasonable County Activity along with copies of notice(s) provided to the Director.
4.       Additionally, have any extensions of the Anticipated Commencement Date and/or the Outside Completion Date been granted under Section 5.5.3.1?
5.       Have there been any injunctions preventing the commencement of construction pursuant to Section 5.5.3.2? If so, please provide documentation.
6.       Have there been any extensions of the Anticipated Commencement Date pursuant to Section 5.5.3.2?
7.       Reference is made to Section 5.5.3.3, (a) Has Lessee been pursuing the process of obtaining all permits, approvals, and other items necessary for the Substantial Commencement of Construction with due diligence? (b) Have all Improvements specified and plans and specifications (sic) submitted by Lessee in connection with any such permit, approval or other item substantially conformed to the Final Redevelopment Work Plans and Specifications and the land use laws and regulations and the Local Coastal Plan existing as of the date of execution of this Lease by Lessee.
8.       Please provide any and all documentation and/or explanation(s) regarding Lessee’s failure to cause Substantial Commencement of Construction on or before the Anticipated Commencement Date.

Sincerely,

David Barish
14014 Panay Way, Apt 262
Marina del Rey, CA 90292