SITE INFORMATION AND CORRESPONDENCE_1997

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MAY 8'97 9: 12 FR LEVINE FRICKE 510 6524906 TO 12094663433 P.03iO4 ZEVNIK HORTON GuiaoRt7 & McGOVERN Donald T. Bradshaw, R.G. LevineeFricke•Recon Inc. May 5, 1997 Page 2 Pursuant to the Court ordered mandates. the proposed installation activities should take place during the hours of 8:00 p-m. and 7:00 a.m. Yaur April 29, 1997 request for Site access tridicates that the SDCDs have proposed daylight hours to minimize impact on the neighbors of Lincoln Center. However, LPL does not believe that Lincoln Center's neighbors to the West of Gettysburg Place will be sigm6eandy impacted by the installation Kdvlem, LPL believes that rhe minimal impact on Lincoln Center's neighbors is more than outweighed by the adverse impact that daytime access would have on Lincoln Center, its tenants and its customers. LPL believes that the modification of LFR's schedule is minor in light of the concerns set forth above and the clear mandate in the First Final Consent Decree that the SDCDs, to the maximwn extent practicable, not interfere with the operations of Lincoln Caner. LPL will need a scbedule of the activities to be conducted over the two-week period, as well as at least 24 hours advance notice of any significant scheduling changes or delays, so it can arrange its field oversight staff. Consistent with past activities, LPL's representatives with offices at Lincoln Center will observe the iasallatm Work on an mtert ittem basis over the course of the two week period. The grant of access contained herein is conditioned upon the understanding that the work to be conducted will proceed with all deliberate haste, while simultaneously observing the requirement contained in the Permanent Injunction and the First Final Consent Decree that the SDCDs must, to the maximum extent practicable, not interfere with the operation of Lincoln Center or with the operation of the business of any tenant of Lincoln Center. In conclusion, LPL is granting the SDCDs access for these activities as an accommodation to the Special Master, in spite of the fact that the Special Master has not determined that the SDCDs are in full compliance with the insurance requirements of the Permanent Injunetiou and the First Final Consent Decree. In the event that the Special Master determines that additional or modified insurance is required to satisfy the provisions of the applicable Orders, this grant of access will be conditioned upon the SDCDs' making every effort to have that insurance in place prior to completing the pending work. Please contact me at(312) 977-2550 should you have any questions or concerns regarding this grant of access. Cordially, Douglas W. Michaud PAY 05 '97 15:00 1 312 977 2550 PAGE.03