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. , . • <br /> Phone (707) 542-4800 <br /> D D Fax (707) 542-4880 <br /> Brooke K. Birkie <br /> Attorney at Law <br /> 00 JUL 20 AH��: 06 <br /> 50 Santa Rosa Avenue, 5[h Floor <br /> Santa Rosa, CA 95401 <br /> E-Mail: BKBIRKIE®aol.com <br /> July 18,2000 <br /> VIA FACSIMILE <br /> Mr. Andrew Smith <br /> Herman& Helen's Marina <br /> Venice Island Ferry <br /> Stockton CA 95219 <br /> Re: Access for Herman & Helen's Marina <br /> Dear Mr. Smith: <br /> This letter follows up on your oral request to resume our discussions regarding <br /> access by Herman and Helen's' Marina to the Narducci property. My client,the Bank of <br /> Stockton, has always been willing to provide reasonable access to the property. I checked <br /> in with my client and understand that your attorney has been in contact with the bank. <br /> Should I be in communication with you or your attorney on this matter? Regardless, the <br /> Bank has a responsibility to act like a normal reasonably prudent business entity. Fifteen <br /> months ago we were in the process of ensuring that Herman&Helen's Marina provides <br /> standard reasonable assurances before entering the property. <br /> You have indicated a renewed immediacy on the matter from Mr. Ron Rowe of <br /> San Joaquin County, the regulatory staff person overseeing this site. I am willing to work <br /> quickly on this matter, but believe that Herman and Helen's needs to do their part on this <br /> matter. During our conversation earlier this month, without reviewing the file, I had <br /> stated that I thought this matter might have stalled out because Mr. David Smith had not <br /> resolved the insurance issue. I then obtained a copy of the last correspondence from my <br /> office to Mr. David M. Smith of Herman&Helen's Marina dated March 3, 1999, and <br /> facsimiled it to you on July 11, 2000. <br /> I am concerned because when I returned on Monday, I received a voicemail from <br /> you suggesting that I was to be acting on this matter. I was under the impression that you <br /> would be taking action to address the four issues outlined in the March 3, 1999 letter of <br /> some fifteen months ago. <br /> 1. 1 have amended the indemnification language to address Herman & Helen's concerns. <br /> I need confirmation that this paragraph will address your concerns. <br />