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10/19/98 16:08 $503 373 4367 M C L~GAL ~ 001/001 <br />MARIONCDUNTYLEGAL COUNSEL <br />530 Cenrer Street N. E., Suite 312 <br />Salem OR 97301 <br />(503) 588-5220 <br />FA.Y.• 373-4367 <br />Michael J. Huru~eri <br />County Counse! <br />Jane Ellen Stonecipher <br />Assistant Counly Coun,cel <br />Gloria M. Roy <br />Assistant County Counsel <br />Timothy T.ff. Jensen <br />Assistant Counry Counsel <br />Bruce T. Armstrong <br />Assistant Counry Counsel <br />A~'tOi~lElf, - CL•lENT, PRIVIE.EG~~ <br />FACSIMILE TR.INSMI7'7'fiL FORM <br />October 19, 1998 <br />TO: <br />Randy Curtis, Interim Division Manager <br />Support Services <br />Fi~YNo: 373-4430 <br />FROM.• Mike Hansen ~~ <br />Legal Counsel ~ <br />~; Courthouse Square -- Cnmman Elements ; <br />TOTAL NUMBER OFPAGES ('tncluding this sheet): 2 <br />Randy, <br />When we nceet tomorrow, Tuesdny, Dctober 10th, I would like to give some consideratian to t/te sharing <br />of common elernent expenses as praposed in the Condo Declarations drafted by Ben. It seems [hat we sl~ould <br />6ave some flexibility in determintng how to drvide !he comman elements. I know we have an agreement on <br />sharing expef+ses for !he Itearing room on a 50-SU basis. There has also been genera[ discusston about shating <br />the cammor~ element ezpenses for tlie office building, based on the percentage of useable square joatage. I also <br />know there is an agreement that the mall unit will be self-containeJ and pay its own expenses. This has been <br />arrariged by creating tlee mnll unit as a separate unit for ownersliip. There are no common elements within tl:at <br />mal[ uitit. Tke sidewalks and driveways in and oul of tlie unit are part of lhe streetseape and graund components <br />around the project 77eese are not par! of the mall unit. <br />Be~t has divided the common elements between the parking garage and all the other eleme-ets. He has <br />bnsed tlie divisio~i far expenses upon the percentage of ownership between the two parties. He is eccluded from <br />/er`s calculations any share and common element Pxpenses for the hearfng room or the mall unit <br />Nly concern is to make sure is to make sure tliat the division of expenses is reasonable, understoad by my <br />clients, a~rd accepted. We shouldn't be adverse to consider dividing the common elements differently tharr Ben <br />has prnposed. In particular, some attention should be paid to the slab. Thrs s[ab and the pill¢rs will suppor! t6e <br />bui[ding and the bus mall, and some portion ojthe development on the north pad. However, the slab is assigned <br />to the parking unit. I would be concerned about what elements of ordinary maintenance we should ezpect for the <br />slab. Anr1, I wou[d be concerned about questions af major repairs necessitated by naturat events, such as <br />eurtbquake or, Cod forbid, some engineering n:iscalculation. You might consider the latter our "Leaning Tower <br />of Pisa" scenario. <br />Per{iaps you eould talk with Craig Lewis to get some idea of what we should expecr for maintenance <br />needs on tlie slab._ <br />IF YOU DO NOT RECEIVEALL PAGES, PLEASE CALL USAT (503) 588-5220 <br />