Financial- Vandermay Law Firm (Previous Tenant)

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Dan Berrey April 4, 1997 Page 3 until after January 1, 1997.1 As of today, Mr. VanderMay has not signed a lease for the space, although various tenant improvements have been requested by the firm and we expect that the lease will be signed within the next week or so.2 It appears that all of the above-described events which render a business '~displaced" for relocation benefit purposes occurred prior to Mr. VanderMay's signing of the letter of intent on the new space in early 1997. Our records reflect that you contacted Mr. VanderMay by letter dated September 30, 1996, identified yourself as "the Broker / Developer of the Courthouse Square project " and indicated that you had enterAd into an agreement with Mr. Goldberg's estate to purchase the 547 Court Street building. Thus, negotiations for the acquisition must have commenced prior to that date. Further, by letter dated November 14, 1996,~Ms. Elyn Lyon informed VanderMay & Doyle that Marion County had purchased the 547 Court Street building on November 6, 1996. Given that VanderMay & Doyle's plans for new office space were not finalized until well after the County both indicated its intent to acquire and actually acquired the 547 Court Street property, the firm falls squarely within the definition of displaced person set forth in 49 C.F.R. sec. 24.2 (g) (1) (i) . Additionally, even if we assume arauendo that VanderMay & Doyle does not fall within the above-stated definition, the firm also qualifies as a displaced person under section 24.2(g)(1)(ii), which applies to persons displaced ~~[a]s a direct result of rehabilitation or demolition for a project.~~ As you know, the construction of the 12th Street building is not yet complete. Although the contractor has agreed to have the firm~s space ready for occupancy by April 19, 1997, as I understand it not every aspect of the project, such as some of the common areas and a large portion of the parking area, will be completed by that time. Further, I have been informed that the building's other tenants will not move into the building until sometime after April 21, 1 Although Mr. VanderMay acquired an equity interest in the 12th Street project prior to signing the letter of intent, the issues of an ownership interest in the project and the firm's tenancy therein were separately considered. 2 I refer to Mr. VanderMay's negotiations because in late 1996 or early 1997 Mr. Doyle indicated that he would be leaving the firm as of April 1, 1997. Although the firm will be relocating to the new 12th Street building, as far as I know Mr. Doyle has not yet finalized his plans. As such, neither principal in VanderMay & Doyle had finalized relocation plans prior to the County's acquisition of the 547 Court Street property.