Ill] 8. Phillips Ave . Suste 100 Sioux Falls. SD 57 . PU Box 2208 ?Hi? 1 I I1 SIOUX Falls. SD 5710] 805 432 8900 QUAI NTAN CE H305 388 7895 autumnal Murray Ogborn Murray. OMOLegal. com September 26, 2019 VIA HAND DELIVERY US MAIL Mr. Shawn Pritchett Director of Finance, City of Sioux Falls 224 West 9th Street Sioux Falls, SD 57104 Mr. Paul TenI-Iaken Mayor, City of Sioux Falls 224 West 9th Street Sioux Falls, SD 57104 Re: Claims by Larry Can?eld, Paul Cink, Norman Drake and Jeffrey Lamont against the City of Sioux Falls Dear Mayor TenHaken and Director Pritchett: Pursuant to SDCL3 ?21-2, notice is hereby given to the City of Sioux Falls (?City?) of claims by Jeffrey Lamont (represented by Siegel Barnett Schutz, LLP., 415 S. Main Street 400 Capital Building, PO. Box 490 Aberdeen, South Dakota 57402-0490) and Larry Can?eld, Paul Cink, and Norman Drake (represented by Ogborn Mihm Quaintance Prof. L.L.C) (collectively the ?Parties?) based on rights arising from improper acts and/or omissions by the City with regard to the Completion Guarantee dated January 5, 2018 and executed by the Parties in connection with the transfer of the 100 South Mall Avenue development project (the ?Proj ect?) to Village River Group, LLC Because these claims may be brought against the City, SDCL 3-21-3(2) requires that this notice be sent to either of you as the Mayor and the City Finance Of?cer. Under the Completion Guarantee, as set forth in Paragraphs 2 and 9, the four individuals on the behalves of whom this notice is given, the Parties jointly and severally agreed to guarantee the completion of the Project in accordance with the Development Agreement. As joint and several Guarantors, any or all of them possess the right to take over performances under the Development Agreement and complete the Project, as the Parties hereby give notice of their intent to so do. The Parties intend to enforce this right in court if satisfactory completion of the Project cannot be otherwise resolved. Denver i Les Angeles Sioux Falls Mr. Pritchett Mr. TenHaken September 26, 2019 Page 2 The City? wrongful acts and/or omissions, including without limitation those relating to the Development Agreement, its termination and the City?s May 14, 2019 letter to the Parties giving notice of an intent to claim damages against the Parties and acts and/ or omissions by the City in reckless and negligent disregard of the rights of the Parties after termination of the Development Agreement, give rise to claims, hereby noticed, for wrongful, willful, malicious, fraudulent and/or oppressive breach of contract, civil conspiracy in doing so, violation of the Fourth, Fifth and Fourteenth Amendments to the Constitution of the United States, 42 1983 and 1985 Civil Rights violations, and tortious interference with contractual and business relations and expectancies. Sincerely, 0GBORN MIHM QUAINTANCE Prof. L.L.C a, a Murray Ogborn cc: Reed Rasmussen ?0 8. Phillips Ave . Sun?s 00 SIOUX Falls. SD 57104 . P0 Box 2208 Sioux Falls. 6710 1.111. 335 432 3933 {335 333.7335 cum Murray 0gb0rn Murray. Ogbomfii), OMOLegal. com September 26, 2019 VIA HAND DELIVERY US MAIL Mr. Shawn Pritchett Director of Finance, City of Sioux Falls 224 West 9th Street Sioux Falls, SD 57104 Mr. Paul TenHaken Mayor, City of Sioux Falls 224 West 9th Street Sioux Falls, SD 57104 Re: Claims by Legacy Development Consulting Company, LLC Dear Mayor TenHaken and Director Pritchett: Pursuant to SDCL3-21-2, notice is hereby given to the City of Sioux Falls (?City?) of claims by Legacy Development Consulting, LLC (?Legacy?), related to rights arising from improper acts and/or omissions by the City in conjunction with the Ground Lease dated December 29, 2017, the January 5, 2018 Assignment and Assumption Agreement, the Operation and Easement Agreement dated December 29, 2017, and the Development Agreement of December 29, 2017, executed by the Parties in connection with the transfer of the 100 South Mall Avenue development project (the ?Proj ect?) to Village River Group, LLC Because these claims may be brought against the City, SDCL 3-21-3(2) requires that this notice be sent to either of you as the Mayor and the City Finance Of?cer. Legacy was deprived of its rights to enjoy proceeds from the Project by the acts and omissions of the City, including termination of the Ground Lease and the Development Agreement and the acts and/or omissions by the City in reckless and negligent disregard of the rights of VRG under the Development Agreement, all of which gives rise to claims, hereby noticed, for wrongful, willful, malicious, fraudulent and/or oppressive termination, civil Denver Los Angales I Sioux Falls Mr. Pritchett Mr. TenHaken September 26, 2019 Page 2 conspiracy in doing so, Violation of the Fourth, Fifth and Fourteenth Amendments to the Constitution of the United States, 42 and 1985 Civil Rights violations, and tortious interference with contractual and business relations and expectancy. Sincerely, OGBORN MIHM QUAINTANCE Prof. L.L.C Murray Ogborn