- M. . peCk a; .: 5:3 721?1350 e?rj'e SChlemmer Bidet]: (SMI-igriiBPBSiawcom A LEGAL PRDFESSIONAL ASSOCIATEDN August 1 1, 2020 VIA ELECTRONIC MAIL ONLY Steven J. Megerle, Esq. Todd McMurtry, Esq. Megerle Law Hemmer, DeFrank, Wessels PO. Box 2613 250 Grandview Drive, Suite 500 Covington, Ky. 41012 Fort Mitchell, KY. 41017 sjm4880@aol.com tmcmurtry@hemmerlaw.com RE: Beverly Hills Supper Club Zone Map Amendment Change Dear Mr. Megerle and Mr. McMurtry: This firm represents Ashley Commercial Group with regard to the above-referenced matter. 1 am in receipt of your letter dated August 4, 2020 where you raised various concerns with Ashley Commercial Group?s proposed development. I have shared your correspondence as well as your client?s letters with Ashley. We are aware that the site of the proposed development is on the same property that once was once the home of the Beverly Hills Supper Club and was the site of a catastrophic fire that occurred on May 28, 1977. There is no denying the tragic loss of life that occurred that fateful night nor the impact it has had on the community as well of the descendants of those who perished. To this day, this remains one of the most disastrous events to happen in Northern Kentucky?s history. I would also like to directly acknowledge the pain that your clients have experienced over the last forty-three years as a result of this fire. Nonetheless, we find that the arguments you have raised in your letter have no merit. I would refer you to Mary Ann. Stewart, Southgate City Attorney?s, August 5, 2020 letter to you that addresses each of your claims in detail. In particular, we ?nd that your argument that this property is a burial site is baseless. While there were many who lost their lives that evening, there is simply no factual or legal support that this property was ever set apart or used for burial purposes as required by KRS 381.710. Additionally, this property has always been private property. Accordingly, the city of Southgate has no duty to protect this property pursuant to KRS 381.690. Nor is an archeological survey appropriate under these circumstances. As your and your client?s letters indicate, there were signi?cant efforts to recover and return the remains of the victims after this ?re. orty?three years later, this property has remained unoccupied. Until now, we are unaware of any efforts by your clients to conduct any further searches for their loved ones? remains. It is readily apparent that you merely seek to delay this development by making baseless legal arguments at the eleventh hour. Ghio - Oakley Square: Kentucky: 3074 Madison Road 30 E. Eighth Street, Ste 200 Cincinnati, Ohio 45209 Newport, Kentucky 41071 (513) 7214350 (859) 547?1382 (513)721-2301Fax Lega! Counsel! Since 18.97 1-888~202-1694Fax Steven J. Megerle, Esq. Todd McMurtry, Esq. August 1 1, 2020 Page 2 Ashley is mindful of the pain this site brings to many in the community, including your clients. They have made concerted efforts to coordinate with the community by working with interested parties that have been proposing a memorial on the site for decades. Your clients have consistently refused to work with the established memorial group. It was not until the name of the developer was revealed that your clients have decided to make their voices heard. Ashley has offered to include restrictions in the homeowner declarations for the site which would grant Beverly Hills Supper club survivors, their descendants, and others who were affected the right to visit the site and place a memorial there. This is in addition to the main memorial designed for US 27 with the input of the main memorial group. You have requested that the parties meet prior to the second reading currently scheduled to take place on Wednesday, August 19, 2020. While we believe that we have listened to your clients? concerns and demands, we have agreed to meet with you and your clients. I would like to again note our objection to having the mayor or any council members present as we believe this is highly inappropriate and unnecessary in this context. With that being said, we would like to offer the following proposals for your consideration prior to your proposed meeting. 1. First, there is no evidence that any human remains exist on the site from the tragedy that occurred. In fact, there are numerous records that verify and indicate all the deceased were accounted for and that any remains were removed and examined by the coroner. Nevertheless, the developer agrees that if any human remains are discovered on the site during the site development work, such work will cease in the area these were discovered until they can be properly interned in accordance with the applicable local and state requirements. This is not a concession that there are, in fact, any remains on the property, nor that it is a burial site as you have suggested. Rather, this is an assurance that the developer will take all necessary action in the event any remains are found. 2. Developer, in conjunction with the city and other community members, shall continue to work collaboratively in creating the design of the memorial. This working group will include representatives of family members of victims, first responders, and other community stakeholders. The design shall be consistent with the outline as indicated in the approved Development Agreement with the City of Southgate and Ashley Commercial Group. In additional to the reference point in the Park at the top of the hill through placement of a marker or placard depicting a map as to where the Beverly Hills Supper Club was once located, the Clients of Steven Megerle and/or Todd McMurtry, who are still to be completely identi?ed, may pay for and/or independently raise funds for the installation of a fountain similar to the one outside of the garden room in the Park. All costs including all permits, materials and labor, associated required utilities, electrical, plumbing shall be their responsibility. Any installation must be completed in conjunction with the developer of this Park. 3. Developer agrees to grant Access to the HOA common greenspace and park through a license as documented in a recorded HOA declaration. The proposed language is as follows: Steven J. Megerle, Esq. Todd McMurtry, Esq. l) August 1 1, 2020 Page 3 ?Limited Public Access License to Certain Common Areas. The portion of the Common Area identi?ed as the ?Park? in Exhibit A (?Park?) is subject to a limited, non?exclusive license (?License?) for the bene?t of individuals directly affected as a survivor, immediate family member of those that died, or ?rst responder to the Beverly Hills Supper Club Fire event which occurred on May 28, 1977 Group?). This limited, non-exclusive License provides the following: a. The right for any person who is a member of the BHSC Group to visit the Park for general memorial and recognition purposes on the date of the anniversary of the Beverly Hills Supper Club Fire which is May 28th (such date of each year the ?Anniversary Day?). The right for any person who is a member of the BHSC Group to visit the Park for general memorial and recognition purposes at times other than the Anniversary Day after receipt of prior approval from the Board of Directors of the Association, by making individual and speci?c requests to the Board of Directors of the Association. Visitation access requested in accordance with this Article 111, Section 6, and the procedures and regulations issued pursuant to Article 111, Section 6, subsection 0), below shall not be unreasonably withheld. The License is subject to the general rights and obligations of this Declaration, the By-Laws and rules and regulations adopted by the Board of Directors of the Association and such other terms and conditions as may be established, changed or revised in accordance with the By-Laws, provided such restrictions and procedures do not terminate or unreasonably limit the License. The use of the License by the BHSC Group shall not create undue hardship, privacy concerns, or other detriment to a Lot Owner or Lot Owners reasonable enjoyment or use of the Park. Notwithstanding the provisions of Article XII, Section 6 Amendment, the License shall not be terminated or this Article 111, Section 6 amended without the prior written consent of the City of Southgate, Kentucky. c. Grant family members, ?rst responders, their families, and the public reasonable access to the memorial through a license, easement, or other binding legal instrument on successor title holders in perpetuity. Ashley has taken steps to include and address your clients? concerns as indicated in the record. We remain committed to listening to community members? constructive input and work with them as to this development. I am hopeful that this meeting can be productive and that we can come to an amicable resolution. CC: Very truly yours, Sarah M. Houseman, Esq. Mary Ann Stewart, Esq. via email at MStewart@aswdlaw.com