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94-21167 Reso Exhibit to Promisory Note " ~ ... . . EXBIBYT wI- TO PROMISSORY NOti , . The amounc of the annual principal payment shall be determined as follows: The undersigned shall pay to Holder the greater of one-fifteenth (1./15th) of the original principal balance of this note, and the amount, after crediting the undersigned with any prior payments made to reduce the balance of this note, which is the percentagc of the original principal balance that is the percentage of the number of residential units of the Sunset Harbour development that have closed as of che date that the yearly payment is due. For example, if the original principal balance is $1,000,000 and the undersigned have not closed on any units ,i n years one and two, then, as of year 2 of the note, the undersigned will have paid Holder $66,667 per year for a total of $133,334 (1/15 x $1,000,000 - $66,667 per year; $66,667 x 2 = $133,334). Using the same example, if, as of che third year, the undersigned have closed on forty (40%) percent of the residential units, the undersigned will have to have paid Holder by year 3, the sum of $400,000 because 40% of $1,000,000 is $400,000. However, the actual payment due would be $266,666 because the undersigned are credited with the payments made in the previous two years in'the total amount of $B3,334, and $266,666 ($400,000 - $133,334 _ $266,666) is greater than the 1/15 payment of $66,667. If, in year 4, the number of total units closed stays at forty (40t) percent, then the undersigned will pay to Holder that year' $66,'667,' because $66,667 is greater than $0 (The undersigned have already paid Holder $400,000 and, under the percentage test, the total due to have been paid by that year is $400,000, or forty (40%) percent (number of units closed) of $1,000,000 (original principal balance)). MQ/40'-10/202'2.01/~/O"4 " . . .. '. L:\HOMEIFELlXISEFPIYCSEISTRTSCP,WK4 Sunset Harbour Infrastructure Improvements Schedule Sunset Sunset Sunset Harbour Harbour Harbour Townhomes North South Total Perc. Closed Units 19 219 0 238 48.57% Unclosed Units 31 9 212 252 51.43% Total Units 50 228 212 490 100.00% Original Amount 1,000,000.00 Percentage of Closed Units 48.57% 485,700.00 (261,753.50) 223.946.50 Gross Scheduled Payment Less: Advance Payments Net Scheduled Payment . . . .. . ~ . . Yacht Club Southeastern, Inc. February 21, 1997 ~tl.,<: /;? 1. ?o.:<J> Mr. David Cates Capital Projects Coordinator City ofMiaini Beach 1700 Convention Center Drive Engineering - 4th Floor Miami Beach, FL 33139 Dear David: Pursuant to our recent conversation, please accept this letter as our request to defer the work which was scheduled to be done in front of Sunset Harbour's South Tower by the City's contractor, PNM Construction Corporation. The work in question relates to sidewalk curb and gutter and other items described more particularly in PNM's contract with the City. We have agreed that it makes sense to defer this work because of the construction activity presently ongoing at the South Tower, which activity will continue for quite some period of time. Obviously, it makes no sense for the work to be done only to have it broken up or destroyed by the construction activity taking place at the South Tower. We are agreeable to having the City and its contractor come back at a later time to do the work once site conditions permit completing work in that area. Because it is the City's contractual responsibility for this work to be done, the City will presumably receive credit from the contractor at this time. At some time in the future, when the work is to be done, the City would still be responsible to pay for the cost of said work, or we would entertain the possibility of our company doing the work at that time with the understanding, of course, that those costs would be deducted from our obligation as part of the streetscape agreement for Sunset Harbour Drive. J trust that this letter meets with your aproval, and if you have any questions or comments, please do not hesitate to contact me. Very truly yours, YACHT CLUB SOUTHEASTERN, INC. IIO~ Vice President 11S:dm ~~,. I If)!IHIlIfWAYNIWIND. . SUITJC402' MJAMI.Jfr..oIUDA:J3J1lJ . 1:IOr.)HII\.7111l7' 'AX(:Il1/1)HlJI.IlIlr.4 ~4.:!i/ ^""t'"" lIo""'''I""""t hy" o"lIoilll,,1')' "rtlll' "M:1l'1C IN'/'I\IINN/'JIIIMI. f\Cjllf'/'Il'.H. I Nt:, (jl/'UI' "r<:"1II1""""o,