BERSIN PROPERTIES, LLC

Theresa Mazzullo, Chair, COMIDA 8100 City Place 50 West Main Street Rochester, New York 14614 Judy Seil Monroe County Planning & Development 50 W. Main Street Suite 8100 Rochester, N.Y. 14614 VIA EMAIL Reference is made to your letter dated February 4, 2014 threatening the termination of the PILOT Agreement dated April 7, 2009. This is to advise you we have paid the Base Amount ($392,381.22) today. We are not, however, prepared to make a so-called Supplemental Payment of $3,477,923. This is so because we believe there are substantial legal impediments to our making such payment. We also understand that, despite your February 4 letter, there will be no action taken to terminate the PILOT Agreement today. It is also our understanding that no such action will be taken until all necessary preconditions are satisfied. Accordingly, there appears to be a window of time for us to thrash out these issues. Please advise how you wish to proceed. Sincerely,

James R. Giuliano Partner Bersin Properties, LLC
AFDOCS/10948437.1

AFDOCS/10948437.1

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