never ending story

From: Henry McClure [mailto:mcre@cox.net]
Sent: Monday, February 05, 2018 8:46 PM
To: 'Paul Katz'
Subject: RE: Freezing Rolls to Pizza Pub - Lease Compliance

Paul

One of the big inducement of the deal was the Great Life Lease for the record. Everyone is wondering why you were so fast to terminate that deal?  

I need you to look at this deal as a Broker. Technically you are a Broker for the stockholders. As you read this think about what adds value to the stock and good will of WPG. The more personal you make this I promise you the less you look out for the shareholder. Today I’m your broker weather we like it or not.

My instructions regarding Freezing Rolls, LLC in regard the Mutual Lease with West Ridge Mall LLC are as follows:

1. Move our location the Vacant space that was previously Pizza Pub.
2. Adjust the square Footage to reflect the actual square footage of Pizza Pub.
3. Our client will is offering the same minimum rent and % rent as in the lease.
4. Our Client will pay the differences utilities.  
5. Freezing Rolls will pay $4K towards the Plans to relocate the Security Office.

I cringed today on the phone when you told me the complexion of the Mall was going to look different in one year. That is exactly what Chris Tilly said in November of 2013. The only reason I talked John Parker in to coming to the mall was the representations of Tilly sell the fact he was moving to Topeka and he was Mr. Local leasing guy.  Your talk of the big deals are like the guy selling on ticket at a $1K instead of 1K at a $1. Simon is all about the big deals. Even Dale Anderson talks of how high handed the mall behaves as he won’t make time to let our prospects in the space. Local leasing is the key to the future. Here is the factoid of the hour. NO ONE wants to deal with West Ridge Mall, LLC. Newsflash you can’t blame Henry McClure. Henry is NOT being unreasonable giving away a Pizza Pub. What worries me most you are NOT trying to give it away either.  You are paying Dave Thompson to go to the Food court?  Others claim they have never been offered the deal.

As Amy Jonas letter only allows me to communicate with you this creates a lease compliance issue as it relates to the legality of notices.   I’m trusting you are sending this to your Lawyer as I requested.

Paul Katz

The letter dated

Landlord                                                              WEST RIDGE MALL, LLC
                                                                               Attn: Senior Leasing Counsel
                                                                               111 Monument Circle, Suite 3500
                                                                               Indianapolis, Indiana 46204

                                                                               With a copy to:

                                                                             WEST RIDGE MALL, LLC
                                                                             Attn: General Counsel
                                                                            180 E. Broad Street
                                                                            Floor 20
                                                                            Columbus, Ohio 43215

From: Paul Katz [mailto:Paul.Katz@washingtonprime.com]
Sent: Monday, February 5, 2018 5:27 PM
To: Henry McClure <mcre@cox.net>
Cc: John Parker <jparker@mainlineprinting.com>; Ryan Duncan <ryanduncanemail@gmail.com>
Subject: Re: Freezing Rolls to Pizza Pub - Lease Compliance

You are totally boggling my mind.  I just left the doctors office and am heading home. 

I’ll review thoroughly tomorrow morning and forward to Amy and Chris. 

I should be able to get back to you tomorrow   

Sent from my iPhone

On Feb 5, 2018, at 6:05 PM, Henry McClure <mcre@cox.net> wrote:

Paul for the Record.

This email serves as Official Notice that Pizza Pub has brought forth a viable tenant to replace our Lease at West Ridge Mall. – you said this morning you wanted me to send this again. Normally I would copy Chris Bailey due to the fact Amy Jonas sent a letter saying if Henry McClure contacts anyone but you it is harassment.

Ryan or John I would forward this to Chris Bailey so NO one at Washington Prime can say “we never knew” ??

Let the record also show that David Thompson was never made aware for Pizza Pub being available.  He will be a big deal if he ever gets his settlement he boasts about. Furthermore he said he was getting $8k from the mall to go the the Food Court.  If he qualifies to got to the food court why not Pizza Pub? David mentioned hatred for me. That is really not great feedback.

Zach Haney – he mentioned today that the mall was only going to help him take the food court location.

Mitigation of damages – it is obvious the Mall is not helping find a replacement – All of my advertising is to call you directly and I have NO idea what you are doing to NOT help us.

Reasons to do Freezing Rolls in Pizza Pub.

The damages are mitigated.

You save hundreds of thousands of dollars from the jump NOT relocation the food court.

Freezing Rolls will pay $4k for the plans prepared to move the security office. I will ask John Parker to make up the other $4k. So you are made whole for the loss of plans.

Rent will start in 30 days of paper work of the date we start construction.  We are willing to start construction today because it takes and average of 8.67 month to get a lease done.

Freezing Rolls is not going to take the original space. Please review the following reasons why that space is unacceptable and why you are going to lose the Freezing Rolls deal.


 1.  Freezing roll has received ZERO notices via email or in writing about the about the progress of the project to relocate the security office. They have never been notified of any structure construction plan to relocate the Security office.
 2.  The mall is so much weaker for the day the lease was signed. More store have closed and the location is not worth investing the capital.
 3.  They are worried about getting the approval to add a patio and the drainage issues have never been formally explained in writing.
 4.  They feel uncertain the mall will allow an exterior storefront.
 5.  Foot traffic in the mall seems way off.
 6.  Victoria’s Secret is not their customer. These ladies are all trying to fit in to smaller underwear. This is like selling beer in a AA meeting.

You were going to cancel their lease – Ok they are in default?

How much is the Mall willing to invest to SUE Freezing Rolls for non-preforming?

This is what we call the “rope a dope”

You keep asking me to send you email and you do nothing.

I want formal notice from WPG what you are going to with these two deals.


Henry McClure
McClure Real Estate, LLC
5307 SW 28th Street
Topeka, KS 66614

785.383.9994 Cell
785.235.3353 Direct

Why wait to buy land? Buy land then wait!

http://mcrekansas.blogspot.com/

*********************************************************************
This email and any files transmitted with it are confidential
and intended solely for the individual or entity to
whom they are addressed.  If you have received this email
in error destroy it immediately.
**********************************************************************
           McClure Real Estate, LLC Confidential
**********************************************************************




From: Henry McClure [mailto:mcre@cox.net]
Sent: Friday, February 2, 2018 10:07 AM
To: 'Paul Katz' <Paul.Katz@washingtonprime.com>
Cc: 'John Parker' <jparker@mainlineprinting.com>; 'Ryan Duncan' <ryanduncanemail@gmail.com>
Subject: Freezing Rolls to Pizza Pub - Lease Compliance

As 11% owner of Pizza Pub and Broker for Freezing Rolls, LLC.

Please inform West Ridge Mall, LLC

West Ridge Mall Pizza Pub, LLC is formally requesting that the Landlord approve the Assignment for our lease to Freezing Rolls. LLC

Thanks

Paul we need your help.

Thank you for approving the 90 days rent – for the record.

Please copy

Landlord                                                              WEST RIDGE MALL, LLC
                                                                               Attn: Senior Leasing Counsel
                                                                               111 Monument Circle, Suite 3500
                                                                               Indianapolis, Indiana 46204

                                                                               With a copy to:

WEST RIDGE MALL, LLC
               Attn: General Counsel
180 E. Broad Street
Floor 20
Columbus, Ohio 43215


From: Henry McClure [mailto:mcre@cox.net]
Sent: Tuesday, January 30, 2018 10:34 PM
To: 'Paul Katz' <Paul.Katz@washingtonprime.com<mailto:Paul.Katz@washingtonprime.com>>
Cc: 'John Parker' <jparker@mainlineprinting.com<mailto:jparker@mainlineprinting.com>>; 'Ryan Duncan' <ryanduncanemail@gmail.com<mailto:ryanduncanemail@gmail.com>>; 'Tom Murrin' <tommurrin123@gmail.com<mailto:tommurrin123@gmail.com>>; 'Tom Murrin' <tommurrin123@gmail.com<mailto:tommurrin123@gmail.com>>
Subject: Freezing Rolls to Pizza Pub

On behalf of Freezing Rolls we request the following lease modifications at West Ridge Mall.

The demised premises be moved into the Pizza Pub Space.

We will take the space “is as” where is and need no construction allowance or free rent.

Our rent will commence 40 Days from a fully executed Lease Amendment.

Our rent a % rent will remain the same and we will adjust the per sqf charges based on the amended sqf of pizza pub.

Please present our offer to your Leasing Committee.

Henry McClure
McClure Real Estate, LLC
5307 SW 28th Street
Topeka, KS 66614

785.383.9994 Cell
785.235.3353 Direct

Why wait to buy land? Buy land then wait!

http://mcrekansas.blogspot.com/

*********************************************************************
This email and any files transmitted with it are confidential
and intended solely for the individual or entity to
whom they are addressed.  If you have received this email
in error destroy it immediately.
**********************************************************************
           McClure Real Estate, LLC Confidential
**********************************************************************

<Pizza Pub @ West Ridge Mall - FE Lease signed.pdf>

<Pizza Pub West Ridge 03.11.15.pdf>

<Freezing Roll WRM WPG-010957 - LSE - Fully Executed.pdf>

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