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MEMO

To: Mayor Dawn Zimmer,

CC: Council - Carol Marsh, David Mello, Elizabeth Mason,

Michael Russo, Mike Lenz,Nino Giacchi, Peter Cunningham,

Ravinder S. Bhalla, and Theresa Castellano

From: Harvey Fruchter

Date: June 23, 2010

Re: Municipal Garage

Honorable members of the governing body of the City of Hoboken, please accept this brief

memorandum in response to the apparent open invitation expressed at your Council's public

meeting yesterday with regard to alternate sites for the DPW Garage.

As many of you may recall, my office represents Mile Square Towing, LLC. In said capacity,Councilman Lenz contacted me telephonically just prior to the initial City of Hoboken's RFP

return date. The Councilman inquired about my clients relationships with prior towers and

administrations. Shortly after the information was provided to the Councilman, he suggested thatI have my client provide a submission to said solicitation.

Mr. Lenz's request resulted in a diligent review of the obligations imposed upon my client, so as

to insure that the LLC did not breach existing contractual duties and was still capable of meeting

the reasonable expectations of the municipality. The unclear or otherwise vague requirementsexpressed in the RFP do to the broad scope of the solicitation made this impossible on a few days

notice. Thereafter, my client was pleased that the Mayor directed opened the arena by an

additional week during an investigation of the initial RFP. This extension provided a reasonablewindow of time to explore the feasibility of my client's participation.

Undeniably, as Mr. Joseph Palluso expressed at your meeting, my client's location within your

municipality is the most desirable in that the location is not only within your mile square city, itis in a industrial zone, the foundation for the mechanical lifts are already in place and the

remainder of the floor is already covered with an impervious surface. Finally, based upon myreview of the existing alternatives, Mile Square LLC had the ability to offer an immediate

FRUCHTER&ASSOCIATES,LLCAttorneys At Law

726 Boulevard, Suite 19, Kenilworth, New Jersey 07033

Phone: (908)241-2626 Fax: (908) 245-5800

Harvey Fruchter Jared B. Weiss

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solution that also would be exceedingly efficient and frugal as the most cost effective solution to

your urgent needs.

My client does have one reservation before committing to the city to sublease a substantial portion of their enclosed garage/facility, which is utilized by Mile Square. The condition

resulting in my client's indecision can and should be addressed at an open public meeting, but not

before presenting it to the administration for a thorough review of the potential ramifications.Unfortunately, for whatever reasons, the attempts to clarify the easily rectified matters that

inhibit Mile Square's inquiries did not result in any meaningful data by which we all could have

benefitted.

We plan to be at City Hall tomorrow (Thursday) at approximately 1:30 pm on Thursday, June

24, 2010 so as to once again seek an open line of communication with the administration and allof the elected officials.

Ideally, the fruits of ours open discussions will result in a WIN WIN WIN. Mile Square will

win, as will the governing body and of course the citizens of Hoboken who will find this heaven

sent resolution not only to be reasonable but a material savings. Local government must not only

be open to avoid the appearance of impropriety but also demands efficiency and frugality in itmanagement.