Category Archives: Owners’ Forum

Elizabeth “Betty” Oland

Sad News: I received word the other day that Elizabeth “Betty” Oland, one of the Hawks Nest’s original owners, mother of former owner Jennifer Paterson, and grandmother of current 3rd generation owner Amy McKay, has died.

Betty and her husband Don, were close friends with my parents, and I’m sure they are remembered fondly by many long-time owners.

The last time we saw Betty was in 2002 when we brought my mother down to the Hawks Nest one last time for her 85th birthday.

Betty’s obituary can be found Here

For those who wish, condolences may be sent to the family in care of Betty’s daughter Jennifer at the following address:

Jennifer Paterson
54 Prince St
P.P. Box 181
Chester, Nova Scotia B0J 1J0
CANADA

A COUPLE OF UPDATES

HURRICANE UPDATE 1/1/2019

WIND CLAIM- Board president Gary Tucker will be coming to the Hawks Nest on January 6, 2019 to meet with the contractors and about the main spalling issues. He also has meetings scheduled with the engineer and the electrician. The lawyers are trying to schedule the mediation during the time that Gary will be at the Hawks Nest. They have already scheduled it twice and both times it was canceled because one of the attorneys couldn’t make it. I have had no contact with them over the holidays and expect to have an update on the new mediation date soon.

FIRE PUMP- The work on the fire pump will continue beginning tomorrow January 3, 2019 after a break by the contractors for the holidays. The waterline was completed up to the building where it will be installed. They are also installing the electric conduit for the parking lights in the same ditch while it is open.

I hope everyone had a safe and happy holiday. I am sure I will have much more information for the next update now that holidays have ended.

Best regards,

Gary Rumberger

———————————————————————————————————————————————-

HURRICANE UPDATE 1-18-19

PRESIDENT’S MESSAGE
As posted earlier, I did make it down to the Hawks Nest Jan.6th 2019. Gary and I spent the week meeting with contractors and talking to our engineer about a couple of ideas the contractors have suggested about the type of repairs they felt would work for us. Gary Rumberger and I met with two contractors about the pool and spa and we asked that they do some pressure testing of the PVC lines that are the drain and filtering systems. We felt this would be a help for them to evaluate the true repair cost. We also met with 3 contractors who looked at the structural needs and also met with one contractor regarding the spalling issues. I also traveled to Naples and met with two contractors that are in the railing, fence, and screen room business. I’m hoping to get bids from them in the near future. I’ll be sending them the pictures and quantities of what we need. We are awaiting the estimates from them so I can go to the board with the estimates for approval. If they are approved, we will start work on the building the last week of February. We still have limited monies to work with until the bank loan comes though or we settle with the insurance company. I am going to the Insurance mediation on February 15th, 2019. All in all I feel it was a very productive week.
Gary Tucker

Wind claim- The mediation date has finally been set and is scheduled for February 15th. Just a reminder that this is non-binding and the offer can be refused if the board feels it is not a fair offer. There is already a court date scheduled for March 24th if this is the way it turns out. We are certainly hoping it can be resolved at the mediation and not have to go that route.

Flood claim- The flood attorney has requested that the insurance company come back for another inspection. We told them we are beginning the work and that their time is up. He stated that it is alright to begin the work and asked if we could start on the upper floors first. The plan was to begin on the top and work our way down, so that will not be an issue.

Bank loan- The bank required that we resend all the information that we already submitted last year (outdated). That has been completed and it has gone back up the chain to the executive loan committee. Treasurer Mike Oostmeyer said he expects an answer in the next few days.

Fire pump- The installation continues with the new fire pump. The lines have been completed from the new building back to main building. Both lines were inspected by the fire marshal today and passed. They are also installing the new lines under the building that will connect to the existing fire system. The building that houses the pump is under roof and awaiting inspection to put the metal roof and louvers on. The building will then have the stucco installed and the building painted.
The electrician has removed all the pole bases and snapped off poles to get ready to install the new parking light fixtures. He is also running his conduit in the ditches while they are open for the fire pump.

DEC. 1 UPDATE FROM PRESIDENT GARY TUCKER

MESSAGE FROM THE PRESIDENT: 12/1/18

I plan on going to the Hawks Nest the second week in Jan. 2019 to take care of some business listed below:

1. I will be meeting with the General Contractor that has agreed to submit bids specs, drawings, and anything else needed to get the permits for the different jobs. He will be working with Gary Rumberger, the contractors we hire, and myself. The meeting is to confirm his role and get his fees in writing. This will then be reviewed by the board for approval.

2. I have Gary R. setting up some meetings with contractors to review the final engineers report, provide a scope of work for structural concrete repairs, and get price quotes for board review.

3. I will be meeting with the engineer on other issues pertaining to the building repairs. I will be letting him know some of the boards concerns and get his input on those issues.

4. I will be visiting the bank (in complete contact with Mike Oostmeyer) and try to finalize the bank loan.

5. I’m going to try to hold a board meeting December 19th or 20th. The date will depend on availability of board members. The purpose of the meeting will be to discuss the contracts that we have gathered information and bids on and get some of those approved, so we will be ready to start work.

6. The attorneys for Westchester have agreed to mediation and we gave them until the end of December 2018 to make any final inspections needed. They have asked for one more inspection by an independent adjuster and other representatives they feel necessary. I’m going to insist this takes place before the board meeting (Dec.19th or 20th.) If the mediation doesn’t work out, I’m going to insist that they give us a written release on the building, so we can start working on items that don’t have any effect on the outcome of the lawsuit.

7. By the first of the year you will receive a letter from the board talking about our options to install all new kitchens. This is going to be our only chance to make this happen but I believe to do so we are going to have to have a special assessment. The details, cost and what we feel that special assessment will be, will be explained and all owners will vote on this. Even if this is agreed upon, this will not take place until we are assured that the work has begun on putting the building back together and we have the financing needed to get the Hawks Nest Owners back in the building.

8. If the mediation doesn’t go well, we have confirmed we are on the judges’ docket for a hearing. We will know the date soon.

There is much more I will be working on while I’m there and will update everyone on those items as they take place.

ONE LAST THING I CAN’T COME CLOSE TO EXPRESSING MY GRATITUDE, APPRECIATION OR FEELINGS TO EVERYONE FOR THE MANY, MANY E-MAILS, PHONE CALLS, LETTERS AND CARDS I HAVE RECEIVED OVER THE LOSS MY WIFE (DARLENE). She and I talked about the Hawks Nest and she knew that she wouldn’t get to visit again, but I made her a promise that I would do all in my powers to get The Hawks Nest back on its feet, so her daughters and grandchildren will be able to enjoy it and the memories we all shared there. I know we can do this but, the board, the owners, and myself will have to keep doing what we must to make this happen. Most all of you have supported me in the past and I need this support and trust now more than ever.

Forever grateful,
Gary Tucker

9

HURRICANE UPDATE 12-1-18
Fire Pump- The construction continues on the fire pump building. The pillars have been poured and the forms and rebar for the beams and building floor have been completed. That area will be poured with concrete on Monday 12/3. The fire pump/ generator itself arrived on 11/21 as promised. The size of it was definitely a surprise to me.(see pic above). The contractor has determined it will be easier to set the pump in place and build the walls and roof around it. This will take place after the proper cure time of the concrete beams and floor. The weight of the unit is 6,000 pounds and may only be lifted at certain areas which will not allow him to build the three walls and slide it in the end of the building as was the original plan.

6

7

8

SAD NEWS AND UPDATE

Gary Rumberger entered these posts on the Hawks Nest website:

Sad News:

Darlene Tucker, long time owner and the wife of Gary Tucker, your current President, lost her 3 year long battle with cancer yesterday afternoon (Friday, Nov. 16th at 3 pm). She was being cared for by her family and friends at home when she passed. Those that knew her knew how much she enjoyed all the friends that she made at The Hawks Nest. She cherished the time she spent with her daughters and grandchildren when they would show up at the Hawks Nest for a visit. Even though it took time away from their vacation when they were down at the Hawks Nest, she pushed Gary to do what he committed to do in taking care of Hawks Nest business without a complaint. She will be truly missed.

HURRICANE UPDATE 11/18/2018
Fire Pump-The new waterline has been installed from down the street to the Hawks Nest property. The line needed to be sanitized and pressure tested by the aqueduct authority which has been going on all last week. The contractor has been given the ok by the water authority to continue with the line starting tomorrow November 19th. They have also installed a new fire hydrant on the Hawks Nest property which was included in the contract for the fire pump.
The construction of the building that will house the fire pump has begun and they are ready to pour the pillars after the inspection from the city of Marathon. The next step after that is to pour the beams and deck that will be the floor of the building. I will update you as the progress continues. I have included some pictures of the construction.

1-unnamed
2-unnamed
3-unnamed
4-unnamed
5-unnamed

WIND CLAIM – The board of directors has chosen to go to mediation and see what Westchester Insurance offers. This would be the quickest option that is available as laid out by the attorneys. This mediation would be non-binding and if the board doesn’t like the offer, they will be able to reject it. If they reject the offer, then the board has decided to force the default judgement the judge has already awarded us, and Westchester is trying to have overturned. The attorney estimates that this option would take 3-6 months. The board would then use the money from the reserves and the loan that Mike Oostmeyer is working on to pay for the construction until the case works its way through the courts.

DONALD PATERSON

I’m sorry to report that former Hawks Nest Owner Don Paterson, has passed away. Don’s wife, Jennifer is the daughter of original owners Don & Betty Oland, and Don & Jennifer are the parents of current 3rd generation owner, Amy (David) McKay.

Sue and I have known Don and Jennifer for more than 20 years, and now Amy, David and their children. Don was a man of many talents and interests, and he will be missed around the pool at the Hawks Nest.

Don’s obituary can be found Here.

For those who so desire, condolences may be sent to Jennifer Paterson at:

54 Prince St
P.O. Box 181
Chester, Nova Scotia
B0J 1J0 CANADA

Two More Hurricane Damage Updates

HURRICANE UPDATE 10/18/2018

Fire Pump- I had the final meeting with FKAA (Water Company) and Gary’s plumbing at the Hawks Nest on Tuesday October 16, 2018. The FKAA insisted that the last permit not be handed over until they came to see the job site in person and not just on drawings. They gave us the final permit and the fire pump installation will begin on Wednesday, October 24, 2018. All other permits had been previously approved by the City of Marathon and the EPA.

Flood Claim– I reached out to our flood attorney to find out what was the response of Wright Flood to the filing of the proof of loss due on October 10th. This was his response

1.Wright Flood rejected the POL this week (just as we know they would).

2. FEMA will not let our contacts (their National Counsel) get involved until we file suit, so we’ll get that done early next week.

3. At that point, we will engage with their lawyers to get the case moving.

Wind Claim-I am going to recap the legal filings and then move on to what has happened since the last update. I think with all the filings, this will make it easier to follow.

August 3, 2018- Our attorney filed a Petition to Compel appraisal. Winchester Insurance was served with the Petition to Compel Appraisal on August 21, 2018. Defendant Westchester has not appeared, defended this action, or served or filed any document as required by law, although the time to do so expired on Tuesday, September 11, 2018.

September 12, 2018-Our attorney filed an Amended motion for Clerks entry of default.

September 13, 2018- A Clerks default was entered.

October 2, 2018- The attorney filed for the entry of a Default Judgement.

October 11, 2018-The Judge issued his order.

October 17, 2018- Our attorney received the order last night. I had scheduled a call with our attorney for today, but it was postponed until tomorrow after they speak to the attorney for Westchester that suddenly appeared. My take on the order is that Westchester Insurance has 20 days from October 11th to find an appraiser. Once they find an appraiser, they have 10 days to agree on an umpire with George Keys. If they can’t agree on one, then the judge will appoint one. The appraisal will then finally take place. I am not an attorney, so I am posting the judge’s order as it reads.

Here is the Judge’s order:
1.IT IS HEREBY ORDERED AND ADJUDGED as follows: 1.This Court has jurisdiction over the Plaintiff and Westchester in this matter;

This Court has jurisdiction over the subject matter at issue in the Petition, and the instant dispute otherwise satisfies the requirements of proper venue under Florida law;
1.At all times relevant hereto, the Policy was in full force and effect with respect to those physical losses arising from and/or as a result of the Loss;
2.Those physical losses to the Insured Premises as a result of the Loss, as more particularly described in the Petition, constitute a fully covered loss(es) under the Policy (subject only to the Policy’s stated and applicable Deductible);
3.By virtue of the terms and provisions of the Policy and Westchester’s failure to appear and file any papers in this matter, those Physical Losses to the Insured Premises as a result of the Loss, and as more particularly described in the Petition, are not otherwise excluded from that coverage afforded under the Policy;
4.The Plaintiff has complied with all conditions precedent and/or subsequent imposed by the Policy for this covered loss(es), including, but not limited to, the Plaintiff’s invocation of the Policy’s Appraisal Clause;
5.The Plaintiff has properly invoked its right to appraisal proceedings in accordance with the Policy’s Appraisal Clause, which states in relevant part:
6.Appraisal

If we and you disagree on the value of the property or the amount of loss, either may make written demand for an appraisal of the loss. In this event, each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they cannot agree, either may request that selection be made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and amount of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will:

1.Pay its chosen appraiser; and
2.Bear the other expenses of the appraisal and umpire equally.. .

1.For purposes of setting the stated Amount of Loss in this matter, the Parties are hereby directed to binding Appraisal Proceedings; 1.This Court affirms the Plaintiff’s designation of George W. Keys of Keys Claims Consultants, Inc. as its appointed “competent and impartial” Appraiser in this matter;

2.Westchester is hereby directed to appoint its designated Appraiser in this matter within twenty (20) days from the entry of this Court’s Order;
3.The Parties are hereby ordered to require that their respective appraisers then select an Umpire for the ensuing Appraisal Proceedings within ten (10) days of Westchester’s designation of its appraiser in this matter; if the Parties’ appraisers are unable to agree upon an Umpire, the Court shall appoint an Umpire upon notification that the Parties’ appraisers are unable to agree upon an Umpire; 1.The Parties’ Appraisal Panel shall then enjoy that jurisdiction to conduct and conclude the Appraisal Proceedings with respect to those claims at issue in the Loss, including, without limitation, the Plaintiff’s right to pursue all claims for all benefits due under the Policy’s various coverages implicated by the Loss;

4.This Court shall retain its jurisdiction to confirm the Appraisal Award setting the stated Amount of the Loss and/or otherwise adjudicate the Parties’ rights and responsibilities under the Policy subsequent to the issuance of said Appraisal Award (if necessary);
5.This Court shall retain its jurisdiction to award the Plaintiff its reasonable attorney’s fees, legal assistant fees, and costs incurred in the prosecution of this action, as authorized under Florida law and/or pursuant to §§626.9373, 627.428,

57.104 and/or 57.041 FLA. STAT.; and

1.This Court shall further retain its jurisdiction for the entry of an award of any other consequential damages to which the Plaintiff may be entitled as a result of the Insurance Claim, including, without limitation, such other and further relief as this Court deems just and appropriate.

DONE and ORDERED at Monroe County, Florida, on October 11, 2018

MARK H JONES

Mark H. Jones Circuit Court Judge

HURRICANE UPDATE 10/1/2018

FLOOD CLAIM- A question from an owner about the flood claim was; Would you also please update us on the flood claim and clarify some information. According to prior reports George Keys filed a flood claim for a little more than $300,000 several months ago. Now it seems we have filed another claim thru an attorney that is roughly four times the size of the claim that Keys filed? What percentage are we paying this attorney? Are we also paying Keys in addition to the attorney? How does all of this impact the timing to start work versus the wind claim?

This attorney will be paid 25% of the recovery of any amount over $138,000 (The money we already received from FEMA) Mr. Keys will still be paid his 10% on the amount above the$138,000. It will be in addition to the 25% that the attorney will receive.

The attorney told me in the unlikely event that Wright Flood doesn’t re-inspect by the time the building is released for repairs on the wind claim, we would be able to start at the top of the building and work our way down since none of the flood damage is up high. That is what the plan is when the building is released anyway. He has asked the attorneys for Wright Insurance to move forward with their re-inspections as soon as reasonably possible in order to move forward with wind repairs.

Wright Flood has until October 10th to respond to the latest Proof of Loss filed on September 10th.

WIND CLAIM- The clerk has issued the default on the Motion for Clerks Entry of Default filed on September 11, 2018. The attorney has sent the default (per the service requirement) to Westchester Insurance. Meanwhile, they are in the process of getting the Motion for Default Judgment filed. Their paralegal is following up with the Judicial Assistant as to whether this will require a hearing or just a proposed order on the same. Once they hear back from the Judicial Assistant, I will let you know on the Hurricane Update and forum section of the website.

FIRE PUMP-The materials for the installation of the fire pump and the extension of the 6 inch water line have been delivered to the property. The only piece that still needs to be delivered is the fire pump itself. The fire pump is finished and is awaiting shipment. All permits have been issued including the one for the building that will house the fire pump that needed a revision from the City of Marathon. On Friday I delivered the notice of commencement to the contractor (Barracuda Builders) who will be building the pump structure. I will be attending a pre-construction meeting with the contractor (Gary’s Plumbing) and the Florida Keys Aqueduct Authority to pick up that permit as soon as they agree on a time for scheduling the meeting. The contractor told me that after that meeting happens, they will be starting immediately.

Best regards,

Gary Rumberger

Week 51

Am I correct in my thinking that HN will not be ready for occupancy by week 51? I appreciate all the efforts that everyone concerned has expended on behalf of others. Best wishes to you all as we enter this holiday season.

HURRICANE UPDATES

Recently, I have received emails from numerous owners wondering what is going on down at the Hawks Nest, and that they had seen no Hurricane Updates from the board or management regarding progress on the reconstruction and repair of the property. I explained to each of them that the updates appear in their own section of the Hawks Nest website. For some, this was enough. Others, however, were not able to log in to the website, and said they were unable to get help to do so. In those cases, I told them they should contact the office for help.

Therefore, for those of you who can’t get on to the Hawks Nest website for whatever reason, you will be able to see the them here, the most recent one first. Some of the updates contained photographs, but they did not copy.

Obviously, you will see the official information soonest on the Hawks Nest site, but if for some reason that is unavailable to you, I have posted it here and will continue to do so in the future.

Bob


Hurricane Update 8/1/18

Bank Loan- We received the loan term sheet today from the bank. The terms will now be voted on by the entire board to able to move forward with repairs until we receive the insurance settlement. We also have a substantial amount of money in the reserves.

Construction- The electrician installed the new roof vents to replace the ones torn from the roof in Irma. He will also be starting the removal of the electrical components from the old fire pump (conduit, lines, etc.) next week. This needs to be done before the installation of the new fire pump.

Insurance– We had a conference call today with George Keys, a couple of board members, an adviser, and myself. It was a productive meeting and we were happy with the answers that we received from them. I will wait until the next update to expand on the insurance progress. There are things happening in the pipeline right now that just aren’t quite finished and I feel it is better to wait until it is completed to update everyone.

Maintenance Fees– As of August 1, 2018 we have collected 91% of this year’s maintenance fees.

Best regards,

Gary Rumberger-GM

Hurricane update – July 18, 2018

INSURANCE-

WIND – The Insurance Adjuster should be responding to our POL filing tomorrow (July 19th) as his 30 days are up.

FLOOD- Mark Earle from Keys Claims and the 2 flood insurance Attorneys were at the HN today to start preparation to file our additional monies flood claim. One of the attorneys had 14 years’ experience working for FEMA. They feel confident that will be able to recover the additional money owed to us from our flood insurance. This review resulted from a conference call Gary Tucker had with George Keys, Mark Earle, and one of the flood attorneys. Gary asked them many questions about the next steps and the cost. Gary Tucker also requested that Mike Oostmeyer and Gary Rumberger be copied on all correspondence between George Keys the insurance company and the attorneys. George Keys assured Gary Tucker that this would take place going forward.

BANK LOAN –

I spoke to Angela from Centennial Bank today and the loan is still with the “powers that be” waiting on approval.

BUDGET/FINANCIAL REPORTS-

June/Fiscal Year End Financial Reports are posted on the website.

As of July 1st (due date) we have received 86%+ of this year’s maintenance fees. Past due notices are in the mail.

REPAIRS-

The pool and spa have been cleared of the coral and assorted other debris. It looks like we may be able to salvage/repair the pool. The contractors that bid on the job can now return and have a clearer picture of the damage. The spa will probably be a full replacement. (Pictures at end of update)

Our Contracted Electrician will be on site Thursday and Friday working on the roof vents that were lost during the storm. We received the OK to replace them to prevent water from intruding into the building

As always, any questions or comments, call me.

Mike Oostmeyer

231 745 7870

Hurricane Update – July 1, 2018

INSURANCE – Our Wind Proof of Loss was filed with the Insurance Adjuster, and he has Acknowledged Receipt of the same. Gary Rumberger spoke to Mark Earle from Keys Claims this morning and the insurance company has 30 days to respond from the day on filing. Mark also stated that George Keys will be sending us a status report this week.

BANK LOAN – Instead of an answer we got another list of questions, that we have since answered.

BUDGET/FINANCIAL REPORTS – As of Friday June 29th we have received 70.6 % of the payments due.

The May Financial Reports have been Posted.

REPAIRS – Seawall- We have removed and back filled the boat dock area that was destroyed along the seawall. This week we will be removing the debris and coral from the Pool and Spa while the contractor is still at the campground. This will save us mobilization charges after he has returned to Key West.

ELECTRICIAN- We have entered in to a long-term contract with an electrical contractor that covers all the electrical projects throughout our many repair projects. This assured us of having a source when needed, and at a lower cost than arranging things for each project.

As always, if you have any questions feel free to call me. I’m not real busy right now as I have just had Hip Replacement Surgery and I am not going anywhere.

Mike Oostmeyer

231-745-7870

JUNE 18, 2018 UPDATE

INSURANCE – The Wind Proof of Loss has yet to be filed. We are up to the fourth update of the document since the first of the month. We keep finding and correcting minor discrepancies in the POL. Hopefully it will pass muster, and be filed today.

BANK LOAN- As of Friday it was in the hands of the Banks Underwriters. The Loan Officer said we should have an answer this week.

BUDGET- The updated Budget was approved and adopted, and is now posted on the Owners area of the Website.

REPAIRS- After much discussion the Board and a majority of owners at the meeting on Saturday, June 16th agreed that starting repairs could/would be detrimental to our ongoing insurance claim and (assumed) eventual Arbitration process. That said, we will not be starting the repairs July 1st.

As always, if you have questions call me – 231 745 7870

Mike Oostmeyer

JUNE 1ST, 2018 UPDATE

A number of owners have called me to ask when the HN will be open. We have a number of projects (18) that need to be completed for that to happen. Our time estimate for those projects is about six months from when we start, and we have yet to start, and at this time we still do not have the funds for the repairs.

The Bank has yet to give us an answer on our loan application, but we did supply them with the last documentation they needed earlier this week.

Our Insurance Company did send us their initial offer ($23,801.17) and a statement that the damages we have were pre-existing (before the hurricane) and therefore are not covered. That email is included below.

———————————————————————————————

From: Spears, Leon
Sent: Friday, May 11, 2018 3:57 PM
To: George Keys

Subject: Chubb Claim #KY17K2256826; Hawk’s Nest Condominium, Marathon, FL: VCI File #BOC17042940
Importance: High

George:

Please find attached the estimate prepared by Young & Associates for the repairs to the damages at Hawk’s Nest totaling $150,015.26. The current undisputed loss of $288,371.92 is derived after including the mitigation cost provided by your office of $138,356.66. A undisputed ACV claim of $23,801.17 is derived after subtracting the recommended depreciation of $11,667.10 and the applicable named storm deductible of $252,903.65.

We have prepared a proof of loss reflecting the pertinent information and a claim for the undisputed ACV claim amount. We are requesting that you provide the name or names of any mortgage holders, lien holders and/or additional loss payees applicable to the associations properties in the space by TITLE AND INTEREST marked with an “X” or write in “None” if there are no mortgage holders, lien holders and/or additional loss payees. Then, have the appropriate association representative sign the form before a notary, have the form notaries and return the form to our office. The signed form can be scanned and email to our office. Payment will be issued once the signed form has been received. Please provide mailing instructions where payment should be forwarded.

As you are aware, an inspection of the loss location was conducted with our engineer, Unified Investigation & Sciences on April 24, 2018. Unified is still in the process of completing their report. Once received, this information will be provided to the carrier for review. We will address this matter once the carrier has completed their review.

Please call if you have any questions.

Thank you,

M. Leon Spears, Jr.

———————————————————————————————

This means we will have to file suit to reach a court ordered settlement, which we are in the process of doing.

Other than that, the Phone System should be up and running by the end of next week.

Gary Tucker also has a Note under the Presidents Message and it is included following this update.

As always if you have questions, please call me.

Mike Oostmeyer

231-745-7870

PRESIDENT’S LETTER 5/31/18

This is to address the issues we are having with our insurance company and the procedures that will have to take place which up until now I didn’t totally understand (especially why we couldn’t start working on the building).

Mike Oostmeyer and I attended a teleconference call with George Keys and Mark Earle of Keys Claims (our public adjuster) to discuss the offer that was submitted to us by our insurance company which was $23,801.17 when our public adjuster is seeking about $5,800,000.00. The insurance company says the damages they saw were not related to the IRMA Hurricane. So as I understand, our next step is to file suit against them and start the arbitration procedures which will involve a third party such as a judge or someone of that stature. This person will only see what is presented to them in documents and will then have to decide what is true and fair. During this time the arbitrator might ask to come to the building and see the damages. If we have already repaired items that we are disclosing for loss, it could raise some questions that fall into a grey area. We have told our Public Adjuster that come July first we will be starting to look at moving forward with repairs even if it compromises part of our claim. We can no longer just sit back and wait. I have asked Mike Oostmeyer to add to this to his update as well as comments from our GM, Gary Rumberger. I expect to have a budget meeting within the next two weeks and we will be discussing what we plan to do next.

Gary Tucker – President BOD

MAY 18TH UPDATE

Treasurer Mike Oostmeyer received this email last night from our public adjuster. Board President Gary Tucker will sign and return it as soon as he receives it.

Hello Mike,

The flood proof of loss was submitted on 5/11/18. The amount of the proof is $318,765.06. The wind estimate and proof of loss will be sent to Gary tomorrow. As soon as we have it signed and return, we will be submitting it to the company. We know that the proof for wind is going to be over $5 million. The estimate has 3,142 entries and in our final review an error was identified. Not a major one but Mr. Keys wants this estimate exact.

Sincerely,

Mark Earle

For the Firm

Keys Claims Consultants, Inc.

———————————————————————————————

The Bank Loan- The bank is awaiting one document, the “insurance carriers adjustment”. We have yet to receive that from them. The filing of the Proof Of Loss should force the issue on this.

———————————————————————————————

We have received confirmation that the new phone system will be installed the Week of June 4th. I will add another post here when it is operational.

Any questions, give me a call.
Mike Oostmeyer
231-745-7870

MAY 1ST UPDATE

George Keys met with our Insurance Company Adjuster and Five Insurance Company Engineers at the Hawks Nest on Tuesday April 24th. Each Engineer covered one floor and reviewed the data we had filed in our 347-page POL (Proof of Loss) document we had filed with the Insurance Company on April 6th. After spending all day on site, they requested two weeks to review their findings at their office.
Those two weeks are up Tuesday May 8th. Hopefully we will get at least some sort of Settlement Offer, and a release so we can start work on the building.

Our Loan Application is still progressing through the bank hierarchy and is currently with the President and their Board of Directors.

If you have questions on any of these feel free to call me.

Mike Oostmeyer
231 745 7870
pudates from the board or management