DS9 Document EFTA00965450

From: To: Subject: Date: Attachments: Cecile de Jongh < > JEE <jeevacation®gmail.com> Fwd: American Yacht Harbor Fri, 19 Jul 2013 22:53:49 +0000 Sun ICM Attachment_B-Property_Descriptions_06.pdf; Sun_Resorts_ICM_(9-14-06).pdf; Sun ICM Sept_2006_attachment_Financial.pdf; Sun_ICM_5_Jan_2007.pdf; SUN_ICM_Jan_2007_Attachment_A.pdf; SUN ICM Jan 2007 Attachment B.pdf; SUN_ICM_Jan_2007_Attachment_C.pdf; SUN_ICM_Jan_2007_Attachment E.pdf; SUN_ICM_Jan_2007_Attachment_F.pdf; SUN ICMan J 2007 Attachment:G.pdf; SUN_ICM_Jan_2007_Attachment_H.pdf; SUN_ICM_Jan_2007_Attachment_Lpdf; SUN_ICM_Jan_2007_Attachment_J.pdf FYI With warm regards, Cecile Sent from my iPhone Begin forwarded message: From: "Garrison, Frank" < Date: July 19, 2013, 6:16:48 PM GMT-04:00 To: "Cecile de Jongh Cc: "Garrison, Frank" Subject: RE: American Yacht Harbor Cecile, Jeffrey's inquiries and IGY's provision of information commenced in early February 2013 and, thus, predates your involvement by almost 4 months. During that period, we provided a host of information and had numerous discussions with Jeffrey's representatives — all of which resulted in yet further requests for information and additional calls. There does not seem to be much appreciation for the burdens that these ongoing requests place on our organization, or an appreciation of the time that we have already spent, over the last 6 months, addressing these requests. I know you have asked for additional information previously but the information requested and whether you previously asked for 2006 diligence materials is really not relevant to the issues at hand. The fact remains that let first purchased the AYH asset and, thereafter, Jeffrey sought an investment in AYH and paid ICY 50% of what vie had invested (or incurred) to acquire his 50% interest. Whether Jeffrey now believes that the asset was overpriced at the time is beside the point and ten year old property operating information (your request seeks financials going back to 2003) is just not relevant to anything — even if we could find it. As I explained to you in a prior conversation, it is more than a bit difficult to find information that is now 7 years old. Notwithstanding all of the foregoing, I am herewith providing to you 2 Investment Committee memoranda which outline the transaction(s) in question and provide background about relationships, etc. I hope that the provision of this additional information is sufficient to put an end to the information requests. EFTA00965450 I should also note that given the posture that Jeffrey appears to have taken over the last 6 months, this e-mail and the attached information, just like prior communications provided regarding this matter, should be considered to be provided to you as part of settlement discussions and thus subject to the rules of evidence in terms of admissibility. I reiterate our suggestion that in order to bring this to a close, we proceed to mediation consistent with my prior letter to you. Frank Frank M. Garrison Island Capital Group LLC From: Cecile de Jongh [mailto Sent: Monday, July 15, 2013 9:35 AM To: Garrison, Frank Cc: Cecile de Jongh Subject: Fw: American Yacht Harbor Good morning Frank, Please see the below email which was the first of many requests for the due diligence. As you will note, we asked for the due diligence from the very start so, with all due respect, I don't believe that the last request for same was unreasonable or part of a "fishing expedition". There was no indication, prior to Friday, July 12, 2013, that the due diligence information would not be forthcoming despite the numerous requests. With warm regards, Cecile DISCLAIMER: The information contained in this e-mail may be privileged,confidential, and protected from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete all copies. "Nearly all men can stand adversity, but if you want to test a man's character, give him power." Abraham Lincoln ii#4, Please consider the environment before printing this e-mail. EFTA00965451 Forwarded Message From: Cecile de Jongh To: "Garrison, Frank" < Sent: Thursday, May 30, 2013 12:35 PM Subject: Re: American Yacht Harbor Hi Frank - my office number is 340-775-2525 With warm regards, Cecile DISCLAIMER: The information contained in this e-mail may be privileged,confidential, and protected from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete all copies. "Nearly all men can stand adversity, but if you want to test a man's character, give him power." - Abraham Lincoln ct Please consider the environment before printing this e-mail. From: "Garrison, Frank" To: Cc: "Farkas, Andrew L." < Sent: Thursday, May 30, 2013 12:33 PM Subject: RE: American Yacht Harbor Cecile—what is the best # where I can reach you? Frank M. Garrison Island Capital Group LLC One American Center 3100 West End Ave Suite 1230 Nashville, TN 37203 615-783-1021 From: Farkas. Andrew L. Sent: Thursday. May 30. 2013 I I:29 AM To: Cc: Garrison. Frank Subject: Re: American Yacht Harbor Please communicate and work with Frank Garrison who is copied on this email. EFTA00965452 From: Cecile de Jongh [main° Sent: Thursday, May 30, 2013 11:26 AM To: Farkas, Andrew L. Cc: Cecile de Jongh Subject: American Yacht Harbor Good morning Andrew, I hope all is well with you and your family. In reference to the acquisition of American Yacht Harbor, Jeffrey would like the following information: 1. The name of the person who led your team at Island Global Yachting Acquisition, LTD. 2. The contact information for the seller. 3. The seller's records that were presented to you and your team in your due diligence (i.e., previous years financial statements 2003-2005 and the first 9 months of 2006, receivables, rent rolls) and any other pertinent documents that were used in the evaluation of the purchase. 3. The list of the Marina Opportunity Fund partners. 4. The Banco Popular loan documents (i.e., note, mortgage, commitment letter etc..) to include the appraisal. 5. Any other information given to your team relative to the purchase of AYH. With warm regards, Cecile de Jongh DISCLAIMER: The information contained in this e-mail may be privileged,confidential, and protected from disclosure. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or duplication of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and delete all copies. "Nearly all men can stand adversity, but if you want to test a man's character, give him power?' — Abraham Lincoln 4, Please consider the environment before printing this e-mail. This message, and any attachments hereto, is confidential and intended exclusively for the use of the individual or entity to whom it is addressed. This communication may contain information that is confidential, proprietary, privileged, subject to a confidentiality and/or non-disclosure agreement, or otherwise exempt or protected from disclosure (either by contract or under applicable law). If you are not the intended recipient, you are hereby notified that printing, retaining, reproducing, copying, disclosing, disseminating or using this message or any information contained herein (including any reliance thereon) is EFTA00965453 strictly prohibited. If you have received this message in error, please contact the sender immediately and destroy the message (including any attachments) and any copies in their entirety, whether in electronic or hard copy format. Nothing contained in this e-mail shall be considered a legally binding agreement, amendment or modification of any agreement with Island Capital Group LLC or any of its affiliates, each of which requires a fully executed agreement to be received by Island Capital Group LLC or such affiliate. This message, and any attachments hereto, is confidential and intended exclusively for the use of the individual or entity to whom it is addressed. This communication may contain information that is confidential, proprietary, privileged, subject to a confidentiality and/or non-disclosure agreement, or otherwise exempt or protected from disclosure (either by contract or under applicable law). If you are not the intended recipient, you are hereby notified that printing, retaining, reproducing, copying, disclosing, disseminating or using this message or any information contained herein (including any reliance thereon) is strictly prohibited. If you have received this message in error, please contact the sender immediately and destroy the message (including any attachments) and any copies in their entirety, whether in electronic or hard copy format. Nothing contained in this e-mail shall be considered a legally binding agreement, amendment or modification of any agreement with Island Capital Group LLC or any of its affiliates, each of which requires a fully executed agreement to be received by Island Capital Group LLC or such affiliate. EFTA00965454