Dear Homeowner,

We have finally come to a point where closure on the most volatile issue to come before the BOD in years
will be decided. Your BOD has completed negotiations with Marcus Pointe Golf, LLC and the contingent
agreement is attached for your review. We did not secure all the objectives we had going in but we did the
best we could under current economic conditions. Here are a few highlights for your consideration.

Important issues:

x Marcus Pointe Golf, LLC has explicitly stated in the agreement that without this agreement signed
by the MPHA BOD President, the course will close.
x The Agreement is contingent upon 2/3 of the lot owners signing the Amendment.
x $240.00 will be collected to cover July through Dec 2010 immediately upon signature of the
Amendment and Agreement ($40.00 per lot for 6 months).
x $480.00 will be billed in December 2010 with the annual dues assessment with payment due 1 Feb
2011 to avoid penalty and interest ($40.00 per lot for 12 months).
x Funds will be paid to Marcus Pointe Golf, LLC as received. Under the agreement, the association is
not legally liable for funds not paid to the association (this protects the association from collection
actions and liability for delinquent accounts).
x Each time checks are written to Marcus Pointe Golf, LLC. MPHA will retain $75.00 for each lot for
preparatory lien actions relative to delinquent accounts. If the notice of lien is not responded to
with payment in the prescribed time, MPHA will retain an additional $75.00 for filing and
recording the lien. If the delinquent account pays before the lien is filed, the assessment
payment and the withheld funds for that action will be paid to Marcus Pointe Golf, LLC on the next
payment cycle.
x Once the lien is filed, the association will assign rights of collection to Marcus Pointe Golf, LLC for
action. This step and the above lien actions are intended to result in no costs for collection to the
association of the Golf Course Assessment. Your BOD feels this accommodation provision is
necessary since the annual cost for delinquent accounts will probably exceed our available funds and
require yet a further increase in the $235.00 annual assessment. Our goal was to avoid any further
assessment actions related to this action.
x The voucher will be handled via the Marcus Pointe Golf Shop. Each month the MPHA administrator
will provide to the Golf Course manager a list of those accounts that have paid their assessment.
Members can call at the club house to pick up their voucher book (we recommend giving the club
house one week to computerize the transaction).
o You will receive one voucher for each $40.00 paid.
o Each voucher entitles you to one round of golf any day of the week.
o Cart rental when using the voucher is $10.00.
o Vouchers will be good for 2 years from the date of assessment payment.
o Vouchers are fully transferrable and may be sold.
o Note: If the course closes, is sold, leased or title is otherwise transferred, the vouchers
will expire immediately and not be subject to refund.
x Each year Marcus Pointe Golf, LLC will notify the MPHA 120 days before the end of the year of
their intentions regarding operations of the course.
o If they continue operations, owner unconditionally covenants to operate the course for
another year assuming continued payment of the Golf Course Assessment.
 o If they cannot make the course financially stable even with our supplemental funds, the
course will close on Dec 31 of that year and the agreement will terminate.
x If the course is not maintained according to the present level of operation, MPHA has the exclusive
right to terminate the agreement via written notification.
x Beginning in Jan 2011, monies paid to Marcus Pointe Golf, LLC will be deposited in a segregated bank
account for the first quarter. If it becomes apparent that less than 85% of lot owners are
supporting this agreement, Course owner will provide the MPHA BOD with a 30 day written notice
to close the course. At that time the only remedy available to MPHA will be to provide 85% of the
required annual stipend within 30 days. If we fail to forward said monies, payments in the
segregated account will be dispensed on a pro-rate basis for the time in 2011 the course was open
and the remainder back to the homeowner.
x The BOD will be granted access to the quarterly financial statement for the course. The BOD also
has the right to a third party audit annually at our expense. There is a required confidentiality
statement that accompanies statement access.
x Marcus Pointe Golf, LLC may not assign any rights granted him under this agreement to any other
party without the express written prior consent of the Association.
x Any legal action based on poor golf course maintenance or personal injury during operations of the
course to which MPHA could be a named party, Marcus Pointe Golf, LLC has agreed to hold harmless
and indemnify the association.
x Should the course make a profit in any year, the full amount of that profit will be credited to
MPHA and will reflect as a decrement of assessment for the following year.

Non- agreement note: The Amendment grants the BOD the right to negotiate with any future buyer
regarding golf course operations. This was placed in the Amendment since a positive action by the
membership to keep the course open is just that, a desire to keep the course open, regardless of owner.
While we would seek the best available agreement, we could not exceed $40.00 per lot per month. Nothing
in the Amendment or agreement allows the Board to spend the golf course assessment for anything other
than the golf course assessment.

If you are one of our membership who was withholding amendment signature until you had opportunity to
review the agreement, please contact one of the Board members or Block Captions when you have made a
decision. The deadline for receiving joinder forms is midnight June 28th. Joinder form must be signed as
reflected on the deed. No copies will be accepted. Remember there are good people on both sides of this
issue and we should all remind friends and neighbors regardless of the outcome.

“Any information contained in this letter is merely summary in nature. It is your obligation as a Member of
Marcus Pointe Homeowners Association, Inc. to read the Agreement for yourself if you so choose. If you
do not understand the Agreement, it is your individual obligation to take any appropriate action to do so.
You may not rely upon the summary provided in this letter or upon any explanation provided by a director or
other person”.