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23 August 2013 Mr. Blake Wallace Executive Director, Hinds County Economic Development Authority P.O. Box 248 Jackson, MS 39205 Ms. Eddie Jean CanChancery' Clerk o f Hinds County, Mississippi P.O. Box 686 Jackson, MS 39205

VIA CERTIFIED M A I L

V I A CERTIFIED M A I L

RE:

Notice o f Claim, Full Spectrum NY, LLC

Dear Ms. Carr and Mr. Wallace, Please accept this notice of claim on behalf o f Full Spectrum NY, LLC ("Full Spectrum") for claims against the Hinds County Board o f Supervisors and the Hinds County Economic Development Authority. Claims against both the Hinds County Economic Development Authority and the Hinds County Board of Supervisors flow from the breaches o f contract committed by these entities and/or agencies. Although breaches of contract causes of action do not fall within the scope and purview of the Mississippi Tort Claims Act requiring notices of claim be submitted, out o f an abundance o f caution, we are serving this Notice of Claim in compliance with the Tort Claims Act requirements o f Mississippi Code Section 11-46-11, as revised. In 2006, Full Spectrum responded to a request for proposals for development and/or redevelopment o f portions o f downtown Jackson, Mississippi. Full Spectrum prepai'ed and submitted for consideration a plan of redevelopment for contiguous parcels along the State Street/Capital Street corridor. The plan was designated as Old Capital Green. The Old Capital Green project was subsequently approved for development by the Hinds County Board of Supervisors and Full Spectrum, in reliance upon this written approval and agreement, expended

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considerable funds in obtaining real property rights and/or leases with attendant legal fees and expenses, engineering scopes and evaluations, architectural plans, ameliorating zoning issues and similar foreseeable, ordinary and necessary undertakings and expenses for projects of this type and scope. Hundreds o f man hours were expended in obtaining occupancy commitments and/or letters of intent from businesses, agencies and others to occupy the commercial spaces that would be available in Old Capital Green. These efforts were largely successful. Full Spectrum affirmed lo obtain partial fnnding as well as fully cooperated in efforts to coordinate additional funding through and from the State, which was the final obstacle to commencing construction work upon the project. The Legislature approved the funding of $20 million specifically for the Old Capital Green project. However, without notice to Full Spectrum of any kind or at any time, the County Board o f Supervisors-at the direction and behest o f the successor executive director of the Hinds County Economic Development Authority-subverted the approved $20 million to another project. The Board of Supervisors and the Hinds County Economic Development Authority were both fully aware these funds were specifically approved for and critical to the Old Capital Green project, that the Old Capital Green project could not proceed in the absence o f this funding and that Full Spectrum had already expended considerable resources in moving the project forward in reliance upon the contract and agreement with the Board o f Supervisors. Significantly, the Board o f Supervisors, in conjunction with the advice and direction of the Hinds County Economic Development Authority, remained silent and allowed Full Spectrum to continue to expend considerable resources at the very same time those entities and/or agencies were fully aware the funds would be diverted to another project. In addition to allowing Full Spectrum to proceed in moving forward on the project with full knowledge the contract would be breached, the Board and the Development Authority not only caused Full Spectrum to incur actual expenses but also to forgo other development projects to its financial detriment, as well as lose substantial profits. The Hinds County Board o f Supervisors, at the advice and direction of the Hinds County Economic Development Authority, breached its contract with Full Spectrum. As a result. Full Spectrum has incurred damages in the amounts in the amounts specified below. Actual expenses: $ 3,625,306.46 Lost profits $ 88,000,000.00 Legal fees and expenses 907,000.00 Other damages to be later quanfified

While many organizations and individuals participated in the project development lo the point where the Board breached its contract with Full Spectrum at the direction and behest of the

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Development Authority, the individuals with the most knowledge o f facts of the claim include the following: Mr. Malcolm Shepherd, Mr. Blake Wallace, Mr. Carlton Stephen, Mr. Doug Anderson, Ms. Peggy Calhoun, Mr, Phil Fisher, Mr. Robert Graham, Mr. George Smith, Mr. Jason Brookings, Hon. Harvey Johnson, all members of the Hinds County Board of Supervisors from 2006 through March, 2013. Full Spectrum N Y , LLC, is a New York limited liability company, with a physical address of 102 W. 124''' Street, New York, N Y 10027. This was the location of Full Spectrum N Y , L L C , throughout the events set forth above and to the present. Full Spectrum, through undersigned counsel, makes formal demand upon the Hinds Coimty Board of Supervisors and the Hinds County Economic Development Authority for the damages and expenses as set out above. We respectfully request a response as soon as possible.

Allison P. Fry