EFTA00722288.pdf

DARREN K. INDYKE DARREN K. INDYKE, PLLC 301 East 66'h Street New York, New York 10065 (212) 517-2052 November 4, 2009 Jay Goldberg, Esq. 250 Park Avenue Suite 2020 New York, NY 10177 Re: Design Services Agreement dated May 15, 2009 by and among Juan Pablo Molyneux, J.P. Molyneux Studio, Ltd., L.S.J., LLC and Jeffrey Epstein Dear Jay: I write to you in order to prevent what could soon become a breach by your clients of their obligations under the Design Services Agreement executed on May 15, 2009 (the "DSA"). The January 1, 2010 deadline under the DSA for completion of the Office Pavilion is rapidly approaching and the vast majority of the services and items your clients are required by the DSA to provide remain outstanding. For almost three weeks now, LSJ's representative, Doug Schoettle, has been emailing JP asking for JP to provide a schedule for the Fancelli cabinetmakers to travel to Little Saint James island to complete the installation of the bookcases and paneling in the Office Pavilion as required by the DSA and Exhibit B thereto. JP has failed to respond. In addition, LSJ is awaiting oak wood samples with various stain or wax or other finish options for the final finishing for the woodwork for Jeffrey's review and approval. The woodwork as installed is not adequately finished, and under Exhibit B to the DSA, JP is obligated to "select the color with [Jeffrey's] approval and restain and refinish the cabinetry as part of the services I will provide at no cost to you." LSJ has also requested JP to provide images of the faux painted ceiling design for the Office Pavilion, as well as images and the date of delivery to the Port of St. Thomas of all of the furnishings and furniture to be installed in the Office Pavilion. JP's provision of that design and those items are all express requirements under Exhibit B to the DSA. EFTA00722288 Jay Goldberg, Esq. November 4, 2009 Page 2 As you know, Section 5 of the DSA expressly provides that "It is a material term of this Agreement that as part of the Covered Services Molyneux shall furnish and cause to be properly installed and completed at the Office Pavilion by January 1, 2010 all of the items listed on Exhibit B hereto and that the Office Pavilion will be completed to Epstein's reasonable satisfaction by January 1, 2010." We have been at a critical point in the completion of the Office Pavilion and JPs continuing and unexplained delays and silence are derailing the timely completion of the Office Pavilion by the January 1, 2010 deadline. We would appreciate it if you would address these issues with JP immediately so that we can keep this project on track and avoid a breach by your clients' of their obligations under the DSA. Sincerely, Darren K. Indyke EFTA00722289