WHITAKER WOODS HOMEOWNERS ASSOCIATION, INC.

POST OFFICE BOX 249

NORTH EAST, MARYLAND 21901

410.287.4735

June 22, 2005

Mark H. Guns David D. Rudolph Nelson K. Bolender, Pres.

Cecil County Commissioner Cecil County Delegate Commissioner Second District

5^th District District 34 B 107 North Street

107 North Street Post Office Box 979 Elkton, MD 21921

Elkton, MD 21921 Rising Sun, MD 21911

Re: Whitaker Woods Development in North East, Maryland

Gentlemen:

Following your recent meeting with Lambdin Development, the former developer of Whitaker Woods, your office requested an itemized list of those issues which have negatively impacted our community since our development’s “completion”. This letter, therefore, should provide you with a comprehensive sketch of the myriad of problems Whitaker Woods has encountered since its inception.

Common Areas: There are several common areas located throughout the development. In all instances, these areas were left in an unusable, indeed, unacceptable condition. Specifically, the common areas should have been cleared of all contractor/construction debris, leveled, top-soiled and seeded. To date, this has failed to occur. Furthermore, dredge and excavation debris from the retention ponds were simply piled in the largest common area and never removed. Given this incomplete status, our community has been unable to invest any further resources into cultivating these areas for purposes which our community sees fit. We respectfully request your assistance in helping rectify this problem. We are seeking to have these areas 1) cleared of all construction/contractor debris; 2) leveled; 3) top-soiled; and 4) seeded. Once this work is performed, there should be little difficulty in obtaining the legal documentation from the County which demonstrates that these areas are in compliance with county, state, and federal regulatory standards.

Ponds and Landscaping around the Ponds: Currently, Whitaker Woods is host to at least three retention ponds. The first pond is located on the corner of Logan Lane and Iron Oak Court - the second two behind Forge Court. These ponds, used primarily for the purpose of storm water collection, were left in such a state of disrepair and incompletion that our Association was recently compelled to allocate funding toward fencing around the Logan area pond for the safety of our residents. There exists no viable landscaping surrounding either pond which would prevent the rapid erosion and/or collapse of the berms supporting the pond. This presents not only a cosmetic problem, but a huge safety concern for our community. Moreover, every significant rainfall factors prominently in expediting the erosion of the terrain immediately around the pond. This land, without an appropriate erosion buffer or satisfactory landscaping, is ineffective in retaining its shape or integrity.

Furthermore, glaringly absent from our arsenal of Association documentation are the corresponding “as built” surveys/plans for said ponds. Numerous attempts have been made by various members of the Board to secure this information, to no avail. Without a point of reference as to how the developer or county has met and/or surpassed acceptable industry standards for these ponds, it is difficult for this community to reconcile the numerous deficiencies currently evident with these areas. We believe the burden remains with either the developer or the county to demonstrate regulatory compliance on this issue. Therefore, we respectfully request your assistance with the following: 1) both ponds dug-out and landscaped; 2) implementation of adequate erosion material to quell the shifting of soil buttressing the ponds; 3) reimbursement for and/or contribution toward current fencing costs which the Association has incurred to correct safety issues associated with the unfinished ponds; 4) immediate correction of flooding/drainage problems associated with each pond and 5) acquisition of the final “as built” surveys/plans which proves the developer’s compliance with the law and all governing code requirements.

Landscaping of Phase IV and V (Map 24, Parcel 343): On September 20, 2004, David Black of the Cecil County Office of Planning and Zoning indicated in a correspondence to Lambdin Development that only 25 out of 77 street trees (32%) planted by the developer along Whitaker Avenue and Logan Lane (Phases IV and V) had survived two growing seasons. Conversely, in the Phase III and Phase IV sections of Forge Court, 71 out of 78 street trees (91%) had survived two growing seasons. The overall 62% survival rate (determined by taking the 59 plantings which died and calculating the percentage based upon the overall 155 plantings), fell below the 75% rate required to obtain a full release of the financial surety posted as part of the site’s landscape agreement. Accordingly, Mr. Black instructed Lambdin Development to install new plantings to replace the dead plantings by December 20, 2004 or Lambdin would be subjected to forfeiture of their financial surety. There is little clarity as to the disposition of this mandate – if any trees were even replanted and the types of trees selected since many are continuing to perish at a rapid rate.

The penalty for the developer’s failure in this arena undoubtedly remains between the Office of Planning and Zoning and Lambdin. As the beneficiaries of this agreement with the County, however, Whitaker Woods is clearly the only one being penalized here. Lambdin’s obligation to complete performance of the task, as agreed upon with the County, is still paramount - regardless of any fines already levied for Lambdin’s noncompliance. Therefore, we respectfully request your assistance in reopening a dialogue with Lambdin Development to have these trees replaced.

Road Surfaces: The roadways of Whitaker Woods appear severely stressed with multiple areas of the asphalt throughout the neighborhood revealing huge cracks and separations. It is our understanding that these road defects are warranted/covered through bonds which remain in effect for a period of time after the County assumes responsibility for the roads. Therefore, we respectfully request the following: 1) the repair and/or replacement of any and all defective roadways located within Whitaker Woods which come within the purview of the County’s jurisdiction and 2) a copy of any bonds which correspond to this very issue.

Whitaker Woods Homeowners Association currently stands ready, willing, and able to assist your office in any way possible as a means to promote an efficient resolution to the issues raised above. We invite you to join us on a tour of our neighborhood either July 8^th or 11^th, (time to be determined). The Association anticipates hosting a neighborhood meeting on July 24^th for the purpose of disseminating information throughout our community regarding the County/Association’s proposed solutions to these matters. This should provide your office ample time to renew a dialogue between all respective parties. We believe there exists an amicable and reasonable solution to the perceived problems associated with this development. It is our ardent wish that in our effort to find a solution that rectifies the deficiencies within our community, we not sacrifice good will and cooperation among the parties involved. The Association is duty bound to foster and promote the existing and promised standards of the community. In light of your assistance thus far, we bear witness to your kindness and thank you, most sincerely, for all your help. Should you have any questions or concerns, please do not hesitate to contact us at the address or telephone number listed above.

Respectfully,

Board of Directors, Whitaker Woods