10/5/2009 8:05:13 PM
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Section 5: OPA Board Subject: 99-Year Lease Rejected Msg# 701328
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I haven't seen the plot survey listing the size, distance or other measures of encroachment. Nor apparently has anyone else. The diagram or plot survey should be posted on the OPA web site for members to view. It's certainly not something that's privilege or secret. ........and the other is to negotiate an agreement that includes ......... If Seacrets didn't have permission, then adequate compensation for the encroachments. That's encroachment(s) with an "s" because it's my understanding there are two. Further, I would sure hope we cull our records to ensure there is no agreement by a previous administration to grant an easement before we send any demand letters. OPA does not need to begin by sending demand letters to anyone. In light of all the discussions about this issue for the past several months, if there was a prior agreement on this issue OPA would have produced it by now. First and foremost is to just ask Seacrets under what circumstances did they build on OPA's property. If verbal, by whom. If written, produce the document. Then go from there. |
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For reference, the above message is a reply to a message where: Joe, I haven't seen the plot survey listing the size, distance or other measures of encroachment. I also don't know the practicality or cost of relocating the encroachment. It does seem to me that there are two ways to do this one being to declare war with threats and demand letters and the other is to negotiate an agreement that includes removal at any time upon 120 days notice or no later than 120 days prior to expiration of the current lease if another continuation is not agreed upon. It appears that Moore has been a good tenant and paid us on time. It seems this would be a reasonable solution. One thing that shouldn't influence us in this matter is his attempt to enter into a 99 year lease for the property. That was a sound business move on his part that was rejected, after proper review, by the Board. I don't see any benefit to grinding him into the ground for no reason. Further, I would sure hope we cull our records to ensure there is no agreement by a previous administration to grant an easement before we send any demand letters. Ted
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