5/6/2010 4:27:43 PM
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Section 5: OPA Board Subject: OC Bayside Debacle Msg# 737977
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I have read and re-read the expiring contract. I will say that you take an arguable position with regard to whether Seacrets leased the entire parcel or just the parking area However, it is certainly not clear at all as to whether Secrets, under the terms of the lease, can restrict what OPA might want to do on the property so long as it did not interfere with the intended use of the property by Seacrets for parking. Also, the term "use the parking area hereby leased" does seem to place a restriction on area, and later on use with reference to "parking only." At the very least, should a dispute arise there are words in the contract that a good lawyer could use to argue a case either way. Clarity is important, as OPA learned the hard way with the YMCA case. |
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For reference, the above message is a reply to a message where: Joe: I really don't know why I bother??? Both the old lease and the new lease include an exhibit that is a mete and bound description of the ENTIRE PROPERTY, all 1.33 acres. Get over it. The end! Marty |
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