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5/6/2010 5:40:34 PM
 
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Section 5: OPA Board Subject: OC Bayside Debacle Msg# 737995
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Thanks Ted. Assuming it contains the words "all that certain property," the language represents a substantive change from the prior leases. As far as I know there is no reference to "ALL" the property in prior leases, even though, as I mentioned to Marty, I can see how an argument could be made on it. We have essentially clarified the nebulous wording of the prior lease to the advantage of Seacrets, rather than our own. Ted, one troubling thing is OPA signing a lease for parking-only in the past, yet, according to Marty's interpretation, preventing OPA from using the areas of the property outside the limited parking area. With this new lease there is apparently no question of Seacrets controlling the entire property, if only for parking. Of course Bill Rakow tells me this is a non-issue, not worthy of discussion. he can't construct a walkway or fill in the property without the written permission of the OPA Board of Directors. No different than the prior leases. |
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For reference, the above message is a reply to a message where: Joe, The "new" lease I last reviewed - I don't think it was changed after that review - states "all that certain property ........ as set forth in Exhibit 'A'." Exhibit 'A' is the May 17, 1982 deed from Boise Cascade to OPA. It later spells out the 1.33 acres in more detail. As Marty stated the lease limits his use to parking and use of the areas where the encroachments exist. In other words assuming permits could be pulled, he can't construct a walkway or fill in the property without the written permission of the OPA Board of Directors. When you get a copy next week, it can be posted and fully dissected. Ted
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