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5/6/2010 5:59:16 PM
 
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Section 5: OPA Board Subject: OC Bayside Debacle Msg# 738001
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Joe, I don't have a copy of the old lease here at home. In the new lease it is addressed in Article 1. A and Article 3.
I was replying to one of your other posts and missed commenting on one to someone else where you made an important point regarding the permission issue. I tend to agree that as long as we didn't disturb Seacrets "Quiet Enjoyment of the leased premises" by blocking/altering parking spaces, or engaging in construction/pile driving during their operating hours, we could improve the property he is not using (wetlands) by simply meeting with him and explaining what we are doing. I am not sure his explicit permission would be required. Certainly if we are not impacting his operations or "Quiet Enjoyment" it would be smart for him to cooperate in particular if he might enjoy some future benefit. In this particular instance, and at the rate OPA moves, the worse case would be needing to wait until the lease ended. Then, if we thought he was being unreasonable we could stop leasing to him. Ted |
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For reference, the above message is a reply to a message where: 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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