5/6/2010 9:20:27 PM
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Section 5: OPA Board Subject: OC Bayside Debacle Msg# 738058
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Joe: Why am I still in this BS discussion??? "As far as I know there is no reference to "ALL" the property in prior leases" The 2004, the 2008 as well as the new lease all, ALL, ALL, have the same language that references an exhibit A which is a mete and bound description of the ENTIRE property. Now, do you get it? I didn't think so. Marty |
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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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