5/6/2010 6:17:55 PM
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Section 5: OPA Board Subject: OC Bayside Debacle Msg# 738004
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Quiet Enjoyment of the leased premises In the context of the operation at Seacrets didn't you at least get a good chuckle when reading the above in the lease? In fact, it should be worth a tears-down-the-eyes, good belly laugh. |
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For reference, the above message is a reply to a message where: 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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