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Here’s The Scoop…The Sweetheart Deal…”In Perpetuity”………

Dear Readers…this writer’s ears perked up when the discussion was taking place at the 1/13/09 Commission meeting …concerning the Wings parking lot…residential parking places and what the development order…for the 15 space lot…

http://www.alsotheband.com/parking%20space.jpg

I was taken aback…was the Town Manager saying that per that order…Wings would be able to use their allotted “in perpetuity” 10 residential parking permits in that 15 space lot?…

Many around me said NAHHH…they would use the Bougainvilla lot….well..guess again……

According to the Dedication Agreement made in Dec 2007…they can use either lot…which means……Wings no longer pays to maintain the lot or pay taxes for the property…but enjoys its use for their tenants leaving a measly 5 spaces for use by the rest of the Town!…..

This certainly answers the longtime burning question…on many townspeople’s minds …of why Wings would still give the Town the property after the 2 restaurant “deal” went south due to parking requirements that could not be met!….

Here’s how it came to pass…pun intended…

LBTS Commission Minutes…12/11/07….

‘Parking agreement with Wings
This item was added at the meeting.
Attorney Cherof explained that even though the site plan was approved,
agreements of this nature were long term. He requested confirmation
regarding the Town’s responsibility. Mayor Parker questioned the number
of residential parking spaces. Mr. Marrero of Wings Beachwear believed the
agreement was close to the final draft. He asked for clarification of the 10
residential parking permits that were agreed to previously, along with
parking lot spaces for a total of 80 to 90 parking spaces. Mayor Parker said
there were 10 parking permits that would be available for parking in both
that lot and the adjoining parking lot.
Page 7
Mayor Parker said item 4(d) of the Dedication Agreement (hereunto attached
to these minutes) should read, “the Town would provide, at not cost to the
developer, ten hanging parking spaces to be used in the parking lot. The
parking permits shall be used and assigned by the developer in its sole
discretion to resident’s residing in the residential unit.”
Commissioner Silverstone questioned paragraph 5. Mr. Marrero explained
that sections were removed because it was a unilateral waiver. He said he
would agree to leave that section as long there was reciprocation that the
Town would not sue Wings as a result of the dedication. Mayor Parker
questioned why the Town would want to sue Wings if their lot was given to
the Town and explained reliability of ownership. Attorney Cherof preferred
the language stay the way it was written. Mr. Marrero accepted.
Mayor Parker clarified that if Wings stopped using the residential units, the
parking permits would no longer be valid as the permits were strictly for the
residential units. Mayor Parker referred to paragraph 4(d) and said it should
read “in its sole discretion to the residents living in the residential units.”
Mayor Parker believed “in the parking lot” should indicate the “dedicated
parking lot and the existing adjacent parking lot”. Commissioner Silverstone
questioned whether item 4(i) was necessary. Attorney Cherof said it was.
It was determined that once the final version of the dedication agreement was
submitted to the Town Attorney, the Town Attorney would forward it to the
Town Clerk for placement on the January 8, 2008’

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January 8,2008  Commission meeting….

Town Attorney Report…..

Town Attorney Cherof asks for direction on the Wings …it was tabled by Mayor Parker until January 22,2008 to be placed under reports….

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January 22,2008 Commission meeting….

Reports 5f…Discussion/and or action Wings….

Discussion on the dedication…talked about a quit claim deed for the alleyway….Mayor Parker made a motion to approve, 2nd by Comm Clark…discussion from Manager Colon on safety problems during construction….discussion on delaying construction of an A1A entryway….Comm. McIntee wants to table until 2/12/08…motion fails…3-2 (McIntee/Silverstone dissenting)…more discussion…motion made to table again until 2/12/08…..passes 4-1 (Mayor Parker dissenting)…

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February 12.2008 Commission meeting….

swearing in of new commission…no items were addressed at this meeting…

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February 19,2008 Commission meeting……

First meeting with new commission….

Reports 5a….Wings….

Attorney Cirillo said the agreement is consistent with the development order and recommended approval….discussion was only about construction….passes 5-0!…

There you have it…a new commission…who were not adequately informed of what the development order contained..the inclusion of that Dedication agreement….thus giving Wings their sweetheart deal “in perpetuity”!….

more to come….

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