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The Troubled Teen Industry / Boonville police urge caution on Kemper
« on: April 15, 2005, 03:12:00 PM »
I do know that if you really wanted to you could hem them in with enough deed restrictions that they would *have* to keep their promises or have the deed revert to the city and the city get to keep the money and the buildings on the land, etc.
You could also put in that if there's a lawsuit over the contract, the buyer(s) or the people they sell to have to pay legal expenses and court costs if they lose.
You could also put it in that non-enforcement of contract provisions doesn't waive the right to enforce them, or to enforce them at a later date.
To get that bit to hold up, you'd probably have to say the city would have a time limit on a specific breach of contract to pursue it for two years with the clock starting not when the breach occurred but instead when the city found out about the specific violation asserted as a breach.
It would probably be much easier to enforce all this if instead of selling the property outright the city insisted on a long-term lease with option to renew. Peg the lease renewal amount to the federally determined annual rate of inflation.
It probably makes more sense all around, if the city has concerns---which it darned well should have----for it to insist on leasing the property instead of selling it.
You could have the city able to terminate the lease if Kemper breached the terms.
You could have the city be able to refuse to renew the lease *either* if Kemper breached the terms *or* if the city paid a set fee, indexed to inflation, in lieu of giving Kemper the option to renew.
It's narrowly possible, barely possible, that Hinton wants to get out of the "troubled teen" industry and run a conventional military school.
But I doubt it.
If he does, though, he should be willing to ensure the city ongoing lease income while assuming legal, enforceable obligation to do what he's telling the city he's going to do.
If he means his assurances, he won't have any problem putting them in writing.
It's better for the city to get ongoing income from the property than sell it and get a one-shot infusion of cash, anyway. The ongoing income ultimately reduces the tax burden on the locals for the amount of services they get.
If I were a local, I'd want the lease option, anyway.
If Hinton really means what he says, why would he even remotely have a problem with that?
Timoclea
You could also put in that if there's a lawsuit over the contract, the buyer(s) or the people they sell to have to pay legal expenses and court costs if they lose.
You could also put it in that non-enforcement of contract provisions doesn't waive the right to enforce them, or to enforce them at a later date.
To get that bit to hold up, you'd probably have to say the city would have a time limit on a specific breach of contract to pursue it for two years with the clock starting not when the breach occurred but instead when the city found out about the specific violation asserted as a breach.
It would probably be much easier to enforce all this if instead of selling the property outright the city insisted on a long-term lease with option to renew. Peg the lease renewal amount to the federally determined annual rate of inflation.
It probably makes more sense all around, if the city has concerns---which it darned well should have----for it to insist on leasing the property instead of selling it.
You could have the city able to terminate the lease if Kemper breached the terms.
You could have the city be able to refuse to renew the lease *either* if Kemper breached the terms *or* if the city paid a set fee, indexed to inflation, in lieu of giving Kemper the option to renew.
It's narrowly possible, barely possible, that Hinton wants to get out of the "troubled teen" industry and run a conventional military school.
But I doubt it.
If he does, though, he should be willing to ensure the city ongoing lease income while assuming legal, enforceable obligation to do what he's telling the city he's going to do.
If he means his assurances, he won't have any problem putting them in writing.
It's better for the city to get ongoing income from the property than sell it and get a one-shot infusion of cash, anyway. The ongoing income ultimately reduces the tax burden on the locals for the amount of services they get.
If I were a local, I'd want the lease option, anyway.
If Hinton really means what he says, why would he even remotely have a problem with that?
Timoclea
I believe that when I die I shall rot, and nothing of my ego will survive. I am not young, and I love life. But I should scorn to shiver with terror at the thought of annihilation. Happiness is none the less true happiness because it must come to an end, nor do thought and love lose their value because they are not everlasting.
--Bertrand Russell, British philosopher, educator, mathemetician, and social critic