Tuesday, October 25, 2011

anybody want a copy of that contract?

Continuing with the Port lawsuit, paragraph 4.3 from the 24 October post:

If the Port is attempting to suggest that the City leading the application process and the Port merely being a 'signator' absolves the Port of any obligation, note the language in the IAC grant manual in force at the time (IAC Participation Manual #5: Application Policy and Procedure, January 1979):

5.03 Special Application Conditions

5.03A Joint Projects: Joint projects are where one jurisdiction owns the property which is to be developed by another. In each case, a prime sponsor must be identified through an appropriate resolution passed by both agencies. In these instances, each agency will be required to sign the Application and Project Contract and be bound by the terms and conditions therein [emphasis added].

The City record is replete with resolutions as described by 5.03A but the Port's record is less transparent, particularly with the loss of all manager's reports for the period. However, we can be certain that at some point prior to signing the 1981 grant project contract, the Port had done the paperwork to be a proper IAC applicant.  In City minutes in the early 1970s, the Port tried to get the City to participate in an IAC grant for a park in the Kah Tai area. And by 1977, the Port requested and received an IAC retroactive waiver for the HJ Carroll property on the western boundary of Kah Tai. Why would the IAC grant a waiver to an entity that was not already a proper applicant?

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