Friday, June 14, 2013
Purchase Option Agreement
Parsing words. Wordsmith. Semantics. Grammarian. These are the voyages of the starship Greenburgh, where no man (or woman) working for the Town or with an arrangement with the Town can ever be accused of giving a simple and direct answer. Lest you not believe ABG, simply ask Mr Feiner or any of his Board a simple and direct question and then listen to their answer. Their operative buzzword will be heavily dependent on obfuscation. The 2013 re-election promises more activity and involvement from them but rarely of substance. They’ll be speaking but are they saying anything?
Speaking of substance, the last several Town Board meeting found Mr Feiner and his cohorts being relentlessly challenged and berated by angry residents for numerous misdeeds undertaken by the administration. The “boom” is poised to cascade upon the Town with a resounding, “Gotchya!” once the courts determine the compensatory damages Mr Feiner and the Board incurred upon us after discriminating against, lying under oath about, and destroying evidence proven with the Fortress Bible Church lawsuit, for which the afore mentioned were found guilty! Another hot-topic was the illegal lease and subsidizing of property for GameOn 365. They have been referred to as a “paper company” and/or “shell corporation” who held secret meetings with Paul Feiner before the Town acquired the foreclosed upon property! His Board condoned the brokered (done) deal, ratifying it every step of the way with the only beneficiary being GameOn 365.
Martin Hewitt, a principal of GameOn 365, attended the Town Board meeting and was the first speaker during the 3-minute public comment session. He said he would be brief and not use his entire time. He was only 21 minutes shy but who’s counting? He began his statement by saying, “GameOn has entered into a purchase option agreement to purchase the land known as the Westchester Golf Range. The Westchester Golf Range encompasses the golf range you see and the surrounding acreage around it. We intend to build the Westchester Field House as we intended to build on the Frank’s property and keep the golf range in tact.”
The rest of what he said doesn’t amount to all that much. But the key to his bluff this time is again in the details of what he said, and the specificity of his words. ABG doesn’t maintain a Board of Directors of lawyers, such as the Greenburgh Town Board, so our legalese may be disputable. Let’s examine what Mr Hewitt said this night. “GameOn has entered into a purchase option agreement to purchase the land...” The key as we’ve examined this is that all it really means, beyond the parsing of words, is they may have said to the owners of the Westchester Golf Range, “We’d like to go on record that we are interested in purchasing your Golf Range.” Hence, a purchase option agreement. We also imagine the response being, “Yeah, that’s nice. Listen, money talks. Who do I look like, Paul Feiner? Come back and talk to me when you have the money!”
Hewitt also claimed that he would be keeping the Westchester Golf Range as it is and simply add the Westchester Field House. This starts to make Mr Hewitt’s “plans” a bit sketchier and ABG more skeptical. What he is alluding is that he will be purchasing both properties and creating a mega-sports complex. But how can he do this? He didn’t have enough money to purchase the Frank’s Nursery property unless the Town financed the deal for him by offering an unsecured loan. One way would be for GameOn 365 to actually purchase the Westchester Golf Range with a minimal down payment and have the current own carry the mortgage as Mr Feiner offered to do for 715 Dobbs Ferry Road. Although, Mr Hewitt claims to want a mega-sports complex, it appears what he would be doing is creating is his original proposal for the Westchester Field House on 715 Dobbs Ferry Road – the former Frank’s Nursery property.
ABG can think of several considerations with this taking place. First, perhaps GameOn 365 found their sugar-daddy investor and can actually purchase, albeit limited, a property now. Second, everyone has failed to comment on the hazardous contamination and remediation that must be addressed at 715 Dobbs Ferry Road. Third, if GameOn 365 were able to purchase the Westchester Golf Range, the Town could still undermine everything Mr Feiner claimed with doing an RFP at the Town Board meeting and still do a private sale of the property to GameOn 365. Fourth, as such, House of Sports might not want to be next door to GameOn 365, which has always been Mr Feiner’s ultimate goal to gift 715 to GameOn 365. Fifth, if House of Sports is interested in developing the property at both locations, what’s to stop them from continuing to “trump” any offer GameOn 365 might choose to make? Having a profitable and operational sports business certainly make it easier for them to do this. Sixth, Mr Feiner has pulled so many stunts during this entire scam, it’s hard to believe anything he tells us any more. Could this simply be another ploy by a previously resistant Mr Feiner to the House of Sports’ offer with the end-game of getting House of Sports out of the picture?
What’s it going to be? Nobody really knows. ABG believes the RFP proffered by Mr Feiner at the last Town Board meeting is not sincere. Like his bogus referendum to help GameOn 365, we still believe he is trying to find a way to give the gift of real estate to GameOn 365. GameOn 365 is threatening to purchase the Westchester Golf Range, which seems like another illusion and maneuver for appearances sake, using semantics to purport their case. By seeming to want the entire entity of two properties, ABG believes they are trying to scare away Elm Street Sports from participating by parsing words.
ABG disappointingly knows, as does everyone else that Mr Feiner met secretly with GameOn 365 to strike a sweetheart deal before the Town acquired the Frank’s Nursery property through foreclosure. As such, we are suspect that the same type of meeting may have taken place again with new ground rules drawn and a new strategy in play. Let’s see where this new voyage takes us. Wherever it is, keep your phasers on stun, computers on and reset your B.S Meters to allow them to set off alarms when the peak!
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