Tuesday, July 10, 2012

Groundhog day

If you’ve ever had a sinking feeling that the proposed Central Texas Airport is traveling on a Mobius strip in another dimension read on.

In the spring of 2010, negotiations for the 381 Agreement were intensifying. On March 23, Tom Pollan, the County’s attorney at Bickerstaff, Heath, Delgado, Acosta LLP presented nine Non-negotiable Terms to the CTA team. Discussion of these Terms continued for weeks. In an April 08, 2010 letter to Jerry Kyle at Andrews Kurth LLP discussing the Non-negotiable Terms, Tom Pollan stated:

While we appreciate CTA’s acceptance that any modification of the territory included within the Property described in Exhibit “A” to the 381 Agreement will only be effected upon consent by the County, the County still has not seen a description of the property. The County will want to have this description and evidence the CTA has all of the requisite property under contract or option before it continues with negotiations to ensure that the airport can be built if the County is to enter into the 381 Agreement.

Jim Carpenter himself emailed a response to former Judge Ronnie McDonald and Commissioner Lee Dildy on May 05, 2010 confirming that the McFarland tracts were under contract. Marie Love at Gracy Title provided the requested document.

Please note that this contract dates back to 2007 when the first application to the FAA was made for the Colorado Riverland Ranch airport.

Now fast forward to 2012 and the negotiations currently taking place regarding Force Majeure. In a June 18, 2012 letter to Patrick Lindner, the County’s attorney Tom Pollan requests:

In addition please provide documentation to confirm the CTA currently owns the Property described in Exhibit A of the Agreement or has in effect an option or other agreement to purchase it.

In an attachment to Patrick Lindner’s response to Tom Pollan, Marie Love of Gracy Title (who is now a Senior Commercial Escrow Officer) comes to the rescue again with a nearly identical document.

Two years later and it’s back to square one. Hold on to your wallets. Here we go again . . .

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