2003-11-21 tflorida - Laserfiche WebLink

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LEONG:I just wanted to highlight a couple of the points that are in the Background Report that Mr. Hayashi did not mention in his presentation today. Just that after the Special Permit was granted in 2000, we did, in accordance with this CommissionÓs decision, submit a tree planting plan to the Planning Department for approval. The Planning Department asked us to obtain the authorization of the fee owners of the subject property, which, as you see from my petition, we did, whereupon we were told by one of the fee owners, Mr. Yamanaka, that they would not be signing it until we negotiated a further amendment to the lease. I think the negotiations since 2000 are set forth in my petition. And unless the Commission would like me to summarize them for you, I think the details are in there about how we have not been successful for the past three years in negotiating an amendment to the lease. So I just wanted to let you know that thatÓs where we were in following up with the Special Permit condition. And thatÓs why weÓre before the board, the Commission today asking for amendment to those, the tree-planting conditions, because we have not been able to negotiate a lease amendment. IÓd just also like to mention that the tree-planting plan that we submitted to the Planning Department involves the planting of trees, as shown on the plan that I submitted, on property that is not within the 6,100 square feet covered by the license currently in existence between the fee owners and originally with US Cellular, and now AT&T Wireless has taken over the license for that tower. And thereÓs no way to plant trees within that, this, the fenced area of the tower itself, which is only 3,600 square feet. And thatÓs whatÓs requiring the lease amendment, because the trees are actually outside of the fenced area for the tower. GALDONES:Commissioners, are there any question of Ms. Leong? Commissioner Graham? GRAHAM:Excuse me for speaking so much today. Ms. Leong, it seem whatÓs stopping the condition from being met is the inability of you folks and Yamanaka to come to a reasonable agreement for the tree planting; and thatÓs why youÓre back to us for relief from this condition. I did notice when I read kind of at the last page of our exhibits here, itÓs called Exhibit C, a letter from Vern Yamanaka thatÓs dated st October 21, and kind of in the effort of trying to understand if thereÓs either party being sort of unreasonable in this. He does begin his letter saying, ÐThe lease of the property was based upon representation of a community need and the promis improvements,Ñ and he puts in Ð(road and power up to the site).Ñ And then later, after one more sentence, he says, ÐThe promised infrastructure was never built.Ñ I just wanted, can you give us some background on the accurateness of what heÓs there, in fact, infrastructure promise that has not been built and which would presumably contribute to his less than responsive attitude to your offer? LEONG:I just have a few things to say about that. First of all, I was not the attorney for U.S. Cellular at the time that they negotiated the lease or the license for this 7