Sunday, January 2, 2011

120 - "Site Control"

RUPCO writes, in their application for money to the Housing Trust Fund, that they have enjoyed site control since December 2004. Control, that is, of the roughly 28 acres they propose to develop.  Here is a quote from attachment F9 of RUPCO's application:

"RUPCO signed the Second Amendment an (12/31/2009) to the contract of sale (dated 12/31/2007) that provides an additional 18 months of site control through 06/30/2011."

Hmmm.  I dug up this "Second Amendment to Agreement for Purchase and Sale of Real Property" dated Dec. 31, 2009, and the first point of agreement reads as follows:

1. Purchaser Contingencies.  The Purchaser Contingencies Expiration Date under Section 7(b) of the Pruchase Agreement is hereby extended through December 31, 2010.

Now, is there some OTHER second amendment that is NOT in the Housing Trust Fund Application?  Is site control covered under some document other than the agreement for the purchase and sale of real property?

Because, it really looks to me, from here, which is my office, where I looked at every single attachment and enclosure to RUPCO's funding application, that RUPCO simply claimed an extra six months of site control so that the Housing Trust Fund would not give them a hard time about the land sale contract timing out.

(By the way, if you want to plow through the paperwork, the documents can be clicked open from here:
http://www.dhcr.state.ny.us/Funding/Awards/UnifiedFunding/2010CapitalProjectAwards/Applications/retrieve_app.aspx?app=20106044)

I could be wrong, but if I am, where is all the other evidence to show what this 18 month extension is all about?

And, I sure hope RUPCO and EVK Realty, LLC (the land seller) have already coughed up, somewhere, a third amendment to the agreement for the land.  Otherwise, it might be back to the drawing board for RUPCO, in terms of site selection....

Here's to a fresh start and a cleaning out of old and outdated papers!
Happy New Year.

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