04/24/2008 (2) - Laserfiche WebLink

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To show that Alcohope and New Horizons had severed relationship before October 2003, Attorney O'Haire cited portions of the Lease (Page 13, subsection (d)) which stated that "Lessee has recently amended its Articles of Incorporation to remove as its sole member, New Horizons of the Treasure Coast, Inc. At the same time, he said, the Hospital Corporation subsidiary and Alcohope of the Treasure Coast entered into an Ingress Egress Drainage and Utility Easement Agreement providing Alcohope the right to use hospital infrastructure, which was also dated October 9, 2003, and recorded in the public records (IRC) November 11, 2003 . (Clerk's Note: entered into evidence by Attorney O Haire, Exhibit 4 — Ingress/Egress Drainage and Utility Easement Agreement) Attorney O'Haire concluded that it was clear that in 2003, Alcohope had the intent and the commitment to move its facility to the hospital campus, and they had leased the property to do that. He provided proof from an Alcohope 2005 Newsletter which reads, "Alcohope has moved - New address above." (Clerk's Note: entered into evidence by Attorney O Haire, Exhibit 5, Alcohope's 2005 Newsletter) Attorney O'Haire noted that attached to the exhibit was the April 2005 calendar, which showed that the meeting dates in the Newsletter coincided with the calendar for 2005, and that indicated that Alcohope had moved everything away from their former facility, and in accordance and agreement with its commitment of 2003, to the Indian River Hospital subsidiary. He also noted that there was admission on the part of The Source that this happened, as shown in the letter from Bruce Barkett to John McCoy, dated September 27, 2006, confirming that Alcohope had left the 37th Avenue property in April of 2005. April 24, 2008 36 Special Call Meeting (The Source)