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3/3/1992
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3/3/1992
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/03/1992
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Contracting Company. In other words, are we placing ourselves <br />further at risk or less at risk? <br />Attorney Collins was prepared to answer some of those <br />questions if Attorney Reynolds preferred. He explained that at <br />this point we have a contract with Guettler and we cannot rescind <br />that contract without being in breach ourselves. It is his <br />understanding that we can terminate only for cause. What Attorney <br />Lawrence is asking the Board to do this morning essentially is to <br />make a determination that there is cause to breach the contract in <br />the absence of all the facts that they plan to develop and present <br />to the Judge. Attorney Collins felt it would put the Board at more <br />risk to make a determination in the absence of facts to breach and <br />rescind the contract today, rather than waiting for the Judge to <br />make that determination. If the Judge makes such a determination <br />and Guettler has performed work, he would be entitled to a quantum <br />merit payment for the proportion of the work that he had done. <br />Attorney Collins felt that taking action today would risk having <br />liability to two parties instead of one. <br />Commissioner Wheeler asked if Attorney Collins was saying that <br />the Board's liability is much greater if we were to grant the 8 -day <br />delay, and Chairman Eggert interjected that is what she was <br />hearing. <br />Attorney Collins advised that it is not only a question of <br />liability, but a question of how the delay would affect the golf <br />course time table. It is critical that the golf course be <br />completed in time to bring in a stream of revenue next season, <br />because it would affect how the County pays off its revenue bonds. <br />Attorney Collins advised that the Board does not need to take <br />any action today. <br />MOTION BY Commissioner Scurlock that the Board extend <br />an 8 -day delay FAILED FOR LACK OF A SECTION. <br />Commissioner Scurlock stated that he moved the 8 -day delay for <br />the simple fact that there has been allegations made against him, <br />and because he doesn't buy the arguments that the 8 days would make <br />that much difference. Basically, he has been accused of being <br />almost a thief and he intends to cooperate in very way to give <br />every record to these gentlemen. That process starts tomorrow at <br />3:00 P.M. He has served on this Commission for 12 years and felt <br />his relationship with everyone has been a good one, and he is here <br />ready and willing to answer any questions. He has everyone of his <br />financial disclosures and income tax returns since 1982. <br />Commissioner Scurlock stated that this has been tough; he has been <br />19 <br />�ooK � �� <br />MAR 0 31992 F; ;c % �� <br />
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