2014

The mysterious Quit Claim Deed for Spellerberg Park

You could read this several different ways (DOC:Spellerberg Park info from Deed files-2 ) but I decided to pull out the finer points of the 23 page document that covers the original purchase by the VA and the city’s purchase of the park.

Honestly to tell you, if I was reading this as an attorney or judge, I would be on a fence. While you could easily argue as long as the city was using this park for recreational purposes (indoor pool) and not interfering with the business of the VA, they have a 100% right to build an indoor pool at Spellerberg, AND I would see NO legal issues or conflicts with the deed if the city builds an indoor pool at that location.

I’m sure I surprised everyone with that statement 🙂

I have never been against a public indoor pool, I just think there should be a larger private partnership with it and at a different location. Which brings me to item (b)

Who ‘determines’ if the city is using the park properly in reference to the deed? The Veteran’s Administration? They could almost make any case as to why the city build the indoor pool with interference to the VA.

This is why I think it is very important that both the city and the VA come to a legal agreement OR an amendment to this deed before dirt is moved. It would be the wise and prudent thing to do before building a $20 million dollar facility.

Image was cropped and highlighted for ‘specifics’ reasons, no text was edited or changed.

quit-claim-deed

 

City is operating the Events Center with a ‘Temporary Occupancy Permit’

As discussed on Saturday with the Mayor, it seems the EC only has a temporary occupancy permit,

SEE DOCUMENT HERE: EC_TEMP_Permit

Since August 1, the city has been holding events without final inspections being approved (as noted in the document).

If our EC is truly ‘finished’ and we are using it, what is the hold up on a final occupancy permit? Can restaurants sell food before a final inspection? Can a home be lived in without final inspection? Not sure, but I would certainly think we would want a permanent occupancy permit before putting on sold out events.

As we have seen in the siding debacle (so far) from MJ Dalsin, that the city and Mortenson wanted to cut corners and cost, that is why the job by McGrath was so poorly done. With this temporary permit, it makes you wonder what other corners were cut to keep this facility under budget.

I have a feeling the siding is just the tip of the iceberg.

Feel Free to give to DaCola

tip-jar-foodist

It’s that time of the year, hosting fees are due, and if you would like to contribute, feel free to give to my PayPal account (you can also click on it in the Right sidebar). No donation is to small (or large).

As you know I volunteer my time to this site and sell very little advertising, I guess that is the downfall of being an independent in South Dakota. Maybe I need to start posting more press releases by Noem and Thune 🙂