Will Minneapolis allow a person seen on television news attempting to bribe a Minneapolis City Council Member, (and still presumably under indictment for that crime), to successfully acquire City of Minneapolis property under possibly fraudulent conditions?
A Deed with "Conditions" constitutes a legal contract. For a contract for real property to be valid the sale must include a willing seller and a willing buyer who for consideration agree in good faith to transfer ownership of property. Consideration can include monetary payment and the performance of certain "conditions". If that consideration is not made then the transfer and sale are void, and the contract invalid. On May 11, 2004 Scott Benson and Don Samuels on behalf of the City of Minneapolis transferred ownership of the Elroy Block to Basim Sabri doing business as "Karmel Properties, LLC." Conditions were specifically placed upon that deed which transferred said property. Among these conditions was the building of a specific type of building for a specific kind of use. The deed specified that if such conditions were not specifically performed upon in a specified time then the deed was void and the property returned to the ownership of the City of Minneapolis. That deed specifies (quoted directly from that instrument of conveyance): "In the event the Purchaser herein shall, prior to the recording of the Certificate of Completion: (a) default in or violate its obligations with respect to the construction of the improvements (including the nature and date for completion thereof) provided for in this Deed and the Agreement... . Then the Seller shall have the right to re-enter and take possession of the property and to terminate and revest in the Seller the estate conveyed by this Deed to the Purchaser." In my opinion Scott Benson and Don Samuels were dealing in good faith, but Sabri was clearly not dealing in "Good Faith". He had apparently already arranged to have different architectural plans drawn by a professional architectural firm ,and had already begun the process to have a zoning change to allow the construction of a building and a use of that property that were outside of the "Conditions" of the Deed. Such are prima fascia evidence that he intended to violate the contract even before becoming a party to it. Council Members Benson and Samuels should be very distressed and angry that they had unknowingly been lead to participate in such a "Bad Faith" deal! Their fellow City Council Members should clearly make a statement that dealing with the City in "Bad Faith" is not tolerated. That bullying and deception are not allowed when dealing with the City of Minneapolis. Not only should the City of Minneapolis retake possession of the Elroy Block because of failure to perform, but also the property should be re-taken because the original Deed and Agreement was void from its inception due to a lack of "Good Faith" on the part of Sabri when entering into the agreement. The intention to not follow the tenants and conditions of the agreement can be viewed as intent to defraud the City of Minneapolis of its "interests". The Minneapolis Planning Commission will be considering part of that zoning change today at 4:30 in the Council Chambers of City Hall. It is inappropriate for the Planning Commission to even consider such an application until true ownership of the property is determined. Jim Graham, Ventura Village, Phillips Community Planning District, Sixth Ward of Minneapolis "If you board the wrong train, it is no use running along the corridor in the other direction." - Dietrich Bonhoeffer REMINDERS: 1. Think a member has violated the rules? Email the list manager at [EMAIL PROTECTED] before continuing it on the list. 2. Don't feed the troll! Ignore obvious flame-bait. For state and national discussions see: http://e-democracy.org/discuss.html For external forums, see: http://e-democracy.org/mninteract ________________________________ Minneapolis Issues Forum - A City-focused Civic Discussion - Mn E-Democracy Post messages to: mailto:[EMAIL PROTECTED] Subscribe, Un-subscribe, etc. at: http://e-democracy.org/mpls
