consultants are sandburs

Thursday, March 07, 2013

City of Ramsey buys Jeff Wise's liquor store.

Held to six figures, kudos for that.
Unaltered photo by Sakry. From ABC Newspapers report.

Never mind the two-figure bargain signage prices. This was a sixer.

A six-pack of a bargain.

First meeting of the year in the hallway, I told Jeff he'd get his deal. He got his deal.

Done.

Next, wind up Landform stuff.

Move on. Satchel Paige said, "Don't ever look back. Something might be gaining on you."

One caveat - I do hope the papers are drawn up to reflect a full compromise, accord and satisfaction with each side covenanting not to sue the other over any prior dealings or representations, a full merger clause, and a recitation that the contract includes no restrictions or constraints on where Wise may relocate, nor on what, if any, subsequent use to which the City might put the premises. Each side reciting it has no basis to sue the other based on any event or action from the beginning of time through the signing of the closing papers, recording of title transfer, and up to the very moment of the disbursement from escrow of nearly a million bucks to Wise and/or his firm. And it should recite both sides understand whether or not any purchase or sale of city land to Wise happens or fails to happen is independent of the purchase of the present Wiser Choice site and that Wise declines to rely upon any previous representations or promises made by any city official(s) and/or agents, especially including but not limited to Darren Lazan. That last part, it should be express and clear that nobody but Jeff and Lazan know what discussions or encouragements to rely may have been involved in oral communication between Wise and Lazan. So nail that door shut, tightly and permanently.

Why all that musing? Because, Sakry wrote:

The purchase was tabled Oct. 9, 2012 by the council until after Wise’s four-year term ended to avoid any legal ramifications.

Wise believes the move was political.

He has a $1,000 attorney’s opinion that says it was not a conflict for him to sell his land or purchase property from the city, he said.

Wise said he is relieved the sale is done.

Now he can negotiate like a normal developer for the purchase of city-owned land for his new liquor store, he said.

“I feel more comfortable negotiating as a non-councilmember,” Wise said.

I think everyone in Ramsey feels more comfortable that way, but if Wise does not like pricing and terms in negotiating for a Town Center site; we would not want any unseemly threats of litigation to then crop up. Jeff, in any sensible deal, would have to waive that kind of potential nonsense. If Jeff was complaining over timing previously, he should, given the generous amount he receives, make it clear the city owes him nothing further it being his sole obligation to satisfy all other potential or actual consequences of the sale; i.e., the city is under no time contraint to accomodate Wise's desires to close on any other location on any particular time frame beginning upon the closing of the negotiated city purchase of Wise's present business site.

In moving on, there is no real time for any sore-head thinking or recriminations. Yesterday's fish get ripe if you hold onto them.

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