Emails Regarding the Updated SAP Proposal
From: Larry Westberg
Sent: Wednesday, May 17, 2023 8:59 PM
To: John Livingston
Subject: May 12 Proposal
John,
I read the letter to you and the proposed alternative.
What use will the one acre more or less that the golf course will own? How about a single family residence lot with a deed covenant prohibiting access across that parcel coupled with a barrier except for a driveway. Otherwise people will cross it to and from Fair Oaks.
Larry Westberg
From: John Livingston
Sent: Thursday, May 18, 2023 8:31 AM
To: Larry Westberg
Subject: RE: May 12 Proposal
Thanks Larry.
This was a PR Hail Mary, so that Mr. Gustafson could divide and conquer the homeowners. This was actually a suggestion we made to him several months ago offering to have the parcel remain R-2 and buy it from him or use it for a Wounded Warriors home. He refused because he wants to retain control of the access, knowing that the ACHD has already signaled to the developer and the City Planner that they will require it to be opened for fire/police and schools.
Lynn and I were on the Oregon Coast when Mr. Gustafson reached out to me—not my attorney as previously agreed upon. I referred him immediately to Mr. Leroy telling him that all negotiations should be between the parties with attorneys’ present—I notified the other clients immediately of this breach in a previously agreed upon protocol. We came back several days early hoping for a private negotiation pursuant to a settlement agreement. I was completely surprised when I saw his e-mail to me made public.
Our position remains as it has always been:
The Master Declaration Contract remains valid and operative.
The (SAP) as it stands in Garden City Code or as proposed in the second instance—the proposed Amendment to Code which is before the City Fathers is not consistent with the letter or the spirit of the State Special Use Permit (SUP) Statute.
The Master Declaration Contract requires that the property rights of homeowners in the neighborhood need to be addressed for any changes in zoning or for development by any member of “The Plantation” development—including the golf course—which is a property owner in the neighborhood.
We have told all parties—applicant/declarant/ownership—we still don’t know who that is at this late date, that we will not contest the existing (SAP) and phase 1 and 2 development if they take phase 3 off the table.
We very much appreciate your input and please feel free to offer any advice and express any concerns that you may have as we move forward. Your support is valued and very much appreciated.
Respectfully,
John Livingston
Will and Save Plantation have refused to publish our position.