CMPA attorney Ed Fleming has one month to complete his investigation into the contract performance and contract formation of Maritime Park Development Partners, the developer of the Community Maritime Park.
With subpoena powers, Fleming may run into some of the same difficulties that I did in my investigation of contract formation. The only two members of the RFQ development team that I was able to connect with were Michael Buckley of Halcyon LTD and Cynthia Griffith of Saxet Realty.
To get subpoena power, Fleming will need to be in litigation with MPDP. Another way is for the State Attorney’s Office to investigate Land Capital, MPDP, Scott Davison and Rick Rodriguez.
Fleming has said that MPDP and Scott Davison have not been very prompt in answering public record requests. The Buckley letter that Davison gave the PNJ wasn’t given to Fleming until after the PNJ published the article. Davison had told Fleming earlier he had no emails or letters or contracts before the day the contract was signed, August 2009.
Here are some of the unanswered about contract formation:
1. What was the true relationship between Land Capital and all the development team members listed in the Request for Qualifications submittal? They need to supply any contracts, memos, letters or emails regarding the RFQ proposal.
2. After removing those like Buckley who say they weren’t part of any development team, would Land Capital met the minimum qualifications to submit a RFP?
3. Same thing needs to be done with RFP stage.
4. Also the payments made to any development team members need to be reviewed and supporting documentation provided to the actual work done on the maritime park. What needs to be determined is that payments are reasonable for the work performed not paying them for work done to win the bid.
5. We need a definitive answer to who are the partners in MPDP – now and when the contract was signed. If they aren’t Land Capital, Brass Real Estate or Magi Real Estate, then we need to know why and if anyone was paid anything or given another contract to give up their interest in MPDP.
