According to settlement of 4/5/2000 almost everything
prior to July of 2000,
when Steve's lease was signed by county, is moot. The tie-downs have never
been enforcable by Steve and the County has persisted in misinterpreting
which tie-downs are which. The fuel flowage has never been properly
addressed in the lease and has never been amended to show what it right
and what is wrong. Steve agreed to discuss this with the County but the
County never allowed this to happen. More details are included in Pechner's
letter of 9/1/00, Exhibit "E" if the Treiber lease, memo from Nicolls to
Alcott dated 7/20/00, and the Stipulation for Settlement dated 4/25/00.
Pechner's Letter -
Memo -
Settlement
The $24,183.30 on D25 or D30 (2/99 to present) should, in reality, be reduced by:
..... $294.00 - Late charges 2/99 - 10/99
....... 42.00 - Late charge 11/99
....... 42.00 - Late charge 12/99
.... 4,200.00 - Lease charges 1/00 - 6/00
.... 7,700.00 - Lease charges 2/99 - 12/99
...... 589.75 - Fuel flowage fees 1/11/98 - 1/5/00
...... 210.00 - Tie-down fees 2/00 - 6/00 N50920
...... 210.00 - Tie-down fees five aircraft 2/00
...... 252.00 - Tie-down fees six aircraft 3/00
...... 252.00 - Tie-down fees six aircraft 4/00
...... 252.00 - Tie-down fees six aircraft 5/00
...... 252.00 - Tie-down fees six aircraft 6/00
------------------------
.. $14,295.75 - Total
$24,183.30 - $14,295.75 = $9,887.55 minimal to be paid to County (see below)
$9,749.00 + $10,379.15 = $20,128.15 actually paid to County
$20,128.15 - $9,887.55 = $10,240.60 minimum that the county owes Steve as of the date of D25 or D30 (our reference numbers) which are the same document and not dated.
Some of the other amounts in the remaining $9,887,55 are in dispute. They are listed as follows.
.... $210.00 - 7/00 - 3/01 Late charges ..... 616.25 - 1/6/00 - 3/19/01 Fuel flowage fees 12,325 gallons ..... 672.00 - 4/01 - 8/02 Late charges ..... 199.65 - 8/20/01 Fuel flowage fees 3,993 gallons ..... 102.50 - 8/21/01 Fuel flowage fees 2,050 gallons ..... 187.15 - Flowage fees 8/27/01 - 9/5/02 ... 6,300.00 - FBO 12/01 - 8/02 ..... 378.00 - Single tie-downs 12/01 - 8/02 ..... 432.00 - Twin tie-down 12/01 - 8/02 ..... 700.00 - 9/02 FBO ...... 42.00 - 9/02 Single tie-down ...... 48.00 - 9/02 Twin tie-down --------------- .. $9,887.55 Total
We believe that at least part of the late fees above of $210.00 are only late fees because Brian (to whom the checks were given) may have failed to post them until a later time. No request for late fees since the lease began (July 2000) was ever presented to the Cimmarustis.
Fuel flowage above cannot be charged to Steve because the county has, to this date, failed to furnish any addendum, modification, or other document affecting the lease, and the lease has no provision for fuel flowage fees from the FBO.
The tie-down fees are a matter of possible contention. If some are decided to be due the county, they may be deducted from the amount the county owes Steve.
>From the time the new lease was signed (July 2000), Steve has paid all fees due in a timely fashion with the exception of a few months after the 9/11 disaster which were paid late.
Where is paperwork on $10,379.15 that Steve paid on 9/24/00 according to County (D25) and why is there inked in amounts on A43 ?
Why did the county fail to furnish any indication of the pertinent provisions of the settlement with Steve of 4/25/00 ? These would have shown that the extortion of $9,749.00 from Steve on August 25, 2002, and its subsequent misapplication (see 9/10/02), was unlawful.