Sooooo! | Who are we bound to?

david_hardenTo; Tom Menocal
My e-mail below from 1/12 answers the question you have asked again today.
David Harden

to: David Harden

Who are we bound to?
This is a simple Contract 101 question to determine the validity of an agreement or contract.
Before proceeding any further with the proposed renovation of GCaCH, this question must be answered.
In reviewing public records, the one consistent individual involved in the original agreement, in the  dissolution of Prospect Heights Inc in 2005, and  probably to the present, is James J. Kearns, Esq.
He’s just up the road in Daytona.
James J. Kearns, Esq.
138 Live Oak Ave
Daytona Beach, FL 32114
Frankly, the repeated evasion of this question  by the full city council and Golf Club at Cypress Head, Inc, is bordering on the illegal.
Is the next step legal action or disclosure?

Tom [Tommy] Menocal
Port Orange, FL
g: 414.367.4140 – GoogleVoice#

david_hardenFrom: Harden, David

Sent: Monday, January 12, 2015 3:41 PM
To: ‘Tom Menocal’
Subject: RE: Cypress Head – Who Owns It?
The facts of each case can be somewhat different, however I am told that in similar cases the property has reverted to the surviving officers and directors of the corporation, if any. If there are no surviving officers or directors, the court may assign the reverter rights to a trustee to enforce.

From: Tom Menocal []
Sent: Thursday, January 08, 2015 2:30 PM
To: Harden, David
Subject: Re: Cypress Head – Who Owns It?
My apologies Manager Harden.
My question is:
If Pioneer Heights, Inc dissolved on 01/31/2005, who is this land use agreement with?
Who are we bound to?

david_hardenOn Thu, Jan 8, 2015 at 11:15 AM, Harden, David <> wrote:
The Agreement to which you refer, recorded on 09 AUG 1991, provided in Section IV for transfer of the Golf Course Property to the City when certain conditions were met. This transfer was accomplished on December 20, 1991 by warranty deed from Pioneer Heights, Inc. to the City, which deed is recorded in OR Book 3715 starting on Page 1631.

From: Tom Menocal []
Sent: Thursday, January 08, 2015 8:16 AM
To: Green, Allen; Ford, Bob; Harden, David; Burnette, Don; Bastian, Drew; Stiltner, Scott
Subject: Fwd: Cypress Head – Who Owns It?
Why won’t the CoPO answer this question?
Pioneer Heights, Inc. keeps being referenced in the conversation regarding GCaCH.
As stated before, Pioneer Heights, Inc. was voluntarily resolved on 1/31/2005.
So who is this land use agreement with?

———- Forwarded message ———-
From: Tom Menocal <>
Date: Sat, Sep 6, 2014 at 6:11 AM
Subject: Cypress Head – Who Owns It?
To: Allen Green <>, Bob Ford <>, Dennis Kennedy <>, Donald Burnette <>, Drew Bastian <>
Cc:, Sonya Laney <>
There is a governing agreement between [Pioneer Heights, Inc.] and the [City of Port Orange] recorded in [BOOK 3673, PAGE 0576] on 09 AUG 1991. The owner, at that time, is clearly Pioneer Heights, Inc.
In 2005, Pioneer Heights, Inc. voluntarily dissolved its incorporation.
PIONEER HEIGHTS, INC. – Voluntarily Dissolved in 1/31/2005
There are two sections of the agreement that trigger this question. And every time I ask, a response is being avoided.
Section XII – Default
Section XIII – Assignment
These two sections determine true ownership.
Before making any improvements to the Cypress Head golf course, it is an obligation for the CoPO to disclose true ownership.
Tom [Tommy] Menocal
Port Orange, FL
g: 414.367.4140 – GoogleVoice#

2 thoughts on “Sooooo! | Who are we bound to?

  • February 12, 2015 at 4:52 pm

    Tom, there has to be an answer to your question. Could it be the dunces who run Cypress Head as well as our city officials don’t know? Perhaps our City Attorney Margaret Roberts who collects a large salary and has legal expertise can get to the bottom of the matter. Isn’t is kind of fishy that they can’t answer the question “who owns Cypress Head golf course????? I don’t care how convoluted it appears, somewhere there is an answer.

    • February 13, 2015 at 8:40 am

      The problem with Port Orange government is that the Mayor and his Councils past and present are no better than the buffoon managers they keep betting the farm on whether it was Parker the totally immoral accommodateor, Kisela the pathological liar, or Harden the senile old fool. If Tom’s question goes unanswered it is because Council does nit want it answered.
      And who do we have on council, well from left to right we have Mr fiscal conservative who can’t spend taxpayer money fast enough and who recently sold his soul to the Cypress Head golfers, Mr wind bag ted baxter who has his political finger so far up in the air that he has been cited by the FAA on multiple occasions as a flight hazard, Mayor green jeans who never met a higher tax or fee that he did not like as he scams taxpayers daily from down on the farm when he is not living in one of the multiple residences he maintains in various contractor pockets around town, Poor drew bless his heart who is trying so hard to be loved by everybody, and Mr sell out himself who can’t abandon his campaign promises fast enough as he gets comfortable wearing what Ted recently called his pixy dust blinders.
      This situation is pathetic soap opera as we go week to week watching Council hop around issue after issue so as to make sure they never ask any tough questions to be followed on issue after issue by the citizens for a better port orange who have no hesitation making Council look like the schmucks they are. I have been routing for those citizens for a while now and I would bet a lot more people are doing so every week. .


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