The first lease to the Fort Howard, Md., Department of Veterans Affairs property, for the development of a proposed veterans community - John Infantino's bogus Bayside at Fort Howard - on the valuable Chesapeake Bay waterfront was terminated for the reasons below; which come from court records when Infantino sued the United States (every American citizen) as a 'smoke screen' to cover his scams:
"After several years, the VA became concerned about the status of the project and, starting in February 2009, the VA began sending notices of default to FHSHA (Fort Howard Senior Housing Associates). Ultimately, the VA determined that FHSHA was in default of the Lease and, on August 17, 2009, the VA terminated the Lease for default on the primary grounds that FHSHA had failed to (1) commence construction of the new CBOC (Community Based Outpatient Clinic) such that it would be completed with the timeframe required under the Lease,1 (2) maintain and secure the property, and (3) pay its proportionate share of the utility bills."
"FHSHA filed its initial complaint on August 16, 2010 and an amended complaint on June 29, 2012.2 In its complaint, plaintiff asserts that the VA's termination was wrongful on two main grounds: (1) its failure to build the CBOC was excused by the force majeure (an unexpected event such as war, crime, or earthquake) clause in the Lease, and (2) the government otherwise breached the Lease on various grounds. In its amended answer, the government counterclaimed for breach of the Lease and seeks $313,328.45 as the amount allegedly owed to the government under the Lease."
"Id. The Termination Notice constituted the designated VA Representative's final decision that the Lease is terminated in its entirety for the following reasons:
1. The defaults identified in the Default Notices constitute a failure to pay Rent, as defined in the Lease. The failure to pay Rent is a material default.
2. FHSHA's failure to maintain the Property and undertake the maintenance required by the Lease at the Property, as described in the Default Notices, are material breaches of the Lease and constitute a failure to pay Rent.
3. FHSHA's failure to secure the Property, as described in Default Notice 2, is a material breach of the Lease and constitutes a failure to pay Rent.
4. FHSHA's failure to maintain insurance on the Property, as described in Default Notice 2, is a material breach of the Lease and constitutes a failure to pay Rent.
5. FHSHA's failure to pay for electrical utilities, as described in Default Notice 1, is a material breach of the Lease.
6. FHSHA has taken no steps to begin the actual development or construction of the Project. FHSHA did not respond to VA's request in Default Notice 2 that FHSHA provide assurances that FHSHA would complete Phase 1 of the Development Plan in accordance with the Lease, including construction and acceptance of the CBOC within thirty-nine (39) months of the Effective Date of the Lease. To date (almost thirty-six (36) months after execution of the Lease), FHSHA has failed to obtain financing for the Project and no lender has been identified and confirmed that it is ready, willing, and able to provide FHSHA the requisite financing to enable FHSHA to construct the CBOC. In addition, no plans have been submitted to VA or the County for review and approval. Further, FHSHA has not started construction of the Project. Accordingly, VA has determined that FHSHA will not be able to meet the deadline of thirty-nine (39) months after the Effective Date of the Lease (December 28, 2009) for construction of the CBOC in accordance with the Lease terms.
Id. at 786-87."
Court report copied from:
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