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square feet of office space. The Board's minutes reveal that no discussion <br /> of the office space requirement was ever had. <br /> Lakewood's planning officer, Bryce Sylvester, prepares the docket <br /> for Board meetings. He. had a duty to inform the Architectural Board <br /> members that Carnegie's proposal failed to comply with the requirements <br /> of the Development and Use Agreement. To have placed Carnegie's <br /> proposal with no office space provision on the Board's docket is <br /> malfeasance. Such malfeasance can't help but make one conclude that <br /> the prior Administration intended to allow Carnegie to go forward without <br /> the required office space. Remember, the office space was supposed to <br /> "create new opportunities for income tax growth, most notably through <br /> new Class A office space." <br /> Carnegie has a contractual duty to include a minimum of 3.6,000 <br /> square feet of office space in the development. Seeking board approval <br /> of a development without such space is clear evidence of its anticipatory <br /> breach of contract. An anticipatory breach of contract by a promisor is a <br /> repudiation of the promisor's contractual duty before the time fixed 1; r <br /> performance has arrived. This new council should pass legislation :to <br /> terminate the breached Development Agreement. That's the right thilag <br /> to do. Lakewood should not be giving away over Five Million Dollars <br /> of property to a developer who is intentionally breaching its contractual <br /> obligations. <br />