City spokesperson Betsy Tyler
said that the City Council has been briefed on the letter and City
Attorney Ted Meeker has responded to the bank
denying the bank's claim.
Mark Oldenburg, the development
authority's attorney, said the
group has no way to make the payments.
"They can't even say they'll try to make a payment schedule," Oldenburg
said.
The authority understands
that its assets are at risk, "but their
hands are pretty much tied," Oldenburg added.
The debt, as cited by a letter from the bank to the city and the development
authority, is just over $995,000 as of May 4.
Glover told authority members
Monday evening that he hopes to clear up the matter without heading
to court. "We'd like to see if
there are ways to resolve this dispute without a legal hassle," he
said.
Glover told the authority that he had recently sent a letter to DAPC
Chairman Scott Formel about the money that the authority still owes the
bank.
"It was your standard letter letting you know that money was owed," Glover
said. "No payments have been made in several months, which is why
the letter was sent out."
Glover said his presentation
was to make sure that both parties had the same facts and to answer
any questions that the new authority members
had about the situation. He gave the history of the bank's lending
to DAPC that led to the authority owing the big unpaid debt.
The story as Glover sees it, which was undisputed by any current authority
member, goes like this:
In 1993, the city had the
Frederick Brown Jr. Amphitheater and dreams of a tennis complex. The
DAPC was asked to be the city's agent to
run the amphitheater and to create and run the tennis center. They accepted
the challenge and did the job they were requested to do, Glover related.
The amphitheater was very
successful and the Peachtree City Tennis Center was recognized as one
of the �nest in the country, Glover said.
Construction items were submitted and approved and the DAPC borrowed
money to pay for the construction items. That money is now in default,
Glover said.
The DAPC entered these contracts,
but in the city's name, Glover
said. In 2001, there was an agreement between the city and the authority
that the authority would manage these venues and the city would supplement
them with revenues from the hotel/motel tax or a bond issue, Glover said.
Though there were various discussions in 2002 and 2003, nothing was
implemented and late last year the city created the Peachtree City Tourism
Authority to manage the venues, Glover said.
Since the DAPC no longer operates either the amphitheater or the tennis
center, they have no money to pay the debt and the debt of $1 million
went into default.
Glover said the bank can prove that all money went into authority accounts
and they also have documentation of debt instruments. He also stated
that the current authority members are bound by the acts of the previous
authority members.
Glover also stated that it
was his client's position that the city
is also bound in this dispute, though he was told that Oldenburg doesn't
necessarily believe that.
Glover said he was not looking
for a solution to the dispute Monday night, but he and his client would
like to know the authority's
position on the debt and a plan to deal with it soon.
Formel told Glover that board
members "don't have the answer
yet, but we'll get back to you."







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