Sounds like Gary Mottolla agrees with me on the issue.

Give people every reason to come to AP.

We aren't popular enough yet to start challenging their decision to 
come with parking meters.




--- In AsburyPark@yahoogroups.com, "Jack Pitzer" <[EMAIL PROTECTED]> wrote:
>
> Developer gets stay on Asbury COs
> BY NANCY SHIELDS • COASTAL MONMOUTH BUREAU • NOVEMBER 15, 2008
> 
> ASBURY PARK — The city's new stores and restaurants are open this 
weekend and most 
> days of the week, but attempts by the city and beachfront 
developer Madison Marquette to 
> settle how they'll share waterfront revenues ended up in Superior 
Court Friday.
> 
> Madison Marquette appeared before Judge Patricia Del Bueno Cleary, 
who restrained the 
> city from acting on expired temporary certificates of occupancy 
for the boardwalk tenants 
> until a full hearing is held, probably in early December. The 
temporary COs expire today.
> 
> The city has tied permanent COs for dozens of year-round venues to 
getting a 
> redeveloper's agreement between the two sides in place. It was to 
have been finished by 
> last Memorial Day before Madison Marquette started rolling out the 
first of the renovated 
> pavilions. Over the summer and fall, the city agreed to new 
deadlines, first Sept. 15 and 
> then today.
> 
> "The real issue here is, we've been attempting to get a subsequent 
developer agreement 
> for a year," City Manager Terence Reidy said Friday night.
> 
> Both sides indicated Friday that a divide between the two at this 
point focuses on parking. 
> The city appears determined to gain financial self-sufficiency and 
needs to make money — 
> 50 cents an hour — with new parking meters.
> 
> When summer ended, Madison Marquette and boardwalk tenants asked 
that the city not 
> enforce the paid parking in the winter. Madison Marquette also 
does not want paid 
> parking in the evening hours next summer.
> 
> The city in October agreed to shut down parking for the winter but 
did so with the 
> understanding Madison Marquette would offset some part of the 
city's loss.
> 
> "For 10 to 12 weeks, the city's allowed to charge for parking, and 
the entire rest of the 
> year, we're not," Reidy said. "That allows Madison Marquette to 
control our destiny."
> 
> In a letter to Madison on Thursday, Nov. 13, Reidy summed up that 
the city had responded 
> a month earlier to the impact of the changing outside market 
conditions on Madison 
> Marquette's ability to finish the agreement at that time.
> 
> And he indicated some form of agreement had been reached for 
Madison Marquette to 
> give the city a payment for the lost parking revenue, for the city 
to give the developer 
> some form of 30-year payment in lieu of taxes on new construction 
and for the temporary 
> COs to stand for three more months until negotiations concluded.
> 
> Reidy said a subsequent proposal from Madison Marquette had made 
those areas of 
> agreement "elusive" and as of today, the temporary COs would be 
up, and the company 
> would be leasing the pavilions illegally and would get daily fines.
> 
> Madison Marquette could still stop the city from acting by making 
a $75,000 payment for 
> the lost parking revenues, Reidy said in the letter. The city 
would still offer the 30-year 
> payments in lieu of taxes on new pavilion constructions, and the 
temporary COs would be 
> good until Feb. 15.
> 
> Gary Mottola, president of investments for Madison Marquette, 
turned that down and said 
> Friday he went to court instead and obtained the injunction until 
a full hearing is held.
> 
> "Basically, the judge separated the tenants' rights to utilize 
their space from any issues 
> involving the developer and agreements between the developer and 
the city," said 
> Madison's attorney, Roger Roisman.
> 
> "It's the parking," said Deputy Mayor Jim Bruno. "We can't get 
past the parking."
>



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