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On November 5, 2019, the General Election ballot will contain the following proposition put forth by the Town of Caroga Town Board:
Do you approve of the Town of Caroga’s sale of the Sherman’s Amusement Park Property to The Caroga Arts Collective, Inc., upon the terms and conditions specified in their Property Sale Contract dated June 14, 2019?
On August 26, 2019, the Town Board reaffirmed the above in Resolution 2019-088.
If the ballot proposition passes, the property would be conveyed to the Caroga Arts Collective, Inc. and all of the terms of the original Donation Agreement would cease under the terms of the General Release & Waiver, including paragraph 4(A)(7) of the Donation Agreement stipulating the future obligation to provide sewage disposal for the parcels owned by Balboaa Land Development Corporation. Such disposal would require construction of a sewage treatment plant.
The offer by the Caroga Arts Collective, Incorporated includes payment to the Town of Caroga the Town's share of property taxes on the Sherman's property.
On August 27, 2019, the Balboaa Land Development Corporation filed a Verified Reply to Counterclaim.
On August 14, 2019, the Town Board in Resolution 2019-085 authorized the Town Supervisor to sign a Verified Answer and Counterclaim in the matter of the Balboaa Land Development Corporation legal action.
On July 25, 2019, Balboaa Land Development Corporation filed a Summons with Notice of Complaint against the Town of Caroga in Fulton County Supreme Court.
On July 8, 2019, the Town Clerk was served with the Notice of Claim re: Balboaa Land Development Corporation v. Town of Caroga, this time including a copy of the donation agreement and Form TP-584 for real property transfer.
On June 28, 2019, the Town Clerk was served with Notice of Claim re: Balboaa Land Development Corporation v. Town of Caroga.
On June 12, 2019, the Town Board passed Resolution 2019-056 (certified by the Town Clerk) authorizing Supervisor Selmser to sign the following Property Sale Contract (signed by both parties) to sell Sherman's to the Caroga Arts Collective, Incorporated. The resolution stipulates that a mandatory referendum will be held in August 20, 2019. Fulton County Board of Elections will be involved with referendum details and logistics. A “Yes” vote will approve the sale; a “No” vote will reject the sale. All registered voters in the Town of Caroga will be eligible to vote.
On May 22, 2019, the Caroga Arts Collective presented their plans for Sherman’s and their MyHil property at a Town Board meeting.
On April 22, 2019, the Town Board passed Resolution 2019-036 authorizing Supervisor Jim Selmser to sign a General Release & Waiver (signed by both parties) that will terminate all possible claims related to Sherman’s by Balboaa Land Development, Inc., the donor of the Sherman’s property, if and only if Sherman’s is conveyed to the Caroga Arts Collective. The Release does not apply to a sale to any other party. Any sale could only happen after the voters approve that sale in a Referendum. If a majority of the voters vote “No” at a Referendum on the sale to Caroga Arts Collective, the Sherman’s sale will not occur and the this General Release & Waiver becomes null and void.
In April 2019, the Town Board received a Property Sale Contract signed by the President of Caroga Arts Collective, Inc. This contract needed to be revised before it was suitable for Town Board action.
On March 13, 2019, the Town Board passed Resolution 2019-035 to convey to the citizens of Caroga a statement about the Status of Sherman’s. This statement should answer many questions you have about what has been going on with Sherman’s.
On February 10, 2016, the Town Board passed Resolution 2016-026 to convene the Sherman’s Advisory Committee. This committee was tasked with soliciting proposals from the public for the development of Sherman’s.
On December 29, 2014, Supervisor Ralph Ottuso and Balboaa Land Development's President George Abdella signed this Donation Agreement. Among the provisions of this agreement was the requirement (in paragraph 4(A)(7) of the Donation Agreement) that the Town of Caroga, at the Town's own expense, provide whatever sewage disposal capacity Balboaa Land Development might need for future development of parcels behind the Post Office up to the Benson Road. Additionally, the donation agreement forbids the Town of Caroga from selling the Sherman’s parcels (in paragraph 4(A)(1) of the Donation Agreement). This prohibition against selling the property is similar to the terms of the donation agreement for the Golf Course nearly a century ago.