From: Gary S. Gevisser
Sent: Friday, May 25, 2007 1:39 PM PT
To: dave clark
Cc: rest;
Catherine Blundell - RisdonHosegood; James.Sunderland@risdonhosegood.com
Subject: LEG...---... on the ground....RE: Seacrest Lease[Scanned]
Interesting!
Silence in more than 6
weeks and then 4 emails from you in one day which I will very possibly be
placing up on an Internet Blog which you as well as your
lawyers can access at any time in the event you choose yet again not to read my
emails, not to mention so very selective and at the same thinking it smart to
attempt to place me on the “defensive” for your tardiness and lack of honesty.
Who the hell do you think
you are to tell me it will cost me "an
arm and a leg" and then
“sum” [sic] were I litigate against you for your breaches?
And to add “insult to
injury” think I would be so berserk that I would let you get away with “as yo seem to be in great need of funds I will pay that”.
Maybe I was an idiot to
enter into a 24 year lease with an individual who thinks I will let him get
away with drawing such a conclusion simply because I am insisting that you
comply with The Lease where monetary
payments from “yo” [sic] are a SIGNIFICANT
aspect of why I entered in a lease with you in the first place?
Furthermore, I have been
threatened by people much less laughable as well as in significantly better
physical as well as financial shape than you and I who is NOT ALL ABOUT MONEY have never, NOT ONCE, ever been so very foolish as to back down and at the same
time I know you would never threaten me with physical harm not simply because
it is illegal but because your goal right now is not to make me laugh, instead
have me act like the imbecile you are, so busy keeping track of their lies from
day one.
Again, for the record,
below is the email I first sent you spelling out clearly what payments you
needed to make and where those payments were to be
sent, not to mention your decision to ignore repeatedly.
From:
Gary Gevisser
Sent: Monday, May 07, 2007 12:34
PM
To:
theredlionminehead@btconnect.com
Cc:
James.Sunderland@risdonhosegood.com; MDG
Subject: WIRE MONIES.....Fwd:
RE: Dave - I am following up on James Sunderland's visit and to find out from
you that everything is going "according to plan".
Dave - I am just getting back
in to the "thick of things" not to mention I may very well be
visiting with you shortly following a bunch of thieves relieving me of
some gold on the first leg of my recent trip to Europe, not to mention the
publicity Seacrest will inevitably receive as I also make it my
business-personal to explain to the British Parliament not only the
orchestrated white collar fraud but how and why a general manager of a major
New York Stock Exchange public corporation saw fit when "feeling the
heat" following his and my "back and forth" emails to call me up
and threaten me with "Big Brother", to mention little of the lack of
warning signs in travel guide books as it pertains to petty crimes committed by
both security personnel and baggage handlers at airports including, can
you believe it, here in the United States of America where kids are
indoctrinated from a very early age to pledge allegiance to the flag, the
republic of South Africa, blah blah.
I assume the heat wave has
been good for business?
My understanding is that you
owe base rent of £X for both April and May.
Add to that the insurance I paid of £X.
Deduct the £X I agreed to pay for fixing the roof leak.
Add the amount of the percentage rent.
The monies should be wire transferred to my account at Bank X.
Bank routing number: X
Bank account number: X.
Name on account: Gary S. Gevisser and Marie Dion Gevisser
Ps - Where would you suggest I stay for a couple of nights? I was thinking of
Dave, the retired bank manager just up the street who has a bed and breakfast.
Do you have his phone number?
Have your attorneys also note my comments in red under the following “cut and pasted” provisions of
The LEASE:
3. The
Tenant’s Obligations are:-
3.1 To
pay… the Turnover Rent by equal half yearly payments in arrear.
As best I recall the lease
was entered into October 31st of last year, at least you emailed me
with the following on that date:
“Hi
The fact that you say you
only started business on December 24th is irrelevant to when you are
to pay the Turnover rent.
3.2 To
pay a further rent equal to the cost of the insurance… such payment to be made
on demand
3.8 To
allow the Landlord or anyone with the Landlord’s authority to enter the Property at reasonable times of the day to
inspect the condition and state of the repair
of the Property and if the Landlord has given 24 hours written notice beforehand
It would help if you were to
follow through with your original “offer” to send me detailed photographs. If
not I am putting you on notice now that I intend to exercise my rights under
the above provision.
3.12 Not to do or allow anyone else to do
anything on the Property which may be a nuisance to or cause damage or
annoyance to the occupiers of adjoining premises
3.13 Not
to damage or injure the Property or (except carry out any statutory obligations
as the Tenants) make any alteration in
or addition to it PROVIDED ALWAYS that the Tenant may make improvements to the
Property in accordance with plans and specifications approved in writing by the
Landlord
3.18 To
give to the Landlord a copy of any notice or other document received by the
Tenant from any planning authority under or by virtue of any enactment relating
to Town and Country Planning and without delay to take all reasonable and necessary
steps to comply with any requirements it contains
3.21 To
pay to the Landlord a reasonable amount in respect of all costs and charges and
expenses (including legal costs and fees payable to a Surveyor) which the
Landlord may reasonably incur in or in contemplation of any proceedings under
Section 146 and 147 of the Law of Property Act 1925
4. The
Landlord shall:-
4.2 The
Landlord shall arrange an annual inspection of the gas installation at the
Property and provide a Certificate of Compliance by a person authorised to issue such a Certificate in accordance with
regulations
I have asked you repeatedly what it is exactly that I am
supposed to do; i.e. who to contact bearing in mind that you have been doing
all sorts of stuff without yet submitting to me a single plan. I will discuss
this provision which you have raised before with my litigators. You are to let
me know if there is anything else which you say I am in “breach”, repeating you
one earlier threat,
“.. under
british law You are in many breaches of the agreement
) and should you wish to test this in the british
courts I have Know doubt it will be pointed out to you and at the same time
cost you an arm and a leg”
5. If
the Tenant is at least 14 days late in paying the Total Rent or any part of it
whether or not the Total Rent has been formerly demanded or has broken any of
the terms of this agreement then subject to any statutory provisions the
Landlord may recover possession of the Property and the tenancy will come to an
end. Any other rights and remedies that
the Landlord may have will remain in force
Under the SCHEDULE section of THE LEASE:
3.
The
Tenant must make the books and documents and records that are or in the opinion
of the Landlord ought to be kept by him for the purpose of ascertaining and
verifying the Turnover Rent or that in the opinion on the Landlord are or may
be relevant for that purpose available for inspection at all reasonable times
by the Landlord or his Agent duly authorised for that
purpose in writing the Tenant must bear the cost of the inspection only if any
material discrepancy is discovered. The
right to inspection by the Landlord of such books documents and records shall
be exercised periodically the Landlord acting reasonably
When will your books be available for inspection?
I will also enquire why
you don’t now have a fully executed copy of The LEASE which surely is not what
really bothers you!
[Word count 1460]
-----Original Message-----
From: dave
Sent: Thursday, May 24, 2007 2:48 PM
To: Gary S. Gevisser
Subject: RE: ON THE GROUND....RE: Seacrest Lease[Scanned]
I have trawled thro the backlog of mindless Emails for
the first time for a month and have tried to make some sense of this situation
it seems that after waiting for an address to send monies to and not getting
one we decided to send it to your solicitor and asked him for instructions and
a receipt for money paid which too this day we still have not received
I have found an Email of yours about 309 £ for insurance
but no demand ! so I will pay that into your bank first thing tomorrow in
respect of turnover rent as yo seem to be in great need of funds I will pay
that in also turn over to tonight 24 may 2007 is19154 ( we reserve the right under
the terms of the lease to have this verified by our accountant so it may go up
or down at that point ) the payment to youwill therefor at this point be 670 £
AS a final note, we are not obliged to corrospond by EMail and it is not
my prefered system so we would by obliged if you
would send all corrospondance in respect of the terms
of the lease to Seacrest Quay West Minehead Somerset TA245UN this would include
any request for an appointment or visit as agreed in the lease
Once again I must formally request that you furnish us
with a signed copy of the lease by return
Dave Clark
________________________________
From: Gary S. Gevisser [mailto:gevisser@sbcglobal.net]
Sent: Mon 21/05/2007 18:26
To: dave clark
Subject: FW: ON THE GROUND....RE: Seacrest
Lease[Scanned]
fyi
________________________________
From: Gary S. Gevisser
Sent: Monday, May 21, 2007 10:12 AM
To: Alan Byrne and James Sunderland - Risdon Hosegood
Cc: rest; Marie Dion Gevisser; drudge@drudgereport.com
Subject: ON THE GROUND....RE: Seacrest
Lease[Scanned]