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 Gary Yes Your lawyers have all paperwork and I am now £ X poorer…”

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 clark [mailto:theredlionminehead@btconnect.com]
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]