Q&A
Enforceability of Community Benefits Agreements for the 150 Mill Street project
0:42:20
·
105 sec
Council Member Avilés questions the enforceability of Community Benefits Agreements (CBAs) for the 150 Mill Street project, particularly if the property is sold. The applicant's attorney, Richard Lobel, defends the binding nature of these agreements.
- Avilés expresses concern about the enforceability of agreements if the property is sold
- Lobel argues that legal terms in a restrictive declaration and CBA can be binding
- The Public Housing Civic Association is mentioned as the counterparty to the CBA
- Lobel emphasizes the applicant's trustworthiness and commitment to the community
- Avilés and Lobel disagree on whether CBAs are legally binding, with Lobel asserting they are
- The discussion highlights the complexity and potential limitations of CBAs in ensuring long-term community benefits
Alexa Avilés
0:42:20
But what is it?
0:42:22
Is there any such thing in this circumstance that is actually a binding agreement?
0:42:27
If Mister Pilco decides to to sell this property Yeah.
0:42:30
2 days from now.
0:42:31
Is there any such thing as a binding agreement?
Richard Lobel
0:42:33
I think it's a yes or no.
0:42:35
It's, yes, in two parts.
0:42:37
That First is that, I can include legal terms in a restrictive declaration and in a in a CBA that is binding in the app.
Alexa Avilés
0:42:47
Who is going to hold that restrictive declaration?
0:42:50
There's no entity on the other side.
Richard Lobel
0:42:52
The public housing civic association is on the other side of the CBA, and and and that they are funded.
0:42:58
They receive they basically are ensured that they will have legal counsel.
0:43:02
Yes.
0:43:03
But there's another point to this councilor Rabelais, which is you have to this is a this is a body which is conducting a a factual hearing and accepting testimony.
0:43:12
And you can look at my applicant and see whether or not this is some sort of of ploy I mean, I don't know how Willie would be involved and give this level of care and concern and have people come out and support him if he didn't mean what he said.
0:43:28
So, yes, there's documents and there's CBAs.
0:43:30
And frankly, when I talk to community boards, they tell me that the best CBAs are the ones you stick in a drawer and never see again because you know you trust your guy, and we trust our guy.
Alexa Avilés
0:43:39
And CBAs are not legally binding.
0:43:42
Right?
Richard Lobel
0:43:42
No.
0:43:42
That is that is an incorrect statement.
0:43:44
You're wrong.
Alexa Avilés
0:43:45
Okay.
0:43:46
Okay.
0:43:47
We'll we'll see whatever this agreement
Demetrius
0:43:49
Okay.
Alexa Avilés
0:43:50
Is much like the MetFresh LOI, which said much of nothing.
0:43:55
I know you've seen a good number of CBA documents that were thorough and meaningful and engaged.
0:44:02
I I have yet to see
Richard Lobel
0:44:03
If this comes down to
Alexa Avilés
0:44:04
But I think
Richard Lobel
0:44:05
we can