The Morning Report
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Monday, Sept. 24, 2007 | The article regarding the Navy Broadway Complex is showing that Mr. Aguirre is trying to protect the city of San Diego by requiring Manchester Financial to abide by the original 1992 Development Agreement between the city of San Diego and the Navy.
“Page 11, Section 4.6, Indemnity and Insurance. The Navy shall include the City… as protected parties and as additional insureds in the indemnity and public liability insurance requirements of any Developer lease.”
When CCDC approved the master plan, Manchester Financial stated they agree to all conditions, except to indemnify the city of San Diego as required by the development agreement. Manchester‘s attorney, Steven Strauss of Cooley, et al, wants to retain the right to sue the citizens of San Diego for their own lack of due diligence before they signed their contract with the Navy. The lack of indemnification is a set up for taxpayer funds.
By now, everyone knows there is a probable active fault under the site.
According to Page 13-4 of the Downtown Community Plan, publicly-accessible open space and parks should not be built where active faults are found.