Sunday, September 01, 2013

Spanish Bakery Returns, But UF Needs Lessons in Competitive Bidding, Antitrust and Civil Rights Compliance, Teamwork, Fiduciary Duty and Friend-raising -- Five Year Sweetheart Lease Agreement With Virginia Whetstone's New "Spanish Bakery LLC," With No Security Deposit!

The University of FLorida inked a five year no-bid lease with Virginia Whetsone to take over the Spanish Bakery, 42 1/2 St. George Street, which had closed. She's hiring the original baker.

Good news on the one hand, for those of us who love our Spanish Bakery on St. George Street.

Bad news for UF's ethics and effectiveness as manager of state historic properties.

There was no Invitation to Bid. No Request for Qualifications. There was no Invitation to Negotiate. No transparency at all. Zilch. Nada. Nunca. Why?

The sweetheart lease contract involves no security deposit. Why?

The sweetheart lease was signed secretly for "Spanish Bakery LLC" by Virginia Whetstone on August 9, 2013 (witnessed by Bruce Maguire) and sgned secretly by Ed Poppell, Secretary/Treasurer of "UF Historic St. Augustine, Inc." on August 13, 2013.

Monthly rent (including sales tax) begins at $3,235.12 and escalates to $3,501.18 during the fifth year.

Bad news for government openness, competitive bidding, teamwork and friend-raising.

UF signed the lease without vetting Whetstone with our City Manager. The Whetstones are litigious cognitive misers most noted for suing the City, consumer groups and others in frivolous lawsuits.

Many of us won't eat the Whetstone-Maguires chocolate (or ice cream) because they've been such pestilential purveyors of noxious notions -- wanting to rid St. Augustine of street musicians and artists, opposing improvements that help African-Americans, demanding government favors every time they deign to attend a City Commission meeting, showing their true colors as dodgy developer doormats (as when Bruce Maguire served on St. Johns County Commission).

UF was dead wrong to sign a sweetheart contract with Whetstone without vetting it with our City Manager and without competitive bidding.

We don't cotton to no-bid contracts around here, Mr. Poppell.

We don't like government agencies inking no-bid contracts, Mr. Poppell.

We don't approve of governments that breach their fiduciary duty.

We expect better from UF.

Rose Kennedy's favorite Bible verse was, "To whom much is given, much is expected." We expect UF to be a good neighbor, and not team up with Robber Baron rich guys.

The City must re-examine its relationship with UF hesto presto, and demand answers.

Why no antitrust analysis? Why no civil rights analysis? Why not open bidding up to others? Why no transparency before the fact?

In the 1906 words of scholar Edwin Alvord Ross about "criminaloids," UF was "in a hurry and not particular about the means

UF must assure compliance with antitrust and civil rights laws by its lessess, as required by Supreme Court precedent, or it could be sued for civil rights violations.

What is UF doing to require compliance with civil rights and antitrust laws by its lessees?

The State Auditor needs to ask these questions, and more, pendente lite.

Memo to the mossback Whetstones, you better not discriminate against anyone in your stores. St. Augustine is on the world stage now. The whole world is watching.

In the words of the Tom Hanks character in the movie "Saving Private Ryan": "Earn this."

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