Sunday, January 17, 2021

1993 Agreement Trump Signed Prevents Using Mar-a-Lago as His Residence

In 1993, the City of Palm Beach granted Trump a Permit allowing him to Convert Mar-a-Lago from Residential use into use as a Private Club. As part of that Process, Trump Signed an Agreement which now prevents him from using Mar-a-Lago as his Residence.

Since he was in Financial Trouble and the Cost of Upkeep was high, he floated several ideas to the City about how the Property might be developed. Eventually both Trump and the City agreed on the idea of Converting the property from Residential use to use as a Private Club.

Here is the chronology: March 1993 - Application for a Special Exemption Use and Preservation Plan; April 1993 - Addendum to the application; November 1993 - Use Agreement. The Key Paperwork related to this Conversion in the way the Property would be used.

- Trump agrees to convey Mar-a-Lago to the club which is a Corporate entity with him as Majority Owner. Trump No longer is the Owner of Mar-a-Lago. There is Nothing in the Paper Trail that gives Trump any Special Rights that are Different than the Rights enjoyed by other Members of the Club.

- Trump agrees that "[a]ny usages not specifically set forth in the Plan ... are excluded ... except upon new application to and approval by the Town Council." Since the Plan makes No Reference to any Full Time Residential use, that Type of Use is Not currently Allowed.

- “The guest suites as set forth in the Plan shall be limited to the use of Club members, shall be limited to ten (10) in number, shall not be open to the public, and shall not be advertised. No kitchen or other food preparation facilities shall be allowed in any of the guest suites.” There are 10 Guest Suites. In Legal Documents the word “shall” is considered Mandatory. If Trump is Not a “member” of the Club then he is Not entitled to use any of the 10 Guest Suites, Golf Course, or any other Facility of this Private Club.

- “The use of guest suites shall be limited to a maximum of three (3) non-consecutive seven (7) day periods by any one member during the year. The operations of the Club shall not result in a nuisance to any of the neighboring properties.” The Limitation on how many Days a Member can use the Guest Suites each year certainly seems clear.

- Trump Signed the Use Agreement on Behalf of Himself and on Behalf of the Club.

The March 1993 Application and April 1993 Addendum are in a Single Document. The intent of the Addendum is to respond to Comments made in response to the Application.

- “All modifications are restrictive of the Application For Special Exemption No. 11-93. If anything in the Addendum is inconsistent with other submitted materials, Addendum provisions shall control.”

- In part of the Traffic Analysis which is included in the Addendum. it describes the Original Owner’s use including the Owner’s Suite and “9 guest quarters”. Trump’s Application Paperwork consistently refers to 10 Guest Suites. Trump’s Paperwork never Indicates any Intention to Treat the Original Owner’s Suite any differently than the other 9 Suites.

- The Addendum includes the Site Plan Review which says: “The ten guest rooms have no kitchens and therefore are not dwelling units under the interpretation by which the three dwelling units were established.”

- The use of the Building and Grounds is Recreational. Trump’s 1993 Application to Convert to a Private Club never made any Indication that part of the Property might be used as a Primary Residence for anyone.

“The Club will be a corporate entity, The Mar-a-Lago Club, inc., and will own the real property and its improvements.”

“All statements in this text and the special exemption application constitute representations binding upon the Club and enforceable by the Town of Palm Beach Code Enforcement Officer and Board.” It includes a Statement that if Trump was to make it his Residence, it would No Longer be a Club.

Will the City Officials Enforce the Permit or welcome Trump?

Trump owns and Rents Three Properties in the area: 3,000sgft, 6,000sgft, and 10,000sgft Homes.

A Limited Liability Company (LLC) managed by Eric Trump and Donald Trump Jr., has just paid $18.5 Million for a Mansion in Palm Beach opposite the Mar-a-Lago Resort. The Property was owned by their Aunt, Maryanne Trump Barry, Property Records show. A Deed shows the LLC was the Buyer of the Eight-Bedroom Home. Eric Trump is listed as the President of the Company, and his Brother Donald Trump Jr. the Vice President. So they could rent it to their father.

NYC Wins When Everyone Can Vote! Michael H. Drucker

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