Niagara Falls Reporter
Home | Archive / Search
AUGUST 18 - AUGUST 25, 2015

Asbestos study, demolition by city crews working on behalf of Hamister, despite &squo; As-Is’ provision in contract

By Mike Hudson

August 18, 2015

Despite a contract that calls for selling the downtown parcel to developer Mark Hamister in “as-is” condition, Mayor Paul Dyster ordered city crews to demolish a structure on the site.

 

Why are city workers doing demolition and environmental assessment work at taxpayer expense on the downtown property, appraised at $1.5 million, that was contracted to be sold to Buffalo developer Mark Hamister for $100,000?

Hamister has yet to close on the land and pay the $100,000 sales price called for in his contract with the city, but reportedly has plans to do so on September 20.

The purported closing date has caused some speculation as to its timing being political in nature since it is 10 days after Niagara Falls’ Democratic Party voters will decide whether Mayor Paul Dyster survives a primary challenge from city Councilman Glenn Choolokian in the September 10 Democratic primary.

Hamister has already missed numerous deadlines called for in the contract, which was signed after he said he wanted to build a hotel on the Rainbow Boulevard lot, which is owned by the city.

A look at the 155 page development contract, which was obtained by the Niagara Falls Reporter, show that the city is under no obligation to do any work at the site.

Specifically, the contract states;

“The Developer acknowledges and agrees that, in accordance with the immediately preceding section of this Agreement, and based on the Developer's review of the Phase I Report and Phase II Report, the Developer shall inspect and examine the physical and environmental condition of the Property to the extent necessary in the Developer's judgment to determine the condition of the Property, including, without limitation, the presence of Hazardous Substances, and/or whether the Property complies with all Environmental Laws. Provided the Developer elects to acquire title to the Property pursuant to this Agreement, the Developer shall do so based solely upon its own inspections and investigations and not upon any information, data, statements, representations or warranties, written or oral, given or made by USAN or the City or by anyone on USAN's or the City's behalf, as to the physical or environmental condition of the Property, the presence or absence thereon of Hazardous Substances or whether the Property complies with Environmental Laws. Upon acquiring title to the Property, the Developer shall accept the Property ‘AS IS’ in its condition as of the date the Developer acquires title.”

But last week, at taxpayers’ expense, city crews from the Department of Public Works were on site, demolishing a small building that had served as an Indian restaurant, cleaning up and hauling away the building materials and checking for the presence of asbestos.

“The removal of this temporary structure was a necessary step in the process of readying the site for the Hyatt Place development,” Mayor Dyster told the media. “The progress on this project is yet another sign of the positive development taking place in Niagara Falls. I’d like to commend our department of public works for their work.”

Hamister said he was excited about the project without alluding to the fact that taxpayers paid for site preparation work he might otherwise have had to pay for himself.

“This project will be a fantastic addition to the growing downtown Niagara Falls entertainment district and I am thrilled to be moving forward,” he said.

Dyster said that the results of an asbestos study, conducted at taxpayer expense by UNYSE Environmental Consultants, were negative.

He failed to mention how much the study cost, or how much demolishing the building was. There are an estimated 700 vacant and abandoned buildings in Niagara Falls that Dyster has repeatedly said the city lacks the money to tear down.

Three hotels have been built and opened in Niagara Falls since 2012, when Hamister was chosen as the “preferred developer” for the Rainbow Boulevard hotel project.

None of the other developers benefitted from city crews doing site preparation work, and all paid for any hazardous materials studies they conducted with their own money.

Last week’s “progress” provides more evidence that there may be more to Hamister’s relationship with Dyster and his administration than meets the eye.

 

 

 

 

 

Amherst Hyatt Place Hotel Costs $18 mill; Identical Hamister Hotel to Cost $35 mill
Solving the mystery of the science museum?
Reporter asks Andrew Touma for answers
What’s the Motive? Why Would Hamister Claim $18 Million Hotel Costs $36 Million?
Top 10 Ways Hamister Can Really Make His Hotel Cost $35.7 Million
Loss of Power in Niagara Falls another indication of Dyster’s declining voltage
Did Dyster throw spitball at Cal Kern and the Niagara Power?
Dyster sends young golfers a message in a bottle: “Re-elect Mayor Dyster!”, Campaign Literature delivered on city time, by city workers
Dyster Ignores Mother of Junior Golf Entrant as Matter of Course
Attorney Cambria Suggests Leaks in Kane Case May Be Agenda-Driven
Asbestos study, demolition by city crews working on behalf of Hamister, despite ‘As-Is’ provision in contract
Bambino’s at Nifty Fifty’s Serving Up Niagara Falls’ Best Pizza!
New Lewiston Greenway Trail Seems Hard to Traverse, Fathom
Finance awkardly haphazard in Lewiston, What else is new?
Sewer Plant Stink Nothing New Here; Stench of “Flop Sweat” at City Hall Reeks
Grandinetti Remains True to Word; No Facebook Postings Since August 1
Only in NT: Fire Them if They Don't Start Listening to Us!
It pays to do business with Niagara Falls Mayor Paul Dyster
Council Candidate Rick Smith - (re) Introduces Himself!
Foreman’s Job at Lewiston Water Board Still Unsettled
Lawyer Challenges Commissioner on right to photograph documents
Various Views from those kind enough to communicate
The Truck Squad-Part 4
Settlement Seen Likely in Evans Hit-Run Case
Reporter to publish ‘Good News’ stories more frequently
City Hall Jokes
TAKE ME OUT OF THE BALL GAME

Contact Info

©2014 The Niagara Falls Reporter Inc.
POB 3083, Niagara Falls, N.Y. 14304
E-mail: info@niagarafallsreporter.com
Phone: (716) 284-5595

Publisher and Editor in Chief: Frank Parlato
Managing Editor: Dr. Chitra Selvaraj
Senior Editor: Tony Farina