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June 28, 2011 > Letter to the editor: Unimpressed by attempt to develop open space

Letter to the editor: Unimpressed by attempt to develop open space

I am very familiar with Kimber Park, prior to and following residential development; I am unmoved by Mr. Daou's arguments in his attempt to develop irreplaceable dedicated open space. Mr. Daou may own real title to the property, but he only owns what property interest was conveyed to him by his Grant Deed subject to all restrictions, easements, and other liens and encumbrances.

Kimber Park was approved by the Fremont City Council by and through a Developer's commitment to preserve open space. On this basis, concessions were negotiated which resulted in increased net revenue from the sale of units in the [Kimber Park] Development.

The City and its constituents have paid for this property to be preserved as open space once; why should a new developer be allowed to erase the advantage gained for the City of Fremont and members of this community? Why should a new developer be able to 'double dip' and take away the consideration given to the City and its constituents in exchange for concessions granted to the original development of this property?

The City Council would commit an enormous violation of its ethical duty to Fremont citizens if it allows the demise of this beautiful and extraordinary open space. If of sound mind, the Council cannot allow this developer to deprive the community of an exceptional natural resource.

It is my sense that if the City Council attempts to go along with this developer, it would indicate a conspiracy; I believe public opinion and sentiment is strong enough that the "Save Kimber Park Committee" would become "Save Kimber Park Committee to Recall the Fremont City Council."

John N. Kitta, Esq.

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