Isla Blanca group cries foul over revised lease

A revised contract between Cameron County and Laguna Madre Enhancement Group contains a reversion clause that could allow the leaseholders to develop Isla Blanca Park afterall.

The revised lease agreement has park advocates who fought for the revision saying, “Here we go again.”

Friends of Isla Blanca Park, which petitioned against proposed casinos, restaurant, hotel-condominiums and other developments, is upset with the final terms of the revised contract, representatives of the group said last week.

Group members said the revised contract leaves the door open, to just what they have been fighting against, development inside the toll gates of Isla Blanca Park.

Phone calls to County Judge Gilberto Hinojosa on Friday and Saturday were not returned as of press time Saturday.

County officials had previously voted 4-1 to renegotiate the lease and force development to within 27 acres of dune land, excluding much of the original 160 acre park lease signed by the Enhancement Group on March 15, 2005.

Only Commissioner David Garza of Precinct 3, voted against approving the lease terms because he had not yet seen the document in print, he said.

Page 35 of the finalized contract signed by Judge Gilberto Hinojosa, county staff and developer Doyle Wells, contains a “Right of Reversion,” which allows county officials to reopen park development to a broader scope.

Development partner Doyle Wells on Saturday said the revisions give county officials “complete control of the park.”

“It’s not of any consequence unless the commissioners decide they want to do something with the park,” Wells said. “Essentially, the county doesn’t want to do anything at this point. But if they change their mind, that’s when the reversion would apply. It’s a future consideration.”

The right of reversion gives the Enhancement Group an assurance that county officials will not open the park to development by another group without first offering it to Well’s partners.

“I’m anxious to move forward with what we have the opportunity with now,” Wells added.
Harlingen resident Delton Lee, member of Friends of Isla Blanca Park, said the contract is the “most corrupt document” he’s seen.

“It flabbergasted me,” Lee said. “I can’t believe the county would spit in the face of 36,000 [petition] responses.”

Lee said Friends of Isla Blanca wanted the original contract terminated.

“They were supposed to terminate [the contract] and open for request for proposals,” Lee said. “They circumvented the law, and I don’t know how they did it.”

South Padre Island resident Faith Ballesteros, another opponent to the development, said she is not surprised by the county’s decision to agree with the terms of the contract.

She said the group had not celebrated when officials promised a revised lease because they were “waiting to see what tricks [commissioners] had in their hat.”

“I’m shocked that they could look us in the face and lie to us,” Ballesteros said. “They promised not to let development in the park. They completely told us a lie and left the door open.”

Ballesteros has attended many Commissioners Court meetings in Brownsville and spoke during public comments to ask commissioners not to allow development in the park.

Now, she said she feels “betrayed” because the commissioners assured her they were there to listen to people’s concerns and serve them.

“Behind their backs, they were working deals,” she said. “They’ve got their mind set on turning this land into Glamorland and bringing in rich people and putting us on the map. This glamorous idea is completely mistaken because I don’t think we’ll get this influx of rich tourists.”

Lee said the group is already working with attorneys to see what legal action can be taken.

“If we have to go to the state and turn [Isla Blanca Park] into a state park, we will,” Lee said. “We’re ready to fight back with fire. This is the greatest hocus pocus we’ve had pulled on us.”

Lee said the reason this issue has gotten to this point is “lack of leadership and integrity.”

“This is how dictatorships operate,” Lee said. “Good government doesn’t operate by intimidating, manipulating or questionable practices. It does operate in the open.”

Lee said the group plans to contact everyone on its mailing list “and their brother” to inform them about “the facts” concerning the contract on the lease of Isla Blanca.

“We’re going to set up voter registration booths…to try to get people to vote,” Lee said. “Even after Oct. 10 [the last day to register to vote], we’re going to encourage people to vote for keeping Isla Blanca a public park,” Lee said.
 

Page 35 of a revised lease agreement signed by Cameron County Judge Gilberto Hinojosa and Laguna Madre Enhancement Group partner Doyle Wells contains a “Right of Reversion,” which reads in part:

“In the event, however, that Landlord should within the term of this Restated Lease, agree to use or dedicate any part of the original Leased Premises demised in the Lease (which includes any portion of Isla Blanca Park), for gaming purposes (casino gaming or gaming related activities if authorized by the Texas Legislature) or any commercial or retail activities with more than 2,500 square feet with the same Lessee and its affiliates, then that portion of the original Leased Premises (including any portion of Isla Blanca Park) to be used for such activities will revert to Tenant and be incorporated into the terms of this Restated Lease….”

Source: Lease Agreement between Cameron County and Laguna Madre Enhancement Group signed August 15, 2006.