SENATOR Theatre: Business and Residential Community Alert!

The following is a letter regarding important information that affects the RFP plans, from Tom Kiefaber, former owner of The SENATOR.

Re: The upcoming 2/19 auction sale of 446 Rosebank Avenue., located behind The Senator Theatre.

Dear Community Members and Senator Theatre patrons,

I am writing as the former owner of The Senator to inform the residents and business owners in the area and everyone concerned about the theatre’s endangered future that an auction sale of my property, located at 446 Rosebank Avenue, was recently scheduled for Friday, February 19th downtown. [notice attached] Please spread the word.

The property at 446 Rosebank Ave. is contiguous with the theatre property in the rear of the site and it is currently zoned residential. The rear parcel was purchased over 15 years ago to allow for The Senator’s expansion on its existing parcel as a way to overcome its limited single screen configuration and antiquated business model.

The sudden timing of the auction sale of 446 Rosebank Ave. on Friday the 19th is a potential game changer, because both of the contending Senator Theatre RFP’s under final consideration anticipate site control over the 446 parcel for the purpose that it was acquired years ago. The Rosebank parcel of land is a key contiguous element that’s common to both RFP’s, since it allows for the possibility of judicious, scaled additions to the historic structure to ensure its successful long term viability and thereby make possible its preservation in perpetuity.

Both pending Senator RFP’s plan expansions to be built that require control of 446 by the theatre’s new owner, yet the public and the media is unaware of the pivotal significance of this parcel to the RFP plans that they are so fervently endorsing.

It was assumed that after an RFP was chosen, the victor would seek to acquire 446 Rosebank Ave. and begin working in good faith with city planning and the community regarding the use of the property. Now that 446 is barreling towards an auction sale, however, it’s imperative that all concerned, including the neighborhood residents, businesses, the RFP teams, the BDC, our city council representative, and all concerned be aware of this development. This critical element of The Senator’s future viability needs to be better known and understood.

For the past 70 years, my family has approached our theatre endeavors as responsible, supportive members of the business and residential communities. We plan to exit stage right and resolve the past seven decades of owning The Senator as graciously as possible, once the complex logistical aspects of the ownership transition are fully accomplished.

The possible ramifications of the auction sale of the 446 property are complex, and we want to be responsive to all factions regarding The Senator and the RFP process, and at this stage we are attempting to keep all parties, including the area residents, as well-informed and on as level a playing field as possible. Please let us know if we can provide any additional information.

See you at The Senator!

Regards,

Tom Kiefaber

tom@senator.com

Copy of first notification of auction:

February 04, 2010

Auction Baltimore City
FIRST INSERTION –

Friedman & MacFadyen, Solicitors,210 E. Redwood Street,Baltimore, Maryland 21202,410-685-1763.

Substitute Trustees’ SaleOf Improved Real Property446 Rosebank Avenue, Baltimore, MD 21212

Under a power of sale contained in a certain Deed of Trust from Thomas A. Kiefaber, dated September 15, 1995 and recorded in Liber 5216, folio 147 among the Land Records of Baltimore City, MD, default having occurred under the terms thereof, the Sub. Trustees will sell at public auction at the Circuit Court for Baltimore City, at the Clarence M. Mitchell Court House, Court House Door, Calvert Street entrance, on

February 19, 2010 at 3:04 p.m.

ALL THAT FEE-SIMPLE LOT OF GROUND AND THE IMPROVEMENTS THEREON situated in Baltimore City, MD and more fully described in the aforesaid Deed of Trust. The property is improved by a DWELLING. The property will be sold in an “as is” condition and subject to conditions, restrictions and agreements of record affecting the same, if any and with no warranty of any kind. Terms of Sale: A deposit of $10,000 by cash, or certified check. Balance of the purchase price to be paid in cash within ten days of final ratification of sale by the Circuit Court for Baltimore City. Interest to be paid on the unpaid purchase money at the rate pursuant to the Deed of Trust Note from the date of sale to the date funds are received in the office of the Sub. Trustees. If the purchaser fails to go to settlement within ten days of the ratification, the deposit shall be forfeited to the Sub. Trustees and all of the expenses of this sale (including attorney fees and full commission on the gross sale price of the sale) shall be charged against and paid out of the forfeited deposit. Purchaser(s) acknowledge the obligation to settle within ten days of ratification of the foreclosure sale. In the event that settlement does not occur within ten days, the purchaser(s) shall be in default. Upon such default, Sub. Trustees shall file a Motion and Order to resell the property at the risk and expense of the defaulting purchaser(s). Purchaser(s) hereby consent to entry of such resale order without further notice. The defaulting purchaser(s) shall not be entitled to any surplus proceeds or profits resulting from any resale of the property. In the event settlement is delayed for any reason, including, but not limited to, exceptions to the sale, bankruptcy filings by interested parties, court administration of the foreclosure or unknown title defects, there shall be no abatement of interest. Taxes, ground rent, water and all public charges including electrical, sanitation and/or metropolitan district charges, if applicable, are to be adjusted for the current year to the date of sale and assumed thereafter by the purchaser. The purchaser is responsible for any amount in excess of $250.00 of outstanding water bills, if any, incurred prior to date of sale. Cost of all documentary stamps, transfer taxes and settlement expenses shall be borne by the purchaser. Purchaser shall be responsible for obtaining physical possession of the property. Purchaser assumes the risk of loss or damage to the property from the date of sale forward. If the Sub. Trustees are unable to convey good and marketable title, the purchaser’s sole remedy in law and equity shall be limited to a refund of the deposit. Purchaser agrees to pay $295.00 at settlement to seller’s attorney for review of the settlement documents. (Matter #544717)

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