Par 3 Developers Warn Slater’s Breach of Contract Will Cost Taxpayers Millions

By Dan Murphy

At the same time that progress is being made to open Valley Fields Golf Course, a Par 3, 9-hole layout in Jefferson Valley, Town of Yorktown, the Town government, under the leadership of Supervisor Matt Slater, continues to move forward with seeking a new concessionaire with an RFP without any compensation to RC Developer, the current developer, while the golf course redesign in already under contract.

Larry Nussbaum, President of RC Development, is now warning the taxpayers of Yorktown that Slater’s actions will cost the taxpayers millions.

We reached out to Supervisor Slater, who is also running for Assembly at the same time that his self- imposed drama over the golf course continues to heat up. We requested an interview with Slater to answer the allegations made against him in an advertisement that ran in Westchester Rising and online at Yonkerstimes.com on October 21, https://yonkerstimes.com/assisting-matt-slater-in-understanding-the-details-of-the-par-3-public-private-partnership/).

Slater responded to our request for an interview with an email dated Oct. 20 which read, “I won’t be commenting since you already told me you made up your mind on this issue and because there is pending litigation and a court date related to the building code violations associated with this property. By the way, if that’s what the golf course looks like why isn’t it open? Why hasn’t the Town Board been advised of a date certain for operation upon multiple requests?”

Prior to his email above, Slater sent us the following email about another story we had written about the course, (https://yonkerstimes.com/as-slater-runs-for-assembly-golf-course-lawsuit-accuses-him-of-interference/).

1-Your article is missing some key facts such as RC Rec employees illegally living on the premise, the electrical contractor revoking his original approval of their work because of unsafe conditions and the many attempts by the Town board to work with the licensee only to have him refuse to attend town board meetings.

2-Not to mention, the principle of RC Rec created a partially executed amendment to the license without the Town Board’s knowledge, input or approval that among other things granted itself a 10 year extension. While they try to dispute the validity of this document, it is clear it is not recognized by the Town Board.

3-Additionally, the Town Board voted unanimously on all actions pertaining to the Par 3. The continued smear campaign that I took unilateral action on this is patently false.

4- I can continue to go on, but like you, I grew up learning to play on that course and would love for it to be open. However, considering the full scope of the situation at hand it is clear we do not have a functioning partnership, and more importantly, we do not have a completed or safe site,” emailed Slater.

We asked Mr. Nussbaum to answer Slater’s questions. Here is Mr. Nussbaum’s response: “Thank you for your interest and allowing me to address Slater’s grossly misinformed allegations. I can provide back up for each of my responses.

Question 1 – Yorktown’s alleged violation issued, Violation Number 10315, only concerns 2 Recreational Trailers Stored in the parking lot. These Trailers are our work trailers where all our records and expensive equipment is stored. No Violation issued concerning any employees living on the premises. Slater’s public statements again do not reflect Yorktown’s own official record.
In the Sept 6 Par 3 resolution Slater refers to an Electric Inspection Certificate being rescinded on July 12, 2022. Please ask Slater to provide evidence of this false allegation. I have written evidence from the Inspection Company that the Certificate is currently in force and has been in force everyday since it was issued.
Concerning negotiating with Yorktown, I have met directly with Slater several times. At each of our meetings to negotiate Slater’s concerns, I ask Slater if this is an official meeting. His answer is always No, you have to negotiate with the complete town board with the town attorney present. I refuse to negotiate with a Committee and informed Slater that the original contract and first amendment were negotiated with the Commissioner of the Sports and Recreation Commission, duly authorized to negotiate these contracts, who in turn presented the Commission’s agreement to the Town Board.

2-The Second Amendment was negotiated over several months with the Yorktown Sports and Recreation Commissioner along with the Deputy Supervisor and Councilman Tom Diana. Yorktown’s Sports and Recreation emailed me directly the Second Amendment, Yorktown crafted, memorializing our agreements with their request to sign the agreement, have the document notarized and forward back the properly executed, now in effect, Second Amendment document.
In the English Parliament, Slater would be called out for his “inexactitude”, a polite expression for Slater’s lack of accuracy or precision. In urbonics, Slater jam your hype.

3-Slater, in his tirade against RC at the July 5, 2022 Televised Town Board Meeting, Slater’s obviously “bullying the Councilmen” to approve his illegal resolutions is apparent to all when reviewing that portion of the Town Board Meeting. In addition Slater slipped and admitted, on the televised meeting, that the Par 3 portion of the meeting was rehearsed earlier that day.

4-Under Slater’s direction, Yorktown has breached the duly executed contracts with RC Recreation Development LLC repeatedly. The current lawsuit outlines several of these breaches. The latest breach is the issuance of the RFP to replace RC Recreation Development LLC at the 3 Par while an exclusive in force Concession Agreement exists.

“My advise to Yorktown Residents is to urge the Town Board, at their budget meetings, to establish a 10 Million Dollar Contingent Liability, at these budget sessions, for the Federal and NYS court awards to RC Recreation Development LLC for Slater’s breaches of contract and his attempt to transfer the Par 3 property to a new operator WITHOUT ANY COMPENSATION. THIS WILL NEVER HAPPEN. YORKTOWN RESIDENTS BEWARE,” writes Nussbaum.

On Sept 6, the Yorktown Town Board Resolution referred to RC’s breach of contract for violations based on section 104.4 of the NYS Property Maintenance Code, a code that regulates minimum maintenance for existing buildings in use with a currently in force Certificate of Occupancy (CO). The new club house is a new building, still under construction, not in use and has never applied for a CO.

This Sept 6 Resolution states that the cure period for these violations is Nov. 15 and if the Golf Course and New Club House is not open by Nov 15, Yorktown, NY, will terminate the contracts with RC because of a breach of contract. The court case, scheduled by the Yorktown Court, is currently of for Nov 29, 2022, which is well after the resolution date to terminate the contract.

“This represents another Key Stone Cop episode in the typical Slater strategy. In addition, the agreements between RC and Yorktown do NOT have a date certain to open,” said Nussbaum.

In the meantime, the course continues to get closer and closer to being ready for golfers, but it would not make sense to open in November. That has always been the view of this reporter, who just wants to play this course from my youth again, hopefully in the spring of 2023.