In a sale arrangement the buying party doesn’t have the right to come back to the seller later to take back the payment
and keep the property too. The long term use of the property was part of the deal, the city changing its other ordinances in the meantime isn’t an excuse for it to violate agreements it put into place before that point. Changes in how lease arrangements are made now also does not render prior arrangements moot
It seems that all parties agree that the original agreement was an ongoing trade of sorts, not an outright sale; the sweetheart lease
is the payment to the Scouts, and the terms of the note have not been fulfilled. To address another question raised about who paid for maintaining the building, the Scouts have been the one
maintaining the property through the years (including a
$2.4 million project in 1994). The original agreement
appears to be that the scouts were allowed to use land owned by the city for their headquarters provided that they built and maintained the building themselves, back in a day where political correctness and a fast buck didn’t overrule community service and encouraging solid character formation in our youth.
Further, the Phily scouts had already
adopted a non-discrimination agreement with the approval of the prior city solicitor in 2005. The ink was not dry on the last gunpoint modification to the lease agreement before the city came back demanding for more - coincidentally as soon a a new, openly homosexual attorney became city solicitor.
I’d suspect that Scouting’s ongoing community service contributions was also considered to be part of the “lease value” under the original arrangement, as that kind of thing is fairly common in municipal settings. I’m on the board of a non-profit here that has a sweetheart deal with the city that specifies the work we do as part of the value provided to the city. There is no way for a municipal government to provide the kinds of services and benefits Scouting and other values-oriented charities offer on the limited budgets those programs make work
because they are values-based.