HomeMy WebLinkAboutCharles J. Pollyea and Associates - 1979-05-21Z
REAL ESTATE LEASE CONSULTANT
AGREEMENT
THIS AGREEW-T, entered into this day of 71-117
jP 7
1911, by and betw.,en the CITY OF HU14TINGTCN BEACH, in the State
of California, hereinafter called "CITY", and CHARLE'S J,, POLLYEA
AND ASSOCIATES, a pi�ofessional consultant engaged in the real
estate business, hereinafter called 11CONSL7L.L1A1,JT11.
W I T N E S S E T H:
WHEREAS., CITY is involved in reviewing Its leases and other
real property assets; and
1.14....tEAS, CITY des-res to engage CONSULTANT to perform non-
legal spt..cinl real estate services to CITY, and consultation is
required in connection with review of existing and future leases,
NOW, THEREFORE, the parties hereto agree as follows.,
1. Scope of Services. CONSULTANT shall pe-form non -legal
services as may be reques*od from times to time by CITY and i.-s
officers in connection with its review of its lease activitiN`_,
Including brit not limited to the following*
(a) Review -resent and existing leaps on city -owned
property to determine whether lessees are adhf.,ring to the terms
of their leases, review aceowting procedqres on escalation and,
In general, assure that CITY i.i obtaining all pozsiblf- revenue
from these assets,
(b) Analyze the market conditions and r-teg in or der
to for.mulate rate,-, and femme which will aobieve tne maximum ren+-al
1.
races on lease renewal in this marketplace;
(c) CONSUP-TANT may submit to the City Attorney's office
proposed drafts of a rdiv Ldu ? leases for approval as to form and
for compatibility with City Attorney's office general format
leases; CONSULTANT shall coordinate terms and .=ditior.s of pro-
posed leases with the City A,;torney's office;
(d) Ant aL '_-lterm_ ary in negotiating; with existing
tenants for lease renewal and renegotiation or lease cancellation;
consult with City Attorney's office for lease renewal or cancella-
tion; .
-t
(e) Analyze all relevant financial information supplied
by the prospective lessees for the purpobe of
(l) Assuring that CITY's security interests ave
not impaired; and
(2) A.ssurin&- that financing arrangements are con-
sistent with sound management principles (i.e., debt -equity ratio).
r
i
(f) Deterintne ztand,trd.s for the financial qualifications
of potential lessees and, analyze the data 30mit:ted by the rotential
le ,ee to determine conformity with those .tanda.rds;
(;) Subril , to the City Attorney's office for appropriate
legal action in connection with, any findtaigs above in order* to pro-
tent the gists interests of CITY.
CRAF? M J. POLVIEA, a principal: member of the firm of CONSULT-
ANT, shall be reRoonsibl,e, for the performance of services hereunder,
and shall supervise any services performed by other members of
CONStTZNANT I s firn.,
2. Time of Performance;. The oervices of CONSULTANT are to
commence upon the execution of this agreewent .
3. Compensation, Reinfoursemr:nt and Methods of Payment.
(a) L;omppnsation.
(1) Fee Basis. Fees shall be charged on an hourly
basis for all service: rendered and shall be approved by the City
Council.
(2) kiount of Fees. The hourly rate for services
performed shall be seveaty-five dollars (.'$75) per hour.
(b) Reimbursement. In addition to the compensation pro-
v1ded ab-Nire, CITY will reimburse C014SULIIANT for the following
expenses:
(1) Necessary travel and subsistence expenses in
connection with the performance of CONSULTANT'S sc-rvices pursuant
to this agreement, based upon the actual cost of n1 ;transportation
by common carrier$ or the sun, of fifteen (15) cents per mile^ if
the zrviel is performed by privately -owned auton,obile, and not to
exceed thirty-five dollars ($35) per diem In lieu of oubsistence
or the sum of f:_fty dollars ($910, per diem for actual subsistence
expenses supported by detailed records; and
(2) Such printing Ind copying expenses, long dis-
tance telephone calls, telegrams and ;Amilar coats relating ;o the
services set forth in this agreement, provided, however, such ex-
penses shall not relate to nor in-,lude normal office operating
oxpenses.
(0) Estimatt�d Maximum Compensation. and F -imbursement.
It Is undevstcod that the total amount of the fees for any parti-
Oular period shall be approved In advance by the City Council. It
3"
0
is e_t;imated that the total compensat- on and reimbursement to be
paid hereunder during the first year, based on the present work-
load as anticipated, and herety approved by the City Council, shall
be a inaximum --if twenty-five thousand dollars ($25,0001).
(d) Methods of Payment.
(1) Monthly Statements, As a condition preceden�
to any payment tc CONSULTANT under this agreement, CONSULTANT shall
submit mrnt.hly to CITY a statement of account which clearly sets
forth by dates the designated items of work for which the billing
�.s submitted Ir,,31udinL reimbursabies.
(2) Timing of Payment. CITY shall review CONSUL-
TAUTt--* monthly statements and pay CONSULTANT for services rendered
and costs incurred hereunder, at the rates, and in the amounts pro-
vided hereunder, or, a monthly basis Ln accordance with approved
monthly statements.
4. ETRjoymepe-!ialistz olL erts ,nt- of Other Couns,-I , S
CONSULTANT will not employ or (,therwise Incur an ol'.ligation to pay
other counael, specialists or expsrts for services in connection
with this agreement withow- prior approval of the City Courcil in
accordance with the City Charter.
5. Termination of AEeement. T17Js agreement and all ser-
vices to b-- rendered tbereander may be terminated at any time by
ten (10) days' written notice from either party, with or without
cause. In zuoh event, all finished and unfinished documents, pro-
jeot data and reportz sha3'., at the option of CITY, become its prop-
erty and shall be delivered to IItt or to any party It riiay designate
at CONSULTANT's expense, if any is incurred. In the event of such
term.tnation, CONSULTANT shall be paid for all satisfactory work,
unless such terminatio4. is mad3B fo1, cause, in which event compen-
sation, if any, shall be adjusted in light of the particular facts
and circumstances involved ir, such termination.
& Interest of Consultant. CONSULTANT (including any prin-
cipals, associates and professional employees) covenants that he
does not now have any interest. and shall not acquire any inte t,
direct or indirect.. in the sub.iect covered by this agreement,
any other Interest which would conflict in any manner or degree
with the performance of his services hereunder. CONSULTANT fur -
Cher covenants that in the performance of his duties hereunder no
person hav'ag any such interest shall be employed. In any event,
CONSULTANT shall not employ any person; for servine:F in connection
with this agreement without prior approval of the City Council in
accordance with the City Charter.
7. Discrimination. CONSULTANT agrees that in the performance
of the terms of this agreement, it will not engage in, nor permit
its agents to engage in, discrimination in employment of persons
oeeauze of race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, or sex of such
persons, except as provided its Section 1420 of the California 'Labor
,ode. Violation of this provision may result in the imposition of
Penalties referred to in Division 2, Part 7, Chanter 1 of the
California Labor Cade.
8. Indemnification, Defense, hold Harmless. CONSULTANT
hereby agreez to protect, defend, indemnify and save harmless CITY,
Its officers, agents and employees, against loss, damage or expense
by reason of any suits, claims, demands, judgments and causes of
action caused by CONSULTANT, his employees, agents, subcontractors,
cr by any third party arising out of or in consequence of CON-
SULTANT's performance of this agreement, except where such loss,
damage or expense is caused solely by the wrongful acts cf CITY,
its agents, officers or employees in connection with the ge�aeral
supervision or direction of the works to be performed under this
agreement.
9. Workers' Compensation. CONSULTANT shall comply with all
of the provisions of the Workers' .'ompensation Insurance and Safety
Acts of the State of Cc,-'iforni,., the applicable provisions of Divi-
sion 4 and r of the California Labor Code and all amendments 't.
and all similar state o,^ federal acts or laws applicable; and a
indemnify, defend and hold harmless CITY from and against all
claims, demands, payments, suits, Fictions, proceedings and ju,"
rents of every nature and deocriptior, including attorney's
and costs, presented, brought or recovered against CITY, for
account of any liability under any of said acts which may be in-
curred by reason of any work to be performed by CONSULTANT under
this agreemeat,
10. Insurance. CONSULTANT agrees to furnish to CITY and
maintain in force until the termination, of this agreeme-t a general
llslqility inutArance policy in which CITY Is named as an additional
insured. The policy shall insure CITY, its officers and employees,
while acting within the scope of their duties, against all claims
arising out of or in connection with this agreement. The policy
shall provide for not less than thy: following amounts. Combined
single limit bodily injury anc' liar px=aperty damage of $1,000,000 per
occurrence. Such policy s),all specifically provide
t1-3t any other insurance by CITY which may be applicable
shall be deerit-i excess and CONSULTANT`s insurance primary despite
any conflicting provisions in CCNSULTP.'uT1s policy fo the contrary.
11. Independent Contractor. It 4,: further understood and
agreed that CGNSUI!fANT is, and shall be, acting at all times as
an independent contractor herein and n<)t as an employee of CITY.
CONSUI.`.['ANT shall ;secure at its expense, and be responsible for any
and all payment of income tax, social security, state disability
insurance compensLti.in, unemployment nompensation and other payroll
deduction, for CONSULTANT and !t, officerc, agei.;-s and employees
and all business lirenst.s, if any, in connection with the services
to be performed hereunder. CONSULTANT shall not be included in
CITY°s Personnel System.
ATTEST:
C 4ty Clerk
ii
mputy
7.
CITY OF HUNTINGTON BEACH
Mayor
AF OVED AS TO FORM
City Attorney Y
APPROVED AS TO VONTENT: INITIATED AND APPROVED: ~° t
Cit Administra or rec o arbors, i3ech aes,
Recreation and Packs �
CHARLES J. PQLLYEA & ASSOCIATES
f s j
J-
e f
�,, a r• a rea •a _ a r
ra a, •• ea, a•a ., , ,.
NAME AN" A t5S i:P ifi. kCr .,
COMPANIES AFFORDING GOVERAUES
EDWARD LEE KOZBERG & SONS
6310 San Vicente Boulevard l �'° A Charter Oak Fire Insurance Co. "
Los Angeles, CA 90048
Republic Indemnity
NAM.. CN.:.... � , . , > r . -
-s
Charles Sunset ,PBoulea oll-ea&Associates
9220
Los Angeles, CA
, ut,:a5 �'i=:�+t•. v rs. 'fir, ra..� nr9,
A 650-245E285-0-COF-79 5-1-80
1,000 1,000
Gs�i��3ia3L'FiSd,E. �,i4Ea.�e*^' .
EXCESb MAS¢. a'v _.
Cr
WORKFRS GONI %EfitSCo 00%
Bard n�c�tcax ar lAc¢Ly BBC 506066 12^-1- 79
<,
OTHER _
It is hereby understood and agreed that City of
Huntington :Beach is named as additional insured as their interests may
appear.
Oantallatfam X tN a yf f t r a t t
)June 6A_�979
City of Huntington Beachv GdLU.` KOZBtR(XA
P. 0. Box 190 a
'
i
Huntington Beach, CA 92648
Attn: Vincent Moorhouse
tf 'et , a. 1•�;.�Tv rho.="�,'rrt ytr �`".:" '��yL"r ,t v' '�.,r
I'�1(e r�
p,
Ll
COMPANIES AFFORDING COVERAGES
ALE:CAANDER & ALEXA DER OF CALIF, lid r-- ,
3550 'rY!+.:5Ei1RE B; Y'J. ; .r MFI."Y REPUBLIC 1'IvryEMNITY CO.
SOS ANGELES, CA 90010 F--- ---
TEL: (21?) 30.5211 TWX 9104212407 uMl'ANP
MPRHY
�:HAR XES ,; . POLL,YEA
:)BA: CHARLt $ J. POLLMN & ASSOCIATES c,;MNAnY
441 S. BWML:'Y :DRIVE in
bL Esi.LY 1ILLS, CA 90212 � ,�MFANY � •-•----•ro•
,tr=EH a•.
'-o' cx a^�'� +ra was a!ru t�.ek Herr sxn =sx,.u,I to r".e,rrx,.r_7 name,: abarr bno are to torte ar th,x i,mn Notn,ihmand, ai+y requtremont, win or eowition
rr' w.!'t re,;xi'( tv nt'.c!1 :^ s Cert,l,�,atd nay ba ,xwtK: or ,nay pyr;eifl, lna, ls.rHniw; JlfaUad by the{7SI,Xaes deSCrtt7rurl httrb;n is sJhJR,:S to a!i the
tt Im1:s of L ab-diity n " h_ouxan s
r.
GENERAL LIA8IUT4
. ,f� µ > .r't kxiwuN'S t PHQJEHI Y GAMAiIE i � S
h AN:I ILLY.APSC (( i r
nAjAHO
-. A �x by +AXAkU BODILY rNJURY AND
A. ,Nb;,HAt*J ;; i� '�� ! PHC PEW Y DAMALE f f S
RECE1 VE t'� ' CCiM61'rE',i i
r ih�.
DEC ���� gyp/ � �
e k,, NA. ,!YAMV d ` lJ �al
AIRSUNAt .2rlilrti• i '.1
AuTOMOEIME LIABILITY
:.,n cA'J;Y vFFi r t1: ,L�..wlPtiri�l"k( 1 ..J
..... ,c'a. ,: ,..,HA• '�, CF,,� t7 LYot':lwy j b
Al-. IA 17 )
Y VAMAI L
JUL'. i 'h..HY ANJ
EXCESS L!R3SliCY`_.._---------
bU.Iy,LY IHIUHYAND
PROVE: HI Y DAMAGE
t
,n,• r,.ANUMa12jLLA Gu+ne!HEU I
rVOIIICEKS' COMPENSAT+4",' xlAau'ui Y
1 and NC-512892 i2--41--33
LMPLOYERS' LIAR UTY a x 1 OO i : k„ kLZc7<r
OTNl;R ,
k P'i;'a`Iz AS TO YOM
c
ALL OMMT10NS OF THE NAKM- MSURED
CBIICilll:ltion ° 4ou d w, vt Me above des(.tiUea po rCieS be CanCelloO before the expiration t°tate Zhereof, the ty5w:in}; t:0r7'I-
",y v will ^eoS Wittori ",3!tCe 'G the be uvv mimed certificate nmldGr.b�sto y sty
DEB`f'I�ti+°?Sid!t`+9ii#i'fF}roi}7zfi4Fi$EiFF�4Yi'Etiifii!'lfi c�SFfiFj�9t�#C.�j�iiiiA�ri�"t�fSi�►FP�}^.�.:$'✓�/
hN.rF Ahl' Ay't;Yt}ES,Si7I �QItI,r IIi;Ait NiJ,L+t rR
CITY OF wNTINGT'Ori 13EACkj DATE
155�ESi. ] 1 �341$2 _
P.O. Box 71 NDER OF CAI. "flRNIFx
;H;.r:#TZ 4GT0,'4 9EII,C.1 , CA 92648
c t r�L+t� �r
AT'TR: RISK .ru+,F1IS17 R ��� A.t!:2L`04v i z:,/,40Ar<i,
y NAME ANtx MTIIRFSS Ot e5#N, { u
• COMPANIES AFfORDINU COVERAUS �. I
Edward Lee Kozberg & Sons �
6310 San Vicente Blvd.
U- Los Angeles, California 90048 � Charter Oak Fire Ins' Co.�
t —rt
Charles J. Pollyea & Associates
9220 Sunset Blvd. zC-3
iTi `d�-F
cc
Angeles, California i'�`'°`` .�.
Y
_ sa f V f C3LeD < k
rr >.'�<.r ,. to g^,''r. !r fir' a< '•�' .'.t§f's.. 1r. ,.y{+•tFo ,..
.: . Ci;TiS, t:iGFiS'Dr5 2�"a �, �g t 5`:'Ch ' .. -�.... ._ .. _ �• - 6 a u. �. _ ti-ntts al l+xhc++ty a::�thae+sar_ 3s t7JtttP1
YF'F _*. '.•o x r •. t t . ,. ,. p ..
GEfd£EiAt LfAP,1tiTY 4
A X 650-24SE285--0-COS'-82 5/l/83 u
t Ibxi
1,000,r 1,ij�0,.
'
n �1 QTq
<
$ TOMOBILF LIARIL11Y ? C1tY Gila
' .. CiTyECEIVED
C TYTORNEY OF
ixG>Ss ilnsNtlrY NUNTI
OF
EXCESS
�^ Y
APR Z3 3 e
sz
VibilkERS' COMPENSATION, � /
an1 " a. �C "�r%� t^ e� / / ? J `r q-7
x
i
y
�!-+•!•++.-43ez;':.'R;,�x4'x".�a^r°-..t.r-�r-w..r:.ggry:r'..^,.mnwte,s7"`T'rrT•f�'f;f'9"'P'n``:"..,ats'asr.<r�w-.�.,-. r.. :e., .. *r.:.-r,..-.-^ss"7T;-�s':-r1+l.vas•.F-.'.` .rr.;^•sn r+.....,,.... „...
It is hereby understood and agreed that the
3f Huntington Beach is named as additional insured as their interests
nay appear..
4 „
£ �/ t 30 XXXXXX .i{
.XXySXX� XXiXXXXXXXXXI XXXXXXXXXXXXXXXXX XXXXX
0/6Z
NI City of Hun•;uington Beach
P.O. Box 711
Huntington Beach, California 92648
April. ,2, 1582
Lbv*wAM, LEE KOZURG SONS
If Ni
I
NAME AM! A1D4'nESS OF AGi Nl V
i COMPANIES AFFORDING COVERAGES
EDWARD LEE KOZBERG & SONS }
6310 SAN 'VICI NTE BLVD. 1 �A'rG A REPUBLIC INDEK ITY
LOS ANGELES, CA 90048
CHARLES J. POLLYEA & ASSOCIATES
9220 SUNSET BLVD.
LOS ANGELES, CA _.
d 1;,E,NERAL LIABILITY
�o �o
i •n
xf
AUTO`40BILE I1ABI11i`.17
_
x
EXCESS LIABILITY
.t C1sfARa ���
r4t: C a.).Al�.N1) 1 is O OS
u.t! NC 5 6 C,
n
l OTHER
1 f.."R.',', 1, ..
IT IS HEREBY UNDERSTOOD AND AGREED THAT THE CITY OF HUNTINGTON BEACH IS DIMIED
AS ADDITIC'cAL INSURED AS THEIR INTERESTS MAY APPEAR.
Uencr,t;fa4c�al: .. . , E
w
CITY OF �itiNTI3GTON BEACH 11-20-31
P.O. BOX 711 EDWARD LEE K0Z6TRG & SUIV*
HUNTINGTON BEACH, CA 92648 f
ATTN: WARREN G . HALL �?`! � .�..,s;�
RISK MANAGER
'r+s NOW
X::'.,ax.. n s:"SaL�:�`..r.,''. i.�-.e a U1inY. . ,r�Y;•.., t�,
fiA19 c f Rf:,-; t F ,,,y.-» .ct, s,�xc3...• .3w ".,c�.� #.,{�.. ..-.,.,..�.-, 4++.�s,.:,'�'...� j,
i h EDWAi3D LEE* KOZBERG & SON$ r' s•pp.t�1L5 ,e F {. z3;7'f t+ CiI"� i'Aril r a ' ;. �,
6310 SAP7 VICENTE BLVD. ► C#3ARTr R OAK FIRE INS . CO O.
AY d LOS ANGELES CA 90048 �
•rid REPUBLIC INDE12NITY
CHARLES J. POLLYEA & ASSOCIATES
9220 SUNSET BLVD.
., LOS ANGELES , CA
�.�
y r^tre
r
A 650-245E285- 0—COF-81 5—•I-82
.`
d4 r
h 11000, 11000,
rid
NC 506066
JUL v'-
I fA�UR(R'Orfi..t, ,,,
+ IT 15 HE 'UNDERSTOOD AND AGREED rT#iAT THE CITY OF HUNTINGTON B � q ` � `�^
w .A�.rk)
AS ADDITIONAL INSURED AS THEIR INTERESTS MAY APPLAIt.
�. 30 _
f
CITY OF HUNTINGTON BEACH JLxL�' �.5, 19A3.
P.O. BOX 711 i;U*vAid) LEE KOiBEIiG SONa
HUNTINGTON BEACH, CA 9 648
. .. .... N��Y f.Ykl?Y.YI�YXF'iYw>1tY,sMMMY"Rfl'"�
1
l'aq, ? - Council Minutes 6/23/80
PULLYEA SERVICES - DEFERRED TO 7/8/80
The City Administrator stated that pursuant to Council direction, responsibility
for all legal activities had been consolidated in the City Attorney's Office and
the City Attorney was of the opinion that her office will be able to administer
and/or perform all legal activities for the City in FY 1980/81. He further
stated that the $35,000 in Non -Departmental for contractual legal services could
be used for Mr. Pollyea's services on contracts and leases.
Councilwoman Finley commented on her concerns, stating that the funding for the
leases Mr. Pollyea has been working on are near depletion, and stated that she
would like to see his tasks clarified for the future.
The City Attorney stated that Council hired Mr. Pollyea for financial (.nd business
matters ane he is currently a client of the City Attorney's Office as + special
consul ant. She informed Council that the Attorney's Office can handle all legal
matters and that other business matters may be opted to Mr. Pollyea if desired.
Councilman MacAllister commented that Mr. Pollyea way arw expert in his field, and
he felt that his expertise was needed for real property contracts and leases.
Councilwoman Bailey stated that she felt that all legal matters should be within
the legal department, and expressed her concern over contract amounts that have
been exceeded.
Councilman Mandic stated that he felt that major projector need to be completed,
but future projects should be limited.
Councilwoman Finley expressed concern that the program with Charles Pollyea is
being handled loosely.
On motion by Finley, second Mandic, Council continued the matter to 6:30 P.M. on
Tuesday, July 8, 1980, to meet with Mr. Pollyea, Mr. Moorhouse, Mr. 8elsito and
City Attorney 'Hutton, to discuss Pollyea's responsibilities. The motion carried
by the following vote:
AYES: Pattinsont Finley, Bailey, Mandic
NOES. MacAllister
ABSENT: Thomas, Kelly
CHARTER HTERPRETATION REPUESTED - CITY ATTORUFY'S RESPONSIBILITIES
Counril a Mandic referred to Section 309 of the City Charter relating to the
respon! : 11tiefi of the City Attorney.
The Ci,y Attorney read a portion of Section 304 of the City Charter and gave her
inter retation of same.
Couricilman Mandic disagreed with Mrs.. Hutton's interpretation and suggested
requesting further interpretation from the League of California. Cities.
On motion by Mandic,, second WcAllister, Council directed staff to request an
opinion by the California League of Cities legal department, relating to the
Powers of the. City Council and the City Attorney, as stated in the City Charter.
Motion carried unanimously.
2
4
4
3LZ
t9742 MACARTMUR BLVD.. SUITE 240 • 1RVINF. CALIFORNIA 92715
MS. SER. 1714) 840.1817 + OFF. 1714}
45
y" S titi
r¢'
November 28, 1979
City of Huntington Beach
Allcia M. WF ntworth, City clerk
2000 Main St— PO Box 190
Huntington Beach, CA 92648
Subject. Huntington Beach Inn
Dear Alicia,
1 hereby respectfully request the withdrawal of my letter asking
to appear before the City Council, December 3, 1979, on behalf of
myself and my investors, subsequent to our 4-6 p.m. meeting an November
27, 1979 in Mr. Moorhouses office, and the attainment of our mutual
goals.
Sincerely,
i
'Tack Firming
]dealing President
r
0
903TY OF HUNTINGTON BEACH
1i 1?!1 INTER -DEPARTMENT COMMUNICATION
fit 141M.10% OF %(If
To City Administrator From Vincent G. "'oorhouse
Director, Community Services
Subject Jack Fleming 'Corp. - Purchase Date 111ovember 28, 1979
of Leasehold Interest in
Huntington Beach Inn
Mr. Jack Fleming, Presi,lent of jack Fleminr Ccrporation, has sub-
mitted a letter to the City Clerk r-questing an opportunity to
address the City Council an Decemter 3, 1979, concerning the pur-''-.se
of the leasehold interest in the Huntington Beach Tnn.
Mr. Pollyea and I have met, jointly and separately, with Mr. rig
and his associates several times. The Jaok FleminF Corporrt
a legitimate organization with a sincere inter=�zt in the Q
Beach Inn. However, in that the property is in litigation
ruptay, we have consistently advised Or. Flemiorr and others t.
City is not in a pe>oitlon to.negotiate. The property is in rev or-
shAp of the Federal Bankruptcy Court and not under the direct co -rol
w' the City.
On November 27, 1979, 1 met with Messrs- Flem!07 and Wiggins and
Mrs. McEvoy until 6:30 P.m. We discussed their prnposal and I advised
them that If they appeared before Council on Dec#`ber 3, they would
be listened to but that no discuzoion would vqism due to the confi-
dentinlity of litiration matters. T tolA thpm that the City Cnincil
Is totally aware of the status of this matter and, in several , nutive
sersionz, has given zpoclfin inotructions to lef,al counsel arm staff.
At the proper time, when the matter has been nettled, all. proposals
will be board and discuosed. I told Mr. FRT0rur that we felt he had
a unique and viable qoncept but, n.t this, tir--e, we wf'-re not in a
position to discuss It. At the oonclusion of our meetir)F, V11r. Fleming
stated he would withdraw his request to app-ar and speak o Council.
this morning',, T spcke with Mr. Pollyea who, nl^ng with r1r. Karol, ad-
vised that anyone appearing before Count it foncerninr, this litigation
should be listened to but that no d0cuosicri :-,r dialorue should take
place with Council. Theze people ohonld be thanked and ad-
vised that the matter is In litigation and o.annot be discussed at
this time.
If you bav,; t rtber que*tionz
Moorrhouse
Mractor
cammunity servicez
re;-arding, thin subjeot., please advise.
In City C ON
'lf
13
3533 MISTRAL Datve �140' t%j£���zi
SUN71NG7oN BEACH, CALWORNIA 92649
(7141 $40-1817
November 27, 1979
Honorable Mayor & City Council
City of Huntington Beach
Att,ntion: City Clerk SUBJECT: Purchase of Leasehold Intert-st in
Huntington Beach Inn
Dear Ms. Wentworth,
We request a place on the agenda for the December 3, 1979 meeting regarding
our purchase of the Leasehold interest in Huntington Bead Inn.
Wo have invested considerable time and money and have diligently pursued this
objective through proper channels, namely Vince Mourhouse and Charles Pollyea.
Our proposed usage of the subject property provides ready goals and objectives
which the City wants for the property: (1) 'increased revenues, (?.) increased
tourism, (3) redevelopment of the gene al area and specific property lease, and
(4) harmonious relations between all parties involved within the project rehabil)
tation, including tenants of the mobile horse park,
Since our efforts have been to no avail, we are requesting Council direction
as to how we might proceed,
Our team consists of myself, Jack Fleming, George Rodda, Attorney at Law,
Steven Berck, Paul Dohrman and panda McEvoy. We have funds available to make
this property an asset to Huntington Peach.
JFwm
ierely,
/Jack Fleming
President
�1�
REQUEST FOR CITY COUNCIL ACTION
Submitted by Vincent G. Moorhouse Department Harbors, Beaches, Recreation & Parks
Date Prepared 19 79 Backup Material Attached 0 Yes [3 No
Sub*t REAL ESTATE LEASE CO.Nf3=XT AGr-0:2,E!U
C'ty Administrator's Comments
TD 'ByCkTy COUNML
Approve as recon, mrided. APPROV 2:�-f j�f
c.1T
Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions,
STWMEW OF ISISLT
At the Co=Q11 m—eting of April 16, 19-19, the City _',3,xnoil approved. the hiriW, of
Charles J. P,,)Ilyea and Asso3iates au the Citylo 'real estate lease coris,,,dtant.
0
xd
Approve the Real Estate Lea,;e Cbnsulltarit Agreenent..
VITAUSIS
11he City is J1_n need of a real estate ltea."e consultant with alet-al background to handle
its real estate leasez and holdinrz_ in r;ist clealin�,.rs with tne City, Mr. Follyea has
proved !Araelf to be highly innovative wrid totally RmowledFreable in firidiW, equitable
solutions to real estate related probleiz. I feel there am distinct advantages in
utilizing, the privato .sector durin!�! the current. Propositicn 13 1-11nitations to find
-lost effective alternative, for the City and its miall Qq _ate !io1dinp.
RMIEZ SOUF:7
Contingency Fund
ALVERNATIVE AC7T0_'Z
1)0 not approve arreerient.
P114 304
j._
MA
1# TEFI-DEPARTMENT COMMUNICATION
}
e To Floyd G. Belsito From F. B. Arguello
City Administrator Director of Finance
Subject Financial Impact Report - Date May 11, 1979
Real Estate Lease Consultant"
In response to a request from Harbors, Beaches, Recreation and Parks Department for
a financial impact report on the subject ratter, I have completed the attached. If
the City Council wishes to approve the project, there are funds available in the l�
general fund contingency account `o Bind the project. There would be a balance re-
maining in the contingency account of $13,376.17 in this project is approved., i
i h
Q
F. B. Ar9tello
Director of Finance
FBA/cg
t971, 4 1 I
CITY OF HUtiTINGTON BEACH
ADMINISTRATIVE OFFIer
CITY OF HUN I NGTON BEACH
FINAKIAL. IMPACT REPORT
Project Fame Read Estate lease Consultant
Description City re:eu:res lease consultant with legal background.
1 DIRECT PROJECT COSTS
1.1 One -Time CoSts
land
urn, aci -
Acquisition
construct
ties, E ( m
OtMer
Total Cast
$ 25,000
$ 25,000
1.2 Revirring Annual Casts
Pe roll
Additional
Personnel
IMaterials 6
Sa lies
utside
Services
Revenuef, Total Cost
1,3 Replacement/Reiaewal Casts
Coast would be based on contractual agreements if continued in future,
2, t N k RECT COST
Clone. �___