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HomeMy WebLinkAboutRobert L. Mayer - Driftwood Beach Club Homeowners Association - 1989-09-26 } ICE) CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUATINGTQN It4CH Barbara A. Kaise To Connie Brockway From Deputy City Administrator/ City Clerk Economic Development 5abject FIRST AMENDMENT OF MOBILE Date January 14, 1991 HOME ACQUISITION RELOCATION AGREEMENT —"THE WATERFRONT Regarding the First Amendment for the Waterfront as attached, please note that this Amendment will not be executed by the developer and will not be in effect. The D.D.A. was never amended. Neither Mayer nor the Driftwood Beach Club is willing to sign the documents and the City Council approved this First Amendment without their concurrence. Thank you for your cooperation. EAK:sar Attachment xc: Michael T. Uberuaga, City Administrator 9338r He', fe CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNMMGIM BEACH To Michael Uberuaga From Connie Sjrockway City Administrator City Clerk Subject First Amendment of Mobilhome Date November 19, 1990 Acquisition Relocation Agreement The Waterfront I would appreciate a memo fromlyour office giving direction to the City Clerk's Office as to whether this agreement will ever be executed by Robert L. Mayer and the Driftwood Beach Club Homeowners Association. �,5 t h � at CB:pm l NOV 2 0 1990 A,D;?,��iS�r?�.tile- rrlut ;1T Oc CEip''`(�,� EvE�_ r.,nIncV,1v • CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUN11NG10N MACH To Michael Uberuaga From Connfe Brockway City Administrator City Clerk Subject First Amendment of Mobtilhome Date November 19, -1990 Acquisition Relocation Agreement The Waterfront I would appreciate a memo fromlyour office giving direction to the City Clerk's Office .as to whether this. agreement will ever be executed by Robert:L. Mayer and the Driftwood Beach Club Homeowners Association. CB:pm v -007 THE WATERFRONT � x c N c+ n March 30, 1990 r�K rn�< C .++t 0 Mr,Mike Ubcrraga City Administrator and Ci Council of the n Cittyy of�iuntington Beach 2060 Main Street Huntington Beach,Ca.92648 VaFacsimile_Transmission Re: First Amendment to Mobilehome AcQuisitionpnd Relocation Agrrrgment Dear Mr.Uberraga: It has recently come to our attention that confusion exists as to an unexecuted First Amendment to the Mobilehome Acquisition and Relocation Agreement originally entered into September 26, 1989, The original Agreement is a multi-party agreement between the Agency, the Driftwood Beach Club Mobile Homeowners Association, Inc., the 230+ Individual Tenants of the Driftwood Mobile Home Park (all of whom individually executed copies of the Agreement), and RLM Properties, Ltd. (Robert L. Mayer). The subject First Amendment which would have extended the time allowed to the City to perform its obligations under the Agreement was never agreed to by Robert L Mayer or the Driftwood Association or Tenants. Nevertheless, the amendment was taken to the Council for approval on March 6, 1989, and notwithstanding the protest expressed from the podium by a representative of the Driftwood Beach Club Mobile Homeowners Association, the Council acted to approve the First Amendment. Subsequently, all parties besides the City refused to execute the First Amendment and it is our position that the First Amendment is null and void. - Concurrently, the Mayer organization undertook substantial efforts and expenses to temporarily house tenants and solve many related relocation problems so that their mobile homes could be removed from the site. These actions were taken with the approval of the Director of Redevelopment in an effort to minimize the liability of the City that would otherwise occur if the City failed to turn over the site for construction at the previously agreed date of March 15, 1989. In fact, even with these actions by, the Mayer organization, substantial construction at the site was delayed to April 15, 1989 and the last mobilchomcs and debris were not cleared until early May, 1989. Had these actions by.thc Mayer organization not been taken, The Waterfront Hilton would not be nearing completion in time for the summer season as it is now. The Robert Mayer Corporation 6W Newport Center Drive, Suite 10-50, PO.Box 8680, Newport Beach, CA 92658-8680-Telephone(714)759-SM The costs incurred by the Mayer organization in this regard are being re-submitted for staff consideration next week in a re-organized fashion as previously requested. We look forward to reaching agreement and settling this issue soon. Again, we apologize if we have caused any confusion or discord in this matter. We look forward to getting this behind us and moving on to the next phase of development of The Waterfront. Sincercl , Stephen K.Bone President The Waterfront, Inc. cc: Ms. Gail Hutton,City Attorney Mr.Art De La Uza,Deputy Ci At�arney Ms.Connie Brockway, City Clerk r Mr.Pat Spencer,Acting Director of Redevelopment ra 1 ` OFFICE OR CITY ATTORNEY P.0.BOX 2740 2000 MAIN STREET HUNTINGTON BEACH CALIFORNIA 02647 GAIL HUTTON TE I.EPMO►aE Qty Attorney {714)5364WS March 28, 1990 r• Thomas P. Clark, Esq. Stradling, Yocca, Carlson & Rauth 660 Newport Center Drive, Suite 1500 Newport Beach, CA 92660-6401 -Cr"-` '"Cl f—.< aems-►��C Re: First Amendment to the Driftwood Mobile Home -v Acquisition and Relocation Agreement cn Dear Tom: e On July 24 , 1989, Doug LaBelle -requested that you secure the fully executed agreement described above and/or waivers with respect to the "Park" completion date. To date, the City Clerk has not received the executed agreement which was approved by the agency on March 6, 1989 . 1. Please advise as to the status of the above. 2. Was the May 1, 1989 date approved by the Agency met or excused? 3 . What is the status of the so-called "Management Agreement" which included as an exhibit the acquisition and relocation agreement? 4 . To my knowledge, we approved it as to form along with the amended DDA. I have, however, been "out of the loop" since Robert Sangster and Paul D'Alessandro took over Redevelopment. The City Clerk stated that the amended DDA was to be agendized soon. She would like the executed amended acquisition and relocation agreement in her office prior thereto. Tom Clark March 28, 1990 Page 2 Please respond to the above in writing so that a record of our progress on this issue is created. Thanks much. Arthur Loza Deputy City Attorney cc: Connie Brockway, City Clerk Gail Hutton, City Attorney Robert Sangster, Deputy City Attorney Paul D'Alessandro, Deputy City Attorney s CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUWtWOON LEACH To Michael T. Uberuaga From Connie Brockway City Administrator City Clerk Subject DRIFTWOOD MOBILEHOME ACQUISITION Date March 28, 1990 & RELOCATION AGREEMENT I am placing the attached agreement regarding Amendment #1 to Mobilehome Acquisition and Relocation Agreement between the Redevelopment Agency of the City of Huntington Beach, RLM Properties, Ltd, Driftwood Beach Club Mobile Homeowners Assoc. , Inc. , and Individual Tenants which was approved by the City Council on 316/89 in a file entitled "Agreements Never Executed." I will no longer continue to request information as to the status of this agreement. Please advise me if it is desired that the Cleric's Office hold this agreement active for future execution. CB:bt CC: Mayor & City Council City Attorney Attachment 1J� �E4 CITY OF HUNTINGTON BEACH -0 INTER-DEPARTMENT COMMUNICATION NUNT1Nr,70N SEACN Gail Hutton Connie Brockway To City Attorney From City Clerk Driftwood Mobilehome Acquisition January 19, 1990 Subject and Relocation Agreement (3/6/89) Date Attached is a copy of the First Amendment to the Driftwood hiobilehome Acquisition and Relocation Agreement approved by Council on 3/6/89. The public hearing on the construction management DDA will probably be in February and I would like this agreement executed prior to that time. As you are working on the DDA will you advise me of the status of this agreement. 0994K • i • ' �� ` CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION "L"nWWON UACM To Honorable Mayor and From Gail Hutton Members of the City Council City Attorney Subject Ocean View Estates Management Date January 3, 1990 Contract The above captioned agreement in its present form is not acceptable to this office for the following reasons: 1. Violates the Charter mandated centralized purchasing system. 2. Creates a conflict of interest in that the Manager is an interested party in the Waterfront D.D.A. 3. Constitutes an amendment to the Waterfront D.D.A. and therefore requires appropriate public notices and hearings. Accordingly, I hereby direct the City Clerk to withdraw my previous approval as to form on the original of the management agreement, which is required to be on file in her office prior to your action thereon. I further request that the agreement be removed from the agenda until the above concerns are rectified. I believe that sore of the objectives embraced within the management contract may be achieved by virtue of an amended D.D.A. Accordingly, I have directed Mr. Tom Clark to set up a meeting with all interested parties for the purpose of resolving the above concerns. r GAIL HUTTON City Attorney cc: Paul Cook, City Administrator Tom Clark, Esq. Connie Brockway, City Clerk ) City of Huntington Beach 2000 MAIN STREET CALIFORN[A 92648 DEPARTMENT F ECONOMIC V 0 DEVELOPMENT Office of the Director 536.5582 Housing/Redevelopment 536-5542 Public Information 536-5511 July 24, 1989 Mr. Thomas P. Clark Stradling, Yocca, Carlson, & Rauth 660 Newport Center Drive, Suite I500 Newport Beach, California 92660-6401 Dear Tom, Y RE: Amencled Driftwood Mobilehome AgreCr Several months ago, the Redevelopment Agency approved an amendment to the Driftwood Mobilehome Agreement, providing for a new Park completion date because the originally scheduled completion date could not be achieved for various reasons. The approved amendment was previously transmitted to Tom Wells and Robert Mayer by you for execution. To date, that document has not been duly executed by those parties. Prior to the close of escrow and moving on to Phase II of this project, I believe we must obtain the appropriate signatures or a waiver of responsibility to preclude problems in the future. In your coordinating role with Tom Wells, please assure that we have the appropriate waiver front both Mayer Corporation and the Driftwood Mobilehome Association prior to the completion of our escrow process. Should you have any questions regarding this 1equest, please feel free to contact me at your convenience. ly, N. La elle, Deputy City A ininistrator DLB:lp xc: Connie 13ro way, City Clerk Pat Spencer, Housing & RedeveIopment Director Susan Hunt, Housing & Redevelopment L FIRST AMENDMENT TO MOBILEHOME ACQUISITION AND RELOCATION AGREEMENT THIS FIRST AMENDMENT TO MOBILEHOME ACQUISITION AND RELOCATION AGREEMENT ("First Amendment") by and among the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ("Agency"), RLM PROPERTIES, LTD., a California Limited Partnership ("RLM"), DRIFTWOOD BEACH CLUB MOBILE HOMEOWNERS ASSOCIATION, INC., a California Non—Profit Corporation ("Association") and the INDIVIDUAL TENANTS of the Driftwood Beach Club Mobile Home Park RECITALS A. On September 26, 1989, the parties entered into that certain MOBILEHOME ACQUISITION & RELOCATION AGREEMENT ("Agreement"), pursuant to which the Agency agreed, among other obligations, to make available mobilehome pads at "Ocean View Estates" for relocation of Phase I tenants ("Phase I Relocation Obligation") on or before March 15, 1999. B. Through no fault of any of the parties, it now appears that the Agency will be unable to perform the Phase I Relocation obligation within the time specified. C. The parties desire to modify the timeframe within which the Agency shall perform the Phase I Relocation obligation by providing for a reasonable time within which to perform. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows: 1. In Section V.B.I.(i) — the phrase "but in no event later than March 15, 1989," shall be deleted and said Paragraph V.13.1.(i) shall now read as follows: Acquisition Escrow: Within fifteen (15) days of receipt of the written notice of certification by the Agency, it shall establish an escrow for its acquisition of the Mobilehome with the closing to occur as soon as possible (approximately thirty (30) days after the opening of said escrow). 2. In Section V.B.2.(c)(v) — the phrase "prior to March 15, I989," shall be deleted, and in its place the phrase "as soon as reasonably possible" shall be inserted so that said section now reads as follows: Relogalion Avallsibility: The Agency will make available at Ocean View Estates I as many spaces as are necessary to accommodate Phase I and Phase I Optional Tenants who select this Option as soon as reasonably possible. 3. Section V.B.2.(e) — shall be deleted in its entirety. 4. Except as amended in this First Amendment, the Agreement shall remain in full force and effect in accordance with its terms. r ' K. Counterpart t ExeClitio . This Agreement may be executed in counterparts, each of which shall be fully effective as an original and all of which together shall constitute one and the same instrument. In witness whereof, the parties have executed this Agreement as of this day of , 1989. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH By: RLM PROPERTIES, LTD., a California Limited Partnership By: DRIFTWOOD BEACH CLUB MOBILE HOMEOWNERS ASSOCIATION, INC., a California Non—Profit Corporation By: INDIVIDUAL TENANT SIGNATURE PAGE ATTACHED INDIVIDUAL TENANTS SIGNATURE PAGE I/We, the undersigned, owner(s) of the mobilehome located on Space , of the Driftwood Beach Club Mobilehome Park, do hereby agree to the terms and conditions of the First Amendment to the MOBILEHOME ACQUISITION AND RELOCATION AGREEMENT by and between REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, RLM PROPERTIES, LTD., a California Limited Partnership, DRIFTWOOD BEACH CLUB MOBILE HOMEOWNERS ASSOCIATION, Inc., a California Non-Profit Corporation and the INDMDUAL TENANTS of the Driftwood Beach Club Mobile Home Park dated , 1989. Date Signature Date Signature