HomeMy WebLinkAboutDirector of Community Services to sign as City Representativ CIS
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Dept.ID CS 14-002 Page 1 of 2
Meeting Date: 1/21/2014
CITY OF HUNTINGTON BEACH
4 Y REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/21/2014
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Janeen Laudenback, Director of Community.Services
SUBJECT: Authorize the Director of Community Services to sign as City Representative the
Trust Distribution Agreement accepting $10,000 as a gift from the Norman L.
Mayer Revocable Trust; and, authorize appropriation and expenditure of funds
for a park bench
Statement of Issue:
A representative from the City of Huntington Beach is required to sign the Norman L. Mayer
Trust Distribution Agreement in order for the City to accept a bequest of $10,000 from his
estate for a park bench. City Council action is requested to authorize Janeen Laudenback,
Director of Community Services, to sign the Agreement and appropriate the funds on
behalf of the City of Huntington Beach.
Financial Impact:
No impact to the General Fund. The costs for the bench and installation will be covered by
the bequest.
Recommended Action:
A) Authorize the Director of Community Services, Janeen Laudenback to sign the "Trust
Distribution Agreement Norman L. Mayer Revocable Trust Originally Established January
22, 1985, As Amended" on behalf of the City of Huntington Beach; and,
B) Accept the bequest of $10,000 from the Norman L. Mayer Revocable Trust Distribution
Agreement and authorize the appropriation of $10,000 to Community Services Beach
Maintenance Donation Account, Other Maintenance Account 10345206.67400. Upon
receipt of the funds, authorize expenditure of the funds for a park bench in the name of
Norman L. Mayer. Any excess funds will be used for installation of additional park
equipment as needed.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
Norman L. Mayer was a resident of our city for over 33 years and worked for the City's
Planning Department. He passed away on June 8, 2013, and left a cash bequest of
$10,000 in his Trust to the City of Huntington Beach for a park bench to be located near the
xB -57- Item 4. - I
Dept. ID CS 14-002 Page 2 of 2
Meeting Date: 1/21/2014
pier with an inscription as follows: "In Memory of Norman L. Mayer, 1924-2013." The City
is prepared to accept this donation in exchange for placing a park bench on Bluff Top Park,
at a location between 9th and 11th Streets. The exact location of the bench is yet to be
determined.
The Co-Trustees are requiring a City Representative to sign the attached Trust Distribution
Agreement for distribution of funds per the Trust Agreement.
Environmental Status:
Not applicable
Strategic Plan Goal:
Improve the City's infrastructure
Attachment(s):
1) Correspondence from Tredway Lumsdaine & Doyle LLP
2) Norman L. Mayer Revocable Trust Distribution Agreement
Item 4. - 2 HB -58-
JOSEPH A.LUMSDA.INE* 3900 KILROY AIRPORT WAY SUITE 240
MARK C.DOYLE,WA LONG BEACH,CALIFORNIA 90806
MATTHE'WL.KINLE {582};9 3-0971
DANIEL R.GtOLDt_ FAX(866)831-7302
ROY J.XMENE2
SHANNtON M.JENKINS LUMSDAINE D{OWNEY
MONICA GOEL (E02)923-0971
PATR}CK C QUINLIVAN.1
W,BAILEY SMt aTH±T O.C.REGIONAL 0010E
JENNIFERN.SAIND'AY �� a LLP (949).756-0684'
JENN FER.A,LUMSDAINE �
PAMEtA K.TAHIM,LLM BEVERLY HILLS
BROOKE M,POLLARD (310)218-5312
MICHAELA_HELLBUSGH
CARLOS.A.SECERRA Aww tldldw.com"
JEEHYUN YOON
Pro essiane�tam C,>-P HAROLD T..TREDWAY
z o4 Co..se - 1919-2005
e���s a*Saeca4za;tor REPLYTC3; iC7NG.BEACH OFFICE
mL:slatr Ftmrong T u!s�P«bate Law{state"&a T M"nil;grn'ai - -
AUTHOR'S E-WWL:mgoel@tidiaw�,m -
November 26,2013
_Janeen Laudenback. Director
City of Huntington Beach
2000 Main St.
Huntington Beach, GA 92648
Re Norman L. Mayer Revocable Trust
Bear Ms. Laudenback.
Lois D. Johnson and Effie Louise Crew as Co-Trustees of the Norman L. Mayer Revocable Trust
are eager to complete the administration and to distribute the assets of the 'Trust.
In order to more timely facilitate the distribution of the Trust assets and to reduce the costs of
administration, we enclose the"Trust Distribution Agreement for your signature and return,
Please sigh where indicated a d return to us in the enclosed self-addressed stamped envelope.,
Once we have received everyone's signatures,the Trust will.be able to complete the distributions
as provided for under the A recment.
Should you have any questions or wish to discuss the Trust Distribution Agreement further,
please contact nip= ol'lice.
Very truly yours,
` REDWAY. LUMSDAINE& DOYLE'LLP
Monica Goel
Enclosure
cc: Lois D. Johnson
Effie Louise Crew
HB -59- Item 4. - 3
15 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648-2702
HUNTINGTON BEACH COMMUNITY SERVICES DEPARTMENT
(714) 536-5486
July 19, 2013
Tredway Lumsdaine & Doyle LLP
1920 Main Street, Suite 1000
Irvine, CA 92614-7276
RE: NORMAN L. MAYER
Dear Mr. Smith.-
We are in receipt of you letter dated June 18, 2013 regarding a park bench donation for
Norman L. Mayer. The City is prepared to accept this donation in exchange for placing a
park bench on Bluff Top Park. The location of the bench is yet to be determined. Denny
Bacon, Maintenance Operations Manager, from our Park, Tree, and Landscape division
of Public Works will be in contact with you to determine a location that is amenable to
both the City and to the Estate of Norman L. Mayer.
If you have any questions, please do not hesitate to contact me or Mr. Bacon. I can be
reached at (714) 536-5496 and Mr. Bacon can be reached at (714) 375-5024.
Sincerely,
Janeen Laudenback
Interim Director of Community Services
Cc: Denny Bacon, Maintenance Operations Manager
Item 4. - 4 HB -60-
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MONICA GDEL S AVNOh 1 (582)923- 9 7
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JENNJ FER N.SAWDAY ` L i,Ll {562,901-3050
JENNIFEP A.Li:MSG,AIN_
PAMELA K TAHIM,LLM BEVERLY HILLS
BRJ ICE h.POLLARD LC-wyers (310",218-5312
MICHAEL A.N.ELLEIJSCH
CARLOS A.SEC:RRA
JEE Y P MOON www_tidlaw.com
HAROLD T,TRE.OWAY
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a4 mn�, a ro :� sw{sateaa orcaz mat_ REPLY TO- IRVINE
June 18, 2013
11 untington.Beach City Council Jennifer McGrath, Esq.
`2000 Main Street City Attorney of Huntington:Beach
Huntington Beach, CA 92648 20,00 Main Street
Huntington Beach, CA 92648
RE.- NORIVANL. AlAYER
Dear City Council and Ms. McGrath:
l represent the,Estate of Norman L. Mayer who died on June 8 2013 as a resident of the
City of Huntington Beach.
fie has left a cash bequest of$10,000 in his Trust to the City, if the City will erect a park
bench near the Huntington Beach pier with an inscription as follows: "In jkkm rry Of
Norman L. Mayer, 1924 =2013."
Please advise me of your willing ess to accept this gift and when construction oft he park
bench will Begin.
Sincerely yours,
"REDW LUMSDAINF & DOYL.E LLr
j
W. lied' Srnrth
WBS:kC
c: Effie Louise Crew, Co-`'rustee
Louise I . Johnson. Co-Trustee
Monica Gael, Esq.
1,tj'228653-1 33591-001
1-1B-61- Item 4. - 5
TRUST DISTRIBUTION AG E
NORMAN L'. MAYER REVOCABLE TRUST
ORIGINALLY ESTABLISHED JANUARY 22, 1985,
AS AMENDED
This agreement is made as of , 2013 by;LOIS D. JOHNSON and
EFFIE LOUISE CREW, Co-trustees of the NORMAN L MAYER REVOCABLE
TRUST ORIGINALLY ESTABLISHED JANUARY 22, 1985 AS AMENDED'
(hereinafter referred to as "Trust") and LOIS D. JOHNSON, EFFIE LOUISE CREW and
SHIRLEY A.PEER; MASONIC HOMES, GARDEN GROVE ELKS, AND CITY OF
HUNTINGTON BEACH. (hereinafter referred to as "Beneficiaries" and'collectively as.
,1Partiesol)
1. Distribution Provisions. The terms of NORMAN L. MAYER'
REVOCABLE TRUST ORIGINALLY ESTABLISHED'JANUARY 22, 1985 AS
AMENDED pursuant to ARTICLE I11, Section 3.04 of the Second Amendment to,and
Complete Restatement of the NORMAN L..MAYER REVOCABLE TRUST
ORIGINALLY ESTABLISHED JANUARY 22, 1985. states that the Trust estate shall be
distributed as follows: (1) $10,000 to the Masonic Homes;,,es; (2) $10,000 to Barden Grove
f H Elks; (3) $10,000 to City ountington Beach for park bench; (4). Remainder into equal
shares to LOIS D. JOHNSON, EFFIE f OUISE CREW and SHIRLEY A. PEER-
2. Proposed Final Trust Distribution_ The Trust is now in a position to make a
final trust distribution as follows described below and also shown on Exhibit"A"
3. Beneficiaries Consents to Final Trust Distribution. By signing the Final
Trust Distribution Agreement; the Beneficiaries herein agree that the final>distribution set
forth in Paragraph 3 and also shown on Exhibit "A" is proper in all respect"§.
4. Waiver of Final`Accounting.,�'Under the terms of the Trust; a full accounting
may be required by the"Trustee in accordance with the California Probate Code-,For
purposes of the final trust distribution, the Beneficiaries'hereby waive an accounting .
5. Reserve. The Trustee is holding in reserve $]00,000 for any final taxes,.
expenses including attorneys fees liabilities and costs arising from the Trust. Upon-
completion of the final tax return,and payment of all final expenses, the"balance of the
reserve, if any, shall be distributed to the Beneficiaries as set forth in Paragraph I.
LAW106-1 33591-001 1
Item 4. - 6 HB -62-
6. Trustee's Fees. The total Trustees' fees shall be$10,000 payable to Lois D.
Johnson. By signing this Agreement,the Beneficiaries consent that these fees are }gaper
in all respects.
7. Further Documents. Each Party hereto agrees to make, execute, and
acknowledge such deeds,_assignments, bills of sale, stock powers, letters of instruction,
and other documents of transfer or conveyance as reasonablyrequired to carry out the
distribution set forth in the:paragraph immediately preceding and otherwise to carry out
the terms of this Agreement.
8. : Mutual Releases.
8.1 All'Parties, on behalf of themselves,their successors, assigns and
agents,hereby release and discharge all other Parties, and their officers, directors;.
trustees, shareholders, heirs, executors,,administrators, attorneys, successors and assigns,:
principals; agents, servants, employees, consultants, representatives, parents, owners,
brokers, affiliates, subsidiaries and related entities and each of them, from any and all
actions, claims,.causes of action,judgments, liens, promises, agreements, contracts,
obligations,transactions, indebtedness, costs, damages, losses, lawsuits,arbitrations,
appeals, claims, liabilities, indemnifications,debts, restrictive covenants, covenants not to
compete, demands, attorneys' fees or expenses of any nature whatsoever.
8.2 Waiver of Unknown Claims. It s the intention of the Parties hereto
that this release be effective as a full and final accord and satisfaction and release of each
and every claim any Party may have against any other Party, whether known or unknown_
In furtherance of this intention; all Parties herein acknowledge that they are familiar with
California Civil Code §152,which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS FAVOR AT THE TIME F EXECUTING THE
RELEASE, WHICH, IF KNOWN BY'HEV, MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH
DEBTOR."
All Parties herein expressly waive and relinquish any right or benefit he, she or:it might
have under Section 1542 of the California Civil Code or any relevant similar statute to
the full extent that it may lawfully waive such rights and benefits.
L AI287106-1.33591-W I
HB -63- Item 4. - 7
9. Indemnification. The Beneficiaries hereby agree to indemnify, defend, and
hold the Trustee and Trustee's,Attorneys free,and harmless from and against any and all n
liability, damages, losses or expenses, including reasonable,att , eys' and,,accountants'
fees howsoever`arising by reason`of the distribution of the Trust Estate pursuant to this
Agreement, including payment of taxes, interest, and penalties,if any. In addition,.
Trustees and beneficiaries acknowledge that Trustees' Attorney's have advised them that
Trustees'Attorneys have not advised Trustees concerning any,taxes that may be owing,
including but not limited to'Estate Tax,and that Trustees' Attorneys disclaim any
responsibility for any tax liabilities that may be owing. Trustees and beneficiaries'hereby..
agree to indemnify, defend, and hold the Trustees' Attorneys free and harmless from and
against any and all liability, damages, losses,'or expenses, including reasonable attorneys,%and accountants fees howsoever,arising from any taxes that may j)e Iowing from the Trust.'
10. Binding on Successors. This Agreement shall be binding on'the°.heirs;
successors, and assigns of the parties;hereto, including any successor trustees of any of
the trusts referred to herein.
11. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
12. Counterparts. This Agreement may be executed in several counterparts;
each of which shall be deemed an' original, but all.of which shall constitute one and the
same instrument. In addition, this Agreement may contain more that one counterpart of
the signature page and this Agreement may be executed by,affixing signatures of each of
the Parties to one of such counterpart signature pages; all of such counterpart signature
pages shall read as though one, and they shall have the same fore and effect as though
al l of the signers had'signed-a single signature page.
LA287106-1 33591-001
Item 4. - 8 HB -64-
13. Advice of Counsel. The.Beneficiaries hereby acknowledge that they have
been advised to have this Agreement reviewed by an attorney and.tax advisor of'their,
choosing and freely and knowingly,enter into this Agreement without out reliance upon the
advice of TREDWAY, LUMSDAINE &DOYLE, counsel for Trustee.
Executed at Irvine, California on , 2013
LOIS D. JOHNSON, Co-trustee
EFFIELOUISE CREW, Co-trustee
Executed.at , California, on , 2013.
BENEFIM ES:
LOIS D. JOHNSON
�4,EFFIE LOUISE CREW
SHIRLEY A. PEER
By:
IViASONIC HOMES
By
GARDEN GROVE ELKS
By.
City of Huntington.Beach
LA/2.87 106-1 33591-001.
4 ,
HB -65- Item 4. - 9
EXHIBIT "Al
NO AN L. MAYER REVOCABLE TRUST ORIGINALLY ESTABLISHED,
JANUARY 22, 1985, AS AMENDED
Trust Assets-
Personal Effects No resent value
Cash on Eland $1;281,305.41
Receipts Expected from loan payoff $202,199.34
and reimbursement
Expenses
Trustee Fees $10,000
Reserve for final expenses $100,000
Total Specific Bequests ` $30,000
Total to Distribute: $1,141,305.41
Amount to Each Beneficiary: $380;435.18
Distribution
To Lois D. Johnson $380,435.18
To Effie Louise Crew. $380,435.18"
To Shirley A.Peer $380,435.18
01
{
LA1287106-1,33591-001
Item 4. - 10 HB -66-