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Home My WebLink About00 - Non-Agenda Items - HandoutsFROM FRX N0. : 9499751514 Jun, 20 2009 06:J7RM P2 Received After Agenda Printed October 9, 2018 Non -Agenda Items THE CITY OF NEWPORT BEACH AND NEWPORT AQUATIC CENTER, INC. GROUND LEM'Z ZZ THIS GROUND LEASE, entered into thisoZZ o C 198 , by and between THE CITY OF NEWPORT BEACH, ("Lessor,,and NEWPP T AQUATIC CENTER, INC., a Non-profit Public Benefit Corporation, organized and existing under and by virtue of the laws of the State of California, (referred to as "Lessee") is made with reference to the following facts, the materiality and existence of which is stipulated and agreed by the parties: A. Lessor is the owner, subject to a public trust, of approximately 12 acres of tidelands I'ocated in the City of Newport Beach and commonly known as N_.th Star Beach. B. In November, 1982, the qualified electors of the City of Newport Beach approved a Measure which granted the City Council the authority to lease property on North Star Beach for the construction of facilities to promote sports involving human - powered watercraft. C. The property which is the subject of this lease has been identified as that portion of North Star Beach best suited for the construction of facilities to promote sports involving human -powered watercraft. D. On September 6, 1984, the Planning Commission of the City of Newport Beach approved Lessee's application for a use permit (No. 3104, attached as Exl,►uit "C") authorizing the construction of an 18,228 square foot structure that would provide facilities for human -powered watercraft, and their owners, including boat storage, and multi-purpose area and meeting room, a weight training room, small offices for the conduct and operation of facility, locker rooms, and such other facilities as may be incidental to sports involving human -powered watercraft. In addition, permittee proposed to construct a bulkhead along a portion of the beach frontage, build low lying docks to serve only human -powered craft, landscape the property, and provide appropriate public parking, restroom facilities, and access to the beach. I E. On February 14, 1985, the California Coastal Commission approved Lessee's application for a Coastal Development Permit authorizing the construction of the Aquatic FROM FAX NO. : 9499751514 Jun. 20 2008 06:3BAM P3 Center. (See Coastal Development Permit No. 5 -84 -785 -Exhibit "D.") F. The property is subject to restrictions, including, but not limited to, limitations specified in Chapter 415, Statutes of 1975 the Grunt Deed from the County of Orange to the City of Newport Beach and (conveying an undivided one-half interest in the property) and the limitations commonly imposed on public tidelands - Lessor has determined that the proposed Aquatic Center, and the uses to which it will be put, are consistent with the limitations and restrictions imposed on the property; G. The residents of Newport Beach and the County of Orange will derive substantial benefit from the construction of the Aquatic Center in that: 1. Newport..Rarbor has ideal water c_::ditions for the training and development of world-class rowers, canoers, And kayakers, but no facility currently exists to accommodate these athletes and there is currently no organized public program for these specific water sports outside collegiate programs. 2. Construction' of the Aquatic Center will prpvide a facility for world-class athletes, as well as encourage and provide for public participation in human -powered Aquatic sports at all levels of ability; 3, A portion of the Aquatic Center will be available for use b.y members of the general public on a daily basis and also will be available for use by the City of Newport Beach. H. The County of Orange, pursuant to a joint powers agreement, has given the City of Newport Beach the power to execute this lease on its behalf, NOW, THEREFORE, the parties hereto agree as follows: 1. LEASED PREMISES Lessor hereby leases to Lessee, subject to the terms of this Ag reement, the 3.9+/- acre parcel legally described on ::xhibi t "A,"and depicted on the ,p attached as Exhibit "B" (the "property"). -2- FROM : FAX N0. : 9499751514 Jun, 20 2008 06:36AM P4 2. TERM The term of this Lease shall be twenty-five (25) years, unless sooner terminated as provided herein. The term of the lease shall commence on the first day of the first full calendar month after each of the following conditions has been satisfied: A. The Lease has been executed by Lessor and Lessee; B. Lessee• has.applied for a building permit for the construction of at least 35% of the floor area permitted by Use Permit No. 3104 and for construction of any and all improvements or facilities relating to the construction of phase I (as defined in Paragraph 5.A. and required as conditions to Use Permit No. 3104 and conditions 2-6 of Coastal Development Permit 5-84-786;- C. Lessee has compl.led with all conditions to the approval of Use Permit No. 3104 and Coastal Development Permit No. 5-84--786, including, but not limited to, permits from other public agencies, and• the soils, hydrology and related studies; D. Lessee has submitted an Agreement, signed by a general contractor licensed as such by the State of California, committing the contractor to complete at least Phase l of the project on or before March 1, 1988, E. Lessor has received a bond guaranteeing performance of the contract required by the provisions of subparagraph D. The bond guaranteeing performance of the contract in a timely and workmanlike manner in the event contractor fails or refuses to perform 'in accordance with the contract. Lessee must satisfy each of the conditions precedent to the commencement of the term of the lease within twelve months of the date of execution. 3. USE RESTRICTIONS/CONDITIONS This Lease is subject to a14 of the conditions, covenants, restri,I*ions and limi,ations of the following: A. City of Newport Beach Use Permit No. 3104; SIC FROM FAX NO. : 9499751514 Jun. 20 2008 06:39AM P5 11. Coastal Commission Development Permit No. 5- 64-786; C, The Grant Deed from the County of Orange conveying to the City of Newport Beach an undivided one-half interest in the property and recorded March 13, 1978 in gook 12594, Page 990, Official Records of the County of orange. D. The provisions of any and all statutes of the California Legislature granting any portion of the property to the City of Newport Beach or County of Orange. E. The Joint Powers Agreement between the City of Newport Beach and County of Orange (attached as Exhibit "E.") P. Lessee shall permit,, and provide for, public access for activities permitted under the Tideland Grants, including fishing, to the extent those activities do not interfere with the activities and programs conducted by Lessee. 4. CONSIDERATION The consideration for this Agreement shall be the construction of an aquatic center by Lessee, at no cost to Lessor, the continued maintenance and operation of this facility for the term of the Lease at no cost to Lessor, the commitment of Lessee to utilize the facility as an aquatic center far the advancement of marine -oriented athletic and recreational programs and activities, and the right of Lessor to utilize the facility. 5. CONSTRUCTION BY LESSEE A. Projectt Lessee shall have the right, at Lessee's sole cost and expense, to construct a facility consisting of no more than 18,228 square feet, inclusive of boat storage areas, weight training rooms, men's and women's locker rooms, multi-purpose assembly room, facility and public restrooms, and other uses, all as shown on the plans and specifications submitted by Lessee to the City of Newport Beach and California Coastal Commission in conjunction with the approval of Use Permit No. 3104 and Coastal Development Permit No. 5-84-786, Lessee shall construct, at Lessee's sole cost and expense, at least 83 parking spaces, an access road, and other improvements as are shown on the plans for Phage I attached to this lease as Exhibit "F." Lessee may also construct, at Lessee's sole cost and expense, a staging area, dock and bulkhead, to the extent permitted by Use Permit No, -4- FROM : FAX NO. : 9499751514 Jun. 20 2008 06:39AM P6 3104, subject to whatever restrictions may be imposed by any agency having jurisdiction over such construction, B. Phasing/Phase 1: The 2roject may be constructed in no more than three phases. Phase I shall consist of 8,107 square feet of building area, 64 parking spaces, staging area, ramp, dock and accesss road all as described in, shown on, the plans and specifications attached as Exhibit "F." Construction of sub8equent phases shall not conmence until Lessor has, with respect to each phase, complied with the provisions of subparagraphs 2.C. through 2.E. C. Construction Schedule: Construction of phase I shall Commence within ninety (90) days from the effective date of the lease and shall be diligently pursued to completion in accordance with the schedule submitted by lessee or lessee's contractor, and approved by the Building Director of the City of Newport Beach. The time for completion of any phase of construction may be extended in the event of strikes, acts of God, or other events beyond the control of lessee, but shall not be extended due to financial problems. Failure to timely commence construction, or failure to diligently pursue completion of any phase shall be considered a material breach. D. Permits and Approvals; Lessee shall be required to obtain, prior to commencing any phase of zonstruction, all permits, licenses or approvals that may be required in connection with that particular phase, including, but not limited to;, approvals and Permits from the following agencies: (1) The City of.Newport Beach; (2) The County of Orange; (3) The California Department of Fish do Game; (4) The California Coasfal Commission: (5) The California Regional Water Quality Control Boards; -5- FROM : FAX NO. : 9499/51514 Jun. 20 2008 06:40AM Pi (6) The Army Corps of Engineers; (7) The United States Department of Fish k Wildlife; (8) The United States Bureau of Sports Fisheries. E. Completion Bond/Letter of Credit: In the event the contract performance bond provided pursuant to the provisions of paragraph Z.E, of this lease becomes invalid, or unenforceable, for any reason, Lessee shall provide Lessor with a substitute letter of credit or completion bond within. five (5) days from the date on which Lessee becomes aware of the invalidity or unenforceability or the bond or letter of credit or, written notice from Lessor, whichever first occurs. Any substitute bond. or letter of credit must comply with. the standards specified in paragraph 2 E. of this lease. F. Prior Written Approval.- No pproval: No structure or improvement of any kind shall be erected or maintained on the property unless and until plans, specifications, and proposed location of the structure or improvement have been approved, in writing, by Lessor. G. Notice of Non-Respon.sibilit Lessor shall have the right, at any time, to post and maintain on the premises, ar-' record, as required by law, any notice or notices of non -responsibility provided for the Mechanics' Lien Iaws of the State of California. H. Licensed Contractors! All work required in the construction of any phase of the Aquatic Center, including site preparation, work, landscaping, utility installation and similar work shall be performed only by competent contractors duly licensed as such under the laws of the State of California and pursuant to written contract between the contractor and Lessee. Unless otherwise specified by the Buildinc, Director and Public Works Director of the City of Newport Beach, each contract with a general contractor shall provide that the final payment under the contract shall be in an amount equalling at least 10% of the full -6- FROM FRY, NO. : 9499751514 Jun. 20 2008 06:40RM P8 amount payable and shall not be paid to contractor until the following, whichever last occurs; ( I ) The expiration of 35 days from the notice of recording by Lessee of a notice of completion of the building, with Lessee agreeing to record the notice promptly within the time specified by law; or (2) The settlement and discharge of all liens of record claimed by persons who supplied other labor or materials for the construction of the project. 6, CONSTRUCTION/ALTERATION BY LESSEE (1). Lessor's Consent., No structures, improvements, or facilities other than as provide in phase I, shall be constructed or altered by Lessee without the prior written consent of the Building 'Director of the City of Newport Beach. Any conditions relating to the manner, method, design and construction of the structures, improvements or facilities imposed by Lessor shall be considered conditions of this Agreement as though originally stated herein. In the event that any construction or alteration of facilities, structures or improvements requires any discretionary approval of any Hoard or Commission of the City of Newport Beach, any conditions imposed by such Board or Commission relating to the manner, method, design and construction of the structures, improvements or facilities shall also be conditions of this Lease_ (2) Strict Compliance; All improvements constructed by Lessee on the property shall be constructed in strict compliance with the plans and specifications approved by the Building Director of the City of Newport Beach. (3) Mechanics Liens or Stop Notices; -7- Lessee shall, at all times, indemnify and hold Lessor harmless from any and all claims for labor or materials in connection with the construction, repair, alteration, or installation of the structures, improvements, equipment or facilities on the property, and from the c--ts of defending against such claims, including reasonable attorney's Pees. In the event any lien or stop notice is imposed or recorded on the property as a result of the construction, repair, -7- FROM : FAX NO. : 9499751514 Jun. 20 200B 06:41AM P9 alteration of the facility, installation of any equipment, Lessee shall, within thirty (30) days from the filing of the lien or stop notice: i. Record a valid release of lien or stop notice; ii. Deposit sufficient cash with Lessor to cover the amount of the claim or lien or stop notice in question and authorize payment to the extent of said deposit to any person or entity that obtains any judgme.nt with respect to said claim or lien or stop notice; or i i i. P-rocure and record a Bond in accordance with the provisions of Section 3143 CCP, which frees the property from the claim of lien or stop notice and from any action brought ti-,) foreclose the lien or stop notice. Lessee's, failure to comply with the provisions of this paragraph, shall be considered to be a material breach, and this Lease shall be subject to immediate termination, pursuant to the provisions of Section 23 of this Lease. 7. OWNERSHIP OF IMPROVEMENTS: All buildings, improvements and facilities, exclu- sive of trade fixtures, constructed or placed on the property by Lessee must, upon completion of construction or installation, be free and clear of all liens, claims or liability for labor or material, and shall become property of Lessor and the County of Orange at the expiration of this Lease, or earlier termination thereof. Lessor retains the right to require Lessee, at Lessee's cost, to remove all improvements, placed on the property by Lessee, at the expiration or termination of this Lease subject to the provisions of paragraph 13 of this Lease. B. UTIM TIES Lessee shall be responsible for and pay, prior to the delinquency date, all charges for utilities supplied to the property and structures or improvements thereon. 9. MAINTENANCE OBLIGATIONS O1+ LESSEE Lessee agrees to maintain the property and all -8- FROM ; FAX NO. : 9499751514 Jun. 20 2008 06:41AM P10 improvements constructed thereon in good order and repair, and to keep said premises in a neat, clean, orderly, safe, and sanitary condition. This includes, but is not limited to, the prevention of accumulation of any refuse or waste materials which might constitute a fire hazard or a public or private nuisance. Failure of Lessee to p:Operly maintain and repair the property and improvements shall constitute a material -breach of the terms of this Lease. 10. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS In the event of damage to or destruction of Lessee's buildings, facilities, or improvements located on the property or in the event -buildings, facilities, or improvements located on the property are declared unsafe or unfit for use or occupancy by a public entity .with the authority to make and enforce such declaration, Lessee shall, within 120 days, commence and deligently pursue *^ completion the repair, replacement, or reconstruction of the structure or improvements necessary to per- mit full use and occupancy of the property for the purposes required by this Lease, Repair, replacement, or reconstruction of improvements within the Property shall be accomplished in a manner and according to plans approved by Lessor. 11, INSURANCE Lessee shall maintain insurance, acceptable to Lessor, in full force and effect throughout the t.erm of this Lease. The policy or policies of insurance maintained by Lessee shall provide the following limits and coverages: A. 'Liability Insurance; Coverage 1,0,000 Bodily injury -property damage combined single limit, which insurance shall be in force on the first day of the term of this Lease. B. Fire & Extended Coverage_:_ Not less than 90% of the cost of replacement of all insurable improvements within the property. Water damage and debris cleanup provisions shall be included. C. Insurance shall be in force the first day of the term of this Lease. D. Eact insurance policy required by thin Lease shall contain the following three clauses: 1. "This insurance shall not be cancelled, -9- FROM FAX NO. : 9499751514 Jun. 20 2ooe 06:42AM P11 limited in scope of coverage or nonrenewed until after 30 days' written notice has been given to the City Manager of the City of Newport Beach, clo City Attorney's Office, 3300 Newport Blvd., Newport Beach, California 92663" 2. "It is agreed that any insurance maintained by the County of Orange or the City of Newport Beach will apply in excess of, and not contribute with, insurance provided by this policy." 3. "The County of Orange and the City of Newport Beach are added as additional insureds with respect to all operations or, activities of the named insured at or from the property," provided, however, tidy, language shall not be required as, a part of ary insurance policy carried by a contractor for fire and extended coverage during construction of any phase. E. Lessor shall retain the right, at any time, to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Lessor, the insurance provisions in this Lease do not provide reasonably adequate protection for Lessor, based upon loss experience and/or the kind and extent of the risks which then exist, Lessor may require Lessee to obtain additional insurance in such amount as necessary. F. Lessor shall notify Lessee, in writing, of changes in the insurance requirements, and if Lessee does not deposit copies of acceptable insuran-:: policies with Lessor, incorporating such changes within thirty days of receipt of such notice, Lessee shall be in default. G. Any and all fire, extended coverage or other insurance proceeds that become payable at any time during the term of this lease because of damage to, or destruction of, any building or improvement on the property, shall be paid to Lessee and applied by Lessee towards cost of repairing and restoring• the damage or destroyed buildings or improvements as provided in paragraph 10 of this lease. H. The nrocuring of -uch required policy or policies of insurance shall not be construed to limit Lessee's liability hereunder nor to fulfill the indemnification provisions and requirements of this Lease. -10- FROM FAX N0. : 9499751514 Jun. 20 2008 06:42AM P12 12' ASSTGNING, SUBLETTING AND ENCUMBERING PROHIBITED Lessee shall not mortgage, pledge, hypothecate, encumber, transfer, sublease or assign its interest in this lease, the property, or. any structure located on the property. The reasons for the prohibitions specified in this paragraph include, but are not necessarily limited to, the following: A. The property consists of tidelands subject to a public trust for specified purposes, and may not be transferred, or conveyed by LESSOR. The assignment or transfer of the Aquatic Center's interest in this lease could violate the restriction or transfer. H. Lessor's power to enter into this Lease has been granted by vote of the peo,ple and the Joint Powers Agreement, (attached as Exhibit-"E").,gti'dt;Lessor 's power to lease the property is I4,iiitad to non-profit 'corporations involved in promoting sports involving human -powered - watercraft. Any assignment of the Lease or encumbrance of the property could be inconsistent with the authority conveyed by the 'electorate; C. Lessor, given the purposes for which Lessee was formed, and limitations on its power as specified in its articles of incorporation, has greater assurance that Lessee will comply with the terms and conditions of this Lease and related approvals, than any other entity or organization. 13. EMINENT DOMAIN In the event the whole or part of ,the property or improvements is condemned by a public entity in the lawful exer- cise of the power of eminent domain, this Lease shall cease .as to the part condemned Upon the date possession of that part is taken by the public entity. If only a part is condemned and the taking of that part does not substantially impair the capacity of the remainder to be used for the purposes required in this Lease, Lessee shall continue to be bound by the terms, covenants and conditions of this Lease. If only a part is condemned and the taking of that part substantially impairs the capacity of- the remainder to be used for the purposes required in this Lease, Lessee shall have •.the election of: -I1- FROM : FAX NO. : 9499751514 Jun. 20 2006 O6:43AM P13 (1) Terminating this Lease and being absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or (2) Continuing to occupy the remainder of the property and remaining bounds by the terms, covenants and conditions of this Lease. Lessee shall give notice in writing of his election hereunder, within 30 days of the date possession of the part is taken by the public entity. Lessor shall be entitled to receive and shall receive all compensation for the condemnation of all or any por- tion of the property by. exercise of eminent domain. Lessee shall beentitled to receive andshall receive all compensation for.the condemnation of all or any portion of the improvements constructed by Lessee on the leased premises by the exercise of eminent domain. 14. FACILITY MANAGEMENT PLAN The purpose of Lessor for entering into this Lease is to promote the development of sports involving human -powered watercraft, as well as facilities, programs and services related thereto, all to satisfy the needs of the general public. in furtherance of that purpose and to ensure that the operation of the facility is in :accordance with the Intent of the Lessor,: Lessee shall submit a Facility Management Plan (FMP) to the Director of Parks, Beaches k Recreation for the City of Newport Beach for approval. The f a a i I I t i e s shall be operated and administered in accordance with the approved FMP. The FMP shall, at a minimum, include the following: A. The programs, services and activities to be offered to members of the general public by the facility; B. The nature of any membership program pursuant to which any dues or fees are charged by Lessee; C. The hours of operation of the facility; D. The portions of the facility that are avail- able for use by Lessor for the conduct of public recreation -programs, together with the days and times that such space will be available; -12- FROM : FAX NO. : 9499751514 Jun. 20 2008 06:43AM P14 E. Such other provisions as the Parks, Beaches be Recreation Director considers necessary to ensure that the facility is operated and maintained in accordance with the purpose of this Agreement. F. The right of City to modify the FMP in the event of operation of the Aquatic Center is inconsistent with this lease, Use Permit No. 3104, Coastal Development Permit No. 5-84.786 and other applicable law, rule or regulation. Lessee shall sumbit the proposed FMP to Lessor within 120 days after the effective date of this lease. Lessee Is prohibited from using, or permitting others to use, the facility in any manner which is not authorized by; ' or inconsistent with, the approved FMP. The failure of Lessee to comply with the provisions of this paragraph after written notice by Lessor shall be considered a material breach of this lease. 15. UNLAWFUL USE - Lessee agrees that no Improvement shall be erected, constructed or operated an the property, nor any business conducted on the property in violation of the terms *of this Lease, or of any regulation, order, law, statute, bylaw, charter provision or ordinance of any Governmental agency having jurisdiction. Lessee shall not construct, maintain, or allow any sign upon the property, or improvements thereon, except as approved by Lessor, and further, such sign must be in compliance with the provisions of Chapter 20.02 of the Newport Beach Municipal Code. Lessee shall n.ot discriminate against any person or class of persons by reason of sex, color, race, creed, national origin or age. Lessee shall make all of Its servi nes•, programs and facilities available to the public on fair and reasonable terms. 16. INDEMNIFICATION Lessee hereby hereby waives and claims and recourse against Lessor, including the right of contribution, for any loss or damage of or to persons or property in any way related to this agreement and Lessee's activities hereunder, except claims or liability arising from concurrent, active, or sole negligence of Lessor, or its officers, agents, employees or representatives. Neither party shall request a iury apportionment. Lessee agrees to indemnify and hold harmless and =PIE FROM : FAX NO. : 9499751514 Jun, 20 2006 06:43AM P15 defend Lessor, its officers, agents, employees and representatives, from and against any and all claims, demands, losses, damages, costs, legal and investigation expenses, or liability of any kind or nature which Lessor or its officers, agents and employees may sustain or incur or which may be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner related to this Lease, or with the occupancy and use of the property or improvements thereon by Lessee, or any of Lessee's activities at or from the property, or its officers, agents, employees, subtenants, licensees, patrons or visitors, except liability arising out of the concurrent, active, or sole negligence or wilful misconduct of Lessor or its officers, agents, or employees; 17. TAXES AND ASSESSMENTS r This Lease may create a possessory interest which is subject to the paynicat of taxes levied on such interest. It is understood and agreed that all taxes and assessments, includ- ing but not limited to said possessory interest tax, which become due and payable upon the property or improvements thereon or upon fixtures, equipment or other property installed or constructed thereon shell be the full responsibility of Lessee, and Lessee shall cause said taxes and assessments to be paid promptly. 18. INSPECTION Lessor or its authorized representative shall have the right at all reasonable times to inspect the property, to determine if Lessee is in compliance withthe terms and conditions of this Lease and Use Permit No. 3104. 19. SUCCESSOKS-IN-INTEREST Unless otherwise provided in this Lease, the terms, covenants and conditions contained herein shall apply to and bind the heirs, successors, executors, administrators and assigns of all the parties hereto', all of whom shall be jointly and severally liable hereunder. 20. CIRCUMS'T'ANCES WHICH EXCUSE PERFORMANCE If either party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, restrictive Governmental laws or regula- tions, or other cause without fault and beyond the control of the party obligated (financial inability excepted), performance of .14- FROM FAX NO. : 9499751514 Jun. 20 200B 06:44AM P16 such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 21. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Lease is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall, in no way, be affected, impaired or invalidated thereby. 22. WAIVER OF RIGHTS The failure of Lessee or Lessor to insist upon strict performance of any of the terms, covenants or conditions of this Lease shall not be deemed a waiver of any right or remedy that Lessee or Lessee may have, and shall not be deemed a waiver of the tight to require strict performance of all of tua terms', covenants and conditions of the Lease thereafter, nor a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of the Lease. 23, DEFAULT IN T1;1tN1S OF LEASE BY LESSEE Should Lessee default in the performance of any material covenant, condition or agreement contained in this Lease, and such default is not corrected within a reasonable time (as determined by Lessor) after Lessee receives written Notice of Default from Lessor, Lessor may; (A) Terminate this Lease. All rights of Lessee and those who claim under Lessee, stemming from this Lease shall end at the time of such termination; or + (B) At Lessor's sole option, cure any such default by performance of any act, reasonably necessary to. cure such default. 24. COSTS OF SUSTAINING AN ACTION FOR BREACH OR DEFAULT In the event either Lessor or Lessee commences legal action against the other, claiming a breach or default of this Lease, the prevailing party in such 'litigation shall be entitlea to recover from the other costs of sustaining such 'action, including reasonable attorney's fees as may be determined by the Court. -15- FROM : FAX N0. : 9499751514 Jun. 20 2008 06:44RM P17 25. RESERVATIONS TO LESSOR The property is accepted as is and where at by Lessee, subject to any and all existing easements and encumbrances. Lessor reserves the right to install, lay, con- struct, maintain, repair and operate such sanitary sewers, drains, storm water sewers, pipelines, manholes and connections; water, oil and gas pipelines; telephone and telegraph power lines and the appliances and appurtenances necessary or convenient in connection therewith in, over, upon, through, across and along the property or any part thereof, and to enter the property for any and all such purposes. essor also reserves the right to grant franchises, easements, rights-of-way and per- mits in, over, upon, through, across and along any and all por- tions of the property. No right reserved by Lessor in this clause shall be so exercised as to interfere unreasonably with Lessee's operations hereunder or to impair the security of any secured creditor .of ,,Cssee. 25. QUITCLAIM OF LESSEE'S INTEREST UPON TERMINATION Upon termination of this Lease, Including but not limited to, termination because of default by Lessee, Lessee shall execute, acknowledge and deliver to Lessor, within 30 days after receipt of written demand therefor, a good and sufficient Deed, whereby all right, title and interest of Lessor in the property is quitclaimed to Lessor. Should Lessee fail or refuse to deliver the required Deed to Lessor, Lessor may prepare and record a Notice, reciting the failure of Lessee to execute, acknowledge and deliver such Deed and said Notice shall be conclusive evidence of the termination of this Lease and of all right of Lessee or those claiming under Lessee in and to the property. 27. LESSOR'S RIGHT TO REENTER Lessee agrees to yield and peaceably deliver possession of the property t.o Lessor on the date of termination of this Lease,.whotsoever the reason for such termination. Upon giving written notice of termination to Lessee, Lessor shall have the right to reenter and take posses- sion of the property on the date such termination becomes effec- tive without further notice of any kind and without institution of simmary or regular legal proceedings. Termination of the :Lease and reentry of the property by Lessor shall, in no way, alter or diminish any obligation of Lessee under the Lease terms, and shall not constitute an acceptance or surrender. -16- FROM : FAX N0. : 9499751514 Jun, 20 2008 06:45AM P1B 28, NOTICES All notices required by this lease shall be deemed to have been given when deposited in the United States mail, first class, postage prepaid, and addressed as follows: LESSOR City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 LESSEE Newport Beach Aquatic Center 200 Newport Center Drive Suite 301 Newport Beach, CA 92660 IN WITNESS WHEREOF, the parties hereto have executed this Ground Lease, the day and year first above written. LESSEE AF ay NEWPORT AQUATIC CENTER, INC, LESSO ATTBST Wanda Raggio City Cleric -17- FRDM FAX ND. 9499751514 Jun, 20 200E 06:45AM P19 sC rn /" '4 Qd "o U, co fn UPPER NEWPORT SAY a C; 4�. 1 .4 ry � a S 40°' 42' 44" W g22 , 10 47 S 30- 28 39" W 140.46' 173.15 AREA 3.987 ACRES 135 ;001 c4 cl W'LY LINE O.R. N 81' 19' 46- W 11688/1455 181.58' M. INV N 07' 18" W "333.97' z S 69*.. 41' 00" W • O 125.33 38' 20 w 38.33, 59 0 .45,*' 2V' 40" 824 • "vo, r 59- ' 4A.yle AN 44 38' 20-' Z 4S. BASIS OF SEARINGS PLAN PREPARED TO ILLUSTRATE LEGAL DESCRIPTION OF LEASE AREA FAT AQUATIC CENTER NORTH STAR BEACH CITY OF NEWPORT BEACH COUNTY . OF; ORANGE. EXHIBIT Al DOUG o, STER/(-.5. 41599 DATE CHK. ;'Z, C.M THE k-arr" FROM FAX NO, 9499751514 Jun, 20 2008 06:46AM P20 61 Co LA 0 8888888888888$8$�388888888�t$g$8$888888888888$888888 '" 8s��88�8ss8�88888888888��8888888s8888888888888888Wiwi E iaa�i,i,;#Iia,i�sckr�lgi�3�t{t13;�a�Fi��3a1'}1i i�,ssial��,#��i��z114a�i�11lia�a9l�saa�(�ff�ItlblEs as 40M aaw LN a I V T 1R Y'l itl M MS VI M -006---Q-RSA^?------ w ----------------------- r r �- r r w w w r ------------ 40M r rr r w w r w w r r fiPQQ�O�p I?Of?ORi�Q�OCQRi800QQR'�QQ�tiO C?OAQ40C1 fii CD©1®C?48QPQQOAA9CAO r w 1d! a atariaxle it2�xa kJ' i,' *4ixU-4IU:,, u*uZ, 22 �tau'', j!hum..'46LW:,Wziu�u�.iiuolt�i: u'.S'w tXi i &� 46; 4&" U; i w w U, 4L W U: ": 41� to: #A:;&� 44; fA: ta� U� 44 U; iffi#if itf(iit(##(lfii �a ,i6s:al:E�ltfsiifeEt�tl�ifa�hlas€t�iifEf1161i1l�ia# I -I " MOM I I o +p a s► o w i .» w - rwv r w - — w rem wr -w-wIIwry-rw-r3-l-w�-w w rwr r ------------ x - --- -w ---w w CiQC1QCTSQOQQQICI©ObOQOpA000�00+C11C�i?44QS7!QQQQQCf�pdGR7!004AQQQAQR?QO 3 a a a s a a a t� a� g 3 a ai s a a ai a s a m a iiLL.4.4.iL 4.�i1.b.Y.LL44.4A.kY.4. iL iL{LLLIL AA.Y.Y.AR.i1.tL{;,4.M.{t.ti-�{z. N.�LLli. ii, tL Ri. y��LLY;. 4. 41. Y.W 4t,. t4 i4 Ed.4.tt. Y.. t6. Y,. fL 4. k4kY. 14 ii. U. LL W M. 4A Y.U{ id. UA WY,U..ICti,4.U.1A-U;Y.Wt6W%Cb.fLluU.M.1A- 44. 4. AA. Y. U;!i. ti-tc tl. Y. u; U: Y. +giat�arga6idSEt�aE Pals$$=a�li��iae3�hEei�sil�i�e��{[ 3,isc��t�t��iegE��1�l,Jfti@�t(�9��ir#sttliia3ts16�iiaf� to QF m Sp cq WSNDW op W m NW W 49 V tY 4 , g z i z . W W EL U. W ik W U, W LLLL %L U. 1A 11 11 q. W Lt. U. U. Lu LL LU U. w If LU LL U. LL 11.%L LL U. LL U. u. LL w u: LL Ls. w w U. u; ti, tL U. u. is; w tt 44. w u. U. mA si.. u: U. U: %A. U. ts. LL: tk. 41. tj: U. U: ULLA4 &A: $A: 16: u; 4c ls.U: U� '��'�'��'��'��''�' 'clip IIS' I I AC3 12 1 cr(r xx x x rw w w Ion H19 AR9111NIPM -uNuj9,�rqk1j1 o111no Building Fund Donations Sales Receipt 03/162012 3585 Kawamura Kay, Jan Donation - Building Fund Donation - 100.00 Sales Receipt 05/312012 5471 Lohman, Chris Donation - Building Fund Donation - 5.00 Deposit 06252012 To adjust and reconcile bank 2.00 Sales Receipt 07/09/2012 7532 Caldwell, Phillip Donation - Building Fund Donation - 100.00 Sales Receipt 08/172012 12130 Newhouse, Terry Donation - Building Fund Donation - 27.00 Deposit 12/31/2012 Van Cleave, J For remodeling and renovating the Ic 50,000.00 Sales Receipt 05/192013 4223 N Hourly - Daily Renter Donation - Building Fund Donation - 150.00 Invoice 07/112013 12843 Caldwell, Phillip Donation-Building Fund Donation- 100.00 Sales Receipt 08/06/2013 Van Cleave, J Donation - Building Fund 51000.00 Sales Receipt 09/072013 10987 N Hourly - Deily Renter Donation - Building Fund Donation- 100.00 Sales Receipt 09/142013 11355 N Hourly - Daily Renter Donation - Building Fund Donation - 5.00 Sales Receipt 10/12/2013 Hourly - Daily Renter Donation - Building Fund Donation. 60.00 Sales Receipt 11/022013 Houry-Daily Renter Donation-Building Fund Donation- 10.00 Sales Receipt 11/142013 Kiatte, Ernest Donation - Building Fund Donation - 15,000.00 Invoice 11252013 14444 Chaparrc, Ricardo Donation - Building Fund Donation. 120.00 Sales Receipt 12/0712013 Blumenkrantz, Susan Donation - Building Fund - Bathroon 250.00 Sales Receipt 12/112013 Hourly - Daily Renter Donation-Building Fund Donation- 30.00 General Journal 121312013 2013-12 Brian Sweet Brian Sweet -Moved to the fund for i 11160.00 Deposit 0121/2014 Schulein, Mark bathroom remodel 250.00 Sales Receipt 02/182014 Lincoln, Stephen Donation-Building Fund Donation- 5,000.00 Sales Receipt 02/242014 Schwab Charitable Fund Donations made towards Dock imprc 5,000.00 Sales Receipt 03/08/2014 Hourly - Daly Renter Donation - Building Fund Donation - 40.00 Sales Receipt 03/122014 Hourly - Daily Renter Bathroom Donation Bathroom Dona 100.00 Sales Receipt 03/20/2014 Imua Outrigger Bathroom Donation Bathroom Dona 1,000.00 Sales Receipt 03242014 Brand, Nall Bathroom Donation Bathroom Dona 50.00 Sales Receipt 03252014 Lawrence, Amy and Robert Bathroom Donation Bathroom Dona 100.00 Sales Receipt 03/252014 Holbrook, Annette Bathroom Donation Bathroom Dona 1,000.00 Sales Receipt 031252014 Nichols, Cindy Bathroom Donation Bathroom Dona 100.00 Sales Receipt 03/25/2014 Duddy, EVE Bathroom Donation Bathroom Dona 500.00 Sales Receipt 03252014 Conwell, Ginger Bathroom Donation Bathroom Dona 30.00 Sales Receipt 03/252014 Bustany, Kelly Bathroom Donation Bathroom Dona 200.00 Sales Receipt 0325/2014 McLoughlin, Nancy Bathroom Donation Bathroom Dona 100.00 Sales Receipt 03252014 Longmore-Grund, Rhonda Bathroom Donation Bathroom Dona 200.00 Sales Receipt 03252014 Rappaport, Janet Bathroom Donation Bathroom Dona 1,000.00 Sales Receipt 0325/2014 Hollister, Christine Bathroom Donation Bathroom Dona 100.00 Sales Receipt 03252014 Cowles, Deborah Bathroom Donation Bathroom Dona 500.00 Sales Receipt 03/25/2014 Sims, Dennie Janet Bathroom Donation Bathroom Dona 100.00 Sales Receipt 0325/2014 McCormick, Holly Bathroom Donation Bathroom Dona 5,000.00 Sala. Receipt 03/252014 Raab, Jeanine Bathroom Donation Bathroom Dona 100.00 Sales Receipt 03252014 Clayton, Nancy Bathroom Donation Bathroom Dona 60.00 Sales Receipt 03252014 Teaford, Marsha Bathroom Donation Bathroom Dona 500.00 Sales Receipt 03/252014 Siren, Sarah Bathroom Donation Bathroom Dona 100.00 Sales Receipt 03/25/2014 Hay, Linda Bathroom Donation Bathroom Dona 11000.00 Sales Receipt 04/072014 Zeller, VNlliam Bathroom Donation Bathroom Dona 100.00 Sales Receipt 04/072014 Kunze, Chris Bathroom Donation Bathroom Dona 50.00 Sales Receipt 04107/2014 Dobbs, Mike Bathroom Donation Bathroom Dona 200.00 Sales Receipt 04/072014 Bushong, Toni Bathroom Donation Bathroom Dona 1,000.00 Sales Receipt 04/082014 Spoto, Maddie Bathroom Donation Bathroom Dona 20.00 Sales Receipt 04108/2014 Czepiel, Mark Bathroom Donation Bathroom Dona 200.00 Sales Receipt 04/0812014 Thompson, Kelly-C Bathroom Donation Bathroom Dona 30.00 Sales Receipt 04/092014 Sprenger, Michael Bathroom Donation Bathroom Dona 25.00 Sales Receipt 04/092014 Brownlee, John Bathroom Donation Bathroom Dona 500.00 Sales Receipt 04/09/2014 Choumas, Jackie Bathroom Donation Bathroom Dona 300.00 Sales Receipt 04/1012014 Kead, Jackson Bathroom Donation Bathroom Dona 100.00 Sales Receipt 04/10/2014 Batstona, Angus Bathroom Donation Bathroom Dona 50.00 Sales Receipt 04/102014 Chaparro, Ricardo Bathroom Donation Bathroom Dona 500.00 Sales Receipt 04/102014 Corliss Jr., Samuel B. Bathroom Donation Bathroom Dona 5,000.00 Sales Receipt 04/112014 Halvorson, Olaf M. Bathroom Donation Bathroom Dona 500.00 Sales Receipt 04/112014 Paez, Fabian _1 Bathroom Donation Bathroom Dona 300.00 Sales Receipt 04/112014 Stephenson, William Bathroom Donation Bathroom Dona 150.00 Sales Receipt 04/112014 Leis, Matthew Bathroom Donation Bathroom Dona 25.00 Sales Receipt 04/112014 Durgan, Dennis Bathroom Donation Bathroom Dona 200.00 Sales Receipt 04/112014 Cassidy, Robert and Linda Bathroom Donation Bathroom Dona 500.00 Sales Receipt 04/112014 Lane, Andrea Donation -Bathroom Remodel Bath 38.82 Sales Receipt 04/142014 Wld, Bonita Bathroom Donation Bathroom Dona 50.00 Sales Receipt 04/14/2014 Kwok, Jan Bathroom Donation Bathroom Dona 200.00 Sales Receipt 04/142014 Reinika, Douglas Bathroom Donation Bathroom Dona 208.00 Sales Receipt 04/142014 Van Cleave, J Bathroom Donation Bathroom Dona 50,000.00 Sales Receipt 04/14/2014 Hourly - Daily Renter Bathroom Donation Bathroom Dona 15.00 Sales Receipt 04/152014 Hemmens, Patrick & Deanne Bathroom Donation Bathroom Dona 200.00 Sales Receipt 0411512014 Skinner, Susan Bathroom Donation Bathroom Dana 500.00 Sales Receipt 04/15/2014 Wolfe, Ryan Bathroom Donation Bathroom Dona 100.00 Sales Receipt 04/15/2014 Blumenkrantz, Susan Bathroom Donation Bathroom Dona 500.00 Sales Receipt 04/15/2014 Budd, Michael Bathroom Donation Bathroom Dona 500.00 Sales Receipt 04/15/2014 Mowrey, Mark Bathroom Donation Bathroom Dona 100.00 Sales Receipt 04/16/2014 Gladych, Ryles Bathroom Donation Bathroom Dona 500.00 Sales Receipt 04/16/2014 Kearns, Randy Bathroom Donation Bathroom Dona 300.00 Sales Receipt 04/16/2014 Kim, Joanne Bathroom Donation Bathroom Dona 200.00 Sales Receipt 04/162014 Monroe, David Michael Bathroom Donation Bathroom Dona 110.00 Sales Receipt 04/16/2014 Houdy - Daily Renter Bathroom Donation Bathroom Dona 5.00 Sales Receipt 04/16/2014 Blank, Chris Bathroom Donation Bathroom Dona 200.00 Sales Receipt 04/172014 Houdy - Daily Renter Bathroom Donation Bathroom Dona 5.00 Sales Receipt 04/17/2014 Hickson, Holland Bathroom Donation Bathroom Dona 500.00 Sales Receipt 04/172014 McPherson, Alexander Bathroom Donation Bathroom Dona 200.00 Sales Receipt 04/172014 Weidhaas, Susan Bathroom Donation Bathroom Dona 200.00 Sales Receipt O4/18/2014 Orange County's United Way Bathroom Donation Bathroom Dona 500.00 Sales Receipt 04/21/2014 Silver, Michael Bathroom Donation Bathroom Dona 1,000.00 Sales Receipt 04W12014 Netzer, Ellen and Jim Bathroom Donation Bathroom Dona 500.00 Sales Receipt 0421/2014 Weber, James Bathroom Donation Bathroom Dana 200.00 Sales Receipt 04/21/2014 Clark, Gloria Bathroom Donation Bathroom Dona 100.00 Sales Receipt 0422/2014 Ikemori, Gordon Bathroom Donation Bathroom Dona 200.00 Sales Receipt 04/22/2014 lo8rida, Sara Donation - Bathroom Remodel Bath 200.00 Sales Receipt 0422/2014 Mintz, Stan Bathroom Donation Bathroom Dona 200.00 Sales Receipt 04/23/2014 Rich, David Donation - Bathroom Remodel Bath 200.00 Sales Receipt 04/23/2014 Matter, Charles Donation - Bathroom Remodel Bath 200.00 Sales Receipt 04/23/2014 Carpenter, Jillian Donation - Bathroom Remodel Bath 500.00 Sales Receipt 04/232014 Hourly - Daily Renter Donation- Bathroom Remodel Bath 10.00 Sales Receipt 0424/2014 Kramer, Evan Donation- Bathroom Remodel Bath 100.00 Sales Receipt 04/24/2014 Clemence, Max Donation - Bathroom Remodel Bath 1,000.00 Sales Receipt 04/24/2014 Sanchez, Antonio Donation- Bathroom Remodel Bath 500.00 Sales Receipt 04/282014 Van Duinen, Roger Donation- Bathroom Remodel Bath 200.00 Sales Receipt 04/30/2014 Masakl, Jell Donation - Bathroom Remodel Bath 200.00 Sales Receipt 05/01/2014 Skinner, Sam Donation- Bathroom Remodel Bath 200.00 Sales Receipt 0 5101 /2 01 4 Klein, Dora Donation- Bathroom Remodel Bath 500.00 Sales Receipt 05/02/2014 Johnson, Dan Donation - Bathroom Remodel Bath 200.00 Sales Receipt 05/022014 Rudinica, Elizabeth Donation - Bathroom Remodel Bath 40.00 Sales Receipt 05/05/2014 Gaetano, Carol Donation -Bathroom Remodel Bath 50.00 Sales Receipt 05/06/2014 Pynchon, Ed Donation- Bathroom Remodel Bath 25.00 Sales Receipt 05/062014 Reichens[ein, WIlie and Elizabe Donation - Bathroom Remodel Bath 200.00 Sales Receipt 05/06/2014 Grant ll, William Donation- Bathroom Remodel Bath 25,000.00 Sales Receipt 05/08/2014 Grant, Harrison Donation - Bathroom Remodel Bath 250.00 Sales Receipt 05/092014 Bridge, Ethan Donation - Bathroom Remodel Bath 500.00 Sales Receipt 05/09/2014 Johnson, Mike C. Donation -Bathroom Remodel Bath 250.00 Sales Receipt 05/10/2014 Agee, Greg Donation - Bathroom Remodel Bath 500.00 Sales Receipt 05/1112014 Hourly - Daily Renter Donation- Bathroom Remodel Bath 5.00 Sales Receipt 05/112014 Hourly - Daily Renter Donation- Bathroom Remodel Bath 5.00 Sales Receipt 05/12/2014 Baker, Dennis Donation -Bathroom Remodel Bath 1,000.00 Sales Receipt 05/12/2014 Colosimo, Joseph Donation - Bathroom Remodel Bath 150.00 Sales Receipt 05/142014 Houdy - Daily Renter Donation- Bathroom Remodel Bath 1,500.00 Sales Receipt 05/14/2014 Swigart, Jay Donation - Bathroom Remodel Bath 50.00 Sales Receipt 05/16/2014 Thompson, Bruce Donation - Bathroom Remodel Bath 505.00 Sales Receipt 05116/2014 Barker, Scott Donation -Bathroom Remodel Bath 1,000.00 Sales Receipt 05/16/2014 Ovadia, Jackie and Ran Donation - Bathroom Remodel Bath 25.00 Sales Receipt 05/162014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 65.00 Sales Receipt 05/172014 Hourly - Daily Renter Donation- Bathroom Remodel Bath 20.00 Sales Receipt 05/19/2014 Nichols, Cindy Donation -Bathroom Remodel Bath 500.00 Sales Receipt 05/192014 Chung, Patricia Donation - Bathroom Remodel Bath 150.00 Sales Receipt 051192014 McGinnis, Renee Donation - Bathroom Remodel Bath 500.00 Sales Receipt 0 512 312 01 4 AA Meeting Sat Donation - Bathroom Remodel Bath 300.00 Sales Receipt 05/27/2014 Muir, Diane Donation - Bathroom Remodel Bath 25.00 Sales Receipt 05272014 Damirichi, Cyrus Donation - Bathroom Remodel Bath 50.00 Sales Receipt 05272014 Singleton -McKay, Barbara Donation - Bathroom Remodel Bath 25.00 Sales Receipt 05/27/2014 Robertson, Bruce Donation - Bathroom Remodel Bath 25.00 Sales Receipt 05272014 Muir, Diane Donation -Bathroom Remodel Bath 275.00 Sales Receipt 05272014 Echevers, Belinda Donation - Bathroom Remodel Bath 25.00 Sales Receipt 05/272014 Agostino, Aloa Donation - Bathroom Remodel Bath 25.00 Sales Receipt 0527/2014 Kimmel, Barbara Donation - Bathroom Remodel Bath 25.00 Sales Receipt 05272014 Goodman, Joseph Donation - Bathroom Remodel Bath 25.00 Sales Receipt 05272014 St Georg., Ed Donation - Bathroom Remodel Bath 20.00 Sales Receipt 05/27/2014 Lopez, Dena Donation - Bathroom Remodel Bath 25.00 Sales Receipt 0528/2014 Garvey, Mike Donation - Bathroom Remodel Bath 160.00 Sales Receipt 06/022014 Houdy - Daily Renter Donation- Bathroom Remodel Bath 3.00 Sales Receipt 06/032014 Rudinica, Elizabeth Donation - Bathroom Remodel Bath 100.00 Sales Receipt 08/05/2014 Pawluk, Bill Donation -Bathroom Remodel Bath 1,000.00 Sales Receipt 06/06/2014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 165.00 Sales Receipt 06/072014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 130.00 Sales Receipt 06/082014 Hourly - Daily Renter Donallon - Bathroom Remodel Bath 20.00 Sales Receipt 06/10/2014 Lofgren, Esther Donation -Bathroom Remodel Bath 50.00 Sales Receipt 061132014 Cole, Kimberly Donation - Bathroom Remodel Bath 1,000.00 Sales Receipt 06/162014 Schulem, Mark -1 Donation - Bathroom Remodel Bath 2,500.00 Sales Receipt O6/182014 Simsek, Omar Donation - Bathroom Remodel Bath 1,000.00 Sales Receipt 06/192014 Wheeter, Thomas Donation -Bathroom Remodel Bath 200.00 Sales Receipt 06212014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 120.00 Sales Receipt 06232014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 5.00 Sales Receipt 06/23/2014 Beek, Jean and Allan Donation- Bathroom Remodel Bath 1,000.00 Sales Receipt 06/23/2014 Clarkson, Jim Donation - Bathroom Remodel Bath 200.00 Sales Receipt 06/302014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 5.00 Sales Receipt 07/012014 Collins, Wiliam Donation -Bathroom Remodel Bath 100.00 Invoice 07/0712014 16870 Hoffman, Kenneth Donation- Bathroom Remodel Bath 65.00 Sales Receipt 07/10/2014 Russell, Elizabeth Donation - Bathroom Remodel Bath 200.00 Sales Receipt 071102014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 300.00 Sales Receipt 07/182014 Chadwell, Kristen Donation -Bathroom Remodel Bath 500.00 Sales Receipt 07/212014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 20.00 Sales Receipt 08/01/2014 Newport- Irvine Rotary Foundal Donation- Bathroom Remodel Bath 1,300.00 Sales Receipt 08/142014 Giding, David Donation - Bathroom Remodel Bath 150.00 Sales Receipt 08/152014 Spire Structural Eng. Donation - Bathroom Remodel Bath 1,000.00 Invoice 08/20/2014 17843 Caldwell, Phillip Donation - Bathroom Remodel Bath 100.00 Sales Receipt 0823/2014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 20.00 Sales Receipt 08292014 Harden, Guy Donation - Bathroom Remodel Bath 200.00 Sales Receipt 09/06/2014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 100.00 Sales Receipt 08/09/2014 Hourly - Daily Renter Donation- Bathroom Remodel Bath 29.00 Sales Receipt 09/13/2014 Houdy - Daily Renter Donation- Bathroom Remodel Bath 100.00 Sales Receipt 10/142014 Smith, Daniel _t Donation - Bathroom Remodel Bath 500.00 Sales Receipt 101172014 Ikemod, Gordon Donation - Bathroom Remodel Bath 500.00 Sales Receipt 10/182014 Houdy - Dally Renter Donation- Bathroom Remodel Bath 5.00 Sales Receipt 10/20/2014 bartleson, clave Donation - Bathroom Remodel Bath 25.00 Sales Receipt 10212014 City of Newport Beach_? Donation - Bathroom Remodel Bath 25,000.00 Sales Receipt 1026/2014 Hourly - Dally Renter Donation - Bathroom Remodel Bath 50.00 Sales Receipt 10272014 The Caruso Family Foundation Donation - Bathroom Remodel Bath 25,000.00 Sales Receipt 11104/2014 Hall, Harold Donation - Bathroom Remodel Bath 50.00 Sales Receipt 11/042014 Czerwin, Tamara Donation - Bathroom Remodel Bath 1,500.00 Sales Receipt 11/1512014 Half, Jonathan Donation - Bathroom Remodel Bath 100.00 Sales Receipt 11/172014 Van Cleave, J Donation - Building Fund Donation - 100,000.00 Sales Receipt 11222014 Hourly - Daily Renter Donation- Bathroom Remodel Bath 20.00 Sales Receipt 11242014 Hourly - Daily Renter Donation- Bathroom Remodel Bath 15.00 Sales Receipt 11242014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 15.00 Sales Receipt 11292014 Fortes, Andrea Donation- Bathroom Remodel Bath 200.00 Sales Receipt 12/042014 Hourly - Daily Renter Donation- Bathroom Remodel Bath 50.00 Sales Receipt 12/15/2014 Hourly - Daily Renter Donation - Bathroom Remodel Bath 20.00 Sales Receipt 12115/2014 Chadwell, Kristen Donation - Bathroom Remodel Bath 500.00 Sales Receipt 12/16/2014 Simsek, Omar Donation - Bathroom Remodel Bath 97.50 Sales Receipt 12/1712014 Perldns, Michael Donation- Bathroom Remodel Bath 50.00 Sales Receipt 12/19/2014 Krueger, James Donation - Bathroom Remodel 5,000.00 General Journal 12131/2014 Acct Change The Caruso Family Foundation Donation was supposed to he split- -15,000.00 Sales Receipt 01 /0 212 01 5 Collins, Greg Donation - Bathroom Remodel 250.00 Sales Receipt 01/05/2015 School Split Pays, Inc Donation - Bathroom Remodel 1,856.52 Sales Receipt 01/19/2015 Riordan, Patrick Donation -Bathroom Remodel 200.00 Sales Receipt 01/23/2015 Newport- Irvine Rotary Foundal Donation- Bathroom Remodel 1,000.00 Sales Receipt 0123/2015 Boman, Morgan Donation - Bathroom Remodel 500.00 Sales Receipt 012412015 Hourly - Daily Renter Donation - Bathroom Remodel Bath 20.00 Sales Receipt 02/04/2015 Hourly - Daily Renter Donation - Bathroom Remodel Bath 5.00 Sales Receipt 03/202015 Schumaker, James Donation - Bathroom Remodel Bath 25.00 Sales Receipt 0321/2015 Hourly - Daily Renter Donation- Bathroom Remodel Bath 10.00 Sales Receipt 03121/2015 Hourly - Daily Renter Donation - Bathroom Remodel Bath 20.00 Sales Receipt 04/06/2015 Community Veterinary Hospital Donation - Bathroom Remodel Bath 60,000.00 Sales Receipt O4/08/2015 Foster, Rhonda and Marc Donation - Bathroom Remodel Bath 2,000.00 Sales Receipt 04/09/2015 Houdy - Daily Renter Donation- Bathroom Remodel Bath 20.00 Sales Receipt 0 510 912 01 5 Hourly - Daily Renter Donation - Bathroom Remodel Bath 8.00 Sales Receipt 05/2012015 Cohen, Daniel Donation - Bathroom Remodel Bath 50.00 Sales Receipt 06/08/2015 Hourly - Daily Renter Donation- Bathroom Remodel Bath 20.00 Sales Receipt 06/15/2015 Hourly - Daily Renter Donation - Bathroom Remodel Bath 19.00 Sales Receipt O6/20/2015 Streit, Daniel Donation -Bathroom Remodel Bath 100.00 Sales Receipt 06/29/2015 Hourly - Daily Renter Donation - Bathroom Remodel Bath 20.00 Sales Receipt 07/16/2015 Hourly - Daily Renter Donation- Bathroom Remodel Bath 45.00 Sales Receipt 12/092015 Counter Sales Donation- Bathroom Remodel 5.00 Sales Receipt 03/31/2016 Hourly - Daily Renter Donation -Building Fund Donation- 0.00 Sales Receipt 05/16/2016 Grant II, William Donation - Bathroom Remodel 3,000.00 Total Building Fund Donations 423,280.84 CO DM CoAl c ----------- 7z) 9-10tv . .... ... .... WLIY Z3- S g7�X Avw1vn4,1xz, . . . . . . . . . . . . __ LSL�P_ P'nvM M -Y _ l�vo_o � l u�- Com' - -- - --------- ----------- -- or �e- S�QIotiI Tv ale -Ails Alm- r-4-- OF S __ � 1) AMS AN,?� --- -------- -4 1---.- -- -1 - ---- - � �oN� --A7 (�_ 6-v-" .... . . . . . . . . . ).Ar )26)�) 6S7A .�- 6r �-77 .0 Ao ��. �uon,t0 .7Q.-QLJ 1. �v,�-�,o�c�i _. Qvr o r o ole- ---- - --- ------ 'Icsc��s�e fl�Y TV sv�o ,rTNr�+� � 00,1V ,/�'��v� li'1�, i2GC�I2� /`�v'�Scati C `�cv'N✓y ..... _............ _ ... . V�CG- j��'i� FT(�. -AY F-77 Lvc�y � 7A47 yu �Du Alt,tll�InlC bmav Ate TV (2) Le �N � 5Cl��bLs IIt�ICS f I7' var U1�1NC `; �� ige�C,O'S Cly/LJ�jZc-ti AAZ ER Lb -- - ff---A7- J0�W / �� AAZ ER Lb -- - ff---A7- Ci JZ��/-,J �06-06� -- lop ,., Attached are the key paragraphs of the CC&Rs. l have also underlined the phrase in the recently mailed memo that the board is using to justify not having to get a 75% approval. CO �J /Al"Ivy- You C A 1, - D iG� j l✓/�jCUN6� Ort. C�"J%1C, JS 114-L L^✓ IA) KS V� Attached are the key paragraphs of the CC&Rs. 1 have also underlined the phrase in the recently mailed memo that the board is using to justify not having to get a 75% approval. LTJ (g) Rebuilding or reconstruction of Common Area, and improvements thereon, in the event of damage or destruction. (h) Rights of use to and in the Common Area; {i} Any provisions, which b,: its terms, is specifically for the benefit of first mortgages, or specifically confers rights on first mortgages. (a) By act or omission to seek to abandon or terminate the condominium project, except for abandonment provided by statute in case of substantial loss to the Units, and Common Area; (b) To chaiige the method of determining the obligations, assessments, dues or other charges which may be levied against aii Owner, or to change the pro rata interest or obligations of any Condominium for purposes of levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or for determining the pro rata share of ownersWp of each Ox ner in the C'ominon Area; (c) To partition or subdivide any Unit; (d) By act or oinission to seek to abandon, partition, subdivide. encumber, sell or transfer the Common Area. The granting of easements for public utilities or for other public proposes consistent with the intended use of the Common Area by the Association, or the Owners shall not be deemed to be a transfer within the meaning of this clause. (e) To use hazard insurance proceeds for losses to Units or Common Area improvements in the development, or to any other Association property, for other than the repair, replacement or reconstruction of such improvements or property except as provided by statute in case of substantial loss to the Units or Common Area of the development; (t) h, _ architectural design or control of the exterior appearance o� stn ctures in the development fences .��-,, or the -: =� upkeep of lawns and plantings in the development. When Recorded Return To: Belcourt Park Homeowners Association c/o Hickey & Petchul, LLP 114 Pacifica, Suite 340 Irvine, Ca 92618 Recorded in Official Records, Orange County Torn Daly, Clerk -Recorder 011111 1i 111191111111111177.00 2007000584454 02:24pm 09128/07 203 195 X123 58 0.00 0.00 0.00 0.00 171.00 0.00 0.00 0.00 AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR BELCOURT PARK HOMEOWNERS ASSOCIATION h Belcourt Park Homeowners Association BELCOURT DRIVE WALKWAY REPLACEMENT PROJECT To all Belcourt Park Homeowners: The long-awaited replacement of the five-foot wide Bomanite walkway, which circumscribes Belcourt Drive and is owned by the Master Association (MA) is finally close to reality. This replacement needed to resolve the significant safety hazards that exist because of its broken surface has been an effort of Belcourt Park Boards of Directors (BOD) for many years Your current BOD is working diligently to consummate the necessaryagreement between the MA and ---_.. _. the BP Homeowners Association (HOA's), and to resolve the legal and financial issues that necessarily exist in this complex matter. We appreciate your patience and understanding, and apologize for the lack of ongoing dialogue and explanations over this long process. However, we were because of the legal requirements of confidentiality when the Executive Committees of the HOA constrained function individually, or interact with one another. In the paragraphs below, we will attempt to explain "the project" so that you can reflect on what is being accomplished and make a decision on whether or not you might wish to have your own drivewa and walkways replaced at the same time as the project is performed, at a later date, or not at all! y PROJECT SUMMARY The five-foot Bomanite walkway will be completely removed and replaced with a grey brushed concrete walkway, identical to that which exists on the circular walkway adjacent to the pool, as well as adjacent to the home at 40 Belcourt Drive. This will result in a contiguous concrete band on Belcourt Drive, with the exception of where a homeowner extends the driveway to the street. The MA will continue to own the replaced walkway and to be responsible for its maintenance and indemnification, with the only exception to this as noted below: If a homeowner wishes to replace his/her driveway AND EXTEND IT THROUGH THE WALKWAY TO THE STREET, they may do so, so long as they satisfy the following requirements: I. Submit and obtain plan approval from the BP Architectural Review Committee (ARC) and the BOD. 2. Accept the maintenance/indemnity agreement with the MA associated with said walkway replacement, as well as the associated nominal costs (approximately $10o plus recording fees). if a homeowner only replaces the driveway and not the walkway, no such agreement with the MA will be required. However, the plans must be submitted to the Belcourt Park Architectural Committee and BOD for approval before the actual replacement can be initiated. 3. If the homeowner wishes to replace his/her driveway and bring it all the way to the street and wants to have the work performed at the same time as the overall project, proof of a contract between the homeowner and a licensed contractor that is acceptable to the BP BOD must be provided prior to the commencement of the project. This will obviate the need for creating the cement walkway in front of the driveway and then having to have it removed when the driveway is replaced. FINANCIAL The HOA's have agreed to split the cost of the project equally, with a maximum contribution of $60,000 from the MA. The BP portion will be paid from a combination of reserve and available cash funds, the percentages to be determined by the BOD. THERE WILL BE NO.ASSESSMENT ASSOCIATED WITH THIS PROJECT! Certain portions of the project as planned are separate from the MA/BP financial arrangement, such as the replacement of the equally -damaged Bomanite walkway on the west side of the Chatham Court entry, which is the responsibility of BP, as we, and not the master, owns it. Also, the status of the parking bays on Belcourt Drive as well as the damaged curbs (owned by the MA) is yet to be determined. APPLICATIONS As noted above, when a homeowner decides to proceed with a driveway replacement, WITH OR WITHOUT THE WALKWAY INCLUDED, an application to the BP ARC is required. However no separate application to the MA is necessary—BP will forward the approved application to the MA. CONTRACTORS We are in the process of determining which contractor to employ for the project. Each of the two finalists is a proven entity and capable of performing the work. As an additional incentive, each is offering --what -we - believe - is� -a ve _7Y. . reas0nable - cost" associated--witfi rep!acirig a Komeowner`s driveway/walkway SO LONG AS THAT IS PERFORMED SIMULTANEOUSLY WITH THE OVERALL PROJECT. Chatham Court homeowners interested in replacing their driveways and walkways may also take advantage of the contractor's very reasonable pricing, so long as it is performed simultaneously with the overall project. A homeowner is of course free to employ the contractor or their choice, so long as the company meets requirements associated with licensing, workers' compensation, bonding, etc. Any such contract will be between the homeowner and the contractor, independent of both the BP and MA HOA's. PROJECT TIMING Because of the complexity of the project, and in particular to allow enough time for homeowners to decide on whether they wish to replace their own driveway/walkway, we will have between seventy- five and ninety days -from now before work begins. That means starting demolition during the last weeks of September or at the latest October 1. By doing so we will also be assured of the project's completion prior to the Thanksgiving holiday. COMMUNITY MEETING/QUESTION AND ANSWER SESSION(S) We plan to have at least one and possibly two such sessions so that every homeowner will have the opportunity to meet, hear from, and question both the BOD as well as the contractor, Realizing that the summer is upon us and many of us are away on vacations, more than one such meeting necessary. Date(s) are being determined at this time and you will be promptly notified one they abre selected. Please take the time to read this somewhat lengthy notice, consider your own circumstances, and prepare questions that you might have these can be directed to any of the four members of the BP Executive Committee (Glenn Braunstein; Bennett Hirsch; Elliott Mercer; Loren Pannier) and/or saved for the community meeting. Thank you for your understanding and support of this project, which we firmly believe is important to the future of our Belcourt Park. THE BOARD OF DIRECTORS OF THE BELCOURT PARK HOMEOWNERS ASSOCIATION � s�ru Nc, COM,A.4 C) 0 ASA OuIL -VIS VIvm�U7E NO&V) A/4w)(/iK) " f Id. 0 INEFFECTIVE ASSISTANCE OF COUNSEL The Sixth Amendment to the United States Constitution states "[I]n all criminal prosecutions, the accused shall ... have the Assistance of Counsel for his defense." What that amendment actu- ally means has been the subject of several court cases that have reached the United State's Supreme Court. Ineffective assistance of counsel only applies to criminal actions. If you hire an attorney for a civil action (divorce, wills, bankruptcy, etc), this is not a viable argument if you think your attorney did not do a good job. HISTORY OF THE SUPREME COURT'S INTERPRETATION Until 1932, this constitutional right was interpreted to mean that a defendant was entitled to receive assistance of counsel, but only if he or she could afford to hire an attorney. Someone who could not afford counsel received no help from the government. In Powell v. Alabama, however, the Supreme Court first recognized that an indi- gent defendant was entitled to have counsel appointed if a capital crime was involved. In 1938, the Supreme Court extended the right to include the appointment of counsel in any federal prosecution. Then in Gideon v. Wainwright, a 1963 case, the Supreme Court decided that this right to assistance of counsel was applicable to state prosecutions as well. It is not enough for a defendant in a crinvnal action to be rep- resented by any attorney, however. The Supreme Court decided that implicit in the right to counsel was the defendant's entitlement to an attorney that would provide effective representation; someone 38 ATTORNEY RESPONSIBILITIES S CLIENT' RIGHTS ,`mss r' that would aid in assuring fairness in a necessarily adversarial _ Process. This means that a defendant has a right to an attorney who has the degree of competence demanded of attome s in gr p E Y criminal cases. 7 a, `- DETE RMINING EFFECTIVENESS �` f ` Whether an attorney has provided effective assistance of counsel in a criminal case is not based on whether the attorney has committed any errors in his or her representation of a defend ant. Instead ,itis based on a two-step test that `y was set forth by the Supreme Co•��it CourIn Strickland v. Washington, a 1984 case. According to this test, the defendant must first prove that the attorney s L{ was incompetent and second, that due to that incompetence, the defendants case ' " prejudiced. was .-.. :.. INCOMPETENCE In ineffective assistance of counsel cases, the test for incompetence is whether the lawyer's x I performance "fell below an objective standard of reasonableness." Reasonableness �- is based on professional standards at the time. The Supreme Court, by refusing to establish specific guidelines, left the issue of whether .w an attorney was incompetent to the judges' discretion. In fact, the Supreme Court specifically said that the judge should be very mindful of the attorney's role and avoid being an armchair quarterback. In effect, the Supreme Court was saying that we all know that hindsight is 20/20 and holding a lawyer to that standard would be unfair. The judge must then evaluate the a ttor- ney s conduct from the attorneys viewpoint wpoint at the time of the representation. It is, therefore, presumed that the attorney's conduct ~µ _ was correct and perhaps nothing more than sound trial strategy gone awry. It is up to the defendant _ to prove otherwise. PREJUDICE- The Supreme Court has ruled that the proper standard for measur- ing prejudice is whether it is reasonably probable that, but for the attorneys unprofessional errors, the trial's results would have been _ _ INEFFECTIVE ASSISTANCE OF COUNSEL 39 ial different. The question is then, were the lawyer's errors sufficient to ho weaken the reliance on the outcome of the case? - nal This does not mean that there was automatically prejudice where the attorney committed errors and the defendant lost the case. Instead, the judge is supposed to look at whether the trial's result was unfair. -_wed PROVING INEFFECTIVENESS t is The test to establish ineffective assistance of counsel is a difficult in one to pass. An extensive study made by. Professor James Liebman .he of Columbia University School of Law, A Broken System: Error Rates and in Capital Cases, 1973-1995, found that the overall rate of prejudi- Was cial error in capital cases was 68%. Courts found serious errors in nearly 7 out of every 10 of the capital cases reviewed. This study was undertaken at the request of the U.S. Senate Committee on the Judiciary and covered the years 1973-1995. Janet Reno, the United u . is States Attorney General at the time of the study stated, "Our sys- -_ -ard tem (of criminal justice) will work only if we provide every yards defendant with competent counsel." (It should be noted however, that another study shows that in reality, only about 25% of cases are pi_�-Ies, overturned on appeal.) Res' What does this mean in regards to proving an ineffective assis- the tance of counsel claim? It means that it is a very difficult standard i. _ ging to prove. The actions of your attorney, or in most cases the inaction, :.. -ing must be extreme and beyond reasonableness. Perfection or achiev- hat ing an acquittal is not required. mor- However, as recently as 2003, an Ineffective Assistance case = thereached the Supreme Court. This case, Wiggins v. Smith, affirmed -zuct the Strickland Standard, but did find that the attorney failed to act _one reasonably under the circumstances of that case. RECOGNIZING INEFFECTIVE ASSISTANCE OF COUNSEL Sur- It may sound absurd to say this in a self-help legal book, and espe- - the cially in a book about legal malpractice, but if you think you have _:een an ineffective assistance claim, you should consider talking to an 40 ATTORNEY RESPONSIBILITIES & CLIENT RIGHTS appellate attorney who specializes in criminal law. The reason for . D this is simple. This is a tricky area. Proving the two-step test is not easy. A qualified lawyer may be able to make arguments in your r` in favor that you may not have considered. Barring your ability or desire to consult another lawyer, if you, a , L friend or loved one is in a situation where a criminal conviction is Cf , L involved, follow the steps below to determine if you have any , 11: chance of advancing an ineffective assistance of counsel claim. These steps will not insure that you will prevail, but not following these e_ steps will probably mean failure. to Investigating whether or not you should pursue a claim will , D: require that you do the following. C _ s.: • Collect all relevant data. You must be thoroughly familiar with . T`; the case. You should ask for the entire trial record. This will • Deten include the clerk's and court reporter's transcripts; the court that clerk's file, and your former lawyer's file. If possible you will have to talk to your former lawyer about why he or she did or condo • Deter did not do certain things either in preparation for or during the can c; trial. It is important not to alienate your former lawyer. If you that -: do, he or she will probably be unwilling to talk to you. suint ♦ Determine if the information collected indicates that your for- assist_ mer lawyer was ineffective. You will at this point be required jail fe-, to apply the first step of the test. Was the lawyer's conduct on par with current standards for the average criminal trial attor- claim. For e� ney? This test does not require flawlessness or vast experience. other It just requires that he or she display reasonable conduct. titan= (Remember that courts will presume that a lawyer's actions fecti . were reasonable.) This following list may give you some guidance when trying Anot'r, to decide if your lawyer was incompetent. Usually`, a: • Did your attorney meet with you to discuss the case with- confident:: out delay and as often as necessary? telling an--. • Did your attorney= advise you of your rights promptly and accused c= take all necessary actions to preserve those rights? informat_ That infc. INEFFECTIVE ASSISTANCE OF COUNSEL 41 = • Did the attorney try to get you out on bail on your own recognizance pending trial or did he or she just let you sit ' :ter in jail for six months before trial? • Did the attorney make necessary motions for pretrial psy- chiatric examinations or try to have evidence suppressed? =' • Did your attorney investigate all defenses available to you? • Did the attorney interview all available witnesses? Did he ` or she try to discover all the information that the prosecu- tor or police had? • Did your lawyer make a tactical decision that no other competent criminal lawyer would have made in a similar situation? • Did the attorney volunteer information to the court that `= would be damaging to you? (A lawyer cannot do this.) ' ♦ Determine ifour lawyer's wyer's conduct prejudiced you. 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U it � '� � _ rA O Q! cc r- 00cd cc = c' Oo e. ° >o, cc N to to '341EdCdco oT v .Oto O M ca ccy f ' ec vi _ C o ~ N N cc O 4• Q O 4.+ w y .O .V 03 V �r ° -o on v O 4vJ .� A U ; 0 v 4-10 cn eo O .� '7 cd V V= o V O t. as QJ U r. O >+ O 4~ j to u � O -, p *' �+ N O v A. v " V3 4a cli Cd 41 ca o ti ca a ^U v o cc co to cc 4-1 cd cc V 4-1 CO 00 co EF-FCO2-R02-0614-30000311-1 Claude Parrish CAA-FCO2-REV.02{06-74) f j Orange County Assessor Civic Center Plaza, Building 11 Attn: Address Control Santa Ana, CA 92702-0628 (714) 8342939 (714) 8342565 (FAX) WWW, 0cgov.com/assessor HO EOW11Y'ERS' EXEMPTION TERMINATION NOTICE You must notify the Assessor whenever a property you own is no longer eligible fora # orneowners' Exemption. To avoid potential penalties, this must be done by December 10 th of the year in which the change occurs. You are entitled to a Homeowners' Exemption on one property in California. A property is eligible for a Homeowners' Exemption if you own aan occupy it as your primary residence on January .lst. A property is not eligible for an exeEtiption if it is rented, unoccupied, or used as a vacation or secondary home. Failure to notify f ie Assessor may result in escape assessments and/or penalties and interest for the exem;'Led taxes. I do not quaff for the Homeowners' Exemptiorran the property located at: Assessor Parcel Number: (Please Print) V) s q3g � - 77 CD Owner: -cQUAr Dn uNrr 3a First Name l Z Middle ease check the appropriate box below: X-1/we do not occupy the property as a principal residence as of (date): O 31This property is a rental, vacation or secondary home as of (date): ❑ I This property is vacant or unoccupied as of (date). ❑ Ilwe no longer own the property as of (date): ❑ The property owner is deceased. The date of death is (date): ❑ Ilwe have an exemption on another property in C&lifomia (address): ❑ Other reason and date of change: Current Nlaffi Address: 0, � Street Address ❑ This is my new primary residence. (3)O) 3L15 L/677 Daytime Phone Number N/A Email Civic Center Plaza, Building 11 625 N. Ross Street, Room 142 P. 0. Box 628 Santa Ana, CA 92702-0628 April 30, 2018 939-630-77 HX FARSAI, RYAN R PO BOX 508 1330 W MAIN ST SHERIDAN, OR 97378 ESTABLISHED 1889 OFFICE OF THE ASSESSOR SUBJECT: Assessor Parcel Number: 939-630-77 CLAUDE PARRISH COUNTY ASSESSOR Telephone: (714) 834-3821 FAX: (714) 834-2565 www.ocqov.com/assessor Property Address: 52 BELCOURT DR NORTH, UNIT 32, NEWPORT BEACH The Homeowners' Exemption on the above property has been terminated in Orange County as of 10/31/2017. Claimant Name: FARSAI, RYAN R Comments: If you have any questions, please call our office at (714) 834-3821. Sincerely, CLAUDE PARRISH County Assessor By Exemptions Division A002-994 (R 12/14) Aviv is SHOVU) cv 60vk� yc)�) pic wIld b -V6 AA) PRINCESS 'F-\IINCESS MUNDO IMPERIAL 'RIVIERA DIAMANTE- os:era de las Palmas s/n -cionCaPui o. Guerrero. del Marquez, [� ��.:.a(J t.11CO3 Guerrero. �}�`+ CP 39890 -52 (744) 469 10 00 j Qv )YL Tb -1; � Y�v A -T -T ftNo ew%- 6)o 4cf-I S4 0 U -S f MINv isS rp Y& MLVC Siw -v/A' j 1 IN oF -41 3�)- &-L (-c)vlcT QDC, h%�Y fill+ -10 i Alt IhN 01LL�j GNU rf,NAN6I4 L oq�� yw"- ()I<- 1, aN rxn)� M o�4v " T LI�Ca9tiL Y Koh- NAMO �rN9 APdftvsl 21-) LJ41LIT� ff--- --11 l vx� vvprincessmundoimperial.com r BELCOURT PARK HOMEOWNERS ASSOCIATION May 22, 2018 RYAN R. FARSAI Account Number: C184-00032-2 1330 W Main Street Sheridan, OR 97378 Re: NOTICE OF HEARING RESULTS — 52 Belcourt Drive, Newport Beach, CA 92660 Failure to abate nuisance regarding Ficus Tree Damage to drainage Dear Mr. Farsar The Board of Directors for the BELCOURT PARK HOMEOWNERS ASSOCIATION met for the disciplinary hearing on May 8, 2018. They Board determined that you are in violation of the Association's governing documents for failure to abate a nuisance. The Board has imposed a fine of One Hundred Fifty Dollars ($150.00) according to the fine schedule. This fine will appear on your next monthly assessment statement. As you are aware, a ficus tree in your courtyard is invading the Association's drainage lines below the surface of your courtyard. These drainage lines are critical to proper drainage of the Association's common areas and lead to the street. The ficus roots have clogged the drainage and cause flooding and damage to common areas. The continued existence of the ficus tree is creating a nuisance in that the roots will continue to invade and clog the drainage line. Pursuant to Section 3.5 of the CC&Rs, no Owner may do anything that may become an annoyance or a nuisance to common area or other residents. If you continue to fail to abate this nuisance, additional hearings and discipline will likely be imposed. If you have any questions, please contact me at (949) 372-4043 or via email at alopez@powerstonepm.com. At the direction of the Board, Sincerely, M t l -w 0.6 Om Aly Lopez, CMCA PowerStone Property Management BELCOURT PARK HOMEOWNERS ASSOCIATION cc: File/Board of Directors PowerStone Property Management * 9060 Irvine Center Drive, #200, Irvine, CA 92618" (949) 716-3998 * FAX (949) 716-3999 TO RYAN FARSAI: THANK YOU FOR YOUR SUPPORT OF OUR GREAT UNIVERSITY. WERE VERY PROUD OF OUTY INSTITUTION, PARTICULARLY HOW WELL WE`VE PROTECTED OUR FEMALE STUDENTS FROM SEXUAL PREDATORS OVER THE YEARS. �15 �� Nie 'wA3 tr4Yri fc"ki MoH'Ddy �jgrr �j 0-1- IN sfuLT oe--1p�►,�s� cam' BELCOURT PARK HOMEOWNERS ASSOCIATION ARCHITECTURAL COURTESY NOTICE June 5, 2018 RYAN R. FARSAI 1330 W Main St Sheridan OR 97378 Dear Homeowner: BELCOURT PARK HOMEOWNERS ASSOCIATION was developed as a planned community to ensure that your property value remains at the highest possible level and that both the aesthetic appearance and general ambiance of the community meets a consistently high standard. With those goals in mind, a set of Rules and Restrictions was adopted which apply to every resident of the community. The Board of Directors has been empowered by the CC&R's of the Association to enforce these Rules and Restrictions. Following a recent walk-through of the community, it is being requested that you please repair the rear gate and replace the missing bricks. Should you need an architectural application, please visit the website at belcourtpark.powerstonepm.com to obtain a copy. We appreciate your response in resolving this issue within forty-five (45) days from the date of this notice. Failure to comply may result in a fine(s) being assessed to your account. If you have any questions or consider that this letter has been sent to you in error, please contact me at (949)535-4509. Sincerely, On Behalf of the Board of Directors Aly Lopez, CMCA® Powerstone Property Management BELCOURT PARK HOMEOWNERS ASSOCIATION Cc: Board of Directors CD N 10,OCF�Tl�G�1_.--�-�P__vl17lJ&� -- ---- -- ----- ..... ODA ..... ... ... (OUXLT- 110 Ult- A 00 ---------- --- - - ------- ------- � _�o� �,,,..... .... . - ----- --- --- - - ----- L) Lj I tB ----------- IE Iva --- ------- -- ---- OA-) Vii. t��e - pee w �� c . r-- �� _ � ---------- - - ----`r-------------�-------------'�----��+----=�+~+�_�-�-^____-�'�__�--__--_ -- - --- --------------- ______-�� ' _----------- '--- -- _ _ ___ -^ `~ � JVS --_ -_-____ - -_ ' ---- -------------- 79 I J� V C� 1`�.L _ A�J.PAI)_ k's sov Siff- ��W�V4 ... .... ------ A M, � � Em- ---- ------ - --- 77 - ----- ---- w LUM WN1C�. w4'S �.G��Z�2L1� __�tbv�f �5 (OA) .......... TE, _OA) T 4F ---------- - ---------__ _ C-- - ____�� _ _ __ _ -_ _ - - ---- ------ - -------- Lv . ............ ----- ---- ------- bF _�'"'�-� __l-�'' ___ � . __.�w�0 (�U � y_J �l__1 Nis -77 - - - --------- - --------- ---- ------ PIS7XICT --�-Tbi�,� c� �P�i �_ 0��JN/73' c c — -- ------- BELCOURT DRIVE WALKWAY REPLACEMENT PROJECT To all Belcourt Park Homeowners: The long-awaited replacement of the five-foot wide Bomanite walkway, which circumscribes Belcourt Drive and is owned by the Master Association (MA) is finally close to reality. This replacement needed to resolve the significant safety hazards that exist because of its broken surface has been an effort of Belcourt Park Boards of Directors (BOD) for many years Your current BOD is working diligently to consummate the necessary agreement between the,.MA and the BP Homeowners Association (HOA's), and to resolve the legal and financial issues that necessarily exist in this complex matter. We appreciate your patience and understanding, and apologize for the lack of ongoing dialogue and explanations over this long process. However, we were constrained because of the legal requirements of confidentiality when the Executive Committees of the HOA's function individually, or interact with one another. In the paragraphs below, we will attempt to explain "the project" so that you can reflect on what is being accomplished and make a decision on whether or not you might wish to have your own driveway and walkways replaced at the same time as the project is performed, at a later date, or not at alll PROJECT SUMMARY The five-foot Bomanite walkway will be completely removed and replaced with a grey brushed concrete walkway, identical to that which exists on the circular walkway adjacent to the pool, as well as adjacent to the home at 40 Belcourt Drive. This will result in a contiguous concrete band on Belcourt Drive, with the exception of where a homeowner extends the driveway to the street. Belcourt Park will select the contractor, supervise and be responsible for the performance of work, and will be licensed to do so, by the MA. The MA will continue to own the replaced walkway and to be responsible for its maintenance and indemnification, with the only exception to this as noted below: If a homeowner wishes to replace his/her driveway AND EXTEND ITTHROUGH THE WALKWAY TO THE STREET, they may do so, so long as they satisfy the following requirements: 1. Submit and obtain plan approval from the BP Architectural Review Committee (ARC) and the BOD. 2. Accept the maintenance/indemnity agreement with the MA associated with said walkway replacement, as well as the associated nominal costs (approximately $100 plus recording fees). if a homeowner only replaces the driveway and not the walkway, no such agreement with the MA will be required. However, the plans must be submitted to the Belcourt Park Architectural Committee and BOD for approval before the actual replacement can be initiated. 3. If the homeowner wishes to replace his/her driveway and bring it all the way to the street and wants to have the work performed at the same time as the overall project, proof of a contract between the homeowner and a licensed contractor that is acceptable to the BP BOD must be provided prior to the commencement of the project. This will obviate the need for creating the cement walkway in front of the driveway and then having to have it removed when the driveway is replaced. FINANCIAL The HOA's have agreed to split the cost of the project equally, with a maximum contribution of $60,000 from the MA. The BP portion will be paid from a combination of reserve and available cash funds, the percentages to be determined by the BOD. THERE WILL BE NO ASSESSMENT ASSOCIATED WITH THIS PROJECT! Certain portions of the project as planned are separate from the MA/BP financial arrangement, such as the replacement of the equally -damaged Bomanite walkway on the west side of the Chatham Court entry, which is the responsibility of BP, as we, and not the master, owns it. Also, the status of the parking bays on Belcourt Drive as well as the damaged curbs (owned by the MA) is yet to be determined. APPLICATIONS As noted above, when a homeowner decides to proceed with a driveway replacement, WITH OR WITHOUT THE WALKWAY INCLUDED, an application to the BP ARC is required. However no separate application to the MA is necessary ----BP will forward the approved application to the MA. CONTRACTORS We are in the process of determining which contractor to employ for the project. Each of the two finalists is a proven entity and capable of performing the work. As an additional incentive, each is offering what we believe is a veiy reasonable -cost associated with" replacing a homeowner's driveway/walkway SO LONG AS THAT IS PERFORMED SIMULTANEOUSLY WITH THE OVERALL PROJECT. Chatham Court homeowners interested in replacing their driveways and walkways may also take advantage of the contractor's very reasonable pricing, so long as it is performed simultaneously with the overall project. A homeowner is of course free to employ the contractor or their choice, so long as the company meets requirements associated with licensing, workers' compensation, bonding, etc. Any such contract will be between the homeowner and the contractor, independent of both the BP and MA HOA's. ,y PROJECT TIMING Because of the complexity of the project, and in particular to allow enough time for homeowners to decide on whether they wish to replace their own driveway/walkway, we will have between seventy- five and ninety days from now before work begins. That means starting demolition during the last weeks of September or at the latest October 1. By doing so we will also be assured of the project's completion prior to the Thanksgiving holiday. COMMUNITY MEETING/QUESTION AND ANSWER SESSION(S) We plan to have at least one and possibly two such sessions so that every homeowner will have the opportunity to meet, hear from, and question both the BOD as well as the contractor. Realizing that the summer is upon us and many of us are away on vacations, more than one such meeting might be necessary. Date(s) are being determined at this time and you will be promptly notified once they are selected. Please take the time to read this somewhat lengthy notice, consider your own circumstances, and prepare questions that you might have -----these can be directed to any of the four members of the BP Executive Committee (Glenn Braunstein; Bennett Hirsch; Elliott Mercer; Loren Pannier) and/or saved for the community meeting. Thank you for your understanding and support of this project, which we firmly believe is important to the future of our Belcourt Park. THE BOARD OF DIRECTORS OF THE BELCOURT PARK HOMEOWNERS ASSOCIATION Concrete sidewalk repairs at "BELCOURT" will be taking place on the following dates: Walking access to the sidewalks will be prohibited during the time allotted above on those specific tfaase spec -ac locations. Please keep in mind that weather and unforeseen conditions may change the date listed aboi.e, as well as extend the duration of closure without advanced notice. On the day the specified parking is scheduled for concrete work, your vehicles must be removed from the street that this will be affected by 7:00 am or it will be towed at the owner's expense in order for the contractor to perform his work. Please do not park on or into the sidewalk with the street closure barricades in place. Barricades are an indication that the concrete is fresh. Driving or walking on the fresh laid concrete can result in significant damages to the street. Rose Paving will not be held responsible for any damage caused by carelessness or not adheringto these guidelines. Although this work may cause some brief inconveniences, it is necessary to preserving and extending the life of the parking and drive area in your community. Your cooperation is required in the following areas: 1. All cars are to be removed from the streets where affected and no later than 7:00 am on the above dates and will need to remain out of the area until all cones and ribbon have been removed from the designated area by a Rose Paving representative. 2. Please be alert when driving or walking near construction areas and DO NOT CROSS any area that is coned off or barricaded. 3. All vehicles that are parked in the designated areas WILL BE TOWED AT OWNERS EXPENSE. 4. A Imbhicles: must remain: away: from ttie,sidewalksand'drive areas until all.6. / cones_ have been removed from the designated,areas;by a Rose Paving representative:. 5. Mail delivery may be interrupted or suspended on the date your street is scheduled for Asphalt work. 6. Residents found to be responsible for damage to the parking and drive areas by driving on fresh concrete during the process will be held liable for any and all repair costs. We will strive to complete this work as rapidly as possible and with minimal inconvenience to you. Please address all questions or concerns immediately to your property management company. Thank you in advance for your cooperation during this brief inconvenience. From,: ryan farsai tar sa142(w�1m,! Belcourt Park HOA trespassing of my property notice Date: Nov 3, 2017,11:32:45 AM To: Elliott Mercer e f Ott �erc;:r��t;;r,,.�. alangerrnan@juno.com bennett@sbhirsch.com, Cc: REZ fans � R ,a�42a:�1�ari .cor7 eta Koska �� , . s r:ciiti:'�11J:.� t; William ' m wkoska:�.fing aa, `v, ` ` William Koska ie "`� �, Guy Gilbert Naghibi Trriacdi,�,'Yahu)o.!, [iC) c's%v.�'� ? Atex Heto E1iot, Thts emag shall serve as notice to BOD of Belcourt Park HOA trespassing my Prey. P ng of This bewW is unacceptable. I dont read emails and dont really send then anymore now for 11 months now. If i am doing it it us because it is a MUST. The HOA oil not have My express written to come inside my gags and do any work without first notify myself The HOA via WNisa had Permission to view my backyard for inspection. The pkmrd*9 many cams and stones working on my PROPERTY. The co nh acto r Carl said 2nd Your contractor LeCourt Plumbing was going to leave an empty hole for my 7 year old daughter as liability. He did corer it up. Now this will be your notice to complete your job and get out. I am char9kV the HOA $100/day "nuisance/rental fee". Tgis is effective today 11.3.17 On 11.10.17 the fee is escalated to $200/day. Please contact myself 310.345.4077 and let me know what is HOA going to remedy this problem. Have a good day! Best wishes, Ryan P.s. i ccd some of my attorney's time to teach some life long lessons to you folks in Belcourt Park HOA on how to properly conduct oneself If you or someone else is in immediate danger, please call 9.11 or your local police. Submit an Internet crime complaint with the IC3. Submit a suspected terrorism or threat complaint with .. the FBI. Submit a complaint with the National Center for Missing and Exploited Children (NCMEC). tt0s:/iwwvv.ic3.gov/complaintjspIash.aspx? 2/14/18, 12:24 PM Pace 1 of 1 ��uv rncu u�c �.asn�N�an�� Were you the victim in the incident described above? Yes Digital Signature By digitally signing this document, I affirm that the information I provided is true and accurate to the best of my knowledge. I understand that providing false information could make me subject to fine, imprisonment, or both. (Title 18, U.S. Code, Section 1001) Digital Signature: Ryan r farsai Thank you for submitting your complaint to the IC3. Please save or print a copy for your records. This is the only time you wll,have to,make.a copy.of your, complaint: httos:i/complaint.ic3.gov/defauIt.aspx?#' 2/14/18; 12:23 PM Page 3 of 3 • Christian Brothers Plumbing & AC 6827 W. Belmont Ave., AZ 85303 1602) 903-2637 - View • Christian Brothers Plumbing Drain & Sewer Cleaning 6827 W Belmont Ave, AZ 85303 (623) 748-7101 - View • Christian Brothers Solar Energy Equipment Installation & Service 6827 W Belmont Ave., AZ 85303 Ka.�r - SLYL • Christian Brothers Water Softening & Filtration Equipment & Service 6827 W Belmont Ave, AZ 85303 23) 432-1375 - Yiew IC 71"r 11802 N 19TH AVE, AZ 85029 (602) 443-5435 -View • Christian Care Security 11812 N 19th Ave, AZ 85029 MaLU8-4939 - yim • Christian Church In Arizona 4423 N 24th St #700, AZ 85016 (602) 468-3815 - View • Christian Service Electronics 3524 E Portland St, AZ 85008 ($Q2,) 358-4301 -Vie«, • Christian Talk Radio 4000 N Central Ave, AZ 85012 (602) 234-1280 - Mm • CHRISTIAN, JENNIFER - RE/MAX INTEGRITY REALTORS 20241 N 67TH AVE, AZ 85308 (602)793-7192 - View • Christiansen Electric Inc 2016 W Wagoner Rd, AZ 85023 (602) 863-9490 -View • Christina C Ortecho Law Office 1 E Camelback Rd #550, AZ 85012 (602) 212-0500 - View • Christine Morrow- Farmers Insurance 1423 S Higley Rd Ste 125, AZ 85206 (6021 821-8845 - Y19a • Christmas Creation Spec Inc 13240 N 7th St, AZ 85022 (602L$I{-1566 - View, About Christian Handyman # Ck,14NC s�y�NG �r� immy„ 60 Cuj°Po✓�T Christian Handyman is business in PHOENIX, 85042 United States. Christian Handyman phone number is (AQ2) 276-2206 and you can reach us on number (6021276-2206. You should give them a call at 6022762206 before you go. The map below helps you find driving directions and maps for Christian Handyman. This is the only Christian Handyman location in PHOENIX, AZ. Google Map of 7841 S 13th PI Phoenix, AZ 85042. If you find error address or can't find, please enter another address using the form bellow, then search again. If you want to delete this business in our database, please contact us via Contact Us form. http://www.directionus.corn/az/phoenix/christian-h and yman.htn I 2%14/18, 12:24 PM Page 2 of 3 Complaint Referral Form Internet Crime Complaint Center Name: Ryan farsai Business Name: Age: 40 - 49 Address: 52 belcourt dr. Address (continued): Suite/Apt./Mail Stop: City: Newport beach County: Country: United States of America State: California Zip Code/Route: 92660 Phone Number: 3103454077 Email Address: farsai42@gmail.com Business IT POC, if applicable: Other Business POC, if applicable: Description of Incident Provide a description of the incident and how you were victimized. Provide information not captured elsewhere in this complaint form. On Friday feb 2nd I arrived back to lax. I took an Uber ride with driver name is MARIO in Toyota Prius license plate 7xmt628. Upon getting home I did not leave him the quick feedback and star rating. The next day on feb 3rd and again on feb 4th I recieved a call from TOMMY from Uber support team he claimed and wanted to talk to me about my most recent Uber trip. I then tried to go online on Uber and saw the Mario and was about to give him a rating and a tip and then the app locked me out and said my account is disabled. I went and did the steps to unlock my account online and no one responded so I could not reactive my account. Then TOMMY from Uber support team called me again on Friday feb 9th. I was unable to get a hold of them and left tommy a message screw uberand good luck with your company. Then TOMMY called back within 10 minutes. He said on my last ride I 'touched' the driver and I started laughing and I said what did he say that I said well I did not and I have a security surveillance system and I can verify my words to be true and factual. I then asked him for his last name and he would not give it to me. And then I said give me your badge number and he would not give it to me. And then I asked 'are you being honest with me?' And then he hung up. On the call I told him why is your number a cell number and not a land line. I looked up his number on google 623-432-1375. This number comes up as Christian Handyman company with 13 offices and an office in Arizona. This number is for Christian brothers water softening & filtration equipment and service. Inttos:r/complaint.ic3.govidefauIt. aspx?# 2/14/18, 12:23 PM Page 1 of 3 I thought this did not make sense. So I went to the UBER hub in Santa Ana and asked why is my account suspended and while waiting I see my account is no longer suspended. I then wait to speak to someone and they look up my account and tell me I have a good standing account and my account was NEVER disabled. This activity is unkosher and suspicious. The UBER hub told me I have to go to police department and the police department said I have to file this report on this website and so I am doing it, Which of the following were used in this incident? (Check all that apply.) ❑ Spoofed Email ❑ Similar Domain ❑ Email Intrusion ® Other Please specify: UBER APP Law enforcement or regulatory agencies may desire copies of pertinent documents or other evidence regarding your complaint. Originals should be retained for use by law enforcement agencies. Name: Tommy Business Name: Christian brothers water softening & filtration Address: 11812 n. 19th ave. Address (continued): Suite/Apt./Mail Stop: City: Phoenix Country: United States of America State: Arizona Zip Code/Route: 85029 Phone Number: 6234321375 Email Address: Website: IP Address: If an email was used in this incident, please provide a copy of the entire email including full email headers. Ryanfarsai@yahoo.com is my user account email Are there any other witnesses or victims to this incident? My friends that saw my Uber account was suspended and the headaches from having only left as only option. If you have reported this incident to other law enforcement or government agencies, please provide the name, phone number, email, date reported, report number, etc. [No response provided] ❑ Check here if this an update to a previously filed complaint: nttps://complaint.ic3.gov/defauli.aspx?# 2/14/18, 12:23 PM Paae 2 of 3 Directionsus.com Christian Handyman (11276-2206 Dome / AZ / Phoenix Christian Handyman • 7841 S 13th PI PHOENIX, AZ 85042 USA • Phone: (�yQ�J -�� • Last updated: May 8, 2014 G+ Share Phone Number .(kQZ) 276-2206 • Phone Carrier: Sponsored links Other Bisinesses in AZ • Christian Brothers Plumbing 6827 W Belmont Ave, AZ 85303 f6?�1-View httl)://www.directionus.com/az/phoenix/christian-handyman.htmI 2/14/18, 12:24 PM Paoe 1 of 3 • Christian Brothers Plumbing & AC 6827 W. Belmont Ave., AZ 85303 1602 903-2637 - View • Christian Brothers Plumbing Drain & Sewer Cleaning 6827 W Belmont Ave, AZ 85303 (623) 748-7101 - View • Christian Brothers Solar Energy Equipment Installation & Service 6827 W Belmont Ave., AZ 85303 • Christian Brothers Water Softening & Filtration Equipment & Service 6827 W Belmont Ave, AZ 85303 J432-1375 - Mig-,R 11802 N 19TH AVE, AZ 85029 `602) 443-5435 - Vieth • Christian Care Security 11812 N 19th Ave, AZ 85029 MZ -U3 --V-3-9- - View • Christian Church In Arizona 4423 N 24th St #7007 AZ 85016 (602) 468-3815 - View • Christian Service Electronics 3524 E Portland St, AZ 85008 (602) 358-4301 - View • Christian Talk Radio 4000 N Central Ave, AZ 85012 1602) 234-1280 - View • CHRISTIAN, JENNIFER - REMAX INTEGRITY REALTORS 20241 N 67TH AVE, AZ 85308 MZ -22L-2122 - View • Christiansen Electric Inc 2016 W Wagoner Rd, AZ 85023 16_ 02) 863-9490 -View • Christina C Ortecho Law Office 1 E Camelback Rd #550, AZ 85012 (-UZ 212-0500 - View • Christine Morrow- Farmers Insurance 1423 S Higley Rd Ste 125, AZ 85206 1,602) 821-8845 - View • Christmas Creation Spec Inc 13240 N 7th St, AZ 85022 lam) 548-1566 - View About Christian Handyman C�a3� q 3a -13�5 � CAU06 s�y�NG lyd M�y,� Christian Handyman is business in PHOENIX, 85042 United States. Christian Handyman phone number is 002) 276-2206 and you can reach us on number 1,¢02) 276-22Q6. You should give them a call at 6022762206 before you go. The map below helps you find driving directions and maps for Christian Handyman. This is the only Christian Handyman location in PHOENIX, AZ. Google Map of 7841 S 13th PI Phoenix, AZ 85042. If you find error address or can't find, please enter another address using the form bellow, then search again. If you want to delete this business in our database, please contact us via Contact Us form. nttp://www.di;ectionus.com/az/phoenix/christian- handyrnan.htrn1 2/14/18, 12:24 PM Page 2 of 3 From (A) nz a5042 To (B) 7841 S 13th PI Phoenlx,� Driving Get DirecGonsl i .. Major Cities • New York. 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FARSAI 52 BELCOURT NEWPORT BEACH, CA 92660 Re: 52 Belcourt Dr - Acct. #C184-00032-2 Drainage .issue - Hearing -Results..... _ Dear Mr. Farsai: The Board of Directors for the BELCOURT PARK HOMEOWNERS ASSOCIATION met for the disciplinary hearing on September 12, 2018. The Board determined that you are in violation of the Association's governing documents for failure to abate a nuisance. The Board has imposed a fine of two hundred and fifty dollars ($250.00) according to the fine schedule. This fine will appear on your next monthly assessment statement. As you are aware, a ficus tree in your courtyard is invading the Association's drainage lines below the surface of your courtyard. These drainage lines are critical to proper drainage of the Association's common areas and lead to the street. The ficus roots have clogged the drainage and cause flooding and damage to common areas. The continued existence of the ficus tree is creating a nuisance in that the roots will continue to invade and clog the drainage line. If you have any questions and/or concerns, please contact me at (949)372-4040 or morr@powerstonepm.com. Sincerely, On Behalf of the Board of Directors Ntranda Orr Miranda Orr Powerstone Property Management BELCOURT PARK HOMEOWNERS ASSOCIATION Cc: Board of Directors Professionally Managed by Powerstone Property Management* 9060 Irvine Center Dr., Suite 200, Irvine, CA 92618-4623 ' (949) 716-3998' Fax (949) 716-3999 PUBLIC RECORDS REQUEST Date of Request: Name of Requestor 6A N i G z -4 FAx- SJ Address (optional) L (pyZj— Telephone f a Y07-7 7 Records Description: Subject / Title Date Type of Record # of copies requested: Date Needed: Copies will be made after appropriate fees have been paid. (for office use only) Total Number of Pages: Copying Costs: Fee:_ Received by Date Completed Assigned to: Time Stent Assisting Reguestor. Time Spent Researching / Locating Documents: Date Mailed / Delivered / Picked up Paid Cash Check (SB 90 reimbursement) _ (not reimbursable) Finance Coding: Form RM -7 LE ftb-cgrs, ,,At S �A''' reqA F/7rpsxr h�'� T I �M SR '-j-)AjC J'AY NoN�� I /��cres�. T�1� �N,-� � �fLow�uG � you fs W��, -vast--IN �ax�Cr� Of �o�``��1�'r'7" �„�`ld CO �e- �Dvcp-lj)N4 �it"Y IN /qY NU�7I�i6 P%/��NIDN IN �� GU1�tJ I S 15 9 � �� y pA NAS` /�- 16)11WCa17 Z� F/wM cp r Sal'Ol cc Arjj r^l UvIL �,4 �'��00 oG�A`ll unl W11ILF d,� �17MA;Y-q P�0 N It�^pF1UDJ�S/�'C�TIJn1 11('� lJ' 6o O -P J� fit&, /41"// 60�fe W tai i t�r� -T,�� AlsoW vloM SO) �So �� OF s A5/awse- Atvv �s %� ori tip''Ate7q-r, ��'b 4y lam' A4 .. �YC AC�77z��'5 %rd�YJ-�T )vi �(0,� o� � ��^' N� or pub 66e'v i► �vL COUrr7U� y�^'c ��zca��rr M- W14 6°A C7iZ/Iw CX E- CPvr ,� 5'1e;lir-r- <SAaDQA 0"Lu- Covvjl/ AsxlcT �o�v� viL n✓I S ot\j Ru181 CITY OF NEWPORT. BEACH CITY COUNCIL AGENDA STUDY SESSION AND REGULAR MEETING r y SEPTEMBER 25, 2018 CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 92660 CLOSED. SESSION - 6:00 P.M. REGULAR MEETING - 7:00 P.M. DUFFY DUFFIELD, Mayor WILL O'NEILL, Mayor Pro Tem BRAD AVERY, Council Member DIANE B. DIXON, Council Member JEFF HERDMAN, Council Member KEVIN MULDOON, Council Member SCOTT PEOTTER, Council Member GRACE K. LEUNG, City Manager AARON C. HARP, City Attorney LEILANI 1. BROWN, City Clerk CAROL JACOBS, Assistant City Manager Pautsf- F� VIDE TH C CosII&MDa J ! v NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT r-�� I= < �� ^ !� Any presentation requiring the use of the City of Newport Beach's equipment must be submitted to the C Clerk 24 ours prior to the scheduled City Council meeting. NOV PUBLIC HEARINGS If in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing. NOTICE TO THE PUBLIC The City provides a yellow sign -in card for those wishing to address the City Council to assist in the preparation of the minutes. The cards are available in the lobby of the Council Chambers. Speakers are not required to submit a card as a condition to addressing the City Council. If you do fill out the card, please place it in the box at the podium_ Any times listed in this agenda are provided as a courtesy and the actual item may be heard either before or after the time given. This agenda was prepared by the City Clerk and staff reports are available at the City Clerk's Office located at 100 Civic Center Drive (Bay E, 2nd Floor). Staff reports or other written documentation have been prepared or organized with respect to each item of business listed on the agenda. If you have any questions or require copies of any of the staff reports or other documentation regarding any item of business on the agenda, please contact City Clerk staff at 949-544-3005. Agendas, minutes and staff reports are also available on the City's webpage at newportbeachca.gov/agendas. The City of Newport Beach's goal is to comply w-ith the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Leilani Brown, City Clerk, prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible (948-644-3005 or cityclerkt5newoortbeachca.gov). NEWPORT BEACH CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS -100 CIVIC CENTER DRIVE, NEWPORT BEACH, CA 52660 SEPTEMBER 25, 2018 CLOSED SESSION - 6:00 P.M. REGULAR MEETING - 7:00 P.M. I. ROLL CALL - 6:00 p.m. Ii. PUBLIC COMMENTS The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are invited on items listed on the agenda and non -agenda items. Speakers must limit comments to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code § 54967.6): 1 matter Agency Designated Representatives: Grace K. Leung, City Manager, Carol Jacobs, Assistant City Manager, Barbara Salvini, Human Resources Director, and Peter Brown; Labor Negotiators. Employee Organizations: Newport Beach Lifeguard Management Association (NBLMA); Newport Beach City Employees Association (NBCEA); Newport Beach Firefighters Association (NBFA); Newport Beach Fire Management Association (NBFMA); Newport Beach Police Management Association (NBPMA); Newport Beach Professional and Technical Employees Association (NBPTEA); Newport Beach Employees League (LABEL); and Part Time Employees Association of Newport Beach (PTEANB). IV. RECESS V. RECONVENE AT 7'.00 P.M. FOR REGULAR MEETING VI. ROLL CALL VII. CLOSED SESSION REPORT VIII. INVOCATION iX. PLEDGE OF ALLEGIANCE X. NOTICE TO THE PUBLIC The City provides a yellow sign -in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Council. If the optional sign -in card has been completed, it should be placed in the box provided at the podium. The City Council of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Council has the discretion to extend or shorten the time limit on agenda or non -agenda items. As a courtesy, please tum cell phones off or set them in the silent mode. City Council Meeting September 25, 2018 Page 2 XI. CITY COUNCIL ANNOUNCEMENTS (NON -DISCUSSION ITEM) X11. PUBLIC COMMENTS ON CONSENT CALENDAR This is the time in which Council Members may pull items from the CONSENT CALENDAR for discussion (ITEMS 1- 17). Public comments are also invited on Consent Calendar items. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. If any item is removed from the Consent Calendar by a Council Member, members of the public are invited to speak on each item for up to three (3) minutes per item. All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. Council Members have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Council votes on the motion unless members of the City Council request specific items to be discussed and/or removed from the Consent Calendar for separate action. X111. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the September 11, 2018 City Council Meeting Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by tide only. ORDINANCES FOR ADOPTION 3. Second Reading of Ordinance No. 2018-14 Updating Regulations Regarding Accessory Dwelling Units (PA2018-099) a) Find this project statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) of the CEQA Guidelines, which states that the adoption of an ordinance regarding second units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code are exempt from the requirements of CEQA; and b) Conduct second reading and adopt Ordinance No. 2018-14, An Ordinance of the City Council of the City of Newport Beach, California, Adopting Zoning Code Amendment No. CA2018- 003 to Implement Revisions to State Law Relating to Accessory Dwelling Units (PA2018- 099). 4. Second Reading of Ordinance No. 2018-15 Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2018-15, An Ordinance of the City Council of the City of Newport Beach, California, Amending Exhibit A to Newport Beach Municipal Code Section 3.35.030 Related to Cost Recovery. RESOLUTIONS FOR ADOPTION S. Newport Bay Water Wheel Project — Adoption of Mitigated Negative Declaration a) Adopt Resolution No. 2018-67, A Resolution of the City Council of the City of Newport Beach, Adopting Mitigated Negative Declaration No. ND2018-002 (SCH#2018081013) for the Newport Bay Water Wheel Project (PA2018-153), pursuant to the California Environmental Quality Act, State CEQA Guidelines and City Council Policy K-3; City Council Meeting September 25, 2018 . Page 3 b) Approve Budget Amendment No_ 19BA-008 recognizing revenue from the Ocean Protection Council in the amount of $1,680,000 (13801-431135-17X12) and appropriating $1,680,000 to 13801-980000-17X12 for Newport Water Wheel project contingent upon approval of the grant award by Ocean Protection Council; and c) Authorize the Mayor and City Clerk to execute a Cooperative Agreement with Ocean Protection Council for grant funding of Newport Bay Water Wheel contingent upon notification of grant award and review by the City Attorney's Office. 6. Proposed Assessment District No. 113 — West Balboa Island, North Bayfront, South Bayfront and Agate Avenue a) Staff recommends the City Council acknowledge that on February 14, 2017, the City Council deemed this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15302(d) (conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding); b) Adopt Resolution No. 2018-68, A Resolution of the City Council of the City of Newport Beach, Califomia, Declaring its Intention to Take Proceedings Pursuant to the Municipal Improvement Act of 1913 and to Issue Bonds Pursuant to the Improvement Bond Act of 1915, and Make Certain Findings and Determinations in Connection Therewith, All Relating to the Formation of Assessment District No. 113; c) Adopt Resolution No. 2018-69, A Resolution of the City Council of the City of Newport Beach, California, Preliminarily Approving the Assessment Engineer's Report and Fixing the Time and Place of the Public Hearing for Assessment District No. 113; d) Per City Council Policy L-28 (Assessment Ballot Guidelines), determine that the City will not participate in the AD -113 balloting process for the Carol Beek/Balboa Island Park or the public restroom property near the Ferry Crossing by neither voting for nor against the assessment; and d) Approve Budget Amendment No.19BA-009 appropriating $30,000 to Account No. 66302- 941006 for Engineering Services to ballot and tabulate voting for AD -113. 7. Adopt a Resolution Supporting an Application by the City of Irvine for OCTA Measure M2 Regional Traffic Signal Synchronization Program Funding for the MacArthur Boulevard Corridor Project a) Determine this action is exempt from the Califomia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2018-70, A Resolution of the City Council of the City of Newport Beach, California, Supporting an Application by the City of Irvine for the Orange County Transportation Authority's Measure M2 Traffic Signal Synchronization Program Funding for the MacArthur Boulevard Corridor Synchronization Project. 8. Resolution No. 2018-71: Amending Various Responsibilities of the Finance Committee a) Determine this action is exempt from the Califomia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2018-71, A Resolution of the City Council of the City of Newport Beach, Califomia, Amending Various Responsibilities of the Finance Committee. 9. Resolution No. 2018-72: Amending City Council Reserve Policy F-2 a) Determine this action is exempt from the Califomia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in,a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2018-72, A Resolution of the City Council of the City of Newport Beach, Califomia, Amending City Council Reserve Policy F-2. City Council Meeting September 25, 2018 Page 4 CONTRACTS AND AGREEMENTS 10. Ocean Pier Maintenance Project — Notice of Completion for Contract No. 7126-1 (17H03) a) Accept the completed work and authorize the City Clerk to file a Notice of Completion for the project. On October 24, 2017, City Council found this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (minor alteration of existing public facilities with negligible expansion) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Authorize the City Clerk to release the Labor and Materials Bond 65 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; and c) Release the Faithful Performance Bond one year after acceptance by the City Council. 11. Approve a Cooperative Agreement with the City of Irvine for a Regional Traffic Signal Synchronization Project on the Culver Drive -Bonita Canyon Drive Corridor a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Approve Cooperative Agreement between the City of Newport Beach and the City of Irvine for the Culver Drive -Bonita Canyon Drive Corridor Regional Traffic Signal Synchronization Project (RTSSP). 12. Amendment No. One to Temporary Employment Agreement with Former City Employee Michelle Caldwell a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Authorize the City Manager to execute a Temporary Employment Agreement (TEA) with former employee Michelle Caldwell, who retired on December 28, 2012, to temporarily fill the position of Police Dispatcher until all vacancies can be filled. 13. Budget Amendment for Two New Crossing Guards for Newport Heights Neighborhood Schools a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly and b) Approve Budget Amendment No. 19BA-010 appropriating $20,034.00 from the unappropriated General Fund Balance to Account No. 01035354-811008. 14. Amendment No. 2 to Crossing Guard Services Agreement a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve Amendment No. 2 to the Services Agreement with All City Management Services, Inc. of Santa Fe Springs, California, and authorize the Mayor and City Clerk to execute the Amendment; and c) Approve Budget Amendment No. 19BA-011 appropriating $10,017.00 from the unappropriated General Fund Balance to Account No. 01035354-811008. 15. Amendment No. Four to the Agreement with Newport Beach & Company for the Management of NBTV Programming and Operations a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and City Council Meeting September 25, 2018 Page 5 b) Authorize the City Manager to execute Amendment No. Four to the current Professional Services Agreement with Newport Beach & Company for the Management of NBTV Programming and Operations. Amendment No. Four would be subject to approval by the City Attorney and would: (1) extend the term of the agreement an additional four months (to expire on January 31, 2019); and (2) add $50,000 to the agreement for a new not -to -exceed total of $730,000. The not -to -exceed total includes the original agreement and the four subsequent amendments. 16. Amendment No. One to Professional Services Agreement with Harris Miller Miller & Hanson, Inc. for John Wayne Aircraft Noise Abatement Departure Procedure (NADP) Analysis a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Approve Amendment No. One to the current Professional Services Agreement with Harris Miller Miller R Hanson, Inc. for John Wayne Aircraft Noise Abatement Departure Procedure (NADP) Analysis for the additional analytical work requested, add $30,000 to the contract for a new total not -to -exceed value of $140,000, and authorize the Mayor and City Clerk to execute Amendment No. 1 to the agreement. MISCELLANEOUS 17. Planning Commission Action Report: for the September 13, 2018 Special Meeting Receive and file. ACTION: MOVE AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED XIV. ITEMS REMOVED FROM THE CONSENT CALENDAR XV. PUBLIC COMMENTS ON NON -AGENDA ITEMS Public comments are invited on non -agenda items generally considered to be within the subject matter jurisdiction of the City Council. Speakers must limit comments to three (3) minutes. Before speaking, please state your name for the record. XVI. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES XVII. PUBLIC HEARINGS 18. Call for Review of the Approval of the Variance and Coastal Development Permit for 3200 Ocean Boulevard (PA2017-208) a) Conduct a public hearing; b) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and c) Adopt Resolution No_ 2018-73, A Resolution of the City Council of Newport Beach, California, Approving Variance No_ VA2017-002 and Coastal Development Permit No. CD2017-091 to Allow the Construction of a New Single -Family Residence for Property Located at 3200 Ocean Boulevard (PA2017-208). 19. Minor Amendments to the City's Local Coastal Program LC2017-002 a) Conduct a public hearing; b) Find the action statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15265(x)(1) of the California Code of Regulations, Title 14, and Chapter 3 of the Coastal Act. Section 15265(a)(1), which exempts local governments from the requirements of preparing an environmental impact report or otherwise complying with CEQA in connection with the adoption of a Local Coastal Program; and City Council Meeting September 25, 2018 Page 6 c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2018- 16, An Ordinance of the City Council of the City of Newport Beach, California, Amending Title 21 of the !Newport Beach Municipal Code to Approve Local Coastal Program Amendment No. LC2017-002, as Modified by the California Coastal Commission, and pass to second reading on October 9, 2018. XVIII. MOTION FOR RECONSIDERATION A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. XIX. ADJOURNMENT Testimony given before the City Council is recorded. The timing light will tum yellow when the. speaker has one -minute remaining. The timing light will turn red when the speaker has 10 seconds remaining. PLEASE TURN CELL PHONES OFF OR SET IN SILENT MODE Dear Mr. Farsai: We are in receipt of your letter submitted to our office by the Orange County Florida Consumer Protection Office. The Orange County District Attorney's Office serves as public prosecutor, bringing lawsuits where the interests of the public at large are involved. This office cannot represent individuals in civil matters, take action in order to obtain money owed to a consumer, help cancel any debt due on a contract that was signed or obtain any other personal relief. We have reviewed your letter and have determined that it does not meet our criteria. You may wish to consult a private attorney regarding your legal options. If you need a referral, you can contact the Orange County Bar Association of at 949)440-6747 to discuss your issue and find an attorney who specializes in thea Your We wish you the best in resolving this matter. Very truly yours, ORANGE COUNTY 'SNEY ON UMERAND ENVIROINMENTAALRPROT OTIONE CONS UNIT C Mary nn . riore Paral gal WEB PAGE: h"P:/loranaecountvda.oral REPLY TO: ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE JIM TANIZAKI OFFICE OF THE CHIEF ASSISTANT D.A. �T [1 �j CT ATT O RN� ' J i �,` SCOTT ZIDBECK SENIOR ASSISTANT D.A FELONY OPERATIONS N y' ❑ NORTH OFFICE ORANGE COUNTY, CALIFORNIA TRACY MILLER D.A. - x +:FELONY TONY RAC IiAUCKAS SENIOR ASSISTANT OPERATIONS UI 401 CIVIC CENTER DR W EBRAHIM BAYTIEH 6141 13TM STREET WESTMINSTER. CA 92663 SENIOR ASSISTANT D.A. ORANGE. CA 92866 (714) 955-7624 FELONY OPERATIONS II P.O. BOX 806 SANTA ANA, CA 92701 KEITH BOGARDUS (714) 898'7291 SENIOR ASSISTANT D.A. FELONY OPERATIONS I (714) 834.3600 HOWARD P. GUNDY SENIOR ASSISTANT D.A. BRANCH COURT OPERATIONS August 3, 2018 PAUL M. WALTERS CHIEF BUREAU OF INVESTIGATION Ryan Reza Farsai JENNY OIAN 23276 S. Pointe Drive, Suite 100 DIRECTOR ADMINISTRATIVE SERVICES Laguna Hills, CA 92653 SUSAN KANG SGHROEDER Board of Directors/Belcourt Park CHIEF OF STAFF Re: Complaint regarding Dear Mr. Farsai: We are in receipt of your letter submitted to our office by the Orange County Florida Consumer Protection Office. The Orange County District Attorney's Office serves as public prosecutor, bringing lawsuits where the interests of the public at large are involved. This office cannot represent individuals in civil matters, take action in order to obtain money owed to a consumer, help cancel any debt due on a contract that was signed or obtain any other personal relief. We have reviewed your letter and have determined that it does not meet our criteria. You may wish to consult a private attorney regarding your legal options. If you need a referral, you can contact the Orange County Bar Association of at 949)440-6747 to discuss your issue and find an attorney who specializes in thea Your We wish you the best in resolving this matter. Very truly yours, ORANGE COUNTY 'SNEY ON UMERAND ENVIROINMENTAALRPROT OTIONE CONS UNIT C Mary nn . riore Paral gal WEB PAGE: h"P:/loranaecountvda.oral REPLY TO: ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE ❑ OFFICE ❑ JUVENILE OFFICE ❑CENTRAL OFFICE IDR.CE W nX MAIN OFFICE ❑ NORTH OFFICE ❑ WEST OFFICE HARBOR 4601 JAMBOREE RD. 341 C� DRIVE SOUTH 401 GMC LAMER P.O. BOX 808 401 CIVIC CENTER DR W 1275 N. BERKELEY AVE CA 92932 6141 13TM STREET WESTMINSTER. CA 92663 NEWPORT BEACH. CA 92660 ORANGE. CA 92866 (714) 955-7624 SANTA ANA. CA 92701 P.O. BOX 806 SANTA ANA, CA 92701 FULLERTON. Q14) 773-4480 (714) 898'7291 9 a78d650 � ) (714) 834.3952 (714) 834.3600 COO oo Y) , sHovu) c JA� S.V A-L J/ u03011 Ycn; s��C> yy Vk, ,RiNCESS MUNDO IMPERIAL PRINCESS 'RI IE0.A OIAMANTE• ;oszera de las Palmas s/n ►/j� /� Acapui o. Guerrero. del Marquez, �.capuico. Guerrero. ex -co CP 39890 �/� T -S2 ,:Qv 744) 469 10 00 ��i'�-�`J � �' V 0, fimo ry I -Tv .S 11v f-tcc),,q— INcuji) I�Jc, px pv L -els 0 1 sf4-f- 0AV �y J OA NAMo AWd AVO�O" 'tel r-- Cb,f �-u /vrop O B,p uxOd a�u�i w.princessmundoimperial.com 0 :2R., CIIY OF NB COM DVLPMT 100 CIVIC CENTER DR "1, 9 BE49-694-324E ACH. CA 92666 _ CITY O F NEWPORT BEACH 9 41399861069491 �—� ner,aaft IN 9491. BUILDING DIVISION Teem u. 6663 st° u:eei. i.O.BOX 1768, NEWPORT BEACH, CA 92658, (949) 644-3200 Ref: m• �f.. 1 SaleFEE RECEIPT KXXX%xk>�101(9928 TARGET DATE: VISA Entry Method; Chia Received by: _—� Plan Check #: �U6 Permit* Total: $ 32.00 d from (navor) Job Address A/19/1811:04:22 Teck........................................................................2900-5002 $ Inv 9: "1 i Code". 041915 a Plan Check (Building) .........................................2900-4627 $ Cramtion ID: 58810SMW -ck........................................................................2700-5003 $ 4Nd:Online Batch,.0491 ieek .........2900-5004 $ ?ISR DEBIT ..............................................................................2330-5055 $ IID: A0O006000310102900-4612 rsl: 6s66 ;heck....................................................................... $ WR: 0080001000 ;heck.....................................................................2900-4616 $ cu5cGk.e- copy i Check 2900-4618 $ rfwrrK vou! es Plan Check........................................................2370-4654 $ ,heck - Building......................................................2900-5023 $ vvtrrcrr!c r,ar, .;heck - Grading......................................................2900-5004 $ Overtime Plan Check - Planning .....................................................2700-5003 $ Preliminary Code Compliance Review............................................2900-5002 $ Reinspection B E M P/Special Inspection CDD021.........................2900-5008 $ ReinspectionFire............................................................................2330-5050 $ Temporary Certificate of Occupancy CDD021 ................................2900-5008 $ Underground Utilities Waiver..........................................................010-2225 $ EnergyCompliance.......................................................................2900-5017 $ Planning Department Fees.............................................................2700-5000 $ Sale of Maps & Publications (Planning) ..........................................2700-5812 $ Determination of Unreasonable Hardship .......................................2900-5018 $ Public Works Plan Check . .............................................................. 5200-5002 $ Records Management Fee (Copies) ...............................................010-2263 $ Subpoena Fees.................................................�?�� 2900-5001 $ Copies/plans/specs (counter) CDD024./2. ^�..2900-5019 $ a� Surety Deposits (Refundable).........................................................020-2201 $ Other(Specify)............................................................................... $ . TOTAL FEES - Vri For Plan Check status log on to: www.newportbeachca.gov/building, select Online Services or call (949) 644-3255 Fee Receipt No. NOTICE: PLAN CHECK EXPIRES 180 DAYS FROM DATE OF SUBMITTAL. (Afeempt. 04/09/18) Yr �> - N S --(, '16 SAY "I / (s ONLY A/ i / n wo", Yw tO-r-vs-t Th FI;( (r), T -1'- 5favc0 Nolt.V Z ,1�Ai'� l��'�avSCY J�S77Fit� F6/t p�fl,,iLr La�,✓iY iJi,$77z1(T PsT1��r'�Y C��1Cc /� �,��N��s 666w IC -0 6p aUK P�inF. l/S7D DOW'rt�,�r- A, DC To oLItL MWAAY Gin. �src. Ql°eN A �'rL I1vL'G377[,4w0N R4 No 04 STS o � ,-�t- US -8 916vj 11w 66L6(X11C—) �/Xy- fyoA , L�1 T7"�� 011L-01� 11 r� ATTA-ttW AM A e-4w.S C-,�w 6E rl-y� ;Al ISA 1,16 pAwCop S E- Q ljeN CES 11M� IVIZ9 f F- T -1'- 5favc0 Nolt.V Z ,1�Ai'� l��'�avSCY J�S77Fit� F6/t p�fl,,iLr La�,✓iY iJi,$77z1(T PsT1��r'�Y C��1Cc /� �,��N��s 666w IC -0 6p aUK P�inF. l/S7D DOW'rt�,�r- A, DC To oLItL MWAAY Gin. �src. Ql°eN A �'rL I1vL'G377[,4w0N R4 No 04 STS o � ,-�t- US -8 916vj 11w 66L6(X11C—) �/Xy- fyoA , L�1 T7"�� 011L-01� 11 r� ATTA-ttW AM A TO RYAN FARSAi: THANK YOU FOR YOUR SUPPORT OF OUR GREAT UNNERS17Y. WERE VERY PROUD OF OUTY INSTrruTiON, PARTWULARLY HOW WELL WE'VE PROTECtED OUR FEMALE STUDENTS FROM SEXUAL PREDATORS OVER THE YEARS. GO TROJANS! SIGNED, (FORMER PREsiDENT) MAX WAAS ^y'\. _ _ .Y '� t � Y��fw'� '.�y0`8�¢yfOttto Y¢!•MC:', - \J UW�.NUI •;tb i ' �� mage a smnoss a.�.,; ` � 1 I l• , Cia wCni'lln Ulla IerAttaf of rowP�;: S7[tt5. pi w r Immuita: uo ootf5nrnnaf a � GI • �� - � ; � • -� . � + � � I w�ta flea�aa.,aSnA° nnl+a n. �!. • '•� ... 02 RN.•n .Y � I l � "' m�ilO is M0. D•9•�+GK 1! J 11 - ` t • 7n1 iLi ` 'i:r.' . • 1 ~ E-1 . FLA-," -j r I E 2 .Noon wommomommmmumm ' � f t ,til' itti we aw a>ztVnro nnwe�uaa comia�+r• • . . -. - - :�" I . � .. � � ' . ,.tea•._ : t __ ;C:11p%i0F1D0011hR.CONC{ 57%9Syi• 4 d11eL 0]it lli.' mC aiV3!'WiR W !e■! tD[. ' .1QW6+: .a3g14 ver r.r i � i/: - i ■ r P im err �a.r -i'.r F- • v ` i•r 3Tr`-. •.air•. Rs. a _ ..: ....� .--• ; BAt •r a.r. b/r". elm. •. 1. lwo- .. ze/c* r•r a ■ r a / rt RO/. KK 8--r a/r :airy i ism bmr rr ].Y••; �(?/•yam• r-a•� . z � mt . >41 • � i � t.0 •i t nin ' z r ir• ' a *r•N: •1L. n' ram•' l i m'r• '11 r!'' 1 co Vclo� °• R E V I .S I O. N Si {{�� •_- QDl1t2 De■CRIlr10N ••t. •Fay-} V Jp \� SITE PHASE.. P �\ / si=NUMBEs r . ----.-' - Gs -:1 fA or 9k�lp. • l.e R. iaaa f■s'•:. Sial'}j m5 2.>• - _ '. ' ' � � .: ice. • . • ab R.. ♦.. l.N••: 1Nb•1'•fea➢ :Y.ea�; +�%!�`. Fri ..■ .■i. "5:1.. -• azo' .aN.•-.•{+�t• - i- PLE OV I • iclq ]itl � a0V ..Ir3 '.r M1 Z •1 1- � •+% 1� �•. • tn.i w:t�a•ies �`wtwD:�i.a. • - .. .. } • • � f.�' � � . � � �\ ,- 11 _.'- T is ^Ay orl �jiaN � lv�Lti SNE Ch`l �5� CoNsa�ai � aN� oF R -A -L eS� 4 �NoNo��y ,N��iz�r�s oF F HOtE 1,S A 5A/0 IN �M�CN T OUNI /1 IN F (DPP zo N/e- A S'(iS�loN ywootly- Ire eSCRnw buy Q His �,�i�� , t� wast �N -Vty to i�' -- _. �Y� aa oem w C &1 fiC3:42o.� Pon tau GLt 4t -- C2 { r 9Y r aa oem w C &1 fiC3:42o.� Pon tau GLt 4t -- C2 { r Grantor: Lorena Collins, Trustee of the Collins Family Trust dated October 20, 1997 Grantee: Ryan Reza Farsai After recording return to: Walter R. Gowell PO Boz 480 McMinnville, Oregon 97128 Send Tax Statements to: _Ryan Reza Farsai 23276 S. POint:e Dr., Suite 100 Laguna Hills, CA 92653 TRUSTEE'S DEED KNOW ALL MEN BY THESE PRESENTS, that LORENZA M. COLLINS, Trustee of the Collins Family Trust dated October 20, 1997, hereinafter called "Grantor", for the consideration hereinafter stated, does hereby grant, bargain, sell and convey unto RYAN REZA FARSAI, hereinafter called "Grantee" and unto Grantee's heirs, successors and assigns, all of that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, situated in Yamhill County, State of Oregon, more particularly described on Exhibit A attached hereto. TO HAVE AND TO HOLD the same unto said Grantee and Grantee's heirs, successors and assigns forever. The true and actual consideration paid for this transfer, stated in terms of dollars, is $305,000.00, which is the whole consideration. In construing this deed and where the context so requires, the singular includes the plural and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USLP OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Page 1 of 4 IN WITNESS WHEREOF, the Grantor has executed this instrument on the dates stated below; if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by order of its board of directors. DATED this a IT Uay of 7 LorenzaCollins, Trustee of the Collins Family Trust dated October 20, 1997 STATE OF OREGON ) County of Yam)ss. ) T f regoing instrument was acknowledged before me this � day of T 2017, by the above-named Lorenza M. Collins, Trustee of the Collins Family Trust dated October 20, 1997, as her true and voluntary act and deed. OffiCtAL 09 MICHEL E qMN ary Public for Oregon J��'_CR��,�,� My Commission Expires: 7 y CU AMiS$Ip"' NO. 961746 fi9Y COMMISSION EXPIRES APRIL 3p, 2027 Page 2 of 4 EXHIBIT A TO TRUSTEE'S DEED A tract of land in Section 34, Township 5 South, Range 6 West, Yamhill County, Oregon, and being more particularly described as follows: Beginning at iron rod at the southeast corner of that tract of land described in deed from W.R. EQUITIES JOHN DAY, LLC to DEER MEADOWS, LLC and recorded in Instrument No. 200516384, Yamhill County Deed Records; thence South 68047'50" West 321.94 feet to an iron rod on the west line of that tract of land described in deed from the CHURCH OF SCIENTOLOGY, MISSION OF DAVIS to WILLIAM J. COLLINS and LORENZA M. COLLINS and recorded in Film volume 189 Page 056; thence South 15045' East 1099.81 feet along the west line of said tract to the center of the South Yamhill River (from which point an iron rod bears North 15045' West 193.16 feet); thence South 67040' East 164.92 feet; thence North 00°28'36" East 12.36 feet; thence South 84031'24" East 1056.00 feet; thence North 43033'36" East 244.20 feet; thence North 17°48'36" East 201.30 feet; thence North 701'24" West 132.000 feet; thence North 27056'24" West 491.04 feet; thence North 26041124" West 250.80 feet; thence North 30040' West 820.00 feet to the center of the South Yamhill River; thence North 24000' East 160.00 feet along the center of the river; thence North 36000' East 45.32 feet along the center of the river to a point on the south line of that tract of land conveyed to Alice Propes and recorded in Film Volume 58 Page 301, Yamhill County Deed Records; thence following Propes boundary the following courses; thence South 61000' West 67.78 feet to angle corner; thence South 56152' West 141.03 feet to an iron rod; thence North 39014'20" West 23.85 feet to an iron rod; thence North 52047'58" West 35.28 feet to an iron rod on the west line of said Propes tract; thence leaving said Propes tract and running thence South 6S°27'03" West 153.28 feet to an iron rod on the east line of Parcel 2 of Partition Plat 1997-20; thence South 24103'27" East 20.39 feet to an iron rod at the southeasterly corner of said Parcel 2; thence South 47058'05" West 90.62 feet along the southerly line of said Parcel 2 to an iron rod at an angle corner in said southerly line; thence South 41026'55" West 152.65 feet along the southerly lines of Parcel 2 and Parcel 3 of said Partition Plat 1997-20 to an angle corner in the southerly line of said Parcel 3; thence South 33055'28" West 106.05 feet to an iron rod; thence South 21018'00" East 222.50 feet to an iron rod; thence South 68039'38" West 266.43 feet to the point of beginning as shown by CS -13340. SUBJECT TO: 1. Water rights, claims to water or title to water, whether or not such rights are a matter of public record. 2. The assessment roll and the tax roll disclose that the within described premises were specially zoned or classified for Farm use. If the land has become or becomes disqualified for such use under the statute, an additional tax or penalty may be imposed. 3. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. 4. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of South Yamhill River. Page 3 of 4 5. Governmental rights in connection with flood control and propagation of anadromous fish and public rights of fishing and recreational navigation in and to the water, bed and shoreline of the South Yamhill River. 6. Any adverse claim based upon the assertion that some porton of said land has been removed from or brought within the boundaries thereof by an avulsive movement of the South Yamhill River or has been formed by the process of accretion or reliction or has been created by artificial means or has accreted to such portion so created. 7. Easement, including terms and provisions contained therein: Recording Information: October 18, 1963 in Film Volume 33, Page 324, 325, Deed and Mortgage Records In Favor of: West Main Water Association, an Oregon corporation For: Water main The beneficial interest under said Deed of Trust has been assigned to City of Sheridan, Oregon, a municipal corporation, its successors and assigns, by Assignment recorded May 19, 1983, in Film Volume 177, Page 0689, Deed and Mortgage Records. 8. Restrictive Covenant to Waive Remonstrance, pertaining to including the terms and provisions thereof Recorded: August 27, 1984 in Film Volume 188, Page 1752, Deed and Mortgage Records 9. Restrictive Covenant to Waive Remonstrance, pertaining to including the terms and provisions thereof Recorded: October 22, 1984 in Film Volume 189, Page 1997, Deed and Mortgage Records 10. Easement as shown on the recorded Partition 97-20 For: Road & Utility Easement Affects: 30 foot 11. Easement as shown on the recorded plat of PACIFIC PLACE For: Storm Drainage Easement Affects: 8 foot Page 4 of 4 Lorena M. Coffins Trustee of tie. Ce tins. Fm* Trust fldober 20, 1997 Sub)ect to .the exceptions, ecctusaons, andstipulations which are ordinarily part of such Fdiey. form and the :Mowing. 1. Taxes or assessments vAlkh are not shown as existhg Dens by tie records of any tvmV authority that levies taxes or assessnteY*s on re& property or by the putttic records; pDoeedings nr- report is for the a dusive us-. of;ft:pwtm:hereIn sti m,aW rsprekfortaryttD ft t%wjee of a t ie irk Ix ft a W—§mRbWWe void m*w a poffCy is ism , and`tite ftf premiwn'paid. ---'_--- You . . . . ............ yoga eX[h8nge.corn -______- 23276 S. Pointe Dr., Suite 100. Laguna HUls, CA 92653 0 Tel: 848.854.4242 � � Fax 949.679.0014 wl I uzrif 44/i- 017 by Ryan Far-sai on II.QV2.6Lood Ryan Reza Fasa Ifins /2: Titte Cklaf e5 ESCr�lilr 215,2, Settle . ... .......... ..... IM, itl -*OL 179eS r 4mag Fee Standard :Lenders �,olicy to R &recordin Fee Ifst American Title Company Of Oregon to First Am enca Esc nTitleco Escrow/Closing . .. ........... MPMY Of Oregon .0.0 /Closing Fee to First Ame : I'll I I I ''1 11 11 11 Man Title Company Of Oregon 5.00 504.00 an.d. Transfer Cha T�es liecQ.rd to jamhOl Courtly Cleric Miscellaneous 51-00 `Set up.fee to Untiam Escrow inc. Due TG.Ru., To cels 14,GOC, oo 312,o00_00 Our vvir.e. instructions c tions do not Cha 312 000.00 0_0� ng.e_ if you receive an ernall or other commnic. I L 332,bbo cjo contains revised wiring instruction her comrnunication that appears to be frorn us and number. Do not inquire with the sender. ,elified Phone nurn 5' You should consider it suspect and YOu Must call Our Office at an independently 1PY118ni 2015 American Land Trae Associal.ion. =!i I igM reserves ;Carrei�t contact infativi on'- OWNER: C OTTO HEIDER PO BOX 206. SHERIDAN, OR 97378 Status: Non -Cancelled County: Yamhill File Foider Location: Salem Watermaster District: 16 Ap hcataori Permit "S 22222 document: Certificate. 49558 document, piper map Signature: 4/23/1981 P' Type: Remaining Order(s�' Order Origin (Volume -Page I Signature j Description G Special 87-361 15/7/2012 IO WrrHPD D OR TRAWAL View right wsth Web Maopina View Places of Use from Water nights in the Same Area Vew Water i�iphts insarrie': Farruly "�. Regott Errors with Wafier R+pht Data: http:;/apps.wrd.state.or.us/apps/wr/wrinfo/wr detai1s.aspx?snpjd=102359 2/14/18, 12:44 PM Page 1 of 1 BEFORE THE WATER RESOURCES DEPARTMENT OF THE STATE OF OREGON In the Matter of Transfer Application ) WITHDRAWAL OF T-10643, Yamhill County ) PRELIMINARY DETERMINATION ORS 540.505 to 540.580 establishes the process in which a water right holder may submit a request to transfer the point of diversion, place of use, or character of use authorized under an existing water right. OAR Chapter 690, Division 3 80 implements the statutes and provides the Department's procedures and criteria for evaluating transfer applications. Applicant JULIE DEAN 32020 WEST VALLEY HWY SHERIDAN OR 97378 Findings of Fact On June 9, 2008, JULIE DEAN filed an application to change the point of diversion, additional points of diversion, change the place of use and to change the character of use under Certificates 23254, 49958 and 43096. The Department assigned the application number T-10643. 2. On October 7, 2011, the Department issued a Preliminary Determination proposing to deny Transfer Application T-10643 because portions of the rights proposed for transfer under Certificates 49958 and 23254 were not subject to transfer. 3. On May 3, 2012, the Department received a request from the applicant to withdraw the Preliminary Determination issued on October 7, 2011, so that the applicant could modify the transfer to omit Certificates 49958 and 23254 that were not subject to transfer, and then proceed to transfer Certificate 43096, which is subject to transfer. Department's Action: The Preliminary Determination issued for Transfer Application T-10643, in the name of Julie Dean, is withdrawn and of no further force or effect. NOTICE OF RIGHT TO PETITION FOR RECONSIDERATION OR JUDICIAL. REVIEW This is an order other than a contested case. This order is subject to judicial review under ORS 183.484. Any petition for judicial review must be filed within the 60 day time period specified by ORS 183.484(2). Pursuant to ORS 536.075 and OAR 137-004-080 and OAR 690-01-005, you may either petition for judicial review or petition the Director for reconsideration of this order. A petition for reconsideration may be granted or denied by the Director, and if no action is taken within 60 days following the date the petition was filed, the petition shall be deemed denied. T-10643.dip Pagel of 2 Special Order Volume 87 Page 3(.o 1 Dated at Salem, Oregon this day of May, 2012. ,�3Lv=-Right,$ervices Administrator, for WARD, DIRECTOR Mailing Date: MAI 10 2012 T-10643.dip Page 2 of 2 Special Order Volume 87 Page 3(,2 Currenreonitact', nformatton OWNER: p WALLACE B HEIDER 1330 W MAIN ST SHERIDAN, OR 97378 Status: Non -Cancelled County: Yamhill File Folder Location: Salem Watermaster District• 16 ► 'POD I" `SDUiH'°YAMFIILL RIVER > i4kkLL RIVER.< ► " itise YRRIGATON ("Primary) 32_i acres; Pnoriiy Date ;127 V1907. "-•No genealogy records available for this water 49K fry the family link below instead. view Water Rights m same <=amdy Report Ertors wRh".Vltater Right Datst http:/!apps.wrd.state.or.us/apps/wr/wrinfo/vor,_details.aspx?snp_,id=101998 L.. Add TRS grouping `J a 2/14/18, 12:44 PM Page 1 0`: i COMM -w= STATE OF OREGON couwn OF YAMRILL CERTIFICATE OF WATER Maw 9113W 39 to: cerfift That MUM B. HUMM of 1.330 W. Wit Street, Sheridan , State of Oregon 97378 has a sight tothe we of the waters of South Yziddil River The point of. diverd= is vacated in the Ski NVk as projected Within J. Graves DLC. 42, Section 34, Township S South, Range- 4 lest, wil-180"o Meridian, baing 123ti feet north and 121-0 That east from the ift earner Section 34.' A description of the place of use under the right, and to which such right is appurtenant, is as f*UGW. And said right shall be subitect to all other cwtditom and thaitatiom w—%W, Wed in said decree. The right 40 the use of the water for .the puw aforesaid is restrWed to: the 1.4,84 or pl.am of use I e herei deswibed. WITMB$S the signature of the Water Resourc" D*ector, affiamd this date September 30 1980 DPW Director Recorded in State Record of Water RjgM Cerfifimt", Volume 43 49%7 ...... ± ,,. i ......... i lei „ � s � � s • P Fp § 'a SY � Pr r- R ...a 1 . ..:: ... .,..—,:S rl l MJL9V Z (Aps CCS EDITOR'S PICK 1 14,753 views I .Jul 18, 2018, 07:44am Triple Play Tax Break. New L— AN 0<� C Opportunity Zone Funds Cut Your Taxes Three Ways r Janet Novack Forbes Staff I write from D.C. about tux and retirentrn! polio/ uric: planning. ocf This story appears in the August 31, 2018 issue or Forbes. Subscribe As part of the December- 2017 Trump tax cut; an unlikely group of billionaires and politicians quietly inserted a generous and complicated neN.,v tax break designed to lure big dollars into struggling areas known as Opportunity Zones, or O -zones. About 8,700 O -zones nationN'vide, ganging from run-down inner cities to dustv rural hamlets, have already been designated. But investors who want to take advantage of the new O -zone tax scheme can't plow money into these areas directly. Instead, they must do so through qualified opportunity funds, or 0 -funds. These funds will have remarkable freedom to invest in just about anything ---from real estate to tech star t -ups ---so long as it's located in an O -zone and isn't a business Congress considers a vice. (No casinos, liquor stores or massage parlors.) Intrigued? To get started ,•ou SCl highk- app�•rciated assets and i.nyest cash equal to your capital gain into an 0 -fund. I'r,t f!oti : cl.a;•t bcloW 11lLfSti'ateS jLiSt 1i0w th1S three-part tax break could work for sorneont selling assets this year, as well as the extraordinary amount this shelter can save wealthy folks in the top income tax bracket. ��h►� �s �� MoD � y Oojw �Ay Al � N Accl Zc�< � 5 [HAI 519 s�aloiu �VI-1-g-y IN eSCleo w � �oP- _,p /, y.�i"ri Calculations: Novogradac & Company LLP for Forbes / Art: Peter and Mara Hoey for Forbes. I'm the Washington D.C. bureau chief for Forbes and have worked in the bureau for more than two decades. I've spent much of that time reporting about taxes -- tax policy, tax planning, tax shelters and tax evusion. These days, I also edit the personal finance coverage in For... MORE 2018 $1,00! 0,000 Conventional t-Z}t8' Investment Investment t I ":.:: is �.' :.,::'.:: •. i•; •,. ' Ni1r C C,i�t�}Y.2��lAAl ��tt J! .G00 Sb:SIL4:• 2026 Put ., �TLVGr+u�' �S3TO,c16 yg`, ;.f:IaY!F'n.rN'6't~i,��f?c SIsTSS,92S Tfran #rr `{oB2s .Cc ?n,. coyeV:�ns 41h,1 'tic$.)Y7 tezaa n<Yeri e Teyaan $$&d�T';!kei lora!? 14 L) YC: 11,43 $1,931,209 $1,8;5,3E8 23 71,1102,40 3 Calculations: Novogradac & Company LLP for Forbes / Art: Peter and Mara Hoey for Forbes. I'm the Washington D.C. bureau chief for Forbes and have worked in the bureau for more than two decades. I've spent much of that time reporting about taxes -- tax policy, tax planning, tax shelters and tax evusion. These days, I also edit the personal finance coverage in For... MORE **Free Not Food" Fresh Off The Grill (with any purchase) while supplies last 0 VSJ XD,,Me �j / _ r 10,K My � � d� A-11 trz ,�� > plbAITY _ > F AOA O AOHN,"02 > H E L L A S special (editions° BxorHm & sxan x� r73; f / =lEl H M�}f KAI H K1'KA01'OPW %pqE BTP Y)N74VVf1}Wr" �V V II 7FE k4LL4S V� � BpOTF�� GREECE EL- Pf glgt, ' IIIIII ul��III��III'IIIII II 6. EGWLNS SIR P.O. BOK C:115 725 ATHENS - (,7IS ST ICT X30 210 BB 1 1111 I 'NI w -Pn WFXeditions,mm . w .iacehook.aam/7tpecial on 5 206600 000906 > M. IOS ISLAND/GREECE > Iva ZOAON O AOHNAIOF HELLAS2017 �,,!•" �6 J�l /� ispecia I MEdIt10n5e�B� NYYDPEYEiAI H Ml4TYfE1F}i KAI H F:YICAOmOPl4 )mP2 BTP7� 1 L� �`'JL BRQi!$i 6 BFOTFBi f�R00UCIpfg 06iPo(30TION OR 7[ /O/ -�� 5 20660 �IIIII II�' ��I1 I000III IIIllIII1 TFE VKYI7EN CQSBdf ff BRQ1}$i 6 BIOhER 6 5iRCiLY FFiGBf®. C.... fI 6, EGNLYLS SIA PIl BOX [ii 15 125 A7}ffNs -GREECE TEL• .30 210 68185 ww7r.sPaGaiFXedttiona.eom •www.facebook.eom/apecislFXedittons O�JLY 711�j I n IOS IS/rEECE ,. .€ o �o VV� Cp1/NVL A �vjyvoo r90 - a �dS� &f ;A&l�edlb',J ' BRrnMEx & BRrnMEe OR WA We 9115 125 ATrENS - 9RKM iH: +30 210 0818095 V 3M mwFFxediiiti—.-o m .--fac4" g (a �)(/ �ge= —rw 0177 &q&�j 'Vr -- N M TNY PA (-� AV KAs 401 ciyiL �(-rDAVE- I' �� 11 G CERC G=': _.. GRIECHELAND - RECI A.z � PI FOAQN OAOHNAIOF�5H E L LAS 2017 0,80E --------------------- ----------------------------- qAl-------------------------- -- N •�i; To09Z,-4:06-w)40 CJS 'd,`�;am\.__ ,,Al L FOAQN 0AGHNAIO£ D HELLAS 2017 0.H—� M TNY PA (-� AV KAs 401 ciyiL �(-rDAVE- I' �� 11 G CERC G=': _.. GRIECHELAND - RECI A.z � PI FOAQN OAOHNAIOF�5H E L LAS 2017 0,80E --------------------- ----------------------------- qAl-------------------------- -- N •�i; To09Z,-4:06-w)40 CJS 'd,`�;am\.__ ,,Al L /�-M NUF A- (�L S //Avl D�, WuL D. -, ��J Dear Ryan, September 11, 2017 We received your DVD and thumb drive of Anne Marie's lecture at Bikram's teacher trainin=g course in 2001, and for that I am eery gra=teful. I have been wanting to contact Bilxam's organization about the possibility of finding lectures in his video archive that featured my wife, and then you send one to us. Thank you so very much. Anne Marie was diagnosed with Alzheimer's 3 years ago, and though she continues to be in great spirits, she has mental and communication impairments. She is nearly 90 and has lived an amazing life, and we are doing just fine with whatever has been served up for her at present, but she is only seeing family and close, close friends anymore. That said, we wish you much success in all your eandeavors. A Dr, of Physical Education will give you a respectabie position to create a Standard Platform to disseminate the philosophy and practice of yoga at the college and university level. You may archive this lecture of hers at USC, or anywhere for that rn.atter, for future students to enjoy and learn of the body/min=d/spfrit connection. Anne Marie certainly had an advanced understanding of the topic. I am also enclosing a copy of KAI, and story she wrote many years ago, and which we published a few years back. She --was gifted in so many ways. Enjoy. All the best to you, Ken and Anne Marie Bennstrom Weiss BELCOURT MASTER ASSOCIATION 2018 ANNUAL MEETING AND ELECTION BOARD OF DIRECTORS CANDIDACY FORM The Annual Meeting of the Belcourt Master Association will be held in October 2018 for the purpose of electing three (3) Directors to each serve a 2 -year term. If you are interested in running for a position on the Board of Directors, please complete the form below and return it to: Belcourt Master Association, c/o Progressive Community Management, 27405 Puerta Real, Suite 300, Mission Viejo, CA 92691 or fax to 949-582-7796. This form must be received no later than September 5, 2018 to be published with the Annual Meeting Notice and to be listed on the Ballot. Candidates may express their interest to serve until nominations are closed the night of the Annual Meeting. e -2 1 i NAME: Y ANS f�= 5a` ADDRESS: (/�0� PROPERTY ADDRESS:� 6L&)VXr EMAIL: ' OWNER OF RECORD IN COMMUNITY:YES NO MEMBERSHIP IN GOODSTTAN/2DING: YES NO UNSURE qy HOME PHONE: q 706 153 WORK: d1 0 '3115 yD'7 BACKGROUND INFORMATION & QUALIFICATIONS: (100 words or less, only) MY 140TTO. U (�At�) 5K- vie- Dv9. 76 A101"DW 13/ Uo l -NG Foie PAP Tb0,1W, /Ay�c/AL)7y IS G tb W 71f ANIQ //L.FS&-X VA -J-70A) DF' C Tom-` ►'1 �- you04om/�77Yat)/L ,5s� �� *LL ye) v12 YDS � S�Gv� 'MY SiAT' The members the Board Directors of of are the elected representatives of the Belcourt Master Association. Subject to limitations of the Association's Management Documents, the California Corporations Code and any other applicable law or statute as to actions which must be authorized or approved by the Members and Eligible Mortgage Holders, the Board of Directors has the authority and duty to exercise or authorize all corporate powers, control the business and affairs of the Association, and perform those duties specifically described in the Association's bylaws. Members of the Board of Directors should be interested homeowners who are able to donate a few hours of time monthly to the operation and management of the Association. Board Member positions are voluntary; and there is no monetary compensation. Please return to Progressive Community Management no later than September 5, 2018 for publication on the ballot. Thank you! Belcourt Master Association c% Progressive Community Management 27405 Puerta Real, Suite 300 Mission Viejo, CA. 92691 (949) 582-7770 fax: (949) 582-7796 amvnRprogressivecin.coin Belcourt Park Homeowners Association DECLARATION OF CANDIDACY I, KYA-" �A725A- , do hereby declare my candidacy for the Belcourt Park Homeowners Association annual election, which is scheduled to be held on October 11, 2018. Please check the desired position below: Board of Directors Inspector of Election PLEASE PRINT ,n NAME: SIGNATURE: COMPLETE PROPERTY <; ADDRESS: CITY STATE N fUJP0A_:� /bg/tVj -C4 qLp 1��p ZIP: HOME PHONE NUMBER. G�Lf Ct -706 / C� 1O ` ( WORK HONE 1Q 3?. NUMBER: CANDIDATE STATEMENT Please complete a short statement (200 words or less) regarding your qualifications. You may include work history, hobbies and why you wish to run for the Board of Directors. Candidates are encouraged to type their statements in email format as they will be distributed to the membership as presented. —Mm al -ow 1S &wAYS A 66-77-x ©AV IS M''V _Z40 T -D . yoti CAN �'6-6UAT Dyk 7 /tf6/X0W 6y Vo-r1tir, _F�O)e, 4,4,-.j TPdA% /MY SP�Cl,ei . W T11 A&0 Pkf-Sfle VON-776AJ T—A-L ::Dj J K 461) f -0-A YOM< C_-vWo, " s-rMtF-A-LL '101le Please mail to: Belcourt Park Homeowners Association VO v7S Ptf ASf c/o PowerStone Property Management 9060 Irvine Center Drive, Suite 200 -p �G11�� Irvine, CA 92618 Or fax to: 949-716-3999 Or e-mail to: morr(a)powerstonepm.com 6aTy' TROJAN of Southern California RYAN REZA FARSAI, MBA Entrepreneur /Chief Financial Strategist 310.345.4077 farsak2ftmaLcom 23276 S. Pointe Dc, Suite 100 Laguna HiUs, CA 92653 www.ampm.com www.aftapatia.com www.arCO.COM www.andeavor.com www.anheuser-busch.com www.bikramyogi.com www.bp.com www.farsai.com www.hiballer.com www.montagueandcapulet.com www.ontinessfa.org www.pacfficpharmacygroup.com www.usayoga.org www.yogaexchange.com D M Tb HOA PIM --Al &0 TS 0 UAV 0 - OAY E Fw � �,� P, fin-- �� Zu I �1 � � �N �5�c -v � Alt-- �vc�i� I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Em ZVA V—e 2A FAft--sA : Y _ - 4} 203 NIAP, ORI -7 DROP BO Va77 r 77 M In Pro Per ,� � '� A4 A / L - 60 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE JUSTICE CENTER In Re the Matter of: � (! fytY-- Role Plaintiff / Petitioner, v. Defendant / Respondent. 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