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Home My WebLink About15 - Newport Beach Country Club (PA2008-152) - CorrespondenceItems 14 & 15 Exhibits A & B of PC Texts Item 14: CC 13 Exhibit A Item 15: CC 14 `E7 Inj P1 Q i• O tp 9� f �9 tp F �-9 ;T }fWy F A p� Bowie �OwE TfR - ===rO? �py' � �YS� �R a Fe Exhibit B P\ Zr h 4 i <1 Golf Course Golf Clubhouse & Parking Lot Sq� 4Y��4 R 20 4 Z 2 Tennis Clubhouse, Bungalows & Villas Sq� C't. fl�gr, A W J .,i Z m V � i A m A Pq Q 899ft A MICHAEL RECUPERO, ESQ. January 24, 2012 Honorable Council Members, Newport Beach City Council C/O Leilani Brown, City Clerk CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 BY ELECTRONIC MAIL ONLY TECEIV17 AFT R ENDA PRINTED:" �� Re: January 24, 2012 City Council Items 14 and 15: Golf Realty Fund (PA 2005 -140) and Newport Beach Country Club, Inc. (PA2008 -152) Dear Honorable Councilmembers; Although documentation confirming the shared ownership status of the properties affected by above- referenced projects ( "Properties') has already been lodged with the City (and is a matter of public record), I thought it would be prudent to provide with you relevant portions of the recorded Owner's Agreements for both projects for your consideration and file. As reflected herein, fifty percent of each of the Properties is owned by entities other than Golf Realty Fund. These entities, including the Fainbarg Family Trust, Mira Mesa Shopping Center- West, LLC, and Mesa Shopping Center East, LLC, are managed by my clients, Mr. Elliot Feuerstein and Mr. Irving Chase. Thank you. Sincerely, Michael Recupero, Esq. Ecc: Mr. Elliot Feuerstein and Mr. Irving Chase Kimberly Brandt Leome Mulvihill, Esq. 31879 Del Obispo St. - Suite 204 • San Juan Capistrano, CA 92675 -3228 Ph: 949429.6300 '• Fax: 949.4296303 O Hill Properties One Upper Newport Plaza Newport Beach, CA 92660 THE I OF THIS DUCUHENT ?�A5 RECORDED OR it -.lU ?1 -1993, BdCUr`fclkk 11UMEU 93-1$93474 LEE A. RA,'1CH, COW"M REC6im ORANGE COUNTY RECORDER'S WICE o. nE & A� a � � n =. a9 for NEWPORT BEACH COUNTRY CLUB Newport Beach, California This Agreement Between Real Property Owners ( "Agreement ") is entered into by and between 0 EM Properties, a California limited partnership ( "O Hill"), the Fainbarg Family Trust dated April 19, 1982 ( =') and Mesa Shopping Center -Past, a California general partnership ( "Mesa "). O Bill, FFT and Mesa are sometimes referred to singularly as an "Owner" or "party" or collectively as the "Owners" or "parties ". RECITALS A. The Owners desire to own, lease, manage, maintain, refinance, encumber and hold for investment, as tenants in common, that certain real property comprising approximately 132 acres with improvements thereon, commonly identified as Newport Beach Country Club located at 1600 East Pacific Coast Highway, in Newport Beach, California and legally described in Exhibit "A" attached (the "Property"). B. The Owners have discussed the co- ownership of the Property and have concluded that to avoid conveyancing and ownership problems created by death, marital or other dissolution, bankruptcy or insolvency, disputes and the like, it is in the best interest of each Owner that the holding of the Property be governed by an agreement which defines the rights and duties of each Owner in the form of this Agreement. C. The Owners also believe it necessary and appropriate to have one Owner be the managing Owner for purposes of accounting and administration. NOW, THEREFORE, in consideration of the foregoing Recitals and the conditions and covenants hereinafter contained, the Owners hereby agree as follows: D. At this time, Exhibit "B" attached hereto and by this reference incorporated herein reflects the ownership interests in the Property. E. It is the purpose of this Amendment for Mira Mesa -West and NBCC Ltd to assume and agree to be bound by the terms and conditions of the Original Agreement, NOW, T MREFORE in consideration of these Recitals and the conditions and covenants hereinafter contained, it is agreed as follows: 1. Mira Mesa -West and NBCC Ltd hereby acknowledge having received a copy C _ of the original Agreement, having read the Original Agreement and agree to assume the duties imposed upon owners of the Property thereunder and to be bound by each and every term and condition of the Original Agreement. 2. Except as amended hereby, the Original Agreement shall remain in full force and effect. EXECUTED as of March 12, 1993, at Newport Beach, California. Owners: m Hill Properties, a California limited partnership By: Robert 0 HW, its General Partner The Fainbarg gust, dated April 19, 1982 By: CU&I,�,�1w'�� fiz Allan Fainbarg, Trustee Mesa Shopping Center -East A California General Partnership By: O 'L& Arnold D. Feuerstem Managing General Partner By :,eC,t 8 tt f �3 a bra+ Mot Feuerstein Managing General Partner Mira Mesa Shopping Center -Vilest A California General Partnership By; �`Gd 7GU BY: N Sara Fambarg, Trustee / Arnold D. Feuerstein Managing General Partner By: `C Elliot Feuerstein Managing General Partner [tJ Newport Beach Country Club, a California limited partnership By: 0 Hill Properties, a California limited partnership Its General Partner W) EXIIIiBIT "A° Parcel 1 of Parcel Map No. 79 -704, in the City of Newport Beach, County of Orange, State of California, as per Map filed in Book 152, Pages 17 to 20, inclusive, of Parcel Maps, in the office of the County Recorder of Orange County. Parcel 3 of Parcel Map No. 79 -704, in the City of Newport Beach, County of Orange, State of California, as per Map filed bn Book 152, Pages 17 to 20, inclusive, of Parcel Maps, in the Office of the County Recorder of Orange County. I E+XEill IT nBn CDWI�1f25Y�P IIN"3'El[tPST IN T� P3�:Q3P)v�Ti' (First rlanendgnent) Name and Address of Owner Interest in Property O Hill Properties One Upper Newport Plaza Newport Beach, CA 92660 Attn: General Counsel Allan and Sara Fainbarg, Trustees of The Fainbarg Family Trust dated April 19, 1982 890 W. Baker Costa Mesa, CA 92626 Mesa Shopping Center -East c/o Arnold Feuerstein 2293 W. Ball Road Anaheim, CA 92805 Mira Mesa Shopping Center -West c/o Arnold Feuerstein 2293 W. Bail Road Anaheim, CA 92805 With a copy of any notices to: Mesa Shopping Center -East Mira Mesa Shopping Center -West c/o Elliot Feuerstein 8294 Mira Mesa Blvd. San Diego, CA 92126 Newport Beach Country Club, a California limited partnership One Upper Newport Plaza Newport Beach, CA 92660 Attn: Robert O Hill 25% 25% 15% 10% 25% 0 RECORDING REQUESTED BY AND iiU'kj 4a�J Air WHEN RECORDED RETURN TO: 4— MAY. -•i 994 012'.26 - , O Hill Properties Recorded in Official Records One Upper Newport Plaza 0 !Jra119e coulttyr ralifornia Newport Beach, CA 92660 Lee A. $ranch, Cbkrt Reramir Pale l of i eest 11 (Spat AGREEMENT BETWEEN REAL PROPERTY OWNERS BALBOA BAY CLUB RACQUET CLUB o_ Newport Beach, California This Agreement Between Real Property Owners ( "Agreement ") is entered into by and between 0 Hill Properties, a California limited partnership ( "0 Hill"), The Fainbarg Trust dated April 19, 1952 ("TFT" ), Mesa Shopping Center -East, a California general partnership (Mesa - East), Mira Mesa Shopping Center -West, a California general partnership ( "Mira Mesa - West"), and Newport Beach Country Club, a California limited partnership ( "NBCC Ltd "). O Hill, TFT, Mesa -East, Mira Mesa -West, and NBCC Ltd are sometimes referred to singularly as an 'Owner" or "parry" or collectively as the "Owners" or "parties ", RECITALS A. The Owners desire to own, tease, manage, maintain, refinance, encumber and hold for investment, as tenants in common, that certain real property comprising approximately 6.099 acres with improvements thereon, commonly identified as Balboa Bay Club Racquet Club located at 1602 East Pacific Coast Highway, in Newport Beach, California and legally described in Exhibit "A" attached (the "Property"), B. The Owners have discussed the co- ownership of the Property and have concluded that to avoid conveyancing and ownership problems created by death, marital or other dissolution, bankruptcy or insolvency, disputes and the like, it is in the best interest of each Owner that the holding of the Property be governed by an agreement which defines the rights and dudes of each Owner in the form of this Agreement. C. The Owners also believe it necessary and appropriate to have one Owner be the managing Owner for purposes of accounting and administration. 6/10/93 to Parcel 1: That portion of Block 93 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, as per Map recorded in Book I Page 88 of Miscellaneous Maps in the Office of the County Recorder of said County described as follows: Lot A as shown on that certain Parcel Map filed October 10, 1967 in Book 10 Page 20 of Parcel Maps in the Office of the County Recorder of said County, and Parcels 1, 2 and 3 as shown on that certain Parcel Map filed February 11, 1977 in Book 92 Pages 13 and 14 of Parcel Maps, in the Office of the County Recorder of said County. Parcel 2: As easement for ingress and egress over the most Southerly 190.00 feet of Parcel 1, in the City of Newport Beach, County of Orange, State of California, as shown on that certain Parcel Map filed October 10, 1967 in Book 10 Page 20 of Parcel Maps, in the Office of the County Recorder of said County. N EXIIIEIT nBn OWNERSIRP INTEREST IN THE PROPERTY Name and Address of Owner Interest in Property Allan and Sara Fainbarg, Trustees 25% of The Fainbarg Trust dated April 19, 1992 890 W. Baker Costa Mesa, CA 92626 Mesa Shopping Center -Fast 15% c/o Arnold Feuerstein 2293 W. Ball Road Anaheim, CA 92805 Mira Mesa Shopping Center -West 10% c/o Arnold Feuerstein 2293 W. Ball Road Anaheim, CA 92805 With a copy of any notices to: Mesa Shopping Center -East c/o Elliot Feuerstein 8294 Mira Mesa Blvd. San Diego, CA 92126 Newport Beach Country Club 25% One Upper Newport Plaza Newport Beach, CA 92660 Attn: Robert 0 Hill O Hill Properties 25% One Upper Newport Plaza Newport Beach, CA 92660 Attn: Robert O Hill R[ CRVEG iir 1� � MICHAEL RECUPM,41J . 3 AMlo:ua , Yf1� OF CITYC -J B =AGf' January 19, 2012 Honorable Council Members, Newport Beach City Council C/O Leilani Brown, City Clerk CITY OF NEWPORT BEACH 3300 Newport Boulevard Newport Beach, CA 92663 BY ELECTRONIC MAIL AND U.S. POST (CERTIFIED MAIL) Re: Tanuary 24 2012 Cft Council upcoming items Newport Beach Country Club Inc. (PA2008 -152) and Golf Realty Fund (PA 2005 -140) Dear Honorable Councilmembers: This letter is written on behalf of one -half of the fee ownership of the Newport Beach Country Club and Tennis Club' (the "Properties ") which you are considering for entitlement on Tuesday, January 24, 2012. Newport Beach Country Club (PA2008 -152). We reiterate our support for the Newport Beach Country Club, Inc. plan as a reasonable exercise of our tenant`s authority to improve the leasehold interest. The architecture, design and layout of the plan are well thought out, and accommodate their operations well. We are supportive of the Planning Commissions' approval of the narrowed, one- way, drive aisle parallel to Pacific Coast Highway ( "PCH ") which creates an expanded landscaped buffer and further separates the Club parking lot from PCH. As the testimony at the Planning Commission illustrated, this feature preserves critical longstanding benefits for both the tenant and the adjacent nursery who rely on the access for their business' success. Lastly, we have heard no cogent reason from Mr. OHill as to why he was attempting to entitle a separate clubhouse on the Country Club site, to the detriment of our tenants. 'The Fainbarg Family Trust (managed by Irving Chase), the Mira Mesa Shoppping Center -West, and the Mesa Shopping Center -East (managed by Elliot Feuerstein), collectively own 50% or the Properties. 31877 Del Obispo St. • Suite 204 • San Juan Capistrano, CA 92675 -3228 Ph: 949.4'- 9.6300 • Fax: 949.429.6303. City of Newport Beach January 19, 2012 Golf Realty Fund (PA2050140). This project has been processed to the exclusion of my clients. As the City file will reflect, my clients maintain that: a) Robert OHill, or his associated entities, including Golf Realty Fund, do not have the unilateral authority to go forward with this application, or entitle this property without the consent or input of the co- owners; and, b) Robert OHill has been removed as the Managing Owner of both NBCC and Tennis Club Properties. (Mr. OHill is contesting his removal.) Both of these topics are the subject of litigation scheduled to commence by arbitration on April 2, 2012. We would, once again, ask that the City consider postponing a decision on this project until these issues get worked out. In the event the City is inclined to push forward we, again, demand that any encumbrance on the Property, including the Development Agreement, require the consent of all the owners of the property. For reasons that are not understood, the Development Agreement for the Tennis Club property was changed between the date of Planning Commission approval and the new proposed version to delete important protections for my clients — essentially paving a path for Robert OHill to unilaterally encumber the land without the owners' written consent. We believe this is inconsistent with the law, and an appropriate topic of inquiry at the upcoming hearing. Thank you for your consideration. Sincerely, Michael Recupero, Esq. Ecc: Elliot Feuerstem Irving Chase John Olson, Esq. Kimberly Brandt Leonie Mulvihill, Esq. PAGE 2 MICHAEL RECUPERO, Esq. RECEI\ /EG 2012 JAPE 18 M 10: 44 CC O" T �E 17 Y CIEEK 13 2012 CI?M i F ';z 8 =�) Vuary Office of the Mayor, Mayor Nancy Gardner City of Newport Beach 3300 Newport Boulevard Post Office Box 1768 Newport Beach, California 92658 -8915 Dear Mayor Gardner, The Newport Beach Country Club, Inc. is proposing to replace the aging Newport Beach County Club golf clubhouse. Our proposal is scheduled for the January 24th City Council hearing and we would like to offer you an opportunity to meet with the Newport Beach Country Club project team before the January 24th hearing so that we can brief you on our proposal. We have been working with the City of Newport Beach Planning staff for over three years and were very pleased to receive a recommendation for approval of our project by City staff and then to receive the November 17th Planning Commission's recommendation that the City Council also approve our plans. Our plan for the reconstruction of our clubhouse at the Newport Beach Country Club is straightforward. However, we would appreciate the opportunity to provide you a briefing on our project because of the complexity created by a competing application filed by Golf Realty Fund, Inc. which is also scheduled for City Council consideration on January 20. We are happy to have the briefing at the Newport Beach Country Club or at a location of your choosing. We would also suggest briefings in groups of two or three Council Members if that is agreeable. We would like to set the briefings for early next week as I will be out of town next Friday. I look forward to hearing back from you Thank you, S I•M David C. Wooten, Chief Executive Officer Newport Beach County Club 949- 630 -4505 T H E NENN'L'ORT BEACH C O U N T R Y C L U 6 1600 East Pacific Coast Highway • Newport Beach, Cahfomia 92660 • (949) 644 -9550 • Fax (949) 644 -5057 wwwmewportbeachcc.com ArBlsinmg carr°de n centers 'An Employee -Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740-4673 (626) 914 -1091 Fax (626) 335 -0257 January 12, 2012 Newport Beach City Council Re: Newport Beach Country Club Improvements Affecting Armstrong Garden Centers Located at 1500 East Coast Hwy., Newport Beach, CA 92660 Dear Esteemed Council Members: I am the Vice President of Operations for Armstrong Garden Centers, including the location immediately north of Newport Beach Country Club. I respectfully ask for your support of the site plan approved by the Newport Beach Planning Commission on November 17, 2011. The approved site plan includes a critical access way to our Garden Center. I have had many opportunities to see the financial impact of temporary access closure to our garden centers. Unfortunately, they typically result in a 25% decline in our revenue. While these temporary losses in revenue can, and must, be absorbed, a permanent loss in revenue cannot be. Our customers insist on convenience and a visit to our Newport Beach location will no longer offer that convenience without access to a traffic signal that allows a left or right turn onto Coast Highway. Another major concern that outweighs convenience is safety. We receive multiple deliveries on a weekly basis and due to the high rates of speed motorist maintain on this stretch of Coast Highway, there is a great safety concern with delivery trucks attempting to merge in to oncoming traffic from either of our driveways. Access to the traffic signal at the entry to the Country Club eliminates these safety concerns and provides a safe right -of -way for delivery trucks, our customers, and the residents of Newport Beach. We enjoy doing business in Newport Beach, but if we were to lose this access way, the loss of revenue, coupled with the potential safety issues would make it impossible for Armstrong Garden Centers to continue to operate in Newport Beach. Thank you for your consideration, Ian Hydoski J Vice President of Operations Armstrong Garden Centers Inc IH:eam Arjqsirong Garden Centers An Employee -Owned Company" 2200 E. Route 66, Suite 200 Glendora, CA 91740 -4673 (626) 914 -1091 Fax (626) 335 -0257 January 12, 2012 Newport Beach City Council Re: Newport Beach Country Club Improvements Affecting Armstrong Garden Centers Located at 1500 East Coast Hwy., Newport Beach, CA 92660 Dear Esteemed Council Members: I am the Vice President of Operations for Armstrong Garden Centers, including the location immediately north of Newport Beach Country Club. I respectfully ask for your support of the site plan approved by the Newport Beach Planning Commission on November 17, 2011. The approved site plan includes a critical access way to our Garden Center. I have had many opportunities to see the financial impact of temporary access closure to our garden centers. Unfortunately, they typically result in a 25% decline in our revenue. While these temporary losses in revenue can, and must, be absorbed, a permanent loss in revenue cannot be. Our customers insist on convenience and a visit to our Newport Beach location will no longer offer that convenience without access to a traffic signal that allows a left or right turn onto Coast Highway. Another major concern that outweighs convenience is safety. We receive multiple deliveries on a weekly basis and due to the high rates of speed motorist maintain on this stretch of Coast Highway, there is a great safety concern with delivery trucks attempting to merge in to oncoming traffic from either of our driveways. Access to the traffic signal at the entry to the Country Club eliminates these safety concerns and provides a safe right -of -way for delivery trucks, our customers, and the residents of Newport Beach. We enjoy doing business in Newport Beach, but if we were to lose this access way, the loss of revenue, coupled with the potential safety issues would make it impossible for Armstrong Garden Centers to continue to operate in Newport Beach. Thank you for your consideration, r 4\ Ian Hydoski Vice President of Operations Armstrong Garden Centers Inc IH:eam Friends For Good Planning Issue: Newport Beach Country Club Planned Community District i City Council Approval Dear Neighbors, Please join us in our campaign against International Bay Club's (IBC) plan to build a public banquet facility disguised as a private golf clubhouse at Newport Beach Country Club (NBCC). IBC's plan will increase traffic at the Pacific Coast Highway and Irvine Terrace intersection because of public banquet conferences center operated similar to a hotel instead of a private country club. IBC's plan will require dump trucks hauling in tons of dirt for over three months so IBC's huge public banquet facilities can be moved 100 feet closer to Pacific Coast Highway and raised approximately 10 feet above existing grade and the golf parking lot. IBC's plan will remove significant amounts of scenic golf course turf and not provide promised acres of landscaping along Pacific Coast Highway by keeping the unsafe frontage road. IBC's plan will harm rather than enhance property values of surrounding homes by creating a noisy and congested, public commercial facility across from Irvine Terrace and Granville communities. IBC is trying to circumvent the voter approved General Plan vision for NBCC with a 21,000 square foot General Plan Amendment. Please visit www.FriendsForGoodPlanning.org to learn more and join us for the Newport Beach City Council Meeting at 7:00 pm this Tuesday to show opposition to IBC's plan, and support Property Owner's Master Plan and ensure Good Planning in our City. Sincerely, • Michelle Freeman — Tennis Member — Long Time Newport Beach Resident • Brandon Birtcher — Tennis Member — Real Estate Developer — Bayshore Resident • Marisa Wayne — Tennis Member — Long Time Newport Beach Resident • Mark Schattinger — Landscape Architect — Long Time Newport Beach Resident • Chris Rodriguez — Harbor Day School Board Member — Long Time Newport Beach Resident • Ken Stuart — Owner Palisades Tennis Club — Long Time Newport Beach Resident • Paul Salata — Founder Irrelevant Week — 1994 Newport Beach Citizen of the Year