03/28/1978 - Laserfiche WebLink

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.. further stated that he was only requesting the Agency to allow him to remain in the Mortuary building. . The Executive Director stated that part of the agreement to sell to First Federal was that the renovation would be considerable. He fur- ther stated that the Agency entered into this transaction based on the agreement that the building was to be vacant, due to the fact that the owner had reported to the Agency that it would be vacant. The Executive Director reported that if Mr. Lamb became further involved in a legal battle over the sale, the Agency may choose to withdraw from the project altogether. Agency would then acquire by condemnation only that portion of land needed for the Park-And-Ride facility and allow Lewis, Lamb, and First Federal work out their own settlements. Mr. Ortiz made a motion to receive the oral comments as presented. Mr. Bricken seconded and the motion was approved by the following roll call vote: AYES: NOES: ABSENT: Brandt, Bricken, Evans, Garther, Ortiz Yamamoto Ward Prior to adoption of the motion, much discussion ensued. Mr. Bricken . questioned Mr. Lamb as to why he had waited to make his bid until after the agreement was finalized. Mr. Lamb responded that in spite of citizen support to prevent the building from being demolished, Mr. Lewis' asking price continued to be $750,000. He stated that the date of February 28,1978, was when he first discovered that First Federal was purchasing the pro- perty for $270,000--a price the Mortuary could afford to pay. This delay of discovery, he contends, was caused by the misinformation he received from Mr. Ward and Ms. Shick as he previously stated. Mr. Bricken informed Mr. Lamb that all the actions referred to were all handled in a public place and manner. Therefore, he could still not understand how Mr. Lamb only just discovered this information on February 28,1978. Mr. Robert F. Waldron of 550 Golden Circle Drive, Santa Ana and attorney for the property owner, Mr. Lewis, presented a brief report informing the Agency that Mr. Lewis has a lease with Mr. Lamb and a lawsuit on that lease. Further, he stated, almost a year ago Mr. Lamb informed Mr. Lewis of his desire to vacate the premises within six months. . Also, he stated, the lease Mr. Lamb is referring to was dated as signed on January 23,1978. The agreement Mr. Lewis has with the Agency dated January 9,1978 is to sell Mr. Lewis' property to the Agency. Mr. Lewis intends to honor that agreement and is relying on the fact that the Agency is going to honor that agreement also. Legal action is not being ruled out as a possible means to meet the conditions of the agreement. Mr. David Casnocha of 401 Civic Center Drive West, Santa Ana and at- torney for Mr. Lamb then presented a brief report explaining that Mr. Lamb is indeed aware of the agreement to sell to the Redevelop- ment Agency that is contained in his lease agreement. He emphasized, however, that Mr. Lamb did not learn of such until it was too late to acquire the property from Mr. Lewis. Mr. Lamb, he further stated, is willing to preserve the Mortuary and would like the opportunity to purchase the property. Mr. Evans stated that he would be in support of the demolition of the building to solve the problems if necessary. Mr. Yamamoto put forth a substitute motion to refer the issue to Staff . and City Attorney for review and then Agency could vote on the issue. The motion failed due to lack of a second. 4.