September 9, 2005

URGENT LEGAL BULLETIN
 
On 9/8/05, Frank Iwama <frankiwama@gmail.com> wrote:

Oscar,

Pursuant to CWP's request, I have reviewed the letter (certified - return receipt requested), dated September 7, 2005, from Pete Lucero, Lake Berryessa Park Manager, addressed to long-term permittees with trailers and/or personal property located at Pleasure Cove Marina.
 
BOR's letter advises: "THIS LETTER IS TO FORMALLY ADVISE YOU THAT all permittees with trailers and/or personal property on the federal estate are required to enter into a rental agreement with PCM (Pleasure Cove Marina, LLC) and pay any outstanding rent by September 19, 2005, for the continued use and access to the resort.  Should a permittee refuse or fail to enter into a rental agreement, access can be denied until the rental agreement is signed and all accounts are current." 
 
BOR's letter orders the permittes to take the following actions by September 19, 2005: 1). Sign the Site Rental Agreement (submitted as an attachment to Forever Resorts' letter dated July 20, 2005); and 2). Pay the initial security deposit ($450) and site rental payments due for each month to date, beginning with the effective date of June 1, 2005.  BOR warns permittees that refusal or failure to comply with the order can result in the denial of access to the resort until the rental agreement is signed and all accounts are current. 
 
I recommend affected long-term permittees to take the following actions to protect their private property rights at Pleasure Cove:
 
LEGAL ACTION PLAN
 
1. Do not sign the Site Rental Agreement submitted by PCM.[By signing, long-term permittees are consenting, either by acknowledging or waiving any objection, to the terminDo not sign the Site Rental Agreement submitted by PCM. ation date of November 1, 2005 in the Agreement.  See Paragraphs 2 (Term) and 3.b (Intermittent Recreational and Noncommercial Use)];
 
2. Be prepared to pay the amount of the security deposit and past due and current month's site rental payments into a secure trust account held by an independent third party to be made availabe for distribution to PCM/BOR upon the satisfactory resolution of the pending dispute or pursuant to court order;
 
3.  Before BOR's deadline date of September 19, 2005, CWP, on behalf of affected long-term permittes, will either negotiate an extension of the deadline date with BOR or take appropriate legal action against BOR to obtain a court ordered stay of the deadline date for the purpose of addressing the legality of BOR's authority to order removal of personal property owned by long-term permittes on the  November 1, 2005. 
 
Please remember the following critical BOR deadline dates: 1). September 19, 2005 (only 11 days); and 2) November 1, 2005 (only 54 days). 
 
The affected long-term permittees may be relatively small in number but as a united and dedicated group you have the power to challenge BOR's unlawful actions.
 
Please contact me if you have any questions.  Best regards.
 
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com