September 21, 2005
Archives
We, The People v. BORever
BOR/PLEASURE COVE MARINA PERMITTEE ISSUES
Mr. Lucero:
Thank you for the confirmation that "Reclamation has no intent to "lock out" any Permittee from Pleasure Cove Marina at this time." BOR's voluntary and good faith cooperation is acknowledged and appreciated.
This will confirm that a complaint for declaratory and injunctive relief was formally filed yesterday with the U.S. District Court, Northern District, San Francisco. The complaint seeks the court's action in declaring the rights and obligations of the parties with respect to BOR's authority to order the permanent termination of private property rights of long-term permittees on November 1, 2005, on the Federal estate located at Pleasure Cove Marina, Lake Berryessa Recreation Area. Summons have been issued and service of process on defendants is in process pursuant to court rules to initiate litigation procedures.
As I do not have Assistant Solicitor General Jim Turner's confidential inter-office e-mail address, I am communicating my request to you for BOR's cooperation in addressing the following collateral issues:
1. Bureau of Reclamation - Lake Berryessa Mobile Home, Travel Trailer, Disclosure Form Pleasure Cove - Disclosure/Agreement.doc - 3/30/2005) and Forever Resorts (Pleasure Cove Marina, LLC) Site Rental Agreement
Both BOR and Forever Resorts' form agreements contain terms and conditions requiring permittees to acknowledge and consent to BOR's permanent termination of private property rights on November 1, 2005. As this is the precise subject matter of the pending complaint for declaratory and injunctive relief, permittees have been instructed not to sign the agreements until the resolution of the U.S. District Court litigation.
Permittees stand ready, willing, and able to consider signing appropriate substitute BOR and Forever Resorts agreements that do not contain a date certain termination date and have provisions similar to other agreements ( e.g., permit to use facilities) used lake-wide at other Lake Berryessa Recreation Area resorts. These agreements contain language indicating a set term unless earlier terminated by permittee's default and are subject to renewal if the permittee observe all laws.
2. Security Deposit, Past Months and Current Month's Site Rental Payments
Subject to individual permittee disputes with the concessionaire justifying adjustments based on sub-standard concessionaire services and for other legitimate reasons, permittees, who have expressed an interest and desire to maintain site agreements at Pleasure Cove Marina beyond November 1, 2005,
stand ready, willing, and able to make site rental payments into an independent third party trust/escrow account or directly to the concessionaire under a mutually satisfactory agreement with BOR/concessionaire or pursuant to court order or court approved settlement between the parties.
3. Stipulation re BOR's November 1, 2005 Termination Date Issue
Permittees stand ready, willing, and able to enter into good faith negotiations with BOR to resolve any other collateral permittee issues at Pleasure Cove Marina as long as BOR's requirement for the November 1, 2005 termination date is not made a condition for the resolution of such issues.
I, along with Oscar Braun and CWP officers, are willing to meet with you, Mr. Turner and BOR officials at a convenient time and place, even with short notice, if it would facilitate an early, amicable, and mutually satisfactory resolution of BOR/permittee issues at Pleasure Cove Marina. Best regards.
Frank A. Iwama
Tel: (650) 591-6200
E-mail: frankiwama@gmail.com
On 9/19/05, Pedro Pete Lucero <PLUCERO@mp.usbr.gov> wrote:
Mr. Iwama,
I spoke with Solicitor Jim Turner this morning after a conversation you had with him. For your information, Reclamation has no intent to "lock out" any Permittee from Pleasure Cove Marina at this time.
Pete Lucero, Park Manager
Bureau of Reclamation - Lake Berryessa
5520 Knoxville Road
Napa, CA 94558
707-966-2111 x106
707-966-0409 fax
Support the CWP "Legal Action Fund"
NOVEMBER 1, 2005: 40 DAYS and COUNTING !
Dear Fellow Permittees & Concessionaires,
The Bureau of Reclamation (BOR) continues to insist on enforcing its unilateral order to mandate the unlawful removal of all personal property owned by private stakeholders at Pleasure Cove Resort/Marina with the assistance of its interim concessionaire, Forever Resorts, Inc. dba Pleasure Cove Marina, LLC, by the drop dead date of November 1, 2005.
As reported in local San Francisco Bay Area newspapers this past weekend, Pleasure Cove is BOR’s first targeted resort in its announced plan to unlawfully remove all personal property owned by all long-term permittees at all seven Lake Berryessa concession areas. When and where will BOR’s heavy-handed tactics be used next to unlawfully deprive long-term permittees of their property rights at
THE TIME FOR TAKING LEGAL ACTION IS NOW! Today is September 21, 2005: Only 40 days until BOR’s mandated drop dead date of November 1, 2005 for the removal of personal property owned by private stakeholders at Pleasure Cove Resort/Marina.
PLEASE JOIN THE FOUNDATION (California Watershed Posse, a non-profit 501(c) tax exempt organization) TODAY IN FIGHTING BORever’s UNLAWFUL ACTIONS IN DEPRIVING LONG-TERM PERMITTEES OF THEIR PRIVATE PROPERTY WITHOUT JUST COMPENSATION AND DUE PROCESS OF LAW.
HOW & WHEN: Join the CWP TODAY by making a one-time voluntary contribution equivalent to a one-month site rental payment to be used exclusively to defray legal fees and costs to fight BORever’s unlawful actions.
PLEASE SEND YOUR CHECK TODAY ALONG WITH THE FOLLOWING INFORMATION: Your Name, Contact Information (e-mail address preferred, Your
Thank you for joining the fight against BORever’s unlawful actions at
OSCAR BRAUN, Executive Director (Who We Are)
"Change is inevitable...Survival is not !"