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Attorney Rick Wood plans a vigorous defense of his clients
By Catherine Billey
Mammoth Times Staff Writer
 MAMMOTH TIMES PHOTOS/ERICK SUGIMURA
This action was confirmed by attorney Rick Wood, who represents many of the merchants. For confidentiality reasons, Wood could not disclose the names of the merchants. “In the event that litigation is actually filed by either CNL or Intrawest,” Wood said, “those names will become public.”
Merchants at Lingerie Lounge, First Street Leather, Gallerie Barjur, and the Side Door confirmed that they were among the 14 served.
Wood said the notices were authored by counsel for the landlord, CNL Income Mammoth LP (CNL), by Intrawest U.S. Commercial Management Property Inc. (Intrawest). The primary owner of the Village is CNL, but Intrawest manages it.
“CNL bought an 80 percent interest in the Intrawest assets,” Wood clarified. “They continue a partnership consisting of CNL and Intrawest owning the asset.” Because CNL is a real estate investment trust and is a publicly held company, it can't manage its own assets, so in the instance of the Village, Intrawest is the property manager.
Byron Carlock, President and CEO of CNL, did not return calls for comment. In a statement issued under his name, he said although the company has tried to reach a “mutually beneficial solution for the leasing challenges at the Village,” none had occurred. “Accordingly, CNL Lifestyle Properties has followed the terms stated clearly in each tenant's lease. CNL Lifestyle Properties and Intrawest continue to review all reasonable offers from potential purchasers who have expressed an interest in the property, and remain in discussions with interested parties about other topics important to the health of the Village.”
Green “For Lease” signs are visible in the windows of stores that have closed in recent months, scattered among the businesses that remain open and are now threatened by eviction.
“I would not expect any of my clients to quit,” Wood said. “We will present a vigorous defense to any action that is taken by Intrawest to evict the tenants. We remain hopeful that we're going to be able to resolve it. But their actions as of a couple of days ago suggest that they want to create vacancies in the Village.”
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Be extra prepared and cautious |
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Thursday, 03 July 2008 |
I’m writing this article on June 25, so things may have changed drastically for the better or the worse as of publication. I just got off a conference call led by the Office of Emergency Services and Cal-Fire concerning the status of the almost 800 fires across the state, most in Northern California. At this time there are more than 170 fires still burning, and 87 that have not yet been staffed (they continue to burn). To make it even scarier, we are supposed to get more dry lightning.
During times, like this, the "draw-down" of fire resources is huge. The State of California can muster more engines, crews, bulldozers and aircraft than any other state and now the vast majority of these resources has been committed. The County OES Coordinators all said the same thing: "We do not have hardly anything else to send." One Chief in Mendocino County said, "We’re doing everything we can, our local resources are completely committed. I have no resources in the station....the fires are too numerous to count for us."
So what does that mean for Mammoth and Mono County? We will have very little assistance if we have a major fire. We will need to rely on our local area fire departments and federal cooperators. We will "jump" on every fire and hit it hard, but if it gets past us, we are in deep trouble.
That is where you come in. Although we have asked you to be prepared, during these fire sieges you need to be extra prepared and cautious.
∑ Now is not the time to leave the BBQ unattended or light that big bonfire in your backyard.
∑ It is also not the time to be using fireworks or let your kids use fireworks.
∑ Don’t smoke in the woods or grassy areas.
∑ Really think about fire safety and talk it over with your entire family.
A fire of 100,000 acres started as a spark, an ember, or a discarded cigarette. Except for lightning-caused fires, someone started it.
All the preceding sounds ominous and dire, but this is an area subject to devastating wildland fires. Some of my relatives from the Midwest asked me how we do it... we do it a lot better than running down to the cellar when there is a tornado warning.
On a somewhat happier note, the community is really starting to step up and work hard on defensible space. I see crews and property owners all over cleaning up and hauling the debris off. We have crews out chipping every Saturday and they can barely keep up with the work load. But this is a good problem. Make sure you call the Fire Department (760-934-2300) if you need a pile chipped. Also, the Town has a list of contractors that will be more than happy to help you clean up your property, for a fee. Thank you!!
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Last Updated ( Thursday, 10 July 2008 )
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