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Home My WebLink About33-City Administrator ~TY OF SAN BERtORDINO - REQUEST C))R COUNCIL ACTION D.~: February 27, 1989 Su~~: Authorize return of $2,000 cash bond deposited by Keith Mode in connection with a Letter of Agreement executed March 4, 1987 concerning an apartment complex located at 1721 N. Cone;o Drive. From: James E. Robbins Acting City Administrator ~: Administrator's Office Synopsis of Previous Council action: 7-20-87 The appeal filed by Louis Arias of L.Y.W. Investment Company relative to rescinding the action of the Board of Building Commissioners taken February 6, 1987, to demolish an existing apartment complex located at 1721 N. Conejo Drive was approved, thereby reversing the decision of the Board of Building Commissioners. Recommended motion: That the return of the cash bond deposited by Keith Mode in connection with a Letter of Agreement executed March 4, 1987 concerning an apartment complex located at 1721 N. Conejo Drive be approved and that the City Attorney be directed to prepare a release to be executed by Mr. Mode prior to the release of the cash bond. ./ Signature Contact person: JAMES E. ROBBINS Phone: 5122 2 Supporting data attached: YES Ward: FUNDING REQUIREMENTS: Amount: $2.000.00 Source: (Acct. No.) 772-999-59999 Finance: . Council Notes: Anpnn;i ItAm Nn_~ CITY" OF SAN BERNCRDINO - REQUEST lOR COUNCIL ACTION STAFF REPORT On June 24, 1988, a check in the amount of $2,000 was re- ceived from Keith Mode. This check was a cash bond for payments to be made to Gerald W. Dripps. The bond would be returned upon receipt of a notarized release from Mr. Dripps verifying that payments and other demands had been resolved. The letter (see attached) also provided that if Mr. Dripps could not be located by December 22, 1988, the Mayor and Common Council could authorize the return of the $2,000. Mr. Mode has verbally requested the return of the cash bond. The five items of concern and noted in the March 4, 1987 Letter of Agreement to Mr. Dripps are as follows: 1. Five Hundred Dollars ($500) for car damage deducti- ble. 2. One Hundred Eight Dollars ($108) for removal of vermin. 3. Seven Hundred Dollars ($700) toward refurbishing his pool. 4. A recorded easement of ingress and egress on 17th Street for tenant's access living in his back apartment. 5. Replacement of shrubs removed by the previous owner with five (5) gallon-can plants of similar species. The matters relating to Tina Gonzales have been resolved. The matters relating to the property are being addressed with the $4,500 cash bond. Neither of these issues affect Mr. Dripps and Mr. Mode's portion of the agreement. Letters have been sent to Mr. Dripps. He is not at the address listed nor have the letters been forwarded. The property has been repossessed by the mortgage company and sold to Taibibi Ahmad, 13111 Ventura Boulevard, studio City, California. . Of the five items, three were to be cash payments to Mr. Dripps. They cannot be made since he cannot be found. The fourth, a recorded easement, was in fact recorded #3486. The fifth item was replacement shrubbery which was not done. The requirement for the shrubs did not convey with the property. Based on the above, it is respectfully recommended that a release be prepared by the City Attorney and when executed by Mr. Mode a check for $2,000 be presented to him consistent with the Letter of Agreement. Attachments: Letter dated June 24, 1988 Letter of Agreement dated March 4, 1987 75-0264 to" . '\ o C I T 'f' 0 F San l)ernardino o , OP'ICI 0' T". ..'0. EVLYN WILCOX .. A Y 0 II Jun. 24, 1988 Mr. K.ith Mod. 15561 Palomino Driv. Chino, CA 91709 ~ S91-17"?r' ~.:;t'7~ O?V;J. Dear Mr. Mod.: 'l'his 1.tt.r is to acknowl.dq. r.c.ipt of ch.ck . 202, drawn on your account . 0202-002-10715 (Vin.yard National Banlt) in the amount of $2,000. . 'l'his amount 18 b.inq acc.pt.d and plaCed in a .uspens. trust account in li.u of a notarized r.l.as. froa Mr. Gerald W. Dripp. for the purpo.. ofm..tinq the intent of the Lett.r Aqr....nt dated March 4, 1987, and am.nded April. 15, 1987, betw..n L.Y.W. Inv.stm.nt Coapany, Gerald W. Dripps, and Tina Gonzal.s and a.siqn.d to con.jo 1721 Apartm.nts, a California Gen.ral partn.rship. It i..und.rstood. that the full amount of $2,000 will be r.turn.~ to you 'upon r.c.ipt of a notarized r.l.a.. froa Mr. G.rald W. Dripp. v.rifyinq that all deaands aqr.ed upon in the afor...ntioned Lett.r Aqr....nt have b..n r..olv.d. , i It 18 furth.r und.rstood that in the .v.nt that Mr. Dripps can not b. locat.d and said Lett.r Aqr....nt s.ttledon or b.for. D.c.mb.r 22, 1988, you .ay r.qu.st to b. h.a:d b.tor. the Mayor and Co_on Council ot the City ot San B.r: ardino and ask that th.ir pr.vious d.cision to include the ?ortion of the ator...ntion.d Lett.r Aqr....nt that pertain, to Mr. Gerald Cripps in th.ir C.rtiticat. ot Occupancy con, Ltions b. waiv.d and that the sum ot $2,000 pr.sently beinq hlld in a city suspens. trust account b. r.turn.~ to you. ~l,/2.___/~ Patti Goi(;i.r- Mayor'S Administrativ. Assistant CCI Mayor Evlyn Wilcox, Councilman Jack R.illy, C.puty City Administrator Ji. Richardson 30Q ~OI:l"toI ::) ST::!eET S"'~ BEAJI.IAAOINO CA1.1FOANIA '24115.0001 7f.,I...."1 ~. " _.' ----- .' .. .~-=~.., .:9.,...~' .r, ~'. ._-'. . ..~- . a. ~,? _. . ,~" o o , . . March 4, UI7 , . . ~. Gerald W. Dr1pp. 1"5 Con.jo Driv. San Bernardino, California '2404 Mr.. Tina eon.ale. 135' ".t 17th Street San .er"ard1no, California 92404 Ie I LZ'l"l'11t AGRlIMIN'l' " 'I I ~ " A . . -:I- ~'.' ".TI-",- 't ,.-.' Deal' Nei,hbon I Th1. will confirm the a,reement reach.d on March condition that the City of S.n .ern.rdino v.cat. the next City Council Meetin,. In con.ideration for the withdr.wal of objection. to the 14-unit apartment complex, to,eth.r with the encroac~ment r..ultin, froa the construction" thereof, LYW Investment Co~p.ny .,1'... to accomplish the followin, t.sks prior to obtainin, the C.rtific.te of Occup.ncy for the .p.rtment complex: . "'~.. "~ 3, 1117 Oft tM. 17th 'ueet at " ~.i. " ,- "-! 1. '1'0 Tin. Gonzal.. a. Sum. n.c....ry to put in a c.ment driveway which will include a driveway comp.rable to the exi.tin, driveway (i.e., h.ve. .1id1n, ch.in link ,.te .nd 11gh~. coaparaDle ~o ~he .x~.t1ng gate and 119h~.1 and . driveway continuation to permit her to turn "', U01lftd in tront Q.f her q.we~ beiu..""'t. __1/1'\ ~. ~r. ,., """ Ur'w"""'. ~'N RlleNT till C ..........c.. .... b. Attorn.y fee. in the .um o~'Three Hundred Dollar. ($300.00) to be paid to '.ula Forthun. 2. '1'0 Gerald W. Dripp. a. Five Hundred DOllar. ($500.00) for car damage deductible. b. One Hundred Ei,ht Dollar. ($108.00) for removal of vermin. Inc .",,...111" .... ~ .., ...--....-. . ..... - , , . . o 1. . ( II&' . and 11&'1. TiM IlUcb 4, 1M' 'ate Two .. D1"1pp. o \ - \ \ c." Sev.n Bundr.d Doll'l"l ("00.00t tow.rd r.furbl.hln, h1l pool. d. A r.corded ......nt of 1ft,r... and ..r... on 17th Stl"..t for t.n.nt'. .cce.. l1vin, 1ft hi. back .partMnt. e. Ite,l.ce..nt of .hrub. l"eIIOved by the ,reviou. ~ with fly. (5t ,.110n-can plant. of .1811al" '1*:1..., . .. ,'oi. ,.- '1'vo Ut 11,hU will b. lnn.lled on the buUdlllt 1ft ," ."~"~t.:, qu..tion to h.l, 111umin.t. 11th Street. . ._ . . ~:~... . .:-~, . . o. _ 3. A. to the .p.rtlMnt complex property .. ;~ Th. str..t wl11 be refinish.d to it. prev10uI condition .nd pur.u.nt to lui1d1n, and Saf.ty specific.tions. Attorn.y.' re.. In the .v.nt th.t .ny .ction is n.c.ssary to en fore. .ny of the t.rms of this .'r....nt .. b.tw..n the partl.. with r..p.ct to this .'r....nt, the pr.v.l1in, party .h.ll b. .ntitled to re.son.ble .ttorn.ys' f... .nd co.t. .. are required to f.cilit.t. the ..ttlement of the di.put. or liti,.tion for the r..olutionof the dispute . Accept.d and a,r.ed: .' .y'l.~~'yr IY:~~r~ By~'1I!r b'fflAAPM :~nza .. . , ~- 4. Date: , . Date~-~ ,;;/,q-? D.te: ~/S:-/87 I -