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Home My WebLink About44-City Administrator -,._~"'".._~~ ~ITY OF SAN BERtGRDINO - REQUEST Q)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. Coneio Drive. From: James E. Robbins Acting City Administrator Dept: 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. Racommended 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. i I I I I I. I I ! ,/ Signature Contact person: JAMES E. ROBBINS Supporting d~ atteched: YES Phone: 5122 2 Ward: FUNDING REQUIREMENTS: Amount: $2.000.00 Source: (Acct. No.1 772-999-59999 Acct. Descri tion Tr Finance: Council Notes: A ___-1_ 1...__ 11.1_ gq CITY. OF SAN BERtGRDINO - REQUEST Q)R 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 Street for apartment. 5. Replacement of shrubs removed by the previous owner with five (5) gallon-can plants of similar species. easement of ingress and egress on tenant's access living in his 17th back 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 . -. -"'------ . o 0 C IT..,. 0 F San Bernardino o....,c. 0" TN. MAYO" EVLYN WILCOX .. " , 0 " Jun. 24, 1988 Mr. K.ith Mod. 15561 Paloaino Driv. Chino, a 91709. Dear Mr. Mod. I This l.tt.r is to acknowl.dq. r.c.ipt of ch.ck . 202, drawn on your account . 0202-002-10715 (Vin.yard National Bank) in the amount of $2,000. This amount is ~.inqacc.pte4 and place4 in a suap.ns. trust account in li.u of a notarize4 r.l.as. froa Mr. Gerald W. Dripps for the purpose of ...tinq the intent of the Lett.r Aqr....nt dat.d March 4, 1987, and ...nde4 April 15, 1987, ~.tw..n L.Y.W. Inv.stm.nt co~any, G.rald W. Dripps, and Tina Gonzal.s and assiqne4 to con.jo 1721 Apartm.nts, a california Gen.ral partn.rship. It is.un4.rstood that the full amount of $2,000 will ~ r.turn.d to you.upon r.c.ipt of a notarize4 r.l.as. froa Mr. G.rald W. Dripps v.rifyinq that all d...nds aqr..d upon in the ator...ntion.d Lett.r Aqr....nt have b..n r.solv.d. It is furth.r und.rstood that in the .v.nt that Mr. Dripps can not~. locat.d and said Lett.r Aqr....nt..ttled on or ~.fore D.cember 22, 1988, you .ay r.qu.st to b. h.a ~ ~.for. the Mayor and co..on Council of the City of San B.r: ardino and ask that th.ir pr.vious d.cision to includ. the ?ortion of the aforemention.d Letter Aqre..ent that pertain: to Mr. Gerald Dripps in th.ir C.rtificate of occupancy con ~tionsb. waiv.d and that the sum of $2,000 pr.s.ntly b.inq he Ld in a city susp.ns. trust account b. r.turne~ to you. U;17~/~ Patti GO~l~- . Mayor'S Administrativ. Assistant eel Mayor Evlyn Wilcox, council.an Jack R.illy, Deputy City Administrator Ji. Richardson 300,..ORTM 0 ST~eel" s....,.. 8ERNAROINO CAl.l~OIllNIA 92411.0001 114"....1" ::ail" : - " -==<::: ~,.;'f. -- . :--, ,., . ..-.: ~ . ;, ~ - .-. . ."" o o ,.- ; March 4, un . MI'. Gerald W. Ddpp. 1"5 Conejo Drive leA Bernardino, California 92404 " .. .. ., :' Mr.. Tina Gonaale. 135' Ea.~ 17~h Stree~ SeA Bernardino, California 92404 .. I. LI'1"1'IJt AGUIM!NT A . - ~ .. ..1 ,. :~.n-co.- 't ~....~ .. Dear Neighborel ...~ Thi. will confirm the .greement re.ched on March 3, 1t.7 on t~ condition th.t the City of San Bern.rdino v.cate 17th 'tr..t at . the next City Council Meeting. In con.ideration for the withdr.w.1 of objection. to the 14-unit .p.rtm.nt compl.x, togeth.r with the encro.e~ment r..ulting fro. the construetionth.reof, LYW Investment Co~p.ny a,r.e. to .ccomplish the following ta.k. prior to obtain in, the C.rtific.te of Occupancy for the apartment compl.x: 1. To Tina Gonzal.. a. Sum. n.c....ry to put in . cement driveway which will includ. a drivew.y compar.ble to the exi.ting driveway (i..., have a .liding ch.in link qat. and litht. coap.rable to the .x1.t1~, ,ate and li,ht.) eAd a driveway conUnuation to p~nlit her to turn _ound in front of her qawe~ 1>1JI1C,.",." ~.".., toM. ~r, ur~ND1"'. T'a'" ~r o~ c .........c.. --... . b. Attorn.y fee. in the sua of- "Three Hundred Dollar. ($300.001 to b. paid to 'aula Forthun. 2. To Ger.ld w. Dripps a. Five Hundred Doll.r. ($500.001 for car damage d.ductible, b. On. Hundr.d Eight Dollar. ($108.001 for removal of vermin. .:i.! .- . ~ '11~ Inc.AlIlJrl1Cr ... r.'f . ".--..... . ..... - . . 0 0 1- \ \ - \ \ ( It&'. and . Dripp. It&'s. 'riM MUch 4, 1"' 'a,. 'rwo c.' S.ven Bundrecl Do11.1'8 ($100.00) tow.rd r.furblshln, hi. pool. el. A recol'ded ...._n~ of in,re.. .nel 891'." OIl 17'-h S~r..~ for ~.n.n~'. .cc... livin, 1ft hi. back .part-.n~. .. bpl.c._n~of .hrub. l'eIIOV.el by ~ pl'e.iCN. CNMI' vith five (5) ,.llon-c.n pl.n~. of .1II11ar .pecl..., .. , .". "oj. ,..,. 'rvo (2) li,hta vill b. inndlecl on '-he buUdlq ill 'I',~"..~:,:, qu..tion ~o h.lp illuain.~e 17~h Street. . , ,;~' , . '. - 3. A. ~o ~he .p.rtmen~ compl.x property :~ Th. .~ree~ vill be refini.hed to 1~. '1'..1CNS condi~ion .nd pur.u.n~ ~o IUildin, and lafety , .pecific.tion.. A~~orney.' re.. In the eY.n~ ~h.~ .ny .ction i. necess.ry ~o enforce any of the term. of ~hi. a,reement .. betve.n ~he par~le. vith re.pec~ to this .,reement, ~he preyailin, par~y .h.ll be .n~i~led ~o re..on.ble a~~orney.' fee. .nel COltl al are required ~o facili~.~e ~he ..~~le..n~ of the dispute or liti,.tion for the re.olution of the dilpute . Accepted and a,reed: .' .y,l~...:t4'yr IY.~~ BY'?' ~'C~'t?M :~nza e. "-0-- 4. C.te: , c.te~~A S;/R"7 C.te: ,~/s-In -