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HomeMy WebLinkAbout17- Planning & Building Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Al Boughey, Director Subject: 2004 Dumbarton, San Bernardino Dept: Planning & Building Services Date: August 15, 1996 MCC Date: September 3, 1996 Synopsis of Previous Council Action: None ORIGINAL Recommended Motion: To uphold the finding of the Board of Building Commissioners held July 11, 1996 ZI Al Boughey Contact person: Al Boughey Phone: 384-5357 Supporting data attached: Staff Report Wards: 7 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No.) (Acct Description) Finance: Council Notes: 9�3�19q� Agenda Item No. SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT MAYOR AND COMMON COUNCIL MEETING OF REQUEST See attached appeal received from NAREB (National Association of Real Estate Brokers - Investment Division, Inc., which by reference becomes a part of this report; Exhibit A BACKGROUND See attached Staff Report which by reference becomes a part of this report; Exhibit B RECOMMENDATION The property owner(s) are hereby directed to comply with the following requirements. Within sixty (60) days, from the date of this order, the property owner shall obtain all required permits to rehabilitate or demolish the abandoned, fire damaged structure. The rehabilitation or demolition must be completed within ninety (90) days from the date of this order. All inspections and approvals must be obtained from the Inspection Services Division. The property shall meet all applicable codes adopted by the City of San Bernardino; Exhibit C Attach: Appeal Staff Report Resolution Order Photos AUG-02-'96 FRI 12'41 ID: EXHIBIT A TEL N0: 4128 P02 ------- FOR OFFICE USE ONLY ---�r�---;•- T"171.-,r Departments Receiving Daterdiie Stamp: Copies: Original to Payment Information: Date of Distribution: Last Updated: 3/26/96 Account 0014000-4303 CITY OF SAN BERNARDINO - NOTICE OF APPEAL IMPORTANT INFORMATION: Pursuant to Council Action, all Mayor and Common Council appeals must be, filed in the City Clerk's Office accompanied by the appropriate fee. Complete All Information Appellant Nano & AddrC9S: National Association of Real Estate Brokers - Investment Division,Inc 1301 85th Avenue, Oakland, CA 94621 Contact Person Ray Carlisle, President & Address: 1301 85th Avenue, Oakland, CA 94621 Contact Person Phone (510) 562-6573 (510) 638-5494 Number: Day: Evening: Anew ProPorty 2004 Dumbarton Avenue, san Bernardino APN#0285-552-11 Address do AP'N # order # 3537 1XpM of Acn�eal - Check One.. Appeal to the Mayor & Common Council: Appeals to Other Legbdative Bodies: (*Adjusted Annually) Planning Commission ($122.00 *) _Board of Building Commissioners (No Charge) Building Abatement ($75.00) Police Commission (No Charge) Weed Abatemem (575.00) Access Appeals Hoard (No Charge) Vehicle Abatement ($75.00) Other/Explain: (No Charts (continue next page) - AUG-02-'96 r R I 12-:42 ID: TEL NO: tt1 � A VALID APPEAL MUST INCLUDE THE FOLLOWING INFORMATION MUC 2."): 1. The specific action appealed, and date of that action: '1b demolish the abandoned fire damaged structure. Date of Action, July 11 , 1996. 2. The specific grounds of appeal: Have valid contract to purchase and rehabilitate structure with present owner 3. The actions(s) sought from the legislative body: support the National Association of Real Estate Brokers, Investment Division, Inc. in it's effort to purchase, rehabilitate and rent to lower income tenants the subject property. 4. Any additional information: Signaau'E f A Date: August 2, 1996 I T Y O F an bernardino R A C H E L C L A R K C I T Y C L E R K August 5, 1996 National Association of Real Estate Brokers, Investment Division, Inc. 1301 85th Avenue Oakland, CA 94621 Re: 200:f Dumbarton - APN 285-552-11 - Case No. 93-85 We are in receipt of your Notice of Appeal to the Mayor and Common Council of the action taken by the Board of Building Commissioners on July 11, 1996 concerning the above- referenced property. The appeal is scheduled to be heard on Tuesday, September 3, 1996, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418. If you have any questions related to your appeal, please feel free to contact our office at (909) 384-5002. Sincerely, nn L u..C�UX� Rac el Clark City Clerk cc: City Attorney Angie Dalk, Economic Development Agency Al Boughey, Director, Planning and Building Services v Debra Daniel, Code Enforcement Supervisor Administrator's Office File P . O . B O X 1 3 1 8 S A N B E R N A R D I N 0 , CA 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N B E R N A R D I N O , C A L I F O R N I A 92 4 1 8 . 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 02 F A X - ( 9 0 9 ) 3 8 4 -5 1 5 8 T D D/T T Y - ( 9 0 9 ) 3 8 4 -5 5 4 0 CITY OF SAN BERNARDINO MISCELLANEOUS CASH RECEIPT No. 690153 Date v 19�� ACCOUNT NO. AMOUNT Received From The Sum of 1 r"� Dollars C)l�) _ Cents QV, ds° P� 9u n er o r Dep�tment w N_ By . 1 TOTAL .. 0 o cn 7 Ln o C>.. O o N D15TF6E:RTl0&: White—Customer;Canary—Cashier;Pink—Department;Go enr d—Dept.Numeric Control O a z EXHIBIT B BBC Background Report - 2004 Dumbarton Avenue Case No: 93-85 Officer: B. Bene 01/14/94 The Board of Building Commissioners ordered the property owner to maintain the property. 04/16/96 Reinspection found the property was not maintained. There have been no attempts to rehabilitate or maintain the property. Violations observed are as follows : CODE SECTION VIOLATION Dangerous Building (UCFADB 302 (12) - Abandoned Fire Damaged Structure 05/22/96 A Title Report received identified the owners (s) of record and all vested parties . A Notice of Violation and Statement of Direct costs was sent to all parties via certified mail scheduling this matter before the Board of Building Commissioners . STAFF RECOMMENDATION (A) That the Board finds a nuisance existed at the time of original inspection and continues to exist; (B) Within ten (10) days, the property owner shall obtain all required permits to rehabilitate or demolish the abandoned, fire damaged structure. All work must be completed within thirty (30) days. All inspections and approvals must be obtained from the Inspection Services Division. (C) Upon the owner(s) of record failure to comply with the order of the Board of Building Commissioners, the Code Compliance Division shall obtain an Inspection/Abatement warrant to abate violations noted. (D) Due to the owner(s) of record failure to respond or comply within the time frame stated on the previous notice of violations issued, the owner(s) shall incur these direct costs and any additional abatement costs as a lien upon record, and if not paid, shall be recorded with the County Tax Assessor as a special assessment on the property tax records. EXHIBIT C _ CITY OF - A DEPARTMENT OF PLANNING & BUILDING SERVICES (San Bernardino CODE C 90 P 384-5205 VISION Home Fed Bank, F.S .B. RE: 2004 Dumbarton Avenue Attn: REO Management Dept. SAN BERNARDINO, CA P. O. Box 2070 ASSESSORS NO: 285-552-11 San Diego, CA 92112 ORDER NO: 3537 Ts #T-21362-0O3 CASE NO: 93-85/COMPL: 32535 Ln #9115622 OFFICER: B. Bene July 18, 1996 Pursuant to action of the Board of Building Commissioners taken on July 11, 1996, a nuisance was found to exist at 2004 Dumbarton Avenue. Attached hereto, is a copy of the Board of Building Commissioner' s Order, which states the findings of the Board and any action necessary to abate the public nuisance (s) . As owner (s) and all vested parties of record you were notified in your previous Notice of Hearing that the Board' s findings may be appealed to the Mayor and Common Council within fifteen (15) days of the date of this notice . This appeal must be filed with the City Clerk' s office, 300 North "D" Street, 2nd Floor, San Bernardino, CA 92418 . A fee of $75 . 00 must accompany your request . The written appeal should include : (a) Property location, parcel number and report/project number; (b) Specific grounds for appeal; and (c) The relief or action sought from the Mayor and Common Council . If you have any questions regarding this appeal process, please contact the City Clerk' s office at 384-5002 . j By; Cod(''tlolfip1iahze Officer gr cc : City Clerk Property Owner - Via First Class Mail HomeFed Bank, Mortgage Recovery, 5565 Morehouse Dr, San Diego, CA 92121-1710 , Attn: Frank S . Clemons, Resid REO Sales Unit Wells Fargo Bank, 401 W. 24th Street, 2nd Flr, National City, CA 92050, Ln #8324436 Federal Deposit Insurance Corp. , 4 Park Plaza, 6th Flr, Irvine, CA 92714 , Attn: Wayne Powers Donahue, Gallagher, Woods & Wood, Attorneys at Law, 300 Lakeside Drive, 19th flr, Oakland, CA 94612-3570, Claimant : Nat/l Assoc of Real Estate Brokers-Investment Division, Inc . Al Boughey,Director of Planning and Building Services/Debra L.Daniel,Code Compliance Supervisor 300 North"D"Street,San Bernardino,CA 92418 1 ORDER OF THE BOARD OF BUILDING COMMISSIONERS OF THE CITY OF SAN BERNARDINO 2 ORDER NO. 3537 CASE NO. 93-85 3 4 WHEREAS, pursuant to the San Bernardino Municipal Code, Title 5 15, Chapter 15 . 28, the Building Official has posted a building (s) 6 located at 2004 Dumbarton Avenue, San Bernardino, California, with 7 a "Notice to Abate Nuisance" and has notified the person (s) having 8 an interest in said property that the said building (s) or premises 9 constitute a public nuisance; 10 WHEREAS, pursuant to San Bernardino Municipal Code, the 11 Building Official has served a "Notice of Hearing Before the Board 12 of Building Commissioners of the City of San Bernardino" , relating 13 to abatement proceeding, to all person (s) having an interest in 14 the above property, and has prepared a declaration of mailing of 15 16 the notice, a copy of which is on file in these proceedings; and; 17 WHEREAS, a hearing was held to receive and consider all relevant evidence, objections or protests on July 11, 1996, and; 18 19 WHEREAS, there was an appearance made by Debra Meyers, 20 attorney representing FDIC. 21 22 23 24 25 26 27 28 /// 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3537 CASE NO. 93-85 2 PAGE 2 3 NOW THEREFORE, IT IS ORDERED BY THE BOARD OF BUILDING 4 COMMISSIONERS OF THE CITY OF SAN BERNARDINO AS FOLLOWS : 5 SECTION 1 . Based upon the evidence submitted, it was found 6 and determined that the building (s) and or premises located at 7 2004 Dumbarton Avenue, San Bernardino, California constituted a 8 public nuisance . 9 SECTION 2 . The Board of Building Commissioners accepted 10 staff' s recommendations . The property owner (s) are hereby 11 directed to comply with the following requirements . Within sixty 12 (60) days, from the date of this order, the property owner shall 13 obtain all required permits to rehabilitate or demolish the 14 abandoned, fire damaged structure . The rehab or demo must be 15 completed within ninety (90) days from the date of this order. 16 All inspections and approvals must be obtained from the Inspection 17 Services Division. The property shall meet all applicable codes 18 adopted by the City of San Bernardino. 19 SECTION 3 . Upon the owner (s) of record failure to comply 20 with the order of the Board of Building Commissioners, the Code 21 Compliance Division shall proceed to initiate abatement action by 22 obtaining an Inspection/Abatement warrant to abate violations 23 noted. 24 SECTION 4 . It was determined that the City was required to 25 initiate abatement proceedings and incurred costs in the amount of 26 $329 .12 . These costs and any future additional abatements shall 27 be the personal obligation of the owner and if unpaid shall be 28 recorded as a special assessment on the county tax record. 1 BOARD OF BUILDING COMMISSIONERS ORDER NO. 3537 CASE NO. 93-85 2 PAGE 3 3 SECTION 5 . Any person aggrieved by this order, may appeal to 4 the Mayor and Common Council by filing a written statement with 5 the City Clerk. The statement must include the order number 6 appealed, the specific grounds of your appeal, and the relief or 7 action sought . The written appeal must be received within fifteen 8 (15) days from the date of this notice dated July 18, 1996 . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /// BOARD OF BUILDING COMMISSIONERS ORDER NO. 3537 CASE NO. 93-85 I HEREBY CERTIFY that the foregoing order was duly adopted by the Board of Building Commissioners of the City of San Bernardino at a regular meeting thereof, held on the 11th day of July 1996 , by the following vote, to wit : COMMISSIONERS: AYE NAY ABSTAIN ABSENT Alfred Enciso Carol Thrasher X Amado Savala X Larry R. Quiel x "Joe" V. C. Suarez, Jr. X Ruben B. Nunez Herbert Pollock Benjamin Gonzales Leo Cash, Jr. i' i Clerk, Board of Bui ing Commissioners The foregoing order is hereby approved i.s 11th day of July, 1996 . Ch irman, Board of Building Commissioners Approved as to form and legal content : James F. Penman, City Attorney By: �' City of San Bernardino CODE COMPLIANCE DIVISION PHOTOGRAPH DISPLAY REPORT Address c-c I ��'if;1` s x % Case/Complaint # Dater Description: (o^'�L �.: �ti���j` `'/�a Taken by: 4--'-- J (Photo #1) Before After jv f � t i Y �1 F W i I ' Description: Date: (Photo #2) Before After Taken by: MY/EG194 PLAN 17.02 (2-94) r t _- Uj f� k 2004 .%}�. . • � .may -�' s d City of San Bernardino CODE • DIVISION PHOTOGRAPH DISPLAY • •• • • D. • • • (Photo #1) Before -� •rye' � '�, .� •a.� �.S ..�: , ('. a„ f Description: •Y A ,:= ,it M' (Photo #2) Before Lai i t . Q�M, � mow.ti � �� •- '..�'� City of San Bernardino CODE COMPLIANCE DIVISION PHOTOGRAPH DISPLAY REPORT Address �� �� ;LJ�hf�, � Case/Complaint# Date:> Description: ) �' 2?�/ Taken by: Photo #1 Before After I i t.' A Description: (Photo #2) Before MY/EG/94 PLAN 17.02 (2-94) City of San Bernardino CODE COMPLIANCE DIVISION - PHOTOGRAPH DISPLAY REPORT - Address �� ��W '4'✓�^ Case/Complaint# Date:,,��� - Description:0 '_ i. T __ Taken by: After M H. ,u4 — —M V T � 1 -►s rte. a •^t 411 11 3 � 1 �� ♦ yam; `� Y. CITE_' Or SAN 3=-UTA-R3T-NO CODE :.:N ORC:.."'ENT OrlISION PHOTCGR;LPE OIS?TAY SORT ZONING F.' 1 R 1 f 1 A PHOTO - DATE TA:=-I 3Y (7 Ac E ^'3'.'G ht r i 1 - CITY Or SAN BERNARDINO CODE DIVISION PHOTOGRAPH DISPLAY REPORT AnCRESS c /DiI M 13,4,c T,2 DATE / y I a r '` «i s. �,' ,�f�► I BY CASE i ♦ b ZON:'iG ; .4 DE?_r—S PHOTO = DATE -77 TA=- I BY E CAS ? 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DIVISION PHOTOGRAPH DISPLAY REPORT ADDRESS A s `l�• V PHOTO .- ,�� i TAKEN BY ZONING �..� �♦ Rte•- DEPICTS .La it 1 • • DATE TAKEN BY ZONING DEPICTS t% i l ck CITY OF SAN BERNARDINO CODE ENFORCEMENT DIVISION PHOTOGRAPH DISPLAY REPORT ADDRESS PHOTO DATE 3 9 3 TAKEN BY X""' CASE ZONING DEPICTS L (f T ��/P% uy ikeo _ I f • i 3 i PHOTO = DATE TAKFN BY Z�,Lr CASE �l 3 ZONING DEPICTS CV e-k 612 W i✓///2�C' 1 MY/EG/94 ' w r CITY OF SAN BERNARDINO CODE ENFORCEMENT DIVISION PHOTOGRAPH DISPLAY REPORT ADDRESS PHOTO 4 DATE TAKEN BY CASE 4 - ZONING DEPICTS I PHOTO = DATE TAKEN BY CASE ZONING DEPICTS MY/EG/94 CITY OF SAN BERNARDINO CODE ENFORCEMENT DIVISION PHOTOGRAPH DISPLAY REPORT ADDRESS - PHOTO # DATE V TAKEN BY r CASE ZONING v 4 DEPICTS PHOTO = DATE - TAKEN BY CASE ZONING DEPICTS MY/EG/9 4 @� O `, �__ 9r• C I T Y O F an bernardino R A C H E L C L A R K C I T Y C L E R K August 5, 1996 National Association of Real Estate Brokers, Investment Division, Inc. 1301 85th Avenue Oakland, CA 94621 Re: 2001 Dumbarton - APN 285-552-11 - Case No. 93-85 We are in receipt of your Notice of Appeal to the Mayor and Common Council of the action taken by the Board of Building Commissioners on July 11, 1996 concerning the above- referenced property. The appeal is scheduled to be heard on Tuesday, September 3, 1996, at 10:00 a.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, CA 92418. If you have any questions related to your appeal, please feel free to contact our office at (909) 384-5002. Sincerely, ucti� Rac el Clark City Clerk cc: City Attorney Angie Dalk, Economic Development Agency Al Boughey, Director, Planning and Building Services Debra Daniel, Code Enforcement Supervisor Administrator's Office File P . O . B O X 1 3 1 8 S A N B E R N A R D I N O , CA 9 2 4 0 2 3 0 0 N O R T H D S T R E E T S A N 8 E R N A R D I N 0 C A L I F O R N I A 92 4 1 8 . 0 0 0 1 ( 9 0 9 ) 3 8 4 - 5 0 0 2 ( 9 0 9 ) 3 8 4 - 5 1 02 F A X - ( 9 0 9 ) 3 8 4 -S 1 5 8 T D D/ T T Y - ( 9 0 9 ) 3 8 4 -S 5 4 0 i_ i Entered into Record 91 3 Ctmj1c11+CmyDevCms Mtg: hv re Agenda Item Memorandum To: Mayor and Common Council City ClerkICDC Secy The city of San Bernardino, CA City of San Bernardino From: Ray Carlisle, President, NAREB, Investment Division (NID) Subject: Repeal of Order#3537, Case#93-85, of the Board of Building Commissioners Date: September 3, 1996 (Hearing Date) NID requests the Mayor and Common Council of the City of San Bernardino to repeal Order Number 3537 of the Board of Building Commissioners of the City of San Bernardino, CA. NID makes this request based on, but not limited to, the following. 1. NID and its legal counsel think NID has a valid contract to purchase with the owner of the properties that are the subject of this order. 2. The delay in closing on this purchase was being secretly hampered by officials/officers of the City of San Bernardino, while these and other officials/officers of San Bernardino were expressing full support and encouraging continuance of NID's efforts to purchase the subject properties, causing financial and other damage to NID, its contractors, representatives and the Arden-Gutherie community NID seek to serve. 3. NID has never needed financial assistance from the City of San Bernardino, or any of its subsidiaries. The EDA requested, often, NID use varying forms of financial assistance from the Economic Development Agency(EDA) in exchange for the EDA's corporation in closing on NID's purchase of the properties that are the subject of this order. 4. NID remains committed to close on the purchase and rehabilitation of these properties and provide safe, decent and affordable housing opportunities and job training and economic opportunities for area residents through the purchase of the subject properties. 5. The EDA is fully aware of these claims and has documentation and verification of NID's efforts, ability and commitment to purchase and rehabilitate the subject properties for the stated purpose. 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O A as x 0 0 0 € ar as a, E y aaaaaaa� aaaaooQaa� maawaaaacaaaaaoaoaaaaacacaaa X O w 'i C C C C C C C C C C C C C C C C C C C C C C C C ui C cd Rf !0 ed R1 cd cd cd e0 cd co cd m cd m 0 cd e0 cl cd 0 cd R! cd (n V] V] V] U) V] V] C/] V) V] V] C/] V] Cl) V] CA C/] V1 V] C/] C/] U] w V] V] tn z A 0 o .0 z y >LLI M W C V] V] (A W C V] U] V] C V] U] V] C V] V1 C C C V] V] A R E E is 0 0 „p O O o O33 .p o 0 0 .0 YO! z z Q z z z z Q z z z Q 2 z .z Q z z z Q Q z z N a V in M G, to kn to v t— M N N N N O 0% O 0% V-4 ttrr ••� r-+ O •�1 Gv O O O �-+ O O "4 T-4 O O O "0 W4 O "+ O O N N N N N N N N N N N N N N N N N N N N N N N N m � �n � � 00 00 M 00 00 W O r•1 rl .� N N N N N N N N N N N N N N N N N N N N aW00 000 000 GOO 000 OQO 000 GOO 000 000 GOO 0 000 GOO GQO GOO GOO COO GQO 000 COO 000 OQO GOO 000 DEC-14-95 THU 10:45 ECON DEVEL AGENCY FAX NO. 7148889413 P. 01 City of San Bernardino ECONOMIC DEVELOPMENT AGENCY DEVELOPMENT DEPARTMENT 201 North "E" Street, Third Floor San Bernardino, CA 92401-1507 (909) 384.5081 FAX: (909) 888-9413 Fax Transmission Cover Sheet 5-1 �� a- &S7 3 Phone Num ber � ) Fax Number: 07/o) From: Date: Pages: _.(including Cover) Comments: / — -� Yow 1-e AS A San Ber (no .DEC- 51-95 TUE 11 :47 ECON DEVEL AGENCY FAX NO. 7148889413 P. 01 City of San Bernardino ECONOMIC DEVELOPMENT AGENCY DEVELOPMENT DEPARTMENT 201 North "E" Street, Third Floor San Bernardino, CA 92401-1507 (909) 384-5081 FAX: (909) 888-9413 Fax Transmission Cover Sheet 70: Phone Number S-4,-), �S-73 Fax Number: (��o} S-& g z/S-S 2— From. I/a,- 190 we�j Date: �21 R5- Pages: (,a (including Cover) Comments: ' Y- oC� �C- I-eivoW IF 7V S 4 C--0nC v7- �yazlcrS , �a ou. `� - mil— AT 77-w San Dcr !no W I CC r7,�� DEC- 5-95 TUE 11 :48 ECON DEVEL AGENCY FAX NO. 7148889413 P. 02 DRAFT SIM9/93 21:\3057 11/29/95 11:26 jf EXCLUSIVE NEGOTIATING AGREEMENT BET%EEN THE REDEVELOPMENT AGENCY OF THE CITY OF SAN MMNARDINO AND THE NATIONAL ASSOCIATION OF REAL ESTATE BROKERS This Exclusive Negotiating Agreement (the "Agreement") is entered into by and between the Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the "Agency") and the National Association of Real Estate Brokers, a national non-profit association ("NAREB") , and for the convenience of the parties shall be dated as of December _, 1995. In consideration of their mutual covenants and obligations as set forth herein, the parties hereto agree as follows: Section 1. Recitals . The parties hereto acknowledge that : A. The Agency desires to have certain residential fourplex properties within the Arden-Guthrie Neighborhood redeveloped in furtherance of the redevelopment objectives of the Agency, and in order to eliminate blighting conditions on the properties . B . NAREB currently has a contractual right to acquire certain residential properties located within the Arden-Guthrie Neighborhood from the Resolution Trust Corporation ("RTC") which - z - DEC- 5-95 TUE 11 :49 ECON DEVEL AGENCY FAX NO. 7148889413 P. 04 F. in connection with the future redevelopment of the NAREB Properties the Agency has agreed to provide certain assistance to be used in connection with demolishing the existing structures on the NAREB Properties. G. The Agency' s authority to assist in this demolition work and redevelopment of the NAREB Properties, and to transfer the Agency Properties, derives from the Community Redevelopment Law (Health & Safety Code Sections 33000, et sec . ) and the Agency must comply with all procedural requirements of the Community Redevelopment Law in carrying out its redevelopment activities. Section 2 . Property Transf ere. In consideration for the Agency' s agreement to acquire the NAREB Properties and to transfer certain of the Agency Properties which are of like value to the NAREB Properties, NAREB hereby agrees to assign and transfer its rights to acquire the NARES Properties `o the Agency and to work with the Agency to develop a master development strategy and plan for the entire Arden-Guthrie Neighborhood. Section 3 . Exclusive Negotiation. The Agency and NAREB hereby agree to negotiate in good faith a Disposition and Development Agreement for the Agency Properties conditioned upon redevelopment of the Agency Properties by NAREB. The Agency agrees that it will not negotiate with any other developer for development of the Agency Properties during the term of this Agreement . - 3 - DEC- 5-95 TUE 11 :50 ECON DEVEL AGENCY FAX NO. 7148889413 P. 05 Section 4 . Basis for Negotiation. The Agency and NAREB acknowledge that this Agreement has been granted based on NAREB's proposal to eliminate blighting factors within the Arden-Guthrie Neighborhood and to cause the redevelopment of the Agency Properties in a manner consistent with the Agency' s redevelopment goals and objectives. Section S . Agency Obligations. In order to facilitate the future development of the Agency Properties, the Agency agrees to transfer to NAREB certain of the Agency Properties which are presently in the ownership or control of the Agency and which Agency Properties are deemed by the Agency to be of like value to the NAREB Properties. The parties agree that all work comprising the demolition of the NARES Properties and rehabilitation of the Agency Properties shall be undertaken in accordance with all applicable rules and regulations and law including, but not limited i to, prevailing wage laws, if applicable. NAREB shall furnish evidence satisfactory to the Agency that any contractor with whom it has contracted for performance of work on the Agency Properties, carries workers' compensation insurance as required by law. Further, NAREB agrees that it shall not discriminate in any manner with respect to any work undertaken in connection with this Agreement or any future uses of the Agency Properties. Section 6 . Term of Agreement. This Agreement shall terminate ninety (90) calendar days following the date of this - 4 - DEC- 5-95 TUE 11 :50 ECON DEVEL AGENCY FAX NO. 7148889413 P. 06 Agreement unless such termination date is extended in writing by mutual agreement of NAREB and the Director of the Agency. The parties hereto may mutually terminate this Agreement with or without cause at any time by written agreement . Section 7, Indemnification. NAREB shall defend and assume all responsibility for, and hold the Agency, the City and their respective officers, agents and employees harmless from all claims or suits for, and damages to, property and injuries to persons, including accidental death (including attorney' s fees and costs) , which may be caused by any of NAREB's activities under this Agreement, whether such activities or performance thereof be by NAREB or anyone directly or indirectly employed or contracted with by NAREB and whether such damage shall accrue or be discovered before or after termination of this Agreement. Section S . Relocation. NAREB has assured the Agency that the NAREB Properties are unoccupied and vacant and that accordingly the Agency shall have no obligation with respect to any relocation payments. In the event any relocation payments are required NAREB agrees to pay all such costs and shall indemnify the Agency for any liability which may arise as a result thereof. Section 9 . Real Estate Commission. The Agency shall not be liable for any real estate commission or brokerage fees or - 5 - DEC- 5-95 TUE 11 :51 ECON DEVEL AGENCY FAX NO. 7148889413 P. 07 finder's fees which may arise herefrom. The Agency and NAREB each warrant that it has not engaged a broker, agent or finder in connection with this transaction. Section 10 . Audit. The Agency reserves the right to inspect NAREB' s books and records during regular business hours regarding the work to be performed hereunder. Section 11 . Assiqnment . This Agreement shall not be assigned by NAREB without the prior written consent of the Agency. IN WITNESS WHEREOF, the Agency and NAREB have each signed this Agreement as of the date first set forth above. REDEVELOPMENT AGENCY OF THE DRAFT' CITY OF SAN BERNARDINO Dated• By: DRAFT Agency Chairperson APPROVED S FORM ATTEST: O FT ,1,AFT Agency Counsel. NATIONAL ASSOCIATION OF DRAFTREAL ESTATE BROKERS DRAFT Dated: By: SHS0\0001\A0C\3059 11/29/95 11:26 jL - 6 - 4-08 13:3 UNI PROPERTIES P'2 NATIONAL HOME MORTGAGE CORPORATION QGWQ Residential REO Sales Unit 5565 Morehouse Drive San Diego, CA 92127.4799 (619) 450-7939 AwiAAwwwwwwwwwwwwwwwwwwwwwwwfrwwwwwww�rww�wwwtRwwRAAwwwww*AwwwwA*A••�wwww REO #: 24 Fourplexes (See attached Exhibit) property Address: '#Arden-Guthrie"• "sunrise village,, area of Ban Bernardino, CA (see attached Exhibit) sorer: National Association of Real Estate Brokers, Investment Division, Inc. The following escrow agency and title insurance company is being used for the sale of the above referenced properties to the above referenced Buyer. Escrow Agency,: Title Insurance Company: Vemon Escrow Chicago Title 2425 West Vernon Avenuc 625 Carnegie Drive Los An$ries�CA 90008 San Bernardino,CA 92408 Telephone: (213) 2953216 Telephones (909) 384-7865 FW: (213) 295-0442 FAX (909) 384-7890 Escrow Officer: Title Officer: Alice Crump John Kiefer Escrow A 13706-A through Title Order 1: 92-12913-26 through 13729-A 92-12936-26 Listing Broker: Larry Way United Properties i Investments, Inc. 6062 Chapman Avenue Darden Grove, CA 92645 phone No. : (714) 894-5396 pageZ��i4�7691-02.024211 pAZ, : (714) 895-2550 Car Phonel: (714) 747 -3433 (714) 322-1471 January 20, 1994 eo,vs-it.oa Rf20LUT1ON /AUtt CQRPDRAl10N _., _. —_ *WWW"s no cr*!• ItaM-ring 004"Oua �� • ,,� Post-!t'F�NM 7671 �� pA9w_ To From July 13, 1994 P, r17y7/(T � d i Flu+ Fay• Ray Csrtisle Natiotnti Assvt?atiorl of Rcai 17-4tate 11rokcrs, Investment Division Inc. C/4 Leslie G. Bellarny 38:0 Crenshaw Blvd., Suite 388 Los Angeles, CA 90008 1RE: 24 Fourplcxes Silts Bernardino, California Dear Mr. Carlisle: Thank you for your July 11, 1994 corresloadence which addresses your intention to purchase the Twongy-Four (24) fourplexrs in Can Bernardino. Based on your letter and our subsequent conversations, it is my understanding that the National Association of Rral F.%mte Brokers- Investment Division is interested in pmthzsing the subject propertim under die following conditions: 1) Price will be$25,000 per fourplex. 2) All te:ms and conditions of your offer dated May 4, 1993 and the 9 p.ge counter offer from HomcFed Bank dated and arcep`red 1219/93 shall be the haxis for new agreement to sell the twenty-fou*fourplexes. 3) Leslie Bellamy should be paid cow-pew;aie d m a procuring real tstatc broker, Bused on tris information, the RTC accepts your proposal subject to the following terms and conditions: 1) Purchase Price OW1 be 179 AM per fourplex. 2) All terms and conditions of the previous agreements shall be in effect_ come tr SAW".Vw ,.U700 MA&AIehw#WW#Vnrd ftVVRVr!AMC4 C&ftrnb 92"0-2818 r►Vhonc (714J d62-74" FAJG;714166?•Ia O 3) Soler stall pay a commission to the real estate oroker, buyer rcprescnts as ttto prrk:uring broker. Buyer is aware that it is RTC policy not to pay a brokerage commission to pany related to or af`iliated with, the buyrcr and may not have any ownership or beneficial interest, whether direct or indirect,presently vested or prospective.in We buyer or the property. 4) Subject to RTC legal review and huycrs execution of any and all documents requireA by the lefial deparanent. S) Subject to Buyer obtaining a ccrtification letter form the California Office Affordable Housing Departmrnt prior to the opening of escrow. 6) It i3 RTC poll:y to offer a benefit paekagt on assets included in RTCIFDTC combined sales initiative that includes up to 7% allowance for Olusing costs for assets that ire nwAn:sxl by a third party. Thal allowance is not available for assets sold through a spot sate, A% ,tuch, you will riot be compensated by the RTC for closing cast associated with Ns transaction, 7)Seller has received and reviewed aJl the assessment documents including but not limited to special sewerlwater and security assessments. This cowtter offer will be null void unless Buyer's ae¢eptattce is received by July 18, 1994- Sincerely, Jeffrey B. vas SLGNATL'RE TALE TO FOLLOW: BUYER ACCEPTS T*IE ABOVE OF 7M AND ACKNOWLEDGES RECEIPT OF A COPY HEREOF— ? RUYER n^TF- 7 b I t,�ti �i ptC c NOD curem"sir Omew 4000 M4eAPrA-x$w,d"uo A%WPVFV Swab,CrlMwn6 92660.36 8 rdNhAA& 014)AE2-TW #MAXLpt4J06J-7d10 APR 03 '96 15:29 STUCKEY LAW CORP 333 P11 OG7-31-95 TUE 16:16 P. 02 City of San 8emendino ECONOMIC DEVELOPMENT AGENCY - . •ana m&mfto October 31, 1995 . U0 sow Ina Cofr#vfw ,.na vAilbvy •GYMfar d Bv�t' Mr.Ray Csrlisie fUrL MSOCUMN of REAL ESTATE=OR= 7700 Edgewster DriM Suits 818. Oakland,CA 94621 RE: ARDEN-GUS zwF m.yoUR(u)NX BUILDINGS Dearbk.Carlisle. Tbk letter is If dheEcoaomic Developmcm Agenq's(JEDA,)couthmed Wcrost in working with your as adWan a ward sapidtion of the twey4bur(24)RTC buildiag3 ita ft Ardm-Gufte dm1opmem To the" we are prepared to draft a Diapoaidon and Dadopmot AFunm at (DDA)batwmowApacy madNARM. To=oftb a would be=mama with tbom paseated to yea by Aft Ndnrd Powom I would a qmd to have a draft ofthe apmemmut unflable by the second wadc adNove mber Our Agency rmnW= comitted toward improving the Arden-Gut c neighborhood with your ==99= Should you hM 410Y quastioIC, pleesc ftsl fray to waled Angda Sslaa Ada Rehab Itmpector,at 909!384-3081. 3uzcer VIP RoasM E.Wudder,Director east Depo l eat ct. Agency Adasaastmm Agaacy Consultant-Powers Rehab Coordinator Fos -w/anal 4RA_9144 MAL0NE MORTGAGE COMPANY July 15, 1996 Ray Carlisle, Vice Chairman of National Association of Real Estate Brokers, President of National Association of Real Estate Brokers - Investment Division 1301 95th Avenue Oakland, California 94621 Dear Mr. Carlisle: It is a pleasure to hear that our HUD approval process is concluded with the National Association of Real Estate Brokers - Investment Division, and that we can now work together as lending partners to develop and provide safe, decent, and affordable housing opportunities to lower income residents and to first time homebuyers across the nation. I also wanted to express our gratitude at your attendance at the"Local Partner in National Homeownership Strategy" award ceremony presented by FHA Commissioner Nicolas Retsinas in Lemoore California. N.A.R.E.B.'s support of this project, the largest single family partnership project funded to a non profit under HUD's 204(k) program to date, provided further proof that partnerships between housing experts, in concert with local community development goals, are necessary to provide true revitalization and improved living conditions. This is especially so given N.A.R.E.B.'s status as a National Homeownership Partner and a Nationally recognized Urban Affordable Housing Developer. We look forward to participating at your national housing summit and convention in Houston, 'T'exas in August, 1946. Sincerely, — � Bernard P. Malone President I31IM/klm c m,)nrltc 011,a. 821 i lk-swhoicr,Suitc 606 Dallas,Tcra575225-6 112 Wotern Branch; 2386 Faraday Ave.,Suite 230 Carlsbad. California 02008-7:2; �21 i i O%-0386 • Fax(214)i61.8295 i('101 L 9a.naoo • TZ,�f(101 o,w_n i-e z ! ! °�y •ar Yt; � { : Ita:Y',flew rx�,rrn .. r r Q �F�i,.? ' �d"g.��t'S�'Cir<��J)r y,• '^ } r i r 7:.: g tY!7 r� r' �14 :i r ! r tJ� �;aF �n I' j 1 Rj) )ry�� r 1 !�•. -„l 'llii7..r'.�� !1! f� 1 -� r�i�'i �� r.. �, I L- 1 r i 1,IA r. • 9 .d•3 t.c.�r.--�t. 1 A ,/ t� ; ., �, 7¢/� ..1. .��4 ,L�q Prj �. I aY� �..,��i S��r = 1 y :� t •P �..� ,Iii ." ' xs o�:y: �� _ '� ,fit'•' ti. �T� IM'��.11.� �Ji.•¢[ I♦ �_•'111 ' �Y�- � • it •s • err i+ --.F• ..�- �.r• � �`4 iLL=' i IV Vt. VI afto -,on arm Yrl M06 Lemoore site im ress s. HUDi , 6ffickd ■ Brookfair Manor project a,>: >' ld k, ,. Wo the one in I,'mbore and othe m As of P`rid�y,:`aiY of 24 iti- part of departments m F'�o and Bakersdold. ppl1a�ne�&, or 18 out of 72 units, ,i In Fresno''where Hou have;.t�eiaw leted and the affordabl�housing a brd� and Urban,�veloprinent offl reatAm to be�niehecl cials rank third in the state i!n in the.ti days", cempalgn r i HUD of homes they �, r The.p?Wect.whip completed, By Louis Galvan '; ' sells M=Y will reseuVan investme at of and Sanford Nax condominium unite.near Free more. att tt� X8.2 'million, said The Fresno See N n0 Pedigo the �Tom,. Roo repreaentative for College to ftlDkl`�li i' lee'Mar of the oo�ulos will bv. the U..S,.Eopartmoiit of.Hous- I.E?�40pRE — Nicolas P. used to house studeat f aniliea,. Retsinas, assistant secretary r t,r' '` ing and Urban.Development is '�' t>Cf +, said Ruth Toeiws Heinrlcbs, a:& Housing and federal housing erutive vice president of the '` cc�tutx�issioner,stood in the mid• r n �, college, The first family is'scheduled dle of a street Friday in a qquiet �; �;; to move in on.Mon and oth- low•income neighborhood in HUD also'is. working with de3' Lemoore atld said he liked what 4Y Habitat for Humanity on the � , Ors -.follow,'frgm a 10119 development of an 89-home af. waldW list, 4dlals said, he haw. fordable-ho ua Uut in south. ".This is %lh4t it's all about,„ And that, ha said, will be his �, � ,`���� y$ west FSresao., he flrat five . � Retains' said, This is.what rnessage when he returi to , '� x homes are almost finished can be done when the govern- Washington and re orta on his �f' taus of Lomoore'a Brookfair. rt� In fie' the Economic ' ment, the community and the tS ` 1 . r Opportunities Commission rivets sector get together and Manor, one of the nation l - Th°S S bought ht nine HD homes,that form a p'„ est juint-venture 203k aPrd- will be mo,aW and sold, able-housing projects.The 208k no, Retsinas spoke of President But none of thow.projeets is �r� important�"is g W ga apon g•rehabilihe D pro- Clinton's pledge to create 8 mil- &a Limp as the one in Lei .' gram sponsored by the Depart moors wher• construction be- this a gover ment housing ment of Housing and Urban Lion more homeowners by 2400 � eight months ap — at$es project.. This is Development. through a series of partner- nil,three yws on the mow_ eammunity-based housing.” –—later, at a luncheon Ln Frew- ships with lo-c–sl groups, etch as ing boani POK"gee HUD,Page E2 Contlnued trom Page El As R.otsinaz told the Fresno group,, "We Manor prooct is an example of whet can He said the company is awaking plans are prepared to do our part. The challenge be done to correct neighborhood blight for 152 units under the same program in is what you do after I leave here. . . . Thu and create a safe environment. Houston and another 89 in ,Oklahoma is about people, about dreams and not Rick Hotz director of Affordable Hou$- City. Hotz grew up in Lemoore,graduated about money, ' ing for the Malone Mortgage Co.based in from high school in 1977 and went into He said the Lemaore project could not Carlsbad, said the company has been in. the construction business a short time have been successful w?thout the efforts of volved in 208k housing projects for veers, later. Ron Hoggard, Lemoore assistant the city of Umoore officials, the Rewlu- but that the one in Lemoore is one of its c4ty manager, said the prefect o reef tion Trust Corporation, which later was biggest, firms the city's position o on helping fami- replaced by the Federal Deposit In,5U=ce lies obtain affordable using. Corporation when the RTC went out of But in all such projeet8, he said, it's In three years, he said, 150 families buuiness in 1995, the non-profit Afford- important to remember that "the Teed heua were helper is obtaining homes under the able Homes Inc., the Malone Mortgage Co, to be at the local level, The husd of the city's Mme Buyers Assistance program table must be oeeupfed by the local corn- for first-time buyers, end the FHA 203k Rehab Program form. ini " „ rb a partners}up, m ty We have a very active program, he Ratans, visibly upbeat, said that in said, addition to providing affordable housing to low-income families, the Brookfair