HomeMy WebLinkAboutResolutions - No. 83-113RESOLUTION NO. 83-113
RESOLUTION APPROVING AN AGREEMENT WITH FRANK
AND HELEN ALEGRE REGARDING THE PAYMENT OF
DELINQUENT REAL PROPERTY TAXES AND SPECIAL
ASSESSMENTS ON VARIOUS PARCELS IN THE
CLUFF/TURNER ASSESSMENT DISTRICT NO. 1
RESOLVED that the City Council of the City of Lodi does
hereby approve an Agreement with Frank and Helen Alegre
regarding the payment of delinquent real property taxes and
special assessments on various parcels in the Cluff/Turner
Assessment District No. 1 a copy of which is attached hereto
and marked Exhibit A thereby made a part hereof.
Dated: October 6, 1983
I hereby certify that Resolution No. 83-113
was passed and adopted by the City Council of
the City of Lodi in an adjourned regular meeting
held October 6, 1983 by the following vote:
Ayes: Council Members - Snider, Pinkerton, Reid,
Murphy, and Olson (Mayor)
Noes: Council Members - None
Absent: Council Members -- None
PIremc6he-& Alice M. Re
City Clerk
83-113
AGREEMENT -
This Agreement is made by and between FRANK C.
ALEGRE, SR., and HELEN C. ALEGRE, Trustees of the Frank C.
Alegre, Sr. and Helen C. Alegre Revocable Trust (the Alegres
and the Trust being referred to collectively for convenience
hereinafter as "the Trust"), the City of Lodi (hereinafter
"City") and the San Joaquin County Tax Collector
(hereinafter. "Tax Collector") , as follows:
R E C I T A L S
A. The Trust is the owner of record of two
parcels of real property located in the City of Lodi, State
of California, to wit: Assessor's Parcel Nos. 49-80-44 and
49-80-50 (hereinafter "the parcels").
B. On or about April 15, 1981, the City Council
of the City of Lodi ordered construction of improvements in
the Turner/fluff Avenue Assessment District No. 1. In
connection therewith,, assessments Nos. 8 and 9 were levied
against Assessor's Parcel Nos. 49-80-44 and 49-80-50,
respectively, and such assessments constitute liens against
those parcels.
C. Payments are due on account of delinquent real
property taxes and special assessments (hereinafter "the
delinquencies") through September 30, 1983, in amounts of
$59,896.01 and $25,264.72 on Parcel Nos. 49-80-44 and
49-80-50, respectively.
D. Additional penalties (hereinafter "penalties")
will continue to accrue on the delinquencies until they are
fully paid.
E. To redeem the parcels the Trust must pay the
sums referred to in Recitals C and D above, together with
attorneys' fees and costs of $2,400.00 and $364.80,
respectively, on Parcel No. 49-80-44 and $1,500.00 and
$229.00, respectively, on Parcel No. 49-80-50 (said
attorneys' fees and costs on the parcels being referred to
hereinafter as "the fees and costs").
F. The City has filed an action to foreclose the
lien of the assessments against the parcels, which action is
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pending as Case No. 171280 in the San Joaquin Superior Court
(hereinafter "the action").
G. The parties deem it to be in their mutual
interests to provide for an installment payment plan whereby
the delinquencies and penalties shall be paid by the Trust
in installments and the property thereby redeemed consistent
with the terms and conditions set forth hereinbelow.
follows:
NOW, THEREFORE, the parties hereto agree as
1. The foregoing recitals are true and correct.
2..The Trust shall pay all delinquencies,
penalties, and fees and costs as follows:
a. The Trust shall make monthly installment
payments of $20,000.00 to the County Tax Collector until all
of the foregoing amounts are fully paid, as follows: The
first payment shall be made within five (5) days after the
date this Agreement is signed by the San Joaquin County Tax
Collector (hereinafter, "the date of execution"). The
remaining payments shall be made monthly on or before the
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l Kf
anniversary date of the first payment. The last installment
payment may be a sum less than $20,000.00, depending on the
precise amount required to pay all delinquencies and
penalties.. Each such payment shall be made by check payable
to the "San Joaquin County Tax Collector," and a copy of
each check shall be mailed to Ray W. Sherman, Jr.,
Professional Corporation; and,
b. Concurrently with the first payment to be
made as set forth in Paragraph 2(a) above, and as a
condition precedent to the effectiveness of the installment
plan referred to herein, the Trust shall pay all fees and
costs by check payable to "Ray W. Sherman, Jr., Professional
Corporation," in a total amount of $4,493.80.
3. The payment plan set forth in Paragraph 2
above shall be treated as a Permanent Installment Plan
pursuant to Rev. & Tax. C. 554216, et sec.., except that
installment payments shall be made monthly rather than
annually.
4. Consistent with the requirements of the
Permanent Installment Plan, the total amount due for
delinquencies and penalties accrued through the date that
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the first payment is made pursuant to Paragraph 2(a) above
shall constitute the principal amount due for purposes of
this Agreement. The first payment of $20,000.00 shall be
applied to decrease that principal amount. Thereafter,
there shall be added to any unpaid principal a penalty sum
of 1.5% per month. Each payment after the first payment
shall be applied first to payment of any such accrued
penalty and the remainder of each such payment shall be
applied to reduce the principal amount owing. After all
such principal and penalties have been paid, the property
shall be redeemed.
5. The amount of each of the installments of
currently due taxes and assessments which shall become
delinquent if not paid by December 10, 1983, and April 10,
1984, on Parcel No. 49-80-44 is the sum of $21,121.15 and on
Parcel No. 49-80-50 the sum of $8,504.11. Each and every
one of those installments shall be paid in full by the Trust
on or before the foregoing dates.
6. The parties agree that time is of the essence -
with respect to each and every payment referred to herein,
and the failure of the Trust to pay any amount by the due
date set forth herein shall constitute a default under this
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Agreement. Any default may result in the termination of the
Trust's right of redemption as if no election to pay
delinquent taxes in installments ever had been made, as
provided by Rev. & Tax C. §4222. In the event of any such
default, this installment plan will be terminated.
7. The Trust will not be required to answer the
above -referenced Complaint provided each and every payment
referred to herein is timely made in full. No additional
fees and costs, or either of them, will be incurred in
connection with the action or this settlement provided each
payment is timely made in full.
t
8. In the event of any default by the Trust in
the performance of this Agreement, and in addition to any -
other consequences of default set forth in this Agreement,
an Answer shall be filed by the Trust within five (5) days
of the date of default, without additional notice. If no
such Answer is filed, the City shall have the right to enter,
the Trust's default and to exercise any and all other
rights, remedies and relief ordinarily available under those
circumstances.
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9. The action shall be dismissed and the Lis
Pendens recorded against the parcels shall be released if
and only if the Trust timely pays in full all sums of money
referred to herein.
10. This Agreement shall be of no force or effect
unless and until it is approved by the San Joaquin County
Board of 'Supervisors, the San Joaquin County Tax Collector, -
and the City Council of the City of Lodi.
11. Each of the parties hereto shall do all acts
and execute all documents reasonably required to give full
force 'and effect to the terms of this Agreement.
Dated:
Dated:
FRANK C. ALEGRE, SR.,
as Trustee of the
Frank C. Alegre, Sr. and
Helen C. Alegre Revocable
Trust
HELEN C. ALEGRE,
as Trustee of the
Prank C. Alegre, Sr. and
Helen C. Alegre Revocable -
Trust
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CITY OF LODI
Dated: By
Dated:
SAN JOAQUIN COUNTY
TAX COLLECTOR
JOHN PROWSE
APPROVED AS TO FORM AND CONTENT:
FOR THE CITY OF LODI: RAY W. SHERMAN, JR.
PROFESSIONAL CORPORATION
Dated•:
t RAY W. SHERMAN, JR.
FOR THE TRUST: FREEMAN, RISHWAN & HALL
Dated:
JAMES E. GANZER
FOR THE SAN JOAQUIN COUNTY SAN JOAQUIN COUNTY COUNSEL
MA <f AAT T 1'\A TAT
Dated:
GERALD SHERWIN
E1
RAY W. SHERMAN I. 1 ��
PROFESSIONAL CORPORATION
ATTORNZY5 AT LAW
111 BROADWAY, PENTHOUSE
RAT w smRMAN. M
i AT JACK LONDON SQUARE
OAKLAND, CAUFORNIA 94b07
M.RQSSOFF
nNiteeu
MAN
susAN
(415) 634-2743
Of COUhStL
CLARK r_A4C6CRI►.►.C_
September 26, 1983
James E. Ganzer, Esq.
Law Offices of Freeman, Rishwain & Hall
1818 Grand Canal Boulevard
Stockton, California 95207
RE: City of Lodi v. Alegre, et al.
Dear Mr. Ganzer:
The following is in response to your letters of August
23 and 29, 1983, proposing a schedule for payment in full of de-
linquent assessments, penalties, attorneys' fees, and costs, on
Assessor's Parcel Nos. 49-80-44 and 49-80-50. We have prepared
the enclosed Agreement for signature by your clients, Frank C.
Alegre acid Helen C. Alegre, as trustees for the Frank C. Alegre,
Sr. and Helen C. Alegre Revocable Trust, owner of Parcels
49-80-44 and 49-80-50 of the Cluff/Turner Assessment District
No. 1.
It appears that the County Hoard of Supervisors may
have to approve the Agreement. In addition, the County Tax
Collector, who has some discretion as to whether to accept such a
plan, has required Lodi City Council approval and has also
specified that the plan be treated as a Permanent Installment
Plan under Rev. & Tax Code §4216, et sec., except that
installment payments will be made monthly rather than annually_
Therefore, we have referenced the salient features of the
Permanent Installment Plan generally or specifically in the
Agreement, but of course you should review the relevant code
sections yourself. Although we were all hopeful payments could
begin in September, it now appears that preparation and review
and approval of the Agreement will delay the first payment until
October.
To expedite' matters, copies of this letter and the
enclosures are being sent to the City and the County Tax
Collector for review and approval. If any problems develop, I