2020/10/01 Mobile Home Park Rent Appeals Board Resolution (4)RESOLUTION NO.2020-04
A RESOLUTION OF THE ROHNERT PARK RENT APPEALS BOARD APPROVING
THE WRITE-OFF OF $89,033.99 IN UNPAID PROCESSING EXPENSES RELATING
TO CAPITAL IMPROVEMENT PASS -THROUGH 2O14-01 SUBMITTED BY RVP
ROHNERT PARK LP
WHEREAS, RVP Rohnert Park LP ("RVP"), the current owner of the Rancho Verde
Mobile Home Park, submitted Petition for Capital Improvement Pass Through No. 2014-01
("Petition") to the Rohnert Park Rent Appeals Board ("Board") on or about April 14, 2014; and
WHEREAS, as required by Section 8.01(B) of the Board's Rules and Regulations
("Rules"), RVP submitted a $5,000 deposit to the Board on or about April 21, 2014; and
WHEREAS, on or about May 27, 2014, RVP submitted an "Acknowledgment of
Reimbursement Obligation for Payment of Full Cost Recovery Fees for Application Processing
and Inspections Services" ("Reimbursement Agreement") executed by its attorney, Thomas W.
Casparian, agreeing to reimburse the Board for the actual costs the Board incurred to process the
Petition; and
WHEREAS, on or about August 26, 2014, the Board received a check from RVP for an
additional $35,000 to reimburse the Board for its actual cost of processing the Petition; and
WHEREAS, by letter dated February 2, 2015, the Board asked RVP to submit an
additional deposit of $50,000 to reimburse the Board for its actual cost of processing the Petition;
and
WHEREAS, by letter dated February 27, 2015, RVP refused the Board's request for an
additional $50,000 deposit; and
WHEREAS, on or about December 17, 2015, the Board issued a final Notice of Decision
on the Petition; and
WHEREAS, staff determined that the Board's actual cost of processing the Petition was
$129,033.99. RVP remitted $40,000 to the Board, however a balance of $89,033.99 remains
outstanding; and
WHEREAS, in letters dated August 10, 2016, September 12, 2016, and November 16,
2016, staff requested that RVP immediately reimburse the Board for the actual cost of processing
the Petition; and
WHEREAS, at its January 5, 2017 meeting, the Board approved a resolution ordering
RVP to immediately remit $89,033.99 to reimburse the Board for the actual costs it incurred to
process the Petition; and
WHEREAS, to date, RVP has refused and failed to remit the remaining $89,033.99
outstanding balance necessary to reimburse the Board for the actual costs it incurred to process the
Petition; and
WHEREAS, the option available to the Board to collect this outstanding balance is to
take legal action against RVP, which would likely cost more than the $89,033.99 the Board is
attempting to collect from RVP. For this reason, the Board has not pursued this option; and
WHEREAS, at its September 3, 2020 meeting, the Board considered the option of writing -
off the $89,033.99 outstanding balance owed by RVP for Petition 2014-01 and directed staff to
return to its October 1, 2020 meeting with a resolution to approve this write-off.
NOW, THEREFORE, BE IT RESOLVED by the Rohnert Park Mobile Home Rent
Appeals Board that the Board does hereby approve to write-off the 2014 Petition Costs of the
Rancho Verde Mobile Home Park that was recorded as a receivable for $89,033.99.
DULY AND REGULARLY ADOPTED by the Rohnert Park Rent Appeals Board this
1st day of October, 2020.
ATTEST:
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Sr: try
ROHNERT PARK MOBILE HOME PARKS
RENT APPEALS BOARD
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AYES: 3 NOES: 1 ABSENT: 0 ABSTAIN: 1