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HOON
San Francisco Superior Courts
{Information Technology Group
Document Scanning Lead Sheet
Oct-13-2006 9:28 am
Case Number: PTR-06-288755
Filing Date: Oct-10-2006 9:28
Juke Box: 001 Image: 01566003
GENERIC PROBATE PLEADING
IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST
001P01566003
Instructions:
Please place this sheet on top of the document to be scanned.act
DuFFy & BASS LtP
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WILLIAM H. ORRICK, III (SBN 113252)
ANTHONY P. VECINO (SBN 202987)
COBLENTZ, PATCH, DUFFY & BASS LLP
One Ferry Building, Suite 200 F L ER D
San Francisco, is) 3914800 1-4213 San Francisco County Superior Court
Telephone: (415
Facsimile: (415) 989-1663 : OCT 10 2006
. poORD ABICLI, Clerk
Attorneys for Creditor:
Baum Thornley Architects, LLP
IN THE SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
CASE NO.: PTR-06-288755
In the Matter of STATEMENT OF INTEREST
THE ROSIA L. HART
REVOCABLE TRUST Date: November 13, 2006
DATED May 19, 2004 Time: 9:00 a.m.
Place: Dept. 204
1 Baum Thornley Architects, LLP ("BTA") has filed a verified Ex Parte Petition for an
Order for Special Notice of Proceedings Involving the Rosia L. Hart Revocable Trust dated May 19,
2004 (the “Petition”) pursuant to Probate Code § 17204(b)({2) to request an Order of this Court
confirming that BTA, as a creditor, is an interested party in this proceeding and that it be entitled to
special notice of all matters for which special notice may be requested pursuant to §17200 of the
California Probate Code. This verified Statement explains BTA's interest in matters now pending
hearing on the Petition for Recovery of Trust Property, For Cancellation of Instruments, and
Damages Including Elder Abuse (the "Petition for Recovery") set for hearing before this Court on
October 10, 2006.
2. The Petition for Recovery seeks a declaration that the Owner Participation Agreement
entered into by and between, the Redevelopment Agency of the City and County of San Francisco
and Bayview Village, LLC regarding real Property in the City and County of San Francisco,
STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLPCOBLENTZ
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California, commonly known as at 950 Newhall, San Francisco, CA (the “Property”), and other
related documents are void. BTA, a licensed architectural firm that performed architectural design
services for a proposed work of improvement approved under the Owner Participation Agreement,
serves notice to the Petitioner and the Court that not only does it have a substantial claim against the
Property and its owner, but also that cancellation of agreements related to the Property will damage
Ms. Hart.
3. BTA is currently owed the sum of $112,668.97 for services rendered to or for the
benefit of the owner(s) of the Property in connection with the Owner Participation Agreement, plus
interest at the rate of eighteen percent (18%) per year on all overdue payments from the date such
sums became overdue. Pursuant to Section 3081.5 of the California Civil Code, BTA has the right to}
record a design professional's lien to encumber the Property and secure the debt owed.
4, A named defendant in this matter, Gregory K. Wiggins, represented to BTA that he
had the legal power and authority to enter into the Owner Participation Agreement as the Manager of |
Bayview Village, LLC, and into other contracts and arrangements with BTA, either in his capacity as
{i) an owner of the Property, (ii) a person with apparent authority to act as the duly authorized legal
agent, or (iii) attorney-in-fact for the owner(s) of the Property. Mr. Wiggins also represented to BTA
that he was the nephew of Rosia L. Hart.
5. Rosia L. Hart attended approximately ten (10) meetings with BTA together with Mr.
Wiggins to discuss the development of the Property. At all such times, it appeared to BTA personnel
present at the meetings that Ms. Hart understood the substantive nature of the development project
and desired that it proceed as planned. During these meetings, it appeared that Ms. Hart and Mr.
Wiggins were operating as family members with common ownership of the Property and a common
goal in its development.
6. The Property is located in the Bayview Hunters Point area of San Francisco. The plan
is to create a five story structure, consisting of four stories of residential units above a ground floor
retail space and a sixteen space underground garage. This is a much needed and desired
improvement in the neighborhood. The project, which includes affordable rental units, has received
the enthusiastic support of the Bayview Hunters Point Project Area Committee.
2
STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLP1
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7. The development work completed thus far has substantially increased the value of the
Property. The project has cleared several initial phases in the development process. It is currently at
a sensitive stage because other parties have been contracted to provide services and the various
parties and government agencies involved in the development process, including several agencies of
the City and County of San Francisco, desire to proceed consistent with their respective duties and
timelines. However, the Court proceedings now present a substantial impediment to the process.
8. Certain relief requested in the Petition for Recovery (specifically, the cancellation of
certain instruments and/or the declaration that certain instruments are void as related to the Property
and Bayview Village, LLC) could result in the loss of substantial vatue to the Property. Importantly,
the Owner Participation Agreement with the Redevelopment Agency was entered into by Bayview
Village, LLC and all approvals and permits issued to date have been granted to Bayview Village,
LLC. Voiding the documents establishing this entity and those that funded it with the Property
would effectively terminate the development project, eliminating all entitlement and progress on the
project and damaging the owner of the Property.
9. Moreover, the cancellation of the instruments or the declaration that certain
instruments are void as related to the Property and Bayview Village, LLC could subject the
Conservatee, Conservator and others to damages and liability for damages attributable to the loss of
value in the Property.
10. BTA is owed the amount described in paragraph 3, regardless of whether the Property
is developed. However, BTA urges that the Court and Petitioner take notice of the value that has
been added to the Property as a result of the services BTA and others have rendered and that they
preserve value for the lawful owner of the Property.
11. BTA does not support the wrongful actions of others. Because of the importance of
the project, BTA hopes to preserve the Property's increased value by working with the temporary
Conservator and successor Trustee, Herb Thomas, and ultimately with whoever has legal ownership
of the Property.
3
STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLPDurry & BAss Lup
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12. BTA therefore urges that the Court consider these issues and withhold a decision on
the relief requested in the Petition for Recovery for the cancellation of instruments and/or the
declaration that certain instruments are void as related to the Property and Bayview Village, LLC
until such time as the parties are able to properly frame the issues to be resolved by the Court or
otherwise reach an agreement to be confirmed by the Court. This will allow the parties to ascertain
their rights and properly assess the opportunities and ramifications of actions related to the Property.
DATED: October 5 » 2006
Anthony A,Vecino, Attorneys for Petitioner
4
STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLPVERIFICATION
1, Robert Baum, as a Principal of Baum Thornley Architects, LLP, an interested party in the
above-entitled matter, declare that I have read the foregoing Statement and know its contents, which
are true to my own knowledge except as to those matters which are stated on my information and
belief and as to those matters I believe it to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed on _OCY- 5 , 2006, at San
Francisco, California.
OuFFY & BASS LLP
PATCH,
One Ferry Buona, Suite 200, SAN Francisco, CA 94111-4213
(415) 391-4800 © FAX (415) 989-1663
COBLENT2
28
07516.001.485532v
CHITECTS, LLP:
5
STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLP
Preview
HOON San Francisco Superior Courts {Information Technology Group Document Scanning Lead Sheet Oct-13-2006 9:28 am Case Number: PTR-06-288755 Filing Date: Oct-10-2006 9:28 Juke Box: 001 Image: 01566003 GENERIC PROBATE PLEADING IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST 001P01566003 Instructions: Please place this sheet on top of the document to be scanned.act DuFFy & BASS LtP COBLENTZ. One Ferry Builoina, . PATCH, utTeE 200, 3 oc wo yw A nw Fw HY = — se be = oS San Francisco, CA 94111-4213 (415) 391-4800 © FAX (41S) 989-1663 = 28 07516,001.485532v C C WILLIAM H. ORRICK, III (SBN 113252) ANTHONY P. VECINO (SBN 202987) COBLENTZ, PATCH, DUFFY & BASS LLP One Ferry Building, Suite 200 F L ER D San Francisco, is) 3914800 1-4213 San Francisco County Superior Court Telephone: (415 Facsimile: (415) 989-1663 : OCT 10 2006 . poORD ABICLI, Clerk Attorneys for Creditor: Baum Thornley Architects, LLP IN THE SUPERIOR COURT OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO CASE NO.: PTR-06-288755 In the Matter of STATEMENT OF INTEREST THE ROSIA L. HART REVOCABLE TRUST Date: November 13, 2006 DATED May 19, 2004 Time: 9:00 a.m. Place: Dept. 204 1 Baum Thornley Architects, LLP ("BTA") has filed a verified Ex Parte Petition for an Order for Special Notice of Proceedings Involving the Rosia L. Hart Revocable Trust dated May 19, 2004 (the “Petition”) pursuant to Probate Code § 17204(b)({2) to request an Order of this Court confirming that BTA, as a creditor, is an interested party in this proceeding and that it be entitled to special notice of all matters for which special notice may be requested pursuant to §17200 of the California Probate Code. This verified Statement explains BTA's interest in matters now pending hearing on the Petition for Recovery of Trust Property, For Cancellation of Instruments, and Damages Including Elder Abuse (the "Petition for Recovery") set for hearing before this Court on October 10, 2006. 2. The Petition for Recovery seeks a declaration that the Owner Participation Agreement entered into by and between, the Redevelopment Agency of the City and County of San Francisco and Bayview Village, LLC regarding real Property in the City and County of San Francisco, STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLPCOBLENTZ PatcH, DUFFY & BASS LLP S (415) 391-4800 © FAX (415) 989-1663 Bb oo om YN A wD fF WN — op oS San Francisco, CA 94111-4213 One Ferry Buitoina, Suite 200, wN NN NN YY SF Fe Re Se A vn fF VY YN = FS oD wm NA WN N a 28 07516.001.485532¥' C C California, commonly known as at 950 Newhall, San Francisco, CA (the “Property”), and other related documents are void. BTA, a licensed architectural firm that performed architectural design services for a proposed work of improvement approved under the Owner Participation Agreement, serves notice to the Petitioner and the Court that not only does it have a substantial claim against the Property and its owner, but also that cancellation of agreements related to the Property will damage Ms. Hart. 3. BTA is currently owed the sum of $112,668.97 for services rendered to or for the benefit of the owner(s) of the Property in connection with the Owner Participation Agreement, plus interest at the rate of eighteen percent (18%) per year on all overdue payments from the date such sums became overdue. Pursuant to Section 3081.5 of the California Civil Code, BTA has the right to} record a design professional's lien to encumber the Property and secure the debt owed. 4, A named defendant in this matter, Gregory K. Wiggins, represented to BTA that he had the legal power and authority to enter into the Owner Participation Agreement as the Manager of | Bayview Village, LLC, and into other contracts and arrangements with BTA, either in his capacity as {i) an owner of the Property, (ii) a person with apparent authority to act as the duly authorized legal agent, or (iii) attorney-in-fact for the owner(s) of the Property. Mr. Wiggins also represented to BTA that he was the nephew of Rosia L. Hart. 5. Rosia L. Hart attended approximately ten (10) meetings with BTA together with Mr. Wiggins to discuss the development of the Property. At all such times, it appeared to BTA personnel present at the meetings that Ms. Hart understood the substantive nature of the development project and desired that it proceed as planned. During these meetings, it appeared that Ms. Hart and Mr. Wiggins were operating as family members with common ownership of the Property and a common goal in its development. 6. The Property is located in the Bayview Hunters Point area of San Francisco. The plan is to create a five story structure, consisting of four stories of residential units above a ground floor retail space and a sixteen space underground garage. This is a much needed and desired improvement in the neighborhood. The project, which includes affordable rental units, has received the enthusiastic support of the Bayview Hunters Point Project Area Committee. 2 STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLP1 2 3 4 5 6 " 7 a q 8 a , 28 10 “33° O20 Oz. 12 mee wis 13 as *% oot 14 38: eve 15 ar? 23 2 16 nt .o ze gz 17 wee . ea° 18 z 19 ‘ 20 é 21 22 23 24 25 26 27 28 07516.001.483532v C C 7. The development work completed thus far has substantially increased the value of the Property. The project has cleared several initial phases in the development process. It is currently at a sensitive stage because other parties have been contracted to provide services and the various parties and government agencies involved in the development process, including several agencies of the City and County of San Francisco, desire to proceed consistent with their respective duties and timelines. However, the Court proceedings now present a substantial impediment to the process. 8. Certain relief requested in the Petition for Recovery (specifically, the cancellation of certain instruments and/or the declaration that certain instruments are void as related to the Property and Bayview Village, LLC) could result in the loss of substantial vatue to the Property. Importantly, the Owner Participation Agreement with the Redevelopment Agency was entered into by Bayview Village, LLC and all approvals and permits issued to date have been granted to Bayview Village, LLC. Voiding the documents establishing this entity and those that funded it with the Property would effectively terminate the development project, eliminating all entitlement and progress on the project and damaging the owner of the Property. 9. Moreover, the cancellation of the instruments or the declaration that certain instruments are void as related to the Property and Bayview Village, LLC could subject the Conservatee, Conservator and others to damages and liability for damages attributable to the loss of value in the Property. 10. BTA is owed the amount described in paragraph 3, regardless of whether the Property is developed. However, BTA urges that the Court and Petitioner take notice of the value that has been added to the Property as a result of the services BTA and others have rendered and that they preserve value for the lawful owner of the Property. 11. BTA does not support the wrongful actions of others. Because of the importance of the project, BTA hopes to preserve the Property's increased value by working with the temporary Conservator and successor Trustee, Herb Thomas, and ultimately with whoever has legal ownership of the Property. 3 STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLPDurry & BAss Lup gu COBLENTZ PaTcH, wo Co YN DA UW fF WYN & ITE 200, SAN Francisco, CA 94111-4213 ae 3 A ABR DN = 5S (415) 391-4800 « FAX (415) 989-1663 oo One Ferry Builoina, nb wR SY NY NY N YN = A wv sf Oo N |= CS wo N x 28 07516.001.485532v| C C 12. BTA therefore urges that the Court consider these issues and withhold a decision on the relief requested in the Petition for Recovery for the cancellation of instruments and/or the declaration that certain instruments are void as related to the Property and Bayview Village, LLC until such time as the parties are able to properly frame the issues to be resolved by the Court or otherwise reach an agreement to be confirmed by the Court. This will allow the parties to ascertain their rights and properly assess the opportunities and ramifications of actions related to the Property. DATED: October 5 » 2006 Anthony A,Vecino, Attorneys for Petitioner 4 STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLPVERIFICATION 1, Robert Baum, as a Principal of Baum Thornley Architects, LLP, an interested party in the above-entitled matter, declare that I have read the foregoing Statement and know its contents, which are true to my own knowledge except as to those matters which are stated on my information and belief and as to those matters I believe it to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on _OCY- 5 , 2006, at San Francisco, California. OuFFY & BASS LLP PATCH, One Ferry Buona, Suite 200, SAN Francisco, CA 94111-4213 (415) 391-4800 © FAX (415) 989-1663 COBLENT2 28 07516.001.485532v CHITECTS, LLP: 5 STATEMENT OF INTEREST OF BAUM THORNLEY ARCHITECTS, LLP