[Ayatollahgondola]

Document Highlights

Allegedly, the Defendant had attempted to arrange prepayment of rents with some tenants prior to the July 1,2015 rent and in certain cases up to 6 months in advance.

Due to lack of power, two tenants refuse to pay the rent. Efforts will be made as part of the repairs needed to restore power to those tenants. According to them, Bixby had promised them that he would restore power over a month ago but had failed to do so,

The Defendant has various construction equipment, a trailer and two construction mobile offices at the site and arrangements have been made with his counsel to meet with him and have the equipment removed from the site.

We met with the San francisco Running Association who was in the process of vacating the building. They indicated that due to unfulfilled promises from Mr. Bixby, they were relocating to another facility, Eli, a representative of the Association indicated that they had legal claims pending against Mr. Bixby due to the occupancy, but did not want to discuss in person.

DH Construction indicated that they had only spent about 20 minutes on site with Mr. Bixby prior to the contract. They indicated that Mr.Bixby had indicated the work scope, They further indicated that they figured, and discussed with Mr. Bixby that if they did not have to spend as much on the
repair work, they could do other improvements at the project such as upgrading electrical and possible tenant improvements. It was our opinion that this contract was made more for the purpose of creating a document that could be provided to the lender rather than an arms length transaction for the actual repairs of the fire damaged project.

Visited the site for purposes of collection of rents. A meeting was scheduled with Mr. Bixby to arrange for his removal of all his equipment and vehicles. According to his attorney, Charles Tweedy, he was to meet at the site this morning and failed to do so and repeated attempts have been made without success.