HomeMy WebLinkAboutCC 3 CLAIM #90-26 09-17-90DATE: August 31, 1990
>ENT CALENDAR N0. 3
.3190,
Inter - Com
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ATTORNEY
SUBJECT: CLAIMANT: Feridoun Rezai; D/L: 3/9/90; DATE FILED W/CITY:
8/20/90; CLAIM NO: 90-26; CARL WARREN FILE NO: S 63623
CLB
After investigation and review it is recommended that the
above -referenced claim be rejected and the City Clerk directed to
give proper notice of the rejection to the claimant and to the
claimant's attorney.
JAMES' ---G. ROURKE
City Attorney
JGR:kbg(claim.frm)
Enclosure: Copy of Claim
August 16, 1990
Office of the City
City of Tustin
300 Centennial Way
Tustin, California
Gentlemen:
Clerk
..1
Re: Feridoun Rezai
On behalf of my client, Feridoun Rezai, and in accordance with the
provisions of Section 910 of the Government Code of the State of
California, I am presenting herewith this claim for damages, as
follows:
1. The applicant is Mr. Feridoun Rezai,
2. This claim arises as a result of the City having, on or
about March 9, 1990, illegally revoked applicant's building permit
for the construction of an apartment building located at 15642 Pas-
adena Avenue, in the City of Tustin. Having appealed this action
by the City, a final hearing was held by the City Council on July
2, 1990, at which time one or more resolutions were passed which
permitted applicant to continue with the construction, provided
however, that substantial and costly modifications were made. A
new building permit which incorporated these changes was issued on
August 14, 1990.
3. At the present time, Mr. Rezai's damages consist of interest
on his indebtedness, lost income and reduced valuation of the
property, additional construction and demolition costs, additional
professional fees, and the like.
4. The individual/ -individuals causing Mr. Rezai's losses
are not known at present.
5. The amount of damages claimed as of this date is SEVEN
HUNDRED EIGHTY FIVE THOUSAND DOLLARS ($785,000), which has been
computed as follows:
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City of Tustin
page 2
a. Lost rentals, insurance, security, interest on loan,
supervisor's salary, for the period of from March 9, 1990 through
and including August 14, 1990. . . . . . . . . . . . .$150,000.
b. Cost of eliminating pre-existing construction,
including demolition costs. . . . . . . . . . . . . . $125,000.
C. Cost of new construction due to modifications,
including new building permits. . . . . . . . . . . . $ 839000.
d.- Professional fees, including real estate consultants,
architects, and attorneys. . . . . . . . . . . . . $ 251,000.
e. Prospective lost rentals computed at $2,400 per month,
or for 1991 and 1992, a total of approximately. $ 57,000.-
f. Anticipated reduced market value of property,
computed on a 12 times rental sales formula. $345,000.
Inasmuch as there is other litigation involving certain homeowners
and the City, and other variables, this claim is presented
without prejudice to applicant's right to claim additional damages
once they have been determined.
It is requested that all notices regarding this claim be sent to
the undersigned at the address shown above.
Thank you for your prompt attention to this matter.