VOU
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`San Francisco Superior Courts
`Informatian Technology Group
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`Document Scanning Lead Sheet
`Jul-26-2002 3:17 pm
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`Case Number: CGC-02-410764
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`Filing Date: Jul-26-2002 3:05
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`Juke Box: 001
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`Image: 00471367
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`COMPLAINT
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`TONI! PROUD KENNEDYetal VS. LAWRENCE C LEGRANDEetal
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`001000471367
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`Instructions:
`Please place this sheet on top of the document to be scanned.
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`LEONARD P. MASTROMONACO(SB No. 103889)
`MATTHEW K. HINDMAN(SB No. 191153)
`Fitrin & Mastramonaco, LLP
`445 Bush Street, Suite 600
`San Francisco, CA 94108
`Telephone:
`(415)956-4030
`(415) 732-7555
`Facsimile:
`Attorney for TONII PROUD KENNEDY
`a.k.a. TON. PROUD, RENE BETHELand
`Vivaudou Property Partners, LLC
`Plaintiffs
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`ZITRIN&MASTROMONACG,LLPLAWYERS
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`SUPERIOR COURT OF CALIFORNIA
`UNLIMITED CIVIL JURISDICTION
`COUNTY OF SAN FRANCISCO
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`TONTT PROUD KENNEDY,a.k.a. TONTI PROUD; RENEE
`BETHEL-“and VIVAUDOU PROPERTY PARTNERS, LLC, a
`California limited liability company, 7%
`Plaintiffs,
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`\
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`vs.
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`GGG -02-410764
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`Case No.
`COMPLAINT TO
`QUIET TITLE; AND
`DECLARATORY
`RELTEF
`
`oS
`LAWRENCE C. LEGRANDE; LAWRENCE C. LEGRANDE
`AS SUCCESSOR TRUSTEE OF THE DAVID VIVAUDOU
`TESTAMENTARY TRUST AS SET FORTH UNDER THE
`SUPERIOR COURT ORDER DATED MAY29, 1987;5
`LAWRENCE C. LEGRANDE, PRESIDENT AND PROPERTY
`MANAGER OF VIVAUDOU PROPERTY PARTNERS, LLC;\8!
`j. BARTON FINK, LLC,a California limited liability company,
`JOHN N. MEDOVICH, CPA, PA; JOHN N, MEDOVICH,
`individually; FIRST REPUBLIC BANK,a Nevada corporation;
`KRUEGER BROS. BUILDERS, INC., a California corporation;
`ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR
`EQUITABLE RIGHT,TITLE, ESTATE, LIEN, OR
`INTEREST IN THE PROPERTY LOCATED AT 2301, 2309
`AND 2311 FILLMORE STREET AND 2500 CLAY STREET,
`SAN FRANCISCO, CALIFORNIA, ADVERSE TO
`PLAINTIFFS’ TITLE OR ANY CLOUD ON PLAINTIFFS’
`TITLE TO THE PROPERTY LOCATED AT2301, 2309 AND
`9311 FILLMORE STREET AND 2500 CLAY STREET, SAN
`FRANCISCO, CALIFORNIA;and DOES | through 50,
`inclusive,
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`i
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`Defendants
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`

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`FIRST CAUSE OF ACTION
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`(Quiet Title)
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`Plaintiffs TONLL PROUD KENNEDYa.k.a. TONIL PROUD; RENE BETHELand
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`VIVAUDOUPROPERTY PARTNERS, LLC complain against LAWRENCEC. LEGRANDE;
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`LAWRENCE C. LEGRANDE AS SUCCESSOR TRUSTEE OF THE DAVID VIVAUDOU
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`TESTAMENTARY TRUST AS SET FORTH UNDER THE SUPERIOR COURT ORDER
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`DATED MAY29, 1987, LAWRENCE C. LEGRANDE, PRESIDENT AND PROPERTY
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`MANAGER OF VIVAUDOU PROPERTY PARTNERS, LLC; J. BARTON FINK, LLC, a
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`California limited liability company; JOHN N. MEDOVICH,CPA, PA; JOHN N. MEDOVICH,
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`individually; FIRST REPUBLIC BANK, a Nevada carporation, KRUEGER BROS. BUILDERS,
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`INC., a California corporation, ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR
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`EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY
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`LOCATED AT 2301, 2309 AND 231] FILLMORE STREET AND 2500 CLAY STREET, SAN
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`FRANCISCO, CALIFORNIA, ADVERSE TO PLAINTIFFS’ TITLE OR ANY CLOUD ON
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`PLAINTIFFS’ TITLE TO THE PROPERTY LOCATED AT 2301, 2309 AND 2311 FILLMORE
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`STREET AND 2500 CLAY STREET, SAN FRANCISCO, CALIFORNIA,and DOESI through
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`50, inclusive,, as follows:
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`1. The real property that is the subject ofthis action is located in San Francisco County,
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`California, and is commonly known as 2301, 2309 and 2311 Fillmore Street and 2500 Clay Street
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`FITRIN&MASTROMONACO,LLPLawrERs
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`(the “Fillmore Property”), and is more particularly described as follows:
`COMMENCINGat a point on the Northerly line of Clay Street, distant thereupon 25 feet
`Westerly from the Westerly line of Fillmore Street, and running thence Easterly along the
`Northerly line of Clay Street 25 feet to the Westerly line of Fillmore Street; thence
`Northerly along the said Westerlyline ofFillmore street 102 feet 8-1/4 inches, thence at a
`right angle Westerly 50 feet; thenceat a right angle Southerly 17 fect 1-3/8 inches; thence
`Easterly 25 feet, more orless, to a point $5 feet 5-3/4 inches perpendicularly distant
`Northerly from the Northerly line ofClay Street on a line drawn through the point of
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`Page 2
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`Complaint to Quiet Title, Ete.
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`commencement; thence Southerly along the last mentioned line 85 feet 5-3/4 inches to the
`point of commencement.
`BEINGa portion of WESTERN ADDITION BLOCK NO. 351.
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`APN: 5-0611-004
`2. Plaintiffs do not know the true names, capacities, bases forliability, or interests in the
`Fillmore Property of defendants suedin this action as Does 1 through 50, inclusive, and will
`amend this complaint when that information is discovered. Atall relevant times, each defendant,
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`including any defendantfictitiously named, claims an interest in the Fillmore Property or was
`acting as the agent, servant, employee, partner, or joint venturer ofeach other defendantin doing
`the things alleged and is responsible in some manner for the damages and disputes alleged in this
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`complaint.
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`3. Atall times relevantto this action, Plaintiffs Tonii Proud Kennedy a.k.a. Toni Proud
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`(“Kennedy”) and Rene Bethel (“Bethel”) were the designated beneficiaries of the David
`Vivaudou Trust (“Vivaudou Trust”) to receive the Fillmore Property as follows: Kennedy wasto
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`receive a 75% fee simple ownership ofthe Fillmore Property and Bethel was ta receive a 25% fee
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`simple ownership of the Fillmore Property.
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`4 Defendant Lawrence C. LeGrande (“LeGrande”)} was appointed the successortrustee of
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`the Vivaudou Trust pursuantto the Superior Court Order Dated May 29, 1987. LeGrande
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`executed the Trust Transfer Deed as Trustee ofthe Vivaudou Tnustso as to cause the transfer of
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`the Fillmore Property from “Lawrence C, LeGrande, CPA, Trustee of the David Vivaudou Trust”
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`as grantorto “Lawrence C. LeGrande President and Property Manager of Vivaudou Property
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`Partners, LLC, Tonii Proud and Rene Bethel, Members.” The Trust Transfer Deed was recorded
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`on March 9, 2000. A true and correct copy ofthe Trust Transfer Deedis attached hereto as
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`Exhibit A.
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`Page 3
`Complaint to Quiet Title, Btc.
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`LAWYERS
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`5 LeGrandedid not cause Vivaudou Property Partners, LLC tofile its Articles of
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`Organization with the California Secretary of State until April 12, 2000; as a result, Vivaudou
`Property Partners, LLC was not in existence at the time that the Trust Transfer Deed was recorded
`on March 9, 2000. Kennedy and Bethel are the only members of Vivaudou Property Partners,
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`LLC. A true and correct copy ofthe filed endorsed Articles of Organization for Vivaudou
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`Property Partners, LLC is attached hereto as Exhibit B.
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`6. David Vivaudou, Kennedy and Bethel are siblings.
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`In September and October 2000, Tonii Proud, Rene Bethel, and LeGrande entered into a
`7.
`Professional Property Management Agreement between Vivaudou Property Partners, LLC and
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`Lawrence C. LeGrande, Pursuant to Paragraph4 of the Professional Property Management
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`Agreement, the parties agreed to reasonable attorney fees in the event of any lawsuit. A true and
`correct copy of the Professional Property Management Agreement is attached hereto as Exhibit C.
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`8 Onor about November 6, 2001, LeGranderesigned as President of Vivaudou Property
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`Partners, LLC and as Property Managerfor the Fillmore Property. By action ofKennedy and
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`Bethel as Members of the Vivaudou Property Partners, LLC and pursuantto the Operating
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`Agreementfor Vivaudou Property Partners, LLC and pursuant to the termsofthe Professional
`Property Management Agreement (Exhibit C), they confirmed and acknowledged that LeGrande
`has resigned as both President of Vivaudou Property Partners, LLC and as Property Managerfor
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`the Fillmore Property.
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`9 Plaintiffs seek to quiettitle against the following claims of the following named
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`defendants:
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`a. Lawrence C. LeGrande, who holdstitle as fee owner pursuant to that Trust Transfer
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`ZITRIN&MASTROMONACO,LLPLawrers
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`Deed Recorded on March 9, 2000 (Exhibit A) which identifies the ownerofthe Fillmore Property
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`Page 4
`Complaint to QuietTitle, Ete.
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`as “Lawrence C. LeGrande, President and Property Manager Of Vivaudou Property Partners,
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`LLC.
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`b Lawrence C. LeGrande as Successor Trustee of the David Vivaudou Testamentary
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`Trust as set forth under The Superior Court Order Dated May 29, 1987 since the Fillmore
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`Property was to be transferred to Tonii Proud Kennedy and Rene Bethel pursuantto the terms of
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`the Vivaudou Trust.
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`c.
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`J. Barton Fink, LLC, a California limited liability company, whichis a tenant
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`pursuant to that certain Commercial Lease Agreement between Vivaudou Property Partners, LLC
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`and J. Barton Fink, LLC dated February 23, 2000 for the premises located at 2301 Fillmore
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`Street, San Francisco, California, consisting of 2,513 square feet on the ground floor, 380 square
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`of second floor office space, and 660 square feet of basement storage area. Furthermore,
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`J. Barton Fink, LLC is a party to the Addendum To Lease dated February 23, 2000 between
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`Vivaudou Property Partners, LLC (“Landlord”) and J. Barton Fink, LLC (“Tenant”) for the office
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`space known as 2311 Fillmore Street, Suite 201, San Francisco, California (the office space
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`which has its front with windows on Fillmore Street). Also, Vivaudou Property Partners, LLC, as
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`Landlord, and J. Barton Fink, LLC,as Tenant, entered into a First Addendum To Commercial
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`Lease dated February 23, 2000 that amendedcertain terms of the Commercial Lease Agreement.
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`‘The Commercial Lease Agreement, the Addendum To Lease, and the First Addendum To Lease
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`are collectively referred to as the Commercial Lease Agreement and attached hereto as Exhibit D.
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`d.
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`John N. Medovich, CPA, PA, and John N. Medovich,individually (collectively
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`referred to as “Medovich”) rents the office space located at 2500 Clay Street, Suite 202,
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`San Francisco, California pursuant to the Lease-General Form dated November 24, 1995
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`(“Medovich Lease Agreement”). Pursuant to J] 19.11 of the Medovich Lease Agreement,
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`Page 5
`Complaint to Quiet Title, Etc.
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`Medovich is holding possession of Suite 202 on a month-to-month basis. A true and correct copy
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`of the Medovich Lease Agreementis attached hereto as Exhibit E.
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`e. First Republic Bank, a Nevada corporation, formerly knownasFirst Republic Thrift
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`& Loan, is the holder of a Deed of Trust to secure an original indebtedness of Seven Hundred
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`Fifty Thousand Dollars ($750,000.00) recorded on January6, 1995 in Book G292, Page 65, as
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`Document No. 95-F738818 ofthe official records ofthe City and County of San Francisco(“First
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`Republic Deed of Trust.”). This First Republic Deed ofTrust was dated December 29, 1994,
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`with the Trustor being Lawrence C. LeGrande, Successor Trustee ofthe David Vivaudou
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`Testamentary Trust, as set forth under Superior Court Order dated May 29, 1987, and the Trustee
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`being Old Republic Title Company, with the beneficiary being First Republic Thrift & Loan.
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`First Republic Bankis the successorin interest to First Republic Thrift & Loan.
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`f£ Krueger Bros. Builders, Inc. has filed a lien against the Fillmore Property on
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`February 14, 2002 in the amount of $9,930.60. Krueger Bros. Builders, Inc. has filed a filed a
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`complaint for Breach of Contract, Quantum Meruit and to Foreclose Mechanic’s Lien in this
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`court in the action entitled “Krueger Bros. Builders, Inc, v. Vivadou(sic) Property Partners, LLC,
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`ZORIN&MASTROMONACSO,LLPLAWYERS
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`et al., Case Number CGC-02-408010.
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`10, Plaintiffs do not know the exact names, capacities, or interests in the Fillmore Property of
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`certain defendants, which Plaintiffs designate for this action as “all persons unknown, claiming
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`any legal or equitable right,title, estate, lien, or interest in the property located at 2301, 2309 and
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`2311 Fillmore Street and 2500 Clay Street, San Francisco, California adverse to Plaintiffs’ title,
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`or any cloud on Plaintiffs’title to the property located at 2301, 2309 and 2311 Fillmore Street and
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`2500 Clay Street, San Francisco, California.” Plaintiffs seek to quiettitle in the Fillmore Property
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`against the claim of each such defendant, and each such defendant has noright,title, estate, lien,
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`Page 6aI
`Complaint to Quiet Title, Etc.
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`ee
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`or Interest in the Fillmore Property or any part ofit. Plaintiff will serve this class ofdefendants
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`by publication as the court allows.
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`11, Plaintiffs seek to quiettitle against all defendants and each of them as ofMarch 3, 2000,
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`which is the date when the Fillmore Property was transferred from the Vivaudou Trust to
`Lawrence C. LeGrande, President and Property Manager of Vivaudou Property Partners, LLC,
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`Tonii Proud, and Rene Bethel, Members, as indicated on the Trust Transfer Deed (Exhibit A).
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`Defendants Lawrence C. LeGrande, individually and in his representative capacities as Trustee of
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`the Vivaudou Trust and as President and Property Manager ofVivaudou Property Partners, LLC,
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`and Does 1 ta 10, inclusive, have no ownership interest or possessoryinterest in the Fillmore
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`Property. Any claim ofDefendants Lawrence C. LeGrande and Does | to 5, inclusive, is without
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`any right, title, estate, lien, or interest in the Fillmore Property or any part ofit.
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`12. J. Barton Fink, LLC is named as a defendantin this action becauseit holds possession of
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`the premises described in the Commercial Lease Agreement (Exhibit D). Plaintiffs seek quiet
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`title against J. Barton Fink, LLC and Does11 to 15, inclusive, concerning said defendants’
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`interest in the Fillmore Property, When the Lease was entered into on February 23, 2000 between
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`Vivaudou Property Partners, LLC and J, Barton Fink, LLC, Vivaudou Property Partners, LLC
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`was not yet formed with the California Secretary of State. J. Barton Fink, LLC,as lessee in
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`possession ofthe premises described in the Commercial Lease Agreement (Exhibit D), is entitled
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`io its Lease rights in the Fillmore Property, and Plaintiffs do not contest J. Barton Fink’s rights
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`and benefits under the Commercial Lease Agreement (Exhibit D). Upon conclusion ofthe Quiet
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`Title action, J, Barton Fink, LLC will havethe rights and benefits under the Commercial Lease
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`Agreement (Exhibit D), unless J. Barton Fink, LLC is otherwise in default ofthe Commercial
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`Lease Agreement (Exhibit D). However, Plaintiffs have named J. Barton Fink duetoits interest
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`Page 7
`Complaint to Quiet Title, Etc.
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`in the Fillmore Property, but Plaintiffs do not seek any recourse or recovery, including, but not
`limited to attorney fees or legal costs, against J. Barton Fink.
`13. Medovich is named as a defendantin this action because he holds possession ofthe
`premises described in the Medovich Lease Agreement (Exhibit £), and Plaintiffs seek quiettitle
`against Medovich and Does16 to 20, inclusive, concerning said defendants’ interest in the
`Fillmore Property. Medovich,as tenantin possession ofthe premises described in the Medovich
`Lease Agreement (Exhibit £),is entitled to his lease rights in the described office space, and
`Plaintiffs do not contest Medovich’s rights and benefits under the Medovich Lease Agreement
`(Exhibit E). Upon conclusion ofthe Quiet Title action, Medovich will have the rights and
`benefits under the Medovich Lease Agreement (Exhibit E), unless Medovich is otherwise in
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`default ofthe Medovich Lease Agreement (Exhibit E). However, Plaintiffs have named
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`Medovich dueto its interest in the Fillmore Property, but Plaintiffs do not geek any recourse or
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`recovery, including, but notlimited to attorney fees or legal costs, against Medovich.
`14. First Republic Bank,as the beneficiary ofthe First Republic Deed of Trust, and Does 21
`to 25 are entitled to its security against the Fillmore Property, and Plaintiffs do not contest First
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`Republic Bank’s rights and benefits under the First Republic Deed of Trust orthefirst lien
`priority thereof. Upon the conclusion ofthe Quiettitle action, the First Republic Deed ofTrust
`will remain a valid first lien on the Fillmore Property. However, Plaintiffs have named First
`Republic Bank and Does 21 to 25, inclusive, due ta its interest in the Fillmore Property, but
`Plaintiffs do not seek any recourse or recovery against First Republic Bank.
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`15, Plaintiffs deny that Krueger Bros. Builders, Inc. and Does 26 to 30 have any right or claim
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`to any money from Plaintiffs and that the lien was in appropriately filed.
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`WHEREFORE,Plaintiffs pray for Judgmentashereinafter set forth.
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`Page 8
`Complaint to Onict Title, Etc.
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`Zi7RIM&MASTROMONACC,LLPLAWYERS
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`SECOND CAUSE OF ACTION
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`(Declaratory Relief)
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`Plaintiffs TON PROUD KENNEDYa.k.a. TONI PROUD; RENE BETHEL and
`VIVAUDOU PROPERTY PARTNERS, LLC complain against LAWRENCE C. LEGRANDE,
`LAWRENCE C. LEGRANDE AS SUCCESSOR TRUSTEE OF THE DAVID VIVAUDOU
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`TESTAMENTARY TRUSTAS SET FORTH UNDER THE SUPERIOR COURT ORDER
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`DATED MAY29, 1987; LAWRENCEC. LEGRANDE, PRESIDENT AND PROPERTY
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`MANAGER OF VIVAUDOU PROPERTY PARTNERS, LLC and DOES1 through 10,
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`inclusive, as follows:
`16. Plaintiffs incorporate by reference each and every allegation ofthe First Cause ofAction
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`d. The Vivaudou Trust was dissolved;
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`Page 9
`Complaint to Quict Title, Etc.
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`as thoughfully set forth herein.
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`17. An actual controversy exists because Plaintiffs claim that Lawrence C. LeGrande,
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`15||Lawrence C. LeGrande As Successor Trustee OfThe David Vivaudou Testamentary Trust As Set
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`16|Forth Under The Superior Court Order Dated May 29, 1987; Lawrence C. LeGrande, President
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`17|And Property Manager Of Vivaudou Property Partners, LLC and Does 1 to 10 have no interest in
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`the Fillmore Property because:
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`a. LeGranderesigned as President ofVivaudou Property Partners, LLC and as
`, PropertyManagerfortheFillmoreProperty;
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`7)
`b. LeGrande was removed both as President ofVivaudou Property Partners, LLC and
`43|as Property Managerfor Vivaudou Property Partners, LLC for the Fillmore Property;
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`c. The Vivaudou Trust provided that Kennedy and Bethel were the beneficiaries
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`25|entitled to receive the Fillmore Property,
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`e. LeGrandehadnolegal, equitable, or other right to assert any ownership interest in
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`the Fillmore Property; and
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`f LeGrande hadnolegal, equitable, or other right to insert his namein the title since
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`he had no ownership interest in the real property.
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`18. Plaintiffs, through their counsel on numerous occasions, have requested that LeGrande
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`execute documents, including a Grant Deed, so that his name would be removed from thetitle to
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`the Fillmore Property. However, LeGrande refused, and continues to refuse, to execute any
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`documents, including the Grant Deed,so that his name will be removed from the title to the
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`Fillmore Property.
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`19. Unless ordered to do so by this Court, LeGrande will not cooperate with Plaintiffs to assist
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`in the resolution ofthis title dispute.
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`20. Therefore, a declaratory judgmentby this Court is necessary in order to resolve these
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`controversies.
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`WHEREFORE,Plaintiffs pray for Judgmentas follows:
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`Onthe First Cause of Action — Against All Defendants:
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`1.
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`Judgment quietingtitle in Plaintiffs’ favor as follows: Kennedy as a 75% fee simple
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`ownership of the Fillmore Property and Bethel as a 25% fee simple ownership ofthe Fillmore
`Property described in Paragraph 1.
`2. That Defendants Lawrence C. LeGrande and Does 1 to 10, inclusive, and each ofthem,
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`have no right,title, estate, lien, or interest in the Fillmore Property adverse to Plaintiffs;
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`3. That Defendants J. Barton Fink, LLC and Does 11 to 15,inclusive, have noright, title,
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`estate,lien, or interest in the Fillmore Property adverse to Plaintiffs exceptfor the rights, estate,
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`interest and benefits under the Commercial Lease Agreement (Exhibit D);
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`Complamt lo Quiet Tithe, Ete.
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`4. That Defendants Medovich and Does16 to 20,inclusive, have no right, title, estate, lien,
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`or interest in the Fillmore Property adverse to Plaintiffs except for the rights, estate, interest and
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`benefits under the Medovich Lease Agreement (Exhibit E);
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`5. That First Republic Bank and Does 21 to 25 have noright,title, estate, lien, or interest in
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`the Fillmore Property adverse to Plaintiffs except for the rights, interests, and benefits under the
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`First Republic Deed of Trust, and that the First Republic Deed of Trust is secured against the
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`Fillmore Property, and that Plaintiffs are bound by the termsof the First Republic Deed of Trust.
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`6. That Krueger Bros. Builders, Inc. and Does 26 to 30 have no right,title, estate, lien, or
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`ooss)CAO4Ahad
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`ZITRIN&MASTROMOMACO,LLPLAWYERS
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`interest in the Fillmore Property adverse to Plaintiffs.
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`7. Costs of suit;
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`8. As against LeGrande and Does 1-5, inclusive, only: for reasonable attorney fees; and
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`9. Other or further relief that the Court considers proper.
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`On the Second Cause of Action - Against Lawrence C. LeGrande; and Does 1 through 10,
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`inclusive, only.
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`10. For declaratory judgmentthat Plaintiffs are the fee owners of the Fillmore Property;
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`11. That LeGrande hasnointerest in the Fillmore Property;
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`12. For reasonable attorney fees;
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`13. For costs of suit incurred; and
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`14, For such and further relief as the Court may deem just and proper.
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`Dated: July26,2002.
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`{ be tbat xeMaleate “ay
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`LEONARD P. MASTROMONACO
`Attorney for Plaintiffs TONIZ PROUD KENNEDY
`a.k.a. TONI PROUD, RENE BETHELand
`VIVAUDOU PROPERTY PARTNERS, LLC
`
`Page 1
`Complaint ta Quiet Title, Etc.
`
`

`

`

`

`Commnsss mee HAan
`dl
`As
`Franeiseo
`-
`SH SCO
`ASSEsst._.écorder
`fl. Ward, Assessor-Recordar
`Oris
`DOCc- 2000-G744549-99
`AND WHEN RECORDEDMAIL TO:
`7
`Thursday, MAR @S, 2000 43:18:13
`we Lawrence Le¢randé
`Pd
`$12.30
`Nbr=0001370635
`REEL H590 IMAGE
`ae, BO Boy 356%
`city
`OAKLAND en 94609~L567
`aePRA,
`Zip [
`_|
`
`SPACE ABUVE Pid smi o..- eee
`Trust Transfer Deed .
`THIS FORM FURNISHED BY TRUSTORS SECURITY SERVICE
`
`LANE PARKER
`
`State
`
`TTD 879 1D
`
`‘
`
`A
`
`‘SA
`
`—
`
`181619
`
`Grant Deed (excluded from Reappralsal Under Proposition 13 Le., Calif. Const. Art 134 §1 et. seq.)
`The undersigned Grantor(s)declara(s)under
`enalty
`of perjury that the following is true and correct:
`THERE IS NO CONSIDERATION FOR
`THIS TRANFER.
`:
`Documentary Iransfer tax is8“
`C] Computed onfull value of property conveyed, or [] Computed onfull value Jess vaiue of liens and encumbrances remaining
`_ at time of sale ortransfer.
`[] There is no Decumentary transfer tax due. (stale reason and give Code & or Ordinance number} ————____________
`( Unincorporated areas O Cityof_toanid
`This is a Trust Transfer under $62 of the Revenue and Taxation Code and Grantor{s) has (have) checked the applicable
`exclusion:
`.
`Transfer to a revocable trust;
`Transfer to @ shori-term trust not exceeding 12 years with trustor hoiding the reversion,
`Transfer to a trust where the trustor or the trusior's spouseis the sole beneficiary;
`Changeof trustee holding litle;
`Transfer from trust to trustor or trustor's spouse where prior transter to trust was excluded from reappraisal and for a valuable
`consideration, receipt of which is acknowledged.
`\
`Other:
`
` OGMOOO
`
`:
`
`LAWRENCE C. LE GRANDE, CPA, TRUSTEE OF THE DAVID VIVADOU TRUST
`GRANTOR(S):
`VAY
`hereby GHRANT(S) to LAWRENCE C. LE GRANDE, PRESIDENT & PROPERTY MANAGER
`OF veh
`yl
`PROPERTY PARTNERS LLC? TONI PROUD AND RENE BETHEL, MEMBERS
`
`Pow
`
`{
`
`
`
`ASSESSORSPARCELNO.
`
`the following described real property inthe city and
`Countyof San Francisco
`, State of California:
`
`Dated
`
`State of California
`County of
`
`Alameda
`
`“
`rence C. LeGrande
`
`J
`
`See Schedule Ai
`
`
`on12]@o/pa9.s —before me,._LANE
`PAceve
`Grantor - Transferor(s)
`personally appearedLawrenceC,LeGrande NN
`personally knownto me(or proved to me onthe basis of satisfactory evidence} to be the person(s) whose name(s} is/are subscribed to
`the within instrument and acknowledged to me that he/she/they executed the samein his/her/their authorized capacity(ies}, and that
`by his/her/their signature(s} on the instrument the person(s], or the entity upon behalf of which the person(s) acted, executed the
`
`
`
`
`tr tL TED LANE PARKER. .eeeaeainstrumen
`
`
`WITNESS my hand and oX(cial
`dea}.
`
`Title Order No.CEScrow, Loan or Attorney FileNo.
`MAIL TAX
`SEE ABOVE
`STATEMENTS TO:
`
`Signature
`
`(This areaforcfficial notariat seal)
`
`NAME
`
`ADDRESS
`
`CITY, STATE, ZIP
`
`
`
`
`
`

`

`SCHEDULEA
`
`VEIVABOU PROPERTIES
`LLC
`
`G’?44549
`
`Improved real property at 2301 Fillmore St., San Francisco,
`CA, described as follows:
`
`COMMENCING at a point on the northerly Line of Clay Street,
`distant thereon 25 feet westerly from the westerly line of
`Fillmore Street; and running thence easterly along the
`northerly line of Clay Street 25 feet to the westerly line
`of Fillmore Street;
`thence northerly along the said westerly
`line of Fillmore Street 102 feet 8-1/4 inches;
`thence at a
`right angle westerly 50 feet;
`thence at a right angle
`southerly 17 feet 1-38 inches;
`thence easterly 25 feet, more
`or less,
`to a point 85 feet 5-3/4 inches perpendicuarly
`distant northerly from the northerly line of Clay Street on
`a line drawn through the point of commencement;
`thence
`southerly along the last mentioned line 85 feet 5-3/4 inches
`to the point of commencement.
`
`_BEING a portion of WESTERN ADDITION BLOCK NO. 351.
`
`APN:
`
`5-611-4
`
`c:\.. \ep\wivadeu\sched-a |
`
`

`

`

`

`(
`
`C
`
`.maQO“ay
`
`aa
`
`
`
`_ SECRETARY OF STATE
`
`
`
`.
`
`L BILLJONES, SecretaryofStateoftheState of California, |
`hereby certily.
`That the attached transcript of _! page(s) was
`prepared by and in this office from the record onfile, of
`which it purports.to be a copy, and that it is full, true
`and correct.
`IN WITNESS WHEREOF, ] execute this
`certificate and affix the Great Seal of
`the State of California this day of
`APR 1 2 2000
`
`Secretary of State
`
`ZB.
`
`San/Siata Form GE-108 (rev, 6/98)
`
`

`

`APR 1 2 2000
`
`
`
`
`
`
`
`
`
`
`
`
`
` S~ate of California ~
`
`
`riotBOOISAISSS
`FILED
`Bill Jones
`
`in theOfficeofthe Secrotary ofState
`
`Secretary of State
`ofthe State of Califomia
`
`
`LIMITED LIABILITY COMPANY
`ARTICLES OF ORGANIZATION
`
`
`A $70.00 filing fee must accompanythis form.
`.
`
`
`BILL JONES,Secretary of State
`IMPORTANT ~ Read instructions before completing this form.
`
`
`
`This Space For Filing Usa Only
`
`
`
`company (end the namewith thewords "Limited Liability Company,” " Ltd. Liability Co.," of the abbraviations “LLC” or
`
`Nameofthelimitedlability
`Vivavdov PRaorerty Drerners, Ete
`.
`"LL.C.”)
`
`
`The purposeofthe limitedliability company is to engage in any lawful act or activity for whicha limited lability company may be
`
`
`organized under the Beverly-Killea limited liability company act.
`3. Narne tha agentfor service of process and chack the appropriate provision below:
`
`
`
`
`LawRenee C. le GPANDE
`|
`__
`whichis
`
`
`Df an individualresiding in California. Proceedto item 4.
`[
`] acorperation which has filed a certificate pursuantta section 1505. Proceed to item 5.
`
`
`
`
`an Individual, California address of the agentfor service of process:
`:
`Address: $4
`GmeERyY BAT PRIVEE
`- Zip Code: GULOF
`cy, EmMeEbyY jue
`State: CA
`
`
`
`5. The limited liability campanywill be managedby: (check one}
`
`
`pefone manager
`{|
`] morethan one manager {
`] single memberlimited llabilitycompany [
`]all limited liability company members
`.
`
`
`
`ages and are made a part of this certificate.
`
`@. Other matters to be includedinthis ceartiicate,may be satforthon separate attached
`
`issolve.
`Other matters may include the latest data on which the limited liability company is to
`
`
`
`
`7. Number of pages.attached,if any: NONE |
`|
`
`
`Typeof businessof thelimited liabillty company. (Forinformational purpases only)
`
`OwWNERSHI)
`# REWTAL, OF GommerciAL REAL PROPERTY
`
`
`ION: {tis herebydeclared that | am the person who executed this instrument, which execution is my act and deed.
`
`
`Laweence Cle Geanne
`
`Type or Print Name of Organizer
`
`
`
`
`
`ryRese
`PO, Box 286%
`
`
`CITVISTATE
`OAKLAND CA 4GUGO>q —OSGFt
`2P CODE
`
`
`ighatura of Organizer
`
`
`
` _ RETURN TO:we Thweno: OC. LEG RAUDE a
`
`SEC/STATE (REV. 12/99)
`:
`
`_|
`
`
`FORM LLC-1 — FILING PEE $70.00
`Appraved by Secretary ofStata
`
`
`

`

`

`

`Professional Property Management Agreement
`
`Between
`
`Vivaudou Property Partners, LLC
`
`And
`
`Lawrence C, LeGrande
`
`

`

`Professional Property Management Agreement
`
`between
`
`Vivaudou Property Partners, LLC
`
`and
`
`Lawrence C. LeGrande
`
`L.
`
`In consideration of the covenants herein contained, Vivaudou Property Partners, LLC
`(hereinafter called "Owner"), and Lawrence C. LeGrande (hereinafter called "Agent"), hereby
`agree as follows:
`The owner hereby employs the Agent (whois also the President/Managing Director of
`Vivaudou Property Partners, LLC) exclusively to rent, lease, operate and manage the
`property known as 2301-2311 Fillmore Street, and 2500 Clay Street, San Francisco, CA.
`upon the terms hereinafter set forth, indefinitely, provided, however,that either party
`hereto may terminate this contract by giving to the other party a 90-day notice in
`writing of an intention to terminate.
`
`a.
`
`The Agent accepts the employment and agrees:
`To use due diligence in the managementofthe premises for the period and upon
`the terms herein provided, and agrees to furnish his services for the renting,
`leasing, operating and managing ofthe herein described premises.
`To render yearly statements of receipts, expenses and charges and to remit to
`Ownerreceipts less disbursements. In the event the disbursements shall be in
`excess of the rents collected by the Agent, the Owner hereby agrees to pay such
`excess promptly upon demand of the Agent.
`To accumulate as a reserve in the owner's account each month approximately
`one-twelfth of the previous year's taxes, and assessments,if any, and to pay
`same when due.
`
`To deposit all receipts collected for the owner (less any sums properly deducted
`or otherwise provided herein) in a Trust accountin a nationalorstate institution
`qualified to engage in the bankingortrust business, separate from Agent's
`personal account. However, Agent will not be held liable in event ofbankruptcy
`or failure of a depository.
`
`

`

`@,
`
`If Agent hires employees who handle or are responsible for Owner's monies they
`shall be bonded bya fidelity bond in adequate amount.
`
`3.
`
`The Owner hereby gives to the Agent the following authority and powers and agrees to
`assume the expenses in connection herewith:
`
`a.
`
`To advertise the availability for rental of the herein described premises or any
`part thereof, and to display "for rent" signs thereon; to sign, reuew and/or cancel
`leases for the premises or any part thereof, to collect rents or other charges and
`expenses due or to becomedueand give receipts therefor; to terminate tenancies
`and to sign and serve in the name of the Owner such notices as are appropriate,
`to institute and prosecute actions; to evict tenants and to recover possession of
`said premises; to sue for in the name of the owner and recover rents and other
`sums due; and when expedient, to settle, compromise, and release such actions
`or suits or reinstate such tenancies. Any lease executed for the owner bythe
`Agent shall not exceed ten years.
`
`To make or cause to be made and superviserepairs and alterations, and to do
`decorating on said premises, to purchase supplies and payallbills therefor. The
`Agent agrees to secure the prior approval of the Owner on all expenditures in
`excess of $10,000 for any one item, except monthly or recurring operating
`charges and/or emergencyrepairs in excess ofthe maximum,if in the opinion of
`the Agent such repairs are necessary to protect the property from damage or
`prevent damageto life or to the property of others or to avoid suspension of
`necessary services or to avoid penalties or fines or to maintain services to the
`tenants as called for in their leases.
`
`To hire, discharge and supervise all labor and employees required for the
`operation and maintenance ofthe premises; it being agreed that ail employees
`shall be deemed employees of the Ownerand not the Agent, and that the Agent
`may perform any ofits duties through Owner's attorneys, agents or employees
`and shall not be responsible for their acts, defaults or negtigence if reasonable
`care has been exercised in theit appointment andretention.
`
`To makecontracts for electricity, gas, fuel, water, telephone, window cleaning,
`rubbish hauling and other services or such of them as the Agent shall deem
`advisable; the Owner to assume the obligati