1 || Jasmine F. Hale, California Bar No. 229980
`Theresa M. Filicia, California Bar No. 128968
`2 || Michael T. Kennedy Jr., California Bar. No. 196182
`
`BERDING & WEIL LLP
`3 | 2175 N. California Blvd, Suite 500 ELECTRONICALLY
`Walnut Creek, California 94596 FILED
`Telephone: 925.838.2090 Superior Court of California,
`Facsimile: 925.820.5592 ”
`5 || jhale@berdingweil.com 04/17/2025
`tfilicia@berdingweil.com Clerk of the Court
`6 || mkennedy@berdingweil.com BY: eons Deputy Clerk
`7 || Attorneys for Defendants
`And Cross Complainant 1000 Van Ness, LP
`8
`9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
`10 IN AND FOR THE COUNTY OF SAN FRANCISCO
`11
`12 {15910 INVESTMENTS, LLC, Case No.: CGC-24-620014
`13 Plaintiff DECLARATION OF JAMES
`KILPATRICK IN SUPPORT OF REPLY
`14 vs. TO OPPOSITION TO MOTION TO
`
`APPOINT PROVISIONAL DIRECTOR
`15 || 1000 VAN NESS LP, 1000 VAN NESS
`
`OWNERS ASSOCIATION, LAKESIDE Hearing Date: April 24, 2025
`16 || INVESTMENT COMPANY LLC, THE Time: 9:30 am
`MARQUEE HOMEOWNERS Department: 501
`
`17 || ASSOCIATION, and Does 1-50 inclusive.
`Complaint Filed: November 21, 2024
`
`18 Defendants Trial Date: None Set
`
`19 /
`
`20 || AND RELATED CROSS — ACTION.
`
`21
`
`22 I, JAMES KILPATRICK, declare as follows:
`
`23 1. I am the managing member of Marcella Associates LLC, which is the managing
`
`24 || partner of Partner of 1000 Van Ness, LP, which is a named Defendant in this action. I have personal
`25 || knowledge of the facts and records identified in this Declaration. If called as a witness, I could and
`26 || would testify competently to the truth of the statements set forth in this Declaration. I make this
`27 || Declaration in support of Defendant/Cross Complainant’s Reply to the Oppositions filed to
`
`28 || Defendants’ Motion to Appoint Provisional Director.
`-|-
`
`DECLARATION OF JAMES KILPATRICK IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO
`Bra ceiirsa ied Sutes00 APPOINT PROVISIONAL DIRECTOR
`
`Walnut Creek, California 94596
`
`
`
`
`
`
`
`
`
`1 2. Per section 1.47 and 4.3.1 of the Master CC&Rs as the PPO of the Association, I
`
`2 || have broad powers in obtaining and maintaining the insurance for the Project.
`
`ww
`
`3. In late 2024, I was finally able to obtain an insurance proposal for property insurance
`for the Association in the amount of $703,933.42. The proposal did not include Boiler and
`5 || Machinery Insurance, so an additional quote was obtained for Boiler and Machinery Insurance,
`
`raising the total insurance proposal to $706,175.42. The proposed proposals were provided to the
`
`any aD
`
`Board and the insurance broker, Roger Larson, was invited to the February 7, 2025 Board meeting
`8 || to answer any questions the Board had regarding the proposals and coverage provided. Following
`9 || the interview with the Insurance Broker, the Board members unanimously agreed to procure the
`
`10 |] insurance and after determining that borrowing from the reserves was not a viable option to fund
`
`11 || the procurement of the insurance, it was determined that a Resolution for a Special Emergency
`
`12 || Assessment would be needed to fund the insurance. After counsel for all parcels met and conferred
`
`13 || regarding the specific language of the resolution for the Special Emergency Assessment, the terms
`
`14 || of the resolution were finally agreed upon by all Parcel Owners and approved by all Parcel Owners
`
`15 || at a duly held Board meeting on March 10, 2025. A separate insurance trust account was established
`
`16 || for the funding of the insurance. A true and correct copy of the Board Resolution for the Special
`
`17 || Emergency Assessment to Procure Insurance was previously attached as Exhibit 5 to my declaration
`
`18 || filed in opposition to Plaintiff's Motion to Appoint Receiver. The Board also reviewed the costs
`
`19 || associated with procuring workman’s compensation insurance which was estimated to cost
`
`20. || approximately $582.00 annually and agreed to procure workman’s compensation Insurance which
`
`21 || was not referenced in the Board Resolution.
`
`22 4. As of April 14, 2025, all Parcel Owners have deposited the funds required by the
`
`23 || Emergency Special Assessment to Procure Insurance into the separate insurance trust account.
`
`24 5. As Performing Parcel Owner for the Association I notified all Parcel Owners, on
`
`25 |} April 14, 2025 via email that all Parcel Owners had paid the Special Emergency Assessment in full
`
`26 || for the procurement of insurance and provided a screenshot to the board of the trust account balance
`
`27 || establishing the trust account was funded in full. (Please refer to a true and correct copy of my April
`
`28 || 14, 2025, email to the Board regarding the monies deposited into the insurance trust account attached
`-2-
`
`DECLARATION OF JAMES KILPATRICK IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO
`Bra ceiirsa ied Sutes00 APPOINT PROVISIONAL DIRECTOR
`
`Walnut Creek, California 94596
`
`
`
`
`
`
`
`
`
`1 || hereto as Exhibit 1).
`
`2 6. On April 14, 2025, I also immediately notified the insurance broker, Roger Larson,
`
`ww
`
`that all funds were received and available for the procurement of the insurance and was informed
`that the policies would be bound, and insurance certificates would be issued within a day or two.
`5 || (Please refer to a true and correct copy of my April 14, 2025, email exchange with Roger Larson
`
`regarding the funding and procurement of insurance attached hereto as Exhibit 2).
`
`any aD
`
`7. On or about April 17, 2025 I received Certificates of Insurance from Roger Larson
`8 || as proof that the Insurance for the Association, including the Workman’s Compensation Insurance
`9 ||has been bound. At said time I was informed that an additional $600.00 to cover taxes and fees
`
`10 || would be due for the umbrella premium. It was explained that the umbrella premium that was
`
`11 || collected only accounted for pure premium and that the taxes and fees in the amount of $600 was
`
`12 || missing. (See true and correct copies of the Certificates of Insurance attached hereto as Exhibit 3).
`
`13 8. At the April 10, 2025 Board meeting, the Board unanimously approved the retention
`
`14 || of HOA Accounting Services. (Please refer to paragraph 33 of my Declaration filed in support of
`
`15. || Defendant’s Opposition to Plaintiff Motion to Appoint Receiver which is scheduled to be heard the
`
`16 || same date and time as this Motion). Attached hereto as Exhibit 4 is a true and correct copy of the
`
`17 || contract with HOA Accounting Services, Inc).
`
`18 9. I retained the law offices of Berding and Weil LP on or about December 28, 2023
`
`19 || to represent me in my role of PPO for the Association. After realizing the fee agreement, I executed
`
`20 || Berding and Weil, LP referenced the client as the Association and not, 1000 Van Ness, LP as the
`
`21 || PPO, a new fee agreement was executed with Berding and Weil, LP on or about May 8, 2024 to
`
`22 || correct the misnamed client. By executing the new Fee agreement with Berding Weil, LP, it was not
`
`23 || my intent for Berding Weil LP to represent both 1000 Van Ness LP and the Association. The new
`
`24 || fee agreement was executed to correct the misnamed client. (i.e. 1000 Van Ness Owners Association
`
`25 || vs. 1000 VN Ness, LP.)
`
`26 10. Since I began my relationship with Berding Weil, LP, I understood their capacity as
`
`27 || legal counsel to be on my behalf as the PPO.
`
`28 11. Regarding 5910’s allegation of commingling of funds and specifically the transfer of
`-3-
`
`DECLARATION OF JAMES KILPATRICK IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO
`Bra ceiirsa ied Sutes00 APPOINT PROVISIONAL DIRECTOR
`
`Walnut Creek, California 94596
`
`
`
`
`
`
`
`
`
`1 || $129,181.77 from 1000 Van Ness Owners Association’s operating account into 1000 Van Ness LP’s
`
`2 || operating account on May 6, 2024; when Colton Commercial quit, they transferred $129,181.77
`
`ww
`
`into 1000 Van Ness LP’s Operating Account, but that should have been transferred into a new 1000
`Van Ness Owners Association’s trust account.; but that account was not yet opened in time for the
`5 || transfer. Subsequently all funds were later transferred into a proper 1000 Van Ness Owners
`
`Association trust account.
`
`any aD
`
`12. I have reviewed Plaintiff's Request for Judicial Notice in Opposition to 1000 Van
`8 || Ness LP’s Motion for Appointment of Provisional Director and note the statement on page 2 lines
`9 || 19-20 which state:” Mr. Kilpatrick did not appear at arbitration to testify despite being served with
`
`10 || subpoena for testimony and documents.” I did not ignore the subpoena. On or about November 26,
`
`11 |] 2024 at approximately 10:38 p.m. I received an email from James W. Walker of Pachulski Stang
`
`12 || Ziehl & Jones, LLP informing me that “Claimant had withdrawn its subpoena and no further action
`
`13 || on your part will be necessary. Thank you”. A true and correct copy of the email I received from
`
`14 || Mr. Walker on November 26, 2024, is attached hereto as Exhibit 5.
`
`15 13. As the PPO of the Master Association, I have worked diligently to protect the assets
`
`16 || and liabilities of the Association. Said actions include but are not limited to procuring insurance,
`
`17 || implementing facade repairs, roof repairs as well as investigating and obtaining bids for many other
`
`18 || repairs that were neglected by the prior PPO and Parcel A and C as members of the Board. I also
`
`19 || implemented a collection policy for the Association to help rectify the delinquent assessments that
`
`20 || are affecting the financial stability of the Association.
`
`21 14. [have always acted in the best interests of the Association, and I will continue to act
`
`22 || in the best interests of the Association.
`
`23 I declare under penalty of perjury of the laws of the State of California that the foregoing is
`
`24 || true and correct. Executed this 17 day of April 2025 in Moraga __, California.
`
`25
`
`26 By: ——
`
`27 James Kilpatrick
`28
`
`-4-
`
`DECLARATION OF JAMES KILPATRICK IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO
`Bra ceiirsa ied Sutes00 APPOINT PROVISIONAL DIRECTOR
`
`Walnut Creek, California 94596
`
`
`
`
`
`
`
`
`
`EXHIBIT 1
`
`
`
`
`
`
`
`
`1000 Van Ness OA Insurance
`
`Summary Features Services
`
`Available balance (as of today): $706,275.43 Balance Connect® for Scan checks to deposit
`
`What does this include? overdraft protection: Off | Enroll Order checks/deposit slips
`More features » Stop payment on a check
`
`Account balance history » z
`More services »
`
`Activity Statements & Documents Information & Services a~
`All Tri i vy View Spending & Budgeting This account
`receives Business Buninuss Advancage
`Advantage Relationship
`Enter keyword, amount or m vy PY More options »! Relationship Rewards
`Rewards HONORS
`Newest | Next | Previous | Oldest Show deals: On] | Download J | Print this view My summary
`Available : ‘
`Date 4 Description Type Status & Amount Relence A special business offer!
`Business Advantage
`Processing TRANSFER FROM ACCT #2103 ON 04/14 VIA WEB @ rt 428,266.93 706,275.43 Unlimited Cash Rewards
`ca
`Mastercard® credit card
`Statement as of 04/01/2025 (view statements) »
`} $750 bonus offer plus
`®) 03/26/2025 —_Prfd Rwds for Bus-Wire Fee Waiver of $15 ms 0.00 278,008.50 | eeirnpe d 21628
`w mn c) . “_— | cash back
`(®) 03/26/2025 WIRE TYPE: WIRE IN DATE: 250326 TIME:1523 ET @ c] 116,292.76 278,008.50
`TRN:2025032600510088...
`Learn more
`(®) 03/20/2025 Counter Credit Y ic] 161,615.74 161,715.74
`Statement as of 03/01/2025 (view statements) » a Cash Back Deals
`(®) 02/28/2025 Online Banking transfer from CHK 4211 e [c] 100.00 100.00 Cash back deals on top of
`Confirmation# 8075093079 rewards you already earn.
`Newest | Next | Previous | Oldest Show deals: On ¥! | Download ~! | Print this view
`
`TaxAct.
`Business
`
`
`
`
`
`
`
`
`
`Bank of America deposit products: FIDIC ‘plc-insured - Backed by the full faith and credit of the U.S. Government
`
`Kimo Inc. | Profile & Settings | Saved Items yw Log Out
`
`Search Q
`
`Accounts Pay & Transfer Business Services Offers & Deals Tools & Investing Security Center Open an Account | Help & Support |
`
`BANK OFAMERICA “YH Business Advantage 360
`
`1000 Van Ness OA Insurance
`
`Summary Features Services
`
`Available balance (as of today): $706,275.43 Balance Connect® for
`
`Scan checks to deposit
`What does this include? overdraft protection: Off | Enroll Order checks/deposit slips
`More features »
`
`: Stop payment on a check
`Account balance history » ,
`More services »
`
`Activity Statements & Documents Information & Services an
`
`All Transactions »~ View Spending & Budgeting This account
`
`receives Business Business Advantage
`Advantage Relationship
`Enter keyword, amount or mm/dd/yyyy P| More options ~! Relationship Rewards
`Rewards ECATINU DE
`Newest | Next | Previous | Oldest Show deals: On ¥1_ | Download ™I | Print this view My summary
`
`Available
`_— ; : ,
`Description TypeM Status % Amount Selence A special business offer!
`
`Business Advantage
`
`(®) 04/14/2025 Online Banking transfer from CHK 2103 2 ¢] 428,266.93 706,275.43 Unlimited Cash Rewards
`
`Confirmation# 8066920212 Mastercard® credit card
`
`Statement as of 04/01/2025 (view statements) » i $750 bonus offer plus
`
`unlimited 2.62%
`
`() 03/26/2025 _ Prfd Rwds for Bus-Wire Fee Waiver of $15 oy CJ 0.00 278,008.50 | cash back
`@) 03/26/2025 WIRE TYPE: WIRE IN DATE: 250326 TIME:1523ET @) G 116,292.76 278,008.50
`
`TRN:2025032600510088... Learn more
`() 03/20/2025 Counter Credit Y G 161,615.74 161,715.74
`
`an
`@® Cash Back Deals
`Statement as of 03/01/2025 (view statements) » =
`
`(>) 02/28/2025 Online Banking transfer from CHK 4211 , 4 ¢] 100.00 100.00
`Confirmation# 8075093079
`
`see rowan
`> Icon legen
`
`Cash back deals on top of
`rewards you already earn.
`
`
`
`
`
`
`
`
`From: James Kilpatrick <james@1000vannessownersassociation.com>
`
`Date: Mon, Apr 14, 2025 at 3:41 PM
`
`Subject: Re: Insurance?
`
`To: Craig Powers <craigpowers.hoa@gmail.com>
`
`Cc: Jay Fulcher <JFulcher@lprillc.com>, Mia-Paola Aceves <mia@1000vannessownersassociation.com>
`
`1 and 2 completed. will update on 3 and 4 as they occur.
`
`James Kilpatrick
`
`Managing Member
`
`Marcella Associates LLC, General Partner of
`1000 Van Ness LP
`
`Owner of parcel B & D
`
`510-290-9647
`
`On Tue, Apr 1, 2025 at 4:21 PM Craig Powers <craigpowers.hoa@gmail.com> wrote:
`Have any of milestones 1-4 been reached yet?
`
`On Thu, Mar 27, 2025 at 6:43 AM Craig Powers <craigpowers.hoa@gmail.com> wrote:
`Thanks, Jay.
`
`Mia, please let us know as soon as the following milestones occur:
`
`
`
`
`
`
`
`
`1. Parcels B and D have contributed their portions.
`
`2. The insurance broker and/or insurance companies have been notified and/or supplied with
`proof of funds.
`
`Insurance has been bound.
`
`4. Insurance COl(s) are available.
`
`w
`
`Thanks
`
`On Wed, Mar 26, 2025 at 1:26 PM Jay Fulcher <JFulcher@lprillc.com> wrote:
`
`Mia - wired as provided. Confirmation below. Please let us know when Parcels B&D have funded and bound the
`insurance.
`
`_—— --— www woenee ge cone eee ee eee wee ee
`
`03/26/2025 FEDWIRE DEBIT EFT0005715 6942400085JO 116,292.76 03
`03/26/2025
`SIR: STRAIGHT
`YOUR REF: EFTO00S715
`PAID TO: BK AMER NYC BANK OF AMERICA, N.A. NEW YORK NY US
`FED ID: 026009593
`ACCT PARTY: [325202368937 1000 VAN NESS OWNERS ASSOCIATION US
`REMARK: 1000 VAN NESS OWNERS ASSOCIATION CREDIT REF CAP OF 25/03/26
`REC GFP: 03261921
`MRN SEQ: 000853069424
`FED REF: 0326 MMQFMP2N 028281 **VIA FED“
`Jay Fulcher
`
`Vice President of Asset Management
`
`LAZ Parking Realty Investors, LLC
`
`704-962-9123
`
`From: Mia-Paola Aceves <mia@1000vannessownersassociation.com>
`
`Sent: Tuesday, March 25, 2025 5:51 PM
`
`To: Jay Fulcher <JFulcher@lprillc.com>
`
`Cc: James Kilpatrick <james@1000vannessownersassociation.com>; Craig Powers <craignowers.hoa@gmail.com>
`Subject: Re: Insurance?
`
`Jay,
`
`
`
`
`
`
`
`
`EXHIBIT 2
`
`
`
`
`
`
`
`
`From: James Kilpatrick <james@1000vannesslp.com>
`
`Date: Mon, Apr 14, 2025 at 3:41 PM
`
`Subject: insurance for 1000 van ness Owners Association
`
`To: Roger Larson <rlarson@twfg.com>, Brittany Humphrey <bhumphrey@twfg.com>
`Cc: Mia Lakeside Aceves <mia@1000vannesslp.com>, Shaina Shah Lakeside Shah
`<shaina@1000vannesslp.com>, Claudia Cornejo <ccornejo@lakesidecompany.com>
`
`Roger,
`
`Here's the screen shot. All funds are in (please double check the amount). We are ready to bind
`assuming final COI and additional insureds language can be adjusted post binding since it's really
`important to the other board members and | to get insurance in place, but also very important to get all
`the additional insureds stuff figured out.
`
`Please let us know next steps and confirm status. Thanks!
`
`James Kilpatrick
`
`Managing Member
`
`Marcella Associates LLC, General Partner of
`1000 Van Ness LP
`
`510-290-9647
`
`
`
`
`
`
`
`
`EXHIBIT 3
`
`
`
`
`
`
`
`
`®
`ACCORD
`ce
`
`CERTIFICATE OF LIABILITY INSURANCE
`
`DATE (MMIDD/YYYY)
`4/17/2025
`
`THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
`
`CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,
`
`EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
`
`BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
`
`REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
`
`IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
`If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
`this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
`
`PRODUCER GONTACT Roger Larson
`Roger Larson PHONE. (925) 415-5097 yo
`8690 Sierra College Blvd EMAL 5s: Marson@twfg.com
`Ste 160-319 INSURER(S) AFFORDING COVERAGE NAIC #
`Granite Bay CA 95661 INSURERA: Ategrity Specialty
`INSURED INSURER B :
`1000 Van Ness Owners Association INSURERC: Scottsdale Ins Co
`4 Embarcadero Center INSURERD: AmTrust North America
`unit 1400 INSURERE: Jravelers
`San Francisco CA 94111 INSURER F :
`COVERAGES CERTIFICATE NUMBER: 1000System.Threading.Tasks.Task’1[s REVISION NUMBER:
`
`THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
`INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
`CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
`EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
`
`ADDL|SUBR
`thi | TYPE OF INSURANCE INSD | WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS
`vy | COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE g 1000000
`i [ DAMAGE TO RENTED
`CLAIMS-MADE | Y | OCCUR | PREMISES (Ea occurrence) gs 100000
`— | MED EXP (Any one person) ¢ excluded
`Al | APP163865233 4/16/2025 | 4/16/2026 | PERSONAL &ADVINJURY | $ 1000000
`GEN'L AGGREGATE LIMIT APPLIES PER: $ 2000000
`v|poucy| |B | | toc : $s 2000000
`OTHER: $
`_ AUTOMOBILE LIABILITY (Ca anodenty No LIMIT $
`ANY AUTO BODILY INJURY (Per person) | $
`OWNED | SCHEDULED ;
`AUTOS ONLY AUTOS BODILY INJURY (Per accident) | $
`HIRED NON-OWNED PROPERTY DAMAGE $
`|__| AUTOS ONLY AUTOS ONLY (Per accident)
`$
`7_| UMBRELCATIAS OCCUR EACH OCCURRENCE ¢ 5000000
`Cc EXCESS LIAB CLAIMS-MADE APP163865233 4/16/2025 | 4/16/2026 | AGGREGATE gs 5000000
`DED | RETENTION $ $
`WORKERS COMPENSATION | PER OTH-
`AND EMPLOYERS’ LIABILITY YIN Y | STATUTE ER Tara
`ANYPROPRIETOR/PARTNER/EXECUTIVE i
`D_ | OFFICER/IMEMBEREXCLUDED? NIA QMWC0543431 4/16/2025 | 4/16/2026 a. fee :
`(Mandatory in NH) E.L. DISEASE - EAEMPLOYEE ¢ 1000000
`If yes, describe under
`DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LimiT | ¢ 1000000
`Boiler $80,000,000
`E BME1-A9799177-TIL-25 4/16/2025 | 4/16/2026
`
`DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
`
`CERTIFICATE HOLDER
`
`CANCELLATION
`
`For Your Information
`
`SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
`THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
`ACCORDANCE WITH THE POLICY PROVISIONS.
`
`AUTHORIZED REPRESENTATIVE
`
`ACORD 25 (2016/03)
`
`© 1988-2015 ACORD CORPORATION. All rights reserved.
`
`The ACORD name and logo are registered marks of ACORD
`
`
`
`
`
`
`
`
`
`DATE (MMIDD/YYYY)
`
`—_— e
`ACORD EVIDENCE OF PROPERTY INSURANCE 4/17/2025
`
`THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE
`ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE
`COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
`ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST.
`
`AGENCY tell Ext), (925) 415-5097 COMPANY
`
`Roger Larson
`8690 Sierra College Blvd Lexington Insurance- primary
`Ste 160-319 Multiple carriers
`
`Granite Bay CA 95661
`
`(AE, No): (925) 465-5191 _| RdURESs: Dhumphrey@twig.com
`
`CODE: | SUB CODE:
`AGENCY
`
`AGENCY px: 2024-04-03-085155939-70
`
`INSURED LOAN NUMBER
`
`POLICY NUMBER
`APP139003217
`
`1000 Van Ness Owners Association
`
`4 Embarcadero Center
`unit 1400 4/16/2025 _ :
`San Francisco CA 94111 THIS REPLACES PRIOR EVIDENCE DATED:
`
`EFFECTIVE DATE EXPIRATION DATE
`, CONTINUED UNTIL
`
`4/16/2026 | | TERMINATED IF CHECKED
`
`PROPERTY INFORMATION
`LOCATION/DESCRIPTION
`
`1000 Van Ness Ave
`
`San Francisco, CA 94109
`
`THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
`NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
`EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS
`SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
`
`COVERAGE INFORMATION PERILS INSURED | | BASIC | | BROAD | v | SPECIAL | |
`COVERAGE / PERILS / FORMS i AMOUNT OF INSURANCE | DEDUCTIBLE
`
`Total Building Coverage- replacement cost 80,000,000 100,000
`*TIV across multiple carriers- see attached additional Acord 101 with breakdown
`
`REMARKS (Including Special Conditions)
`
`CANCELLATION
`SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
`DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
`
`ADDITIONAL INTEREST
`
`NAME AND ADDRESS ADDITIONAL INSURED |__| LENDER'S LOSS PAYABLE LOSS PAYEE
`| MORTGAGEE [|
`
`LOAN # ;
`
`For Your Information
`
`AUTHORIZED REPRESENTATIVE
`
`ACORD 27 (2016/03) © 1993-2015 ACORD CORPORATION. All rights reserved.
`The ACORD name and logo are registered marks of ACORD
`
`
`
`
`
`
`
`
`
`AGENCY CUSTOMER ID:
`
`LOC #:
`)
`
`ACORD ADDITIONAL REMARKS SCHEDULE Page of
`
`AGENCY NAMED INSURED
`
`Roger Larson 1000 Van Ness Owners Association
`
`POLICY NUMBER
`
`CARRIER NAIC CODE
`EFFECTIVE DATE:
`
`ADDITIONAL REMARKS
`
`THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
`
`FORM NUMBER: FORM TITLE:
`
`Breakdown of building limits per carrier:
`
`Primary Layer- $10m building coverage- Lexington
`2nd Layer- $15m building coverage - Richmond
`3rd Layer- $5m building coverage - Munich
`
`4th Layer- $50m building coverage - Paragon
`
`ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved.
`
`The ACORD name and logo are registered marks of ACORD
`
`
`
`
`
`
`
`
`
`EXHIBIT 4
`
`
`
`
`
`
`
`
`Docusign Envelope ID: F4D2FD66-AA85-49E2-B 12D-B5966259EEBO
`
`Phone: 925 332-2200
`Email: info@hoa-accounting.com
`
`HOF
`
`March 25, 2025 " 7
`Accounting Services
`
`Mia-Paola Aceves
`mia@1000vannessownersassociation.com
`
`Re: 1000 Van Ness Owners Association - Accounting Proposal
`
`Dear Board Members,
`
`Thank you very much for contacting us regarding an accounting services proposal for the 1000
`Van Ness Owners Association. Our understanding is that this is a 4-unit mixed use
`development located in San Francisco, CA, which is self-managed. Based on our review of
`your recent financials, and information presented during our recent meeting, your accounting
`requirements are complex for a community of your size with monthly billing and investments.
`
`Our quote for providing our full-service accounting is $1,750/month. This quote is far more than
`the average community of your size due to your project’s unique requirements. We also charge
`a onetime only fee of $1,750 to set up the accounting system, web portal for on-line access,
`new bank accounts, and other transition activities, which span the first 90 to 120 days. This
`quote does not include any forensic accounting for time prior to our start date. Forensic
`accounting must be scheduled with our team in advance and is billed at our hourly rate, which
`is currently $130/hr. All potential fees are listed on page 7 of the attached service agreement,
`and | would be happy to walk you through that list.
`
`We have been in business since 2003 and currently have a staff of 25 team members. There
`will be an accounts payable specialist, and a staff accountant assigned to the Association,
`along with a team available to provide customer service to the members. Please refer to
`Attachment A for additional information on the team and the company. We support the primary
`manager and/or Board contact before and after meetings to discuss any questions or issues
`with the financial report.
`
`We will provide Membership Portal online access to Members, which will allow them to see
`their historical payment history, current balance, and be able to pay assessments online. They
`can also update their contact information and easily send us questions about their billing. The
`Board members will have direct access to the entire membership online. Board members also
`will have online access to the operating bank account, bank statements, and historical financial
`reports. Invoice review and Board payment approvals will be provided online via the
`Avid/Strongroom payables lockbox system. All Board members can have access to the paid
`invoice history and be able to search for payments made to specific vendors.
`
`HOA Accounting Services also has a mobile app available in both the Apple and Google Play
`stores allowing Homeowners, Board members and Community Managers access on the go.
`
`www.hoa-accounting.com
`
`
`
`
`
`
`
`
`Docusign Envelope ID: F4D2FD66-AA85-49E2-B 12D-B5966259EEBO
`
`We also have a unique Direct Debit automatic payment function that will pay the exact balance
`due on Members accounts instead of a flat fixed amount. Using our accounts receivable billing
`process with mailed and/or emailed statements provides an easy way for Members to pay for
`small miscellaneous charges, which is not an option with coupon booklets. This statement
`billing process allows for communication inserts from Management and/or the Board and
`serves as a convenient payment reminder to the members, thus reducing accounts receivable
`balances. For a full list of our accounting service functions, please refer to Attachment B.
`
`We will provide professional project management during the 120-day period necessary to
`completely convert the accounting over to us. Please refer to Attachment C to see our phased
`approach to the conversion process.
`
`Our References are listed in Attachment D and the Service Agreement is in Attachment E.
`| would welcome the opportunity to meet with Management and/or the Board to answer any
`questions they may have.
`
`Regards,
`
`Heather Moore
`Director of Business Development
`HOA Accounting Services, Inc.
`
`
`
`
`
`
`
`
`Docusign Envelope ID: F4D2FD66-AA85-49E2-B 12D-B5966259EEBO
`
`Attachment A: Background and Team for 1000 Van Ness Owners Association
`
`HOA Accounting Services was founded in 2003. We are currently servicing over 170
`associations, making us one of the top five HOA specific accounting firms in California.
`We have 25 employees who are committed to teamwork and high-quality customer
`service. The quality of our team members and the service that they provide separates us
`from our competitors in the industry. We are responsive, reliable, and dependable with
`dedication to provide excellent service to our clients.
`
`Jamie Ryan — Staff Accountant
`
`Jamie will create the monthly financial reports, which includes the bank account
`reconciliations. She has been doing accounting since 2006, has a bachelor’s degree in
`accounting and serves as the team lead for the General Ledger department.
`
`Angela Gagnon - Accounts Payable Specialist/Conversion Specialist
`
`Angela has been doing accounts payable since 2012, and HOA specific AP, since 2022.
`Angela serves as an AP Specialist and Conversion Specialist for the Accounts Payables
`department, and can provide support for the online payables lockbox approval and
`payment system (aka Strongroom).
`
`Accounts Receivable Team
`
`There is a team of six people who provide billing customer support by phone
`(925) 332-2200 Option 1 and/or email to service@hoa-accounting.com. We've provided
`some additional information below regarding our A/R department team leaders:
`
`Angelica Flores is a Senior Accounts Receivable Specialist and has been doing HOA
`accounting work since 2014. She is our primary contact for all of our new accounts.
`
`Tawny Bartel — CEO/Owner
`
`Tawny is the CEO/Owner for the company. She has been in the Common Interest
`Development industry since 2007. She has experience providing management and
`accounting services to Community Associations throughout Southern California and
`maintains the Certified Manager of Community Associations (CMCA ®) certification
`through the Community Association International Certification Board, the Association
`Management Specialist (AMS) and Professional Community Association Manager
`(PCAM) designations through the Community Association Institute.
`
`
`
`
`
`
`
`
`Docusign Envelope ID: F4D2FD66-AA85-49E2-B 12D-B5966259EEBO
`
`Attachment B: Our Accounting Services
`
`HOA Accounting Services provides mailed and/or emailed statements, toll free phone
`support from 9:00 to 4:30, invoices approved and paid via an online payable’s lockbox
`weekly, monthly financial reports and annual CPA audit/tax filing support. We also provide
`annual budget worksheets in Excel with supporting reports to help simplify the budget
`creation process. We support the manager and/or primary Board contact before and after
`meetings to discuss any questions or issues with the financial report. All of our reports
`are provided in PDF format. Invoice approvals are done on-line weekly with checks, credit
`card payments or ACH credits going directly to the vendors.
`
`Our approach to homeowner association bookkeeping includes some features that are
`sometimes not included by other service providers in the industry, such as:
`
`“Fund” accounting concepts employed — Operating Income Statement and
`Reserve Income Statement are separate reports. We can also provide completely
`separate income statements for construction project expenses and any associated
`insurance income.
`
`Balance sheet provides both Operating and Reserve equity balances instead of a
`consolidated “Owner's Equity”.
`
`Financial Statement information designed for running the association — fewer
`pages, more white space, and less superfluous accounting information.
`Statements sent to owners, except those in collection. Provides regular feedback
`to owners regarding the status of their accounts, thus minimizing the AR balances.
`Optional statement inserts for communicating newsletters, announcements,
`meeting minutes, etc.
`
`Statement coupons are bank scan-able — minimizing payment posting issues.
`Integrated electronic auto payment “Direct Debit” service to owners. Only the
`balance due to the association is debited, instead of a flat monthly amount. Owners
`on Direct Debit can receive statements and statement inserts via email, therefore
`eliminating postage, paper and statement insert fees.
`
`Online access for owners to see real time current balance, payment history and
`the ability to pay on-line. Owners can also easily send us questions about their
`billing online.
`
`Personalized 30 day owner late letters with the option to receive a payment history
`report upon request.
`
`Web-based payables lockbox service allows secure payment approval via internet
`connection and extensive search options for all historical paid invoices. Eliminates
`mailing unsigned checks while retaining the Board’s full control over payments.
`All accounting reports distributed via our online portal in standardized PDF format.
`Faster information, secure sharing with less paper.
`
`Our full charge staff accountants have a minimum 10 years of accounting
`experience to provide the highest quality financial reporting.
`
`
`
`
`
`
`
`
`Docusign Envelope ID: F4D2FD66-AA85-49E2-B 12D-B5966259EEBO
`
`Attachment C: Conversion Process
`
`Accounting Conversion Milestones
`
`60 days After
`
`30 Days Prior to Start Start
`
`30 Days After
`Start
`
`Start Date
`
`New Bank Sig Card
`
`1°* Request — Tax ID, Budget, Collection,
`Reserve Study & Membership
`
`Phase 1A
`
`1
`Statements
`Welcome Ltr
`
`Accounting Services
`
`www_hoa-accounting.com
`
`2°4 Request — Initial Deposits, Vendor
`Listing, EFTs, Insurance
`
`Budget Load,