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i7/ <br />NCI16I 1F <br />LEGAL DEPARTMENT V� <br />INTEROFFICE MEMORANDUM <br />E1 1 �.x <br />TO: MARCO MARIANI DAT o- AuW41s ,,o a,99 6�' <br />t{ S� <br />PLANNER mo lily °Of <br />pi�eerinS `�` <br />FROM: JENNY PITTS MANIER co do <br />CHIEF ASSISTANT CIT ATTORNEY <br />RE: RICK MILTON <br />I understand that Rick <br />Board of Public Works to purchase <br />Development Area. I assume you <br />the sale of these properties to <br />the case. <br />Milton has made a request of the <br />two (2) lots in the Sample -Ewing <br />are aware of this and approve of <br />him. Let me know if this is not <br />I have discussed Mr. Milton's request with Assistant City <br />Attorney, Anne Bruneel, and have filled her in, a bit, on your work <br />with Mr. Milton. <br />In order to convey the parcels in question to Mr. <br />Milton's company, American Home Dreams, without going through a <br />formal public bidding process, Mr. Milton will have to provide <br />proof that American Home Dreams is exempt from federal taxation <br />under Section 501(c)(3) of the Internal Revenue Code. I would ask <br />that you please contact him and ask him to provide Angie Jacob with <br />verification of American Home Dreams' 501(c)(3) status. <br />I also note that the Department of Redevelopment has <br />procured title insurance commitments for each of the properties. <br />These commitments indicate the presence of title exceptions that <br />will require the filing of a quiet title action. Depending upon <br />whether we have addresses for the defendants to such an action, the <br />time involved in prosecuting such an action from start to finish <br />can run from about 30 days (if we have addresses) to seventy (70) <br />days (if we do not have addresses and have to serve the defendants <br />by publication in the newspaper). <br />Either the City (prior to the transfer of the property to <br />American Home Dreams) or American Home Dreams (after the transfer <br />to it of the City property) will have to file a quiet title action. <br />I assume American Home Dreams may not be able to secure mortgage <br />financing until after a court quiets the title to the properties, <br />I would prefer that the City pursue the quiet title actions and <br />only after these actions have been resolved transfer title to <br />American Home Dreams. <br />Finally, as we have discussed, it is my recommendation <br />that the properties be sold to American Home Dreams pursuant to a <br />Contract for Sale of Land such as is used by the Department of <br />Redevelopment, with performance criteria and deadlines established. <br />Call if you have questions. <br />o(, - -u <br />�� �0Ub <br />