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|    Message 27,042 of 27,547    |
|    useapen to All    |
|    California sues LA developer for bunglin    |
|    17 Jan 24 11:06:01    |
      XPost: alt.los-angeles, alt.society.homeless, alt.fan.rush-limbaugh       XPost: talk.politics.guns, sac.politics       From: yourdime@outlook.com              California housing authorities have filed a lawsuit against a Los Angeles       developer that defaulted on millions of dollars of loans under a state-run       program to house the homeless in converted motels from San Bernardino to       the Bay Area.              In the 321-page lawsuit filed Monday, Jan. 8, in Los Angeles Superior       Court, the state Department of Housing and Community Development alleged       Shangri-La Industries and other named defendants — including San       Bernardino County and the cities of Redlands and Thousand Oaks — “breached       their obligations” under terms of their agreements with California’s       Homekey program.              Also named as a defendant is Step Up on Second, the Santa Monica-based       nonprofit that partnered with Shangri-La to provide services to the       homeless and to serve as the property manager at the seven converted       motels. More than half a dozen third-party lenders Shangri-La tapped to       secure loans for the motel projects also are named in the lawsuit.              “The state is taking legal action as Shangri-La has misrepresented       multiple financial considerations and has yet to cure a number of breached       contractual obligations to the state and the Homekey program. The       difficulties they find themselves in are of their own making,” said Pablo       Espinoza, a spokesperson for the Department of Housing and Community       Development, in an email.              The state first alerted Shangri-La Chief Executive Officer Andy Meyers and       Chief Financial Officer Cody Holmes of their alleged contract breach in a       letter dated Dec. 4.              Neither Meyers nor Holmes responded to requests for comment.              Possible remedies       The state is requesting several possible remedies through the court,       including one or all of the following:              Shangri-La and its partner local agencies return all the Homekey funding       granted by the state, plus attorney fees.       A judicial order that the defendants ensure each of the motel properties,       via recorded agreements with their respective counties, be designated as       homeless housing for up to 55 years.       A receiver be appointed for each property to ensure it is run in       accordance with the Homekey program.       Loan defaults       Shangri-La, according to the lawsuit, received more than $114 million in       Homekey funds from the state to convert the motels into permanent       supportive housing in San Bernardino, Redlands, Thousand Oaks and two       Northern California communities. The developer then granted and recorded       deeds of trust to secure loans from the third-party lenders without first       obtaining the state’s written authorization, as required under the Homekey       agreements.              Shangri-La then defaulted on the loans, causing the lenders to begin the       foreclosure process.              “All seven Homekey properties in which (Shangri-La Industries) was a       private grantee are at risk of imminent foreclosure,” the lawsuit states.              Additionally, the lawsuit alleges that for six of the seven motel       properties, Shangri-La and its partner agencies failed, in timely fashion,       to record use restrictions on the motel properties to ensure they would be       used solely for interim or permanent housing for the homeless for up to 55       years.              Homekey quagmire       The Southern California News Group first reported Shangri-La’s quagmire       involving its Homekey projects in May 2023, when it learned that more than       $2 million in mechanics liens had been filed at the San Bernardino County       Recorder’s Office by subcontractors alleging the developer failed to pay       them for rehabilitation work at the former Good Nite Inn in Redlands.       Shangri-La subsequently defaulted on its loan for the project, twice.              The Southern California News Group also learned that similar problems were       playing out with subcontractors who did work at Homekey-funded motel-       conversion projects in other cities. Among them is Adolfo Gomringer, owner       of Monrovia-based AG Flooring Inc.              Gomringer recently told the Southern California News Group that Shangri-La       still owes him $93,000 for work his company did at the former All Star       Lodge in San Bernardino, including demolition and installation of metal       framing, drywall and flooring from March 2021 through December 2022.              Though Gomringer said he checks in almost daily with the developer, he       said Holmes has not responded to him since October. He said he is now       saddled with $100,000 in credit card debt, much of which was accrued to       cover business expenses.              San Bernardino County was awarded $8.3 million by the state on Nov. 24,       2020, for the conversion of 76 units to permanent housing for homeless       people at the former All Star Lodge. It opened in March 2023.              Shell game       Gov. Gavin Newsom launched Project Homekey in June 2020 to protect       unhoused individuals from the threat of the coronavirus pandemic. The       state has allocated more than $3 billion to cities and counties to       purchase motels, hotels, vacant apartment buildings and other properties       to provide permanent housing for the homeless.              The state alleges in the lawsuit that for each of the seven motel-       conversion projects, Shangri-La created a shell company, in the form of       limited partnerships, using the address of each motel as the name of the       limited partnership. Those limited partnerships were named in the lawsuit       as the “titleholder defendants.”              “The property titleholder defendants were and remain undercapitalized and       were created as shells for the sole purpose of carrying out the misconduct       of (Shangri-La Industries) and Step Up,” according to the lawsuit.       “Defendant Shangri-La Industries LLC, its partners and the shell       businesses it controls have sought to take advantage of this program, to       the detriment of the State of California and its residents, for which       immediate and permanent relief is sought.”              Step Up       Step Up President and CEO Tod Lipka did not return telephone calls seeking       comment. In an interview with the Southern California News Group last       month, Lipka said he was shaken by the news about the financial state of       the seven Homekey projects, and stressed that Shangri-La, not Step Up, was       responsible for all finances and property acquisitions involving the       Homekey projects.              Lipka also said Step Up, like some of the subcontractors, had not been       paid by Shangri-La for services it provided for motels in Redlands, San       Bernardino and Salinas over the past two years.              How and why       It remains unclear how and why Shangri-La got itself ensnared in the       predicament.              In October, Redlands spokesman Carl Baker told the Southern California       News Group that Shangri-La, after being served its second default notice       by lender Arixa Institutional Lending Partners, had been working with       Arixa to refinance the loan and address all outstanding issues. Shangri-La              [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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