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SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA; BOUNTIFUL PROPERTIES AND
INVESTMENTS LLC; SCOTTSDALE SERENE ASSOCIATES, LLC, and
MAVERICK DEVELOPMENT FUND II, LLC




I.    Introduction

This Settlement Agreement (Agreement) is between the United States and Bountiful Properties and Investments, LLC; Scottsdale Serene Associates, LLC; and Maverick Development Fund II, LLC to ensure the accessibility of ground floor housing units at Rancho del Rey Apartments, Rancho Serene Apartments, and Rancho Viejo Apartments (the Ranchos or subject properties) in Las Vegas, Nevada, and the accessibility of the common areas by retrofitting the existing rental units at the Ranchos and the common areas pursuant to relief provisions in the Consent Decree entered into with the United States; Falcon Development Company No. 9501, LLC; Rancho del Rey, LP; L.R. Nelson Consulting Engineers, Inc.; Hunsaker & Associates Nevada, Inc; Bountiful Properties and Investments, LLC; Scottsdale Serene Associates, LLC; and Maverick Development Fund II, LLC. A copy of that Consent Decree is attached at Exhibit 1 and incorporated by reference into this Agreement.

II.     Background

The United States and Falcon Development Company No. 9501, LLC; Rancho del Rey, LP; L.R. Nelson Consulting Engineers, Inc.; Hunsaker & Associates Nevada, Inc. (defendants) and Bountiful Properties and Investments, LLC; Scottsdale Serene Associates, LLC and Maverick Development Fund II, LLC (the current owners) have entered into a Consent Decree to remedy the United States' claims of discrimination against persons with disabilities through defendants' Falcon Development Company No. 9501, LLC; Rancho del Rey, LP; L.R. Nelson Consulting Engineers, Inc.; and Hunsaker and Associates failure to design and construct the Ranchos with the features of accessible and adaptable design set forth in 42 U.S.C. § 3604(f)(3)(C). Bountiful Properties and Investments, LLC purchased Rancho del Rey, Scottsdale Serene Associates, LLC purchased Rancho Serene and Maverick Development Fund II, LLC purchased Rancho Viejo. None of these three current owners designed or constructed the Ranchos. They are parties to the Consent Decree solely because they are necessary for the relief provided therein.

The Consent Decree provides for the establishment of a fund (the Fund) to be used to finance accessibility modifications to existing rental units at the Ranchos, as well the common areas. The current owners have contracted with a third party to manage the Fund and perform the retrofits described at Appendices A and B to the Consent Decree.

III.     Retrofit Actions

A. Dwelling Units

Within thirty (30) days from the date of this Agreement, the Notice at Exhibit 3 shall be provided to all current tenants at the subject properties that the retrofit actions described in Appendix A to the Consent Decree will be performed to their units. Such retrofits shall be completed within one (1) year from the date of this Agreement.

B. Public and Common Use Areas

The contractee, coordinating with the current owners, shall, within 30 days of the date of this Agreement, provide the Notice at Exhibit 4 to all current tenants and within 30 days of such notice shall commence modifying the public and common use areas of the Ranchos as specified in Appendix B to the Consent Decree. These modifications shall be completed within two years.

Within fourteen (14) months of the date of this Agreement, and then again one year later, the current owners will submit a report of all completed retrofits, both interior and exterior, to counsel for the United States. (1) A report containing such information from the contractee will be sufficient to fulfill this requirement.

IV.    Sale or Transfer of the Properties

The sale or transfer of ownership, in whole or in part, of the subject properties shall not affect the current owners' continuing obligations to retrofit the property as specified in this Settlement Agreement and the Consent Decree. Should any current owner decide to sell or transfer ownership, in whole or in part, of any of the subject properties prior to the completion of the retrofits specified in Appendices A and B, it will, at least thirty (30) days prior to completion of the sale or transfer, (a) provide to each prospective buyer written notice that the complexes are subject to this Settlement Agreement and the Consent Decree, including specifically the current owners' obligations to complete required retrofit work, along with a copy of this Settlement Agreement and the Consent Decree; and (b) provide to the United States, by facsimile and first class mail, written notice of its intent to sell or transfer ownership, along with a copy of the notice sent to each buyer, and each buyer's name, address and telephone number.

V.     Future Actions

For the term of this Agreement, the current owners shall:

A. Post and prominently display at the rental offices of all covered multi-family housing operated by them, a sign no smaller than ten (10) by fourteen (14) inches indicating that all dwellings are available for sale or rental on a nondiscriminatory basis. A poster that comports with 24 C.F.R. Part 110 will satisfy this requirement, copies of which will be provided to the current owners by the United States;

B. Advise counsel for the United States in writing no later than fifteen (15) days after receipt of any written administrative or legal complaint against them, or against any of their employees or agents, regarding equal opportunity in housing; and

C. Preserve all records related to this Agreement and upon reasonable notice to them, representatives of the United States shall be permitted to inspect and copy any records of theirs or inspect any residential units under their control covered by the Act bearing on compliance with this Agreement at any and all reasonable times. The United States shall endeavor to minimize any inconvenience from such inspections.

VI.     Duration of Agreement and Enforcement

A. The provisions of this Agreement shall remain in effect for three (3) years after the date it has been signed by representatives of parties as evidenced by their signatures below.

B. If the United States believes any provision of this Agreement has been violated, it shall promptly advise counsel for the current owners, in writing, of the nature of that violation, and, within thirty (30) days of receipt of said written notice from the United States, the parties shall confer in a good faith attempt to resolve the issue. In the event the parties are not able to resolve this issue to the reasonable satisfaction of the United States, the United States may seek to enforce the Agreement, or any provision thereof, in the case of United States v. Falcon Development Company No. 9501, LLC, et al., CV No. [      ] in the United States District Court for the District of Nevada. Failure of the United States to enforce this entire Agreement or any provision of it with regard to any deadline or any other provision contained herein shall not be construed as a waiver by the United States of any right to do so.

Agreed to by the parties as indicated by the signatures of counsel below.



FOR THE UNITED STATES:



____________________________
Steven H. Rosenbaum
Chief
Donna M. Murphy
Deputy Chief
S.E. Pietrafesa
Trial Attorney
Housing & Civil Enforcement Section
Civil Rights Division
Department of Justice
P.O. Box 65998
Washington, D.C. 20035-5998
202-616-2217
202-514-1116 (fax)

___________________________
Date



FOR DEFENDANTS FALCON DEVELOPMENT COMPANY NO. 9501, RANCHO DEL REY, LP; AND RANCHO SERENE, LLC:



____________________
HOWARD COLE
Lionel Sawyer & Collins
1700 Bank of America Plaza
300 South Fourth Street
Las Vegas, NV 89101
702-383-8842
702-383-8845 (fax)

___________________
Date



FOR DEFENDANT L.R. NELSON CONSULTING ENGINEERS, INC:



________________________________
LARRY NELSON
6765 W. Russell Road, Ste 200
Las Vegas, NV 89118
702-798-7978

______________________
Date



FOR DEFENDANT HUNSAKER & ASSOCIATES NEVADA, INC.:



__________________________
RICHARD HUNSAKER
3 Hughes
Irvine, CA 92618
949-583-1010
949-583-0759 (fax)

______________________
Date



FOR BOUNTIFUL PROPERTIES AND INVESTMENTS, LLC:



______________________________
MALCOLM MCNAUGHTON
395 Mira Montes Rd.
Woodside, CA 94061
650-851-2679
650-851-2687 (fax)

______________
Date



FOR SCOTTSDALE SERENE ASSOCIATES, LLC



_______________________________
ROGER H. THOMPSON, CEO of
Thompson Michie Associates Inc. Manager of
Scottsdale Apartments, L.C. Manager and Member of
SD-Rancho Serene Manager, L.C., its Manager
111 East Broadway
Suite 1200
Salt Lake City, UT 84111
801-532-6143
801-532-6159 (fax)
roger@tmaine.com

______________
Date



FOR MAVERICK DEVELOPMENT FUND II, LLC



___________________________
TODD MIKLES
Managing Member
2150 West Washington Street, Suite 402
San Diego, CA 92110
699-294-8989
699-295-8995

________________
Date




EXHIBIT 1



CONSENT DECREE


EXHIBIT 2



CONTRACT


EXHIBIT 3



NOTICE OF RETROFITS TO INTERIOR GROUND-FLOOR UNITS

AT RANCHO [DEL REY, SERENE, VIEJO] APARTMENTS



Rancho [del Rey, Serene, Viejo] Apartments is dedicated to the principle of equal housing opportunity. The federal Fair Housing Act requires that certain ground-floor apartments in newer apartment communities have certain features of physical accessibility for people with disabilities.

We have identified your unit as one that is covered by the Fair Housing Act' accessibility requirements.

Due to recent events, including a settlement with the United States Department of Justice, certain inaccessible aspects of the interiors of some of the ground-floor units at Rancho [del Rey, Serene, Viejo) Apartments have been brought to our attention. We welcome people with disabilities as residents and guests and would like to make them as comfortable as possible. Therefore, we have agreed to make certain modifications to all of the ground-floor units covered by the Fair Housing Act's accessibility requirements here at Rancho [del Rey, Serene, Viejo] so that they are more accessible to people with disabilities.

We are giving you notice that we are in the process of scheduling a retrofit of your unit. The alterations and retrofits that we expect to make to your unit are the following:

[ITEMIZE]

A representative will be contacting you soon to review these modifications and to discuss a time frame within which these modifications will be made.

If you have any questions, please contact us at ______________.




EXHIBIT 4

NOTICE OF RETROFITS TO COMMON USE AND PUBLIC AREAS

Rancho [del Rey, Serene, Viejo] Apartments is dedicated to the principle of equal housing opportunity. The federal Fair Housing Act requires that the public and common areas at Green Valley Apartments have certain features of physical accessibility for people with disabilities.

As a result of recent events, inaccessible aspects of the common areas of the complex have been brought to our attention. We welcome people with disabilities as residents and guests at Rancho [del Rey, Serene, Viejo] and would like to make them as comfortable as possible. We are writing this notice to let you know that beginning on ______, contractors will be coming onto the property to begin the process of modifying certain aspects of the public and common areas. We expect the process to last approximately ______ weeks.

Generally, the contractors will modify or "retrofit" certain sidewalks, install curb cuts and ramps, and eliminate some of the steps along certain pathways to certain ground-floor and at the entrance to certain ground-floor. They will also be making some minor modifications to the clubhouse/leasing office, pool area, public restrooms, and picnic areas in order to make them more accessible to people with disabilities.

If you have any questions regarding these modifications, please contact us at ______________.


1. For purposes of this Settlement Agreement, counsel for the United States is Chief, Housing and Civil Enforcement Section, Civil Rights Division, United States Department of Justice, P.O. Box 65998, Washington D.C. 20035-5998, or as otherwise directed by the United States. Reference should be made to DJ # 175-46-82.

General Information Housing and Civil Enforcement Section
 
Leadership
Steven H. Rosenbaum
Chief
Contact
Housing & Civil
Enforcement Section
(202) 514-4713
TTY - 202-305-1882
FAX - (202) 514-1116
To Report an Incident of Housing Discrimination:
1-800-896-7743
Mailing Contact
U.S. Department of Justice
Civil Rights Division
950 Pennsylvania Avenue, N.W.
Housing and Civil Enforcement Section, NWB
Washington, D.C. 20530

Email: fairhousing@usdoj.gov

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