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INSURANCE NOT RE~IJIREG <br />•WORK ?.t 1Y pRQCEEp <br />CLERK OF CQUMCiL <br />DATES 2 - ~ ' 10 ~,''C <br />o: pwA C2~ <br />DAv~d- Raw~~re z <br />AGREEMENT FQR REIMBURSEMENT OF COSTS <br />CJF F2EPLACEMENT WINDOWS <br />N-2010-007 <br />THIS AGREEMENT (hereinafter the "Agreement"), dated ,lanuary 25, 2010 for reference purposes onty, <br />is made and entered into by and between Bruce Johann, X530 North ncof» Ave~e, (horeinsiter <br />"Uwner~), and the Clty of Santa Ana, a charter Ci#y and municipal Corporation organized and existing <br />under the Constitution and laws of the Ste#e of California ("City"). <br />RECITALS <br />A. The Sou#hern California Regional Rail Authority ("SCRFtA") canstrueted a second main raliraad <br />track from La Veta Avenue in Orange. south to Seventeenth Street in Santa Ana. <br />8. SCRRA and the City entered into a Battlement Agreement A-2003.005, (hereinafter "said <br />Agrsem®nt") whereby both parties agreed to install and construct certain improvements to <br />enhance the character and appearance of the community in the Rraject Area. Those <br />enhancements include installation of double pane windows far homes facing khe railroad on the <br />west side of Lincoln Avenu® in sante Ana. <br />G. Owner awns that caertain property located at 2530 Nartl~Lirtr~otrT Avenue, (hereinafter "propert~l') <br />and desires to replace those windows, a# the Property which face the railroad. OWNER is paying <br />all or part of the oast ofi the work t4 be perbrmed with funds provided by the City of Santa Ana ("City) <br />pursuant to satd Agreement, <br />WHEREI=ORE, for and In consideration of the respective and mutual covenants and promises hereinafter <br />pantained and made, and subject to alt the terms and conditions hereof, the parties hereto do hereby <br />agree as foll4w8: <br />QWNER agrees, at its sole cost and expanse, to cxintract with a Calitomia licensed genera! <br />oantrac,~ar, to install double pane, sound insulating windows to replace those windows on said <br />Property which face the railroad on the west side of Lincoln Avenue, as set ftYrth in Exhibit A, <br />attached hereto, <br />a. OWNER, or his designated contractor, shall install the replacement windows in <br />conformance with the specifications listed in Exhibit 8, attached hereto. <br />b. Upon campletfan Qf the installation, Owner steal! request City Public Works verliiCBtlon of <br />window replacement. . <br />2. Upon City review and acknowledgement of the replacement window installs#lon, CITY shall, issue <br />to OWNER, a check in the amount of Written Amou»f, $g¢,~,2 which is the actual cost of <br />replacement for identified windows m®eting the minimum requir®ments set forth in gxhlblt B. <br />3. OWNER hereby acknowledges th&~t receipt of CITY'S payment in the amount of ~ fully <br />satisfies CITY'S obligation regarding Installation of double pane windows at ©wner's property. <br />4. INDEPENDENT RARTIE$. Owner, in eantractina for replacement windows, is sGtinq as an <br />independent party and not as an agent car employee of city. Nothing eantained in this Agreement <br />wi{I be deemed or construed far any purpose, to estabAsh, between the parties, a partnership ar <br />Joint venture, a princ)pal-agent relationship, employee-employer relationship or any relationship <br />other than Gity and Property tJwner. <br />.... ~O .~. ,., , <br />~`r ~ ZZ OZOZ bZ uer„ S~9S~-~b9-btiZ:,Xp~. •-i~ Qd~ JN3 d S <br />-- J~lI~ <br />