CAHILL, TERRY-2010 - Laserfiche WebLink

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A/ ARK N114 i'`JF- FEB 01 2011 AGREEMENT FOR REIMBURSEMENT OF COSTS OF REPLACEMENT WINDOWS A-2003-280 THIS AGREEMENT (hereinafter the "Agreement"), dated November 22, 2010 for reference purposes only, is made and entered into by and between Terry Cahill, 2602 Lincoln Avenue, (hereinafter "Owner'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the - Constitution and laws of the State of California ("City"). RECITALS 7S A. The Southern California Regional Rail Authority ("SCRRA") constructed a second main railroad track from La Veta Avenue in Orange, south to Seventeenth Street in Santa Ana. e< L2 0 _ B. SCRRA and the City entered into a Settlement Agreement A-2003-005, (hereinafter "said Agreement") whereby both parties agreed to install and construct certain improvements to enhance the character and appearance of the community in the Project Area. Those enhancements include installation of double pane windows for homes facing the railroad on the <?J o- west side of Lincoln Avenue in Santa Ana. C. Owner owns that certain property located at 2602 Lincoln Avenue, (hereinafter "Property") and desires to replace those windows at the Property which face the railroad. OWNER is paying all or part of the cost of the work to be performed with funds provided by the City of Santa Ana ("City) pursuant to said Agreement. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: OWNER agrees, at its sole cost and expense, to contract with a California licensed general contractor, to install double pane, sound insulating windows to replace those windows on said Property which face the railroad on the west side of Lincoln Avenue, as set forth in Exhibit A, attached hereto. a. OWNER, or his designated contractor, shall install the replacement windows in conformance with the specifications listed in Exhibit B, attached hereto. b. Upon completion of the installation, Owner shall request City Public Works verification of window replacement. . 2. Upon City review and acknowledgement of the replacement window installation, CITY shall, issue to OWNER, a check in the amount of Written Amount, $2360 which is the actual cost of replacement for identified windows meeting the minimum requirements set forth in exhibit B. 3. OWNER hereby acknowledges that receipt of CITY'S payment in the amount of $2360 fully satisfies CITY'S obligation regarding installation of double pane windows at Owner's property. 4. INDEPENDENT PARTIES. Owner, in contracting for replacement windows, is acting as an independent party and not as an agent or employee of City. Nothing contained in this Agreement will be deemed or construed for any purpose, to establish, between the parties, a partnership or joint venture, a principal-agent relationship, employee-employer relationship or any relationship other than City and Property Owner.