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INSURANCE NOT REQUIRED A-2003-287 <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />/Z -Zz??/ <br />AGREEMENT FOR REIMBURSEMENT OF COSTS <br />??F. <br />OF REPLACEMENT WINDOWS <br />? THIS AGREEMENT (hereinafter the "Agreement"), dated November 2, 20'I 1 for reference purposes only, <br />? is made and entered into by and between Man Van Tran, 9022 E Park Lane, (hereinafter "Owner"), and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />?? RECITALS <br />O A. The Southern California Regional Rail Authority ("SCRRA") constructed a second main railroad <br />\vI ? track from La Veta Avenue in Orange, south to Seventeenth Street in Santa Ana. <br />v ? B. SCRRA and the City entered into a Settlement Agreement A-2003-005, (hereinafter "said <br />_ Agreement") whereby both parties agreed to install and construct certain improvements to <br />J enhance the character and appearance of the community in the Project Area_ Those <br />enhancements include installation of double pane windows for homes facing the railroad on the <br />west side of Lincoln Avenue in Santa Ana. <br />C. Owner owns that certain property located at 9022 E Park Lane, (hereinafter "Property") and <br />desires to replace those windows at the Property which face the railroad. OWNER is paying all or <br />part of the cost of the work to be performed with funds provided by the City of Santa Ana ("City) <br />pursuant to said Agreement. <br />WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter <br />contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby <br />agree as follows: <br />1. OWNER agrees, at its sole cost and expense, to contract with a California licensed general <br />contractor, 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 forth 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 B, attached hereto. <br />b. Upon completion of the installation, Owner shall request City Public Works verification of <br />window replacement. . <br />2. Upon City review and acknowledgement of the replacement window installation, CITY shall, issue <br />to OWNER, a check in the amount of Written Amount, $6000 which is the actual cost of <br />replacement for identified windows meeting the minimum requirements set forth in exhibit B. <br />3. OWNER hereby acknowledges that receipt of CITY'S payment in the amount of $6000 fully <br />satisfies CITY'S obligation regarding installation of double pane windows at Owner's property. <br />4. INDEPENDENT PARTIES. Owner, in contracting for replacement windows, is acting as an <br />independent party and not as an agent or employee of City_ Nothing contained in this Agreement <br />will be deemed or construed for any purpose, to establish, between the parties, a partnership or <br />joint venture, aprincipal-agent relationship, employee-employer relationship or any relationship <br />other than City and Property Owner.