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INSURANCL NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />"Tc' APR 2 3 2018 � <br />RENTAL AGREEMENT <br />(Loss of Rents) <br />A-2018-106 <br />This AGREEMENT, made and entered into this =day of ' 2018 by and between the <br />property owner, Susan Hawken, a single woman, as to 50% interest, and Lee/Flawken Partnership, as to 50% <br />interest (the "Owner"), and the CITY OF SANTA ANA, a charter city and municipal corporation duly <br />organized under the Constitution and laws of the State of California ("City"). <br />WHEREAS, Owner and City are in negotiations for City's acquisition from Owner of certain real <br />property located in the City, which is legally described in Exhibit "A", attached hereto and incorporated herein <br />("Subject Property"). <br />WHEREAS, the Subject Property consists of 4 lots of real property commonly known 2246-2248 <br />South Cypress Avenue, Santa Ana, CA 92707 (APN # 403-141-09). <br />WHEREAS, 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 is a residential property in <br />which one apartment unit ("Unit") was occupied by former tenant. <br />WHEREAS, the former tenant at 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 <br />vacated the Unit prior to the date of this Agreement, on the date set forth in Section 1 below. <br />WHEREAS, City has asked Owner not to rent the Unit at 2246 South Cypress Avenue, Unit # C, <br />Santa Ana, CA 92707 to new tenants(s) and is willing to compensate Owner for Owner's loss of rent resulting <br />from Owner's agreement to keep the Unit at 2246 South Cypress Avenue, Unit # C, Santa Ana, CA 92707 <br />vacant during Owner's negotiations with the City, all as described in more detail below. <br />WHEREAS, Owner and City also desire to agree that, in the event other tenants occupying the <br />Subject Property vacates that property, Owner will not re -rent that property and City will make a monthly <br />payment to Owner to compensate Owner for Owner's loss of rents, all as described in more detail below. <br />WHEREAS, it is the desire of the City to minimize or avoid incurring costs, damages, obligations or <br />liabilities pursuant to any applicable federal, state or local relocation laws or regulations, including without <br />limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. <br />4201-4655, the implementing regulation thereto set forth in 49 CFR Part 24, Government Code Section 7260, <br />et seq. and/or the implementing regulations thereto set forth in Title 25, section 6000, et seq. of the Code of <br />Regulations (collectively "Relocation Costs") as a result of City's acquisition of the Subject Property, or any <br />portion thereof, and Owner desires not to lose rental income during the period of negotiations between Owner <br />and City for City's acquisition of the Subject Property. <br />NOW, THEREFORE, in consideration of the mutual covenants and agreements set 'forth herein, the <br />City and the Owner agree as follows: <br />1. The City will pay directly to Owner on the first of each month following the date of this <br />Agreement and in the event units becomes and remains vacant, the amount set forth below for Subject <br />Property. <br />Unit Identification <br />Rental Rate <br />Vacation Date <br />2246 S. Cypress Ave. # C $1,050/month 111112017 <br />