HomeMy WebLinkAboutCHRISTIANSEN, ROBININ`3uhiiilGL iQli iiLLUIRLU
WORK MAY PROCEED A-2022-254-07
CITY CLERK
DATE,.
CITY OF SANTA ANA
COMMERCIAL PROPERTY COMPLIANCE ASSISTANCE PROGRAM
PROGRAM BENEFITS AND PROPERTY MAINTENANCE AGREEMENT
�C�e15eG Sl This PROGRAM BENEFITS AND PROPERTY MAINTENANCE AGREEMENT
("Agreement") is effective upon April 12,2021("Effective Date"). This Agreement is entered into by
and between the City of Santa Ana ("City") and Robin chrldansen ("Owner").
N RECITALS
U-1 WHEREAS, The American Rescue Plan Act ("ARPA") was signed into law in March
2021. ARPA provides funding for a number of different programs, including the Coronavirus State
and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
respond to, mitigate, and recover from the COVID-19 public health emergency; and
WHEREAS, On July 20, 2021, The Santa Ana City Council authorized the City Manager
to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive
Santa Ana Spending Plan, which includes five spending categories: recovery from the pandemic,
direct assistance programs, public health and safety, critical infrastructure, and city fiscal health;
and
WHEREAS, On June 21, 2022, The Santa Ana City Council authorized the Executive
Director of the Building and Planning Agency to Implement the Property Compliance Assistance
Program and begin accepting applications for economic relief funds; and
WHEREAS, the City of Santa Ana has established a Commercial Property Compliance
Assistance Program ("Program") for application within the Qualified Census Tract as established
by the U.S. Department of Housing and Urban Development; and
WHEREAS, pursuant to the Program, the City provides grant funding up to $50,000 to
commercial property owners whose application to the Program has been approved by the City for
fagade and other eligible improvements to their property; and
WHEREAS, Owner made an application under the Program with respect to the
improvements described herein at the real property located at 1907 N Main si
in Santa Ana, CA, which is more particularly described in the legal description attached hereto as
Attachment "A" and incorporated herein ("Property"); and
WHEREAS, City approved Owner's Program application on Much21,2023 ; and
WHEREAS, under the Program, Owner will make certain improvements to the Property
for which Owner will be receiving financial assistance from City and that are more particularly
described in the specifications attached hereto as Attachment `B" ("Improvements' ); and
WHEREAS, pursuant to the Program's terms and conditions, Owner is required to enter
into this Agreement to ensure the proper compliance with approval conditions, operational
restrictions, maintenance, and upkeep of the Improvements.
The Parties therefore agree as follows:
Section I. RECITALS. The Recitals above are true and correct and incorporated into
the body of this Agreement by this reference.
Section 2. COMPLIANCE WITH LAW. Owner acknowledges that the funds being
provided by City for said program are received by City pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with
ARPA and all pertinent regulations issued by agencies of the federal government, including
but not limited to, all regulations found at Title 24 of the Code of Federal Regulations.
Owner agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to
in this agreement,
Section 3. REIMBURSEMENTS. The City shall reimburse the OWNER for the cost
of Improvements in the amount of $ 4.905.00 . In exchange for these funds, Owner
expressly acknowledges and agrees to the entire terms and conditions of the Program as
described in the Program brochure, which are hereby incorporated by reference as though
fully set forth herein.
Section 4. NO OTHER ELIGIBLE IMPROVEMENTS. No improvement that is not
described on Exhibit B and approved by the City is eligible for the reimbursement.
Section 5. COMPLETION OF IMPROVEMENTS. OWNER shall complete all
Improvements within one hundred (100) calendar days beginning from the effective date
fixed in paragraph 1. Upon completion of the Improvements and upon their final inspection
and approval by the City, the OWNER shall submit to the City a property executed and
notarized contractor statement showing the full cost of the work as well as each separate
component amount due to the contractor and each and every subcontractor involved in
furnishing labor, materials, or equipment necessary to complete the improvement related
work. In addition, the OWNER shall submit to the City proof of payment of the contract
cost pursuant to the contractor's statement and final lien waivers from all contractors and
subcontractors. The City shall, within fourteen (14) business days of receipt of the
contractor's statement, proof of payment, and lien waivers, issue a check to the OWNER
as reimbursement in the total grant amount stated in Section 3 of this agreement.
Section G. FAILURE TO COMPLETE. If the OWNER fails to complete the
Improvements provided for herein in conformity with the approved plans, drawings, and
specifications and the terms of this Agreement, then upon written notice being given by
the City to the OWNER, this Agreement shall terminate with no further action necessary
by the City, and the financial or any other obligations on the part of the City under this
Agreement shall cease and become null and void.
Section 7. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND
CITY CONDITIONS. This Agreement fulfills the requirements set forth in the Program
application. The Improvements shall substantially conform with all approved development
plans and city conditions, as applicable.
Section 8. MAINTENANCE AND REPAIR OF IMPROVEMENTS.
A. Ongoing Operational/ Maintenance Conditions. In exchange for participation in the
Program, Owner hereby agrees to maintain and repair the Improvements as follows:
t. The Improvements shall be maintained in conformance with the standards generally
applicable to comparable retail/commercial businesses located within the City. The
Improvements shall comply with operational conditions of the Santa Ana
Municipal Code (SAMC) applicable during any period(s) of construction or major
repair (e.g., proper screening and securing of the construction site; implementation
of proper erosion control, dust control and noise mitigation measure; adherence to
approved project phasing etc.).
2. The Improvements shall be in ongoing compliance with the approved design and
construction parameters, signage parameters, and restrictions, as well as landscape
designs, as applicable.
3. Ongoing maintenance, repair and upkeep of the Improvements shall be provided by
the Owner (including but not limited to controls on the proliferation of trash and
debris about the Property; the proper and timely removal of graffiti; the timely
maintenance, repair and upkeep of damaged, vandalized and/or weathered
buildings, structures and/or improvements; the timely maintenance, repair and
upkeep of exterior paint, parking striping, pedestrian pathways/open space areas,
lighting and irrigation fixtures, walls and fencing, landscaping and related
landscape improvements, and the like, as applicable).
B. City Right to Conduct Maintenance and Repairs Owner hereby confers upon the City
the right but not the obligation to conduct maintenance and repairs on the Improvements as
required in this Section 8. Such powers are conferred by Owner on the City for the benefit of the
City to provide for the health, safety and welfare of all persons who use the Improvements or any
portion thereof and other persons who reside in the vicinity of the hnprovements and the entire
City.
C. City Right to Enforce. The right and power of the City to enforce the maintenance
obligations of Owner herein shall not be deemed to arise by virtue of this Section 8 alone. Any
provision of this Agreement to the contrary notwithstanding, the City may, by public nuisance
abatement proceeding, and/or by the initiation of an action at law or in equity, notwithstanding this
Section 8, enforce the law as relates to the abatement or elimination of a public nuisance regarding
the improvements or enforce any provision or conditions of approval of a building or development
permit issued for the Improvements by the City. It shall be presumed that the City is proceeding
under the general municipal policy powers reserved to the City under this Section 8(C) if the City
issues a written notice of "Maintenance Deficiency" as this term is defined in Section 8(D) of this
Agreement,
D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the
maintenance and repair obligations referenced in Section 8(A) (such failure hereinafter referred to
as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance
Deficiency to Owner.
E. Maintenance Deficiencies. Owner shall comply with any issuance of a Notice of
Maintenance Deficiency within the timeframe specified by the Code Enforcement Division to cure
the Maintenance Deficiency identified in such Notice, Within the timeframe specified by the Code
Enforcement Division in the notice of a Maintenance Deficiency, Owner may submit a written
request to the City seeking additional time to cure the Maintenance Deficiency, Each such written
request for additional time shall describe and specify in detail: (1) which tasks require additional
time to complete the cure of the Maintenance Deficiency and the reason why such additional time
is needed under the circumstances; and (ii) what steps Owner have already taken to commence the
cure of the Maintenance Deficiency, The City, in its reasonable discretion, may grant,
conditionally grant or deny any written request for additional time as determined by the Code
Enforcement Manager. The City shall be under no obligation to consider untimely submitted time
extension requests or requests which fail to provide any of the information required above,
F. Removal of Graffiti. Owner hereby further covenants and agrees to keep the exterior
surfaces of the Improvements located on the Property free and clear of graffiti. Graffiti shall be
removed within twenty-four (24) hours following the time of its application. A failure by Owner
to remove graffiti within twcnty-four (24) hours following its application on any structure, fixture
or other improvement located on the Property shall be deemed to be a Maintenance Deficiency for
which no further notice under Section 8(D) needs to be given by the City.
G. City May Cure Maintenance Deficiency,
1. In the event Owner fails to cure a Maintenance Deficiency within the time allowed,
the City may enter upon or otherwise access the Property for the purpose of curing
the Maintenance Deficiency without further notice to Owner.
2. The foregoing notwithstanding, the City, without notice to Owner, shall have the
right to enter the Property and remove graffiti, solid waste, trash, or other debris
under the following two circumstances: (i) a failure by Owner to remove graffiti
within twenty-four (24) hours following its application on the Improvements; or (ii)
a failure by Owner to remove the accumulation of solid waste, trash, or other debris
immediately adjacent to the Improvements that is visible for a duration of twenty-
four (24) hours from an adjacent or contiguous public right-of-way or from a
designated fire lane on the Property.
H. City's Lien AuthoritX, Any sums expended by the City in enforcing, maintaining,
repairing or replacing, or curing any element of the Improvements as authorized in Section 8 for
which a Maintenance Deficiency has been declared by the City to exist, shall become a lien on the
Property subject to enforcement by the City under applicable law. -
I. Enforcement of Liens by City. The rights conferred upon the CIty by Owner under
Section 8 of this Agreement expressly include the power to establish and enforce a lien or other
encumbrances against the Property or any portion thereof, subject to all then existing other liens
and encumbrances on the Property, in an amount reasonably necessary to reimburse the City for
its reasonable costs of the necessary and reasonable costs incurred by the City under Section 8(G)
to restore the Improvements to the maintenance standard required under this Section 8, including
reasonable attorney's fees and costs of the prevailing party associated with the correction of the
Maintenance Deficiency in connection with such action.
J. No approval by Owner shall be necessary for the City to establish and foreclose a lien
for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section
8 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance,
repair or replacement of any element of the Improvements under Section 8 shall be deemed to be
a waiver of the right or power of the City to enforce any subsequent default thereof by Owner.
Section 9. TERM OF AGREEMENT. This agreement shall remain in effect for a
period of 5 years from the Effective Date or the date the Property is no longer owned by
Owner, whichever is earlier.
Section 10. INTEGRATION. This Agreement contains the entire understanding
between the Parties relating to the transaction contemplated by this Agreement, except as
otherwise provided. All prior contemporaneous agreements, understandings,
representations and statements, oral or written, are merged in this Agreement and shall be
of no further force or effect. This Agreement constitutes the entire understanding and
agreement of the Parties on the subject matter herein, notwithstanding any previous
negotiations or agreements between the Parties or their predecessors in interest with respect
to all or any part of the subject matter hereof.
Section 11. SEVERABILITY. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
Section 12. AMENDMENT. No amendment, modification or supplement of this
Agreement shall be valid or binding unless executed in writing and signed by both Parties.
Section 13. NOTICES. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following addresses, or at such other address as the
respective Parties may provide in writing for this purpose:
OWNER:
Rabin Christiansen
1907 N Main St
Santa Ana, CA 92706
Attn:
CITY:
City of Santa Ana
Planning and Building Agency, M-20
PO Box 1988
Santa Ana, CA 92702
(714) 647-5804
PlanningDepartment@santa-ana.org
Section 14. COUNTERPARTS. This Agreement may be executed in counterparts,
each of which shall be of equal force and effect.
A-2022-254-07
IN WITNESS WHEREOF, the Patties hereto have caused this Agreement to be executed as evidenced
by the signatures of the authorized officers of each of them.
CITY
City of Santa Ana
By:
Kristine Ridge
City Manager
ATTEST:
ennife •
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
- ?w.
John M. Funk
Chief Assistant City Attorney
OWNER
Name: Robin Christiansen
Title: Owner
--(`• Commercial Property Compliance
REVIVE
S A N T A A N A Assistance Program
First Name* Last Name* Contact Person*
Robin Christiansen Robin Christiansen
Property Address
Address *
1907 N Main St
city* State* Zip Code*
Santa Ana CA 92706
Mailing Address
Address*
City* State* Zip Code*
Phone*
Email*
EIN # I SSN # I ITIN #*
Business License #*
Copy of Applicant's City Business License*
Certificate Of Occupancy Loud Spectrum. pdf
1 17PoIB
Business Entity Type*
Proprietorship Partnership 9 Corporation
Name of Business
Loud Spectrum
Organizational Documentation (Articles of Incorporation, LLC Operating Agreement, etc.)*
Loud Spectrum Operating Agreement pdf 2.041VIB
articles of incorporation loud spectrum. pdf 1 06MB
Loud Spectrum Lease Agreement pdf 348 29KB
Attachment A
`typo of property*
Commercial
Has properly received, been awarded, or applied for any other COVID.19 pandemic relief funds from any
agency(les) *
) Yes »i No
Sdmmartza the fiscal impact that the COVID•19 pandemic has had on the property or business.*
Covid caused many delays in the permitting and restoration of the building to get back up to code, which caused loss
of rent as wolf as inemased mortgage rate, due to the rate increases.
List of all Tenants and Businesses in the Building
_........................._.........._........._..,.....,.,............._..._....._..._..._..,....._....... ._........,....
Tenant / Business Name*
1 Loud Spectrum
Outstanding Violations (if applicable)
Citation Date of citation
Attachment A
If you have multiple contractors, include a Contractor Information foun for each contractor.
Name of Business*
WLS Building Services Corp
Contractor's Representative Name*
Hooter Vlllalobos
Address*
1500 N Ross St Unit l7
City* State* zip Code*
Santa Ana CA 92706
Contractor Email*
hlsolectric@hotmall.com
Type of Business*
General Contractor
Tax to #*
862024689
California State Contractor's License #*
Class B-963886
City of Santa Ana Business License #*
338870
.Please include a document of improvements approved by the contractor with their signature.*
NLS Signed Quoto.pdf 1.88MB
Attachment A I
It line item Is not applicable, enter zero
Category
Estimated Costs/Bids"
1. Restorations of Building Materials
$ 0.00
2. Architectural Features
$ 0.00
3. Signage
$ 0 00
4. Awnings
$ 12,60000
5. Steam Cleaning / Power washing
$ 000
6. Fencing
%7
W .312-012V
419!9*E0i0w $12,446,00
7. Doors
$ 0.00
B. Parking Lot Resurfacing
$ 6,945 00
9. Lighting
$ 000
10. Paint
$ 11,214 00
11. Anti -Graffiti Measures
$ 0.00
12. Landscaping
3/2-0/2
$3,90o 0o
13. Irrigation
$ 0.00
14. Decorative Improvements
$ 0 90
15. Aesthetic Improvements
$ 000
16. Other
3/Z0/�
$ 0 of)$2 800 00
Total Estimated Costs 312-0123 4.04111101111111
Estimated Date of Completion" $49.90500
02/28/2023
Attachment A
Statement of Project Description"
Please describe the scope of the proposed improvements below (include a summnry of the building's current condition,
areas to be Improved, and how, as well us any proposed materials or colors)-
-installation of fencing: Installoflon of £arcing around Ilia property for security and anti graffiti measures. The fencing
will match the neighbors style and height. Previously the property had a mature of no fencing with an old chali link
fence that was bent and not functional.
- Exterior Paint The property will be modernized with a white paint, and black accents. Please sea the attached
photos. There are also damages to the wells and stuco in the form of holes and status on the paint. The new paintjob
will address the holes arid paint, as well as addressing the window restoration. The window framing also has holes,
which will be can ked and sealed and painted.
-Awning: The awning stucko and fluorescent lighting will be replaced end modernized with stained wood paneling and
recessed socket lighting (16 lights total, around the perimeter in a U shape, sparred T apart from each other).
-Resurfacing: The parking lot will be resurface and painted. The parking lot lines and ADA parking spots and walkway
has faded over gmo, and needs to be redone.
-landscaping: The palm tree and overgrowth foliage will be removed, cut down below the ground to remove excess
roots, and dirt removed (excess dirt). It wlll be replaced with artificial turf (artificial green grass).
Photographs of Existing Fagado9P
Submit several photos of your building In its current condition. if necessary, also take sovcral photos of buildings in the
area to damonsirato that your proposed improvements will maintain Ilia character of the area. Be sure to label each
photo and indicate what improvements you are proposing to make in each image.
Awning 1907 N Main St Before Renovations Revive.pdf
92.09KB
Back Building 1007 N Main St Before Renovations Revive.pdf
077.27KB
Backside Building 1907 N Main St Before Renovations Revive.pdf
798-35KD
Front Building 1907 N Main St Before Ronovafions Revive.pdf
833.06KB
Front side Building 1007 N Main St Before Renovations Revive fedf
787.631<8
Parking tot 1907 N Main St Before Renovations Rovivo.pdf
1A8MB
Side Building 1907 N Main St Before Renovations Revivo.pdf
3AMB
Drawings of Proposed Improvements"
Include a concept drawing of what the site will look like after work is completed. For larger projects involving a major
scope of work this will include copies of your renovation plan containing elevations and site plans. For smaller projects, a
simple sketch may be appropriate at the City's discretion. In addition to a conceptual drawing include product sample
shoots of design elements such as windows, doors, lighting, canopies, OWL showing colors, size, type of material, etc.
Side Building Revive ARerpdr
2,99MB
Back Building After Renovations Reviive.pdf
3,61 MB
Awning Revive Afterpdf
5.3MB
Front building after revive.pdf
4.46MB
Additional Project Documents
T[I
Project Start Date"" Project End Date* admen
12/06/2022 02/28/2023
Additional Comments*
The project will he completed within the allotted time given by the City of Santa Ana
Atlachmont A
o The applicant Is solely responsible for all safely conditions and compliance with all municipal, county, state, and federal
safely regulations, building codes, ordinances, labor and wage laws, and other applicable regulations.
o Volded checks and Invoices must be provided for work completed prior to reimbursement approval. The applicant will
not seek to hold the City of Sonia Ana andlar its agents, employees, officers, and/or directors liable for any property
damage, personal Injury, or other loss relating in any way to the Commercial Proporly Compliance Assistance Program.
o The applicant agrees to maintain the property and improvements for a minimum of rive (5) years.
o The applicant aulhorixes the City of Santa Ana to promote an approved project, including but not limited to displaying a
sign at the site, during and after construction, and using photographs and descriptions of tile project In the city of Santa
Ana materials and press releases.
o The applicant underatands the City of Santa Ana reserves the right to make changes in conditions of the Commercial
Property Compliance Assistance Program as warranted.
a If at any time you wish to withdraw your application, you must notify the City of Sonia Ana Planning and Building
Agency [director in writing at 20 Civic Center Plaza, Santa Ana, CA, 02701, as soon as pass blo.
Upload completed Property Maintenance Agreement*
Tomplate agreements can be located horn.
Properly Management Load Spectrum Robin Chrislionson.pdf 7.14MB
Please reed the statements below and certify that you Understand -
Me certify that the building owner is the owner of the property.*
, Yes
IMle have attached a copy of all current leasea.*
rYes
Me have attached relevant photos of the building fagade(s) to be Included In this program.
s; Yes
gWe have reviewed the program overview and guidelines, have familiarity with the responsibilities of each party,
and understand that: *
o The Property Compliance. Assistance Program is paid to the applicant as reimbursement of paid invoices.
o All services to be performed by contractors shall be subject of agreement between the applicant and contractor(s).
o The Agency shall not assumo any liability for such agreements, except as specifically authorized by the program.
:r: Yes
frWo understand that If awarded no portion of the grant funds will be used for any purposes other than those
[feted above.*
Yes
IIWe have read and understand the City of Santa Ana program guidelines, accept the qualifications and
conditions and through slgnature(s) below, certify that UWe are qualified and will abide by such conditions sot
forth In this application and far all reasonable conditions which may be Issued by the City of Santa Ana In the
Implementation of this program. If We understand that this Is a voluntary program, under which the City of Santa
Ana has the right to approve or deny any project or proposal or portions thereof.*
vl; Yes
By signing this document, you am signing this Agreement electronically. You agree your electronic signs urg�s nt A
the legal equivalent of your manual algnaturo on this Agreement. By signing this document you consent to be
legally bound by this Agreament's terms and conditions, You further agree that your ties of a keypad, mouse or
other device to select an Item, button, [con or similar actlaction, or In accessing or making any transaction
regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your
signature (hereafter referred to as "e-signature"), acceptance and agreement as it actually signed by you in
writing. You also agree that no certification authority or other third party verification is necessary to validate your
a -signature and that the lack of such certification or third party verification will not In any way affect the
enforceability of your e-signature or any resulting contract between you and the City. You also represent that you
are authorized to enter Into this Agreement for all persona who own or are authorized to access any of your
accounts and that such persons will be hound by the terms of this Agreement. You further agree that each use of
your o-signature In obtaining a City service constitutes your agreement to be bound by the terms and conditions
of the City.
Y; Yes
Applicant(a) Signature* Data*
12lgg12022
MAYOR
Valerie Amezcua
MAYOR PRO TEM
Jessie Lopez
COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez
Dear Robin Christiansen,
CITY OF SANTA ANA
Planning and Building Agency
20 Civic Center Plaza . P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.oro
March 21, 2023
Attachment B
CITY MANAGER
Kristine Ridge
CITY ATTORNEY
Sonia R. Carvalho
CITY CLERK
Jennifer L. Hall
Thank you for your pre -approval application confirmation dated March 21, 2023, for the
Commercial Property Compliance Assistance Program (CP-CAP). Your application for
fagade improvement reimbursement grant was reviewed on March 21, 2023, and has been
approved.
To receive the estimated reimbursable funds as stipulated in your application, the project as
described in your application must be completed no later than one hundred (100) calendar
days from the date provided on this Notice of Approval.
Approved Improvements: HLS Building Services Corp. - $12,600.00 (Awnings)
HLS Building Services Corp.
— $12,446.00 (Fencing)
HLS Building Services Corp.
- $6,945.00 (Parking lot
resurfacing)
HLS Building Services Corp.
- $11,214.00 (Paint)
HLS Building Services Corp.
— $3,900.00 (Landscaping)
HLS Building Services Corp.
— $2,800.00 (Other —Windows)
Total: $49,905.00
Completion Deadline: Thursday, June 29, 2023
To certify the project as described in your application has been completed, you must
schedule a final inspection of the improvement with the Building Safety Division. The City
will verify that the project has been completed. After all requirements have been met, the
City will issue a Notice of Completion.
To schedule your inspection, please contact Allissa Zuniga at (714) 647-5854 or at
AZuniga@santa-ana.org
Failure to complete the project as approved in the application and receive a Notice of
Completion within one hundred (100) calendar days may result in forfeiture of the award.
Check statements for the aforementioned improvements, pictures of the completed work,
and invoices for all improvements must be submitted after the inspection has been
completed. In addition, applicants are required to submit a completed W-9 form within the
deadline to be utilized towards their reimbursement packet. The city cannot process
reimbursements without the completed W-9.
Attachment B
If you have any questions regarding this notice, please contact Chelsea Shafer at 714-647-
5113 or at CShafer@santa-ana.org
Sincerely,
� sue.
Chelsea Shafer
Management Analyst, Planning and Building Agency