HomeMy WebLinkAboutItem 30 - Commercial Property Compliance Assistance Program Planning and Building Agency
www.santa-ana.org/departments/planning-and-building/
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 21, 2022
TOPIC: Commercial Property Compliance Assistance Program
AGENDA TITLE:
Authorize the Implementation of the Commercial Property Compliance Assistance
Program (Revive Santa Ana Program)
RECOMMENDED ACTION
Authorize the Executive Director of the Building and Planning Agency to Implement the
Property Compliance Assistance Program and begin Accepting Applications for
Economic Relief Funds for an aggregated amount not to exceed $1,000,000.
DISCUSSION
As part of the Revive Santa Ana Initiative approved by the City Council on July 6, 2021,
the Planning and Building Agency has developed the program details for the Commercial
Property Compliance Assistance Program (CP-CAP). At the aforementioned City Council
meeting, City Council approved the appropriation of $1,000,000 from the American
Rescue Plan Act (ARPA) funds to be used for CP-CAP as part of the Public Health and
Safety proposal of Revive Santa Ana. The funds for the program were utilized to recruit
additional staff and to create a reimbursement program to support commercial property
enhancement efforts.
Category 2 of the final rule released by the U.S. Department of the Treasury states that
the program is eligible for ARPA funds to aid property owners struggling to remain code
compliant as a result of the negative economic impacts of the COVID-19 pandemic.
CP-CAP enhances collaborative code enforcement along with façade improvements for
shopping centers with vacant storefronts within the qualified census tracts. The ARPA
funds allocated through the Revive Santa Ana initiative will support enhancement efforts
to improve the appearance of commercial shopping center storefronts. The program will
assist commercial properties in their recovery efforts due to the hardship negatively
affected by the pandemic. In addition, the improvements made through the program will
address past deferred maintenance hardships.
Commercial Property Compliance Assistance Program
June 21, 2022
Page 2
2
8
1
3
The goal of the program is to facilitate commercial revitalization, stimulate private
investment, preserve and beautify the commercial corridors, and generate shopping and
a pleasant walking environment by improving the visual aesthetics of commercial building
facades through the use of the City’s Revive Santa Ana - ARPA funding allocation.
The proposed program will offer reimbursement awards up to a maximum of $50,000 to
each qualifying commercial property owner. Each eligible applicant must provide proof of
initial investment and commitment to make property improvements. Applicants are
required to match 100% of the funds as requested in their application. The objective of
the investment requirement is to incentivize, maximize, and complement additional
property improvements.
The award monies may be used to complement the following property improvements:
Restorations of building materials and architectural features
Signage
Awnings
Steam cleaning / Power washing
Fencing
Doors
Parking lot resurfacing
Lighting
Paint
Anti-graffiti measures
Landscaping and irrigation
Decorative improvements
Aesthetic improvements
Property Management Contact information signage
Properties qualified to participate in the Property Compliance Assistance Program must
meet all of the qualifying criteria:
Commercial property located within Santa Ana city limits within the area
highlighted in the qualified census tract (exhibit 1);
Have all applicable licenses current;
Submit a City application with required supporting documentation; and
Demonstrate significant revenue loss as a result of COVID-19
Properties and activities excluded from the Property Compliance Assistance program
include:
Home-based businesses;
Structures not facing the public right-of-way;
Banks;
Churches and other religious institutions;
Government-owned buildings;
Commercial Property Compliance Assistance Program
June 21, 2022
Page 3
2
8
1
3
Interior or exterior improvements not approved by the Planning and Building
Agency;
Improvements without proper, clearly defined, and notarized documentation;
Commercial properties outside the area highlighted in Exhibit 1; and
Trading one type of service/job for another, rather than paying to have the
service/job performed (i.e. no “bartering”)
Properties with outstanding corrective notices dated after program approval will receive
preferences.
Due to the high level of building activity throughout the City, additional personnel have
been recruited to direct the implementation and administration of the program.
The following designated staff have been assigned to expedite the program
implementation:
1 Assistant Plan Check Engineer;
1 Permit Technician;
1 Assistant Planner I; and
1 Management Analyst
Using ARPA funds for the aforementioned personnel will provide dedicated services to
applicants without hindering the workflow of ongoing projects or prolonging project
reviews due to an influx of demand. Program staff will complete grantee projects within
the 100-day period as stipulated for project completion. The city will receive applications
concurrently as projects are being completed which will provide efficient pacing for project
reviews.
To award funds promptly and distribute the designated allotments to property owners
quickly, the program will be publicly released Wednesday, June 22, 2022, pending
Council approval. Applicants will be able to submit their applications and supplemental
materials by US postal mail, in person, or via email.
PBA staff members assigned to ARPA from the Planning and Building Agency will review
completed applications to determine eligibility. Funding will be allotted on a first-come-
first-serve basis of complete application submittal including all required supplemental
documents until depleted. Reviewing applications on a first-come-first-serve basis will
allow City staff the ability to expedite eligibility.
Applicants will be provided written notification of pre-approval or denial of their
application. Reason(s) for the project denial will be provided to the applicant in writing
Correspondence regarding the program is as follows:
Written notifications will be disbursed within two weeks of receiving applications.
Commercial Property Compliance Assistance Program
June 21, 2022
Page 4
2
8
1
3
During the pre-approval phase of the program, applicants are required to provide
applications and complementary materials in duplicate; one (1) additional physical
copy and one (1) digital copy.
After the City receives the pre-approval documents, applicants will be given written
notifications of final approval.
Written notifications of final approval will be disbursed within two weeks of
receiving the pre-approval documents.
Reimbursements will be awarded within two to four weeks after the date provided
in the Notice of Completion. Projects approved by the Planning and Building
Agency are required to be completed within one hundred (100) days of receiving
the Notification of Approval.
Failure of completion will result in forfeiture of the reimbursement.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
As indicated, the estimated total delivery cost of the program is $1,000,000 which includes
staff, program management, and reimbursable monies to local properties. Funds for this
project were appropriated in the Fiscal Year 2021-22 through the Revive Santa Ana
Spending Plan. Funds are available in the following accounts for the specified fiscal year:
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 21-22 18116013-
Various
American Rescue
Plan Act (ARPA)
ARPA – PBA,
Salaries & Benefits
$28,000
FY 22-23 18116013-
Various
American Rescue
Plan Act (ARPA)
ARPA – PBA,
Salaries & Benefits
$372,000
FY 22-23 18116013-
62300
American Rescue
Plan Act (ARPA)
ARPA – PBA,
Contract Services-
Professional
$600,000
Grand Total $1,000,000
EXHIBIT(S)
1. Qualified Census Tract (QCT) Map
2. CP-CAP Guidelines and Application
Submitted By: Minh Thai, Executive Director of Planning and Building Agency
Approved By: Kristine Ridge, City Manager
Qualified Census Tract Map
Exhibit 1
The Secretary of the U.S. Department of Housing and Urban Development (HUD) determined the designation of Qualified and/or eligible Census
Tracts (QCT)s. QCTs are areas having either 50% or more household incomes less than 60% of the area median gross income, or a poverty rate of at
least 25%. The City of Santa Ana has fifteen (15) QCTs located in wards 1, 2, 3, 5, and 6 and are outlined above.
PROPERTY COMPLIANCE
ASSISTANCE PROGRAM
City of Santa Ana
Planning and Building Agency
Exhibit 2
Terms and Conditions and Application
20 Civic Center Plaza, Santa Ana, CA, 92701
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 1
Commercial Property Compliance Assistance Program
TABLE OF C ONTENTS
Purpose ..................................................................................................................................... 4
Source of Funds ........................................................................................................................ 4
Applicant Eligibility Requirement .............................................................................................. 4
Property Ownership .............................................................................................................. 4
Program Exclusions .............................................................................................................. 5
Capacity ................................................................................................................................. 5
Property Eligibility Requirements ............................................................................................. 5
Eligible Commercial Properties ........................................................................................... 5
Minimum Property Rehabilitation Standards ..................................................................... 6
Eligible Property Improvements .......................................................................................... 6
Design Restrictions .............................................................................................................. 7
Program Benefits ...................................................................................................................... 7
Program Procedures ................................................................................................................. 8
Applicant Intake and Eligibility Determination .................................................................. 8
Application ............................................................................................................................8
Property Maintenace Agreement ..............................................................................................8
Property Management Contact Information Signage .................................................................8
Verification and Eligibility ........................................................................................................9
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 2
Commercial Property Compliance Assistance Program
Rehabilitation Feasibility Determination ................................................................................ 10
Pre-Approval and Notifications .............................................................................................. 10
Approval and Notifications .................................................................................................... 10
Applicant Responsibilities ................................................................................................. 10
Property Maintenance ........................................................................................................... 10
Taxes ................................................................................................................................... 11
Notice of Completion ............................................................................................................ 11
Reimbursement Process .................................................................................................... 12
Project Requirements ............................................................................................................. 12
Application Approval Process ................................................................................................. 13
Display of Reimbursement Program Sign .............................................................................. 13
Accomplishment of Work ........................................................................................................ 14
Inspection of Project ............................................................................................................... 15
Miscellaneous Programmatic Requirements ......................................................................... 15
Fire and Flood Insurance Requirements .......................................................................... 15
City of Santa Ana Business License .................................................................................. 15
Amendments ........................................................................................................................... 15
CP-CAP Application ................................................................................................................. 16
Checklist.............................................................................................................................. 16
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 3
Commercial Property Compliance Assistance Program
Applicant Information ........................................................................................................ 18
Contractor Information ...................................................................................................... 19
Outstanding Violations ....................................................................................................... 19
Estimated Costs .................................................................................................................. 20
Statement of Project Description...................................................................................... 21
Project Timeline .................................................................................................................. 21
General Conditions ............................................................................................................. 22
Application Certification .................................................................................................... 23
CP-CAP Evaluation Rubric ....................................................................................................... 24
Visibility ............................................................................................................................... 24
Design .................................................................................................................................. 25
Sustainability/Permanence ............................................................................................... 25
Community Contributions .................................................................................................. 25
Bonus ................................................................................................................................... 25
CP-CAP Qualified Census Tract Map ...................................................................................... 27
CP-CAP Property Maintenance Sample Agreement ............................................................... 28
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 4
Commercial Property Compliance Assistance Program
PURPOSE
CP-CAP assists commercial properties in their recovery efforts due to the hardship onset of the COVID-19
pandemic. The enhancements approved by the Planning and Building Agency will be eligible to receive up
to $50,000 for facade and eligible improvements. Each applicant must provide proof of initial investment
and commitment to make property improvements.
The goal of CP-CAP is to facilitate commercial revitalization; stimulate private investment; preserve and
beautify the commercial corridors; and generate shopping and a pleasant walking environment by
improving the visual aesthetics of commercial building facades through the use of the City’s Revive Santa
Ana – American Rescue Plan Act funding allocation. Additionally, CP-CAP will help create a pedestrian-
friendly and aesthetically pleasing environment for residents, visitors, and tourists, and may also create
substantial economic benefits for merchants and property owners as a result of increased interest and
activity in the area.
By stimulating private investment and customer patronage, CP-CAP adds value to the City’s economy and
enhances the community experience. The objective of CP-CAP is to assist in restoring, substantially
beautifying, and/or enhancing the entire façade or elevation of a commercial building.
SOURCE OF FUNDS
CP-CAP is being funded by the American Rescue Plan Act (ARPA) Fiscal Year 2021-23. The funds are
allocated through the Revive Santa Ana initiative. CP-CAP will only fund projects that significantly improve
the visual appearance of the entire façade of the property as viewed from the street. The following section
provides details regarding the program’s criteria for eligibility and the approval process. Only one grant will
be awarded per building within a five (5) year period.
APPLICANT ELIGIBILITY REQUIREMENTS
PROPERTY OWNERSHIP
The applicant(s) must be the current property owner(s). The existing deed must list all current owners of
the property. Property owner(s) shall be construed to be any person(s) or legal entity that holds title to the
subject property. In the case of multiple ownership, the signature of each titleholder is required on all
appropriate documents.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 5
Commercial Property Compliance Assistance Program
The City will verify property ownership and require all persons currently on the title to give written consent
to all work being performed on the property as it relates to the application.
PROGRAM EXCLUSIONS
The following businesses are not eligible to receive Program assistance:
• Residential rental buildings (apartments);
• Home-based businesses;
• Structures not facing the public right-of-way;
• Banks;
• Churches and other religious institutions;
• Government-owned buildings;
• Interior or exterior improvements not approved by the Planning and Building Agency;
• Improvements without proper, clearly defined, and notarized documentation;
• Trading one type of service/job for another, rather than paying to have the service/job performed
(i.e. no “bartering”); and
• Properties not located within the Qualified Census Tract (QCT) map (Page 25).
CAPACITY
Property owners must be of legal age and must have the capacity to enter into binding contracts.
PROPERTY E LIGIBILITY R EQUIREMENTS
ELIGIBLE COMMERCIAL PROPERTIES
To be eligible for CP-CAP assistance, the property to be rehabilitated must be located in Santa Ana city
limits and meet the following requirements:
• Areas located in the QCT map (page 25);
• Commercial building must be dilapidated or blighted;
• Storefront must be visible from the street; and
• Located on a major corridor.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 6
Commercial Property Compliance Assistance Program
MINIMUM PROPERTY REHABILITATION STANDARDS
All work performed under the provisions of this Program shall meet all applicable standards contained in
the City’s adopted zoning ordinance, local building, and safety codes. The City’s Municipal and Zoning
Ordinance can be viewed on the City’s website at www.santa-ana.org.
ELIGIBLE PROPERTY IMPROVEMENTS
The City has determined that the CP-CAP assistance may only be used for exterior rehabilitation items.
Eligible improvements include those that improve the exterior aesthetic appearance of a building
storefront of a commercial enterprise and are visible from the street. Such exterior improvements may
include, but are not limited to:
• Restorations of building materials and architectural features
• Signage
• Awnings
• Steam cleaning / Power washing
• Fencing
• Doors
• Parking lot resurfacing
• Lighting
• Paint
• Anti-graffiti measures
• Landscaping and irrigation
• Decorative improvements
• Aesthetic improvements
• Property Management Contact Information signage
The city has a Graffiti Taskforce that responds immediately to remove graffiti. Please call GTF at (877)
STOP-TAG or (877) 786-7824. Graffiti incidents can also be reported online at Santa-ana.org/report-
issue or through our MySantaAna app.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 7
Commercial Property Compliance Assistance Program
The following improvements are ineligible under this program:
• Any improvements not visible from the public right-of-way or publicly owned space
• Nonvisible mechanical equipment screening
• Interior improvements/remodeling
• Temporary, portable, or non-permanent improvements
• New construction
• Business operations-related costs
• Property acquisition, debt refinancing, expansion of building area, or conversion of building use
• Normal maintenance and repair
• HVAC repair/improvements
• Plumbing repairs/improvements
D ESIGN RESTRICTIONS
Only improvements made to the street-facing portion of the building are eligible. Improvements are not
eligible if they are simply the maintenance of the current façade. CP-CAP assistance can also be used for
Building and Health Code violations as identified by the City. Additionally, to participate in CP-CAP, grants
an also be used for property signage rehabilitation to insure conformance with all applicable zoning and
municipal code requirements of the City.
PROGRAM B ENEFITS
• Maximum reimbursement for physical improvements is $50,000.
• Reimbursements will be awarded in one payment. Applicant(s) must receive a passing final
inspection to receive a Notice of Completion from the City’s Building and Safety Division.
• The award will be granted within two to four weeks after the date provided in the Notice of
Completion.
• Funding will be available until the funds from the American Rescue Plan – Revive Santa Ana
initiative are depleted or replaced.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 8
Commercial Property Compliance Assistance Program
PROGRAM PROCEDURES
APPLICANT INTAKE AND ELIGIBILITY DETERMINATION
APPLICATION
Property owners may apply for program assistance by completing application forms available
online at http://www.santa-ana.org/ and submitting such materials to the Planning and
Building Agency. Each application must be completed in its entirety, signed, and submitted with all
required documents listed within the application, including a deed or signed proof of ownership.
Applications will be reviewed in the order in which they are received.
PROPERTY MAINTENANCE AGREEMENT
Applicants must sign and submit the Commercial Property Compliance Assistance Program
Property Maintenance Agreement (Page 27) in the draft form appearing as Exhibit A, or
substantially similar thereto, which states that the improvements shall be maintained in
conformance with the standards generally applicable to comparable retail/commercial businesses
located within the City for a term of five (5) years or the date the applicant no longer exercises
custody and control over the property, whichever comes first.
PROPERTY MANAGEMENT CONTACT INFORMATION SIGNAGE
Applicants who include a Property Management Contact Information sign as part of their property
improvement proposal must include the following information:
• Name of property manager
• Name of property management company (if applicable)
• Phone number
• Contact information
The property shall be posted with the name and 24-hour contact phone number of the local
property management company. The posting shall be no less than eighteen (18) inches x twenty-
four (24) inches, shall be a font that is legible from a distance of forty-five (45) feet, and shall
contain the following verbiage: “THIS PROPERTY MANAGED BY: _________”, and “TO REPORT
PROBLEMS OR CONCERNS CALL (name and phone number)
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 9
Commercial Property Compliance Assistance Program
Design for the property management contact information sign must be submitted to the Planning
and Building Agency for review along with application materials. A sample is provided for
reference.
VERIFICATION AND ELIGIBILITY
The City shall verify all information as necessary. All complete applications will be date stamped
when received and processed in that order. Applications will be subject to review by Planning and
Building Agency. Applications will be evaluated based on the program’s evaluation rubric.
Applicants will be notified in writing regarding their eligibility status. Incomplete applications will
not be processed until all requested information is submitted.
1 Sample Property Management Contact Information Sign
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 10
Commercial Property Compliance Assistance Program
REHABILITATION FEASIBILITY DETERMINATION
Once an applicant has been determined to meet eligibility requirements, an initial inspection of the
property will be made by the City to determine the extent of any code violations as well as any
health and safety issues that need to be corrected pursuant to the provisions of this assistance
program.
PRE-APPROVAL AND NOTIFICATIONS.
Applicants will be provided with written notification of pre-approval or denial. Reason(s) for the
project denial will be provided to the applicant in writing. Within the pre-approval notice, applicants
will be required to submit one (1) additional physical copy and one (1) electronic copy of the
application and subsequent materials as provided in the pre-approved application.
APPROVAL AND NOTIFICATIONS
Applicants will be provided with written notification of approval. Within the approval notice,
applicants will receive their date of completion requirement. Completion of approved projects must
be within one hundred (100) calendar days of the date provided on the approval notice. Failure to
complete the project within the one hundred (100) days may result in forfeiture of the grant. Both
copies are due within fourteen (14) calendar days of the date provided on the pre-approval notice.
Failure to provide requested pre-approval materials may result in forfeiture of the award and
provided to the next eligible applicant.
APPLICANT RESPONSIBILITIES
PROPERTY MAINTENANCE
The property owner(s) is/are responsible for property maintenance during the rehabilitation work
(the contractor is responsible for keeping the property clean of all construction material). The
property owner(s) is/are responsible for ensuring that the rehabilitation work is not impeded
because of their actions or the actions of their tenant(s). The City shall require the contractor and
their employees to provide adequate pedestrian and property protection at the construction site.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 11
Commercial Property Compliance Assistance Program
Applicants must sign and submit the Commercial Property Compliance Assistance Program
Property Maintenance Agreement (Page 27) in the draft form appearing as Exhibit A, or
substantially similar thereto, which states that the improvements shall be maintained in
conformance with the standards generally applicable to comparable retail/commercial businesses
located within the City for a term of five (5) years or the date the applicant no longer exercises
custody and control over the property, whichever comes first.
TAXES
Property tax bills for the subject property must be current. The property owner(s) is/are responsible
for ensuring that the property taxes are current. The City will verify that the property taxes for the
property are current. If the property tax statement indicates delinquency, at the time of the
program application, the City shall not proceed with grant processing until it is supplied with a
Certificate of Redemption from the Orange County Tax Assessor’s Office or other appropriate
documentation of proof of payment.
The City considers these rebates to generally be considered taxable, reportable income. Applicants
should procure their own advice and interpretations from their tax representatives before
accepting the award.
NOTICE OF COMPLETION
The property owner(s) is/are responsible for scheduling a final job completed inspection with the
City’s Building and Safety Division. The City will verify that the project received a passing final
inspection. After all requirements have been met, the City will issue a Notice of Completion to the
property owner(s).
By accepting grant funds, the applicant commits to properly maintain all improvements and to
keep storefronts, as well as sides and back of buildings, clean and free of graffiti for a minimum of
five (5) years at the Property Owner’s expense. Any damage to the façade is to be repaired
immediately by the applicant so that the building remains in good condition and positively
contributes to the business area.
On an ongoing basis, the applicant is required to touch-up painted areas and perform any other
repairs needed to maintain the building’s appearance including the annual cleaning of awnings (if
applicable) at the Property Owner’s expense.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 12
Commercial Property Compliance Assistance Program
REIMBURSEMENT PROCESS
a. Upon approval, the City of Santa Ana will enter into an agreement with the applicant.
b. Applicants are responsible for obtaining all necessary permits (including building permits) and
authorities from the City.
c. Staff will inspect the project to ensure compliance with the grant.
d. Work must be completed within one hundred (100) calendar days of the date stated on the
approval notification. If the work is not completed within the one hundred (100) calendar days, the
funds may be forfeited and provided to the next eligible applicant.
e. All work must comply with approved plans as defined in the approved application.
f. Reimbursement funds will only be disseminated to the applicant.
g. Reimbursement funds will be disseminated within two to four weeks after the issuance of a Notice
of Completion issued by City staff.
PROJECT REQUIREMENTS
• Each applicant must provide proof of initial investment and commitment to make property
improvements. Applicants are required to match 100% of the funds as requested in their
application. The objective of the investment requirement is to incentive, maximize, and complement
additional property improvements. For example:
o A property provides documentation indicating that they have already invested $20,000 into
the improvements as listed on their application. The property is then eligible for $20,000 in
grant awards from CP-CAP. The overall investment totals $40,000.
• Applicable license(s) must be current with the City of Santa Ana and the State of California.
• Applications must be completed and submitted with all supporting documents. All projects
submitted must be approved by the Planning and Building Agency before monies are dispersed.
• Candidates must demonstrate significant revenue loss as a result of the COVID-19 pandemic.
• All improvements must follow City design guidelines. Additionally, any non-conforming
improvements must be removed, if physically feasible. Improvements on registered historic
buildings may require approval from the Historic Resources Commission.
• Façade program covers the first two stories of the building. Exterior historic architectural features
above this level will be accepted on a case-by-case basis.
• Evidence of planning and/or building permits will be required for all applicable improvements.
• Applicants must submit approved plans and elevations with the application.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 13
Commercial Property Compliance Assistance Program
• All project improvements shall comply with City codes, ordinances, and Central Business District
Regulations (C-3).
• If occupied, all tenants must have a Certificate of Occupancy before being allowed to participate in
the program.
• All project costs must be paid by check and include invoices.
• Contractors must be licensed in the City of Santa Ana and through the California Contractors State
License Board.
• Contractor(s) and subcontractor(s) must comply with all laws and regulations pertaining to
Prevailing Wage.
• Suitable landscaping shall be used to aid in the preservation of community-scale and character.
All contracts and agreements associated with the approved project must be notarized.
APPLICATION APPROVAL PROCESS
• Staff members from the Planning and Building Agency Staff shall review completed applications for
approval.
• Reimbursements will be alloted on a first-come-first-serve basis.
• Properties with outstanding corrective notices dated after City Council approval of the CP-CAP
program will receive preferences.
• Applicant(s) will receive written notice of approval, including any modifications, or denial of projects
within two to four weeks of the application submittal.
• Applicant(s) must provide voided checks and invoices demonstrating costs incurred for the
enhancements as specified within the application.
DISPLAY OF RE IMBURSEMENT P ROGRAM S IGN
Applicant may be required to display a CP-CAP Program sign, from the date of enhancement
approval until the date of Notice of completion.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 14
Commercial Property Compliance Assistance Program
ACCOMPLISHMENT OF WORK
• The applicant agrees to all improvements specified in the application and the Planning and Building
Agency’s recommendations and/or stipulations that work will conform to City standards. Under
certain submittals, applicant plans may be subject to a “Site Plan review” by the Planning and
Building Agency.
• Applicant shall carry out the design, construction, and operation of the project in substantial
conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and
decrees of the United States, the State of California, the County of Orange, the City of Santa Ana, or
any other political subdivision in which the property is located, the Applicant or the property,
including all applicable federal, state, and local occupation, safety, and health laws, rules,
regulations and standards, applicable state and labor standards, prevailing wage requirements, the
City zoning and development standards, City permits and approvals, building, plumbing,
mechanical and electrical codes, as they apply to Property and the Project, and all other provisions
of the City and its Municipal Code (as they apply to the Property and the Project), and all applicable
disabled and handicapped access requirements, including, without
limitation of the Americans with Disability Act, 42 U.S.C. §12101 et seq., Government Code §4450
et seq., and the Unruh Civil Rights Act, Civil Code §51 et seq.
Supporting documentation may include an architectural rendering (depending upon the extent of
the proposed improvements), landscape and irrigation plans, sign plans, plant chips (in compliance
with the designated color pallet) and types of materials to be used, and color schemes (see
designated color pallet).
• All agreed-upon improvements must be completed within one hundred (100) calendar days of the
post-marked application approval notification. If the improvement has not been completed by the
deadline, the file may be closed, and the applicant may have to reapply for the program with solid
substantiation as to why they were unable to meet the deadline.
• Upon completion of all agreed-upon improvements, the applicant MUST submit copies of canceled
checks (both sides), paid invoices/receipts, permit copies, proper prevailing wage documentation,
and a description of completed work and costs involved.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 15
Commercial Property Compliance Assistance Program
INSPECTION OF PROJECT
• Before, during, and after improvements are being made, the City of Santa Ana staff shall have the
right to inspect all exterior work. No reimbursement check shall be issued until all improvements
have been completed to the satisfaction of the inspectors, and the appropriate documentation has
been received, reviewed, and processed accordingly.
MISCELLANEOUS PROGRAMMATIC R EQUIREMENTS
FIRE AND FLOOD INSURANCE REQUIREMENTS
Applicants are obligated to carry sufficient fire insurance coverage on the subject property to be
rehabilitated under the provisions of this program. Prior to any grant assistance, minimum fire insurance
coverage shall be provided in an amount that is equivalent to the value of the subject building or structure
including the proposed rehabilitation improvements. Uninsured applicants must obtain coverage in the
required amount prior to receiving grant assistance. Applicants in a “Flood Hazard Area” will be required to
purchase flood hazard insurance.
CITY OF SANTA ANA BUSINESS LICENSE
Applicants must have a current City of Santa Ana Business License to be eligible to apply for funding. To
apply for a Business License or obtain more information, you may visit the Business License Division
service counter in City Hall, Monday – Thursday from 7:00 a.m. to 5:00 p.m. and alternate Fridays from
7:00 a.m. to noon.
AMENDMENTS
Amendments to these guidelines may be made from time to time by the City. The vested authority shall be
granted to the City Manager or their designee to grant a minor waiver or make minor amendments to these
guidelines, with the exception of Federal regulations. All major amendments to these guidelines shall be
approved by the City Council.
Applicant name:
(please print)
Date:
Signature
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 16
Commercial Property Compliance Assistance Program Application
CHECKLIST
Complete this checklist to ensure all required documents are included. Incomplete applications will
not be considered.
☐ Complete Commercial Property Compliance Assistance Program (CP-CAP) Application
☐ Organizational Documentation (Articles of Incorporation, LLC Operating Agreement, etc.)
☐ Personal Background Exhibits
☐ Owner’s Signature on application
☐ List of all Tenants and Businesses in the Building
☐ Copy of Applicants City Business License ☐ Check here if not applicable
☐ Statement of Project Description
A written statement of what the improvement project will involve. Provide as much detail as possible,
including what you are changing or replacing, type of new materials to be used, color, location on façade,
etc.
☐ Photographs of Existing Façade
Submit several photos of your building in its current condition. If necessary, also take several photos of
buildings in the area to demonstrate that your proposed improvements will maintain the character of the
area. Be sure to label each photo and indicate what improvements you are proposing to make in each
image. Photos must be submitted electronically in JPEG format.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 17
Commercial Property Compliance Assistance Program Application
☐ 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 sheets of design elements such as windows, doors, lighting,
canopies, etc. showing colors, size, type of material, etc.
☐ Detailed Cost Estimates
Estimates should include all details for the approved scope of work.
☐ Other:
☐ Owner’s Signature on application
Submit all completed applications with all required attachments to the Planning and Building Agency
or PlanetBids
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 18
Commercial Property Compliance Assistance Program Application
Applicant Information
Applicant
Name:
Contact
Person:
City, Zip Code
Property
address:
Mailing
Address:
Phone: Email
EIN #/
SSN #/
ITIN #
Business
License #:
Please
check
one:
Proprietorship
Partnership
Corporation
Has property received, been awarded,
or applied for any other COVID-19
pandemic relief funds from any
agency(ies)
Yes
No
Type of Property:
Name of Business:
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 19
Commercial Property Compliance Assistance Program Application
Contractor Information
Name of Business:
Contractor’s
Representative Name:
Address: Phone:
City: State: Zip:
Email:
Type of Business:
Tax ID#:
California State Contractor’s License#:
City of Santa Ana Business License#
Contractor’s Signature – Improvements Approved
Outstanding Violations (if applicable)
Citation: Date of Citation:
Citation: Date of Citation:
Citation: Date of Citation:
Citation: Date of Citation:
Citation: Date of Citation:
If additional space is needed, please attach a separate complete list of all citations and dates of
citations.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 20
Commercial Property Compliance Assistance Program Application
Estimated Costs
Category Estimated Costs/Bids
1. Restorations of Building Materials
2. Architectural Features
3. Signage
4. Awnings
5. Steam Cleaning / Power washing
6. Fencing
7. Doors
8. Parking Lot Resurfacing
9. Lighting
10. Paint
11. Anti-Graffiti Measures
12. Landscaping
13. Irrigation
14. Decorative Improvements
15. Aesthetic Improvements
16. Other (Attach a separate complete list of all proposed
improvements and breakdown of costs
Estimated date of completion
Total Estimated Costs $
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 21
Commercial Property Compliance Assistance Program Application
Statement of Project Description
Please describe the scope of the proposed improvements below (include a summary of the building’s
current condition, areas to be improved, and how, as well as any proposed materials or colors). You
may attach additional sheets if necessary or use a separate page to provide a written statement.
Project Timeline
Project Start Date:
Project End Date:
Additional Comments:
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 22
Commercial Property Compliance Assistance Program Application
GENERAL CONDITIONS
• The applicant is solely responsible for all safety conditions and compliance with all municipal,
county, state, and federal safety regulations, building codes, ordinances, labor and wage laws, and
other applicable regulations.
• Voided checks and invoices must be provided for work completed prior to reimbursement approval.
The applicant will not seek to hold the City of Santa Ana and/or its agents, employees, officers,
and/or directors liable for any property damage, personal injury, or other loss relating in any way to
the Commercial Property Compliance Assistance Program.
• The applicant agrees to maintain the property and improvements for a minimum of five (5) years.
• The applicant authorizes 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 the project in the city of Santa Ana materials and press releases.
• The applicant understands the City of Santa Ana reserves the right to make changes in conditions
of the Commercial Property Compliance Assistance Program as warranted.
• If at any time you wish to withdraw your application, you must notify the City of Santa Ana Planning
and Building Agency Director in writing at 20 Civic Center Plaza, Santa Ana, CA, 92701, as soon as
possible.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 23
Commercial Property Compliance Assistance Program Application
Application Certification
Please read the statements below and certify that you understand:
☐ I/We certify that the building owner is the owner of the property.
☐ I/We have attached a copy of all current leases.
☐ I/We have attached relevant photos of the building façade(s) to be included in this program.
☐ I/We have reviewed the program overview and guidelines, have familiarity with the responsibilities
of each party, and understand that:
• The Property Compliance Assistance Program is paid to the applicant as reimbursement of
paid invoices.
• All services to be performed by contractors shall be subject of agreement between the
applicant and contractor(s).
• The Agency shall not assume any liability for such agreements, except as specifically
authorized by the program.
☐ I/We understand that If awarded no portion of the grant funds will be used for any purposes other
than those listed above.
☐ I/We have read and understand the City of Santa Ana program guidelines, accept the
qualifications and conditions and through signature(s) below, certify that I/We are qualified and
will abide by such conditions set forth in this application and for all reasonable conditions which
may be issued by the City of Santa Ana in the implementation of this program. I/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.
☐ I/We have attached a completed Property Maintenance Agreement
Applicant(s)
Signature: Date:
Applicant(s)
Signature: Date
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 24
Commercial Property Compliance Assistance Program Evaluation Rubric
Applicants to the Commercial Property Compliance Assistance Program will be evaluated by the
Planning and Building Agency Director and staff using this evaluation system. In addition to the
evaluation rubric, applicants must meet all other program requirements outlined in the Property
Compliance Assistance Program Guidelines to be considered for funding.
Applicant: Number:
Address:
Rater Name: Date:
Visibility: Certain buildings and businesses are important to the Ward’s character
because of their location, size, and/or architectural detail
Yes
No
The building is highly susceptible to blight
Key, highly visible elements of the building will be improved
The building is highly visible due to its location (prominent intersection, larger than
surrounding properties, etc.)
Improvements will significantly impact revitalization efforts in downtown
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 25
Commercial Property Compliance Assistance Program Evaluation Rubric
D esign: Some changes may benefit a property’s aesthetics significantly. Yes No
The plan is consistent with Santa Ana’s commercial design guidelines and development
standards
Proposed improvements will enhance the aesthetics of the building and surrounding the
Central Business District
The proposed work complements neighboring property.
A professional designer contributed to the plan
Historic characteristics are enhanced and/or restored
Sustainability/Permanence: Some improvements have a greater, lasting value
than others and will remain relevant to the property over time. Priority will be given
to projects with significant permanence.
Yes No
Improvements are more than temporary cosmetic touches. Improvements have lasting
value and will enhance the integrity of the property
Project includes a maintenance plan for the improvements
Applicant owns the building and plans to invest in additional projects
Community Contributions: Businesses that focus on the community as a whole
build a better place for people to live, visit, work, and play. Priority will be given to
businesses that actively give to the community.
Yes No
Applicant keeps area around the business clean and free of debris on a consistent basis.
Applicant participates in Ward organizations and events that promote the community.
Applicant actively promotes the community and their business.
Bonus: Yes No
The Applicant has an outstanding corrective notice dating after June 21, 2022 will be given
priority.
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 26
Commercial Property Compliance Assistance Program Scoring Criteria
Comments:
Rater Signature:
City of Santa Ana
Planning and Building Agency
DISCLAIMER: The submittal of information herein does not guarantee any award of funding from the City of
Santa Ana or constitute a financial commitment thereof. Grant funds are subject to applicable federal and
local funding limitations and the City of Santa Ana’s verification of various eligibility requirements.
Page | 27
COMMERCIAL PROPERTY COMPLIANCE ASSISTANCE PROGRAM QUALIFIED CENSUS TRACT
City of Santa Ana
Planning and Building Agency
The Secretary of the U.S. Department of Housing and Urban Development (HUD) determined the designation of Qualified Census Tracts
(QCT)s. QCTs are areas having either 50% or more household incomes less than 60% of the area median gross income, or a poverty rate
of at least 25%. The City of Santa Ana has fifteen (15) QCTs located in wards 1, 2, 3, 5, and 6.
Page | 28
CP-CAP PROPERTY MAINTENANCE SAMPLE AGREEMENT
City of Santa Ana
Planning and Building Agency
Page | 29
CITY OF SANTA ANA
COMMERCIAL PROPERTY COMPLIANCE ASSISTANCE PROGRAM
PROPERTY MAINTENANCE AGREEMENT
This PROPERTY MAINTENANCE AGREEMENT (“Agreement”) is effective upon
the date of completion of improvements (“Effective Date”) described below that have been
undertaken in accordance with the City’s Commercial Property Compliance Assistance Program
(“Program”). This Agreement is entered into by and between the City of Santa Ana (“City”) and
[name of property owner] (“Owner”).
RECITALS
WHEREAS, Owner made an application under the Program with respect to the
improvements described herein at the real property located at [site address] 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 [insert date]; and
WHEREAS, under the Program, Owner has made the following Improvements to the
Property for which Owner has received financial assistance from City: [describe improvements
here] (“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 1. RECITALS. The Recitals above are true and correct and incorporated into
the body of this Agreement by this reference.
Section 2. 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 3. 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:
1. 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.).
Page | 30
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 Section 3. 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 Improvements 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 3 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 3, 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 3(C) if the City
issues a written notice of “Maintenance Deficiency” as this term is defined in Section 3(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 3(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: (i) 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
Page | 31
removed within twenty-four (24) hours following the time of its application. A failure by Owner
to remove graffiti within twenty-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 3(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 Authority. Any sums expended by the City in enforcing, maintaining,
repairing or replacing, or curing any element of the Improvements as authorized in Section 3 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 3 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 3(G)
to restore the Improvements to the maintenance standard required under this Section 3, 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
3 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 3 shall be deemed to be
a waiver of the right or power of the City to enforce any subsequent default thereof by Owner.
Section 4. 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. This Agreement may otherwise be terminated upon the mutual agreement
by the Parties.
Section 5. 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
Page | 32
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 6. 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 7. AMENDMENT. No amendment, modification or supplement of this
Agreement shall be valid or binding unless executed in writing and signed by both Parties.
Section 8. 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: CITY:
[Name and Address of Owner]
Attn:
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 9. COUNTERPARTS. This Agreement may be executed in counterparts,
each of which shall be of equal force and effect.
Page | 33
IN WITNESS WHEREOF, the Parties 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:
City Manager
By:
Clerk of the Council
OWNER
By:_______________________________
Name:____________________________
Title:______________________________
Page | 34
Published June 21, 2022