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HomeMy WebLinkAboutJIMENEZ, JORGE AND OLGA SANDEZ DERLCt)RDING REQUES'Ifl- Y: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 W13EN RECORDED, RETURN TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza Santa Ana, CA 92701 X I 3848Po 408 RECORDING REQUESTED 8V 34027 ARST AMERICAN WLE tNS, IS RECORDED IN OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA $13. To] - 4 15 R M. NOV 2 4'80 13 ' rC 5 LEE A. BRANCH, County Recorder RESIDENTIAL LOT LEASE THIS LEASE, made and entered into this 4th day of August 1980, by and between the City of Santa Ana, a municipal corporation of the State of California, hereinafter referred to as "CITY," and JORGE JIMENEZ and OLGA SANDEZ DE JIMENEZ hereinafter referred to as "FAMILY." W I T N E S S E T H 1. Leased Land. For and in consideration of the payment of the rents and taxes and other charges, and the performance of all of the covenants and conditions of this lease by FAMILY, CITY hereby leases to FAMILY that certain lot of land (hereinafter referred to as "said leased land") situated in the City of Santa Ana, County of Orange, State of California, described as follows, to wit: All that certain land situated in the State of California, County of Orange, City of Santa Ana, described as follows: That portion of Lot 10 of Tract No. 1191, as shown on a map recorded in Book 37, pages 24 and 25 of Miscellaneous Maps, Records of orange County, California described as follows: Parcel No. 1, as shown on a map filed in Book 129, pages 32 and 33 of Parcel Maps, in the office of the County Recorder of Orange County, California. Subject to: (a) Current taxes and assessments. (b) Covenants, conditions, restrictions, reservations, rights, rights -of -way, and easements of record. _BK 13848PO 409 2. Value of Leased Land. CITY and FAMILY agree that the value of said leased land is Twenty -Five Thousand Dollars And No Cents ($25,000.00 ) as of April 18, , 1980 3. Term of Lease. Said leased land is leased for the term of 55 years, commencing on , 1980 , and subject to earlier termination as herein provided. 4. Rental. Except as otherwise provided in this paragraph 4, FAMILY agrees to pay to CITY as rental for the use and occupancy of said leased land, the sum of $1,250.00 per year, which is five percent (5%) of the value of said leased land as specified in this Lease. Said rental is due and payable in arrears each year on the anniversary date of the insured mortgage concurrently executed on improvements affixed by FAMILY to said leased land. So long as there is no change in title to said leased land or the improvements situate thereon,' all but One Dollar ($1.00) per year of said sum shall be forgiven for the first five (5) years of the term hereof. Said forgiveness shall continue thereafter if, and for so long as, FAMILY qualifies for assistance payments from the Department of Housing and Urban Development under the provisions of the assistance payments contract for FAMILY'S "Section 235" insured mortgage on the improvements affixed by FAMILY to said leased land. 5. Option to Purchase Land. Except as hereinafter other- wise provided, FAMILY is granted the option, upon thirty (30) days written notice to CITY, to purchase the fee simple title to said leased land at the appraised value thereof specified in hereinabove paragraph 2, plus any and all yearly lease payments forgiven pursuant to hereinabove paragraph 4. Said option may only be exercised by a person or persons of low or moderate income as defined in the "Code of Federal Regulations" [24 CFR 570.3(o), or otherwise, as applicable]. 2. -8K 13848PO 410 6. Change in Title, Assignment or Subletting. (a) FAMILY shall give CITY not less than sixty (60) days prior written notice before effecting any transfer, sale, assignment or other disposition of the improvements affixed to said leased land or FAMILY'S interest in the leasehold estate created hereby. CITY is hereby granted the option, to be exercised within said sixty (60) day period, to purchase the interest of FAMILY in and to said improvements and said leasehold estate, and to convey the same to a person or persons of low or moderate income as defined in the "Code of Federal Regulations" who may wish to purchase the interest of FAMILY and assume all remaining rights and obligations under this Lease. CITY and FAMILY shall agree upon the fair market value of said improve- ments as of the date of exercise of such option. In the evert they are unable to agree, an independent appraiser mutually acceptable to the parties shall be retained to determine said fair market value, which in any event, shall not be less than the amount due under the insured mortgage on the improvements affixed by FAMILY to said leased land. (b) In the event that CITY does not exercise said option and FAMILY elects to sell, assign or otherwise transfer the improvements affixed to said leased land or FAMILY'S interest in the leasehold estate created 'hereby to a person or persons not of low or moderate income as defined above, the provisions of this Lease shall continue, and such person or persons shall be substituted in lieu of FAMILY as lessee hereunder. (c) Any and all costs and expenses incurred by the mortgagee as the result of FAMILY'S tenancy hereunder shall be paid by FAMILY to the mortgagee prior to completion of any such transfer, sale, assignment, or other disposition thereof. 7. Taxes and Assessments. In addition to the rents above provided, FAMILY shall pay, when and as the same become due and 3. BK 13848PG 41 1 payable, but no later than fifteen (15) days prior to the delin- quency date thereof, all taxes and general and special assess- ments of every description which during the term of this Lease may be levied upon or assessed against said leased land and all interest therein and improvements and other property thereon, whether belonging to CITY or FAMILY, and FAMILY agrees to protect and hold harmless the CITY and said leased land and all interests therein and improvements thereon from any and all such taxes and assessments, including any interest, penalties and other expenses which may be imposed by reason of late payment or delinquency, and from any lien therefor or sale or other proceedings to enforce payment thereof. FAMILY recognizes and understands that this Lease may create a possessory interest subject to property taxation and that FAMILY may be subject to the payment of property taxes levied on such interest. 8. Use of Leased Land. FAMILY shall use the leased land solely for private residential purposes, and FAMILY shall not construct or maintain thereon or permit to be constructed or maintained thereon more than one single-family dwelling as hereinafter provided, nor remove therefrom the improvements thereon. FAMILY shall not use or permit any person to use the leased land, or any portion thereof, so as to disturb the neigh- borhood or occupants of adjoining property, or to constitute a nuisance, or to violate any public law, ordinance or regulation from time to time applicable thereto. No breach of the provisions of this paragraph 8 shall constitute a breach of this Lease. 9. Maintenance of Leased Land. CITY shall not be obli- gated to make any repairs, alterations, additions or improve- ments in or to or upon or adjoining the leased land or any structure thereon. FAMILY shall, at all times during the term of this Lease, and at its sole cost and expense, keep and 4. eK 13848PO 412 maintain all buildings, structures and other improvements on said leased land in good order and repair, and the whole of leased land and said premises free of weeds and rubbish and in a clean, sanitary and neat condition. FAMILY shall construct, maintain and repair all facilities and other improvements which may be required at any time by law upon or adjoining or in connection.with or for the use of said leased land or any part thereof. FAMILY agrees to indemnify and save harmless the CITY, it's officers, agents and employees, against all actions, claims and damages by reason of FAMILY'S failure to keep and maintain said premises and any buildings and improvements thereon as hereinabove provided, or by reason of its nonobserv- ance or nonperformance of any law,,ordinance and regulation applicable thereto. 10. Liabilities. CITY shall not be liable for any loss, damage or injury of any kind whatsoever to the person or property of FAMILY, or any of FAMILY'S employees, guests or invitees or of any other person whomsoever, caused by any use of said leased land, or by any defect in any building, struc- ture or other improvement constructed thereon, or arising from any accident on said leased land or any fire or other casualty thereon, or occasioned by the failure on the part of FAMILY to maintain said leased land in safe condition, or by any nuisance made or suffered on said leased land, or by any act or omission of FAMILY, or of any member of FAMILY'S family, or of FAMILY'S employees, guests or invitees, or arising from any other cause whatsoever. FAMILY hereby waives on its behalf all claims and demands against CITY, its officers, agents and employees, for any such loss, damage or injury of FAMILY, and 'hereby agrees to indemnify and save CITY, its officers, agents and employees, free and harmless from liability for any such loss, damage or injury of other persons, and from all costs, expenses and other charges arising therefrom and in connection therewith. 11. Lessor Paying Claims. Should FAMILY fail or refuse to pay any tax, assessment or other charge upon said leased S. BK 13848PO 413 land when due and payable as provided herein, or any lien or claim arising out of the construction, repair, restoration, maintenance or use of said leased land or the buildings and improvements thereon, or any other claim, charge or demand which FAMILY has agreed to pay under the covenants of this Lease, and if after thirty (30) days written notice from CITY to FAMILY and to its authorized encumbrancer, if any, FAMILY or its said encumbrancer should fail or refuse to pay and discharge the same, then CITY may, at its option, pay any such tax, assess- ment, lien, claim, charge or demand, or settle or discharge any action therefor or judgment thereon, and all costs, expenses and other sums incurred or paid by CITY in connection therewith shall be repaid to CITY by FAMILY upon written demand, together with interest thereon at the rate of seven per cent (7%) per annum from the date of payment until repaid, and any default in such repayment shall constitute a breach of the covenants and conditions of this Lease. 12. Foreclosure. In the event of foreclosure on the FHA insured mortgage, or other proceedings in lieu thereof, the Secretary of the Department of Housing and Urban Development ("HUD"), or his/her successors in office, shall have the option to purchase good and marketable fee title to said leased land at the appraised value set out in hereinabove paragraph 2. If such option is not exercised, HUD°S successors and assigns may assume all riaht, title and interest in and to this Lease and said leased land. 13. Place of Payments and Notices. All rents and other sums payable by FAMILY to CITY hereunder shall be paid to CITY at its business office c/o Community Development Coordinator, 20 Civic Center Plaza, Santa Ana, California 92701. Whenever either party hereto desires to give written notice to the other 10 BK 13848PO 414 respecting this Lease, such notice, if not personally delivered to an officer of CITY, or to FAMILY, shall be sent by certified or registered mail, with postage prepaid, and directed to either party at the address hereinabove specified, or at such other address as either party may hereafter designate in writing. The service of any such written notice shall be deemed complete at the time of such personal delivery or within five (5) days after the mailing thereof as hereinabove provided. Should FAMILY consist of more than one (1) person, the personal delivery or mailing of such notice to any one of such persons shall constitute complete service upon all such persons. 14. Remedies. Any termination of this Lease as herein provided shall not relieve FAMILY from the payment of any sum or sums that shall then be due and payable to CITY hereunder or any claim for damages then or theretofore accruing against FAMILY hereunder, and any such termination shall not prevent CITY from enforcing the payment of any such sum or sums or claim for damages by any remedy provided by law, or from recovering damages from FAMILY for any default hereunder. All rights, options and remedies of CITY contained in this Lease shall be construed and held to be cumulative and not exclusive, and CITY shall have the right to pursue any one or all of such remedies, or any other remedy which may be provided by law, whether or not stated in this Lease. No waiver by CITY of any breach of any of the covenants or conditions of this Lease by FAMILY shall constitute a waiver of any succeeding or preceding breach of the same or any other covenant or condition herein contained. The receipt by CITY of any rental payment with knowledge of the breach of any covenant or condition of this Lease shall not be deemed a waiver of such breach, and no waiver by CITY of any covenant, condition or provision of this Lease shall be deemed to have been made unless expressed in writing and signed by CITY. 7. Bx 13848P6 415 15. Representations. FAMILY covenants and agrees that it has examined said leased land and that the same is delivered to it in good order and condition and that no representations as to said leased land have been made by CITY or by any person or agent acting for CITY, and it is agreed that this document contains the entire agreement between the parties hereto and that there are no verbal agreements, representations, warranties or other understandings affecting the same. 16. holding Over. This lease shall terminate and become null and void without further notice upon the expiration of the term herein specified, and any holding over by FAMILY after the expiration of said term shall not constitute a renewal hereof or give FAMILY any rights hereunder or in or to the leased land, it being understood and agreed that this Lease cannot be renewed, extended or in any manner modified except in writing signed by all parties hereto. 17.. Eminent Domain. If all or any part of said leased land shall be taken by condemnation that portion of any award attributable to the improvements or damages to the improvements shall be paid to the mortgagee or otherwise disposed of as may be provided in the insured mortgage. Any portion of the award attributable solely to the taking of said leased land shall be paid to CITY. After the date of taking the annual ground rent shall be reduced ratably by the proportion which the award paid to CITY bears to the total value of the land as set out in hereinabove paragraph 2. 18. Construction and Effect. Time is of the essence of this Lease. The article headings herein are used only for the purpose of convenience and shall not be deemed to limit the subject of the articles hereof or to be considered in the construction thereof. Each and all of the obligations, covenants, conditions and restrictions of this Lease shall be deemed as 8. 8K 13848PO 416 running with the land and shall inure to the benefit of and be binding upon and enforceable against, as the case may require, the successors and assigns of CITY, and subject to the restric- tions of paragraph 12 hereof, the heirs, executors, legal representatives, encumbrancers, assignees, successors and subtenants of FAMILY. If FAMILY consists of more than one person, the covenants and obligations of FAMILY hereunder shall be the joint and several covenants and obligations of such persons. In this Lease, the neuter gender includes the feminine and masculine, and the singular number includes the plural, whenever the context so requires. 19. Severability. The invalidity in whole or in part of any provision of this Lease shall not void or affect the validity of any other provision of this Lease. 20. Protection of Mortgagee. During the existence of any mortgage of the improvements attached by FAMILY to said leased land, CITY will not terminate this Lease because of any default by FAMILY hereunder or other cause whatsoever if, within a period of one hundred twenty (120) days after CITY has mailed written notice of intention to terminate this Lease for such cause to the mortgagee at its last known address and also, if such mortgage is insured by the Department of Housing and Urban Development, to such department, the mortgagee or such department shall either cure such default or other cause or, if the same cannot be cured by the payment of money, shall undertake in writing to perform all the covenants of this Lease capable of performance by it until such time as this Lease shall be sold upon foreclosure pursuant to such mortgage, and in case of such undertaking CITY will not terminate this Lease within such further time as may be required by the mortgagee to complete foreclosure of such mortgage or other remedy there- under provided (a) that such remedy is pursued promptly and 9.