HomeMy WebLinkAboutFLORES, PHILLIP AND AVALONEJC:ms
4/19/79
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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
PHILLIP A. FLORES AND AVALON M. FLORES
THIS AGREEMENT, made and entered into this �-
t
day of 19zz, by and between the
City of Santa Ana, a municipal corporation of the State of
California, hereinafter referred to as "CITY" and Phillip A.
Flores and Avalon M. Flores, husband and wife, hereinafter
referred to as "PARTICIPANTS,"
RECITALS:
W I T N E S S E T H
1. PARTICIPANTS reside in and own a dwelling
in an area within the City of Santa Ana popularly known as
the "Logan Community," which dwelling has been identified as
substandard in physical condition.
2. CITY is desirous of improving the housing
stock in the Logan Community by replacing certain substandard
residential units with rehabilitated residential units.
3. PARTICIPANTS desire to enter an agreement
with CITY to demolish PARTICIPANTS' substandard dwelling
and cause a dwelling to be moved onto PARTICIPANTS' property
and rehabilitated.
WHEREFORE, in consideration of the respective and
mutual covenants and promises hereinafter contained and
made, and subject to all the terms and conditions hereof,
the parties hereto do hereby agree as follows:
A. CONVEYANCE
PARTICIPANTS agree to convey and CITY agrees to
accept from PARTICIPANTS, on the terms and conditions herein
stated, all of the physical structures, including, but not
limited to, the residential structure, garage, and all outbuildings,
located on that certain real property in the City of Santa
Ana, County of Orange, commonly described as 1312 North
Logan Street, and more particularly described in "Exhibit A"
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attached hereto and by this reference made a part hereof,
hereinafter referred to as "said real property." PARTICIPANTS
agree to provide egress and ingress rights upon said real
property to CITY, its officers, employees, and agents for
the purpose of effectuating the terms and conditions of this
agreement.
B. EXISTING DEBTS
CITY shall deposit into escrow an amount necessary
to pay and discharge these certain debts owed by PARTICIPANTS,
in the approximate total amount of Three Thousand Two Hundred
Eighty Five Dollars ($3,285.00), consisting of approximately
$2,772.00 owed to Postal Finance, Account No. 075-024-627384
and approximately $513.00 owed to AVCO Finance, Account No.
1005376. The escrow officer shall be instructed to forthwith
pay and discharge said debts upon receipt of funds from
CITY. The amount necessary to pay and discharge said debts
shall remain the obligation of PARTICIPANTS to be repaid
pursuant to the provisions of Section F hereinbelow.
C. DEMOLITION
CITY shall cause the demolition and removal of all
structures on said real property upon PARTICIPANTS' vacating
said real property, for the purpose of affixing a rehabilitated
dwelling thereon. All costs of demolition and removal shall
be at the sole expense of CITY and shall not be charged to
PARTICIPANTS.
D. TEMPORARY RELOCATION
PARTICIPANTS shall accept temporary rent free
housing at a mutually acceptable location within the City of
Santa Ana. CITY shall pay all costs of moving to and removal
from said temporary housing, but PARTICIPANTS shall reimburse
CITY for the cost of utilities consumed thereof by PARTICIPANTS.
Further, PARTICIPANTS agree to remove from said temporary
housing within thirty (30) days after a Certification of
Completion has been issued for the rehabilitated dwelling on
said real property.
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E. REHABILITATED STRUCTURE
CITY shall enter into an agreement with Mead
Housing Assistance Foundation (hereinafter referred to as
"Mead"), which said agreement is attached hereto as "Exhibit B"
and incorporated herein by reference, on behalf of PARTICIPANTS,
to move the dwelling presently located at 1431 Martha Lane,
Santa Ana, and to affix and rehabilitate said dwelling to
said real property. PARTICIPANTS agree to be bound by all
applicable terms and conditions contained in "Exhibit B."
F. FINANCING
PARTICIPANTS agree to apply to the Housing Authority
of the City of Santa Ana for a home improvement loan in the
approximate amount of Thirty-three Thousand Dollars ($33,000.00)
to be evidenced by a promissory note and deed of trust to be
executed by PARTICIPANTS in the form shown in "Exhibit D"
attached hereto. The proceeds of said loan, to the extent
necessary, shall be used to pay MEAD for moving and rehabilitating
said dwelling pursuant to "Exhibit B" and to defray, in
part, PARTICIPANTS' further obligations pursuant to this
agreement.
PARTICIPANTS agree to execute also a promissory
note and deed of trust in the form specified in "Exhibit C"
attached hereto to secure the difference between the loan
secured in the foregoing paragraph and the cost to CITY of
discharging the debts stated in paragraph B hereinabove and
any and all other costs to CITY of effectuating this agreement
not expressly herein assumed by CITY. Said note and deed of
trust shall be subordinate to the promissory note and deed
of trust referred to in the preceding paragraph, and shall
comply with California Civil Code §§ 2953.1 et seq.
G. ESCROW
CITY shall open an escrow with an escrow agent
mutually satisfactory to CITY and PARTICIPANTS as soon as
possible after the effective date of this agreement. This
agreement constitutes joint escrow instructions of the CITY
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and PARTICIPANTS. CITY and PARTICIPANTS shall provide such
additional escrow instructions as shall be necessary and
consistent with this agreement.
CITY shall deposit all escrow fees, charges and
costs within ten (10) days of close of escrow. Such escrow
fees, charges and costs shall be charged to PARTICIPANT as
part of the debt evidenced by the promissory note and trust
deed in favor of CITY as provided in Section F hereinabove.
H. TITLE INSURANCE
PARTICIPANTS shall procure a California Land Title
Association standard coverage policy of title insurance in
an amount necessary to insure the interest of the Housing
Authority of the City of Santa Ana for the note and deed of
trust in the form shown in "Exhibit D" and the interest of
the City of Santa Ana for the note and deed of trust in the
form shown in "Exhibit C," showing title in the name of
PARTICIPANTS. The cost of said policy of title insurance
shall be a debt of PARTICIPANT and shall be paid in accordance
with paragraph's F and 6 hereinabove.
I. TIME IS OF THE ESSENCE
Time is of the essence of this agreement.
J. INCORPORATION
This agreement contains all of the agreements of
the parties hereto with respect to the matters contained
herein, and no prior agreement or understanding pertaining
to any such matter shall be effective for any purpose. No
provision of this agreement may be amended or added to
except by agreement in writing signed by the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have executed
this contract on the date and year first above written.
RHILLIP,,,,A. FLORES
AVA LON M. FLORES
"PARTICIPANT"
ATTESTS CITY OF SANTA ANA, a municipal
corporation of the State of
(�*,California
APPROVED AS TO FORM:
"CITY"
CITY ATTORNEY