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HomeMy WebLinkAboutMORALES, FELIPE AND DE JESUS, MARIABK 1 3848PO 343 RECORDING REQUEST BY: 1, 340 1 1 RLQuFSTED BY gaLCojiUING AMEMAN TITLE INS. G& City of Santa Ana FIRST 20 Civic Center Plaza Santa Ana, CA 92701 E$l�°- Cis C E N CWFWML RECORDS OF ORANGE COUNTY, CALIFORN�h WHEN RECORDED, RETURN TO: - 4 !.r2 R M NOV 2 4'80 City of Santa Ana Clerk of the Council LEE A. BRANCH, County Recorder 20 Civic Center Plaza Santa Ana, CA 92701 RESIDENTIAL LOT LEASE THIS LEASE, made and entered into this -4th day of August 19 8Q by and between the City of Santa Ana, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PEI,IPE arid MARIA DE JESUS MORALES hereinafter referred to as "FAMILY," W I T N E S S E T 11 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: Ali that certain land situated in the State of California, County of Orang(-', City of Santa Ana, described as follows: Lo t 2, Blocl, 3, Tract 517, as recorded in boo], 17, page 41, Records of said County. Excepting therefrom the rear 5 feet for alley purposes and laying, constructing, erecting and maintaining it along or upon said strips', of gas mains, water mains', electric light and Lelephone hole line , and all necessary public utilities>, as recorded in book. 505, page 53 of Deeds. Subject to: (a) Current taxes and assessments. (b) Covenants, conditions, restrictions, reservations, rights, rights -of -way, and easements of record. gK I3848PO 344 2. Value of Leased Land. CITY and FAMILY agree that the value of said leased land is Twenty.-r ve Thousand Dollars & No Cents ($25,000.00 �) as of April is, 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" 124 CFR 570.3(o), or otherwise, as applicable}. 2. BK 13848PO 345 6. Change in Title, Assiqnment 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 event 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 346 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 tc, or upon or adjoining the leased land or any structure thereon. FAMILY shall, at all tines during the term of this Lease, and at its sole cost and expense, keep and 4. maintain all buildings, structures and other imp s ��`�4�n Pc 347 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 nonobservance 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. 5. Bx 13848PG 348 11. Lessor Payinq Claims. Should FAMILY fail or refuse to pay any tax, assessment or other charge upon said leased 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, expense's 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 FTIA 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 right, 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 6. etc I3848PO 349 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 re- covering 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. BK ' 3848PG 350 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 con- struction thereof. Each and all of the obligations, covenants, conditions and restrictions of this Lease shall be deemed as 8. BK 13$4$PG 35 i 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 repre- sentatives, encumbrancsrs, 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 depart- ment 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 thereunder provided (a) that such remedy is pursued promptly and completed with due 9. TMHNF;Xjnfflffl�� completed with due diligence, and (b) that CITY is paid all rent and other charges accruing hereunder as the same become clue, and upon foreclosure sale of this Lease the time for performance of any obligation of FAMILY than in default hereunder other than payment of money shall be extended by the time reasonable necessary to complete such performance with due diligence. Ownership by or for the same person of both the fee and leasehold estates in said leased land shall not effect the merger thereof without the prior written consent of any mortgagee to such merger, 21. Amendments 1,1equired by HUD. FAMILY and CITY agree to execute such and so many amendments hereto as may be reasonably required from time to time by the Department of Housing and Urban Development. CITY OF SANTA ANA, a municipal corporation of the State of California BK I 3848PG 353 STATE OF CALIFORNIA Ss. COUNTY OF ORANGE On this r.42 7,, daof -v- y f�L— e-e— in the year 1980 before me the undersigned, personally appeared JAMES E. WARD, known to me to be the Mayor of the City of Santa Ana, Edwaycl J., Cooper, known to me to be the City Attorney for the City Of Santa Ana, and JANICE C. GUY, known to me to be the Clerk of the Council for the City of Santa Ana, and known to me to be the person who executed the within instrument on behalf of said municipal corporation and acknowledged to me that the City of Santa Ana executed the same. OFT, TC1 A L ST�,A L (SEAL) MARY F MARENCO nh NOTARY PUBLIC CALIPOPNIA my ccam STATE OF CALIFORNIA 55. COUNTY OF--,:':� "'ethe, undersignsc, a Notary Public in and for E me 0 ,,,-personally known to 's,ol Stale, personally appealed— Aftm u)s —11e1 a ,1wilness Ihor0o, who being by me duly to be the person whose name is subscribed to the t i:-- sworn, deposed and said: That he —H.s in U1 that he was present and E personally known to him to be the, same person-$ described in and who exe-led the said within instrument, F I TAT, SEAL z . . .. ... s MAO RY F MARENC NOIAPkY PUBLIC - CALIFORNIA ORANGE COUNTY cr d My comm. expims A1 MY 14, 982 acknowledged in the, presence of said affl,"cil lhaf- 11,e �,_, 0 el—C,�J'd and that he, the said afflant, thereupon at E -Inscribed his name as a witness thereto. o WITNESS r,,y hand and officiM real. 12 5� _A/eld': far afririfl uot�—1 well (Typed Printed) (This a,aa Yot Al'I 7Z/ -�-S