HomeMy WebLinkAboutHEARTHSTONE, INC.A1AY0 R
R. W. l.uxeml:)0urger
VICE MAYOR
Daniel E. Griset
COUNCILMEMBERS
JoE4n Acosta
Gordon Bricken
P. Lee johnson
Patricia A. McGuigan
Dan Young
October 24, 1983
CITY OF SAN TA ANA.
ALL-AMERICA CITY 1982-83
CITY MANAGER
A.). Wilson
CITY ATTORNEY
Edward J. Cooper
CLERK OF THE COUNCIL
Janice C. Guy
Hearthstone Investment Co.
2231 East Santa Clara
Santa Ana, CA 92705
RE: TENANT RELOCATION AGREEMENT
Enclosed for your records is a signed copy of your agreement with
the City of Santa Ana, approved by the City Council at its
meeting on October 10, 1983, and executed accordingly.
CLERK OF 'SHE' COUNCIL
Nuncy 4erk
On DAsst. of the Council
- lg _
Enclosure
20 CIVIC CENTER PLAZA 0 P.O. BOX 1988 SANTA ANA. CALIFORNIA 92702 I'ELEPHONT (714) 83.3-4�+1.16
TENANT RELOCATION ASSISTANCE AGREEMENT
1. Parties.
This Tenant Relocation Assistance Agreement (the
"Agreement") dated for identification purposes January 25,
1983, is entered into by and between the City of Santa Ana,
a municipal corporation of the State of California ("City")
and Hearthstone Investment Co., a California limited partner-
ship ("Hearthstone").
2. Recitals.
2.1 The Project. Hearthstone owns Hearthstone
Apartments, a one hundred twenty two (122) unit apartment
project (the "Project") located at 2231 East Santa Clara
Avenue, Santa Ana, California, more particularly described
as set forth on Exhibit "A" attached hereto and incorporated
herein by this reference.
2.2 Conversion. Hearthstone intends to convert
the Project from an apartment complex to a single phase resi-
dential condominium development.
2.3 The Map. City has approved Tentative Tract
Map No. 10948 (the "Map") in connection with the proposed
conversion of the Project into condominiums.
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2.4 Relocation Assistance.
As a condition of
approval of the Map, City requires that Hearthstone enter
into this Agreement to ensure that Hearthstone shall provide
certain relocation assistance for the benefit of the tenants
in the Project.
2.5 Satisfaction of Conditions. City and Hearth-
stone desire to execute this Agreement in full satisfaction
of all of the requirements of the Santa Ana Municipal Code
and the conditions of approval of the Map with respect to
providing the tenant relocation assistance set forth here-
inbelow.
3. Moving Expense Reimbursement.
City and Hearthstone acknowledge and agree that
only those persons whose names are set forth on Exhibit "$"
attached hereto and incorporated herein by this reference
are currently residents of units in the Project and are
"tenants" as defined by Section 34-348 of the Santa Ana
Municipal Code ("Tenants"). Any Tenant who electq nnf- t--
purchase pursuant to the "exclusive right to purchase" set
forth in Section 66427.1(d) of the California Government
Code, who is displaced from the Project by reason of the
conversion of the Project to condominiums, and who continues
to reside in a unit in the Project until receipt of the "One
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Hundred and Eighty (180) Day Notice of Intention to Convert"
(the "Notice of Intention to Convert") required by Sec-
tion 66427.1(c) of the California Government Code shall be
entitled to receive from Hearthstone an allowance for the
moving expenses incurred by such Tenant as a result of the
conversion of the Project to condominiums in the amount of
One Thousand Dollars ($1,000.00) (the "Moving Expense Reim-
bursement"). In the event more than one Tenant occupies one
unit in the Project and such Tenants are displaced by reason
of the conversion of the Project to condominiums and continue
to reside in the Project until receipt of the Sec-
tion 66427.1(c) notice, then the Moving Expense Reimbursement
shall be divided among them.
4. Tenant Longevity Bonus.
Each Tenant who resided in a unit in the Project
at the time the final subdivision map is approved by City
and who continues to reside in the unit until such time
as the Notice of Intent to Convert is given, shall be en-
titled to receive from Hearthstone a bonus in an amount equal
to Five Hundred Dollars ($500.00) times the number of years
any such Tenant has resided in a unit in the Project (the
"Tenant Longevity Bonus"). The calculation of the Tenant
Longevity Bonus shall be prorated to take into account a
fractional portion of any year of residency. For example, a
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Tenant who has resided in the Project for five years and
seven months will be entitled to receive $2,791.69 (five
times $500 equals $2500 plus seven times $41.67 equals
($291.69). The time of residency of a Tenant for the pur-
poses of calculating the Tenant Longevity Bonus shall com-
mence as of the date of the initial occupancy of such Tenant
of a unit in the Project and shall continue during the con-
tinuous residency in the Project of such Tenant through the
date when such Tenant vacates the Project pursuant to the
Section. 66427.1(c) notice referred to in Paragraph 3, or
purchases the unit in accordance with Paragraph 7. In the
case where more than one person resided together in the unit
in the Project and such persons otherwise qualify, the Tenant
Longevity Bonus will be divided equally among them or as
they may agree. The Tenant Longevity Bonus shall be paid to
the Tenant at the time the unit is sold following the Initia-
tion of Marketing (defined in Article 5) .
5. Elderly Rental Program.
City and Hearthstone acknowledge and agree that
each Tenant who is sixty-six (66) years of age and older
("Elderly Tenants") at the time of the issuance of the sub-
division report by the Department of Real Estate pursuant to
Section 11018.2 of the Business and Professions Code (the
"Initiation of Marketing") shall qualify as elderly for the
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012683 4.
application of the "Elderly Rental Program." Hearthstone
agrees that following recordation of the final subdivision
map approved by City (the "Conversion Date") twenty percent
(20%) of the condominium units shall be reserved and made
available for rental to Elderly Tenants for a period of three
years following such Conversion Date. Hearthstone shall
give written notice to all Tenants at least one year prior
to the Conversion Date of Hearthstone's intention to convert
and from and after such notice Hearthstone will accept reser-
vations from Elderly Tenants for the Elderly Rental Program.
From and after such notice, Elderly Tenants shall be entitled
to reserve the right to rent the Elderly Rental Housing
units. If the number of Elderly Tenants who apply for rental
housing units exceeds the total number of the condominium
units in the Project subject to the Elderly Rental Program,
then the acceptance of the applications will be in an order
of priority based upon, the applicants' longevity as Tenants
in the Project computed from the initiation of occupancy
through the Conversion Date.
6. Tenant Assistance Coordinator.
Hearthstone shall employ and provide a "Tenant
Relocation Coordinator" who will maintain a directory of
available rental units in the area and who will assist
Tenants in locating new residences. The directory shall
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