HomeMy WebLinkAboutLUCIO, MICHAEL G. AND TINA M.DMF: adq
6/18/80
ORIGINAL
AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND MICHAEL G. LUCIO AND TINA M. LUCIO
THIS AGREEMENT, made and entered into this
day of �L)Ikl 19?6, by and between the City of
Santa Ana, a municipal corporation of the State of
California, hereinafter referred to as "CITY" and Michael. G.
Lucio and Tina M. Lucio, husband and wife, hereinafter
referred to as "PARTICIPANTS,"
W-I-T-N-E--S-S-E--T-H
RECITALS:
1. PARTICIPANTS reside in and own a dwelling in
the City of Santa Ana, which dwelling has been identified as
substandard in physical condition.
2. CITY is desirous of improving the housing
stock in the City of Santa Ana by replacing substandard
dwellings with rehabilitated dwellings.
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 any out-
buildings, located on that certain real property in the City
of Santa Ana, County of orange, commonly described as 1917
S. Rousselle Street, Santa Ana, and more particularly
described in "Exhibit A16 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. 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.
C. 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 1320
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."
D. 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 Forty Two Thousand Dollars
($42,000.00) to be evidenced by a promissory note and deed
of trust to be executed by PARTICIPANTS in a form acceptable
to CITY. 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 a promissory note
and deed of trust in a form acceptable to CITY to secure
2.
the difference between the loan secured in the foregoing
paragraph and any cost to CITY in 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.
Ea; 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 the joint escrow instructions of 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 PARTICIPANTS as
part of the debt evidenced by the promissory note and trust
deed in favor of CITY as provided hereinabove.
F. 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 a form acceptable to CITY, dnd the interest of the
City of Santa Ana for the note and deed of trust as provided
hereinabove, showing title in the name of PARTICIPANTS. The
cost of said policy of title insurance shall be a debt of
PARTICIPANTS and shall be paid in accordance with paragraph
C. hereinabove.
G. GENDER
As used herein, the masculine shall include the
feminine and neuter, and the singular shall include the
3.
plural .
H. TIME IS OF THE ESSENCE
Time is of the essence of this agreement.
This agreement contains all of the agreements of
the parties hereto with h 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.
IN WITNESS WHEREOF, the parties hereto have
executed this contract on the date and year first above
written.
CITY OF SANTA ANA, a municipal
corporation of the State of
California
ATTEST:
MAYOR
ERK OF 'PHE COU 'IL 4 "CITY" (77,
APPROVED AS TO FORM:
EDWARD 17.C@OPER,_)
CITY ATTORNEY
�ICHAEL-G. LUCID
TINA M. LUCIO
"PARTICIPANTS"
if
EXHIBIT "A"
LEGAL DESCRIPTION
Lot "5" in Block No. 1 of 'Tract No.560 as shown on a
Map recorded in Book 19, Page l and 2 of Miscellaneous
Maps of Santa Ana, Records of Orange County, California.
E3C:ar
8/28/79
AGREEMENT FOR HOUSING REPLACEMENT
AND REHABILITATION OF
RESIDENCE IN THE CITY OF SANTA ANA
THIS AGREEMENT, made and entered into this
day of , 19_, by and between the City of Santa
Ana, a municipal corporation of the State of California
("CITY"),'and Mead Housing Assistance Foundation, Incor-
porated {"MEAD"), a nonprofit California corporation,
W I T N E S S E T H
Recitals:
A. CITY, as part of its community development
program, desires to upgrade the housing stock in the City of
Santa Ana.
B. In furtherance of said goal, CITY desires to
have a substandard residence within the City of Santa Ana
demolished and a dwelling moved onto said real property and
rehabilitated by MEAD.
C. MEAD has the experience, resources and finan-
cial ability necessary to perform the work required to in
full and complete satisfaction of CITY.
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 agree as follows:
1. MEAD agrees to move the dwelling located at
1320 Martha Lane, Santa Ana, California, hereinafter re-
ferred to as "said dwelling", to 1917 S. Rousselle St., Santa
Ana, California, hereinafter referred to as "said real
property" in accordance with the terms and conditions of
this agreement and that certain agreement between CITY and
Michael G. Lucio.and Tina M. Lucio, a copy
of which is set out in "Exhibit A," attached hereto and by
this reference incorporated herein. MEAD agrees to pay
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any and all costs of purchase of said dwelling including,
but not by way of limitation, closing costs, escrow fees,
title insurance fees, taxes, recording fees, costs of
repairs and rehabilitation, sales and other management
expenses, and utility charges.
2. MEAD agrees to rehabilitate said dwelling and
effect its permanent attachment to said real property, mak-
ing said dwelling appurtenant thereto. As used herein, the
term 'to rehabilitate' shall be construed to include all
work necessary to eliminate existing or potential mechanical,
roof, sanitary, surface or structural deficiencies, termite
infestation and any and all other deficiencies, to assure
that all operating systems (electrical, plumbing and heat-
ing) and equipment are in good working condition, and to
accomplish such restoration, painting, decorating, floor
refinishing, carpeting and interior and exterior cleanup as
may be reasonably necessary. MEAD shall warrant such re-
habilitation for a period of one (1) year against defects.
CITY and MEAD shall agree on the rehabilitation work to be
performed on said dwelling and estimated costs thereof, in
writing, -prior to commencement of any rehabilitation work on
said dwelling.
3. MEAD shall provide CITY with two sets of
architectural exhibits which shall include a plot plan and
all proposed on -site improvements. MEAD shall also provide
a written description of any features or alterations Which
cannot be shown on the drawings.
;. All of the on site improvements effected by
!MEAD, e.g., footings, foundations, walks, and driveways,
Faust comply with or exceed all applicable minimum standards.
Said dwelling including repairs, alterations and additions
thereto, shall comply with or exceed all applicable stand-
ards. READ agrees to correct special conditions, such as
but not limited to unforeseen rock formations, unstable
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soil, high ground water level, springs, etc., which condi-
tions necessitate precautionary measures.
5. mEAD agrees that its rehabilitation of said
dwelling shall be accomplished as quickly as practicable,
but in any event not later than sixty (60) days after said
duelling has been moved onto said real property or within
such additional time as may be approved in writing by CITY.
6. MEAD agrees to provide CITY with a written
itemized list of costs of rehabilitation work on said dwell-
ing said itemized costs to include the cost of the residen-
tial cleanup, lot preparation, house moving, foundation,
utility hookups, general rehabilitation, roofing, termite
control, carpeting, closing costs, overhead and warranty
allowance of and property improvements such as driveways,
walkups, patios and fencing.
7. CITY shall pay to MEAD for the performance of
this agreement a sum representing the total of all items
enumerated in paragraph 6 hereinabove, but in any event,
such total sum payable shall not exceed Forty Thousand
Dollars ($40,000.00). Said payment shall
be made within thirty five (35) calendar days after issuance
of a Certificate of, Satisfaction, as described in paragraph
8 hereinbelow, or upon close of escrow, whichever is sooner.
Said sum shall be paid out of an escrow fund as described in
Exhibit A.
8. At the conclusion of its rehabilitation work
on said dwelling, !MEAD shall notify CITY in writing that
said work has been accomplished and that the subject prop-
erty is available for inspection by CITY. CITY
shall make its inspection within seven (7) days after re-
ceipt of such notice.
At the conclusion of said inspection, CITY,
through the Executive Director of CITY'S Community Rede-
velopment Agency shall:
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(a) Certify in writing to MEAD by issuing a
Certificate of Satisfaction of Contract that
all of the rehabilitation work required hereunder
for said dwelling has been accomplished to
his satisfaction in accordance with the terms and
conditions of this agreement; or
(b) Specify in reasonable detail further
work necessary to be performed in order for him
to issue the Certificate of Satisfaction of
Contract. In the event that further work
is necessary, MEAD may be given a reasonable
time within which to perform such work
pursuant to paragraph 18 hereinbelow.
Failure by MEAD to obtain the Certificate of
Satisfaction of Contract within the time
specified in paragraph 5 above may, at
CITY'S option, upon written notice to MEAD,
be deemed a breach of this agreement by MEAD.
9. MEAD shall, at its sole expense, obtain all
necessary permits, licenses and official certificates re-
quired for the performance or completion of the work
specified hereunder.
10. All work performed by and on behalf of MEAD
within CITY'S boundaries shall be in compliance with CITY'S
Building Codes, ordinances and licensing requirements.
Prior to performing any obligation required by this agree-
ment, MEAD shall deposit with CITY'S Director of Building
Safety and Housing a bond executed by MEAD, as principal,
and by a corporate surety company authorized to do
business in this state, as surety, to secure MEAD`S Coven-
ants hereunder, which shall be in the form as attached
hereto and labelled 'Exhibit b,' in an amount equal to the
cost of foundation, utility connections, street and walk
improvements to CITY'S standards and other requirements,
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plus twenty-five percent (25%) of the work required to be
done in order to complete all rehabilitation work on said
dwelling. In lieu of such surety bond, MEAD may deposit a
bond executed by MEAD, as principal, secured by a deposit
with City°s Director of Finance of cash or a cashier's check
in the amount named above, and conditioned as required in
the case of a surety bond. Said bond as so secured is
hereinafter called a 'cash bond" for the purpose of this
section.
Whenever CITY'S Director of Building Safety and
Housing shall find that a default has occurred in the per-
formance of any covenant, term or condition of this agree-
ment written notice thereof shall be given to MEAD, and to
the surety on the bond. Said notice shall specify the work
to be done, the estimated cost thereof, and the period of
time deemed by the Director of Building Safety and Housing
to be reasonably necessary for the completion of such work.
If a cash bond has been posted, notice of default
as provided above shall be given to MEAD, and if compliance
is not obtained within the time specified, the Director of
Building Safety and Housing shall proceed, without delay and
without further notice, to use the cash deposit or any por-
tion of such deposit to cause the required work to be done,
by contract or otherwise, in his discretion. The balance,
if any, shall, upon completion of the work, be returned to
the depositor or to his successors or assigns, after deduct-
ing the cost of the work plus twenty-five percent (25%)
thereof.
The term of said bond shall begin upon the date of
the deposit thereof, and shall and upon the issuance of the
Certificate of Satisfaction of Contract as described in
paragraph 8 hereinabove. A copy shall be sent to any surety
or principal upon request. When a cash bond has been
posted, the cash shall be returned to the depositor or to
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his successors or assigns upon the termination of the bond
except any portion thereof that may have been used or de-
ducted as provided elsewhere in this agreement.
The Director of Building Safety and Housing, the
surety, and the duly authorized representative of either,
shall have access to such dwelling for the purpose of in-
specting the progress of the work. In the event of any
default in the performance of any term or condition of the
bond, the surety, or any person employed or engaged in its
behalf, or the Director of Building Safety and Housing or
any person employed or engaged in his behalf, shall have the
right to go upon the premises to complete the required work
or to remove or demolish the building or structure.
11. MEAD, as Contractor with CITY, shall comply
and shall require all contractors and subcontractors em-
ployed pursuant to this agreement to comply with all applic-
able federal, state -and local laws and regulations, includ-
ing but not limited to, the provisions of Executive Order
No. 11246, relating to nondiscrimination, asset out in
`Exhibit C,' attached hereto and by this reference incor-
porated herein.
12. NEAD agrees to convey title to said dwelling
to Michael G. Lucio and Tina M. Lucio
sistent with the terms of this agreement and those set out
in 'Exhibit A.' Title shall be fee simple merchantable,
free and clear of all recorded and unrecorded liens, en-
cumbrances, covenants, restrictions, assessments, leases and
taxes except as are set forth or referred to elsewhere in
this agreement and except easements, if any, which are de-
scribed in the legal description. Said transfer of title
shall be evidenced by a Bill of Sale from MEAD to
M,�chael G. Lucio and Tina M. Lucio.
13. NEAD shall obtain, at its sole cost and file
with the Clerk of the Council, prior to exercising any right
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or performing any obligation pursuant to this agreement, and
maintain for the period covered by this agreement, a policy
or policies of liability insurance, or certificate thereof,
satisfactory to the City Attorney of CITY, naming CITY, the
Community Redevelopment Agency of the City of Santa Ana,
their officers, agents and employees, as insureds or
additional insureds, which provides coverage not less than
that provided in the form of a comprehensive general liabil-
ity insurance policy against liability for any and all
claims and suits for damages or injuries to persons or
property resulting from or arising out of the operations of
MEAD, its officers, agents, or employees. Said policy or
policies of insurance shall provide coverage for both bodily
injury and property damage in not less than the following
minimum amounts: Five Million Dollars ($5,000,000.00)
combined single limit, or bodily injury of Five Hundred
Thousand Dollars ($500,000.00) per person and one Million
Dollars ($1,000,o00.00) each occurrence; property damage Two
Hundred Thousand Dollars ($200,000.00) each occurrence.
Said policy shall also contain a provision that no termin-
ation, cancellation or change of coverage of insured or
additional insured shall be effective until after thirty
(30) days notice thereof has been given in Writing to CITY.
MEAD shall give CITY prompt and timely notice of any claim
made or suit instituted. Insurance coverage specified
constitutes the minimum requirements and said requirements
shall in no way lessen or limit the liability of MEAD -under
.the terms of this agreement. MEAD shall procure and
maintain, at its own cost and expense, any additional kinds
and amounts of insurance which, in its own judgment, may be
necessary for its proper protection in the prosecution of
the work.
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14. BEAD shall indemnify and save harmless CITY,
the Community Redevelopment Agency of the City of Santa Ana,
and their officers and employees, against any and all damages
to property and injuries to or death of any person or per-
sons, including employees or agents of CITY or the Community
Redevelopment Agency of the City of the Santa Ana, and shall
defend, indemnify and save harmless CITY, the Community
Redevelopment Agency of the City of Santa Ana, and their
officers and employees, from any and all claims, demands,
suits, actions or proceedings of any kind or nature, includ-
ing, but not by way of limitation, workers' compensation
claims of or by anyone whomsoever, in any way resulting from
the negligent acts or omissions of MEAD, its employees,
agents or subcontractors.
MEAD shall indemnify and save harmless CITY, the
Community Redevelopment Agency of the City of Santa Ana, and
their officers and employees, against any and all damages to
property Of injuries to or death of any person or persons,
including property and employees or agents of CITY or the
Community Redevelopment Agency of the City of Santa Ana from
and against any and all claims, demands, suits, actions or
proceedings therefor, resulting from or arising out of the
intentional or malicious acts of MEAD, its employees or
subcontractors.
15. MEAD shall correct any work that fails to
conform to the requirements of this agreement or any docu-
nents pursuant thereto, where said failure to conform
cppears during the progress of the *,park. MEAD shall remedy
any defects due to faulty materials, equipment or workman-
ship which appear within a period of one (1) year from and
after the date of substantial completion of this agreement
or within such longer period of time as may be prescribed by
law or by the terms of any applicable special guarantee
required by this agreement or any document pursuant thereto.
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" � -x/i,,d,
16. DEAD shall not assign the whole or any part
or portion of its rights or obligations hereunder without
the prior express smitten consent of CITY.
17. HEAD shall not commit, suffer or permit any
nuisance or waste in, on or about said real property, and
shall not permit the use thereof for any illegal purpose.
18. The time of completion of this agreement
shall be extended by the number of calendar days which MEAD
is prevented from performing work as a result of: inclement
weather, acts of CITY not contemplated by this agreement,
the unavailability of workers or materials due to strikes,
accidents, acts of God, fire, unusual delays in transporta
tion, unavoidable casualties, causes beyond MEAD'S Control,
or any cause which CITY may determine justifies the delay.
CITY is the final arbiter of whether the above events jus-
tify any delay in the work.
19. Time limits stated in this agreement are of
the essence of this agreement.
20. 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.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first above written.
CITY OF SANTA ANA, a municipal
ATTEST: corporation of the State of
California
CLERK OF -THE OUNCIL A
APPROVED AS TO FORM: HEAD HOUSING ASSISTANCE
FOUNDATION INCORPORATED,
a nonprofit California
Corporation
CITY ATTORNEY
PRESIDENT
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