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HomeMy WebLinkAboutZEPEDA, HERMAN AND MARIA G.-20104 .. ' oullH.tvt t. A-2003-279 'C'[` T 2- ` AGREEMENT FOR REIMBURSEMENT OF COSTS OF REPLACEMENT WINDOWS \ THIS AGREEMENT (hereinafter the "Agreement"), dated November 8. 2010 for reference purposes only, N is made and entered into by and between Hernan & Maria G Zepeda, 2637 N Larchmont Avenue, N d (hereinafter "Owner"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). t.'$ RECITALS D A. The Southern California Regional Rail Authority ("SCRRA") constructed a second main railroad o track from La Veta Avenue in Orange, south to Seventeenth Street in Santa Ana. B. SCRRA and the City entered into a Settlement Agreement A-2003-005, (hereinafter "said Agreement") whereby both parties agreed to install and construct certain improvements to enhance the character and appearance of the community in the Project Area. Those enhancements include installation of double pane windows for homes facing the railroad on the west side of Lincoln Avenue in Santa Ana. C. Owner owns that certain property located at 2637 N Larchmont Avenue, (hereinafter "Property") and desires to replace those windows at the Property which face the railroad. OWNER is paying all or part of the cost of the work to be performed with funds provided by the City of Santa Ana ("City) pursuant to said Agreement. WHEREFORE, for and 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: OWNER agrees, at its sole cost and expense, to contract with a California licensed general contractor, to install double pane, sound insulating windows to replace those windows on said Property which face the railroad on the west side of Lincoln Avenue, as set forth in Exhibit A, attached hereto. a. OWNER, or his designated contractor, shall install the replacement windows in conformance with the specifications listed in Exhibit B, attached hereto. b. Upon completion of the installation, Owner shall request City Public Works verification of window replacement. . 2. Upon City review and acknowledgement of the replacement window installation, CITY shall, issue to OWNER, a check in the amount of Written Amount, $3256 which is the actual cost of replacement for identified windows meeting the minimum requirements set forth in exhibit B. 3. OWNER hereby acknowledges that receipt of CITY'S payment in the amount of $3256 fully satisfies CITY'S obligation regarding installation of double pane windows at Owner's property. 4. INDEPENDENT PARTIES. Owner, in contracting for replacement windows, is acting as an independent party and not as an agent or employee of City. Nothing contained in this Agreement will be deemed or construed for any purpose, to establish, between the parties, a partnership or joint venture, a principal-agent relationship, employee-employer relationship or any relationship other than City and Property Owner. 5. This Agreement is intended to benefit only the City and Owner and no other person or entity has or shall acquire any rights hereunder. 6. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Owner and City. This Agreement constitutes the entire Agreement between the City and Owner and supersedes all prior understandings and Agreements between the parties with respect to the subject hereof. This Agreement may be modified only in writing, signed by both parties hereto. 7. All Exhibits referenced herein and attached hereto shall be incorporated as though fully set forth in the body of this Agreement. OWNER: Hernan & Maria G Zepeda ,nue Date: u 5 /° , 2010 Date: //.5 IF /10 , 2010 CITY OF SANTA ANA Date: -2010 David N. Ream, City Manager ATTEST: Maria D. Huizar, Clerk of th ouncil APPROVED AS TO FORM: rA4 kseph W. Fletcher, City ttorney RECOMMENDED FOR APPROVAL: Raul Godinez Executive Director, P blic Works EXHIBIT A SANTA ANA SECOND MAIN TRACK PROJECT SOUND INSULATION - WINDOW REPLACEMENT WINDOW SIZE AND LOCATION INVENTORY Owner Name Addresses Windows Sliding, 2', X3' 3'X6' 4' X 8' Doprs ? 1 TERRY P CAHILL 2602 LINCOLN AVE SANTA - 3 1 ANA 92706-2023 2 SOTO YOLANDA 2534 LINCOLN AVE SANTA 2 2 ANA 92706-2024 3 BRUCE PAUL & 2530 LINCOLN AVE SANTA 2 2 CONNIE L JOHANN ANA 92706-2024 4 JOSE L MARTINEZ 2520 LINCOLN AVE SANTA 1 2 ANA 92706-2022 5 JACK JONES 2506 LINCOLN AVE SANTA 4 ANA 92706-2022 6 ELLIOTT & LISA 2514 LINCOLN AVE SANTA 3 2 VALDEZ ANA 92706-2022 7 JAMES H DAILEY 2436 LINCOLN AVE SANTA 4 ANA 92706-2021 8 ALMA F HORTON 1015 E CHERRY ST SANTA 1 1 ANA 92706 9 ALBA RIVERA 1014 CHERRY ST SANTA 3 1 ANA 92706-2006 10 FELIPE & DOLORES L 1015 BEECHWOOD ST 3 1 TEUTLI SANTA ANA 92706-2003 11 ALDO SALDANA 1014 BEECHWOOD ST 1 2 2 SANTA ANA 92706-2004 12 MACRINA 1014 ASPEN ST SANTA ANA 1 2 MALDONADO 92706-2002 13 JOHN R & VIRGINIA K 1015 E ASPEN ST SANTA 2 2 RESSLER ANA 92706 14 PAUL N LEE 1018 E AVALON AVE SANTA 3 1 ANA 92706 15 ELEAZAR DE LEON 1019 E AVALON AVE SANTA 3 1 ANA 92706 16 OPAL F SPINDLER 1015 E SANTA CLARA AVE 1 2 1 SANTA ANA 92706-3062 17 RUFINO M & JOSEFA 1018 E SANTA CLARA AVE 1 3 1 MUNOZ SANTA ANA 92706-3063 Actual location and size of windows to be replaced will be determined in the field. Page 1 EXHIBIT A SANTA ANA SECOND MAIN TRACK PROJECT SOUND INSULATION - WINDOW REPLACEMENT WINDOW SIZE AND LOCATION INVENTORY Owner Name Addresses Windows Sliding 2' X 3' Y X 6' 4'X 8' Doors 18 ROBERT L BANUELOS 1019 E BUFFALO AVE 2 1 2 SANTA ANA 92706-3041 19 GARY M PREUSS 1018 E BUFFALO AVE 5 2 SANTA ANA 92706-3042 20 RAYMOND G & ROSA 1019 E CATALINA AVE 1 3 1 E SANTOS SANTA ANA 92706 21* MARK J & RAANI G 10 18 CATALINA AVE SANTA 2 1 1 RUHL ANA 92706-3050 22* NICOLAS HUERTA 1017 E 21ST ST SANTA ANA 1 92706-3026 23* REYES BARBARA 1 1017 E 20TH ST SANTA ANA 1 TRUST 92706 24* SILVIA AREVALO 1018 E 20TH ST SANTA ANA 2 1 92706-3019 25* JUAN R VASQUEZ 1017 E 19TH ST SANTA ANA 1 92706-3010 26 GUILLERMO BENITEZ 1013 E 18TH ST SANTA ANA 2 1 1 92706-3002 27 MICHAEL G & LAURIE 2643 LARCHMONT AVE 1 1 1 B MOORE SANTA ANA 92705-6741 28* HERNAN & MARIA G 2637 N LARCHMONT AVE 1 1 1 ZEPEDA SANTA ANA 92701- 29* JOHANNA FLORES 2631 LARCHMONT AVE 2 1 2 SANTA ANA 92705-6741 30* OAKLEY WAITE 2625 LARCHMONT AVE 1 1 SANTA ANA 92705-6741 31* MAN VAN TRAN 1022 E PARK LN SANTA ANA 1 5 2 92705-6746 32 LARRY D JR & 1017 VIRGINIA AVE SANTA 6 VICTORIA E ANA 92706-2031 HANCOCK 33 MARTIN LAMAS 10 18 VIRGINIA AVE SANTA 5 2 GONZALES ANA 92706-2032 Total 31 65 26 10 *There is a wall on the side facing Lincoln Avenue. Actual location and size of windows to be replaced will be determined in the field. Page 2 EXHIBIT B PART 1-GENERAL 1.01 SUBMITTALS A. Submit following items: 1. Product Data and Final Invoice by the Vendor/Installer. 2. Include a window schedule, Vendor and Installer contact information, and product specifications that meet the minimum requirements in this exhibit. 3. Quality Assurance/Control Submittals: a. Qualifications: Proof of manufacturer's qualifications. b. U-Factor and structural rating charts required for AAMA and NFRC labeling requirements. C. Homeowners must obtain manufacturer certification statement to document window eligibility for the tax credit. 1.02 QUALITY ASSURANCE A. Overall Standards: Comply with ANSI/AAMA/NWWDA 101/I.S.2, except as otherwise noted herein. B. Qualifications: 1. Manufacturer Qualifications: a. Minimum five years experience in producing vinyl windows of the type(s) specified. b. Member of the following: AAMA (American Architectural Manufacturers Association), NFRC (National Fenestration Rating Council). PART 2 - PRODUCTS 2.01 GENERAL PERFORMANCE REQUIREMENTS A. UV Value and SHGC equal to or less than 0.30. B. Energy Efficient Compliance and NFRC certification. C. Dual Pane, Low-E, Sound Package and/or Sound Proof. D. Minimum STC Rating 34 PART 3 - EXECUTION 3.01 INSTALLATION A. Install windows in framed walls in accordance with AAMA 2400. B. Do not remove temporary labels. C. Install insect screens on operable sash, if requested by the homeowner. 3.02 CLEANING A. S.A.M.C. Section 16-30(f) -Cleaning and Waste Management. B. Remove temporary labels and retain for Closeout Submittals. C. Clean soiled surfaces and glass using a mild detergent and warm water solution with soft, clean cloths. l CORPORATE OFFICE ORANGE OFFICE SAN JOSE OFFICE Al 2125-A N. Madera Rd. 548 W. Kate(ta Avenue 365 Reed St., Suite B ME American Simt Valley, CA 93065 Orange, CA 92867 Santa Clara, CA 95050 Vi i 88B-740.3600 FAx:805.582.9414 888.565.0008 FAx:714.997-1035 866.611-9365 rAx:408.617-0905 ¦. s on a Scheduling: 888.920.6777 ¦ Purchasing: 888.920-6555 r SerV1Ce: 888-920.7222 Windows cwm . We.w.noon See the Difference ¦?? W indow C ntr t Visit us at: www.AmericanVisionVindom.com o ac -C-ontraclflar-Canstmcttnn-Mater-ialand Services- Year Built - Name Page VAndow Brands 441150-A6-_ _ 6?- __?_._----------._..-- of O Anlin ` O New Vision Address ?/ L?KreG) Cit State zip rt Glass 0 Milgard - 0 Great Lakes O OrePac Home Phone Business Phone Cell Phone O -)T © Other lrql uq - - s - b Z Products. Simultaneous) Purchased Email Address / --h? Z e d- 2) S.'P ?A 4n Job Address same as above _ - ? Windows ? Lead` ? Window Covering ? Other: - Source Cn ?GayY1 C4 ?w r Jf t City State Zip ?Entry Door ? Texcote Item No Room Size Style Frame Color txrltKr Glass Type Grids COMMENTS . W H VNYL ALUM CIAO Fie Wo WT-B _? n _ Gas Flat _ Scl STDL _ VO 1 _ / r 7-? ?-"b (l) w , . -7( KR ff 110A 3 A44- 17 4 5 l 6 ( v` K 8 ?l G Gtr !- /?I £> 9 10 -- l r tfS - G -- -, -- 11 _ 12 13 / .srr ?Q 14 - - - 15, ?? l7 a 16 f7 Will 17 Comments; Ur C?G? ` Gt7/! T I rP,C p Construction f2l? oer- t-3 m Q Pe it /1s Uri w cli ( f OGlq , (' /biz ??' S rsG Price: Total contract price for all materlals,.laborand taxes, including' altapplicable discounts: 1 - $ jl?, T . Payment, Contract price shalt be paid as-.foilows:r 10%or$1,000deposit(whichever ? bless) when contract signed 40%doeat measure / /7 z ? 50%orremaining batattce due at completion M tj / v ? Cash . Check No. ? Visa ? Master Card ? American Express ? Discover ? Finance Amount Financed: -Card No. Exp Date SecCode- un yamu Lwu ur uirs iunn anu any aggenuum accacnee. nerew. Cancellation of Contract by Contractor; Contractor can cancel this Contract at any time for any reason Including but not limited to pricing errors, design errors or if in Contractor's sole discretion Contractor determines that the scope ofwork described in the Contract is beyond what Contractor can reasonably perform. Contractors are required by law to be licensed and regulated by the Contractors State License Board, which has jurisdiction to investigate complaints against contractors, We complaint regarding a patent act or omission is filed within four years of hie date of alleged violation. A complaint regarding a patent act or omission pertaining to structural defects must be filed within 10 years of the alleged violation, Any questions concerning the contractor may be referred to the Registrar, Contractors State License Board, Post Office Box 26000, Sacramento, CA 98526. Wood and Wood Finish (Paint or Stain) Color Variation Due to the nature of all wood and wood finish products, Owner advrowledges that wood and wood finishes wlil,vary in color, texture and tone, Owner agrees that Contractor Is not and will not be liable for variations of any kind that are inherent In wood and wood finish products. By signing this Contract, Owner acknowledges that Owner has received the Wood Characteristics and Finish Awareness Acknowfedaement. nVW is Nor responsible for, • • • • • • Reir ai and reinstallation of secuity bars -_ Owner l Buyer Signature Date Co ctor 5l a ? • Removal and reinstallation or connecilonof V I i enywmdawaccesson" Q f • Painting or staining Is nollnduded Owner / Buyer Signature - Date 5 esperson/Reg # • Permits are not Induced • Relnstelledon or connection of any alarm mechanisms