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HomeMy WebLinkAboutLOPEZ, MARCELO & ROSA - 2013IJ i1 id 3 Q- NSURANiCE N4I REQUIRED WCRK MAY PRCCEEI_' CLERK OF CUPICb. n4TP -1?c-13 O -PT V) a C O v N lU AGREEMENT FOR REIMBURSEMENT OF COSTS OF REPLACEMENT WINDOWS A-2003-290 THIS AGREEMENT (hereinafter the "Agreement"), dated May `s . 2013 for reference purposes only, is made and entered into by and between Marcelo & Rosa Lopez, 2534 North Lincoln Avenue, (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"). RECITALS A. The Southern California Regional Rail Authority ("SCRRA") constructed a second main railroad 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 2534 North Lincoln 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, $ 1.811 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 $ 1.811 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: Marcelo & Rosa Lopez 2534 North Lincoln Avenue CITY OF S ANA Kevin O o ;Interim City Manager Date: 2013 Date: 2013 JUN 13 2013 Date: 2013 ATTEST: Maria D. Huizar, Clerk of th ouncil APPROVED AS TO FORM: la'i'r ?'A? -- A' e 1111!y gonia R. Carvalho, City Attor ey RECOMMENDED FOR APPROVAL: Ralr, .. Executive Director, ublic Works - CORPORATE OFFICE ORANGE OFFICE Natetta Avenue 548 W SAN JOSE OFFICE 365 Reed St., Suite B American 2125-A N. Madera Rd. Simi Valley, CA 93065 9414 2 . Orange, CA 92867 San a Clara, CA 95050 888-565-0008 FAY: 774-997-7035 866-611-9365 Fax: 408-617.0905 - 88H-740-3600 r4x: 805-58 ¦¦ Vision . Scheduling: sea-9zo-677 • Purchasing: 888-920-6555 a SeNiCe: 888 920 7222 ' 5ee h Window Contract eDifferonca ?waa a? as [ visit us at wwwAmericanMsmrW mkwm.com Contract for Construction Material and Services Name ! 7 2, t la 7 Address City C Z her Home Phone Business Phone Cell Ph -71 / v o Slm,Naneously Purchse ts ? t Z __ ows ? Garage Door l Email Address I l ? same as ab Job Address ? ( / - C ove __ ? Window Covering ? Solar: j s ns„ CYO ES-11`1.. L ;, • ? _. _- _ State Zip ? Entry Door ? Other: Source S fW r"i City ? Texcote Size Prairie Color E+trhar Glass Type Grids COMMENTS Na Room a _ i WD WT•B Lo-E1 Taw I OBS GM Flat Stlp 6 VG W H VNrL ALUM QAD T 3 - l 9 I 13 151 {/? --tl ? ; ? l: Comments ? Construction ? Permit \i?'fTL1^L ..2 1 t. Price: Total contract price for all materials, labor and taxes, including all applicable discounts: $ Payment: Contract price shall be paid as follows: 10% or $1,000 depositiwnebevar a° Progress 50%or remaining balance -oy is less) when contract signed I Payment - 1 due at completion ?C> 5 ? Cash -Check No. ?_Visa 71 Master Card ?_Amencan Express 11 Discover Amount Card No. -? -_ ? Exp Date Sec Code --_ 'T 71 Finance Financed: printed on page two of this form and any addendum attached. here to. This Contract includes as material terms, "Terms and Conditions" Canceliabon 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 it in Contractors sole discretion Contractor determines that the scope of work described in the Contract is beyond what Contractor cin 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, if a complaint regarding a patent act or omission is Ned within four years of the 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 refened to the Registrar, Contractors State License Board. Post Office Box 26000, Sacramento, CA 98526. Wood and Wood Finish (Paint orStain) Color Varie6on: Due m the n3ta7e Dial IFrNbdlid *Xd knish pW WS, 0hW XMDw78d9D5 oral wwd and wood finishes will 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 Acknowledgement AN is NOT responsible for: Random[ and remstallauos of woody, from _ Owner / Buyer 5i nature / Date Contractor Signature • Removal am himstallation or connection of initial any window accessories • Painting or staining is nM Mcmed mil(, wner I Buyer Signature Date Satesperscrid • Permis are not inducted • Reinstnor mnnedicn of any alarm meChanismnlams RECORDING REQUESTED BY First American Title Company AND WHEN RECORDED MAIL DOCUMENT TO: Marcelo Lopez and Rosa T. Lopez 2534 Lincoln Avenue Santa Ana, Ca 92706 A.P.N.: 396-405-46 GRANT DEED File No.: OSA-4257797 (MAC) The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $?"' TRANSFER TAX $ computed on the consideration or full value of property conveyed, OR notThis is a hing In Ibons R 6 Tm1and the grantor received computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area, 14 City of Santa Ana, and Exempt from transfer tax; Reason: FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Francisco Lopez, a married man as his sole and separte property and Macaria Torres, a widow and Marcelo Lopez and Rosa T. Lopez, as husband and wife all as joint tenants hereby GRANT(s) to Marcelo Lopez and Rosa T. Lopez, husband and wife as joint tenants . the following described property in the City of Santa Ana, County of Orange, State of California: PARCEL 1, AS SHOWN ON PARCEL MAP FILED IN BOOK 8, PAGE 37 OF PARCEL MAPS, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA. Recorded in Official Records, Orange County Renee Ramirez, Assistant Clerk-Recorder 11111IIIII111 111111111111II111111111111111111111111111111111111I11II mm *$ R 0 0 0 5 5 5 a 7 9 2 S 2013000064598 9:57 am 01131113 53 Sect G02 F13 3 0.00 0.00 20.00 0.00 6.00 0.00 0.00 0.00 This Line for Recorder's Use Only Mail Tax Statements To: SAME AS ABOVE Grant Deed - continued A.P.N.: 396-405-46 Date: 01/2412013 File No.: OSA-4257797 (MAC) Dated: 0112412013 - C2?w a-& * Fra Cisco Lopez Macaria Torres 1Z Marcelo Lo STATE OF cojq?*•Nlh )SS COUNTY OF of&V ) Fffsa T. Lopez On. T42011 , before me, Jay. 'pov%t'Owb1Cl . Notary Pubic, personally appeared Fran ti tie idwf Rrsa T. M to 7eavt Uq.r1/o LgpL who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)X/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hicp their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offidal seal. Signat My Co is !on Expires: OG4. (t,. Milo Notary Name: cl DOMbYOWLICr Notary Registration Number: Bel IIiOS CaxNubo 11181!06 NOWT Public - CNMorbh M Orange Carty Comm. E>t Ins OetOet 18 Y0 18 This area for offic/al notarial seal Page 2 of 2 Notary Phone: 114 lilt 1941 County of Principal Place of Business: PGna / GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary: Commission Number: John Bombrowski 1991605 County Where Bond is Filed: Orange Date Commission Expires: 10.16.2016 Vendor Number: NNAI I Certify Under Penalty of Perjury and the laws of the state of California that the foregoing illegilble portions of this document to which this statement is attached reads as follows: Place of Execution: Date: Santa Ana 01.31.2013 Signature: EXHIBIT A SANTA ANA SECOND MAIN TRACK PROJECT SOUND INSULATION - WINDOW REPLACEMENT WINDOW SIZE AND LOCATION INVENTORY vsVa ? OwnerIame?, ?i`Ak : t ?ddte?ses ; ? ?,x q t yW V ? ? , z Windows r hdtgg `> y . y y. . ?'+ Ys. S ! t b ! 1 o' s o r 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 NORTON 1015 E CHERRY ST SANTA I I 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 ? Ovnerame A mxAddressest ?? ' mdow ' s'? .SJt¢ m " k m 4 ? ilNw RAW r e ?2" 7i ' f3"X6! V 8 . D o .. , o 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 l RUHL ANA 92706-3050 22* NICOLAS HUERTA 1017 E 21 ST ST SANTA ANA l 92706-3026 23* REYES BARBARA I 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 l 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 I I I ZEPEDA SANTA ANA 92701- 29* JOHANNA FLORES 2631 LARCHMONT AVE 4 2 SANTA ANA 92705-6741 30* OAKLEY WAITE 2625 LARCHMONT AVE l 1 1 SANTA ANA 92705-6741 31 * MAN VAN IRAN 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 " 67 - 25 12 " *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/N W WDA 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). PART2-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.