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HomeMy WebLinkAboutCARRILLO, LETICIA-2017INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL D"" AU6 2 4 2017 RENTAL AGREEMENT (Loss of Rents) A-2017.235 This AGREEMENT, made and entered into this_ day of , 2017 by and between the property owner, Leticia Carrillo, as her sole and separate property ( the "Ovine"), and the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("City"), WHEREAS, Owner and City are in negotiations for City's acquisition from Owner of certain real property located in the City, which is legally described in Exhibit "A" attached hereto and incorporated herein ("Subject Property"), WHEREAS, the Subject Property consists of a single lot of real property commonly known 1302 W I It" Street, Santa Ana, CA 92703 (APN#:004-111-22), WHEREAS, 1302 W 11"' Street, Santa Ana, CA 92703 is a residential property in which one bedroom ("Room") was occupied by former tenant; Edward L. Anderson, WHEREAS, the former tenant at 1302 W 11`x' Street, Santa Ana, CA 92703 vacated the Room prior to the date of this Agreement, on the date set forth in Section 1 below. WM?,REAS, City has asked Owner not to rent the Room at 1302 W 11`x' Street, Santa Ana, CA 92703 to new tenants(s) and is willing to compensate Owner for Owner's loss of rent resulting from Owner's agreement to keep the Room at 1302 W l It" Street, Santa Ana, CA 92703 vacant during Owner's negotiations with the City, all as described in more detail below. WHEREAS, Owner and City also desire to agree that, in the event other tenants occupying the Subject Property vacates that property, Owner will not re -rent that property and City will make a monthly payment to Owner to compensate Owner for Owner's loss of rents, all as described in more detail below. WHEREAS, it is the desire of the City to minimize or avoid incurring costs, damages, obligations or liabilities pursuant to any applicable federal, state or local relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S,C. 420t-4655, the implementing regulation thereto set forth in 49 CFR Part 24, Government Code Section 7260, et seq. and/or the implementing regulations thereto set forth in Title 25, section 6000, et seq. of the Code of Regulations (collectively "Relocation Costs") as a result of City's acquisition of the Subject Proporty, or any portion thereof; and Owner desires not to lose rental income during the period of negotiations between Owner and City for City's acquisition of the Subject Property, NOW, THERE FORE, lin consideration of the mutual covenants and agreements set forth herein, tine City and the Owner agree as follows: 1. The City will pay directly to Owner on the first of each month following the date of this Agreement and in the event units becomes and remains vacant, the amount set forth below for Subject Property, Unit Identification Rental Rate Vacation is to Roam at 1302 W 11t' Street $600/month 8/6/2016 The payment provided to Owner pursuant to this Section 2 is intended to compensate Owner for the Owner's lost rents from Room at 1302 W 10' Street, Santa Ana, CA 92703 beginning on the Vacation Date stated in Section 1 above and ending on the date of this Agreement, a, In addition to the amounts set forth in Section 1, following the full execution of this Agreement, City will pay the following amounts to Owner; $600 for each full month the Room at 1302 W 1 I" Street, Santa Ana, CA 92703 was vacant prior to the date of this Agreement, plus b. The rent for a partial month's period shall be prorated on a 30 -day month. 2. In consideration for the payments to be made under this Agreement, Owner will hold the Room, or any other rentable area at the Subject Property vacant and not re -rent or allow any occupancy of the Room or any other rentable area at the Subject Property. 3, Should Owner, in violation of Section 2 herein, re -cent or allow arty occupancy of the Room or any other rentable area at the Subject Property, Owner shall be liable to the City and shall indemnify the City and hold the City harmless for and against any and all costs, damages, liabilities and/or expenses, including attorneys' fees and expert witness fees, incurred by the City in enforcing the terms of this Agreement, including any and all Relocation Costs incurred by the City as a result of Owner's breach of this Agreement and/or City's obligation to relocate any tenants of the Subject Property. 4. The City shall not call on Owner to make any special improvements to the Room at the Subject Property, but Owner hereby specifically covenants and agrees to keep the Room in good order and condition, in compliance with all applicable federal, state and local laws, including the City of Santa Ana Municipal Code, at Owner's cost and expense. 5. Owner reserves the right to enter onto and inspect the Room at the Subject Property, and to mance any necessary repairs to the Room at the Subject Property, in accordance with tenant leases, as applicable. 6. Any payment payable hereunder for any period of time less than one ('l) month shall be determined by prorating the monthly rental rates set forth in Section 1, based on the actual number of days in the month. 7. All notices required herein, or which may otherwise be given by either patty to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: To the Owner at: Leticia Carrillo 1302 W 11th Street Santa Ana, CA 92703 To the City at: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Jason Gabriel Nothing shall preclude the giving of such written notice by personal service. 8. This Agreement shall terminate automatically on the earlier to occur of (a) the date the City acquires legal title to the Subject Property or (b) the date the City acquires legal possession to the Subject Property by means of a court order of pre -judgment possession in an eminent domain proceeding or (c) thirty (30) days following either party's written notice to the other party terminating this Agreement 9. No amendments or modifications to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto. 10. The terms and conditions of this agreement shall be binding upon the heirs, assigns, successors and personal representatives of the parties hereto. THIS SPACE INTENTIONALLY LEFT BLANK SIGNATURES NEXT PAGE IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first above written, OWNER CITY Leticia Carrillo CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the St a of California r C this J. Kur , interim Ci anager ATTEST: Mama Hutzar, City Cleric Approved as to Form: J M. Funk, Assistant City Attorney T sND APPROVAL; l re Mou vigour, E>X FTfive Director Public Warks Agency 4 EXHIBIT "A" All that certain real property situated in the County of Orange, State of California, described as follows: Lot 1B of ji:act No. 11,W, in the Clty of Santa Ana, County of Orange, State of California, as per map record in aUgj-?,9-PacLejq of MIsceligneous maps, In the Office of the County Recorder of said County, A,q2gs2cr.'s Parr of NUMbet-: 004-111-22