LEE, PAUL - 2010 - Laserfiche WebLink

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N"T `:'JCR . FES 0 8?ail AGREEMENT FOR REIM13URSFMENT OF COSTS OF REPLACEMENT WINDOWS A-2003-282 THIS AGREEMENT (hereinafter the "Agreement"), dated October 27. 2010 for reference purposes only, is made and entered into by and between Paul Lee, 101$ E Avalon 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 Rait Authority ("SCRRW") 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 windov?R for homes facing the railroad on the west side of Lincoln Avenue in Santa Ana. C. Owner owns that certain property located at 1018 E Avalon 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 doubl6 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, $2865 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 $ L55 fully satisfies CITY'S ligat?n regarding in allati n pf dtble ane s at Owner's propenylrcr-- a. INDEPENDENT ARTIES. Owner, in contracting for repta 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. • ?2 ) ay- 1 ;( 2-