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HomeMy WebLinkAboutCENTRO CULTURAL DE MEXICOW " ,, 'F,OCEt`0 ,Oulu ;iL VCM0 U)(Itosairlares)qk SETTLEMENT AGREEMENT N-2021-045 d'Ljhrs Settlement Agreement (hereinafter "Agreement") is made and entered into on March r i021 ("Effective Date") by and between City of Santa Ana ("City"), on the one side, and Centro Cultural de Mexico en El Condado de Orange (herein referenced as "El Centro"), on the other side, City and El Centro are sometimes individually referred to herein as a "Party" and collectively referred to herein as the "Parties." This Agreement is made with reference to the following facts: RECITALS A. El Centro is the property owner of real property located at 837 N. Ross St., Santa Ana, CA 92701, Orange County (the "Property"). El Centro is responsible for the security and maintenance of the Property. B. On May 7, 2020, the City's Code Enforcement Division issued an Administrative Citation warning notice to El Centro for violation of Santa Ana Municipal Code ("SAMC") sections 16-48 (noxious growths, rubbish, garbage prohibited) and 41490(a) (non -permitted use of land and building) (hereinafter referred to as "Nuisance Conditions', In December 2020, four citations for violations of the same sections have been issued, for fines in the amount of $1,800. True and correct copies of the Administrative Citations ("Outstanding Administrative Citations") issued by the City are attached hereto as Exhibit "A.. C. City and El Centro have been working cooperatively to both remediate the Nuisance Conditions existing on the Property and identify alternative housing and resources for individuals on the Property who are experiencing homelessness. D. The Parties desire to avoid the expense, inconvenience, and uncertainties of litigation and, therefore, the Parties have agreed, with no admission of liability by any Party, to enter into a complete and final settlement of all disputes, and differences between them; and E. City and El Centro have negotiated a settlement agreement that is acceptable to both parties, and which includes the rernediation of the Nuisance Conditions on the Property and procedures to provide shelter options for homeless individuals on the Property. NOW THEREFORE, IN CONSIDERATION of the above recitals, the covenants, conditions, and agreements made herein by the Patties, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: TERMS OF SETTLEMENT AGREEMENT 1. El Centro agrees to take all of the following actions: a. El Centro shall irrrrnediately, and hereafter, clean and maintain the Property and the adjacent alleyway abutting the Property, in a manner that is free from Nuisance Conditions. Performance of this term shall be met by El Centro, within ten days of the execution of this I Agreement and shall be deemed accomplished by evidence that it has eliminated all obstructions to free passage on the Property and in the adjacent alleyway, and it has disposed of all rubbish, garbage, and waste on the Property; b, El Centro shall ensure that the number of hoineless individuals on $0 Property is never any greaten than the currant number which is twenty=five (25) individuals and once the Nuisance Conditions are cured, EI Centro shall not thereafter permit its Property to be used as shelter or a sleeping space for the homeless, c. El Centro shall, during the term of this Agreement, identify and regularly communicate to the City the names of service providers engaged to improve and enhance the services offered to the homeless individuals on the Property; d, Within 4.5 days of, the execution of this Agreement, .El Centro shall cure all Nuisance Conditions at the Property; e, El Centro actmowledges that it has approved the placement of the Portable Facilities as defined below. El Cchtro .further agrees to tape care; custody and control of the Portable. Facilities and accepts responsibility and liability for any damage to the Portable Facilities; and. f. El Centro shall collaborate with the City to Bost two (2) intensive outreach events at the Property during the forty-five (45) day cure period. 2.. City commits to the following: a. City shall pat all enforcement actions against the Property, for past and current alleged Nuisance Conditions,- on hold with the exception of the Administrative Appeal Ideating regarding the Outstanding Administrative Citations set forth Ul Exhibit "A."Notwithstanding the agreement to halt enforcement actions, the City may commence enforcement actions for itinninent threats to public health, safety; or welfare that could endanger the general public or any of the occupants of the Property, provide the Nuisance Conditions on the Property worsen in that there is mote trash and debris, or obstiuetion ofaccess or there are more than 25 individuals on. the Property; b. Within three days of executing this Agreement, the City shall supply four portable restroorns and one wash station (collectively, "Pottahle Facilities") and schedule routine maintenance to ensure that the Portable Facilities are cleaned and restocked as needed, G. City shall collaborate with El Centro to host two (2) intensive outreach events at the Property during the forty-five (45) day cure period:. d, If El Centro successfully cures the Nuisance Conditions, then within five days after the forty-five (45) day cure period, City shall i) refund El Centro all fines that El Centro has paid to the City for code enforcement violations or administrative citations since May 2020 and li) waive all fines for unpaid Outstanding Administrative Citations. 1 Notice. Any notice, tender,. demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or eerlifiedtnail, postage prepaid, or sent by fax or other telegraphic communication In the manner provided in this Section, to the following persons: City: El Centro: City of Santa Ana El Centro Cultural Do Mexico 20 Civic Center Plaza 837 Ross St. , P:C, Box 1988 Santa Ana, CA 92701 Sana Ana, CA 92701 Attention: Maria Mariguilar Attention: City Manager 4. Default, (a) In the event El Centro or City defaults in theperformanee of any of their obligations outlined in Sections land 2 of this Agreetnent, respectfully, the other Party may enforce this Agreement through specific performance or may exercise any other available remedies. The breaching party shall have three (3) days _from the receipt ofwritten notice by non breaching party to use all reasonable means to cure the alleged breach and to notify the non -breaching patty In writing that cure has been effected. if the breach is not cured within the three(3) day period, the non -breaching patty may terminate thts.Agrcementwithout '--fruther notice. In the event City or El Cemro cures such default within such three (3) day period, all obligations hereunder shall continue in fall force and effect, (b) if El Centro fails to cure, the City may take all necessary action, including the filing of a civil nuisance abatement action and quay seek all remedies available under the law, including but not limited to an hijunction; appointment of a receiver, an order of abatement, civil penalties, costs of suit and any other relief the courtdeems proper. 5, Representations, Each Party further represents and watrartu, as to itself, but not as to, any other Party, as foliows: (a) El Centro is the sole and lawful owner or real property commonly known as El Centro Cultural de Mexico located at 837 North Ross Street, Santa Ana, CA 92701. (b) Each Party has received or has had the opportunity to receive independent legal advice from attorneys of such Party's choice with respect to the advisability of executing this Agreement and the releases provided for herein; and prior to the execution of this Agreement by each Party, that Parry's attorney, if any, reviewed this Agreement and discussed the Agreement with such Party, and the Party has made all desired changes. (c) Except as expressly stated in this Agreement, each Party represents and warrants that it has not made any statement or representation to any other Party regarding any facts relied upon by said other Party in entering into this Agreement, and each Patty specifically does not rely other agreements, written or oral, express or implied, between the Parties, and/or their successors and assigns, with respect to the Matters released herein, except the Agreement set forth herein. Each Party to this Agreement has substantial experience with the subject matter of this Agreement and each has fully partioipated in the negotiation.and drafting of this Agreement and has been advised by counsel of its choice with respect to the subject matter hereof. Accordingly, this Agreement shal'I be construed without regard to the rule that ambiguities in a document axe' to be construed against the drafter. 10. Defense, Indemnification and Hold Hatglless. EI Centro agrees that it accepts sole responsibility for the oonc. ion, placement and use dithe Portable Facilities on the Property. E1 Centro assumes all risks inherent in the placement, operation and use of the Portable Facilities and agrees to assurne all risks and liabilities associated with the Portable Faeilties,. El Centro. agrees to assume responsibility for the defense of, and to pay, indemnify and hold City harmless fi-om, and hereby release City from, any and all claims or lawsuits for damage to property or bodily injury (including death) which results :From the placement, use, operation or possession of the Portable Facilities. The City has made iio representations to EI Centro and has not provided any warranties, expressed or Implied, concerning the condition or fitness for use of the Portable Facilities. 11. Section Headings. The section headings contained in this Agreement are for convenience only and shall in no way enlarge or limit the scope or meaning of the varions and several sections hereof 12. Gender and Number, Within this Agreement, words of any gender shall be held and construed to include any other gender, and words in the singular number shall be held and. construed to include the plural, unless the context otherwise requires, 13. Counterpart Execution. This Agreement may executed hi multiple counterparts, each of which shall be deemed to be an original and all of which together shall constitute one document. 14, Severability. If any material portion of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in fall force and effect. I S. Amendments. This Agreement pray be amended only by written agreement signed by all of the Parties hereto, or their respective successors or assigns. 16, Exhibits, All exhibits attached hereto are hereby incorporated into this Agreement as though fully set forth herein. [Signatures on the following page] N-2021-045 IN WITNESS WHEREOF; the Parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA Kri ine-Ridge- City �— Manager APPROVED AS TO FORM: Sonia R. Catvalho City Attorney Jose Montoya Deputy City Attorney ATTEST: Daisy Gomez Clerk of the Council EL CENTRO CULTURAL DE MEXICO 'asq�z /�et1�rnin VG7 JQz Mama Manguilar AS TO FORM: � 1/t E. FeiTin Law Center Exhibit A City of Santa Ana' ., Cud, hitri'orcoraent Division 20 Civic Center Plaza Santa Ana, CA 92701 ADMINISTRATIVE' CITATION An inspection of the following premises revealed violations of the Santa Ana Mtadcipal Code: #-Ac 081633a ohs SWP ASOND Address/Locadon: 83 ( 0, P``oss Santa Ana, CA, Zip ( 7,-? 01 Business Name: Y�I kI -( Customer # Responsible 1 �V�1 t 0 c L J 0Y v I' CDL(1D#: Person (s): ZONE CDBG# _ Address: APN# City/Stntemo� S'ra 14tq Q. -1 1)0-?1- Yi' PfNi G NOTIC.0 ��. As of �l- 2'U _ at f pm, you are in violation of Santa Ana Municipal Code Section(s): SAMC Code Section Description of 10 Co ec ons Re uired ��,L] i° G2 1 tJ � f 1-1 ®( VIA��r f3Vr� 1 � iP i ou e i✓VI e�d7 t3st✓l I—t i VehicleYr: Make: Modal: U00IN• CORRECTIONS REQUIRED: ( ) Refer to "Waketion Sheet" () Refer to attached "Continuation of Violations" INIPORTANTI Corrections mast be completed within - honra da s . Comply by (date) -r -- The inspector may conduct a drive -by compliance inspection. You will be ed in writing with the Notice of Administrative l! ine if you are not in compliance (see section below). You will then be liable for a fine in the amormt of $1004200, $500 or $1000, (Thesef fines are subject to change pursuant to CalFfornia Gm enntentCode Seadon 36900.] In addition. to The fine, you may be cited each day that the violation exists beyond the correction date. Other enforcement action and penalties may also result if compliance is not achieved by the correction date. Received by: Phone#: _ INSPECTOR: l+t l % a rVI 0 CP6 PRONP #: (714) 6 - %2 Monday timugh ihiday Date Warning Mailed: f 2-0 CP# Date Complied: ��(� Z(� CP NOTICE OF ADMINISTRATIVE 4ATIVE FINE As of r�'� 'ep CJY pm, you are in violation of Santa Ana Municipal Code Sectlon(s): SAMC Code Section Descrindou of Violatioa(s) See Attached Addendum Report ( ) 1sT CTATION $ IS NOW DUE AND PAYABLE. ( ) 2" CITATION $_ IS NOW DUE AND PAYABLE, ( ) 3ao CP ATION $ IS NOW DUE AND PAYABLE. ( ) 4s' CITATION $ IS NOW DUE AND PAYABLE Pursuant to Santa Ann Murcipal Code Section 1.21.8, you have 15 days from the date of this administrative fine to file an appeal. (See the reverse side of this Notice for payment acid appeal information relating to a Request for Administrative Hearing.) Received by: Print Name: ( ) Refused to sign. Served via personal service. ( ) Served via Certified and Post Class mail Dato: # Cyi� CP# Signature of Officer Print IVamo Phone it: (714) _T Monday through Friday Cale 0 C �+U 0 6 a) # 6 r •in. .1 l;naa tna #A it I bd, "nt„r:em; al lhr,i, n' O©S SWPASGND `It ti.b r.olcr Pldpr ADMINISTRATIVE CITATION An inspection of lite following p -cutiN, resealed sodalioo' or IIn snoln anit Municipal Code: Aid ress/Locat nn l: _ ___—;_---_—. 4ARNING /1Yl"T1('Ii S\M(-CIdesr,nru 11, nillionot Ciohnioni,l \bnh;1'i. vlpl•c ___ N,„lei. lit:/\I�: --_. t IMR.,f t J_t r) 1 X REO)(7RLIJ 1 1 Refer n, "I iWation .Sheet" f ) Rrfi nn aftnrherf i'uwirurntina ref Piofnfimnt" 61]'ir. CoI-rectiuof, must be cotnpleled within ._- — hours / days . Comply by Idate ) The inyrnaut ur,i; f-onduct a thhe-hy rumpli:mce inspection. You will he nuufied in wriling with the Notice or Administralise Fine it you are nol in aanplilmce (see section meow ). You will then be liable for a fine in the amount of $100, $2011, $500 or $10061. 17hese fines are subject to change pnrsnant to Califiinda Government Cade Set bwl?0900.1 In addition to the fine, } ou may be cited each day that the violation exists beyond the correction date. Other enforcement action and penalties n,ay aho re,ull if compliance is net achieved by ncc correction date. Received by: - _._- _-------.- -. Phone# ---_---- INSPECTOR: CPH Pitow li: (714) Monday through I nd+p Date WankingMailed: CH Date Complied: CPO NOTICE OF ADMINISTRATIVF. FINE As of _. _ at _._ -___ - ;un / pot. rou are in violation of Santa Ana Municipal Code SectiontsI S_A V1C Code Section Descrip (ionol \ i(!utionts) ___ I � \_tvAtl_acbed.Addendtin Rtoorl— "Cl'fATION --- 5 IbiJU\1 LII:, :1\UI'-\l-\hi 1 I'.\ fl(l`, s� --- 1>NU\I UI I: ,1):it;':\7 \ is I.r I. .M t 'r.l M"I.I cS�e Ule I" ci'c it Vi rilh ':dLC for p ii)114- it UllJ iWOH11,11101h leiltilFIL W f4 Ito4ur,i tur AdnmijStrifivc I lejjlg (-H.t''' II):. ( nv :I 4�gin rAnq #AC i1 At)' t'odc Imdnr: trx'm Invia,m OBS SWP ASGND i 7t ( r.I, ( ,•act flute S.nn: rvn,.(A1)1All ADNIINISTRATIVE CITATION Au inspection o1'the follorvinq premise, resealed viobttions of the Sunlit \na Aiunicipal Cale: Santa Ana, CA, /,it, - - Business Name: Costumer H Responsible _. ,..-- _-- - _--- --.-- -- -- -- _-- -- CDL11DY. _ - - - Person W ZONE )'NIGH Address: _ _ - - _ APN# WARNING NOTIC'F As of -_. ___ - at _ ___ am / pn �. you an' in violation ol'S:mta \r;a lLiniripal 15.idr e� r u� nu, r SANIC Oxle Section 6orrct{ion;,..Requiled . VehicleYt: btukc __.___Mefel__ CORREC HONS RF.(16IRFD: I ) Refer la "Violation Sheet" f ) Refer to attached " C in(nnantion of Violationv" IMPORTANT! Corrections must he completed within ___ - hours I dugs. Comply by Inhale) The inspector may conduct a drivebycompliance inspection. You will be notified in writ in,, with the Notice or Administrative Fine if you are not in compliance isee section betow I. You will then be liable for a line in the amount of $1CNI, $2411), $500 or $1000. % /7ie,w fnev are .cubjec t m change ptoanad m Cnlifnmio Gm eminent Crnle Section ?6900- J ha addition to the fine, you maybe cited each day that the violation exists beyond the correction date. Other enforcement action and penalties may also result if Compliance is not achieved by the correction date. Received by:------ - - ----------------Phone#:.-------- - - ---- -- INSPECPOR: CP# PtioNL#: (714) Monday thnwghPriday Date Warning Mailed: CP# Date Complied: CP# NOTICE OF ADMINISTRATIVE FINE'' As of _. - _. -.. _ - _-.. —at - nm / pm. you are in violation of Snnta Ana'vlunicipal Codc Section) s): SANK Code Sec) ion I tr,cnpnunol\tiolalion(s)- _----_--____-- -- ) See Attached :\ddendum Report I ) I`rC H YIION _ IS NI)W'NTAND PAYANI I ( I „,N Cui I V I i ln, iS NOW DIT AND PA )i A I; i. I I i 11:111�I, IC Vr 'A N I I AN1) l".':.I:IJ. i4'( '.Iv)P01s`. Ill I-."NI)P (Svc the recenc mde of Ihis Notion for payvnvm and appeal information mlating to a Request for Administrative licaring.) l ;m u fit 4 ADDRESS: 837 N. Rass St. DATE: 12-7-20 Officer: JN6 ADDRESS: 837 N. Ross St. DATE: 12-7-20 Officer: JN6 ADMINISTRATIVU CITATION the rnihmin¢prelllke. 1ru:ded tiol.tl'rurn nr the Santa 1ol\tlutieipai Code: l inane \,tun. ('o.lulnrl R Re,p,m,ihl` _ _ 11vINI�- Pity/SIx."'/ll. ItAi .1 OBS SWP ASGNO l'hRCi!! n l .Ir of t il:l'd llnnd `•.�nl . \.I : \il}I` VAAII 1 rdc•�rchl�n ".._nl:l m :i A'�I Jehl rllu I��,Ilrrholl.I{.�.lu;p.�,l Vellicit 11. _. _Nk!", MAidel:. CnRRIi(1 L0A.S Xh.'(lf 7N!_L; I ) Refer (a "Violation Sheer' 1 !Refer to mtaei!ed `l nnrinnntirm of 1'iofatinns" - iMPOR"1VI! C erreciinn. ntte,l be completed within hours / d:i Comply by Idate) The inspect,-r mad Louden a dri•., by compliance inspection. You trill be nulllted in tefiting \kith the Nutire of Administralive Fine it' you are not in compliance I see seelion bell)%). You will then he liable foil' a Fine in the amount of $100, $200• $SIN) or $10110. Aeae jinec are auhjer! 11) ehunge pun cant to California Gntrnane•et ( •arla Ac,l ulf i W0.1 In addition to 0)e fine, you may be cited each day that the violation exists beyond the correetinn date. Other enforcernent action and penalhck may ako resuh it compliance i not achieved by the correclion date. Received by: -.._.... ___-- _ -- --Phone#:_ - INSPECTOR: CP# PHONE #: (714) - Monday dnou0r Friday Date Warning Mailed: C'P# Date Complied: Cp# NOTICE DI' UNISTRA77VE FINE As of at _ am / pm, you ore in vlohnion of Santa Ana Municipal Crate Serlinulsr. 5.\\IC ("ode lc.'liuu D.." rl ptinn nt : ltt \l Lfl heft \d,l Ii�P!1I Report t ll r\ C IS No N' LUF :l,JI I l' V`l:V:I I IS N(tN DI'I' ANA) 1' 1, \RI I I: •I. .. y - IS h, N.t lull' VXDP-11a1llI AS Nit'" DI I)✓ AAI 11'AA 41II.P .11 lfll l 1 IIIIIJ :'•JI 1•Ji�,,I (.�1C i--lioli 1 21.:. 1CII I I' e I.", fl P" Ir ❑" J!, oil I<'- i. A. :, In,'.. .,. " (See the reverse side of this Notice for payment and appeal information relaung to a Request for Administrative Hearing. I h..�t.;,..1 P�ila l use 4 1 it 4 ib i ..�, tb:.. .. , FIT 19 :y �J ra - ADDRESS: 837 N. Ross St. DATE: 12-14-20 Officer: JN6 r � , " \n, #AC a t J fm In[,•.08SSWPASGND :: oCis,. r 1DILIINISTRATIVE CITATION R .IpL, :AIIJ� . , ,.'ll,l f An inspection ol'the raIlo,(ill „ premises reveled viohuious ol'the Santa Ana Municipal C'nde: Addtrssil nc.,tit Soma Ana. CA. Zip Iiu;ine,s Name: 837 N. Ross St. CusnonerH Re.apunzil,lc Centro Cultural Mexico en el Condado de Orange CDl /toe _ - Pe,,,:tt(,): PO BOX 133 ZONECDlicu Address: Santa Ana, CA 92702 APN#_ WARNING NOTICE As of _— _ at _ ant / pm, you are in violation of Santa Ana Ntunicipcd Code b c won r. "AMC Code Section Do,onption of ViulatirmL+'L___ Ctiiicuuu� Required Vehicle Yr: _,Make: _ Madd: Lic#NIN CORRECTIONS REOL'IRED: ( ) Refer (o "Violation Sheet" ( ) Refer to altacired "(.'oniinuation oj'Violations" IMPORTANT! Corrections must be completed within hours / days. Comply by (date) The inspector may cmtcluci a drive -by compliance inspcclinn. YOU will be notified in writing with the Notice of Administrative Fine if you are not in compliance (see section below). You will then be liable for a tine in the amount of $100, $200, $500 or $1000. (Thesejincs ure.subject to chringe pucuuml to Culijimtiu Government Code.Set don 369M./ to addition to the fine. you may be cited each day that the violation exists beyond the correction date. Other enforcement action and penalties mayalso result if compliance is not achieved by the correction date. Received by: Phone#: INSPECTOR: CP# Pt1 NE #: (7I4) Monday through R9dac Date Warning Mailed: CP# Date Complied: CIT NOTICE OF ADMINISTRATIVE FINE As of _ al am / pm. you are in violation of Santa Ana Municipal Code SeclionlSc SAMC Code Section Dzscrintion of Violation(s) SAMC 16-48- Remove all accumulation of stored items from the property and parking lots. Remove all trash and debris from the property. Clean and sanitize all parking lot areas. SAMC 41-190(a)- Camping on the property is not permitted. Immediately cease and desist all camping activities. Monitor and maintain the property on a regular basis. t I I •• U I'A'fl()N $ IS "IOV, ll1. 1. -\NI l P,\S W1.E. t t 2°D CI"fAl'ION :h IS Asa rAc Ull: •ANI t I' \l aHIP. - __. _ _. _ _ ._ t ,3'"CITATInN $__.-. LS '�,)\\'lal il'A`;DP\�1HLIL t •l4"'C1T:\HON 5_-_---ISNlr11 Dt�EA\I-tI':N) \HLE Pursuant t, Sento A!- I Alnmcip:d Cndc Ruction I -' I.X. "on 1 11 1 i day- •T„m thl' ll: tr ,I Ihi' t:dmini,nn•i I, --L• I . ..,. .,il. (See the reverse side of this Notice for payment+md appeal information relating Ina Request lot Adnuaistrativr tlearing.t IZecciacd h' ( 1 R.•Il.t.:d i,, oi.o `:n I yis per::iml .rr ica. 1 t ticnr,t si:• ( riiti d nwI I'irl t'1.,,' n•ai1 Data. _ I". Stem:uun•ol Clffiscr _. I;cn Aam,• _ Phunc 'r: 1' LI _. _ Atondo; tlm•uuh tndn Case# _—_ _._ _ __. FIl ADDRESS: 837 N. Ross St. DATE: 1-4-21 Officer: JN6 Exhibit # 6 Insanitary conditions. Trash and debris throughout the property. Camping and loitering on the property. Lack of property maintenance. L ADDRESS: 837 N. Ross St. DATE: 1-4-21 Officer: JN6 ADDRESS: 837 N. Ross St. DATE: 1-4-21 Officer. JN6 ADDRESS: 837 N. Ross DATE: 3-1-21 Officer: JN6 ADDRESS: 837 N.Ross DATE: 3-1-21 Officer: JN6