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HomeMy WebLinkAboutYIM, ISAACINSURANCE NOT REQUIRED WORK MAY PROCEED A-2022-254-03 CLERK OF THE COUNCIL CITY OF SANTA ANA DATE. COMMERCIAL PROPERTY COMPLIANCE ASSISTANCE PROGRAM c2 PROGRAM BENEFITS AND PROPERTY MAINTENANCE AGREEMENT 0 N cv This PROGRAM BENEFITS AND PROPERTY MAINTENANCE AGREEMENT N ("Agreement") is effective upon 12n612o22 ("Effective Date"). This Agreement is entered into by and between the City of Santa Ana ("City") and 7 S R FjC �:?Z M ("Owner"). Gln'(S., s�, )(s�� RECITALS WHEREAS, the City of Santa Ana has established a Commercial Property Compliance Assistance Program ("Program") for application within the Qualified Census Tract as established by the U.S. Department of Housing and Urban Development; and WHEREAS, pursuant to the Program, the City provides grant funding up to $50,000 to commercial property owners whose application to the Program has been approved by the City for fagade and other eligible improvements to their property; and WHEREAS, Owner made an application under the Program with respect to the improvements described herein at the real property located at tl3Z W • W SV, Sam Q�0q in Santa Ana, CA, which is more particularly described in the legal description attached hereto as Attachment "A" and incorporated herein ("Property"); and WHEREAS, City approved Owner's Program application on 12/16/2022 ; and WHEREAS, under the Program, Owner will make certain improvements to the Property for which Owner will be receiving financial assistance from City and that are more particularly described in the specifications attached hereto as Attachment `B" ("Improvements"); and WHEREAS, pursuant to the Program's terms and conditions, Owner is required to enter into this Agreement to ensure the proper compliance with approval conditions, operational restrictions, maintenance, and upkeep of the Improvements. The Parties therefore agree as follows: Section 1. RECITALS. The Recitals above are true and correct and incorporated into the body of this Agreement by this reference. Section 2. REIMBURSEMENTS. The City shall reimburse the OWNER for the cost of Improvements in the amount of $ 26.346.00 . In exchange for these funds, Owner expressly acknowledges and agrees to the entire terms and conditions of the Program as described in the Program brochure, which are hereby incorporated by reference as though hilly set forth herein. Section 3. NO OTHER ELIGIBLE IMPROVEMENTS. No improvement that is not described on Exhibit B and approved by the City is eligible for the reimbursement. Section 4. COMPLETION OF IMPFtOVEMIENTS, OWNER shall complete all Improvements within one hundred (100) calendar days beginning from the effective date fixed in paragraph 1. Upon completion of the Improvements and upon their final inspection and approval by the City, the OWNER shall submit to the City a property executed and notarized contractor statement showing the hill cost of the work as well as each separate comPon€nt amount due to the contractor and each turd every subcontractor involved in furnishing labor, materials, or equipment necessary to complctc the improvement related work, in addition, the OWNER shall submit to the City Proor or payment of the contract cost pursuant to the contractor's statement and final lien waivers from all contractors and subcontractors, The City shall, within fourteen (14) business days of receipt of the contractor's statement, Proof of payment, and lien waivers, issue a check to the OWNER as reimbursement in the total grant amount stated in SECTION 2 of this agreemcut, Section 5 FAILURE TO COMPLETE. if the OWNER fails to complete the Improveriieats provided for herein in conformity with the approved plans, drawings, and specifications and the terns of this Agreement, then upon written notice being given by the City to Elie OWNER, this Agreement shall terminate with no further action necessary by the City, and the financial or any other obligations on the part of the City tinder this Agreement shall cease and become null and void. Section 6. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND CITY CONDL[1QNS. This Agreement fulfills the requirements set forth in the Program application. The improvements shall substantially Collrorm with all approved development plans and city conditions, as applicable, Section 7, MAINTENANCE AND REPAiR Oi I)4IPROVCMCNTS A. Qngoia> Operitionalf M^tinteuariee conciitiuns In exchange for participation in the agrees to niaititain and repair the Improvements as follows: Program, Owner h€r€by, I, The Improvements shall be maintained in conformance with the standards generaffy applicable to comparable retailtcornmercial businesses located within the City. The improvements shall comply with operational conditions of the Santa Aria Municipal Code (SAMC) applicable during any period(s) of construction or mayor repair (e.g., proper screening and securing of the construction site; implementation aEproper erosion control, ation measure; adherence to approved project phasing etc,). dust control and noise nnitig 2, The improvements shall be ill ongoing compliance with the approved design and construction parameters, signage parameters, and restrictions, as well as landscape designs, as applicable, 3. Ongoing maintenance, repair and upkeep of the ltnprovements shall be provided by the Owner (including but tint liniitecl to eontrols on die proliferation of trash and debris about the property; the proper and timely removal orgraffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, Pedestrian pathwaysiopen space areas, lighting and irrigation fixtures, walls and fencing, landscaping and related landscape improvements, and the like, as applicable). B. City -Right to Conduct Maintenance and Re ap irs. Owner hereby confers upon the City the right but not the obligation to conduct maintenance and repairs on the Improvements as required in this Section 7. Such powers are conferred by Owner on the City for the benefit of the City to provide for the health, safety and welfirc of all persons who use the Improvements or any portion thereof and other persons who reside in the vicinity of the Improvements and the entire City. C. City Right to Enforce. The right and power of the City to enforce the maintenance obligations of Owner herein shafl not be deemed to arise by virtue of this Section 7 alone. Any provision of this Agreement to the contrary notwithstanding, the City may, by public nuisance abatement proceeding, and/or by the initiation of an action at law or in equity, notwithstanding this Section 7, enforce the law as relates to the abatement or etinnination of a public nuisance regarding the Improvements or enforce any provision or conditions of approval of building or development permit issued for the Improvements by the City. It shall be presumed that the City is proceeding under the general municipal policy powers reserved to the City under this Section 7(C) if the City issues a written notice of "Maintenance Deficiency" as this term is defined in Section 7(D) of this Agreement. D. Notice of Maintenance Deficiencies. Upon any failure by Owner to perform any of the maintenance and repair obligations referenced in Section 7(A) (such failure hereinafter referred to as a "Maintenance Deficiency"), the City shall issue written notice of Stich Maintenance Deficiency to Owner. E. Maintenance DeftciencieS. Owner shall comply with any issuance of a Notice of Maintenance Deficiency within the timeframe Specified by the Code Enforcement Division to cure the Maintenance Deficiency identified in such Notice. Within the timeframe specified by the Code Enforcement Division in Clio notice of a Maintenance Deficiency, Owner may submit a written request to the City seeking additional time to cure the Maintenance Deficiency. Fach such written request for additional time shall describe and specify in detail; (i) which tasks require additional time to complete the cure of the Maintenance Deficiency and the reason why such additional time is needed under the circumstances; and (if) what steps Owner have already taken to commence the cure of the Maintenance Deficiency. The City, in its reasonable discretion, may grant, conditionally grant or deny any written request for additional tune as determined by the Code Enforconent Manager. The City shall be tinder no obligation to consider untimely submitted time extension requests or requests which fail to provide any of the information required above. P. Removal of Graffiti. Owner hereby farther covenants and agrees to keep the exterior surfaces of the Improvements located on the Property free and clear of graffiti. Graffiti shall be removed within twernty-four (24) hours following the time of its application. A failure by Owner to remove graffiti within twenty-four (24) hours following its application on any structure, fixture or other improvement located on the Property shed( he deemed to he a Maintenance Deficiency far which no further notice under Section 7(D) needs to be given by the City. G. City May Cure Maintenance Deticiencv. 1. fin the event Owner fails 10 cure a Maintenance Deficiency within the time allowed, the City may enter upon or otherwise access the Property for the purpose of curing the Maintenance Deficiency without further notice to Owner. 2. The foregoing notwithstanding, the City, without notice to Owner, shall have the right to enter the Property and remove graffiti, solid waste, trash, or other debris wider the following two circumstances: (i) a failure by Owner to remove graffiti within twenty-four (24) hours fallowing its application on the Improvements; or (ii) a failure by Owner to remove the accumulation of solid waste, trash, or other debris immediately adjacent to the Improvements that is visible for a duration of twenty- four (24) hours from an adjacent or contiguous public right-of-way or from a designated fire lane on the Property. H. City's Lien AuthoritL. Any sums expended by the City in enforcing, maintaining, repairing or replacing, or curing any element of the Improvements as authorized in Section 7 for which a Maintenance Deficiency has been declared by the City to exist, shall become a lien on the Property subject to enforcement by the City under applicable haw. I. Enforcement of Liens by C The rights conferred upon the City by Owner tinder Section 7 of this Agreement expressly include the power to establish and enforce a lien or other encumbrances against the Property or any portion thereof, subject to all then existing other liens and encumbrances on the Property, in an amount reasonably necessary to reimburse the City for its reasonable costs of the necessary and reasonable costs incurred by the City under Section 7(G) to restore the Improvements to the maintenance standard required under this Section 7, including reasonable attorney's fees and costs of the prevailing party associated with the correction of the Maintenance Deficiency in connection with such action. J. No approval by Owner shall be necessary for the City to establish and foreclose a lien for non-payment of amounts expended by the City to cure a Maintenance Deficiency under Section 7 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance, repair or replacement of any element of tine Improvements tinder Section 7 shall be deemed to be a waiver of the right or power of the City to enforce any subsequent default thereof by Owner. Section R. t"IIItM OP AGREEMEN`C. This agreement shall remain in effect for a period of S years from the Effective Date or the date the Property is no longer owned by Owner, whichever is earlier. Section 4. INTEGRATION. This Agreement contains the entire understanding between the Parties relating to the transaction contemplated by this Agreement, except as otherwise provide([. All prior contemporaneous agreements, Understandings, representations and statements, oral or written, are merged in this Agreement and shall be of no ftrther force or effect. This Agreement constitutes the entire understanding and agreement of the Parties on the subject matter herein, notwithstanding any previous negotiations or agreesrrrents between trhe Parties or their predecessors in interest with respect to all or any part of the subject matter hereof. Section IU. SEVERABILffY. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. A-2022-254-03 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as evidenced by the signatures of the authorized officers of each of them. CITY City of Santa Ana City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: l IV. Jog M. Funk Chief Assistant City Attorney OWNER Name: 'XS AFEG Y t m . Title: MAYOR Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Became Johnathan Ryan Hernandez David Penaloza Thal Viet Phan Benjamin Vazquez Mr. Yim, CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 wvnm.santa-ana orc 12/16/2022 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Thank you for your pre -approval document submission dated September 28, 2022 for the Commercial Property Compliance Assistance Program (CP-CAP). Your application for fagade improvement reimbursement grant was reviewed on December 16, 2022, and has been approved. To receive the estimated reimbursable funds as stipulated in your application, the project as described in your application must be completed no later than one hundred (100) calendar days from the date provided on this Notice of Approval. Approved Improvements: Reliance Paving Inc. ($15,451) — Parking Lot Resurfacing Amore Painting Inc. ($5,090) — Painting Richard Liu Engineering ($1,200) — Other: Plans Grand Total: $21,741.00 Completion Deadline: Sunday, March 26, 2023 To certify the project as described in your application has been completed, you must schedule a final inspection of the improvement with the Code Enforcement officer assigned to the property. The City will verify that the project has been completed. After all requirements have been met, the City will issue a Notice of Completion. To schedule your inspection, please contact Shirley Reyes at (714) 647-5835 or at SReyes@Santa-ana.org. Failure to complete the project as approved in the application and receive a Notice of Completion within one hundred (100) calendar days may result in forfeiture of the award. Proof of payment for the aforementioned improvements and pictures of the completed work must be submitted with the Notice of Completion. SANTA ANA CITY COUNCIL Valane Anne. Jessla �ppaz Thal Vld Phan Banlarm va,i,. Phil Bacema JohnaUan Ryan Hernandez 0.Vd P.W. Mrym Mayor Pm Ter, Wad 3 Wad1 Ward2 Wada Wards YBBIeZva(dsMla-ana.pN slelwaC dsahi ana➢m haha,.A.an1a.a.na by +'� phaCpr2®eaTB-ana.am I1,nherandazie5dnla-ana nlO d ode If you have any questions regarding this notice, please contact Chelsea Shafer at 714-647- 5113 or at CShafer@santa-ana.org Sinc�rgly, M Chelsea Shafer Management Analyst, Planning and Building Agency SANTA ANA CITY COUNCIL Valerie Amezaa Jessie Lepea 1Tal VIa Prom Benjamin Vazquez Pml Bacerra Jennadum Ryan Remandez D.Ad P.M.. Z' Mayor Pm Tem. Wad 3 Word Wdm2 Wad Ward5 Wad 0me,amM5 ana-ana ON MIM RzpZ 8da-aT Q mhM.Arr.a-ana mO CVazeu aD 91290 absana9na om ryannemandez®soma. ana om dnenalozarasana.ane am From: Shafer, Chelsea To: Isaac Youno Cc: Kilroy. Matthew; Zuniaa. Allissa; CP-CAP Subject: RE: Commercial Property Compliance Assistance Program - 1132 W First St - Application ID #133149 - Notice of Pre -Approval Date: Monday, February 6, 2023 3:39:54 PM Attachments: imaae001.ono imaae002.iuo imaae003.ioa Hi Isaac, I have received the following documents to be included in your application: • Revised contractor and estimate/invoice for Paint (RK Painting & Construction); • Contractor and estimate for Landscape (Connor's Landscape); and • Contractor and estimate for fencing (G2 Construction Inc) The approved Improvements in your application are revised as follows: • G2 Construction Inc. ($2,655) - Fencing • Reliance Paving Inc. ($15,451) — Parking Lot Resurfacing • RK Painting & Construction ($3,930)— Painting • Connor'sLandscaping ($3,11O)—Landscaping • Richard Liu Engineering ($1,200) — Other: Engineer Plans Grand Total: $26,346.00 Completion Deadline: Sunday, March 26, 2023 To certify the project as described in your application has been completed, you must schedule a final inspection of the improvement(s) with the Building and Safety Division. The City will verify that the project has been completed. To schedule your inspection, please contact Allissa Zuniga at (714) 547- 5854 or at AZunigalcDSanta-Ana.org. Failure to complete the project as approved in the application and receive a Notice of Completion within one hundred (100) calendar days may result in forfeiture of the award. Proof of payment for all improvements, pictures of the completed work, and invoices must be submitted after the inspection has been completed. Best regards, Chelsea Shafer, ACTCP IS City Analyst I Administrative Services City of Santa Ana I Planning and Building Agency 20 Civic Center Plaza I Santa Ana, CA 92702 (714) 647-51131www.santa-ana.org/pb The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events.