HomeMy WebLinkAboutSONG LEE SURVIVOR'S TRUSTINSURANCE NOT REQUIRED
WORK MAY PROCEED
CITY CLERK
A-2022-254-15
DATE: FEB 2 3 2024
D% P a R co) CITY OF SANTA ANA
cpt . Pc W&� AAOr COMMERCIAL PROPERTY COMPLIANCE ASSISTANCE PROGRAM
PROGRAM BENEFITS AND PROPERTY MAINTENANCE AGREEMENT
This PROGRAM BENEFITS AND PROPERTY MAINTENANCE AGREEMENT
("Agreement") is effective upon 6/21/2023 ("Effective Date"). This Agreement is entered into by
and between the City of Santa Ana ("City") and the Song Lee Survivor's Trust ("Owner").
RECITALS
WHEREAS, The American Rescue Plan Act ("ARPA") was signed into law in March
2021. ARPA provides funding for a number of different programs, including the Coronavirus State
and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments
respond to, mitigate, and recover from the COVID-19 public health emergency; and
WHEREAS, On July 20, 2021, The Santa Ana City Council authorized the City Manager
to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive
Santa Ana Spending Plan, which includes five spending categories: recovery from the pandemic,
direct assistance programs, public health and safety, critical infrastructure, and city fiscal health;
and
WHEREAS, On June 21, 2022, The Santa Ana City Council authorized the Executive
Director of the Building and Planning Agency to Implement the Property Compliance Assistance
Program and begin accepting applications for economic relief funds; and
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 2220 W First St a 110 S center St
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 3/27/2023 ; 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. COMPLIANCE WITH LAW. Owner acknowledges that the funds being
provided by City for said program are received by City pursuant to ARPA, and that
distribution and expenditure of these ARPA SURF Funds shall be in accordance with
ARPA and all pertinent regulations issued by agencies of the federal government, including
but not limited to, all regulations found at Title 24 of the Code of Federal Regulations.
Owner agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation and administration of said program, whether or not referred to
in this agreement.
Section 3. REIMBURSEMENTS. The City shall reimburse the OWNER for the cost
of Improvements in the amount of $ 50,000.00. 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
fully set forth herein.
Section 4. NO OTHER ELIGIBLE IMPROVEMENTS. No improvement that is not
described on Exhibit B and approved by the City is eligible for the reimbursement.
Section 5. COMPLETION OF IMPROVEMENTS. 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 full cost of the work as well as each separate
component amount due to the contractor and each and every subcontractor involved in
furnishing labor, materials, or equipment necessary to complete the improvement related
work. In addition, the OWNER shall submit to the City proof of 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 3 of this agreement.
Section 6. FAILURE TO COMPLETE. If the OWNER fails to complete the
Improvements provided for herein in conformity with the approved plans, drawings, and
specifications and the terms of this Agreement, then upon written notice being given by
the City to the 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 under this
Agreement shall cease and become null and void.
Section 7. COMPLIANCE WITH APPROVED DEVELOPMENT PLANS AND
CITY CONDITIONS. This Agreement fulfills the requirements set forth in the Program
application. The hnprovements shall substantially conform with all approved development
plans and city conditions, as applicable.
Section 8. MAINTENANCE AND REPAIR OF IMPROVEMENTS.
A. Ongoing Operational/ Maintenance Conditions. In exchange for participation in the
Program, Owner hereby agrees to maintain and repair the Improvements as follows:
1. The Improvements shall be maintained in conformance with the standards generally
applicable to comparable retail/commercial businesses located within the City. The
Improvements shall comply with operational conditions of the Santa Ana
Municipal Code (SAMC) applicable during any period(s) of construction or major
repair (e.g., proper screening and securing of the construction site; implementation
of proper erosion control, dust control and noise mitigation measure; adherence to
approved project phasing etc.).
2. The Improvements shall be in 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 Improvements shall be provided by
the Owner (including but not limited to controls on the proliferation of trash and
debris about the Property; the proper and timely removal of graffiti; 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 pathways/open 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 Repairs. 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 8. Such powers are conferred by Owner on the City for the benefit of the
City to provide for the health, safety and welfare 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 shall not be deemed to arise by virtue of this Section 8 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 8, enforce the law as relates to the abatement or elimination of a public nuisance regarding
the Improvements or enforce any provision or conditions of approval of a 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 8(C) if the City
issues a written notice of "Maintenance Deficiency" as this term is defined in Section 8(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 8(A) (such failure hereinafter referred to
as a "Maintenance Deficiency"), the City shall issue written notice of such Maintenance
Deficiency to Owner.
E. Maintenance Deficiencies. 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 the notice of a Maintenance Deficiency, Owner may submit a written
request to the City seeking additional time to cure the Maintenance Deficiency. Each 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 (ii) 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 time as determined by the Code
Enforcement Manager. The City shall be under no obligation to consider untimely submitted time
extension requests or requests which fail to provide any of the information required above.
F. Removal of Graffiti. Owner hereby further 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 twenty-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 shall be deemed to be a Maintenance Deficiency for
which no further notice under Section 8(D) needs to be given by the City.
G. City May Cure Maintenance Deficiency.
1. In the event Owner fails to 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
under the following two circumstances: (i) a failure by Owner to remove graffiti
within twenty-four (24) hours following 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.
IL City's Lien Authority. Any sums expended by the City in enforcing, maintaining,
repairing or replacing, or curing any element of the Improvements as authorized in Section 8 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 law.
I. Enforcement of Liens by City. The rights conferred upon the City by Owner under
Section 8 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 8(G)
to restore the Improvements to the maintenance standard required under this Section 8, 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
8 of this Agreement. No failure by the City to enforce any default pertaining to the maintenance,
repair or replacement of any element of the Improvements under Section 8 shall be deemed to be
a waiver of the right or power of the City to enforce any subsequent default thereof by Owner.
Section 9. TERM OF AGREEMENT. This agreement shall remain in effect for a
period of 5 years from the Effective Date or the date the Property is no longer owned by
Owner, whichever is earlier.
Section 10. INTEGRATION. This Agreement contains the entire understanding
between the Parties relating to the transaction contemplated by this Agreement, except as
otherwise provided. All prior contemporaneous agreements, understandings,
representations and statements, oral or written, are merged in this Agreement and shall be
of no further force or effect. This Agreement constitutes the entire understanding and
agreement of the Parties on the subject matter herein, notwithstanding any previous
negotiations or agreements between the Parties or their predecessors in interest with respect
to all or any part of the subject matter hereof.
Section 11. SEVERABILITY. 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.
Section 12. AMENDMENT. No amendment, modification or supplement of this
Agreement shall be valid or binding unless executed in writing and signed by both Parties.
Section 13. NOTICES. All notices permitted or required under this Agreement shall be
given to the respective Parties at the following addresses, or at such other address as the
respective Parties may provide in writing for this purpose:
2220 W First &
110 S Center St
Santa Ana CA, 92704
Attn:
Song Lee
CITY:
City of Santa Ana
Planning and Building Agency, M-20
PO Box 1988
Santa Ana, CA 92702
(714) 647-5804
PlanningDepartment@santa-ana.org
Section 14. COUNTERPARTS. This Agreement may be executed in counterparts,
each of which shall be of equal force and effect.
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
By:
om Hatch
Interim City Manager
ATTEST:
SONG LEE SURVIVOR'S TRUST
By:_
Name: Song Ja Lee
Title: Trustee
By.
Jennifer al
erk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney
Attachment A
LEGAL DESCRIPTION: Northerly 39.84 Feet Of Lot 39 And All Of Lot 40 Of Tract 2752, As Per Map'
Recorded In Book 79, Pages 30 And 31 Of Miscellaneous Maps, In The Office Of The County Recorder Of
Orange County, California.
COMMONLY KNOWN AS: 110 S. Center St, Santa Ana, CA 92703
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Attachment B
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Subject m-CAP Final Notice of Approval - 2220 W First St
Date: Monday, March 27, 2023 10:18:00 AM
Attachments: fJl Annmval NnfiHraHnn IXP 7i23.otlf
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PPm,mm Paraft, and Pmaxal Ma nta,m, Anrpamanr Mir
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Dear Song Lee,
Thank you for your pre -approval application confirmation dated March 27, 2023, for the Commercial Property
Compliance Assistance Program (CP-CAP). Your application for facade improvement reimbursement grant was
reviewed on March 27, 2023, 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: Prosper Architects. - $8,343.20 (Architectural Features)
Jaco Paintings and Concrete Coatings.—$2,600.00 (Fencing)
Empire Parking Lot Services. - $2,727.00 (Parking lot resurfacing)
FixaCal. - $1,700.00 (Lighting)
World of Color Painting. — $9,860.00 (Painting)
Framework Construction $ Remodeling — $37,660.00 (Other — Trash Enclosure)
Grand Total:$62,890.200)
(1) Estimates for improvements exceed the program maximum. Eligible applicants will not receive more than the $50,000 maximum per
property.
Total Approved:$50,000.00
Completion Deadline: Wednesday, July 5, 2023
To certify the project as described in your application has been completed, you must schedule a final inspection of
the improvement with the Building Safety Division. The City will verify that the project has been completed. Aker
all requirements have been met, the City will issue a Notice of Completion.
To schedule your inspection, please contact Allissa Zuniga at (714) 647-5854 or at AZuniga@santa-ana.org
When improvements have been completed, applicants are required to submit the following:
• Signed Program Benefits and Property Maintenance Agreement (Attachment A),
• Completed W-9 for the applicant (Attachment B);
• Check statements and invoices for the approved improvements and;
• Pictures of the improvements,
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.
If you have any questions regarding this notice, please contact Chelsea Shafer at 714-647-5113 or at
CShafer@santa-ana.org
Best regards,
Chelsea Shafer, ACTCP
Management Analyst I Administrative Services
City of Santa Ana I Planning and Building Agency
fe 20 Civic Center Plaza I Santa Ana, CA 92702
(714)647-51131www.santa-ana.org/pb
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