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HomeMy WebLinkAboutFLORES, PHILLIP AND AVALONEJC:ms 4/19/79 12i a AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PHILLIP A. FLORES AND AVALON M. FLORES THIS AGREEMENT, made and entered into this �- t day of 19zz, by and between the City of Santa Ana, a municipal corporation of the State of California, hereinafter referred to as "CITY" and Phillip A. Flores and Avalon M. Flores, husband and wife, hereinafter referred to as "PARTICIPANTS," RECITALS: W I T N E S S E T H 1. PARTICIPANTS reside in and own a dwelling in an area within the City of Santa Ana popularly known as the "Logan Community," which dwelling has been identified as substandard in physical condition. 2. CITY is desirous of improving the housing stock in the Logan Community by replacing certain substandard residential units with rehabilitated residential units. 3. PARTICIPANTS desire to enter an agreement with CITY to demolish PARTICIPANTS' substandard dwelling and cause a dwelling to be moved onto PARTICIPANTS' property and rehabilitated. WHEREFORE, 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: A. CONVEYANCE PARTICIPANTS agree to convey and CITY agrees to accept from PARTICIPANTS, on the terms and conditions herein stated, all of the physical structures, including, but not limited to, the residential structure, garage, and all outbuildings, located on that certain real property in the City of Santa Ana, County of Orange, commonly described as 1312 North Logan Street, and more particularly described in "Exhibit A" -1- attached hereto and by this reference made a part hereof, hereinafter referred to as "said real property." PARTICIPANTS agree to provide egress and ingress rights upon said real property to CITY, its officers, employees, and agents for the purpose of effectuating the terms and conditions of this agreement. B. EXISTING DEBTS CITY shall deposit into escrow an amount necessary to pay and discharge these certain debts owed by PARTICIPANTS, in the approximate total amount of Three Thousand Two Hundred Eighty Five Dollars ($3,285.00), consisting of approximately $2,772.00 owed to Postal Finance, Account No. 075-024-627384 and approximately $513.00 owed to AVCO Finance, Account No. 1005376. The escrow officer shall be instructed to forthwith pay and discharge said debts upon receipt of funds from CITY. The amount necessary to pay and discharge said debts shall remain the obligation of PARTICIPANTS to be repaid pursuant to the provisions of Section F hereinbelow. C. DEMOLITION CITY shall cause the demolition and removal of all structures on said real property upon PARTICIPANTS' vacating said real property, for the purpose of affixing a rehabilitated dwelling thereon. All costs of demolition and removal shall be at the sole expense of CITY and shall not be charged to PARTICIPANTS. D. TEMPORARY RELOCATION PARTICIPANTS shall accept temporary rent free housing at a mutually acceptable location within the City of Santa Ana. CITY shall pay all costs of moving to and removal from said temporary housing, but PARTICIPANTS shall reimburse CITY for the cost of utilities consumed thereof by PARTICIPANTS. Further, PARTICIPANTS agree to remove from said temporary housing within thirty (30) days after a Certification of Completion has been issued for the rehabilitated dwelling on said real property. -2- E. REHABILITATED STRUCTURE CITY shall enter into an agreement with Mead Housing Assistance Foundation (hereinafter referred to as "Mead"), which said agreement is attached hereto as "Exhibit B" and incorporated herein by reference, on behalf of PARTICIPANTS, to move the dwelling presently located at 1431 Martha Lane, Santa Ana, and to affix and rehabilitate said dwelling to said real property. PARTICIPANTS agree to be bound by all applicable terms and conditions contained in "Exhibit B." F. FINANCING PARTICIPANTS agree to apply to the Housing Authority of the City of Santa Ana for a home improvement loan in the approximate amount of Thirty-three Thousand Dollars ($33,000.00) to be evidenced by a promissory note and deed of trust to be executed by PARTICIPANTS in the form shown in "Exhibit D" attached hereto. The proceeds of said loan, to the extent necessary, shall be used to pay MEAD for moving and rehabilitating said dwelling pursuant to "Exhibit B" and to defray, in part, PARTICIPANTS' further obligations pursuant to this agreement. PARTICIPANTS agree to execute also a promissory note and deed of trust in the form specified in "Exhibit C" attached hereto to secure the difference between the loan secured in the foregoing paragraph and the cost to CITY of discharging the debts stated in paragraph B hereinabove and any and all other costs to CITY of effectuating this agreement not expressly herein assumed by CITY. Said note and deed of trust shall be subordinate to the promissory note and deed of trust referred to in the preceding paragraph, and shall comply with California Civil Code §§ 2953.1 et seq. G. ESCROW CITY shall open an escrow with an escrow agent mutually satisfactory to CITY and PARTICIPANTS as soon as possible after the effective date of this agreement. This agreement constitutes joint escrow instructions of the CITY -3- and PARTICIPANTS. CITY and PARTICIPANTS shall provide such additional escrow instructions as shall be necessary and consistent with this agreement. CITY shall deposit all escrow fees, charges and costs within ten (10) days of close of escrow. Such escrow fees, charges and costs shall be charged to PARTICIPANT as part of the debt evidenced by the promissory note and trust deed in favor of CITY as provided in Section F hereinabove. H. TITLE INSURANCE PARTICIPANTS shall procure a California Land Title Association standard coverage policy of title insurance in an amount necessary to insure the interest of the Housing Authority of the City of Santa Ana for the note and deed of trust in the form shown in "Exhibit D" and the interest of the City of Santa Ana for the note and deed of trust in the form shown in "Exhibit C," showing title in the name of PARTICIPANTS. The cost of said policy of title insurance shall be a debt of PARTICIPANT and shall be paid in accordance with paragraph's F and 6 hereinabove. I. TIME IS OF THE ESSENCE Time is of the essence of this agreement. J. INCORPORATION This agreement contains all of the agreements of the parties hereto with respect to the matters contained herein, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. No provision of this agreement may be amended or added to except by agreement in writing signed by the parties hereto. -4- IN WITNESS WHEREOF, the parties hereto have executed this contract on the date and year first above written. RHILLIP,,,,A. FLORES AVA LON M. FLORES "PARTICIPANT" ATTESTS CITY OF SANTA ANA, a municipal corporation of the State of (�*,California APPROVED AS TO FORM: "CITY" CITY ATTORNEY