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HomeMy WebLinkAboutHEARTHSTONE, INC.A1AY0 R R. W. l.uxeml:)0urger VICE MAYOR Daniel E. Griset COUNCILMEMBERS JoE4n Acosta Gordon Bricken P. Lee johnson Patricia A. McGuigan Dan Young October 24, 1983 CITY OF SAN TA ANA. ALL-AMERICA CITY 1982-83 CITY MANAGER A.). Wilson CITY ATTORNEY Edward J. Cooper CLERK OF THE COUNCIL Janice C. Guy Hearthstone Investment Co. 2231 East Santa Clara Santa Ana, CA 92705 RE: TENANT RELOCATION AGREEMENT Enclosed for your records is a signed copy of your agreement with the City of Santa Ana, approved by the City Council at its meeting on October 10, 1983, and executed accordingly. CLERK OF 'SHE' COUNCIL Nuncy 4erk On DAsst. of the Council - lg _ Enclosure 20 CIVIC CENTER PLAZA 0 P.O. BOX 1988 SANTA ANA. CALIFORNIA 92702 I'ELEPHONT (714) 83.3-4�+1.16 TENANT RELOCATION ASSISTANCE AGREEMENT 1. Parties. This Tenant Relocation Assistance Agreement (the "Agreement") dated for identification purposes January 25, 1983, is entered into by and between the City of Santa Ana, a municipal corporation of the State of California ("City") and Hearthstone Investment Co., a California limited partner- ship ("Hearthstone"). 2. Recitals. 2.1 The Project. Hearthstone owns Hearthstone Apartments, a one hundred twenty two (122) unit apartment project (the "Project") located at 2231 East Santa Clara Avenue, Santa Ana, California, more particularly described as set forth on Exhibit "A" attached hereto and incorporated herein by this reference. 2.2 Conversion. Hearthstone intends to convert the Project from an apartment complex to a single phase resi- dential condominium development. 2.3 The Map. City has approved Tentative Tract Map No. 10948 (the "Map") in connection with the proposed conversion of the Project into condominiums. JLC51E 012683 2.4 Relocation Assistance. As a condition of approval of the Map, City requires that Hearthstone enter into this Agreement to ensure that Hearthstone shall provide certain relocation assistance for the benefit of the tenants in the Project. 2.5 Satisfaction of Conditions. City and Hearth- stone desire to execute this Agreement in full satisfaction of all of the requirements of the Santa Ana Municipal Code and the conditions of approval of the Map with respect to providing the tenant relocation assistance set forth here- inbelow. 3. Moving Expense Reimbursement. City and Hearthstone acknowledge and agree that only those persons whose names are set forth on Exhibit "$" attached hereto and incorporated herein by this reference are currently residents of units in the Project and are "tenants" as defined by Section 34-348 of the Santa Ana Municipal Code ("Tenants"). Any Tenant who electq nnf- t-- purchase pursuant to the "exclusive right to purchase" set forth in Section 66427.1(d) of the California Government Code, who is displaced from the Project by reason of the conversion of the Project to condominiums, and who continues to reside in a unit in the Project until receipt of the "One JLC51E 012683 2. Hundred and Eighty (180) Day Notice of Intention to Convert" (the "Notice of Intention to Convert") required by Sec- tion 66427.1(c) of the California Government Code shall be entitled to receive from Hearthstone an allowance for the moving expenses incurred by such Tenant as a result of the conversion of the Project to condominiums in the amount of One Thousand Dollars ($1,000.00) (the "Moving Expense Reim- bursement"). In the event more than one Tenant occupies one unit in the Project and such Tenants are displaced by reason of the conversion of the Project to condominiums and continue to reside in the Project until receipt of the Sec- tion 66427.1(c) notice, then the Moving Expense Reimbursement shall be divided among them. 4. Tenant Longevity Bonus. Each Tenant who resided in a unit in the Project at the time the final subdivision map is approved by City and who continues to reside in the unit until such time as the Notice of Intent to Convert is given, shall be en- titled to receive from Hearthstone a bonus in an amount equal to Five Hundred Dollars ($500.00) times the number of years any such Tenant has resided in a unit in the Project (the "Tenant Longevity Bonus"). The calculation of the Tenant Longevity Bonus shall be prorated to take into account a fractional portion of any year of residency. For example, a JLC51E 012683 3. Tenant who has resided in the Project for five years and seven months will be entitled to receive $2,791.69 (five times $500 equals $2500 plus seven times $41.67 equals ($291.69). The time of residency of a Tenant for the pur- poses of calculating the Tenant Longevity Bonus shall com- mence as of the date of the initial occupancy of such Tenant of a unit in the Project and shall continue during the con- tinuous residency in the Project of such Tenant through the date when such Tenant vacates the Project pursuant to the Section. 66427.1(c) notice referred to in Paragraph 3, or purchases the unit in accordance with Paragraph 7. In the case where more than one person resided together in the unit in the Project and such persons otherwise qualify, the Tenant Longevity Bonus will be divided equally among them or as they may agree. The Tenant Longevity Bonus shall be paid to the Tenant at the time the unit is sold following the Initia- tion of Marketing (defined in Article 5) . 5. Elderly Rental Program. City and Hearthstone acknowledge and agree that each Tenant who is sixty-six (66) years of age and older ("Elderly Tenants") at the time of the issuance of the sub- division report by the Department of Real Estate pursuant to Section 11018.2 of the Business and Professions Code (the "Initiation of Marketing") shall qualify as elderly for the JLC51E 012683 4. application of the "Elderly Rental Program." Hearthstone agrees that following recordation of the final subdivision map approved by City (the "Conversion Date") twenty percent (20%) of the condominium units shall be reserved and made available for rental to Elderly Tenants for a period of three years following such Conversion Date. Hearthstone shall give written notice to all Tenants at least one year prior to the Conversion Date of Hearthstone's intention to convert and from and after such notice Hearthstone will accept reser- vations from Elderly Tenants for the Elderly Rental Program. From and after such notice, Elderly Tenants shall be entitled to reserve the right to rent the Elderly Rental Housing units. If the number of Elderly Tenants who apply for rental housing units exceeds the total number of the condominium units in the Project subject to the Elderly Rental Program, then the acceptance of the applications will be in an order of priority based upon, the applicants' longevity as Tenants in the Project computed from the initiation of occupancy through the Conversion Date. 6. Tenant Assistance Coordinator. Hearthstone shall employ and provide a "Tenant Relocation Coordinator" who will maintain a directory of available rental units in the area and who will assist Tenants in locating new residences. The directory shall J JLC51E 012 683 5