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Home My WebLink AboutPOMEROY, WILLIAM & GOCHICOA, AVELINO & STELLA 2B , Page I of3 d~5U1j,~NCL NUl il[QUlillli WORK WI! PPOCFEli CLEIiK OF COUNCIL DATE: :2 - 13- 06 ,.} .?o"5-I~f - IV)- Dr. Pomeroy, DDS and Avelino and Stella Gochicoa AMENDED AGREEMENT This Agreement ("Agreement") is made on Pd!. 3."Wo<t> by and between the City of Santa Ana ("City"), Dr. Pomeroy and Avelino and Stella Gochicoa ("Tenant"). City, and Tenant are hereinafter sometimes referred to collectively as the "Parties". RECITALS A. Tenant operates a business commonly known as Dr. Pomeroy Dental Office, and Owner operates a business commonly known as Dental Management Services. Both businesses occupy the real property and improvements located at 117, 119, & 123 S. Bristol, Santa Ana, CA, which shall be referred to herein as the "Property" . B. The City acquired the Property on August 18,2005, for $990,000. As part of the remaining settlement agreement, the City agreed to pay Dr. Pomeroy and A velino and Stella Gochicoa $279,270 as outlined in the June 20, 2005 "Acquisition Settlement Agreement" and $30,730, as specified in the June 20, 2005 "Business Self-Move Agreement." C. The Parties desire to modifY the Vacation Date as specified in the June 20, 2005 "Acquisition Settlement Agreement." NOW, THEREFORE, Parties hereto agree as follows: I. Vacation Date. Tenant agrees to vacate the property on or before March 1, 2006, which includes quiet and peaceful possession of said real property, including removal of all personal property. Tenant will pay to the City $1,0000 per month rent, beginning January 1, 2006. All utilities, maintenance, insurance and operating costs associated with the Property, will be the responsibility of the Tenant. 2. Occupancy. Tenant shall provide evidence of the Insurance as outlined in paragraph 3 of this agreement. 3. Insurance and Additional Insured. Tenant shall provide the below described insurance documentation to the legal counsel of City. Tenant must maintain such insurance to the Vacation Date, and maintain insurance as described below: a. Commercial General Liability Insurance. Tenant shall maintain commercial general liability insurance naming the Agency, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including Amended Agreement Page 2 00 death resulting there from and damage to property, resulting from any act or occurrence arising out of Tenant's operations, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1 ,000,000 per occurrence. Tenant shall supply the City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and such insurance must be approved in form by the City's Legal Counsel. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. The following requirements apply to the insurance to be provided by Tenant pursuant to this section: (i) Tenant shall maintain all insurance required above in full force from the close of escrow to the Vacation Date. (ii) Certificates of insurance shall be furnished to the City on or before the close of escrow and shall be approved in form by the City's legal counsel. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 4. Other Terms. Upon 24 hours notice, Tenant hereby grants to the City, or their representatives, the right to enter the Property, to complete a lead and asbestos survey on the exiting building site. This survey information is needed to assess the environmental requirements necessary, before demolition of the building site can begin in April 2006. 5. Notices All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered in writing personally or be sent by telegram or by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other party: To City: City of Santa Ana, Public Works Agency Souri Amirani 20 Civic Center Plaza M-36 Santa Ana, CA 92702 Amended Agreement Page 3 of3 With copy to: To Tenant/Owner: L. Eugene HalIsted Attorney at Law 10101 Slater Avenue, Suite 103 Fountain Valley, CA 92708 20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. FOR: Dr. William Pomeroy, DDS Dental Offices (iit.~ ? FO . 1/]8/06 Date Tax ID Number 551-46-0878 Tax ID Number 1/18/06 Date A .-, :~ OF12~1t2--- David N. Rea City Manager A~ ,;. , :td -~ tat;?c~e~~- Clerk of the Council Dated APPROVED AS TO FORM: Joseph W. Fletcher City Atto ney BY: Attorney