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HomeMy WebLinkAboutDE LEON, ELEAZAR-2010IrYSi.1nRNC t A-2003-278 CLERK Ji ..1uiti'1 AGREEMENT FOR REIMBURSEMENT OF COSTS OF REPLACEMENT WINDOWS THIS AGREEMENT (hereinafter the "Agreement"), dated November 18, 2010 for reference purposes only, is made and entered into by and between Eleazar De Leon, 1019 E Avalon Avenue, (hereinafter "Owner"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). ?3- RECITALS A. The Southern Califomia Regional Rail Authority ("SCRRA") constructed a second main railroad track from La Veta Avenue in Orange, south to Seventeenth Street in Santa Ana. B. SCRRA and the City entered into a Settlement Agreement A-2003-005, (hereinafter "said Agreement") whereby both parties agreed to install and construct certain improvements to (? g enhance the character and appearance of the community in the Project Area. Those enhancements include installation of double pane windows for homes facing the railroad on the west side of Lincoln Avenue in Santa Ana. C. Owner owns that certain property located at 1019 E Avalon Avenue, (hereinafter "Property") and desires to replace those windows at the Property which face the railroad. OWNER is paying all or part of the cost of the work to be performed with funds provided by the City of Santa Ana ("City) pursuant to said Agreement. WHEREFORE, for and 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: OWNER agrees, at its sole cost and expense, to contract with a California licensed general contractor, to install double pane, sound insulating windows to replace those windows on said Property which face the railroad on the west side of Lincoln Avenue, as set forth in Exhibit A, attached hereto. a. OWNER, or his designated contractor, shall install the replacement windows in conformance with the specifications listed in Exhibit B, attached hereto. b. Upon completion of the installation, Owner shall request City Public Works verification of window replacement. . 2. Upon City review and acknowledgement of the replacement window installation, CITY shall, issue to OWNER, a check in the amount of Written Amount, $2200 which is the actual cost of replacement for identified windows meeting the minimum requirements set forth in exhibit B. 3. OWNER hereby acknowledges that receipt of CITY'S payment in the amount of $2200 fully satisfies CITY'S obligation regarding installation of double pane windows at Owner's property. 4. INDEPENDENT PARTIES. Owner, in contracting for replacement windows, is acting as an independent party and not as an agent or employee of City. Nothing contained in this Agreement will be deemed or construed for any purpose, to establish, between the parties, a partnership or joint venture, a principal-agent relationship, employee-employer relationship or any relationship other than City and Property Owner. 5. This Agreement is intended to benefit only the City and Owner and no other person or entity has or shall acquire any rights hereunder. 6. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Owner and City. This Agreement constitutes the entire Agreement between the City and Owner and supersedes all prior understandings and Agreements between the parties with respect to the subject hereof. This Agreement may be modified only in writing, signed by both parties hereto. 7. All Exhibits referenced herein and attached hereto shall be incorporated as though fully set forth in the body of this Agreement. OWNER: Eleazar De Leon 1019 E Avalon Avenue CITY OF SANTA ANA David N. Ream, City Manager Date: f (- f $ , 2010 Date: t/- 1 9? -12010 Date: 4a- i? ' / y , 2010 ATTEST: Maria D. Huizar, Clerk oft ouncil APPROVED AS TO FORM: 4l'" Joseph W. Fletcher ity Attorney RECOMMENDED FOR APPROVAL: r Raul Godinez Executive Director, ?'blic Works NOV/18/2010/THU 09.54 AM AVW Orange FAX No,714 9971025 P•001/001 American CORPORATE OFFICE ORANGE OFFICE SAN JOSH / SACRAMENTO OFFICE Vision 2125-A N, Madera Rd. Simi Valley, CA 93065 548 W. Katel(a Avenue 365 Reed St., Suite B Orange, CA 92867 Santa Clara, CA 95050 VVd1d0 is 888.740-3600 FAX: 805.582.9414 889.565.0008 FAx:714.997.1035 866.611.9365 FAX: 408.617.0905 ceewu.n u..1*60792e See the Dlffaranca ¦ Scheduling: 888.920-6777 r purchasing: 888-920.6555 a Service! 888-920 . 7222 Vlsllus at: www.AmerlcanvlslonWfndowa,com ,/ , Win ¦ow Contract -Ec?tf-ast-#vr-•6ot?tF•>?ctien-i41a#aFial?ft-vf - 1.?(_ "t, i .. II - j Name L?i as, of Indow 9rands O Antin A New Vision Address / {ty State {Zip ?? JA `? q b3 Ar ass 8 Mtlgard © Great Lakes O Orepac - Home Phone Business Phone ?eIt Phone O JT 0 Other Products Simultaneous Purchased Emait addre;s• Job Address me as above ? Windows ? Texcote ? Window Covering ? Other: Source ?? C1 r D city State Zlp ? Entry Door I ! ? Kitchen / Bath Item No Room Size Style Frame Mcolor ? Hr Glass Type Grids 'COMMENTS W 1 H Vnri A uM C 0 F18 WO W?T?S GAS Lo-E?TEMP CBS Flat ScIp?STPI VG 01 Kit> 7 I -- - 9 ail 7! 10 12 PL 4t d & 14 - - 7- - 44 "- - -_---- - -- I cn _+ - 16 - -- - - - - - 7 ------- -- -- -- -...._..._.- - -- -r - - 7 ti I = - j ----- cr --?b^"`l•,AW.'.L,.V..L-'_l.,u'!F`_`a.`-'-"-T. ?G[A .eJ r COn5truction 15 12 Parmlt .-L??/fZ' r ?/? ?71? /°L?C? ?l ?iCt.s /f7J driest wu, s .,_ .,<9. Price: Total contract price for all materials, labor and taxes, includin g all applicable discounts: $ Payment: Contract price shall be aid as follows: 10% or $1,000 deposit (whkhaver °'1 la lma) When contract signed <71 ? 40% due at n me 50% rem remaining balance ' asure sion due at completion duo at r ? Cash Check No. ? Visa ? Master Card ? American Ex rags ? Discover ? Finance Amount Financed: Card No. Exp Date Sec Code This Contract Includes as marprrat tprmc ••TO - - - - ?, m?a?nva nereco. Cancellation or Contract by Contractor: Contractor can cancel this Contract at any time for any reason including but not limited to pricing errors, design errors or if in UntraCtor's sole dlscretlon Contractor determines that the scope of work described in the Contract is beyond what Contractor can reasonably perform. Contractors are required by law to be licensed and regulated by the Contractors State License Board, which has jurisdiction to investigate complaints against contractors, it a complaint regarding a patent act or omission is filed within four years of the date of alleged violation. A complaint regarding a patent ad or omission pertaining to structural defects must be filed within 10 years of the alleged violation. Any questions concerning the contractor may be referred to the Registrar, Confractors Stale License Board, Post Office Box 26000, Sacramento, CA 98526. Wood and Wood Finish (Paint or Stein) Color Variation: Due to the nature of all wood and wood finish products, Owner acknowledges that wood and wood flNshes will vary in color, texture and tone. Owner agrees that Contractor is not and will not be 11010 for vanallons of any kind that are inherent In wood and wood finish products. By signing this Contract, Owner acknowledges that Owner has received the wood Charactedstics and Finish Awareness Acknowledgement AVWISNOTresponsiblefor. • . , • Removal and reinstallation of security bars Initial Owner / Buyer Signature Date ratio ature • Removal and reinstallation or cDMecGOn of any window wessonee • Pain{ing or staining is not included Owner / Buyer Signature Date alesperson/Res # • Fermits are not Included • Reinstallation or connection of any alarm maehanisms