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HomeMy WebLinkAboutVARGAS, VICTORIA BASTIDARENTAL AGREEMENT (Loss of Rents) This AGREEMENT, made and entered into this 2r day of '2017 by and between the property owner, Victoria Bastida Vargas ( the "Owner"), and the CF1CV OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("City"). WHEREAS, Owner and City are in negotiations for City's acquisition from Owner of certain real property located in the City, which is legally described in Exhibit "A", attached hereto and incorporated herein ("Subject Property"). WHEREAS, the Subject Property consists of a single lot of real property commonly known as 2205 S. Bristol St, Santa Ana, CA 92704 (APN#:015-194-24). WHEREAS, 2205 S. Bristol. St, Santa Ana, CA 92704 was occupied by former tenants, who have since vacated the Subject Property. WHEREAS, the former tenants of 2205 S. Bristol St, Santa Ana, CA 92704 vacated the property prior to the date of this Agreement, on the date set forth in Section 1 below. WHEREAS, City has asked Owner not to rent 2205 S. Bristol St, Santa Ana, CA 92704 to new tenants and is willing to compensate Owner for Owner's loss of rent resulting from Owner's agreement to keep 2205 S. Bristol St, Santa Ana, CA 92704 vacant during Owner's negotiations with the City, all as described in more detail below. 4 WHEREAS, Owner and City also desire to agree that, the Subject Property will remain vacant, and the Owner will not re -rent that property and City will make a monthly payment to Owner to compensate Owner for Owner's loss of rents, all as described in more detail below. WHEREAS, it is the desire of the City to minimize or avoid incurring costs, damages, obligations or liabilities pursuant to any applicable federal, state or local relocation laws or regulations, including without limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4201-4655, the implementing regulation thereto set forth in 49 CFR Part 24, Government Code Section 7260, et seq. and/or the implementing regulations thereto set forth in Title 25, section 6000, et seq. of the Code of Regulations (collectively "Relocation Costs") as a result of City's acquisition of the Subject Property, or any portion thereof, and Owner desires not to lose rental income during the period of negotiations between Owner and City for City's acquisition of the Subject Property. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the City and the Owner agree as follows: 1. The City will pay directly to Owner on the first of cach month following the date of this Agreement, the amount set forth below for the vacant Subject Property. Unit Identification Rental Rate Vacation Date 2205 S. Bristol St $2,000 4/6/17 Victoria Bastida Vargas $2,000 per month lost rent amount for Subject Property INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL I}Az—� d 2. In addition to the amounts set forth in Section 1, following the full execution of this Agreement, City will pay the following amounts to Owner: a. $2,000 for each full month 2205 S. Bristol St, Santa Ana, CA 92704 was vacant prior to the date of this Agreement, plus b. the rent for a partial month's period shall be prorated on the basis of a 30 -day month. The payment provided to Owner pursuant to this Section 2 is intended to compensate Owner for the Owner's lost rents from 2205 S. Bristol St, Santa Ana, CA 92704, beginning on the Vacation Date stated in Section 1 above and ending on the date of this Agreement. 3. In consideration for the payments to be made under this Agreement, Owner will hold the Subject Property vacant and not re -rent or allow any occupancy of the Subject Property. 4. Should Owner, in violation of Section 3 herein, re -rent or allow any occupancy of Subject Property, Owner shall be liable to the City and shall indemnify the City and hold the City harmless for and against any and all costs, damages, liabilities and/or expenses, including attorneys' fees and expert witness fees, incurred by the City in enforcing the terms of this Agreement. 5. The City shall not call on Owner to make any special improvements to the Subject Property, but Owner hereby specifically covenants and agrees to keep the property in good order and condition, in compliance with all applicable federal, state and local laws, including the City of Santa Ana Municipal Code, at Owner's cost and expense. 6. Owner reserves the right to enter onto and inspect the Subject Property, and to make any necessary repairs to the Subject Property, in accordance with tenant leases, as applicable. 7. Any payment payable hereunder for any period of time less than one (1) month shall be determined by prorating the monthly rental rates set forth in Section 1, based on the actual number of days in the month. 8. All notices required herein, or which may otherwise be given by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: To the Owner at: Victoria Bastida Vargas 2848 Augusta Way Santa Ana, CA 92706 cc: Peterson Law Group 19800 MacArthur Blvd Suite 290 Irvine, CA 92612 To the City at: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Attn: Jason Gabriel Nothing shall preclude the giving of such written notice by personal service. 9. This Agreement shall terminate automatically on the earlier to occur of (a) the date the City acquires legal title to the Subject Property or (b) the date the City acquires legal possession to the Subject Property by means of a court order of pre -judgment possession in an eminent domain proceeding.. 10. No amendments or modifications to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on either of the parties hereto. 11. The terms and conditions of this agreement shall be binding upon the heirs, assigns, successors and personal representatives of the parties hereto. (SIGNATURES ON FOLLOWING PAGE) IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as of the date first above written. OWNER CITY., ._ Victoria Bastida Vargas CITY OF SANTA ANA, a charter city and municipal corporation duly or ga ized under the }�% BY �i C qtr Constitution and laws of the Sta off California Its::..,_ Q&,2YL%?r"" �e (Zz d Cynt ' J. Kurtz, I e im City Mafager By: Its: ATTEST: Maria D. Huizar, Cd Clerk Approved as to Form: s f'L�— In M. Funk, Assistant City Attorney M EXHIBIT "A" LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 193 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015-194-24