CONTRACT 3280 C-1 Other3260
RECORDING REQUEST BY
WHEN RECORDED MAIL TO:
City of El Segundo
City Clerk's Office
350 Mail Street
El Segundo, CA 90245
TITLE(S)
FOR
Residential Sound Insulation Program Agreement CA 90245
Laura R. Au and Broderick Walter, 770 West Imperial Avenue, Unit #28, El Segundo,
EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE § 6103
Contract Number: 3280 C -1
City of E1 Segundo
Residential Sound Insulation Program
Agreement
This agreement is entered into this 23rd day of March, 2005 by and between the City of
El Segundo, a general law city and municipal corporation ( "City "), and Laura R. Au
and Broderick Walter, individuals owning real property located at 770 West Imperial
Avenue, Unit #28 ( "Owner ").
1. RECITALS
This agreement is made with reference to the following facts and objectives:
A. Owner wishes to participate in the RSI Program which is made available to
persons owning eligible real residential property within the City's jurisdiction.
B. RSI Program is designed to mitigate noise generated by Los Angeles International
Airport ( "LAX ") by installing sound insulation materials into residential buildings
located within City's jurisdiction.
C. RSI Program will fund up to eighty percent (80 %) of the cost for labor and
materials associated with installing sound insulation into those buildings that
qualify for the RSI Program. Owner understands that Owner is responsible for all
remaining costs, depending upon various factors identified in this Agreement.
2. DEFINITIONS
Unless the contrary is stated or clearly appears from the context, the following definitions
will govern the construction of the words and phrases used in this Agreement.
A. "RSI Program" means the City's Residential Sound Insulation Program as
adopted by the City;
B. "RSI Project" means the process (including design, administration, and
construction) for completing the RSI Improvements;
C. "RSI Improvements" means the constructed and installed materials designed to
mitigate the impact of noise;
D. "The Property" means real property owned in fee simple by Owner.
3. UNDERSTANDING REGARDING THE RSI PROGRAM
By signing this Agreement, Owner certifies that Owner understands the manner in which
the RSI Program is funded and administered. Owner further acknowledges that Owner
received written program materials regarding the RSI Program and is fully informed
regarding Owner's obligations if Owner participates in the RSI Program.
4. CONTROL OVER THE RSI PROGRAM AND PROGRESSION OF RSI
PROJECT
Owner understands and agrees that City has sole discretion over all aspects of the RSI
Program including, without limitation, scheduling the timing of Owner's RSI
Improvements on the Property. Owner should not have any expectation, nor does Owner
have any right to demand, an immediate start to RSI Improvements upon signing this
Agreement. City will use its best efforts to equitably and expeditiously implement the
RSI Program, but will not be liable for any failure to do so.
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5. PROJECT COORDINATION AND SUPERVISION
James S. O'Neill is designated as City's Program Coordinator and will monitor the
progress and execution of this Agreement. Laura_ R. Au is designated as Owner's
Representative.
6. NOTICES
All communications to either party by the other party will be deemed made when
received by such a party at its respective name and address, as follows:
City
City of El Segundo
Attn: James O'Neill
RSI Program
350 Main Street
El Segundo, California 90245
Owners
Laura R. Au & Broderick Walter
770 West Imperial Avenue
Unit #28
El Segundo, California 90245
Any such written communications by mail will be conclusively deemed to have been
received by the addressee upon deposit thereof in the United States Mail, postage prepaid
and properly addressed as noted above. In all other instances, notices will be deemed
given at the time of actual delivery. Changes may be made in the names or addresses of
persons to whom notices are to be given by giving notice in the manner prescribed in this
paragraph.
7. APPROXIMATE COSTS FOR TERMINATING PARTICIPATION IN THE RSI
PROGRAM
Typical costs for early termination are set forth below follow for purposes of example
only. The actual cost for early termination may vary significantly depending on the RSI
Improvement plans for the Property.
Project Stage
Approximate Cost
Up to (and including) Architectural Visit:
$2,500 __
Up to (and including) advertisement for Construction__
_ _ $2,500
Up to (and including) ordering of RSI Improvements:
$15,000 _
Contractor has begun installation of RSI Improvements:
$10,000
TOTAL:
$30,000
8. DISALLOWED COSTS
RSI Program does not pay for costs associated with temporary or permanent relocation of
persons or property from the Property. Owner understands and agrees that Owner is
solely responsible for any such costs.
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Contract Number: 3280 C -1
9. OWNER'S COSTS FOR PARTICIPATION IN THE RSI PROGRAM
A. Five hundred dollars ($500.00) upon executing this Agreement with the City.
This payment represents 20% of the costs to be incurred by the City for design
costs (Design Consultant fees) and for RSI Program management and
administration costs.
B. Five hundred dollars ($500.00) upon acceptance of design plans for the Dwelling.
This payment represents 20% of the costs to be incurred by the City for
advertising Contractor bids for construction; remaining RSI Program management
and administration costs; and construction monitoring (permit costs, inspections,
and construction consultant fees).
C. Twenty percent (20 %) of Bid Price (construction costs) for RSI Improvements
and one hundred (100 %) of any City approved "Owner Upgrades." This
represents the price determined by the successful bidding contractor to construct
and install the specified RSI Improvements and costs for any extra items
requested by the Property Owner and approved by the City to be included in the
Plans.
D. Twenty percent (20 %) of the total costs if the final sum exceeds the Bid Price.
This represents additional costs incurred by the City for items not included in the
Bid Price, yet determined necessary for the completion of construction due to
unforeseen conditions that could not have been known at the time of design.
10. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
The City acquires funding from the Community Development Commission (CDC) for
Property Owners who qualify as "low to moderate" income families, based on current
income levels. This funding source can be used for owners of single family dwellings
and condominiums to cover construction costs related to RSI Improvements. Owners of
single family dwellings are eligible for up to $8,000 and owners of condominium
dwellings are eligible for up to $6,000.
❑ This property has qualified for CDBG funding as of
Date
CDBG Program Administrator
® This property has not qualified for CDBG funding.
11. INSURANCE
Owner will maintain Homeowner's Insurance throughout the term of this Agreement in
an amount not less than $100,000 per occurrence for bodily injury and property damage.
Owner agrees to provide City with copies of insurance certificates and endorsements
showing coverage.
12. PROHIBITION AGAINST ADDITIONAL WORK
Owner agrees that Owner will not make alterations to the Property or engage any
contractor for any work during the time of the RSI Project.
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13. STRUCTURAL DEFECTS AND ILLEGAL CONSTRUCTION
Owner understands and agrees to repair any structural defect(s) on the Property during
the term of this Agreement identified by City, the Design Consultants, or its Contractor,
as necessary to continue the RSI Project. Such repair will be accomplished at Owner's
sole cost. Should Owner fail to perform such repair, and such failure interferes with the
timely progression of the RSI Project, City may either suspend the RSI Project or
terminate this Agreement. Structural defects include, without limitation, dry rot, termite
damage, illegal construction, or other physical damage.
14. LICENSE TO ENTER OWNER'S PROPERTY
A. Owner grants City's representatives the right to access the Property subject to the
following requirements:
i. Individuals permitted access are limited to City's appointed officers,
consultants, employees, and contractors that are directly concerned with
administering the RSI Program and with the RSI Improvements.
ii. Owner also grants City's building inspectors the right to access the
Property to inspect the construction of RSI Improvements and to
determine whether the RSI Improvements meet the requirements of
applicable law.
iii. City's representatives will schedule appointments with Owner to enter
onto the Property.
iv. If Owner rents out the Property, Owner agrees to take all steps reasonably
necessary for City's representatives to gain entry to the Property.
V. Owner, or Owner's representative, will accompany City's representatives
during all pre- construction entries onto the Property.
B. Owner also agrees to allow City's representatives to enter Property not later than
ninety (90) days after City files a Notice of Completion to evaluate the
effectiveness of the RSI Improvements.
15. HOLD HARMLESS
A. Owner will hold City, and its agents, harmless and free from any and all liability
arising out of this Agreement, or its performance, including any such liability
caused, in part, by the passive negligent act or omission of City, or its agents.
Should City, or its agents, be named in any suit, or should any claim be against it,
or any of its agents, by suit or otherwise, whether the same be groundless or not,
arising out of this Agreement, or its performance, pursuant to this Agreement,
Owner will defend City (with counsel satisfactory to City), and its agents, and
will indemnify them for any judgment rendered against them or any sums paid out
in settlement or otherwise.
B. For purposes of this section "City" includes City's elected officials, appointed
officers, and employees.
C. It is expressly understood and agreed that the foregoing provisions are intended to
be as broad and inclusive as is permitted by the law of the State of California and
will survive termination of this Agreement.
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16. EARLY TERMINATION
Owner may terminate this Agreement at anytime. Owner understands that, upon
terminating this Agreement, Owner will not receive any cost off -set, reimbursement, or
the RSI Program eighty percent (80 %) contribution. Rather, Owner will be solely
responsible for paying one hundred percent (100 %) of the RSI Improvement costs
incurred up to the date of termination. Approximate costs of early termination are listed
in Section 7, above.
17. SALE OF OWNER'S PROPERTY DURING RSI IMPROVEMENTS
Owner's conveyance of the Property before completing the RSI Project constitutes an
Early Termination under Section 16 of this Agreement unless the following occurs:
A. This Agreement is assigned to the buyer, with City's consent, and buyer agrees to
the terms and conditions in this Agreement by written amendment; and
B. Owner places funds equal to Owner's costs, if any, under this agreement into
escrow and agrees by separate agreement to remain obligated for any remaining
costs; and
C. City determines, in its sole discretion, that there is sufficient funding in the RSI
Program to pay for RSI Improvements on the Property after Owner's conveyance.
18. CITY'S TERMINATION
A. City may terminate this Agreement with or without cause. Except as provided
herein, City will not be liable to Owner for any damages that might arise from
such termination. Should City terminate without cause, City agrees to provide
Owner with those plans and specifications, or other documents (if any), necessary
for Owner to continue installation of RSI Improvements.
B. Should City terminate this Agreement for cause, including, without limitation,
Owner's failure to pay Owner's share of RSI Project costs, City may, in its sole
discretion, determine that such actions constitutes an Early Termination by Owner
as set forth in Section 16 of this Agreement.
C. Owner agrees that nothing in this Agreement is intended to, nor will it, obligate
City to continue the RSI Project should federal, state or local funding become
unavailable. Should any funding sources, including, without limitation, Owner's
contribution, become unavailable to City for continued funding of the RSI
Project, this Agreement will automatically terminate. City will notify Owner as
soon as practicable regarding such termination, but in no event later than fifteen
(15) days following such an event.
D. Should this Agreement automatically terminate, Owner will be responsible for
Owner's share of the RSI Project costs up to the date of termination. Should
Owner choose to continue with the RSI Project, Owner will be responsible for all
actions associated with the RSI Project including, without limitation, cost.
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19. MAINTENANCE
Owner agrees to assume the responsibility for maintenance and operation of the RSI
Improvements after City files a Notice of Completion. Neither the FAA nor the City
bears any responsibility for the maintenance and operation of these items.
The property owner's right to sue the owner of Los Angeles International Airport for
adverse noise impact will be abrogated if the property owner deliberately or willfully acts
to reduce or destroy the effectiveness of the noise compatibility measures during the
useful life of such measures. This obligation must remain in effect throughout the useful
life of the noise compatibility measures, but not to exceed twenty (20) years from the date
of the City's acceptance of Federal aid for the project.
20. WARRANTIES
A. City does not make any warranties express or implied regarding the RSI
Improvements. City represents, however, that it will require manufacturers and
t, . - +- +-ro +n nrn.,;rle the fhUnwing warranties to Owner:
Materials
Length of Warrant
Windows
10 years minimum
Wood doors
Storm Doors (if applicable) — - --
Sliding glass doors __
Mechanical devices (HVAC equipment)
5 years minimum
- - - - --
Electrical devices
—
Installation
1 year
B. Manufacturers and contractors will provide a copy of these warranties to Owner
after the City files a Notice of Completion.
C. This Section is not intended to, nor will it, limit any right Owner may acquire
pursuant to any warranty. Moreover, this Section is not intended to limit any
rights Owner may have under any contract between City and its consultants or
contractors.
21. ASSIGNABILITY
This Agreement may not be assigned without City's prior written consent. Any attempt
to assign this Agreement without City's consent will constitute an Early Termination
under Section 16 of this Agreement.
22. INTERPRETATION
This Agreement was drafted in, and will be construed in accordance with the laws of, the
State of California and exclusive venue for any action involving this Agreement will be
in Los Angeles County.
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23. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding of the parties. There are no other
understandings, terms or other agreements expressed or implied, oral or written. This
Agreement will bind and insure to the benefit of the parties to this Agreement and any
subsequent successors and assigns.
24. WAIVER
In no event will any payment or any acceptance of payment by City hereunder constitute
or be construed as a waiver by City or Owner of any breach of covenants or conditions of
this Agreement or any default which may then exist on the part of City or Owner, and the
making of any such payment while any such breach or default exists will in no way
impair or prejudice any right or remedy available to City or Owner with respect to such
breach or default.
25. AUTHORITY/MODIFICATION
The Parties represent and warrant that all necessary action has been taken by the Parties
to authorize the undersigned to execute this Agreement and to engage in the actions
described herein. This Agreement may be modified by written amendment. City's city
manager may execute any such amendment on behalf of City.
26. RECORDATION
The Parties agree that a copy of this Agreement will be recorded, at City's cost, in the
Los Angeles County Recorder's office.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first
hereinabove written.
CITY OF EL SEGUNDO:
r T'S
tirin, City Manager
r
ATTEST
(44t-ZNW� ��
Cindy M rtesen, City Cletrk
APPROVED AS TO FORM:
KARL H. BERGER,
ASSISTANT CITY ATTORNEY
March 15, 2005
(Signature required for changes)
OWNERS:
our R. Au
Broderick Walter
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Contract Number: 3280 C -1
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State of California
SS.
County of Los Angeles
On ,% before me
personally appeared
Laura Au and Broderick Walter,
personally known to me
® proved to me on the basis of satisfactory evidence
to be the persons whose names are subscribed to the within instrument and acknowledged to me
that they executed the same in their authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which the persons acted, executed the
instrument.
,ITNESS my hand and official seal.
Signature of tary PutLli
MONICA OROZCO
Commission # 1328667
Notary Public - California
Los Angeles County
0MVComm.Exj**s Nov 5, 2005
Place Notary Seal Above
June 17, 2005
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
On June 17, 2005, before Cathy Domann, Deputy City Clerk, personally appeared
Mary Strenn, City Manager of the City of El Segundo, personally known to me to
be the person whose name is subscribed
same in her authorized capacity, and
acknowledged to me that she executed th
that by her signature on the instrument the person, or entity upon behalf of
which the persons acted, executed the instrument.
Witness my hand and Official Seal
J
Cathy mann, Deputy City Clerk
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