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INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK DATE: JUN 0 3 2024 N-2024-177 Project: Warner Avenue Improvement Project (Oak St. to Grand Ave.) - Phase 2 APN: 016-214-12 Business Owner: Virginia Ambriz Mommy Vicky's Daycare SETTLEMENT AND LOSS OF BUSINESS GOODWILL AGREEMENT AND GENERAL RELEASE (Mommy Vicky's Daycare, 2246 S. Cedar Street, Santa Ana, CA 92707) THIS SETTLEMENT, AND LOSS OF BUSINESS GOODWILL AGREEMENT AND GENERAL RELEASE (Mommy Vicky's Daycare, 2246 S. Cedar Street, Santa Ana, CA 92707) ("Agreement") is made and entered into by and between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("City"), and Virgina Ambriz ("Business Owner") doing business as Mommy Vicky's Daycare ("Business") for the settlement of any and all claims of Business relating to the impacts of the Warner Avenue Improvement Project (Oak St. to Grand Ave.) - Phase 2 on the business goodwill or leasehold interest of Business. City, Business and Business Owner may be referred to below collectively as the "Parties". This Agreement is effective on the date it is fully executed by the Parties ("Effective Date"). RECITALS A. City is acquiring the real property located at 2246 S. Cedar Street, Santa Ana, CA 92707, and identified as Orange County Tax Assessor's Parcel Number(s) 016-214-12 ("Property") in connection with the Warner Avenue Improvement Project (Oak St. to Grand Ave.) -Phase 2 ("Project"). The Property is owned by Virginia G. Ambriz, an unmarried woman. The Property is more particularly described on EXHIBIT "A" attached hereto and incorporated herein by this reference. B. Specifically, the City is acquiring the full fee interest (collectively "Fee Interest") on the Property. City has negotiated and fully executed purchase of the Property from Virginia G. Ambriz, Agreement A-2022-237, which was approved on December 13, 2022. The instant Agreement relates only to the Business and does not in any way modify the prior Agreement for purchase of the Property Fee Interest. C. Business utilizes approximately 50% of the interior and exterior of the Property and operates a home based childcare on the premises. D. The City and Business wish to enter into this Agreement to set forth the terms of settlement of any and all claims of Business in connection with the impact to Business's leasehold interest in the Property and any loss of business goodwill that Business claims or may claim