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pursuant to Code of Civil Procedure Section 1263.510 in connection with the City's acquisition of <br />the Fee Interest and the construction of the Project. <br />NOW, THEREFORE, in consideration of the above Recitals and mutual promises, <br />covenants and other conditions set forth herein and to minimize the litigation expenses, costs, and <br />attorneys' fees of the Parties in connection with the City's acquisition of the Fee Interest on the <br />Property and the impact of the acquisition and Project on the Business and the leasehold interest <br />of Business, City and Business agree as follows: <br />1. TOTAL JUST COMPENSATION. The "Total Just Compensation" that the <br />City will pay to Business, payable in cash through this Agreement, as the total consideration for <br />the impact of the City's acquisition of the Fee Interest on the Property and construction of the <br />Project on the leasehold interest of Buyer in the Property and the loss of business goodwill of <br />Business shall be the sum of: <br />FIFTY THOUSAND DOLLARS AND NO CENTS <br />($50,000.00) <br />Nothing herein shall be construed as a sale by Business to the City of Business or its assets <br />2. RECORDING. Recordation of any documents delivered through this <br />Agreement is authorized, if necessary or proper. <br />3. CERTIFICATION OF OWNERSHIP. Business Owner hereby warrants <br />and certifies under penalty of perjury that Business Owner is the owner of the Business operated <br />on 2246 S. Cedar Street, Santa Ana, CA 92707. <br />4. DISMISSAL OF EMINENT DOMAIN PROCEEDING. Business Owner <br />hereby consents to the full or partial dismissal of any eminent domain proceeding that the City has <br />or may file for the condemnation of any portion of the Fee Interest in the Property and waives any <br />claims for just compensation, costs, attorneys' fees, damages and deposits in said proceeding, or <br />any claim of Business that Business may claim in such proceeding in connection with the <br />acquisition of any portions of the Fee Interest on the Property, the interests of Business in and to <br />any portion of the Fee Interest, leasehold interest of Business, and loss of business goodwill <br />whatsoever that might arise out of the filing of such proceeding, whether or not such claim is <br />specifically identified herein. <br />5. CLOSING; PURCHASE PRICE ADJUSTMENTS. "Closing" means the <br />closing by the satisfaction of the conditions and payment as required by this Agreement. Subject <br />to the satisfaction of the conditions precedent below, Closing is to occur Ninty (90) days after the <br />Effective Date of this Agreement. The Closing of this transaction will take place when the City <br />issues payment to Business of the Total Just Compensation set forth in Section 1 above. The City <br />will coordinate with Business the transmittal of the payment to Business at least three (3) business <br />days before the Closing. <br />6. FULL AND COMPLETE SETTLEMENT AND RELEASE. Business <br />hereby acknowledges that the compensation paid to Business through this Agreement constitutes <br />the frill and complete settlement of any and all claims of Business against the City, by reason of <br />