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<br />A-2005-042B <br /> <br />.... <br />" <br /> <br />, '" <br />?>A-i::l 5 <br />'I PAGE 1 OF 23 <br /> <br />0", Pwjl. <br />C1~\ <br /> <br />ApOLLO MUFFLER & RADIATOR SERVICES, INC. <br />BUSINESS SELF-MOVE AGREEMENT <br /> <br />It is hereby understood and agreed by Apollo Muffler & Radiator Services, Inc. ("Claimant") and the <br />City of Santa Ana ("City") that the amount to be paid to the claimant for the relocation of all <br />equipment, stock, inventory, and other items of personal property itemized on the "Certified Inventory" <br />(Exhibit A) and not acquired with the real property is Four hundred Twenty Thousand Two <br />Hundred Ninety Six and 83/100 dollars ($420,296.83). <br /> <br />The terms are as follows: <br /> <br />1. No claim for payment shall be honored by the City until the Apollo Muffler & Radiator <br />Services, Inc. has certified that the items listed in the "Certified Inventory" (Exhibit "A") <br />were actually relocated to a replacement site. <br /> <br />2. Ifupon inspection by a representative of the City, any portion ofthe items on the "Certified <br />Inventory" (Exhibit "A") were not relocated, an appropriate reduction in the agreed amount <br />shall be made by the City. <br /> <br />3. The claim for payment must be submitted within eighteen (18) months of the date of <br />moving from the acquired premises. This total relocation payment paid to Claimant cannot <br />exceed the amount as outlined on the Exhibit "B." <br /> <br />4. The claimant shall allow a designated representative for the City to monitor the move as it <br />sees fit, and such monitoring shall not carry with it any liability or responsibility on the part <br />of the City or its representative. <br /> <br />5. Neither the City or any employee, officer, or agent thereof shall be responsible for any <br />damage or liability occurring by reason of anything done or omitted to be done by Claimant <br />under or in connection with the agreement. It is also understood and agreed that the <br />Claimant shall fully indemnifY and hold the City and their designated representative <br />harmless for any liability imposed by injury or damage to property occurring by reason of <br />anything done or omitted by Claimant in connection with this agreement. <br /> <br />6. All notices, requests, demands and other communications required or permitted to be given <br />under this Agreement shall be in writing and shall either be delivered in writing personally <br />or be sent by regular or certified first class mail, postage prepaid, deposited in the United <br />States mail, and properly addressed to the party at its address set forth below, or at any <br />other address that such party may designate by written notice to the other party: <br /> <br />To City: City of Santa Ana <br />Public Works Agency <br />Souri Amirani <br />20 Civic Center Plaza M-36 <br />Santa Ana, CA 92702 <br />