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<br />A-2005-042A <br /> <br />":'j, ii'i <br /> <br />J <br /> <br /> <br />,..\ <br /> <br />IIJ <br /> <br />'. ,-, --:l LJ-05' <br />',ICC' ",,---r <br />Page I of9 <br /> <br />O:Pw~ <br />(f. lli1JiltS) <br /> <br />APOLLO MUFFLER & RADIATOR SERVICES, INC. <br />ACQUISITION SETTLEMENT AGREEMENT <br /> <br />This Agreement ("Agreement") is made on L,~ -tJ.5" by and between the City of <br />Santa Ana ("City"), and Chris and Candace Chou mas ("Tenant"). City and Tenant <br />are hereinafter sometimes referred to collectively as the "Parties". <br /> <br />RECITALS <br /> <br />A. Tenant operates a business commonly known as Apollo Muffler & Radiator <br />Services, Inc. and is the occupant of real property and improvements located at <br />1249 W. First Street, Santa Ana, CA 92701, more specifically described in <br />Exhibit "A", Legal Description, attached hereto and made a part hereof, which <br />shall be referred to herein as the "Property". Tenant is not the owner of the real <br />property. <br /> <br />B. The Property is located within the Project Area for the Bristol Street Widening <br />from Pine Street to Third Street and the City intends to acquire the Property for a <br />public use. <br /> <br />C. The Parties' rights and obligations with regard to the acquisition of the Property <br />by City are in dispute. The Parties desire to establish their respective rights and <br />obligations with regard to the acquisition of the Property by City upon the terms <br />and conditions set forth below. <br /> <br />NOW, THEREFORE, Parties hereto agree as follows: <br /> <br />I. Consideration <br /> <br />(a) City agrees to pay to Tenant the sum of $63,270 (Sixty-Three <br />Thousand Two Hundred Seventy Dollars). <br /> <br />(b) Said amount is to be paid to Tenant after both of thc Parties have <br />executed this agreement and after Tenant has completely vacated the <br />Property and has signed and delivered a Certificate of Abandonment to the <br />City. <br /> <br />( c) Tenant agrees that receipt of full payment ofthe consideration <br />noted in section I (a) above will constitute full satisfaction of any and all <br />of City's obligations to Tenant, including, without limitation, any <br />obligations for loss of business goodwill, leasehold interest, compensation <br />for personal property, Improvements Pertaining to Realty as described in <br />Exhibit "B", and/or damages of any nature. <br />