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<br />!l-J005--/I~ -01 <br /> <br />" <br />r Page 1 of3 <br /> <br />DR. POMEROY, DDS AND A VELlNO AND STELLA GOCHICOA <br />ACQUISITION AND RELOCATION <br />DISBURSEMENT OF FUNDS AGREEMENT <br /> <br />This Agreement ("Agreement") is made on ~~oio( by and between the City of <br />Santa Ana ("City"), Dr. Pomeroy ("Tenant") d velino and Stella Gochicoa <br />("Owner"). City, Tenant and Owner are hereinafter sometimes referred to collectively as <br />the "Parties". <br /> <br />RECITALS <br /> <br />A. Tenant operates a business commonly known as Dr. Pomeroy Dental Office, and <br />Owner operates a business commonly known as Dental Management Services. <br />Both businesses occupy the real property and improvements located at 117, 119, <br />& 123 S. Bristol, Santa Ana, CA, which shall be referred to herein as the <br />"Property" . <br /> <br />B. The City acquired the Property on August 18,2005, for $990,000. As part ofthe <br />remaining settlement agreement, the City agreed to pay Dr. Pomeroy and Avelino <br />and Stella Gochicoa $279,270 as outlined in the June 20, 2005 "Acquisition <br />Settlement Agreement" and $30,730, as specified in the June 20,2005 "Business <br />Self-Move Agreement." <br /> <br />C. The Parties desire to clarify a payment schedule of the remaining monies, as <br />outlined in Paragraph C above, and set forth-additional rights and obligations with <br />regard to all Parties. <br /> <br />NOW, THEREFORE, Parties hereto agree as follows: <br /> <br />1. Consideration <br /> <br />(a) City agrees to pay to Tenant and Owner a combined sum of <br />$279,270, referenced in the June 20, 2005 "Acquisition Settlement <br />Agreement" as follows: upon execution of this agreement, expedite <br />processing an advance payment of $165,000, with the remaining <br />acquisition payment of $114,270, paid upon verification that all <br />occupants have vacated the Property. Monies outlined in this <br />paragraph will be paid in accordance with paragraph l(c) of the <br />"Acquisition Settlement Agreement." <br />