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<br />, <br /> <br />Page I of3 <br /> <br />d~5U1j,~NCL NUl il[QUlillli <br />WORK WI! PPOCFEli <br />CLEIiK OF COUNCIL <br />DATE: :2 - 13- 06 <br /> <br />,.} .?o"5-I~f - IV)- <br /> <br />Dr. Pomeroy, DDS and Avelino and Stella Gochicoa <br />AMENDED AGREEMENT <br /> <br />This Agreement ("Agreement") is made on Pd!. 3."Wo<t> by and between the City of <br />Santa Ana ("City"), Dr. Pomeroy and Avelino and Stella Gochicoa ("Tenant"). City, <br />and Tenant are hereinafter sometimes referred to collectively as 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 of the <br />remaining settlement agreement, the City agreed to pay Dr. Pomeroy and A velino <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 modifY the Vacation Date as specified in the June 20, 2005 <br />"Acquisition Settlement Agreement." <br /> <br />NOW, THEREFORE, Parties hereto agree as follows: <br /> <br />I. Vacation Date. Tenant agrees to vacate the property on or before March 1, <br />2006, which includes quiet and peaceful possession of said real property, including <br />removal of all personal property. Tenant will pay to the City $1,0000 per month rent, <br />beginning January 1, 2006. All utilities, maintenance, insurance and operating costs <br />associated with the Property, will be the responsibility of the Tenant. <br /> <br />2. Occupancy. Tenant shall provide evidence of the Insurance as outlined in <br />paragraph 3 of this agreement. <br /> <br />3. Insurance and Additional Insured. Tenant shall provide the below described <br />insurance documentation to the legal counsel of City. Tenant must maintain such <br />insurance to the Vacation Date, and maintain insurance as described below: <br /> <br />a. Commercial General Liability Insurance. Tenant shall maintain <br />commercial general liability insurance naming the Agency, its officers, employees, <br />agents, volunteers and representatives as additional insured(s) and shall include, but not <br />be limited to protection against claims arising from bodily and personal injury, including <br /> <br />