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POPULAR MEDICAL CLINIC & POPULAR PHARMACY & GASTON & RUTH CILLIANI LIVING TRUST 1 - 2007
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POPULAR MEDICAL CLINIC & POPULAR PHARMACY & GASTON & RUTH CILLIANI LIVING TRUST 1 - 2007
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Last modified
1/3/2012 2:21:21 PM
Creation date
4/24/2007 4:27:01 PM
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Contracts
Company Name
POPULAR MEDICAL CLINIC & POPULAR PHARMACY & GASTON & RUTH CILLIANI LIVING TRUST
Contract #
A-2007-076
Agency
PUBLIC WORKS
Council Approval Date
4/2/2007
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<br />)iiSUfI,lt"i Ii: <br />, 'Ie v :.' .,I(jCLL.: <br />eLl.:!,,\ Of CUvr\1ClJ. <br /> <br />DATE: APR 1 0 2007 <br /> <br />, Nit (;iI) This BUSINESS RELOCA nON AGREEMENT (hereinafter "Agreement"), entered into on <br />O. A(ffi 1"2 ,2007, between the City of Santa Ana, as charter city and municipal <br />U(. :Ji:lVj~ corporation duly organized under the Constitution and laws of the State of California (hereinafter <br />"City"), and Popular Medical Clinic, a California corporation (hereinafter "Clinic"), and Popnlar <br />Pharmacy, a sole proprietorship owned by Diana Nguyen (hereinafter "Pharmacy"), and the Gaston <br />and Ruth Cilliani Living Trust, dated February 31,1991 (hereinafter "Owner" or "Trust"), by and <br />through Gaston and Ruth Cilliani, Co-Trustees ofthe Trust. The City, Clinic, Phannacy and Trust shall <br />be collectively referred to as the "Parties", and the Clinic and Pharmacy, together, shall collectively be <br />referred to as "Relocation Benefit Claimants" or "Claimants". <br /> <br />A-2007-076 <br /> <br />BUSINESS RELOCA nON AGREEMENT <br /> <br />RECITALS <br /> <br />A. Clinic operates a business commonly known as the Popular Medical Clinic, and is an occupant <br />of real property and improvements located at 420 S. Bristol Street, Santa Ana, California, <br />more specifically described in Exhibit "A", attached hereto (hereinafter "Property") . <br /> <br />B. Pharmacy operates a business commonly known as Popular Pharmacy, and is an occupant of <br />real property and improvements located at the Property. <br /> <br />C. The Property is located within the Area of the Bristol Street Widening Project from Pine Street <br />to McFadden A venue and the City intends to acquire a portion of the Property for a public use. <br /> <br />D. The Parties' rights and obligations with regard to the Relocation Benefits associated with and <br />pertaining to the acquisition of the Property by City are in dispute. The Parties desire to <br />establish their respective rights and obligations with regard to the Parties' Relocation Benefits <br />pertaining to the acquisition of the Property by City upon the terms and conditions set forth <br />below. <br /> <br />NOW, THEREFORE, in addition to the compensation to be paid by City to Owner, as referenced in the <br />Purchase and Sale Agreement and Bilateral Escrow Instructions (hereinafter "PSA"), the Parties agree <br />as follows: <br /> <br />A. The Claimants, collectively, are entitled to Relocation Benefits in the total sum of Two <br />Hundred Fourteen Thousand and NO/lOO Dollars ($214,000). <br /> <br />B. Relocation benefits referenced in paragraph A, above, shall be paid to Owner. Owner and <br />Claimants agree that these monies shall be used to prepare Claimant's replacement site and <br />shall be used to move Claimant's business property into the replacement site. <br /> <br />C. Payment of relocation benefits referenced in paragraph A & B, above, shall constitute the full <br />and complete payment of any and all relocation benefits owed by City to Owner and/or <br />Claimants. <br /> <br />D. Payment by City to Owner will be paid upon the occurrence ofthe following: <br /> <br />Business Relocation Agreement <br />Page I of5 <br />
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