POPULAR MEDICAL CLINIC & GASTON & RUTH CILLIANI LIVING TRUST 1 - 2007

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. ;;l) t)'.~~ (j- .10VGf'~ G"D~ ","-'- ;~~~ t'- :::::;O::J <:;) 0-0::0 '0 ~CL,U~ cr>u..O ;-.-40 o:E ...... Z:::.:::~ tJ.J cr: LL..l ex: UQ-.Jo.. ~ 3- c.J c:::c cr: => V} z: L.U l- e-,: <.:> A-2007-077 ACQUISITION SETTLEMENT AGREEMENT This Acquisition Settlement Agreement ("Agreement'") is made and entered into on Apv-. I '7- ,2007 between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "City'" or "Buyer'"), and Popular Medical Clinic Inc., a California corporation (hereinafter "Clinic'"), and The Gaston and Rnth Cilliani Living Trnst, dated Febrnary 31, 1991, of which Gaston and Ruth Cilliani are the named Co- Trustees (hereinafter "Owner'"). City, Clinic and Owner are hereinafter sometimes collectively referred to as the "Parties'". RECITALS A. Clinic operates a business commonly known as the Popular Medical Clinic and is the occupant of the real property and improvements located at 420 S. Bristol Street, Santa Ana, California, more specifically described in Exhibit "A", Legal Description, attached hereto (hereinafter the "Property'"). The Gaston and Ruth Cilliani Living Trust, dated February 31, 1991 is the fee owner of the Property. B. The Property is located within the Area of the Bristol Street Widening Project from Pine Street to McFadden Avenue and City intends to acquire a portion of the Property for a public use. C. The Parties' rights and obligations with regard to the acquisition of the Property by City are in dispute. The Parties desire to establish their respective rights and obligations and to resolve any and all existing disputes with regard to the acquisition of the Property by City upon the terms and conditions as hereinafter set forth. NOW THEREFORE, in addition to the compensation outlined in the Purchase and Sale Agreement For Acquisition of Real Property and Bilateral Escrow Instructions (hereinafter "PSA'"), the Parties agree as follows: I. Consideration A. City agrees to pay to Clinic the sum of Seventy Five Thousand and No/I00 Dollars ($75,000) as compensation for any and all loss of business goodwill, leasehold interests, personal property, severance damages, and any and all other damages associated with the purchase of the Property by City from Owner. B. Said amount is to be paid after the Parties have executed this Agreement and after Clinic has completely vacated the Property, and after all Tenants have signed and delivered a Certificate of Abandonment to the City. Said amount, as identified in paragraph A will be paid within 14 days of the City's receipt and acceptance of the Certificates of Abandonment Acquisition Settlement Agreement Page 1 of7