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25J - 1003 S BRISTOL ST
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25J - 1003 S BRISTOL ST
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Last modified
1/3/2012 4:33:56 PM
Creation date
1/30/2008 10:54:04 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25J
Date
2/4/2008
Destruction Year
2013
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ACQUISITION SETTLEMENT AGREEMENT <br />This Acquisition Settlement Agreement ("ASA") is entered into on 2008 <br />between the City of Santa Ana, a charter city and municipal corporation duly organized and <br />existing under the Constitution and laws of the State of California ("City"), and In Boun Kim, <br />Yoon Seo Howang, Y. S. Howang, Rim Youn Seo and Mo Youn Hyun ("Tenants"). City and <br />Tenants may collectively be referred to in this ASA as the "Parties." <br />RECITALS <br />A. City is the fee owner of 1003 South Bristol Street, Santa Ana, California <br />("Property"). <br />B. Tenants operate a business on the Property commonly known as Bank's Liquor, and are <br />the occupants of the real property and improvements located on the Property, more <br />specifically described in Exhibit "A", Legal Description, attached hereto. <br />C. The Property is located within the Area of the Bristol Street Widening Project from Pine <br />Street to McFadden Avenue and City previously acquired the Property for a public use <br />("Project"). <br />D. The Parties' rights and obligations with regard to Tenant's entitlement to relocation and <br />other displacement benefits are in dispute. The Parties desire to establish their <br />respective rights and obligations upon the terms and conditions as hereinafter set <br />forth, and to resolve any and all disputes with regard to any and all of the <br />compensation and/or other benefits to which Tenants are now, or may in the future, be <br />entitled as a result of the acquisition of the Property by City. <br />Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, <br />and subject to the terms, conditions and provisions of this ASA, the Parties agree as <br />follows: <br />Consideration <br />a. City agrees to pay Tenants, collectively, in accordance with the disbursement <br />schedule referenced in section 1(b)&(c), below, the total sum of FOUR <br />HUNDRED THOUSAND AND NO/100 DOLLARS ($400,000.00) as <br />compensation for relocation assistance, relocation benefits, and/or other <br />compensation or damages to which Tenants may now or in the future be <br />entitled to as a result of City's acquisition of the Property for the Project, <br />including, but not limited to, any and all loss of business goodwill, leasehold <br />interests, security deposits, personal property, improvements pertaining to realty, <br />bonus value, and severance damages. <br />b. Upon execution of this ASA, City will process an initial payment to Tenants in <br />the amount of TWO HUNDRED THOUSAND AND NO/100 DOLLARS <br />($200,000.00). Tenants agree that any payment in accordance with this section <br />Acquisition Settlement Agreement <br />Page 1 of 7 <br />25J-4 <br />
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