25Q - ACQUISITION SETTLEMENT 1007-1011 S BRISTOL

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ACQUISITION SETTLEMENT AGREEMENT This Acquisition Settlement Agreement ("ASA") is entered into on 2008 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 ("City"), and Martha's Market ("Tenant"). City and Tenant may collectively be referred to in this ASA as the "Parties." RECITALS A. Tenant operates a business on the Property commonly known as Martha's Market, and is the occupant of the real property and improvements located on the Property, more specifically described in Exhibit "A", Legal Description, attached hereto. B. Aurora Angel ("Landlord") is the fee owner of 1007 to 1011 South Bristol Street, Santa Ana, California ("Property"). Owner and City have negotiated a Purchase and Sale Agreement ("PSA") for a portion of the Property, as legally described and depicted in Exhibit "B" attached hereto ("Acquired Property"), which will result in the termination of Owner's and Tenant's rights, title and/or interests in the Acquired Property. C. 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. D. The Parties' rights and obligations with regard to the acquisition of the Acquired 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 Acquired Property by City upon the terms and conditions as hereinafter set forth. E. Landlord will develop a replacement retail structure ("Replacement Structure") on the lot immediately east and adjacent to the Property. This lot is identified as APN 101-272-04. Construction of Replacement Structure is expected to be completed on or about, December 31, 2008. Tenant has been offered the opportunity to lease a unit within the Replacement Structure and Tenant desires to accept this offer, pending final lease negotiations between Tenant and Landlord. F. Tenant qualifies as a displaced person under California Code of Regulations, Title 25, Division 1, Chapter 6, and is therefore eligible for relocation benefits as described therein. Tenant acknowledges that they have been informed of the City's relocation program and that they have received written material describing the relocation program, including a General Information Notice, an Informational Brochure and a Notice of Eligibility. Tenant understands that they are under no obligation to enter into this ASA and move into the Replacement Structure. Tenant understands and acknowledges that they may choose to relocate from the Property to an alternate site. Acquisition Settlement Agreement Page 1 of 8 25Q-5