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AUG 1 2 2008 <br />, A-2008-163 <br />O ` ~~^'~~ (L \) ACQUISITION SETTLEMENT AGREEMENT <br />C~~nC~y Ci0r7~EZ <br />This Acquisition Settlement Agreement ("ASA") is entered into on ,~ , 2008 <br />between the City of Santa Ana, a charter city and municipal corporati duly organized and <br />existing under the Constitution and laws of the State of California ("City"), and Alex Ker dba <br />Infinity Cellular & Paging ("Tenant" or "Displacee"), and Aurora Angel ("Owner" or <br />"Landlord"). City, Tenant and Owner may collectively be referred to in this ASA as the <br />"Parties." <br />RECITALS <br />A. Landlord is the fee owner of 1007 to 1011 South Bristol Street, Santa Ana, California <br />("Property"). Owner and City have negotiated a Purchase and Sale Agreement ("PSA") for <br />a portion of Owner's Property ("Acquired Property"), which will result in the termination of <br />Owner's and Tenant's rights, title and/or interests in the Acquired Property. The Acquired <br />Property is described and depicted in Exhibit "A", attached hereto. <br />B. Tenant operates a business on the Property commonly known as Infinity Cellular & <br />Paging, and is the occupant of the real property and improvements located on the Property. <br />C. The Property and the Acquired Property are located within the Bristol Street Widening <br />Project ("Project") from Pine Street to McFadden Avenue. <br />D. The Parties' rights, obligations and monetary entitlements with regard to the acquisition of the <br />Acquired Property by City are in dispute. The Parties desire to define their respective <br />rights, obligations and monetary entitlements and to resolve any and all disputes <br />pertaining to the acquisition of the Acquired Property by City upon the terms and <br />conditions as contained in this ASA. <br />E. Landlord plans to construct a replacement structure ("Replacement Structure") on the lot <br />immediately east and adjacent to the Property. This lot is identified as APN 101-272-04, <br />as more fully described and depicted in Exhibit "B" attached hereto. Construction of the <br />Replacement Structure is expected to be completed on or about, December 31, 2008. <br />Tenant has been offered the opportunity to lease a unit within the Replacement Structure <br />and Tenant desires to accept this offer. <br />F. Tenant has been informed that it qualifies as a displaced person under California Code of <br />Regulations, Title 25, Division 1, Chapter 6, and is therefore eligible for relocation <br />benefits as described therein. Tenant has been informed of the City's relocation program <br />and has received written material describing City's relocation program, including a <br />General Information Notice, an Informational Brochure and a Notice of Eligibility. <br />Tenant acknowledges and agrees that it is under no legal obligation to enter into this <br />ASA, nor to move into the Replacement Structure. Tenant acknowledges and agrees that <br />it has the choice to relocate from the Property to an alternate site rather than to the <br />Replacement Structure as herein proposed. <br />Acquisition Settlement Agreement <br />Page I of 8 <br />I . <br />;` ~... <br />Tenant's Initials Landlord's Initials ~ ~ <br />