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. " ~NSUPrddCE,ru~TREQUIRED A-2009-004A <br />' I~V~Rf;1~`AY PROCEED <br />~L! RK OF CI~UNCIL ACQUISITION SETTLEMENT AGREEMENT <br />~AT~ u'~~i~Ji ~ <br />~.. ~~ <br />This Acquisition Settlement Agreement ("ASA") is entered into on J , <br />2009 between the City of Santa Ana, a charter city and municipal corporation duly <br />(~1 organized and existing under the Constitution and laws of the State of California ("City"), <br />~, ~ and Socorro Guerrola De Navarro Family Trust, Sonia Liliana Navarro, Yolanda <br />Veronica Navarro, Ernesto Navarro, Leticia Navarro, Jaime Navarro, also dba La Pinata <br />~ Market and Rockview Dairy, ("Owner"). City and Owner may collectively be referred to <br />O ~ in this ASA as the "Parties." <br />~ 4 <br />- ~ ~ RECITALS <br />~~ <br />A. Owner operates a business on the Property commonly known as La Pinata <br />Market, and is the occupant of the real property and improvements located at 421 <br />and 400 S. Bristol, Santa Ana, California. ("Property"). <br />B. Owner and City have negotiated a Purchase and Sale Agreement ("PSA") for a <br />portion of the Property, as legally described and depicted in Exhibit "A" and <br />Exhibit "B" attached hereto ("Acquired Property"), which will impact the <br />Owner's rights, title and/or interests in the Acquired Property. <br />C. The Property is located within the Area of the Bristol Street Widening Project <br />from Pine Street to McFadden Avenue and City intends to acquire a road and <br />sidewalk easement on a portion of the Property for a public use. <br />D. The Parties' rights and obligations with regard to the acquisition of the Acquired <br />Property by City are in dispute. The Parties desire to establish their respective <br />rights and obligations and to resolve any and all existing disputes with regard <br />to the acquisition of the Acquired Property by City upon the terms and <br />conditions as hereinafter set forth. <br />E. In order to mitigate damages to the Property and avoid a business <br />displacement of the La Pinata Market and Rockview Dairy, Owner intends to <br />renovate the exterior retail structure at 421 S. Bristol Street and relocate lost <br />parking spacing to 400 S. Bristol ("Rehabilitation Project"). Construction on <br />the Rehabilitation Project is expected to be completed on or about, September <br />30, 2009. <br />Page 1 of 13 <br />