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NSURANCE N0' REQ'J'`- <br />'NURK MAY i?Rl'??E,=': <br />CLERK 0!- GCI M <br />f1&TF p,1G 22 2013 <br />RELOCATION COMMITMENT AGREEMENT <br />I .Y <br />C <br />U <br />C1? <br />J <br />A-2013-130 <br />This RELOCATION COMMITMENT AGREEMENT ("Agreement") is entered into as <br />August 5 , 2013, by and between the CITY OF SANTA ANA, a California charter city <br />("City"), and IPC (USA), INC., a California corporation ("IPC"). <br />RECITALS <br />A. IPC is an independent wholesale distributer of gasoline, diesel, jet fuel and other <br />refined petroleum products in California and other regions of the United States (such IPC <br />activities in California are hereinafter referred to as the "Petroleum Business"). <br />B. IPC is considering relocation of its headquarters for its California business and <br />Orange County sales office to a location in the City of Santa Ana, and is prepared to commit to <br />conducting that portion of its Petroleum Business that has historically been conducted in <br />southern California in the City for an extended term in consideration for the City's performance <br />of its obligations under this Agreement. <br />C. In consideration for IPC's performance under this Agreement, City has agreed to <br />pay to IPC certain payments, measured by a portion of the Sales Tax generated by the conduct of <br />IPC's "Required Operations" in the City, provided that IPC causes Required Operations to be <br />conducted in the City during the term of this Agreement and complies with the other terms and <br />conditions set forth in this Agreement, as more particularly set forth herein. City and IPC have <br />agreed that the amount to be paid by City to IPC hereunder is a fair exchange for the <br />consideration to be furnished by IPC to City. <br />D. By its approval of this Agreement, the City Council of City has found and <br />determined that it is of benefit to the City and its residents for the Required Operations to be <br />conducted within the City, and that the imposition of certain terms and conditions relating to <br />such uses and the City's payment of the City Consideration described herein constitute valid <br />public purposes under the City's Charter and Article XVI, section 6 of the California <br />Constitution as necessary for the economic enhancement of the City and to contribute to the <br />City's general fund that supports services for the health, safety and welfare of the residents of the <br />City. The City Council has further found and determined that IPC's conduct of its "Required <br />Operations" as contemplated in this Agreement will assist in the generation of additional sales <br />and use tax revenues to City as well as assist in the creation and maintenance of additional jobs <br />and economic opportunities for the residents of the City. <br />EXECUTORY AGREEMENTS <br />Based upon the foregoing Recitals and for good and valuable consideration, the receipt <br />and sufficiency of which is acknowledged by both parties, City and IPC hereby agree as follows: <br />131/030876-0001 <br />5940427.2 a07,30,13