T & R KAWAKAMI, KENT OCHIAI, THOMAS K. KAWAKAMI AND RUTH K. KAWAKAMI

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n /J I JlA1 1 0 2016 (�© , MAO LOST RENTS AGREEMENT N-2016-078 This Lost Rents Agreement (hereinafter "Agreement") is entered into by and between the City of Santa Ana, a municipal corporation (hereinafter referred to as "City") and Kent Ochiai, an individual; Thomas K, Kawakami, Trustee of the T & R Kawakami Trust Established by Declaration of Trust Dated March 4, 1997, and Ruth K. Kawakami, Trustee of the T & R Kawakami Trust Established by Declaration of Trust Dated March 4, 1997 (collectively, "Oehini") as of the date of full execution by all parties. Ochiai and the City may be collectively referred to as "Parties" in this Agreement. RECITALS A. On or about December 24, 2014 ("Piling Date"), the City filed a Complaint in Eminent Domain ("Eminent Domain Action") in the Orange County Superior Court, Case No. 30-2014-00763309-CU-EI-CJC, seeking to acquire, inter alia, a fee interest in certain real property located at 1601 N. Bristol Street, in the City of Santa Ana, California, identified as Assessor Parcel No. 405-252-21 ("Property"), more particularly described in the Complaint in Eminent Domain. The Property is necessary for public right of way for Phase IIIB of the Bristol Street Widening Project in the City of Santa Ana, California ("Project"). B. The Property is located within the Bristol Street Corridor Specific Plan of the City of Santa Ana and is owned by Ochiai. C. Kent Ochiai, as a landlord, entered into a lease agreement with Trivalle Communications, LLC, a California limited liability company ("Trivalle") for occupancy of a portion of the Property. A copy of the Lease Agreement, marked as Exhibit A, is attached. D. On or about December 24, 2014, the City filed its Motion for an Order for Prejudgment Possession. The City subsequently requested that the Court remove the hearing on the City's Motion for Order for Prejudgment Possession from the Court's docket. The City, therefore, does not have legal possession of the Property. E. After receiving notice from the City of its eligibility for relocation assistance, Trivalle vacated the Property in anticipation of the City's Project on December 10 2015("Vacation Date"). The City and Ochiai now wish to enter into this Agreement to establish their respective rights and obligations with regard to the payment of rents lost as a result of Trivalle vacating the Property. AGREEMENT Based upon the foregoing, and based upon the mutual consideration set forth herein, the Parties agree as follows: Compensation for Lost Rents Up to the Possession Date: a. As payment for Ochiai's actual lost rents for the period of time from the Vacation Date until the City takes possession of the Property, the City shall pay to Ochiai $250.00 per month ("Lost Rents"). 55194.00016@7148407.1 - I -