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RENTAL AGREEMENT
<br />(Loss of Rents)
<br />N-2016-165
<br />.,r Linz
<br />This AGREEMENT is made and entered into this day of Linz , 2016 by and between
<br />the property owner 2115 Bristol Trust (Lan Le Trustee), ("Owner"), and the CITY OF SANTA ANA, a
<br />charter city and municipal corporation duly organized under the Constitution and laws of the State of
<br />California ("City").
<br />WHEREAS, Owner and City are in escrow for City's acquisition from Owner of 2115-2123 S.
<br />Bristol Street (015-194-20,21,22) in the City, which is legally described in > xhibjt A, attached hereto and
<br />incorporated herein ("Subject Propctty3').
<br />WHEREAS, the Subject Property Includes a lot of real property commonly known as 2123 S. Bristol
<br />Street ("Subject Premises") that is operated by the tenant known as Botanica Sol ("Tenant').
<br />WHEREAS, Owner and City desire to agree that, since Tenant was relocated by the City on
<br />September 30, 2016, and prior to close of escrow„ Owner will not re -rent the Subject Premises , City will
<br />make a monthly payment to Owner to compensate Owner for Owner's loss of rents, in the amount of $2,200
<br />per the former lease agreement between the Owner and the'1'enant.
<br />WHEREAS, it is the desire of the City to minimize or avoid incurring costs, damages, obligations or
<br />liabilities pursuant to any applicable federal, state or local relocation laws or regulations, including without
<br />limitation, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C.
<br />4201-4655, the implementing regulation thereto set forth in 49 CFR Part 24, Government Code Section 7260,
<br />et seq. and/or the implementing regulations thereto set forth in Title 25, section 6000, et seq. of the Code of.
<br />Regulations (collectively "Relocation Costs") as a result of City's acquisition of the Subject Property, or any
<br />portion thereof, and Owner desires not to lose rental income during the period of negotiations or escrow
<br />between Owner and City for City's acquisition of the Subject Property.
<br />NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the
<br />City and the Owner agree as follows:
<br />I. The City will pay directly to Owner the sum of $2,200 for each month, on a pro -rated basis if
<br />necessary, for the period beginning October I, 2016 through close of escrow on the Subject Property.
<br />The payment provided to Owner pursuant to this agreement is intended to compensate Owner for the
<br />Owner's lost rents from Tenant beginning on October 1, 2016 stated in Section 1 above and ending on the
<br />close of escrow..
<br />2. In consideration for the payments to be made under this Agreement, Owner will hold the
<br />Subject Premises vacant and not re -rent or allow any occupancy of the Subject Premises.
<br />3. Should Owner, in violation of Section 3 herein, re -rent or allow any occupancy of Subject
<br />Premises , City shall not be liable or responsible for any lost rents with respect to the Subject Premises, and
<br />Owner shall be liable to the City and shall indemnify the City and hold the City harmless for and against any
<br />and all costs, damages, liabilities and/or expenses, including attorneys' fees and expert witness fees, incurred
<br />by the City in enforcing the terms of this Agreement, including any and all Relocation Costs incurred by the
<br />City as a result of Owner's breach of this Agreement and/or City's obligation to relocate any tenants of the
<br />Subject Premises .
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