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INSURANCE NOT ON FILE <br />WORK MAY TPROCEED <br />CLERK OF COUNCIL <br />DEMM97-11 <br />DATE, OCT Q 4 7018 <br />01. ?VVA (p) AGREEMENT FOR COMPENSATION FOR LOSS OF BUSINESS GOODWILL <br />1 This Agreement for Compensation for Loss of Business Goodwill ("Agreement') is made <br />by and between the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City") and Khaled H. <br />Jawhary dba Advantage Auto Insurance Brokerage ("Business"). City and Business shall <br />collectively be referred to as the "Parties". <br />RECITALS <br />A. On or about November 2, 2016, through a voluntary sale, City acquired the real <br />property at 1111 North Bristol Street, in the City of Santa Ana, Assessor Parcel No. 405-274-10 <br />("Property"), for purposes of the Bristol Street Widening Project Phase 3A, resulting in <br />displacement of the Business. <br />B. The Business had an interest in the Property as a Lessee but voluntarily ceased <br />operations on or about February 28, 2017 and relocated on or about March 1, 2017, <br />C. The Business has been already been compensated by City for its tenant -owned <br />improvements and movable items and seeks further compensation for loss of goodwill value that <br />it has allegedly suffered as a result of displacement. <br />D. City has agreed to provide such compensation based on a study it has had <br />prepared to determine the loss of goodwill value. <br />E. By this Agreement, the parties desire to settle all present, past and future <br />controversies, claims, causes of action or purported causes of action, defenses, and disputes, both <br />real and potential, which the Business may have against City with respect to City's acquisition <br />and use of the Property and any claim for loss of goodwill. <br />AGREEMENT <br />NOW, THEREFORE, in consideration of the mutual promises and mutual covenants set <br />forth herein, the receipt and adequacy of which is hereby acknowledged, the Parties agree as <br />follows: <br />L RECITALS <br />The Recitals are incorporated into and are made a part of this Agreement. The purpose of <br />this Agreement is to resolve, in their entirety, all present, past and future controversies, claims, <br />causes of action or purported causes of action, defenses, and disputes, both real and potential, <br />which the Business may have against City with respect to City's acquisition and use of the <br />Property and any claim for loss of goodwill. <br />Page 1 of 4 <br />