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Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and
<br />subject to the terms, conditions and provisions of this ASA, the Parties agree as follows:
<br />1. Consideration
<br />a. City agrees to pay Tenant, in accordance with the disbursement schedule referenced in section
<br />1(c)(d)(e) & (f), below, the total sum of ONE HUNDRED THREE THOUSAND TWO
<br />HUNDRED FOURTY TWO AND NO/100 DOLLARS ($103,242.00) as full
<br />compensation for any and all relocation assistance and other re- oTcati-on and/or
<br />displacement benefits to which Tenant is or may be entitled, including, but not limited to,
<br />compensation for any and all loss of business goodwill (if any), leasehold interests, personal
<br />property, improvements pertaining to realty, bonus value (if any), severance damages (if any),
<br />and any and all other damages to which Tenant is or may be entitled to as a result of City's
<br />acquisition of the Acquired Property for the Project.
<br />b. Tenant agrees to assign a portion of the compensation described in Section 1(a), above, to
<br />Landlord, which Landlord agrees shall be used exclusively for the purchase, construction and
<br />installation of Tenant improvements and trade fixtures to Tenant's unit within Replacement
<br />Structure. The total amount of compensation being assigned by Tenant to Landlord under this
<br />ASA is SEVENTY NINE THOUSAND SEVEN HUNDRED TWENTY FIVE AND
<br />NO/100 DOLLARS ($79,725.00). As consideration for said assignment of compensation,
<br />Landlord agrees to provide the following Tenant improvements to Tenant's unit in the
<br />Replacement Structure: HVAC, lights, T Bar ceiling, insulation at ceiling, standard number of
<br />electrical outlets, flooring, one bathroom that meets Americans with Disabilities Act standards,
<br />phone jacks in number sufficient to operate Tenant's current equipment, finish painted interior
<br />walls, carpet and base, interior framing and drywall, interior doors, and soft costs such as
<br />contingency, builder overhead and profit, zoning and associated permit fees and architectural
<br />and engineering fees.
<br />Tenant agrees it bears sole financial responsibility for the following: (1) to move its personal
<br />property from the Property to the Replacement Structure, (2) for the disconnection, move and
<br />reconnection of all fixtures and equipment from the Property to the Replacement Structure,
<br />including the reinstallation of racks and displays, installation of telephone system, and (3) any
<br />electrical requirements in the Replacement Structure that are in addition to standard electrical
<br />service.
<br />c. Upon execution of (1) this ASA and (2) a valid and enforceable lease between Tenant and
<br />Landlord for Tenant's occupancy of the Replacement Structure, City agrees to process an
<br />initial payment to Tenant in the amount of FIVE THOUSAND EIGHT HUNDRED
<br />SEVENTY NINE AND 25/100 DOLLARS ($5,879.25) and to Landlord in the amount of
<br />NINETEEN THOUSAND NINE HUNDRED THIRTY ONE AND 25/100 DOLLARS
<br />($19,931.25). Tenant and Landlord shall first provide to City a copy of the documents
<br />referenced in this Section before City is obligated to process payment(s) hereunder.
<br />d. Upon verification by City that architectural plans for the Replacement Structure have been
<br />approved by City's Planning and Building Agency, City will process a second payment to
<br />Acquisition Settlement Agreement
<br />Page 2 of 8
<br />Tenant's Initials _~~ ~ Landlord's Initials
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