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<br />Ma~ 07 2004 13:30
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<br />FITZGERALD LAW OFFICE
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<br />6503483518
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<br />p.2
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<br />Paradise Island Juice and Java
<br />2117 Broadway, Redwood City, California
<br />APN: 052-366-010
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<br />SETILEMENT AGREEMENT
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<br />TIllS AGREEMENT is entered into by and between the CITY OF REDWOOD CITY ("City"), and
<br />Mario Martins and Susan Thompson, individually and dba Paradise Island Juice and Java
<br />("Paradise") .
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<br />In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows:
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<br />1.
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<br />The City and Paradise have herein set forth the whole of their agreement. The performance of tlús
<br />Agreement constitutes the entire consideration for said document and shall relieve the City of all
<br />further obligations or claims on this account, or on account of the location, implementation,
<br />construction or operation of the public parking garage project referred to below, except as otherwise
<br />provided herein.
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<br />The City is acquiring that certain parcel of real property described as San Mateo County Assessor's
<br />Parcel No. 052-366-010 and located at 2117 Broadway, Redwood City, California, ("subject
<br />property") for public parking facilities, a public use ("public project"). Paradise is and/or was at all
<br />pertinent times herein a tenant o~ the subject property and conducts and/or conducted a business upon
<br />the subject property and sub-let à portion of its tenancy.
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<br />2.
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<br />3.
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<br />The City shall pay the sum of $15,000.00 to Paradise for the purpose of acquiring any and all
<br />interests in and to the subject pr.operty of Mario Martins and Susan Thompson, individually
<br />and dba Paradise Island Juice and Java ("settlement sum") and for which any claim is or could
<br />be made as a result of the City' sacquisition of the subject property in San Mateo County Superior
<br />Court Action No. CN 429511 ("'eminent domain action"), including, but not limited to claims for
<br />loss of business goodwill, improvements pertaining to realty, fixtures and equipment, leasehold
<br />interest and relocation benefits, if any. Said sum shall be inclusive of any and all costs and fees,
<br />including, but not limited to litigation costs, interest, appraisal fees and attorneys fees. The parties
<br />further agree that a Judgment in Condemnation may be entered pursuant to the terms of this
<br />Agreement for the purpose of extinguishing all claims and interests of Paradise in the eminent domain
<br />action, and the property interests being acquired herein shall vest in the City free and clear of all liens,
<br />leases, encumbrances, assessments and taxes. Any current taxes that cannot be prorated and paid shall
<br />be cleared and paid in the manner required by the Revenue and Taxation Code, including but not
<br />limited to Chapter 4 (commencing with Section 4986) of Part 9 of Division 1 of the California
<br />Revenue and Taxation Code. .
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<br />4.
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<br />Paradise acknowledges that it h~ been apprised and is aware of the statutory requirements relating to
<br />appraisals, offers anò pertinent procedural requirements as to the acquisition of its interests in and to
<br />the subject property, business gQodwill, including its claim for lost rental income and compensation
<br />arising out of its property management business consisting of sub-leasing portions of its tenancy and
<br />all matters relating thereto, and agrees that the City has satisfied all such requirements and further
<br />agrees that the above payment ~presents compensation for business goodwill, improvements
<br />pertaining to realty, fixtures and equipment, leasehold interest and relocation benefits, if any, all of
<br />which shall be free and clear of all liens, encumbrances, conditions, restrictions, easements, delinquent
<br />tax liens of whatever nature, rights to possession or ownership or claims to rights of possession or
<br />ownership, leases, whether the s;ame be recorded or not. Paradise further agrees to execute quit claim
<br />deeds, if appropriate, for any suçh interests.
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<br />5.
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<br />Paradise warrants that there are no oral or written leases or sub-leases on aU or any portion of
<br />Paradise's tenancy and Paradise agrees to indemnify, defend and hold the City hannless against and
<br />with respect to all claims, demaIids, losses, costs, expenses, obligations, liabilities, damages, recoveries
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