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<br />Bonsai Restaurant <br />878 Jefferson, Redwood City, California <br />APN 052 366 060 <br /> <br />SETTLEMENT AGREEMENT <br /> <br />THIS AGREEMENT is entered into by and between the CITY OF REDWOOD <br />CITY ("City"), and Michael Han and Daizie Han, individually and dba Bonsai <br />Restaurant ("Bonsai"). <br /> <br />In consideration of which, and the other considerations hereinafter set forth, it is <br />mutually agreed as follows: <br /> <br />1. <br /> <br />The City and Bonsai have herein set forth the whole of their agreement. The <br />performance of this Agreement constitutes the entire consideration for said <br />document and shall relieve the City of all further obligations or claims on this <br />account, or on account of the location, implementation, construction or operation <br />of the public parking garage project referred to below, except as otherwise <br />provided herein. <br /> <br />2. <br /> <br />The City is acquiring that certain parcel of real property described as San Mateo <br />County Assessor's Parcel No. 052-366-060 and located at 878 Jefferson, <br />Redwood City, California, ("Subject property") for public parking facilities, a public <br />use ("public project"). Bonsai is and/or was at all pertinent times herein a tenant <br />of the subject property and conducts and/or conducted a business upon the <br />subject property. <br /> <br />3. <br /> <br />The City shall pay the sum of $165,000.00 to Bonsai for the purpose of acquiring <br />any and all interests in and to the subject property of Michael Han and Daizie <br />Han, individually and dba Bonsai Restaurant ("Settlement sum") and for which <br />any claim is or could be made as a result of the City's acquisition of the subject <br />property in San Mateo County Superior Court Action No. CIV 429507 ("eminent <br />domain action"), including, but not limited to claims for loss of business goodwill, <br />improvements pertaining to realty, fixtures and equipment, leasehold interest and <br />relocation benefits, if any. Said sum shall be inclusive of any and all costs and <br />fees, including, but not limited to litigation costs, interest, appraisal fees and <br />attorneys fees. The parties further agree that Judgment in Condemnation may <br />be entered pursuant to the terms of this action, and the property interests being <br />acquired herein shall vest in the City free and clear of all liens, leases, <br />encumbrances, assessments and taxes. Any current taxes that cannot be <br />prorated and paid shall be cleared and paid in the manner required by the <br />Revenue and Taxation Code, including but not limited to Chapter 4 (commencing <br />with Section 4986) of Part 9 of Division 1 of the California Revenue and Taxation <br />Code. <br /> <br />BonsailHan Settlement <br />061604 <br />