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<br /> FIRST AMENDMENT TO THE <br />AMENDED AND RESTATED RELOCATION SETTLEMENT AGREEMENT <br /> (Charles Avila and Naomi Avila) <br />This First Amendment ("Amendment") to the Amended and Restated Relocation <br />Settlement Agreement dated October 22, 2002, ("Agreement"), is entered into this 24th day of <br />September 2004 ("Effective Date") by and between the REDEVELOPMENT AGENCY OF <br />THE CITY OF RIVERSIDE, a public body, corporate and politic ("Agency") and CHARLES <br />A VILA and NAOMI A VILA, individually and doing business as THE TAMALE FACTORY <br />("Business") (collectively "Recipient") as follows: <br />1.0 Recitals. <br />1.01 Agency and Recipient entered into the Agreement on or about October 22, 2002. <br />1.02 On or about October 15, 2002, Agency and Recipient entered into an Agreement <br />of Purchase and Sale and Escrow Instructions ("Purchase Contract") consisting in part of <br />Assessor Parcel Numbers 213-222-006 and 213-222-008 ("Site") for the purpose of redeveloping <br />and relocating the Business to the Site. <br />1.03 On October 22,2003, the California Department ofIndustrial Relations found that <br />the Business relocation was a Public Works Project within the meaning of California Labor <br />Code, Section 1720, et seq. (Public Works Case No. 2003-027.) <br />1.04 In order to assist the Recipients with additional un-anticipated expenses for <br />prevailing wages and to further comply with its relocation obligations pursuant to California <br />Government Code, Section 7260 and other laws providing compensation to displaced property <br />owners and businesses, Agency desires to loan the Recipients the sum of Three Hundred Forty- <br />Two Thousand and no/IOO Dollars ($342,000.00), which shall be in addition to sums paid or <br />owing, pursuant to the Relocation Agreement. <br />1.05 Recipients desire to accept a loan from the Agency in the amount stated in Section <br />1.04, which loan is to be forgivable over a period often (10) years, as more particularly described <br />herein. <br />NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement <br />and for other good and valuable consideration, the receipt and sufficiency of which is <br />acknowledged by the Agency and Recipients, the Parties agree as follows: <br />2.0 Loan. <br />2.1 Loan: Agency shall loan to Recipients the sum of Three Hundred Forty- Two <br />Thousand and no/IOO Dollars ($342,000.00) ("Loan"). Recipients shall execute a promissory <br />note and deed of trust securing the amounts to be loaned herein and such other instruments as <br />