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25Q - ACQUISITION SETTLEMENT 1007-1011 S BRISTOL
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25Q - ACQUISITION SETTLEMENT 1007-1011 S BRISTOL
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1/3/2012 4:30:55 PM
Creation date
5/28/2008 11:51:26 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25Q
Date
6/2/2008
Destruction Year
2013
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THIRTY ONE DOLLARS AND 25/100 ($19,931.25). <br />e. Upon completion of physical improvements to Tenant's unit within the <br />Replacement Structure. City will process a third payment to Tenant in the amount <br />of FIVE THOUSAND, EIGHT HUNDRED SEVENTY NINE DOLLARS <br />AND 25/100 ($5,879.25) and to Landlord in the amount of NINETEEN <br />THOUSAND NINE HUNDRED THIRTY ONE DOLLARS AND 25/100 <br />($19,931.25). <br />f. City to process a final payment to Tenant in the amount of FIVE THOUSAND, <br />EIGHT HUNDRED SEVENTY NINE DOLLARS AND 25/100 ($5,879.25) <br />once Tenant has (1) vacated the Property, (2) executed and delivered to City a <br />Certificate of Abandonment of the Property, (3) turned over all sets of keys to <br />the Property to the City or to City's agents, or Landlord, and (4) confirmed in <br />writing to City that any and all hazardous materials have been removed from <br />the Property in accordance with all applicable federal and state laws, <br />ordinances and/or regulations. Once Tenant has met all four requirements <br />listed above, City will process a final payment to Landlord in the amount of <br />NINETEEN THOUSAND NINE HUNDRED THIRTY ONE DOLLARS <br />AND 25/100 ($19,931.25). <br />g. Payment of the consideration referenced in section 1 of this ASA, shall constitute <br />full satisfaction of any and all of City's obligations to compensate Tenant. <br />h. As a matter of record, the compensation paid to Tenant in accordance with this <br />ASA shall be proportioned in the following amounts: Relocation benefits <br />shall equal $88,442. Payment for any loss of furniture, fixtures and equipment, <br />bonus value, improvements to realty, business goodwill, and/or severance <br />damages shall equal $15,000. <br />In the event that the lease between Tenant and Landlord for the Replacement <br />Structure is terminated, or becomes null and void prior to the final payment in <br />accordance with this ASA, any remaining unpaid payments that were assigned <br />to Landlord will revert to Tenant and no further payments will be made to <br />Landlord under this ASA. Tenant fully releases any and all claims against <br />payments already made to Landlord, which will not be returned to Tenant. <br />Additionally, all future scheduled payments to Tenant will cease until Tenant <br />vacates the Property and meets vacancy criteria as stated in section (f), above, <br />at which time City will make all remaining payments to Tenant. Tenant is <br />required to vacate the Property within thirty (30) days from the date the <br />Replacement Structure lease is terminated or voided, excepting that tenant must <br />vacate the Property no later than December 31, 2008. <br />2. Release <br />a. Tenant, on behalf of itself, its agents, assigns and related entities, agree to <br />indemnify, fully release, acquit and discharge City, and the officers, directors, <br />Acquisition Settlement Agreement <br />Page 3 of 8 <br />25Q-38 <br />
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