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25J - BRISTOL STREET CORRIDOR
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06/21/2010
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25J - BRISTOL STREET CORRIDOR
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Last modified
1/3/2012 4:02:58 PM
Creation date
6/17/2010 11:33:10 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25J
Date
6/21/2010
Destruction Year
2015
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ALL INCLUSIVE SETTLEMENT AGREEMENT <br /> This Agreement ("Agreement") is made by and between the City of Santa Ana Public <br /> Works Agency, a public body, coiforate and politic {"Agency") and ACME Bail Bonds <br /> ("Tenant"). The Agency and Tenant are hereinafter sometimes referred to collectively as the <br /> j "Parties." <br /> RECITALS <br /> A. Tenant operates a business, commonly known as ACME Bail Bonds, and is the <br /> occupant of real property located at 712 N. Bristol St., Santa Ana, CA (the <br /> "Property"). <br /> B. The Property has been acquired by the Agency for the Bristol Street Widening <br /> Project. Tenant currently occupies the Property under a lease dated June 28, 2001, <br /> and a lease amendment dated September 26, 2003, which commenced on October 1, <br /> 2003 and expired on October 30, 2004, (collectively, the "tease"). <br /> i <br /> C. The Parties desire to resolve aII issues relating to the Agency's acquisition of the <br /> Property in accordance with the turns and conditions set forth below. <br /> s <br /> D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other <br /> consideration given in connection with this Agreement are the result of a compromise <br /> and settlement of disputed claims, and shall never, at any time or for any purpose, be <br /> considered an admission of liability or responsibility on the part of any of the parties ~ <br /> herein released. <br /> NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and <br /> covenants hereinafter set forth, it is hereby agreed by and among the Parties that: <br /> 1. Consideration <br /> <br /> I (a) The Agency shall pay to Tenant the sum of $45,000.00 (Forty Five Thousand <br /> Dollars) (Tenant Settlement Payment} as total compensation for relocation <br /> assistance and any and all related expenses and claims as more fully described in <br /> paragraph 1(b) below. Upon full execution of this Agreement, the Agency will <br /> begin processing an initial payment to Tenant in the amount of $25,000.00. The <br /> Agency will make the final payment to Tenant in the amount of $20,000.00, less <br /> any deductions described in paragraphs 1 (c) & (d) of this Agreement, after <br /> Tenant vacates the Property, signs a Certificate of Abandonment, provides all <br /> keys to the Property to the Agency or to the Agency's relocation consultant, and <br /> provides written verification that all hazardous materials have been legally and <br /> properly moved. <br /> {b) Tenant agrees, that the consideration received pursuant to paragraph 1 {a) above <br /> constitutes full satisfaction of any and all obligations of the Agency to Tenant, <br /> including, without limitation, any obligations for relocation assistance, relocation <br /> benefits, moving expenses, interest of any kind in the real estate and leasehold, <br /> 1 of 7 <br /> 25J-3 <br /> <br />
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