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INSURANCE NOT REQUIRED A-2010-086 WORK MAY PROCEED CLERK F COUNCIL IIATE:-71Vp11fl/j - ALL INCLUSIVE SETTLEMENT AGREEMENT Thies Agreement ("Agreement") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Raul Morfin Torres dba Zapateria Guanajuato ("Tenant"). The Agency and Tenant are hereinafter sometimes referred collectively as the "Parties." RECITALS A. Tenant operates a business, commonly known as Zapateria Guanajuato, located at 303 N. Bristol St., Santa Ana, CA (the "Property"). B. The Agency acquired the Property on January 29, 2010 for the Bristol Street Widening Project. C. The Parties desire to resolve all issues relating to the Agency's acquisition of the Property in accordance with the terms and conditions set forth below. D. The Parties acknowledge that the payment as set forth in paragraph 1(a) and other consideration given in connection with this Agreement are the result of a compromise and settlement of disputed claims, and shall never, at any time or for any purpose, be considered an admission of liability or responsibility on the part of any of the parties herein released. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby agreed by and among the Parties that: 1. Consideration (a) The Agency shall pay to Tenant the sum of $225,000.00 (Two Hundred Twenty Five Thousand Dollars) (Tenant Settlement Payment) as total compensation for relocation assistance and any and all related expenses and claims as more fully described in paragraph 1(b) below. Upon full execution of this Agreement, the Agency will begin processing an initial payment, payable to Raul Torres Morfin dba Zapateria Guanajuato and Nicholas Mosich, in the amount of $150,000.00. The Agency will make the final payment to Raul Torres Morfin dba Zapateria Guanajuato and Nicholas Mosich in the amount of $75,000.00, less any deductions described in paragraphs 1 (c) and (d) of this Agreement, after Tenant vacates the Property, signs a Certificate of Abandonment, provides all keys to the Property to the Agency or to the Agency's relocation consultant, and provides written verification that all hazardous materials have been legally and properly moved. (b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) above constitutes full satisfaction of any and all obligations of the Agency to Tenant, including, without limitation, any obligations for relocation assistance, relocation benefits, moving expenses, interest of any kind in the real estate and leasehold, loss of business goodwill, compensation for personal property (loss of inventory), I of 7