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A-2010-153 INSURANCE NOT RE:IUIRE; VVORK MAY QPOCEEu CLERK CF O ;NC T? ALL INCLUSIVE SETTLEMENT AGREEMENT This Agreement ("Agreement") is made by and between the City of Santa Ana Public Works Agency, a public body, corporate and politic ("Agency") and Norman and Susan Luna dba/Tony's Lock and Safe Service ("Tenant"). The Agency and Tenant are hereinafter sometimes referred collectively as the "Parties." G- o? RECITALS ?? A. Tenant operates a business, commonly known as 304-306 N. Bristol Street, Santa Ana, c CA (the "Property"). U B. The Agency has made an offer to purchase the Property for the Bristol Street Widening Project. The property owners, Norman C. Luna, Trustee of the Luna Family Trust ("Owner"), and Agency have negotiated a Purchase and Sale Agreement ("PSA") for Owner's Property ("Acquired Property"), which will result in the termination of Owner's and Tenant's rights, title and/or interests in the Acquired Property. 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 $255,000.00 (Two Hundred Fifty 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 the Peterson Law Group Client Trust Account, in the amount of $170,000.00, and pay same within thirty (30) days of execution of this Agreement. The Agency will make the final payment to the Peterson Law Group Client Trust Account in the amount of $85,000.00, less any deductions described in paragraph 1 (c) of this Agreement, concurrently when 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. 1 of 7