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Oct 25 10 10:00a p.2 10/22/2010 FRI 17:48 FAX 2132369724 Peterson Law Group PC 0002/012 ALL INCLUSIVE SETTLEMVff AGREEMENT This Agreement ("Agreement'") is made by and between the City of Santa Ana, a charter city and municipal corporation duly organized and exiting under the Constitution and laws of the State of California ( "City') and Charles Krueger and Vicki Krueger dba Santa Ana Florist ( "Tenant"). The City and Tenant are hereinafter sometimes referred to collectively as the "Parties." RECITALS A. Tenant operates a business, commonly known as Santa Ana Florist at 315 N. Bristol Street, Santa Ana, CA (the "Property"). B. The Agency has acquired the Property for the Bristol Street Widening Project. Tenant currently occupies the Property under a Iease which became effective Jane 1, 2001 and extends through May 31, 2011, and provides Tenant with one 5 year option, to renew under the same terms (the "Lease"). 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 I. Consideration (a) The Agency shall pay to Tenant the sum of S280,000.00 (Two Hundred Eighty 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 foil 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 $180,000.00, 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 $100,000:00, when Tenant vacates the Property, signs a Certificate of Abandonment, provides all keys to the Property to the Agency or to the Ageaey'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 aU obligations of the Agency to Tenant, 1 of 7 25K -25