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<br />st_ ~ <br />"3 C <br />~\':$ <br />1c:J <br /> <br />..... <br /> <br />I~~ <br />0J - <br />V'3 <br />... . <br /> <br />() <br /> <br />INSURANCE NOT REQUiRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />~~-3l-l ( ALL INCLUSIVE SETTLEMENT AGREEMENT <br /> <br />A-2011-016 <br /> <br />This Agreement ("Agreement") is made by and between the City of Santa Ana, a charter <br />city and municipal corporation duly organized and existing under the Constitution and laws of <br />the State of California ("City") and National Council on Alcoholism & Drug Dependence, Inc. - <br />Orange County, also referred to as NCADD-OC ("Tenant"). The City and Tenant are hereinafter <br />sometimes referred collectively as the "Parties." The Effective Date of this Agreement shall be <br />~fty 3..L, 2efO, the date on which the Agreement has been fully executed by the <br />City and Tenant. .-zt>l-l <br /> <br />RECITALS <br /> <br />A. <br /> <br />Tenant operates a business, commonly known as National Council on Alcoholism & <br />Drug Dependence, Inc. - Orange County, located at 1631 N. Bristol Street, Suite <br />300, Santa Ana, CA 92706 (the "Property"). <br /> <br />B. <br /> <br />The City has made an offer and intends to purchase the Property for the Bristol <br />Street Widening Project. As a result of the City's pending acquisition, the Tenant will <br />be displaced from the Property. <br /> <br />C. The Parties desire to resolve all issues relating to the City's acquisition of the <br />Property in accordance with the terms and conditions set forth below. <br /> <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, <br />be considered an admission of liability or responsibility on the part of any of the <br />parties herein released. <br /> <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 /> <br />1 . Consideration <br /> <br />(a) The City shall pay to Tenant the sum of $26,040.00 (Twenty-Six Thousand <br />Forty Dollars) (Tenant Settlement Payment) as total compensation for relocation <br />assistance and any and all related expenses and claims as more fully described <br />in paragraph 1(b) below. Upon full execution of this Agreement, the City will <br />begin processing an initial payment, payable to Tenant, in the amount of <br />$20,000.00. The City will make the final payment to Tenant in the amount of <br />$6,040.00 after Tenant vacates the Property, signs a Certificate of Abandonment, <br />provides all keys to the Property to the City or to the City's relocation consultant, <br />and provides written verification that all hazardous materials have been legally <br />and properly moved. <br /> <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 City 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 />loss of business goodwill, compensation for personal property (loss of inventory), <br />furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or <br />damages of any nature. <br /> <br />1 of 7 <br />