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A-2011-053 <br />ALL INCLUSIVE SETTLEMENT AGREEMENT <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 Alejandro B. Rojas dba Alianza Legal Hispana ("Tenant"). <br />The City and Tenant are hereinafter sometimes re erred collective) as the "Parties." The <br />Effective Date of this Agreement shall be ?e u, the date on which the <br />Agreement has been fully executed by the City and Tenant. <br />RECITALS <br />A. Tenant operates a business, commonly known as Alianza Legal Hispana, located at <br />828 N. Bristol Street, Suite 105, Santa Ana, CA 92703 (the "Property"). <br />B. The City has purchased the Property for the Bristol Street Widening Project. As a <br />result of the City's acquisition, the Tenant will be displaced from the Property. <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 />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 />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 />(a) The City shall pay to Tenant the sum of $26,390.00 (Twenty Thousand Dollars) <br />(Tenant Settlement Payment) as total compensation for relocation assistance <br />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 City will begin <br />processing an initial payment, payable to Tenant, in the amount of $13,000.00. <br />The City will make the final payment to Tenant in the amount of $13,390.00 after <br />Tenant vacates the Property, signs a Certificate of Abandonment, provides all <br />keys to the Property to the City or to the City'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 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 />(c) Tenant agrees to vacate the Property on or before June 30, 2011 ("Vacate <br />Date"). <br />1 of 7