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25B - AGMT - BRISTOL ST CORRIDOR
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25B - AGMT - BRISTOL ST CORRIDOR
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Last modified
1/3/2012 3:48:28 PM
Creation date
3/31/2011 2:03:08 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25B
Date
4/4/2011
Destruction Year
2016
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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 Teresa Arellano dba Santa Ana Professional Services <br />("Tenant"). The City and Tenant are hereinafter sometimes referred collectively as the "Parties." <br />The Effective Date of this Agreement shall be , 2011, 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 Santa Ana Professional Services, <br />located at 828 N. Bristol Street, Suite 202, 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 $21,800.00 (Twenty-One Thousand <br />Eight Hundred Dollars) (Tenant Settlement Payment) as total compensation for <br />relocation assistance and any and all related expenses and claims as more fully <br />described in paragraph 1(b) below. Upon full execution of this Agreement, the <br />City will begin processing payment, payable to Tenant, in the amount of <br />$21,800.00 after Tenant vacates the Property, signs a Certificate of <br />Abandonment, provides all keys to the Property to the City or to the City's <br />relocation consultant, and provides written verification that all hazardous <br />materials have been legally and 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 />Exhibit 2 <br />25'6'--5
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