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25I - AGMT - BRISTOL STREET CORRIDOR
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25I - AGMT - BRISTOL STREET CORRIDOR
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Last modified
1/3/2012 3:45:02 PM
Creation date
5/12/2011 12:04:25 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25I
Date
5/16/2011
Destruction Year
2016
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EXHIBIT 2 <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 Xavier Rodriguez dba Centro Natural de Salud ("Tenant"). <br />The City and Tenant are hereinafter sometimes referred collectively as the "Parties." The <br />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 Centro Natural de Salud, located <br />at 828 N. Bristol Street, Suite 101, 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 $17,992.50 (Seventeen Thousand Nine <br />Hundred Ninety-Two Dollars and Fifty Cents) (Tenant Settlement Payment) as <br />total compensation for relocation assistance and any and all related expenses <br />and claims as more fully described in paragraph 1(b) below. Upon full execution <br />of this Agreement, the City will begin processing an initial payment, payable to <br />Tenant, in the amount of $10,000.00. The City will make the final payment to <br />Tenant in the amount of $7,992.50 after Tenant vacates the Property, signs a <br />Certificate of Abandonment, provides all keys to the Property to the City or to the <br />City's 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 />1 of 7 <br />251-5
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