CLINICA MEDICA SAN MIGUEL-2010 - Laserfiche WebLink

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A-2010-223 ALL INCLUSIVE SETTLEMENT AGREEMENT This All Inclusive Settlement Agreement ("ASA" or "Agreement") is entered into on 11 t ?; 2010 between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), and Clinica Medica San Miguel ("Tenant"). City and Tenant may collectively be referred to in this ASA as the "Parties." RECITALS A. Tenant operates a business on the Property commonly known as Clinica Medica San Miguel, and is the occupant of the real property and improvements located at 1302 W. Santa Ana Blvd, also known as 316 N. Bristol Street ("Property"). B. On January 29, 2010, as part of the Bristol Street Widening Project, the City acquired from In Saba, Inc the Property occupied by Tenant. C. The Parties' rights and obligations with regard to the acquisition of the Acquired Property by City are in dispute. The Parties desire to establish their respective rights and obligations and to resolve any and all existing disputes with regard to the acquisition Of the Acquired Property by City upon the terms and conditions as hereinafter set forth. D. Tenant will develop a replacement retail structure ("Replacement Structure") on the lot immediately west and adjacent to the Property, identified as APN 007-183-08. Construction of Replacement Structure is expected to be completed on or about, June 30, 201 1. E. Tenant qualifies as a displaced person under California Code of Regulations, Title 25, Division 1, Chapter 6, and is therefore eligible for relocation benefits as described therein. Tenant acknowledges that they have been informed of the City's relocation program and that they have received written material describing the relocation program, including a General Information Notice, an Informational Brochure and a Notice of Eligibility. Tenant understands that they are under no obligation to enter into this ASA and move into the Replacement Structure. Tenant understands and acknowledges that they may choose to relocate from the Property to an alternate site. Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions of this ASA, the Parties agree as follows: Consideration a. City has determined and Tenant has agreed to accept THREE HUNDRED THOUSAND AND NO/100 DOLLARS ($300,000.00), as compensation for relocation assistance and/or other relocation benefits to which Tenant may be entitled, and any and all loss of business goodwill, leasehold interests, personal property, improvements pertaining to realty, bonus value, severance damages, and any and all other damages to which Tenants may be entitled as a result of City's acquisition of the Acquired Property for the Project. All Inclusive Settlement Agreement Page I Of 9