|
<br />ALL INCLUSIVE SETTLEMENT AGREEMENT
<br />This Agreement ("Agreement") is made by and between the City of Santa Ana, a charter city
<br />and municipal corporation duly organized and existing under the Constitution and laws of the State of
<br />California ("City") and Angel and Ethel Carrazco dba Law Offices of Angel Carrazco, Jr., PC
<br />("Tenant"). 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 Law Offices of Angel Carrazco, Jr., PC,
<br />located at 1631 N. Bristol Street, Suite 200 & 207, Santa Ana, CA 92706 (the "Property").
<br />B. The City has made an offer and intends to purchase the Property for the Bristol Street
<br />Widening Project. As a result of the City's pending acquisition, the Tenant will be
<br />displaced from the Property.
<br />C. The Parties desire to resolve all issues relating to the City's acquisition of the Property in
<br />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 and
<br />settlement of disputed claims, and shall never, at any time or for any purpose, be
<br />considered an admission of liability or responsibility on the part of any of the parties herein
<br />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 $29,435.00 (Twenty-nine Thousand Four/
<br />Hundred Thirty-five Dollars) (Tenant Settlement Payment) as total compensation for
<br />relocation assistance and any and all related expenses and claims as more fully V! zillo-1)
<br />described in paragraph 1(b) below. Upon full execution of this Agreement, the City wil?
<br />begin processing an initial payment, payable to Tenant, in the amount of $-1rr,060-.@ P.
<br />The City will make the final payment to Tenant in the amount of $14;45, :00 after
<br />Tenant vacates the Property, signs a Certificate of Abandonment, provides all ys to
<br />the Property to the City or to the City's relocation consultant, and provides ritten
<br />verification that all hazardous materials have been legally and properly moved. o k ` -
<br />lj`l;s
<br />(b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) & 1(d)
<br />constitutes full satisfaction of any and all obligations of the City to Tenant, including,
<br />without limitation, any obligations for relocation assistance, relocation benefits, moving
<br />expenses, interest of any kind in the real estate and leasehold, loss of business
<br />goodwill, compensation for personal property (loss of inventory), furniture, fixtures and
<br />equipment, interest, attorney's fees, appraisal fees, or damages of any nature.
<br />(c) Tenant agrees to vacate the Property on or before July 31, 2011 ("Vacate Date").
<br />(d) City agrees to pay Tenant's rent for the months of April, May, June and July, 2011.
<br />1 of 6
<br />25G-12
|