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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 Albert and Susanna Chu, d/b/a Albert A. Chu, LCSW, MFT ("Tenant"). The City <br />and Tenant are hereinafter sometimes referred collectively as the "Parties." The Effective Date of this <br />Agreement shall be , 2011, the date on which the Agreement has been fully <br />executed by the City and Tenant. <br />RECITALS <br />A. Tenant operates a business, commonly known as 0#6c6 `vl located at 1631 N. Bristol <br />Street, Suite 209, 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 $15,000.00 (Fifteen Thousand Dollars) <br />(Tenant Settlement Payment) as total compensation for relocation assistance and any <br />and all related expenses and claims as more fully described in paragraph 1(b) below. <br />Upon full execution of this Agreement, the City will begin processing an initial payment, <br />payable to Tenant, in the amount of $7,500.00. The City will make the final payment to <br />Tenant in the amount of $7,500.00 after Tenant vacates the Property, signs a <br />Certificate of 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 materials <br />have been legally and properly moved. <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 June 15, 2011 ("Vacate Date") <br />4L' <br />X16 <br />1 of 6 <br />25G-5