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A-2011-155 <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 John Nunez, d/b/a Legal Support Services and Marketing ("Tenant"). The City <br />and Tenant are hereinafter sometimes referred collectively as the "Parties." The Effective Date of this <br />Agreement shall be :=t1#J 1J= 2011, the date on which the Agreement has been fully <br />executed by the City and Tenant. <br />,i RECITALS <br />3 A. Tenant operates a business, commonly known as Legal Support Services and Marketing, <br />located at 1631 N. Bristol Street, Suite 200 & 207, Santa Ana, CA 92706 (the "Property'). <br />1 <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 />— - 9 displaced from the Property. <br />J 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 7 <br />(a) The City shall pay to Tenant L <br />15,000.00 (Fifteen Thousand Dollars) <br />(Tenant Settlement Payment) as totsation for relocation assistance and any <br />and all related expenses and claimsfully described in paragraph 1(b) below. <br />Upon full execution of this Agreemewill begin processing an initial payment, <br />payable to Tenant, in the amount of. The City will make the final payment to <br />Tenant in the amount of $-?r. f} after Tenant vacates the Property, signs a <br />Certificate of Abandonment, pr vides all keys to the Property to the City or to the City's <br />relocation consultant, and pro 'des written verification that all hazardous materials <br />have been legally and properly v d. <br />(b) Tenant agrees, that the conside ation 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 />