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A-2011-158 <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 Saul Onofre and Mayra Onofre dba Taqueria Zamora ("Tenant"). The City and <br />Tenant are hereinafter sometimes referred collectively as the "Parties." The Effective Date of this <br />Agreement shall be `TL, V) { 1 �Z_, 2011, the date on which the Agreement has been fully <br />executed by the City and Tenant. <br />RECITALS <br />A. Tenant operated a business, commonly known as Taqueria Zamora, located at 510 N. <br />Bristol, Suite D, Santa Ana, CA 92703 (the "Property"). <br />B. The City has purchased the Property for the Bristol Street Widening Project. As a result of <br />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 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 $34,000.00 (Thirty -Four 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 process a payment to Tenant in the <br />amount of $34,000.00. <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, 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 vacated the Property on February 2, 2011 ("Vacate Date"). <br />(d) Payment will be made for Relocation Expenses in the amount of $2,115.00. <br />(e) Payment will be made on behalf of Tenant to the Orange County Treasurer -Tax <br />Collector, per a Claim and Demand for Payment dated October 21, 2010, in the <br />amount of $773.11. <br />1 of 6 <br />