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25F - AGMT - SETTLEMENT BRISTOL ST CORRIDOR
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25F - AGMT - SETTLEMENT BRISTOL ST CORRIDOR
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Last modified
1/3/2012 3:40:46 PM
Creation date
9/1/2011 11:14:16 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
9/6/2011
Destruction Year
2016
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B/3/2011 6:47 Remote ID Imprint ID <br />ALL INCLUSIVE SETTLEMENT AGREEMENT <br />This Agreement ("Agreement") Is made by and between the City of Santa Ana, a chatter <br />city and municipal corporation duly organized and existing under the Constitution and laws of <br />the State of California ("City") and Luis Paredes dba Una Dia a Is. Vez ("Tenant"). The City and <br />Tenant are hereinafter sometimes referred collectively as the 'parties,' The Effective Date of <br />this Agreement shall be 2011, the date on which the Agreement has been <br />fully executed by the City and Tenant. <br />RECITALS <br />A. Tenant operates a business, commonly known as Una Die a Is Vez, located at 828 <br />N. Bristol Street, Suite 200, Santa Ana, CA 82703 (the "Property'), <br />5. The City has purchased the Property for the Bristol Street Widening Project. As a <br />result of the City's acquisition, the Tenant has been displaced from the Property. <br />C, The Parties desire to resolve all Issues relating to the City's acquisltion of the <br />Property in 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 <br />and settlement of disputed claims, and shag never, at any time or for any purpose, <br />be considered an admission of liability or responsibility on the part of any of the <br />parties herein 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 $10,174.28 (Tan Thousand One <br />Hundred Seventy-four Dollars and Twenty-five Cents) (Tenant Settlement <br />Payment) as total compensation for relocation assistance and any and all related <br />expenses and claims as more fully dewlbed in paragraph 1(b) below. Upon full <br />execution of this Agreement, the City will make a final payment to Tenant In the <br />amount of $10,174.25, <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, <br />including, without limitation, any obligations for relocation assistance, relocation <br />benefits, moving expenses, interest of any kind In the real estate and leasehold, <br />loss of business goodwill, compensation for personal property (loss of inventory), <br />furniture, fixtures and equipment, interest, attorney's fees, appraisal fees, or <br />damages of any nature, <br />(c) Tenant vacated the Property on June 1, 2011 ("Vacate Date'). <br />(d) Tenant hereby agrees that City may remove and dispose of any personal <br />property or trash that was not moved upon the Vacate Date, as It elects and <br />desires, without any notice to Tenant. <br />1 of 7 <br />D 2/9 <br />25F-5
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