YUM YUM DONUT SHOPS, INC. 1-2012

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INSURANCE NOT REQUIRED A-2011-278 WORK MAY PROCEED CLERK OF CCUNC9L )ATE t- 3p- kZ ALL-INCLUSIVE SETTLEMENT AGREEMENT Z,/ This All-Inclusive Settlement Agreement ("ASA" or "Agreeme z' is entad p.n u Y 18, 2012 between the City of Santa Ana, a charter city andnicipd Corporation °Iduly organized and existing under the Constitution and laws of the Stf?-of California ("Cityy', and Yum Yurn Donut Shops, Inc., ("Tenant"). City and Tenant may 'c46ctively be referre,d'to in this ASA as the "Parties." - - RECITALS A. Tenant operates a business on the Property commonly known as Winchell's Donuts, and is the occupant of the real property and improvements located at 624 N. Bristol Street ("Property"). B. On or about September 29, 2010, as part of the Bristol Street Widening Project, the City acquired from WINR.EAL OPERATING COMPANY, L. P. the Property. The Property is presently occupied and leased by Tenant under a lease dated October 20, 2004 ("Lease"). C. Tenant qualifies as a displaced person under California Code of Regulations, Title 25, Division 1, Chapter 6, and is therefore eligible for relocation benefits as described therein. Tenant acknowledges that they have been informed of the City's relocation program and that they have received written material describing the relocation program, including a General Information Notice, an Informational Brochure and a Notice of Eligibility. D. The parties desire to resolve all issues relating to the City's acquisition of the property in accordance with the terms and conditions set forth below. E. The parties acknowledge that the payment as set forth below in paragraph 1(a) and the other consideration given in connection with this agreement are the result of a compromise and settlement of disputed claims, and shall never, at any time or for any purpose, be considered an admission of liability or responsibility on the part of any of the parties herein. Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and subject to the terms, conditions and provisions of this ASA, the Parties agree as follows: 1. Consideration a. City agrees to pay, and Tenant agrees to accept, THREE HUNDRED AND THIRTY ONE THOUSAND, TWO HUNDRED AND FIFTY AND 00/100 DOLLARS ($331,250.00), as compensation for relocation assistance and/or other relocation benefits to which Tenant may be entitled, and any and all loss of business goodwill, leasehold interests, personal property, improvements pertaining to realty, bonus value, and any and all other damages to which Tenants may be entitled as a result of City's acquisition of the Acquired Property for the Project. Payment of the $331,250 will be made within 45 days from the date that All Inclusive Settlement Agreement Page 1 of 5 v 15