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<br /> <br /> <br /> EXHIBIT 1 <br /> <br /> <br /> ALL INCLUSIVE SETTLEMENT AGREEMENT <br /> <br /> This Agreement ("Agreement") is made by and between the City of Santa Ana, a public <br /> body, corporate and politic ("Agency") and Abel Torres ("Tenant"). The Agency and Tenant are <br /> hereinafter sometimes referred collectively as the "Parties." <br /> <br /> RECITALS <br /> <br /> A. Tenant operates a business, commonly known as Rumores, and is the occupant of real <br /> property located at 517 N. Bristol St., Santa Ana, CA (the "Property"). <br /> B. The Property has been acquired by the Agency for the Bristol Street Widening <br /> Project. Tenant currently occupies the Property under a lease dated May 6, 1985, <br /> which commenced on May 6, 1985 and ends upon thirty days of written notice <br /> (collectively, the "Lease"). <br /> <br /> C. The Parties desire to resolve all issues relating to the Agency's acquisition of the <br /> Property in accordance with the terms and conditions set forth below. <br /> <br /> D. The Parties acknowledge that the payment as set forth in Section 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 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 <br /> herein released. <br /> <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 /> <br /> 1. Consideration <br /> <br /> (a) The Agency shall pay to Tenant the sum of $22,000.00 (Twenty-Two Thousand <br /> Dollars) (Tenant Settlement Payment) as total compensation for goodwill loss <br /> and any and all related expenses and claims as more fully described in paragraph <br /> 1(b) below. Upon full execution of this Agreement, the Agency will begin <br /> processing a payment, payable to Abel Torres, in the amount of $22,000.00 less <br /> any deductions described in paragraphs 1 (c) of this Agreement, after Tenant <br /> vacates the Property, signs a Certificate of Abandonment, provides all keys to the <br /> Property to the Agency or to the Agency's relocation consultant, and provides <br /> written verification that all hazardous materials have been legally and properly <br /> moved. <br /> <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 Agency 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 /> 1 of 7 <br /> 25D-3 <br />