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<br /> <br /> <br /> <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 Chris Yoh and Sharon Yoh ("Tenants"). The <br /> Agency and Tenants are hereinafter sometimes referred collectively as the "Parties." <br /> RECITALS <br /> <br /> A. Tenants operate a business, commonly known as Luv N Donuts, and are the <br /> occupants of real property located at 410 N Bristol St. Unit A., Santa Ana, CA (the <br /> "Property"). <br /> <br /> B. A portion of the Property has been acquired by the Agency for the Bristol Street <br /> Widening Project. Tenants currently occupy the Property under a lease dated May 6, <br /> 1985, which commenced on May 6, 1985 and will terminate on August 1, 2012, by <br /> means of a hand delivered written 90 Day Notice to Vacate (collectively, the <br /> "Lease"). <br /> <br /> C. The Parties desire to resolve all issues relating to the Tenants' loss of business <br /> goodwill 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 Tenants the sum of $26,000.00 (Twenty-Six Thousand <br /> Dollars) (Tenants 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 Chris Yoh and Sharon Yoh, in the amount of <br /> $26,000.00. Payment is to be made after Tenants relocate to 410 N. Bristol Street, <br /> unit E, Santa Ana, CA 92703. <br /> <br /> (b) Tenants agree that the consideration received pursuant to paragraph 1(a) above <br /> constitutes full satisfaction of any and all obligations of the Agency to Tenants, <br /> including, without limitation, any obligations for interest of any kind in the real <br /> estate and leasehold, loss of business goodwill, interest, attorney's fees, or <br /> damages of any nature. <br /> (c) Tenants will vacate the premises on or before August 1, 2012 <br /> <br /> <br /> 1 of 7 <br /> 25H-4 <br />