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SANTA ANA FLORIST (KRUGER, CHARLES & VICKI)
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SANTA ANA FLORIST (KRUGER, CHARLES & VICKI)
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Last modified
6/19/2014 3:16:52 PM
Creation date
12/9/2010 2:16:28 PM
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Contracts
Company Name
SANTA ANA FLORIST (KRUGER, CHARLES & VICKI)
Contract #
A-2010-220
Agency
PUBLIC WORKS
Council Approval Date
11/15/2010
Destruction Year
0
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A A- 2010 -220 <br />EO <br />ALL INCLUSIVE SETTLEMENT AGREEMENT <br />This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter <br />city and municipal corporation duly organized and exiting under the Constitution and laws of the <br />�i State of California ( "City ") and Charles Krueger and Vicki Krueger dba Santa Ana Florist <br />f ( "Tenant "). The City and Tenant are hereinafter sometimes referred to collectively as the <br />"Parties." <br />RECITALS <br />Ct� A. Tenant operates a business, commonly known as Santa Ana Florist at 315 N. Bristol <br />Street, Santa Ana, CA (the "Property "). <br />B. The Agency has acquired the Property for the Bristol Street Widening Project. Tenant <br />currently occupies the Property under a lease which became effective June 1, 2001 <br />and extends through May 31, 2011, and provides Tenant with one 5 year option to <br />renew under the same terms (the "Lease "). <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 />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 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 />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 Agency shall pay to Tenant the sum of $280,000.00 (Two Hundred Eighty <br />Thousand Dollars) (Tenant Settlement Payment) as total compensation for <br />relocation assistance and any and all related expenses and claims as more fully <br />described in paragraph 1(b) below. Upon full execution of this Agreement, the <br />Agency will begin processing an initial payment, payable to the Peterson Law <br />Group Client Trust Account, in the amount of $180,000.00, and pay same within <br />thirty (30) days of execution of this Agreement. The Agency will make the final <br />payment to the Peterson Law Group Client Trust Account in the amount of <br />$100,000.00, when Tenant vacates the Property, signs a Certificate of <br />Abandonment, provides all keys to the Property to the Agency or to the Agency's <br />relocation consultant, and provides written verification that all hazardous <br />materials have been legally and properly moved. <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 />1 of 7 <br />
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