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<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 charter <br /> city and municipal corporation duly organized and existing under the Constitution and laws of <br /> the State of California ("City") and National Council on Alcoholism & Drug Dependence, Inc. - <br /> Orange County, also referred to as NCADD-OC ("Tenant"). The City and Tenant are hereinafter <br /> sometimes referred collectively as the "Parties." The Effective Date of this Agreement shall be <br /> 2010, the date on which the Agreement has been fully executed by the <br /> City and Tenant. <br /> RECITALS <br /> <br /> A. Tenant operates a business, commonly known as National Council on Alcoholism & <br /> Drug Dependence, Inc. - Orange County, located at 1631 N. Bristol Street, Suite <br /> 300, Santa Ana, CA 92706 (the "Property"). <br /> <br /> B. The City has made an offer and intends to purchase the Property for the Bristol <br /> Street Widening Project. As a result of the City's pending acquisition, the Tenant will <br /> be displaced from the Property. <br /> C. The Parties desire to resolve all issues relating to the City'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 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, <br /> be considered an admission of liability or responsibility on the part of any of the <br /> parties 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 /> 1. Consideration <br /> <br /> (a) The City shall pay to Tenant the sum of $26,040.00 (Twenty-Six Thousand <br /> Forty Dollars) (Tenant Settlement Payment) as total compensation for relocation <br /> assistance and any and all related expenses and claims as more fully described <br /> in paragraph 1(b) below. Upon full execution of this Agreement, the City will <br /> begin processing an initial payment, payable to Tenant, in the amount of <br /> $20,000.00. The City will make the final payment to Tenant in the amount of <br /> $6,040.00 after Tenant vacates the Property, signs a Certificate of Abandonment, <br /> provides all keys to the Property to the City or to the City's relocation consultant, <br /> and provides written verification that all hazardous materials have been legally <br /> 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 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 /> 1 of 7 <br /> 25H-13 <br />