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JLT ENTERPRISES-2011
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JLT ENTERPRISES-2011
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Last modified
1/3/2012 2:51:43 PM
Creation date
3/10/2011 5:44:24 PM
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Contracts
Company Name
JLT ENTERPRISES
Contract #
A-2011-054
Agency
PUBLIC WORKS
Council Approval Date
3/7/2011
Destruction Year
0
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A-2011-054 <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 existing under the Constitution and laws of <br />the State of California ("City") and JLT Enterprises ("Tenant"). The City and Tenant are <br />hereinafter sometimes referred collectively as the "Parties." The Effective Date of this <br />Agreement shall be 9 . , 2D.?8, the date on which the Agreement has been fully <br />executed by the City and Tenant. '20 t 1 <br />RECITALS <br />A. Tenant operates a business, commonly known as JLT Enterprises, located at 828 N. <br />Bristol Street, Suite 100, Santa Ana, CA 92703 (the "Property"). <br />B. The City has purchased the Property for the Bristol Street Widening Project. As a <br />result of the City's acquisition, the Tenant will 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 />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 />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 City shall pay to Tenant the sum of $21,995.00 (Twenty-One Thousand <br />Nine Hundred Ninety-Five Dollars) (Tenant Settlement Payment) as total <br />compensation for relocation assistance and any and all related expenses and <br />claims as more fully described in paragraph 1(b) below. Upon full execution of <br />this Agreement, the City will begin processing an initial payment, payable to <br />Tenant, in the amount of $11,995.00. The City will make the final payment to <br />Tenant in the amount of $10,000.00 after Tenant vacates the Property, signs a <br />Certificate of Abandonment, provides all keys to the Property to the City or to the <br />City's 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 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 />(c) Tenant agrees to vacate the Property on or before May 1, 2011 ("Vacate Date") <br />1 of 7
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