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FULL PACKET_2011-06-06
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FULL PACKET_2011-06-06
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ALL INCLUSIVE SETTLEMENT AGREEMENT <br />This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a charter city <br />and municipal corporation duly organized and existing under the Constitution and laws of the State of <br />California ( "City ") and Law Offices of William W. Green & Associates ( "Tenant "). The City and Tenant <br />are hereinafter referred collectively as the "Parties." The Effective Date of this Agreement shall be <br />2011, the date on which the Agreement has been fully executed by the City <br />and Tenant. <br />RECITALS <br />A. Tenant operates a business, commonly known as Law Offices of William W. Green, <br />located at 1631 N. Bristol Street, Suites B -10, 204 & 310 and 828 N. Bristol, Suite 204, <br />Santa Ana, CA 92706 (the "Properties "). <br />B. The City has made an offer and intends to purchase the Properties for the Bristol Street <br />Widening Project. As a result of the City's pending acquisition, the Tenant will be <br />displaced from the Properties. <br />C. The Parties desire to resolve all issues relating to the City's acquisition of the Properties in <br />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 and <br />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 herein <br />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 $60,233.25 (Sixty- Thousand Two Hundred <br />Thirty -Three Dollars and Twenty -Five Cents) (Tenant Settlement Payment) as total <br />compensation for relocation assistance and any and all related expenses and claims <br />as more fully described in paragraph 1(b) below. Upon full execution of this Agreement, <br />the City will begin processing an initial payment, payable to Tenant, in the amount of <br />$30,116.63. The City will make the final payment to Tenant in the amount of <br />$30,116.62 after Tenant vacates the Properties, signs a Certificate of Abandonment, <br />provides all keys to the Properties to the City or to the City's relocation consultant, and <br />provides written verification that all hazardous materials have been legally and properly <br />moved. <br />(b) Tenant agrees, that the consideration received pursuant to paragraph 1(a) & 1(d) <br />constitutes full satisfaction of any and all obligations of the City to Tenant, including, <br />without limitation, any obligations for relocation assistance, relocation benefits, moving <br />expenses, interest of any kind in the real estate and leasehold, loss of business <br />goodwill, compensation for personal property (loss of inventory), furniture, fixtures and <br />equipment, interest, attorney's fees, appraisal fees, or damages of any nature. <br />(c) Tenant agrees to vacate the Properties on or before June 20, 2011 ( "Vacate Date ") <br />1 of 6 <br />25G -26 <br />
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