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EXHIBIT 1 <br />ALL INCLUSIVE SETTLEMENT AGREEMENT <br />This Agreement ( "Agreement ") is made by and between the City of Santa Ana, a public <br />body, corporate and politic ( "Agency ") and Abel Torres ("Tenant "). The Agency and Tenant are <br />hereinafter sometimes referred collectively as the "Parties." <br />RECITALS <br />A. Tenant operates a business, commonly known as Rumores, and is the occupant of real <br />property located at 517 N. Bristol St., Santa Ana, CA (the "Property "). <br />B. The Property has been acquired by the Agency for the Bristol Street Widening <br />Project. Tenant currently occupies the Property under a lease dated May 6, 1985, <br />which commenced on May 6, 1985 and ends upon thirty days of written notice <br />(collectively, 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 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 />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 $22,000.00 (Twenty -Two Thousand <br />Dollars) (Tenant 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 Abel Torres, in the amount of $22,000.00 less <br />any deductions described in paragraphs 1 (c) of this Agreement, after Tenant <br />vacates the Property, signs a Certificate of Abandonment, provides all keys to the <br />Property to the Agency or to the Agency's relocation consultant, and provides <br />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) above <br />constitutes full satisfaction of any and all obligations of the Agency 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 />25D -3 <br />