HomeMy WebLinkAbout1987-07-07; City Council; Resolution 91381
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RESOLUTION NO. 9138
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE SETTLEMENT
AND MUTUAL RELEASE OF CLAIMS AGREEMENT BETWEEN
THE CITY OF CARLSBAD AND JAYKIM ENGINEERING
COMPANY FOR THE ENGINEERING DESIGN OF A HOME
PLANT SEWER LIFT STATION.
The City Council of the City of Carlsbad, California,
does hereby resolve as follows:
1. That the Settlement and Mutual Release of Claims
agreement between the City of Carlsbad and Jaykim Engineering
Company for the engineering design of a home plant sewer lift
station, marked Exhibit B and made a part hereof, is hereby
approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPR.OVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
7th day of July , 1987, by the following vote, to
wi:
ATTEST :
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES:
ABSENT: None
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SETTLEMENT AND MUTUAL RELEASE OF CLAIMS
THIS AGREEMENT, made and entered into as of the
Y of , 1987, by and between the City of Carlsbad,
municipal corporation (hereinafter referred to as "City") and
yKim Engineers, Inc., of San Diego, California (hereinafter referred
as "Consultant") .
RECITALS
WHEREAS, the City and Consultant entered into an agreement
r architectural and engineering services dated November 9, 1984;
d
WHEREAS, disputes arose between the parties thereto as to the
antity and quality of work performed thereunder; and
WHEREAS, the parties had entered into negotiations to resolve
ose disputes; and
WHEREAS, neither party wishes to engage in or be subject to the
certainties of litigation to resolve this dispute; and
WHEREAS, the parties wish to forever resolve any and all disputes
ising from said written agreement; and
WHEREAS, City has paid Consultant the sum of $14,500,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Consultant shall pay to City the sum of $3,625.
2. Upon the sum set forth above, the parties agree to
mutually waive any and all claims or causes of action whether
0 .- e
own of unknown arising out of or resulting from the performance
said written agreement.
,TED: JAYKIM ENGINEERS, INC.
f
4TED : CITY OF CARL~BAD
by :
PPROVED AS TO FORM
INCENT F. BIONDO, JR. City Attorney
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s
WHEREAS, neither party wishes to engage in or be subject to the
SETTLEMENT AND MUTUAL RELEASE OF CLAIMS
arising from said written agreement; and
WHEREAS, City has paid Consultant the sum of $14,500,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Consultant shall pay to City the sum of $3,625.
2. Upon the sum set forth above, the parties agree to
mutually waive any and all claims or causes of action whether
THIS AGREEMENT, made and entered into as of the //*
.y of I , 1987, by and between the City of Carlsbad, c;/ LY1
municipal corporation (hereinafter referred to as "City") and
.yRim Engineers, Inc., of San Diego, California (hereinafter referred
I as "Consultant").
I RECITALS
I WHEREAS, the City and Consultant entered into an agreement
far architectural and engineering services dated November 9 , 1984;
a Ad
1 WHEREAS, disputes arose between the parties thereto as to the
quantity and quality of work performed thereunder; and
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WHEREAS, the parties had entered into negotiations to resolve
nown of unknown arising out of or resulting from the performance
f said written agreement.
ATED :
ATED:
JAYKIM EMGINEERS , INC.
i/ CITY OF CARL~BAD
W CLAUDE A. LEWI'S, Mayor
PI?ROVED AS TO FORM
., 0 -&.---eu -.
INCENT F. BIONDO, JR. City Attorney
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