HomeMy WebLinkAbout1988-03-08; City Council; Resolution 88-69IC7
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RESOLUTION NO. 88-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE SETTLEMENT AND AUTHORIZING AN EXPENDITURE
OF FUNDS FOR THE LAWSUIT ENTITLED JOHNSTON V. CITY OF CARLSBAD.
WHEREAS, City Attorney and the Risk Manager reco // a settlement of the case entitled Johnston v. City of Carl 4
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and the City Council agrees it is in the City's best inter
and
WHEREAS, there are sufficient funds available in
liability self-insurance reserve account to pay the settle
NOW, THEREFORE, BE IT RESOLVED by the City Counc
the City of Carlsbad, California, as follows:
1. That the above recitations are true and corr
2. That the expenditure of $77,975.11 from the
liability self-insurance reserve account is authorized for
settlement of said case.
3. That the City Council approve the General Re
and Settlement of Claim Agreement attached hereto and made
part hereof and authorize disbursement of $77,975.11 from
liability self-insurance reserve account in accordance wit
agreement.
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PASSED, APPROVED AND ADOPTED at a Regular Meetinr
the City Council of the City of Carlsbad on the 8th day I
March , 1988, by the following vote, to wit:
AYES; Council Members Kulchin, Pettine and Larson
NOES: None
ABSENT: Council Members Lewis and Mamaux
ATTEST :
IS! Mayor Mayor Pro-Tern
AIlETHA &&€& L. iUT$-%&ty 4 blerk
(SEAL)
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GENERAL RELEASE AND SETTLEMENT OF CLAIM
For the sole consideration of One Hundred Twen I I 'Thousand and no/100 ($125,000.00) Dollars, the undersign
releases and further discharges the CITY OF CARLSBAD fro
claims and demands, rights and causes of action of any k
undersigned now has or hereafter may have on account of
way growing out of the damages resulting or to result fr
incident occurring on or about September 4, 1985, which
subject of San Diego Superior Court Case No. N33482.
Further, the undersigned hereby agrees to rele
and all claims and demands, rights and causes of action
kind that may now have arisen or hereafter may arise as
of the above incident, and further agree to hold the CIT
CARLSBAD harmless, for and against any claim, lien or de
has arisen or may arise from the incident described here
including, but not limited to Worker's Compensation lien
medical liens of any type whatsoever.
This release expresses a full and complete set
of a liability claimed and denied on the part of all par
regardless of the adequacy of the above consideration, a
acceptance of this release shall not operate as an admis
liability on the part of any party hereto.
All rights given by Section 1542 of the Civil
California, which is quoted below, are waived by the und
CIVIL CODE SECTION 1542: "A general release
does not extend to claims which the creditor
does not know or suspect to exist in his
favor at the time of executing the release,
which if known by him must have materially
affected his settlement with the debtor."
H,
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By signing this General Release, the undersign,
intends to give up and discharge all rights and claims t
to person and/or property, even though some of such damaj
not have shown themselves at the time of acceptance of t
settlement.
DATED : :/;: " 1-1 - gzs J, .\
~+zLRD 6. JOHNSTON . ?i DATED : :/;: " 1-1 - gzs J, .\
~+zLRD 6. JOHNSTON . ?i
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