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HomeMy WebLinkAbout1988-07-05; City Council; Resolution 88-216“‘I! 0 0 1 2 3 4 RESOLUTION NO. 88-21 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED AMES V. CITY OF CARLSBAD 5 WHEREAS, by recommendation of the City Attorney the I 6 7 Council of the City of Carlsbad, California has approve settlement in the case entitled Ames v. City of Carlsbad; an’ a WHEREAS, there are sufficient funds available in 9 liability self-insurance reserve account to pay the settleme 10 NOW, THEREFORE, BE IT RESOLVED by the City Counci 11 the City of Carltsbad, California, as follows: 12 1. That the above recitations are true and correcl 0 ‘ 00 13 9s liability self-.insurance reserve account is authorized for g1.p o u1 Q 14 2. That the expenditure of $16,509.40 from gz m z0ua N 2:zg ma,< lL - $0 Lsgs 16 3. That the City Council approve the settlement oE2m go s > 5 2 17 authorize disbursement of $16,509.40 from the liability SI 15 settlement of said case. to - F 0 18 insurance reserve account. 19 I.. . 20 ... 21 22 ... ... 23 I/. . . 24 11. . . 25 )I. . . 26 11. . . 27 11 28 II “I 4D 0 1 PASSED, APPROVED AND ADOPTED at a Regular Meetinc 2 he City Counci:L of the City of Carlsbad on the 5th day o 3 1 July , 1988, by the following vote, to wit: 4 5 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and NOES: None t5 ll ABSENT : None 7 8 9 10 TTEST: 11 I a a *a 98 g2 3 gLL=3 206.: QEZE E3.a gg$ iio 2g2m 5.5 [r s t d vwa 12 13 14 15 16 17 ALETHA L. RAUTENKRANZ, City Ckrk (SEAL) - 0 18 19 20 21 22 23 24 25 26 27 28 . .' r: a e RELEASE AND SATISFACTION KNOW ALL MEN BY THESE PRESENTS: That for an in consideration of the sum of fifteen thousand three hundred seventy four dollars and forty cents ($15,374.40) receipt of which is hereby acknowledged, the undersigned, Pamela Ames, does hereby acknowledge full satisfaction and payment of each and every claim and/or demal of whatever kind or nature that now exists or may hereafter accrue on benalf of the undersigned against tile CITl OF CARLSBAD and OFFICER HICHALEK, its agents and servants, or ai other person or persons, firm, corporation, association, partnership or entity acting on their behalf, charged with responsibility for or liable directly, indirectly or vicariously for damages and injuries to the undersigned, alleged to have arisen or resulted from an incident, casualtl or event which occurred April 11, 1986, in the City of Carlsbad, County of San Diego, State of California, and for which said damages the undersigned claims that said CITY OF CARLSBAD and OFFICER MICHALEK, its agents and servants, at SE time and place, are legally liable in damages, which said le5 liability and damages are disputed and denied. The undersigned do hereby release and discharge said CI: OF CARLSBAD and OFFICER HICHALEK, its agents and servants, ar any other person or person, firm, corporation, association, partnership or entity acting on their behalf, of and from eac and every claim and/or demand of whatsoever kind or nature, arising or to arise in favor of the undersigned, including a1 claims for damage to property, attorney's fee, loss of 0 0 earnings, loss of services, or special damage of any charact' by reason of or growing out of the aforesaid incident, casua or event. The undersigned will dismiss with prejudice that certai action now pending in the Municipal Court, North County Judicial District, for the County of San Diego, entitled Arne: et al. v. City of Carlsbad et al. and numbered N34474 on thl files therein. AS: A FURTHER CONSIDER-%1'102? FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT, IT IS EXPRESSLY AGREED THAT: 1. All claims, past, present or future, are disputed ai this full and final settlement shall never be treated as an admission of liability or responsibility at any time or in a] manner whatsoever on the part of the parties herein released, 2. This release is expressly intended to cover and include all claims and attorney's fees, several or otherwise, past, present or future, which can or may ever be asserted b! heirs, or otherwise, including all causes of action therefor, as the result of the aforesaid accident, casualty or event, c the effects or consequences thereof. 3. The undersigned understands and agrees that this is full and final release and that this release covers and includes all claims and attorney's fees of every kind or nature, past, present or future, known or unknown, suspected unsuspected, and all claims under Section 1542, Civil Code of California, are hereby expressly waived. The undersigned understands said Section 1542 provides: "A general release doe not extend to claims which the creditor does not know or suspect '.' .* a a 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." 4. The undersigned will indemnify and save harmless sa CITY OF CARLSBAD and OFFICER MICHALEK and persons above namec its agents, and servants, and any other person or persons, firm, corporation, association, partnership or entity acting their behalf, of and from any and every claim and/or demand every kind or character, including 33.1 causes of action therefor, which can or may ever be asserted by reascn of inj. to the undersigned as the result of the aforesaid accident, casualty or event or as a result of this settlement. 5. The undersigned shall be considered to have agreed 1 all the terms of this release and that the above-mentioned SI is the entire and only consideration for this release. 6. This release shall bind and be binding upon the heil executors, administrators and assigns of the undersigned. FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOWi TO APPEAR ON THIS FORM: It is unlawful to: a. Present 8r cz:us.z to Se presented, false or fra-uduler claim for the payment of a loss under a contract of insurancc b. Prepare, make or subscribe any writing, with intent present or use the same or to allow it to be presented or USI in support of any such claim. Every person who violates any provision of this section punishable by imprisonment in state prison or by fine not exceeding one thousand dollars ($1,000) or both. 8. , .. 0 0 -, r( The undersigned does hereby authorize and direct that payment of said sum be made by check or draft payable to the undersigned. IN WITNESS WHEREOF, the undersigned does hereunto set hj .f" .4 hand and seal this q day of Jufl c , 1988. i 'PAMELA Q*A, AMES Gh& STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO 1 ) :ss On this @ day Of <-/ufl? , 19w before me, thc undersigned notary public in and for the above county and state, residing therehim, duly c mmissioned and sworn, personally appeared /fi&p//@ /fly43 , personally known to me, or provided to nie on the basis of satisfactory evidence, to be the same person(s) described in and whose nan is subscribed to this instrument, and acknowledged to me that he/she/they executed the same. .*. !/ ,~.~~~~~~~"~~~~~~~~~~ / .:.2 ,+r" !;!?;,.? ,.i>,i. .._.. L:,-!~!dL iLI 9 <: t i.,r:;-*.".;>;,'~v. ;:',,;%: +: ..,,."',<3, !:'s;ar( F!J?: :,,- C3,'f::'.,i3h NOTMY- PUBcIe "IN AND FOR THE i; : \? j .~r,r <.*<.-,d ,,., :,.2;++ j ..,,,, ~ sct<i\i ~~'E-GL !cz~~\-,-Y 9 STATE OF CALIFORNIA $.+ ".y <+.,.+.&j .,,,.. *, '+ 1 7 h ~~~?.~~~~~Ei'i3~~~~~.~~~~ / .. 8 &~x:$%< i\ " .zFy.;$::>i. ,, '=! c r, . , ~.~, !Sa.,- ,- 'DT. \ fl2$2/! J//W?&d p C' ..G:;..J b3.V ::cE,m. Exires ?$;a*. 25.25324. 1 represent plaintiff in this litigation and I have reac the foregoinl; "!?elease and Satisfacticn" and have reco~mendec that my client execute the same. 'T,, <- . . i fl i -I -1 \, *;,-Q\&, j.:Jl* ..,, $1 '. ""ANTOINET~E EMZ~EDL HARRISAD Bmy \'-. i 4 1 L- i 0 a "-+ REIIEASE AND SATISFACTION KNOW ALL MEN BY THESE PRESENTS: That for an in consideration of the sum of one thousand one hundred thirty five dollars ($1,135) receipt of which is hereby acknowledged, the undersigned, Fred Isslieb, does hen acknowledge full satisfaction and payment of each and every claim and/or demand of whatever kind or nature that now exisi or may hereafter accrue on behalf of the undersigned against the CITY OF CARLSBAD and OFFICER MItXALER, its agents and servants, or any other person or persons, firm, corporation, association, partnership or entity acting on their behalf, charged with responsibility for or liable directly, indirect1 or vicariously for damages and injuries to the undersigned, alleged to have arisen or resulted from an incident, casualt] or event which occurred April 11, 1986, in the City of Carlsbad, County of San Diego, State of California, and for which said damages the undersigned claims that said CITY OF CARLSBAD and OFFICER MICHALEK, its agents and servants, at si time and place, are legally liable in damages, which said le! liability and d.amages are disputed and denied. The undersigned do hereby release and discharge said CI: OF CARLSBAD and OFFICER MICHALEK, its agents and servants, ai any other person or person, firm, corporation, association, partnership or entity acting on their behalf, of and from eac and every claim and/or demand of whatsoever kind or nature, arising or to arise in favor of the undersigned, including a: claims for damage to property, attorney's fee, loss of earnings, loss of services, or special damage of any charactt 1.. 0 e 2 -8 by reason of or growing out of the aforesaid incident, casual or event. The undersigned will dismiss with prejudice that certain action now pending in the Municipal Court, North County Judicial District, for the County of San Diego, entitled Ames et al. v. City of Carlsbad et al. and numbered N34474 on the files therein. AS A RJXTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT, IT IS EXPRESSLY AGREED THAT: 1. All claims, past, present or future, are disputed ar this full and final settlement shall never be treated as an admission of liability or responsibility at any time or in ar manner whatsoever on the part of the parties herein released, 2. This release is expressly intended to cover and include all claims and attorney's fees, several or otherwise, past, present or future, which can or may ever be asserted b] heirs, or otherwise, including all causes of action therefor, as the result of the aforesaid accident, casualty or event, c the effects or consequences thereof. 3. The undersigned understands and agrees that this is full and final release and that this release covers and includes all claims and attorney's fees of every kind or nature, past, present or future, known or unknown, suspected unsuspected, and all claims under Section 1542, Civil Code 01 California, are hereby expressly waived. The undersigned understands said Section 1542 provides: "A general release doe 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 1”. .* 0 e him must have materially affected his settlement with the debtor.” 4. The undersigned will indemnify and save harmless sa: CITY OF CARLSBAD and OFFICER MICHALEK and persons above name( its agents, and servants, and any other person or persons, firm, corporation, association, partnership or entity acting their behalf, of and from any and every claim and/or demand I every kind or character, including all causes of action therefor, which can or nay evsr be asserted by reason of inji to the undersigned as the result of the aforesaid accident, casualty or event or as a result of this settlement. 5. The undersigned shall be considered to have agreed 1 all the terms of this release and that the above-mentioned SI is the entire and only consideration for this release. 6. This release shall bind and be binding upon the heil executors, administrators and assigns of the undersigned. FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOW: TO APPEAR ON THIS FORM: It is unlawful to: a. Present or cawe to be presented, false or fraudulel ciaim fur the pqrmer,t of z hcss undel- a COF+--- .lLLaYt of insuranct b. Prepare, make or subscribe any writing, with intent present or use the same or to allow it to be presented or us( in support of any such claim. Every person who violates any provision of this section punishable by imprisonment in state prison or by fine not exceeding one thousand dollars ($1,000) or both. The undersigned does hereby authorize and direct that a *. 0 * PaPent of said sum be made by check or draft payable to the undersigned. IN WITNESS WHEREOF, the undersigned does hereunto set h hand and seal this pi? day of J;: /,jC , 1988. STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 ) :ss 1 On this \(' day of 'd L'&&: , 19 6'5' before me, th .:" undersigned notary public in and for the above county and state, residing thereinet duly commissioned and sworn, personally appeared e&<) I.. _.. -a . 6.1. JF--~- ,Jj d. ' d e223 - , personally known to me, or provided to me on the basis of satisfactory evidence, to be the same person(s) described in and whose na is subscribed to this instrument, and acknoqledged to me.tha he/she/they executed the sa ;, ':-~~= ,,~~,..~,~;:~~~~,;~~~~-.,..."~.. :~~.~.2 +x-.. n.?. ;.~+ .~ /;#~~?~> up- - ".A",'&. C',y&q ,," >w:,:;Tz<lG~i SE,qL ii"/.. j '?.\ y; ."!?>!F F """ (; st ~.,',:, ,.i:. ' <\!{/j$ s;:,:;, i''lF>C Cs;j($Ty NO-Y PUBLIC! IN AND FOR THE e-2 '2.4 u2> ' .::.a> rviy :?."";1~;ciCi: ;;< ,, . ,"X :. >,,,Z ., 5:>.y.,, i!..J-.ii CL t. Ti i Kt fb ,.,-?;,:;:,::-,r;-! MgT,t,ti7\:' "il~L!,C""' jFpDhI' L. I .-.. .. .,'.i, ,, L?,-,L . -,<',,?!A r~ilteili...' p:rc,s !an. 26, I%$ ST&E OF CALIFORNIA <&.:> :-; ;... .;-?I?, ~~,~~:,.;.; ".~-;.~~...~~;~,,-~~J 1 I represent plaintiff in this litigation and I have rea' the foregoifig #*Release and! Satisfaction" and have recommendel that my client execute the same.