HomeMy WebLinkAbout1990-03-13; City Council; Resolution 90-16. c v 0
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RESOLUTION NO. 90-1 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AUTHORIZING THE
EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE
LAWSUIT ENTITLED ROSENBLATT V. CITY OF
CARLSBAD - CASE NO. N39533.
WHEREAS, by recommendation of the City Attorney thc
Council of the City of Carlsbad, California has approT
settlement in the case entitled Rosenblatt v. City of Carlsbac
WHEREAS, there are sufficient funds available i
liability self-insurance reserve account to pay the settlemc
NOW, THEREFORE, BE IT RESOLVED by the City Council (
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the expenditure of $7,500 from the liak
self-insurance reserve account is authorized for the settlemt
said case.
3. That the City Council approve the settlemen
authorize disbursement of $7,500 from the liability self-ins1
reserve account.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting c
City Council of the City of Carlsbad on the 13th day of g
1990, by the following vote, to wit:
AYES: Council Members Lewis, Pettine, Mamaux and Larson
NOES: None
ABSENT: Council Member Kulchin
ATTEST :
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(SEAL)
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-LEABE OF ALL CLAIMS
This agreement is made by and between RABBI JOHN ROSENBLATT and BARBARA ROSENBLATT of the County of San Diego, California, hereinafter called nReleasorsn, and THE CITY OF CARLSBAD and SUSIE PERRY, hereinafter sometimes called nReleaseesn. Releasors, pursuant to Sections 1541 and 1542 of the California Civil Code extinguish their rights and claims against the Releasees as hereinafter enumerated. In cofisideration of a check or draft in the amount of Seven Thousand Five Hundred Dollars ($7,500.00) from THE CITY OF CARLSBAD and a check or draft in the aaount csf Seven Thozsand Five Hundred Dollars ($7,500.00) from SUSIE PERRY, both made payable to RABBI JOHN ROSENBLATT and BARBARA ROSENBLATT, and their attorneys of
record, 3 --Vv the Releasors agree as follows:
executors, administrators, and assigns hereby fully release and
discharge Releasees and their heirs, executors, administrators,
assigns, themselves and their successors from all rights,
claims and actions which the Releasors and their above-
mentioned successors now have or may after the signing of this
agreement have against the Releasees and their above-mentioned successors arising out of an accident which occurred on or about May 24, 1987, at, about and/or on property described as
the sidewalk in front of property located at 2714 Levante
Street, in the City of Carlsbad, County of San Diego, State of
California, when Releasors fell (hereinafter referred to as
Releasors' Complaint) in which Releasors were injured and damaged as more fully stated in Releasors' Complaint, and all other unknown injuries or damages suffered by Releasors.
1. The Releasors, on behalf of themselves, their heirs,
2. This Release, notwithstanding Section 1542 of the C~lffo~ai~ Civil i"ocie vhieh provides that:
"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,n
releases all injuries, damages or losses to Releasors' person
and property, real or personal, whether known, unknown,
foreseen, unforeseen, patent or latent, which Releasors may have against Releasee. Releasors understand and acknowledge the significance and consequence of such specific waiver of
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Section 1542, and hereby assume full responsibility for any injuries, damages or losses that they may incur from the above-
mentioned event. d
2 3. This Release and settlement includes any and all liens for medical services, legal services, workers' compensation benefits paid, or liens of any other kind whatsoever, whether actual or asserted, present or prospective, any claims, causes of action or rights to attorney's fees, interest and costs incurred, any rights, claims or interest in causes of action or claims for insurance bad faith based on case law or California Insurance Code Section 790.03(h), whether actual or asserted, present or prospective, as against THE CITY OF CARLSBAD and SUSIE PERRY (Releasees) . Releasors further.:.agree for themselves, their heirs, executors, administrators and assigns, to fully and expressly indemnify, save and hold harmless and defend,Releasees fer and against all clzlns, clexaands, causes of action, damages, costs and losses, and liabilities arising out of any lien described herein.
4. Furthermore, Releasors agree that the monies paid by
THE CITY OF CARLSBAD and SUSIE PERRY in consideration of this
agreement are for reimbursement of medical expenses, lost wages
and disability, as well as complaints of pain and suffering and
loss of consortium, which resulted from the incident which
" forms the basis of plaintiffs' claims and Complaint, San Diego
County Superior Court, North County Branch, Case No. N39533.
5. This Release is freely and voluntarily executed by us, RABBI JOHN ROSENBLATT and BARBARA ROSENBLATT and we hereby declare and represent that the injuries sustained are permanent
and progressive, and that recovery therefrom is uncertain and
indefinite, and in making this Release and agreement, it is
understood and agreed that we rely wholly upon our agents and
our own judgment, belief and knowledge of the nature, extent
and duration of said injuries, and that we have not been influenced to any extent whatever in making this Release by any representations or statements regarding said injuries or
regarding any other matters made by persons, firms or
corporations who are hereby released, or by any person or
persons representing him or them or by any physician or surgeon employed by him or them.
6. It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that
payment of said money is not to be construed as an admission of
liability on the part of THE CITY OF CARLSBAD and SUSIE PERRY,
their agents, employees and officers, by whom liability is expressly denied.
7. We hereby represent that at the time we sign this Release were are not hospitalized in a medical facility, nor
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J admitted to a medical facility within the past 15 days. We
further represent that this Release is not executed under duress.
8. The Releasors have read this Release and had the terms used herein, and consequences thereof, explained by Michael A. Feldman, of San Diego County, California, licensed as an
attorney of the State of California, who is representing
Releasors in San Diego County Superior Court, North County
Branch, Case No. N39533.
9. This Release contains the entire agreement between the parties hereto, and the terms of this Release are contractual and not a mere recital. .< r
WITNESS my hand and signature on this Z.Z/day of %,
1990.
thereof and sign the same as your own free act? 2PS - no. Have you read the foregoing Release and know t contents
CAUTION: READ BEPORB 8IGNING.
Conditional upon receipt sf funds.
BARBARA ROSENBLATT
Witnesses: a
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&e: release
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