HomeMy WebLinkAbout1992-10-06; City Council; Resolution 92-303Om
&em a08
iU, 0Lug
3055
d->o Zdrg
9 OOLL I ai
oz-lo KK%O 003 Lao aod p5 50
SLu? a>
ahma zwo
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
W
RESOLUTION NO. 92-303
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE
EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE
LAWSUIT ENTITLED ALVAREZ V. CITY OF CARLSBAD CASE NO. 120927
WHEREAS, on recommendation of the City Attorney the
City Council of the City of Carlsbad, California has determine
that a settlement in the case entitled Alvarez v. City of
Carlsbad is in the public interest: and
WHEREAS, funds are unnecessary to settle this lawsuj
NOW, THEREFORE, BE IT RESOLVED by the City Council c
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct,
2. That the City Council approves the settlement.
3. That the City Attorney is authorized to sign thc
Settlement Agreement and Release which is hereby approved.
PASSED, APPROVED AND ADOPTED at a Regular Meeting 0:
the City Council of the City of Carlsbad on the 6th day
of OCTOBER , 1992, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton, Nyga,
NOES: None
ABSENT : None
ATTEST:
~
n
f ,. '
'% A' . , *. 0 W
MUTUAL RELEASE AND SETTLEMENT OF CLAIMS
The undersigned, JERRY ALVAREZ, hereby releases and
further discharges OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK, and
THE CITY 01. CARLSBAD, from all claims and demands, rights and
causes of action of any kind the undersigned may now have, or
hereafter may have on account of, or in any way growing out of, the
damages resulting, or to result,.. from the incident occurring on or
about October 14, 1991, which is the subject of the San Diego
Municipal Court case number 120927.
Further, the undersigned hereby agrees to release OFFICER
DAMIAN GARCIA, OFFICER ROBERT WICK and THE CITY OF CARLSBAD from
any and all claims and demands, rights and causes of action of any
kind.that may now have arisen or hereafter may arise as a result of
the above incident, and further agrees to hold OFFICER DAMIAN
GARCIA, OFFICER ROBERT WICK, and THE CITY OF CARLSBAD harmless and
to indemnify them for and against any claim, lien or debt which. has
arisen or may arise from the inc.ident described herein, including
but not limited to Workers' Compensation liens and medical liens of
any type whatsoever. i
In consideration of this release, OFFICER DAMIAN GARCIA,
OFFICER ROBERT WICK, and THE CITY OF CARLSBAD, hereby agrees to
waive any and all claims against plaintiff JERRY ALVAREZ and his
attorneys which arose from the incident or filing of this
litigation, including those for malici.ous prosecution or abuse of
process.
1.
<, i .. w
OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK and THE CITY
OF CARLSBAD hereby releases and further discharges JERRY ALVAREZ
and his attorneys from all claims and demands, right.s.and causes of
action of any kind that OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK
and THE CITY OF CARLSBAD may have, or hereafter may have on account
Of, or in any way growing out of, the damages resulting, or to.
result, from the incident occurring on or about October 14, 1991,
which is the subject of the San Diego Municipal Court case number
120927. +
Further, OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK and
THE CITY OF CAGLSBAD agrees to release JERRY ALVAREZ and his
attorneys from any and all claims and demands, rights and causes of
action of any kind that may.now have arisen or hereafter may arise
as a result of the above incident, and further agrees to hold JERRY
ALVAREZ and his attorneys harmless and to indemnify them for and
against any claim, lien or debt which has arisen or may arise from:
the incident described herein, including but not limited to
Workers' Compensation liens and medical liens of any type
whatsoever.
This release expresses a full and complete settlement of
a liability claimed and denied on the part of both parties hereto,
regardless of the adequacy of the above consideration, and the
acceptance of this release shall not operate as an admission of
liability on the part of any party hereto. All rights given .by
section 1542 of the Civil Code of California, which is quoted
below, are waived by the undersigned. .
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 th,e time of executing the release, which if known by him must have materially affected his '. settlement with the debtor.
The parties represent and warrant each to the other that
2
.x
i f .* L 0 - 4 they have not assigned to any third party any of the claims which
were intended to be released and discharged by this agreement. No
party is aware of any other party who might assert some interest in
any of the claims intended to be released and discharged hereunder.
This agreement shall be binding upon and inure to the
benefit of the heirs, successors, assigns, shareholders, officers,
directors, employees and legal representatives of the parties and
each of them.
Each party agrees to bear his own costs and attorney fees
as incurred herein.
Should legal action be commenc.ed to enforce the terms of
this agreement or to seek clarification of' this agreement, the
prevailing party in such a legal action shall be entitled to
reasonable attorney's fees and coyt costs incurred herein.
IN WITNESS WHEREOF, the parties hereto'have executed this
Agreement, effective as of July 24, 1992, on the date set forth
below.
By signing this General Release, I intend to give up and
discharge all rights and claims to damages to persons and/or
property against OFFICER DAMIAN GARCIA, OFFICER ROBERT WICK,
///
///
///
///
///
///
///
///
i i 3
.# .* v m W
ta 3.. 4
L THE CITY OF CARLSBAD, JERRY ALVAREZ and his attorneys, even though
the sum of such damage may not have shown themselves at the time of
acceptance of this settlement.
Dated: &//+ L &d
E Y ALVAREZ, Pla tiff
c\ - 3 .-5 2/ Dated: ?bk7 ’, .’ WIJJ %,ap Lokv N
OFFICER D IAN GARCIA
Dated: / - OFFICER ROBERT F fCK
Dated: /o’ 7. $2 ’ .. Od /zh
THE CITY’ OF CARLSBAD
APPROVED AS TO FORM:
Dated: ‘al/y!F -2” /;I J.).?& LL \!u...,-
D. BARKER, Esq.
ey for Plaintiff,
JERRY ALVAREZ
Dated: 71 I/&/
.. ’ DAMIAN GARCIA, ROBERT WICK and THE CITY OF C.ARLSRAD
\wp5l\foms\alvarez.agm
-4