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Home My WebLink About1996-06-25; City Council; Resolution 96-220r? 4 1 2 3 4 5 6 7 8 9 10 1 ’ Om 12 <08 ow2 3WZ YI rrocm 13 “->Z cd= goou si22 iUU $055 l4 l5 s$$z 16 002 LOCO ps l7 l8 19 20 21 22 23 24 25 26 27 28 <OJ 0 0 0 RESOLUTION NO. 96-220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED HENNESSY V. CITY OF CARLSBAD, BALCH CASE NO. N69207 WHEREAS, on recommendation of the City Attorney, the City Coun the City of Carlsbad, California has determined that a settlement in the case entit Hennessv v. City of Carlsbad. Balch is in the public interest; and WHEREAS, there are sufficient funds available in the liability self- insurance reserve account to pay the settlement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the ( Carlsbad, California, as follows: 1. That the above recitations are true and correct. 3. That the City Council approves the settlement and authorizes disbursement of $17,500 from the liability self-insurance reserve account for Henl v. Citv of Carlsbad, Balch. 3. That the Settlement and Release Agreement is hereby approved PASSED, APPROVED AND ADOPTED at a Regular Meeting of the 25th day of Council of the City of Carlsbad on the June , 1996, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila an( NOES: None ABSENT: None ATTEST: LLLCtkLgu ALETHA L. WUTENKRANZ, City Qlerk 0 0 . RELEASE AND SATISFACTION KNOW ALL MEN BY THESE PRESENTS: That for an in consideration of the sum of seventeen thousand five hundred dollars ($17,500.00), receipt of which is hereby acknowledge, the undersigned, EVAN HENNESSY does hereby acknowledge full satisfaction and payment of each and ever) claim and/or demand of whatever kind or nature that now exists or may hereafter accrue on behalf of the undersigned against the CITY OF CARLSBAD and COLLEEN BALCH, 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, indirectly or vicariously for damages and injuries to the undersigned, alleged to have arisen or resulted from an incident, casualty or event which occurred September 29 1994, in the City of Carlsbad, County of San Diego, State of California, and for which saic damages the undersigned claims that said CITY OF CARLSBAD and COLLEEh BALCH, its agents and servants, at said time and place, are legally liable in damages which said legal liability and damages are disputed and denied. The undersigned does hereby release and discharge said CITY OF CARLSBAD and COLLEEN BALCH, its agents and servants, and any other person or person, firm, corporation, association, partnership or entity acting on their behalf, of and from each and every claim and/or demand of whatsoever kind or nature, arising or to arise in favor of the undersigned, including all claims for damage to property, attorney's fee, loss of earnings loss of services, or special damage of any character, by reason of or growing out of the aforesaid incident, casualty or event. The undersigned will dismiss with prejudice that certain action now pending in the San Diego Superior Court, North County Branch, for the County of San Diego, entitled Hennessy v. Citv of Carlsbad, Colleen Balch et al. and numbered N69207 in the files therein. 0 0 AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMEN1 AND PAYMENT, IT IS EXPRESSLY AGREED THAT: 1. All claims, past, present or future, are disputed and this full and final settlemen shall never be treated as an admission of liability or responsibility at any time or in an) manner whatsoever on the part of the parties herein released. 2. This release is expressly intended to cover and include all claims and attorney': 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 aforesaic accident, casualty or event, or the effects or consequences thereof. 3. The undersigned understands and agrees that this is a full and final release and that this release covers and includes all claims and attorney's fees of every kind 01 nature, past, present or future, known or unknown, suspected or unsuspected, and al claims under Section 1542, Civil Code of California, are hereby expressly waived. The undersigned understands said Section 1542 provides: "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." 4. The undersigned will indemnify and save harmless said CITY OF CARLSBAD and persons above named, its agents, and servants, and any other person or persons firm, corpporation, assocktion, partnsrship or ei2it-j acting on their behalf, of and from an) and every claim and/or demand of every kind or character, including all causes of action therefor, which can or may ever be asserted by reason of injury 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 to all the terms of this release and that the above-mentioned sum is the entire and only consideration for this release. 2 0 0 6. This release shall bind and be binding upon the heirs, executors, administrators and assigns of the undersigned. FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE FOLLOW\NG TO APPEAR ON THIS FORM: Among other things, Insurance Code Section 556 provides: (a) It is unlawful to: 1. Knowingly present to or cause to be presented any false or fraudulent claim for the payment of a loss under a contract of insurance. 2. Knowingly file multiple claims for the same loss or injury with more than one insurer with an intent to defraud the insurer. 3. Knowingly prepare, make or subscribe any writing, with intent to present or use the same or to allow it to be presented or used in support of any such claim. (b) Every person who violates any provision of this section is punishable by imprisonment in the state prison, for two, three, or four years, or by fine not exceeding ten thousand dollars ($10,000), or both. The undersigned does hereby authorize and direct that payment of said sum be made by check or draft payable to the undersigned. IN WITNESS WHEREOF, the undersigned does hereunto set his hand and seal this /o fi’dayof Z/V.Cr , 1996 &fl,A?&q /- EVAN HENNESSY *’ Ill Ill Ill 3 e e STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 On l~ IC, /qqf$efore me, zl7,H,J -f? ic/ HiUh&& , nota? personally known to me or provsto me on%ei%k of skisfactory evidence to be thi person(s)whose name(s) islare subscribed to the within instrument and acknowledge( to me that helshelthey executed the same in his/her/their authorized capacity(ies), an1 that by his/her/their signature(s) on the instrument the person(s), or the entity upor behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. ):SS public, petonally appeared l,fcu4 -* , d-G Id, #--4h&t@ SIGNATURE OF NOTARY NOTARY PUBLIC C I represent plaintiff in this litigation and I have read the foregoing "Release anc Satisfaction" and have recommended that my client execute the same. $id 5.[,;;.... MI CHE.FREE AN,ESQ. 4 <