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HomeMy WebLinkAboutPrava Construction Services Inc; 2015-04-08;EXHIBIT 2 SETTLEMENT AGREEMENT AND RELEASE This SETTLEMENT AGREEMENT AND RELEASE (hereinafter referred to as "Settiement Agreement") is made and entered into by and between Prava Constniction Services, Inc. hereinafter referred to as (Prava) and City of Carlsbad, CA (hereinafter referred to as "Claimant"). RECITALS A. Claimant has made a claim against Prava for property damage occurring on or about November I, 2014 at 2075 Las Palmas Dr. Carlsbad, CA to property owned and managed by Claimant when a rain storm caused water damage. (The accident) B. Claimant and Prava desire to enter into this Settlement Agreement in order to avoid the costs and risks of litigation. AGREEMENT Claimant and Prava hereby agree as follows: 1. Payment has been made by Mt. Hawley Insurance Company on behalf of Prava for $ 55,947.05 (Fifty Five Thousand Nine Hundred Forty Seven and 051100) to claimant, receipt of which is hereby acknowledged. (See paragraph 7. Below) 2. Claimants will release and discharge Prava and their insurers, principals, partners, parent and subsidiary corporations, agents, members, residents, officers, employees, attomeys, and other representatives from any and all claims, liens, demands, debts, liabilities, damages (including attomey's fees and costs), and causes of action arising out of the above-referenced accident at 2075 Las Palmas Drive, Carlsbad, Califomia. 3. This Settlement Agreement is intended to include all alleged acts, causes of action or claims which are the result of the accident occurring on November 1, 2014 at 2075 Las Palmas Drive, Carlsbad, Califomia. 4. This Settlement Agreement shall be fully binding and a complete settlement of all claims between Claimant and Prava arising out of this accident. 5. This Settlement Agreement does not constitute an admission of fault or liability by any party, all of whom deny any fault or liability. 6. Claimant has read this Settlement Agreement, knows the contents thereof, and has had adequate opportunity to consult with counsel about the effect and consequences of the Settlement Agreement and further acknowledge that its terms are contractual and not mere recitals. // // // // EXHIBIT 2 7. Claimant authorizes payment to be made direct to Servpro of Carlsbad in the amount of $39,753.65 for janitorial and building repairs; and for $5,205.00 to Prava for their labor and supervision costs; and $6,346.40 to Newbery Construction and Prava for repairs to baseboards; and for $4,642.00 to Prava and Heartland Acoustics for ceiling tile. Claimant:___,;i^!i^;^^^_ "J^-x^ 0^:.c— City of Carlsbad Authorized Representative Notary ^ Date: ^ " / ^ ..^^^ Page 2 of 2 CAUFOnNIA ALL-PURPOSE ACKNOWLEDGiffiNT CIVIL CODE § 1189 A notary public or other officer completing this certificate vaifies onfy the identity of the individual who signed the document to which this certificate is attached, and not the tnjthfulness, a^uracy, or valWity of that document. State of Califomia County of So-r- ^ On Ap*^'! ^.•^oiS' before me. ) Date personally appeared "Te'^^fe L.-^.i^ur^ H'g>T4^C| Ac4uc- Here Insert Name and Title of tiie Officer tameis) i Nameis) ofSigner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instmment and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature{s) on the instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instmment. URIEL WHUnjY NMaryfiiMe-CiMtomit *M0it9oC«wi^ s 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature Signature of Notary fhibln Piace Notary Seal Above — OPTIONAL Though ttiis section is optional, completing this mformation can deter alteration ofthe document or fraudulent reattachment of this form to an unintended document Description of Attached Document fi^^t ^ Title or Type of Document: ^SaJi=KAi_tfw-r~f i4<^ /ee<*v::-A.^- Document Date: Number of Pages: c?.- Signer(s) Other Than Named Above: CapacityOes) Claimed by Signer(s} Signer's IMame: 1 1 Corporate Officer — Title(s): • Partner — • Limited • General U Individual • Attomey in Fact • Trustee L 1 Guardian or Conservator n other: Signer Is Representing: Signer's Name: • Corporate Officer - Title{s): • Partner — n Limited L J General f 1 Individual U Attorney in Fact I i Tmstee L J Guardian or Conservator • Other Signer Is Representing: ©2014 National Notary /\ssociation • www.NationalNotary.org • 1 -800-US NOTARY (1-800-876-6827) Item #5907