HomeMy WebLinkAbout1979-09-04; City Council; 4098-3; Settlement-Bristol Cove Property Owner AssocCITY OF CARLSBAD
AGENDA BILL NO . J^JL^^dLJ^^
DATE: __ September At Ifl^ -- C. Atty.\/fS>
DEPARTMENT: __ City Attorney __ C* Mgr*
Subject: SETTLEMENT—BRISTOL COVE PROPERTY OWNERS ASSOCIATION V.
JANSS CORPORATION, ET AL. . '
Statement of the Matter
The parties to the above-referenced litigation, which
include the City of Carlsbad, have arrived at a negoti-
ated settlement. The settlement is contingent upon the
formation and approval of an assessment district to
construct certain improvements in the Bristol Cove area.
The initial steps to form the district have been taken
and the project is being designed. All the other parties
to the suit have approved and executed the settlement. It
is now appropriate for the Council to act in that regard.
Exhibit
Stipulation Re Contribution to Costs of Formation
of Drainage District and Settlement of Proceeding
Recommendation
That the City Council by motion approve the settlement
of the above-referenced litigation and authorize the
Mayor to execute it.
Council Action:
9-4-79 Council approved the settlement of the Bristol Cove Property Owners
Association v. Janss Corporation, et al, and authorized the Mayorto execute same.
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(SPACF '
HERVEY, MITCHELL, ASHWORTH K KEENEY
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
ATTORNEYS AT LAW
5 2O WEST ASH STREE1T. SUITE 2OO
SAN DIEGO. CALIFORNIA 92IO1
(7t4) 238-1234
Attorneys for Defendant and Cross- Complainant
JANSS CORPORATION
SUPERIOR COURT OF THE STATE OF
^LOW FOR FILING STAMP ONLY)
CALIFORNIA
FOR THE COUNTY OF SAN DIEGO
BRISTOL COVE PROPERTY OWNERS )
ASSOCIATION, a California )
corporation, )
.Plaintiff )
vs. )
)
JANSS CORPORATION, a Delaware )
corporation, and DOES I through )
X, inclusive, )}
Defendants )
JANSS CORPORATION, a Delaware )
corporation, )
Cross-Complainant )
vs . )
CITY OF CARLSBAD, and DOES I through )
C, inclusive, )
Cross-Defendants )
)
No. N 8007
STIPULATION RE
CONTRIBUTION TO
COSTS OF FORMATION
OF DRAINAGE
DISTRICT AND SETTLE-
MENT OF PROCEEDING
The parties to the above-entitled cause, together with
certain insurance companies, by and through their respective
counsel of record, hereby stipulate as follows:
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HERVEY. MITCHELL
ASHWORTH a KEENEV
A PARTNERSHIP INCLUDING
PROFESSIONAL COHFOaATION j
SUITE 200
520 WEST ASH STREET
SAN DIEGO. CA 92101
(714) 230-1234
1. The terms of stipulation and settlement hereinafter set
forth are contingent upon the formation and approval of a
Drainage Assessment District (the "District") by the City of
Carlsbad and the completion of certain improvements more particu-
larly described in the Debt Report prepared by Bement, Dainwood
& Sturgeon which is titled "Bristol Cove Assessment District"
("The Report").
2. Janss Corporation will pay the Bristol Cove Property
Owners Association's assigned contribution to the District as
set forth in The Report in the sum of $75,000.00, and a portion
of the assessment assigned to the City of Carlsbad in the sum
of $13,000.00.
3. The combined insurance companies, namely, Insurance
Company of North America, Chubb/Pacific, Hartford, Insurance
Company of Pacific Coast/Gulf Group, Jefferson Insurance Company
and Allianz Insurance Company, all on behalf of the City of
Carlsbad, will contribute the balance of assessment assigned to
the City of Carlsbad as set forth in The Report in the sum
of $62,000.00, of which sum Allianz Insurance Company will
contribute $12,000.00 and the remaining named insurance companies
will each contribute $10,000.00.
4. The foregoing contributions total $150,000.00 and it is
contemplated that as a part of the implementation of the District
the upstream owners who are not parties to this action will
contribute $128,272.00 as set forth in The Report.
5. The amounts to be contributed by Janss Corporation and
the insurance companies as hereinabove set forth will be committed
by letter of credit, but will not be drawn down until the District
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HERVEY. MITCHELL
ASHWORTH a KEENEY
A PABINPBJHIP INCLUDING
PflO?EssioHii. CORPORATIONS
SUITE 200
520 WEST ASH STREET
; SAN DIEGO. CA 92101
i (714) 23B.l?^j
has been confirmed by the City Council of the City of Carlsbad.
In the event the assessment district proceedings and improvements
are not completed, any such monies that have been drawn down by
the City of Carlsbad will be returned to Janss Corporation and
to the insurance companies, respectively; provided, however, the
City of Carlsbad shall be reimbursed for all out of pocket monies
actually expended by it directly attributable to the formation
of the District pursuant to an allocation to be agreed upon by
the parties to this stipulation or in the absence of such an
agreement, pursuant to an allocation determined by the presiding
judge of the above-entitled court.
6. The contributions set forth in this stipulation are
subject to adjustment by the Engineering Department of the City
of Carlsbad; provided, however, any party to this stipulation may
withdraw from this stipulation, without prejudice, should the
adjustment be found unacceptable to that withdrawing party.
7. Janss Corporation will contribute the sum of $73,500.00
to the Bristol Cove Property Owners Association for dredging of
Bristol Cove. The Bristol Cove Property Owners Association will
assume all remaining costs of dredging and removal of silt or
debris from Bristol Cove, whenever such costs may be incurred;
provided, however, Janss shall not be obligated to actually pay
said sum to Bristol Cove Property Owners Association until the
improvements delineated in The Report have been completed and
until said Association and Janss Corporation shall have dismissed
this action with prejudice as to all parties and mutual releases
as to the matters raised by the pleadings herein have been
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HERVEY. MITCHELL
ASHWORTH a KEENEY
SUITE 200
520 wesr ASH STREET
SAN DIEGO. CA 9Z101
(714) 238-1234
.-
executed by all parties, which
to California Civil Code §1542.
8 . Upon the completion of
_
shall include a release pursuant
the improvements described in
The Report, the settlement herein set forth shall be deemed
performed and this action shall be dismissed and releases executed
as set forth in the preceding paragraph 7.
DATED :
BRISTOL COVE PROPERTY OWNERS
ASSOCIATION
FEIST, VETTER, KNAUF & LOY
/n /; ^- ,7, )j /By //,.— /^/?.A U ' / j /PZfLt''-£>
CITY OF CARLSBAD
By
JANSS CORPORATION
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HARTFORD INSURANCE COMPANY
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JEFFERSON INSURANCE COMPANY
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ALL I AN Z INSURANCE COMPANY
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INSURANCE COMPANY OF NORTH
AMERICA
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CHUBB/PACIFIC
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INSURANCE COMPANY OF PACIFIC
COAST/GULF GROUP ^
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