HomeMy WebLinkAbout1991-11-12; City Council; 11436; SettlementTI a, 5 G .rl
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MTQ. 11/12/91
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DEPT.-
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TITLE:
INVESTMENT PARTNERSHIP & KAUFMAN AND BROAD OF SOUTH- CITYA y 49825 N
RESOLUTION OF LAWSUIT ENTITLED KEL-CAL, KELLY DEPT. HD.- FAMILY CARLSBAD PARTNERSHIP, KELLY FAMILY
cir OF CARLSBAD - AGEND.-BILL %I
RECOMMENDED ACTION:
Adopt Resolution No. 31 -3 70 accepting plaintiffs' dismissal of
the above referenced action.
ITEM EXPLANATION
Plaintiffs, Kel-Cal, Kelly Family Carlsbad Partnership, and Kelly Family Investment Partnership, and Plaintiff in Intervention, Kaufman and Broad of Southern California, Inc., have offered to dismiss their lawsuit against the City of Carlsbad (Case No.
N49825) in exchange for mutual releases with each party to pay for their own costs and attorneys fees. I recommend that we accept. If the Council concurs, your action is to adopt Resolution No. %-,)3c authorizing the execution of mutual releases.
FISCAL IMPACT
Eliminates the possibility that the City will incur additional expenses for outside counsel in defending the action.
EXHIBITS
Resolution No. 9 1-3 9 8 Mutual Releases (not available at time of distribution)
p,~gv&h 5upPc4ED TO cOL(~c.l~ Oe cczroL
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RESOLUTION NO. 91 - -371)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA RESOLVING THE LAWSUIT ENTITLED KEL-CAL. KELLY FAMILY CARLSBAD PARTNERSHIP, KELLY FAMILY INVESTMENT PARTNERSHIP, KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. V. CITY OF CARLSBAD, CASE NO. N49825
WHEREAS, on recommendation of the City Attorney the
City Council of the City of Carlsbad, California has determined
to resolve the case entitled Kel-Cal, Kelly Family Carlsbad
Partnership, Kelly Family Investment PartnershiD, Kaufman and
Broad of Southern California, Inc. V. City of Carlsbad, Case No.
N49825; and
WHEREAS, no City funds will be appropriated to resolve
this lawsuit,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the City Council approves accepting
plaintiffs' dismissal of this case in return for an exchange of
mutual releases and that the City Attorney is authorized to sign
the necessary documents.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of
the City Council of the City of Carlsbad on the 19 th day
o f November , 1991, by the following vote, to wit:
AYES: Council Members Lewis, Larson, Stanton, and Nygaard
NOES: None
ABSENT: None
ABSTAIN: Council M
P,zLA R-eL ALETHA L.- MUTENKRANZ, City C1e)rk