HomeMy WebLinkAbout1994-10-04; City Council; 12889; SettlementI PTY OF CARLSBAD - AGE
SE"LEMENT. OF PROPERTY
IEPT. FREEMAN
RECOMMENDED ACTION:
It is recomr iended that the City Council authorize settlement of this claim by adopting
Resolution No. 49 -$80and authorize the Risk Manager to make payment of the settlement
amount from the liability fund.
ITEM EXPLANATION
This claim is the result of an automobile accident involving the claimant and a City employee.
Attached is the executed Property Damage Release.
FISCAL Ik PACT
There are sifficient funds in the liability account to cover the settlement.
EXHIBITS
1. Resolution No. 94
2. Property Damage Release
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EXHIBIT 1
RESOLUTIONNO. 94-280
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA
AUTHORIZING THE EXPENDITURE OF FWNDS
FOR SETI'LEMENT OF THE ANTOINETTE
FREEMAN PROPERTY CLAIM
WHEREAS, on recommendation of the City Attorney the City Council of
the City of Carlsbad, California has determined that a settlement of the Antoinette
Freema 1 property claim is in the public interest; and
WHEREAS, there are sufficient funds available in the liability self-
insurance resewe account to pay the settlement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1.
2.
That the above recitations are true and correct.
That the City Council approves the settlement and authorizes the
disbursement of $6,546.92 form the liability self-insurance reserve account for the
Antoinette Freeman property claim.
3. That the Property Damage Release is hereby approved
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the
City Council of the City of CarGbad on the 4th day of October 1994, by the
following vote, to wit:
Am: Council Members Lewis, Stanton, Kulchin, Nygaard and Finnila
NOES: None
ABSENT: None
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PROPERTY DAMAGE RELEASE
KNOW ALL MEN BY THE PRESENTS:
That the Undersigned, being of lawful age, for sole conslderation
of six thousand five hundred forty six and 92/100------------ Dollars (% 6,546 92 1
to be paid to do/does hereby and for my1 our/ its heirs. executors, ~dminiStratOrS. successors and assigns release, acquit and forever discharge
and his, her, their. or its agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations.
associations or partnerships for and from any and all claims, actions, causes of action. demands, rights, damages, costs, toss of service.
expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any
way growing out of any and all known and unknown, foreseen and unforeseen property damageand theconsequences thereof resulting
or to result from the occurrence on or about the 8th day of September
It IS understood and agreed that this settlement is the compromise of a doubfful and disputed claim, and that the payment made IS not to be construed as an admission of liability on the part of the party or parties hereby released, and that said releaseesdeny liability therefor and intend merely to avoid litigation and buy their peace. The undersigned further declare@) and represent@) that no promise, inducement or agreement not herein expressed has been made to the undersigned. and that the Release contains the entire agreement between the parties hereto, and that the terms of this Release are
contractual and not a mere recital.
Antoinette Freeman
the City of Carlsbad. its officers and employees
19 94 at or near Mission 1-58 Oceansidc
FOR YOUR PROTECTION CALIFORNIA LAW REOUIRES THE FOLLOWING TO APPEAR ON THIS FORM:
556 False or fradulent claim. penally (a) It is unlawful to (1) Knowingly present to or cause to be presented any false or fradulent claim for me payment of a loss undw a contract of insurance (2) Knowingly file multiple claims for the same loss or injury with more than one insurer with an ined to defraud me insurer (3) Knowingly prepare. make or subscribe any writing. with intent to present or use me same< or to allow it to be presented of used in support of any such claim (b) Every person who violates any provisions 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 ($1O,oOO). or by both (c) Notwithstanding any other provision of law. probauon shall not be granted to. nor shall the execution or imposibon of a sentence be suspended for, any adult Derson convicted of a violation of his section who has been previously convicted of ViOl~bOn~ of this section as an adult undw charges separately brought and tried two or more times The existence of any fact which would make a person ineligible for probation undw this subdivision shall be alleged in me information or indictment and either admiltad by the defendent in open court or found to be true by the jury trying the issue of guilt or by tho COUR whereguilt iaesIabiishad by plea of guilty or nolo contendere or by trial by the court sitting without a jury Except where the existence of such fact was not admitted or found to be true or the court finds theta prior convictton was invalid. the court shall not strike or dismiss any prior conviclions alleged in the informatlon or indictment. This subdivision does not prohibit the adiournment of criminal proceedings pursuant lo division 3 (commencing with Section 8ooo) of the Welfare and Institulions Code (Ammended by Slats 1976. C 1 135. p 5085.87. operative July 1,1977, Stats 1978. c 174. p 405.3 urgency efi May 31,1978. Stats 1979, c 556 p 1764 1 )
THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT.
95 19 - STATUTE OF LIMITATIONS ON YOUR INJURY CLAIM, IF ANY, EXPIRES ON September *
Section 11583 of the Insurance Code requires that notice be made to you of the following: 1. The statute of limitations for bodily injury actions expires one year from the date of accident unless the injured party is a minor. In that case, the statute expires one year from the date the minor reaches majority. (Section 340, Code of Civil Procedure). 2. If your claim is under Uninsured Motorist coverage, you have
one year from the date of accident to either (a) file suit for bodily injury against the uninsured motorist or (b) settle your claim or (c) file for
arbitration. (Section 11580.2, Insurance Code.)
Signed. sealed and delivered thb 21 day of
wimu
STATE OF A
COUNTY OF 54- 6b d ->
On thedldayof ,
to be known to be the personjb( naLed herein and who executed the foregoing Release and
acknowledged to me that - The - , voluntarily execpd the same r
MY term expires mkY I9 I 9 4.5 ,193L. Cl NOTARY PUBLIC
cw-034