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HomeMy WebLinkAbout1998-01-13; City Council; 14515; Settlement Geoffrey Poole 2695 Olympia DriveCITY OF CARLSBAD -AGENDA BILL AB# /e b;/r MTG. 1 /I 3198 DEPT. CA TITLE- REPORTING OUT THE TERMS AND CONDITIONS 0~ THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN THE CLAIM AGAINST THE CITY CITYATTY. 3&k BY GEOFFREY POOLE, 2695 OLYMPIA DRIVE, CARLSBAD CITY MGR. RE: IRRIGATION WATERLINE BREAK RECOMMENDED ACTION: There is no action required by the Council. ITEM EXPLANATION: In a closed session meeting of the City Council on January 6, 1998, the Council discussed and approved a proposed settlement of the above-referenced matter. The parties have settled this claim and in compliance with the Brown Act, report the settlement, the terms and conditions of which are provided in the attached Release and Satisfaction of Claim. FISCAL IMPACT: The cost of the settlement to the City is $25,000. EXHIBIT: Release and Satisfaction. -. RELEASE AND SATISFACTION KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the sum of fifty thousand dollars ($50,000.00), shared equally by the CITY OF CARLSBAD and STANDARD PACIFIC HOMES, receipt of which is hereby acknowledged, the undersigned, does hereby acknowledge full satisfaction and payment of each and every 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 STANDARD PACIFIC HOMES, their 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 reimbursement of the costs of repairing and replacing claimant’s swimming pool and backyard, alleged to have arisen or resulted from the breakage of an irrigation waterline at 2695 Olympia Drive, in the City of Carlsbad, County of San Diego, State of California, and for which said costs the undersigned claims that said CITY OF CARLSBAD and STANDARD PACIFIC HOMES, their agents and servants, at said time and place, are legally required to reimburse, which liability is disputed and denied. The undersigned does hereby release and discharge said CITY OF CARLSBAD and STANDARD PACIFIC HOMES their 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 money, by reason of or growing out of the aforesaid irrigation waterline break. AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT, IT IS EXPRESSLY AGREED THAT: 1. All claims, past, present or future, are disputed and this full and final settlement shall never be treated as an admission of liability or responsibility at any time or in any manner whatsoever on the part of the parties herein released. 2. This release is expressly intended to cover and include all claims and attorney’s fees, several or otherwise, past, present or future, which can or may ever be asserted by heirs, or otherwise, including all causes of action therefor, as the result of the aforesaid irrigation waterline break. 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 or nature, past, present or future, known or unknown, suspected or unsuspected, and all 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 STANDARD PACIFIC HOMES, their agents, and servants, and any other person or persons, firm, corporation, association, partnership or entity acting on their behalf, of and from any and every claim and/or demand of every kind or character, including all causes of action therefor, which can or may ever be asserted as the result of the aforesaid irrigation waterline break or as a result of this settlement. 2 - 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. 6. This release shall bind and be binding upon the heirs, executors, administrators and assigns of the undersigned. 7. Geoffrey Poole releases all claims against the City of Carlsbad and Standard Pacific Homes, and any third party for monies necessary to complete the repair and replacement of his swimming pool and backyard. IN WITNESS WHEREOF, the undersigned does hereunto set his hand and seal this \zT”’ day of TAti- ,199 8 . GEOFF@q#OOLE STATE OF CALIFORNIA ) ):SS COUNTY OF SAN DIEGO ) On lIrrlq8 befor me, 8 R4Nm3E ?%kwB I notary public, personally appeared GQt=F~~l/ P&O&- personally known to me or proved to me o’n the basis of satisfactory evidence to be the person&6 whose name($) is/are subscribed to the within instrument and acknowledged to me that he/sheMey executed the same in his/b&their authorized capacity@& and that by his/h&their signaturew on the instrument the persot-@, or the entity upon behalf of which the personw acted, executed the instrument. Witness my hand and official seal. /