HomeMy WebLinkAbout1998-01-13; City Council; 14515; Settlement Geoffrey Poole 2695 Olympia DriveCITY OF CARLSBAD -AGENDA BILL
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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.
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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.
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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.
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