HomeMy WebLinkAbout2000-07-25; City Council; 15833; Disposition Of Case N61626 West Coast GeneralAB# 1s; 8 253
MTG. 36-m
DEPT. CA
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t1l-Y OF CARLSBAD -AGENDA BILL
TITLE. REPORTING OUT THE DISPOSITION AS REQUIRED
fiTHE BROWN ACT IN WEST COAST GENERAL
DEPT. HD.
CORPORATION, J.V. V. CITY OF CARLSBAD, CASE NO. CITY All-Y.
N61626
CITY MGR.
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
At the closed session hearing of June 13, 2000 the City Council discussed and approved a
proposed settlement of the above referenced case. This item satisfies the Brown Act
requirement to report the fact of the disposition of litigation approved in a prior closed session,
and makes the terms and conditions of the satisfaction of judgment available to the public.
A copy of the Satisfaction of Judgment is attached to this agenda bill.
FISCAL IMPACT:
The cost of the settlement is approximately $195,000.
EXHIBITS:
Satisfaction of Judgment
ROBERT J. MARKS
DAVIDE GOLIA
P. RANDOLPH FINCH. JR.
THEODORE S. DRCAR
JASON R. THORNTON
JEFFREY B. BAIRD
ANDREW P. PEARSON
LAURENCE R. PHILLIPS
MARKS & GOLIA, LLP
ATTORNEYS AT LAW
3900 HARNEY STREET - FIRST FLOOR
SAN DIEGO, CALIFORNIA 921 lo-2825
June 27,200O
TELEPHONE (619) 293-7000
FACSIMILE (619) 293-7362
INTERNET www.mgllp.com
OUR FILE NUMBER
21.064
VIA FACSIiW~-aE f858) 755-7870
Neal S. Meyers, Esq.
Daley & Heft
462 Stevens Avenue, Suite 201
Solana Beach, California 92075
Re: West Coast General Corporation, J. VT v. City of Carlsbad
Case No. DO27695 fSDSC Case No. N61626)
Dear Neal:
This letter will confirm our final resolution of all issues in the referenced case and
will constitute the Settlement and Release Agreement (“Agreement”) between West
Coast General Corporation, J.V., and the City of Carlsbad. The City will pay West Coast
an additional $195,000.00, which will constitute final payment for all work on the
Palomar Airport Road project.
The City’s payment, and West Coast’s acceptance, of that $195,000.00 constitutes
full and final release and discharge by both parties of all claims, demands, causes of
action, in law or in equity, whether known or unknown which arise from or relate to
Contract No. 3 166 (“contract”), the widening of Palomar Airport Road and El Camino
Real (“project”) or SDSC Case No. N61626 (“the lawsuit”).
West Coast and the City acknowledge they may subsequently discover facts
different from, or in addition to, those which they now believe to be true with respect to the
contract, the project and/or the lawsuit, and agree that this Agreement shall be and remain
effective in all respects notwithstanding such different or additional facts. Additionally, in
entering into this Agreement and the settlement, each settling party assumes the risk of any
misrepresentation or mistake. This Agreement is intended to be, and is, final and binding on
the parties, regardless of any claims of misrepresentation, concealment of fact, mistake of
fact or law, or any other circumstance whatsoever.
-
Neal S. Meyers, Esq.
June 27,200O
Page Two
West Coast and the City expressly waive any and all rights which they may have
under the provisions of Section 1542 of the California Civil Code, which Section reads as
follows:
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 $known by him must have materially aflected his settlement with the
debtor.
Notwithstanding the provisions of Section 1542, and for the purpose of
implementing a full and complete release of the parties, the parties acknowledge that this
Agreement is intended to include in its effect, without limitation, all of the claims that were
or could have been raised, which the parties did not know of or suspect to exist in their favor
at the time of execution of this Agreement and that this Agreement contemplates
extinguishment of all such claims that were or could have been raised.
Upon execution of this Agreement and receipt of the $195,000.00, we will file an
original executed full satisfaction of judgment and send you a conformed copy. Set forth
below is the signature of Dana Fen-e11 signifying West Coast’s acceptance of this settlement.
Please have a person with authority to bind the City execute it on the City’s behalf.
Robert J. M&ks, of
MARKS & GOLIA, LLP
RJM:jdt/B1622
1, .
Neal S. Meyers, Esq.
June 27,200O
Page Three
West Coast General Corporation, J.V., agrees to the terms of this June 27,200O letter as a
full and complete settlement of the contract, the project and the lawsuit.
Dated: g- g- #7 L’
Managing Partner
The City of Carlsbad agrees to the terms of this June 27,200O letter as a full and
complete settlement of the contract, the project and the lawsuit.
Dated: 3 - 10 -Am