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HomeMy WebLinkAbout2000-07-25; City Council; 15833; Disposition Of Case N61626 West Coast GeneralAB# 1s; 8 253 MTG. 36-m DEPT. CA z. ---- t 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