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HomeMy WebLinkAbout2003-04-01; City Council; 17117; Settlement of Property Claim - State FarmAB# 17,192 MTG. 411 I03 DEPT. RM CITY OF CARLSBAD - AGENDA BILL TITLE: SElTLEMENT OF PROPERTY CLAIM - DEPT. "d $T/ STATE FARM CITY ATW@ CITY MGRS RECOMMENDED ACTION: That Council authorize settlement of this case by adopting Resolution No. // , and authorize the Risk Manager to make payment of the settlement amount. ITEM EXPLANATION: This claim is the result of an automobile accident on September 1 , 2002, involving the claimant's insured and a vehicle driven by a City employee, during the course and scope of his employment. FISCAL IMPACT: There are sufficient funds in the liability account to cover the settlement. EXHIBITS: 1. Resolution No. 2003-082 2. Property Damage Release 2003-08 H:\WORD\Liability Request for Settlement Approval\State Farm AB Settlement Request.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 23 24 25 26 2; 2E RESOLUTION NO. 2003-082 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE STATE FARM CLAIM WHEREAS, on recommendation of the City Attorney, the City Council of the City of Carlsbad, California has determined that a settlement of the State Farm Claim is in the public interest; and WHEREAS, there are sufficient funds available in the liability self-insurance reserve account to pay the settlement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations. are true and correct. 2. That the City Council approves the settlement and authorizes the disbursement of $1 1,072.69 from the liability self-insurance reserve account for the State Farm claim. 3. That the Property Damage Release is hereby approved. PASSED AND ADOPTED THIS 1st DAY OF 'APRIL , 2003, BY THE FOLLOWING VOTE TO WIT: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard NOES: None /"I ABSENT: None ABSTAIN: ATTEST: n LORRAINE WOOD, &TY CLERK ' /& Exhibit 2 (See Risk Mgmnt €or original) PROPERTY DAMAGE RELEASE KNOW ALL MEN BY THESE PRESENTS: That the Undersigned, being of lawful age, for sole consideration of elevent thousand seventy-two and 69/100 Dollars ($1 1,072.69) to be paid to State Farm Insurance subrogee of James C. Whelpton do/does hereby and for my/our/its heirs, executors, administrators, successors and assigns release, acquit and forever discharge the City of Carlsbad, its officers, employees and volunteers 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, loss 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 damage and the consequences thereof resulting or to result from the occurrence on or about the 1st day of September 2002, at or near Chestnut and Donna Dr., Carlsbad, California. It is understood and agreed that this settlement is the compromise of a doubtful 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 releasees deny liability therefore and intend merely to avoid litigation and buy their peace. The undersigned further declare(s) and represent(s) 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. FOR YOUR PROTECTION CALIFORNIA LAW REQulRES THE FOLLOWING TO APPEAR ON THIS FORM: 556 False or fraudulent claim; penalty. -... ~~ ~~.-_(a3_.__~_~is.unlaJdYLta ~~ ~ .. ~~~~ . ~~ ~. . . . __ ~.. . (1) Knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss under a contract of insurance. (2) Knowingly file multiple claims for the same loss or injury with more than one insurer with an intent to defraud the insurer. (3) Knowingly prepare, make or subscribe any writing, with intent to present or use the same, or to allow it to be presented or 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 year, or by fine not exceeding ten thousand dollars ($lO,OaO), or by both. (c) Notwithstanding any other provision of law, probation should not be granted to, nor shall the execution or imposition of a sentence be suspended for, any adult person convicted of violation of this section who has been previously convicted of violations of this section as an adult under charges separately brought and tried two or more times. The existence of any fact which would make a person ineligible for probation under this subdivision shall be alleged in .the information or indictment, and either admitted by the defendant in open court or found to be true by the jury trying the issue of guilt or by the court where guilt is established 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 that a prior conviction was invalid, the court shall not strike or dismiss any prior convictions alleged in the information or indictment. This subdivision does not prohibit the adjournment of criminal proceedings pursuant to division 3 (commencing with Section 6000) of the Welfare and Institutions Code. (Amended by Stats 1976, C. 1139, p 5085, 87, operative July 1, 1977; Stats 1978, c. 174, p. 405.3 urgency. Eff. May 31, 1978; Stab 1979, c. 556, p. 1764, 1.) THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT. Signed, sealed and delivered this 1 day of -. fl ,20m. TURN OVER 3