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HomeMy WebLinkAbout2007-08-07; City Council; 19118; Settlement report for DavisCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 19,118 08/07/07 CA REPORTING OUT THE TERMS AND CONDITIONS OF THE GENERAL RELEASE AND SETTLEMENT OF THE LAUREN AND LOUISE DAVIS CLAIM RECOMMENDED ACTION: There is no action the Council needs to take. ITEM EXPLANATION: Lauren and Louise Davis filed a claim as a result of a leak caused by the failure of a City water meter which flooded and damaged the interior of their property located at 817 Caminito Verde. The Council met in closed session on July 10, 2007 and approved the General Release and Settlement Agreement. This item satisfies the Brown Act requirement to report the approval of an Agreement in a prior closed session. FISCAL IMPACT: The City will pay the sum of $30,508.73 in full and complete satisfaction of the claim. EXHIBITS: 1. General Release and Settlement Agreement DEPARTMENT CONTACT: Ron Ball 760-434-2891 rball@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES DCouncil received the report. . v \>\-\ \ 15:49 600 flR HSP * 1 619 232 'zB37 NO.012 P82 GfiM&RM. RELEASE AMD SETlLE>«l4T OP CLMM (CLAIM OF LOUISE DAVIS AND LAUREN EAVIS AGAINST THE CITY OF CARLSBAD) For the sole consideration of Thirty thousand five hundred eight dollars and 73/100 ($30,$08.73) ($22,108.73 paid directly to Building Restoration), the undersigned hereby releases and ructher discharges the City 6f Carlsbad, its agents* employees, officers, consultants/ council members and otner elected officials, attorneys, divisions and departments, from all claims and demands, right? and causes of action of any Kind the undersigned now has or hereafter may ka^e on account of or in any way growing out of the damages resulting or to result from the flooding incident occurring on or about March 27, 2007 {" Incident"), and described in the Government Tort Claim {"Claim*)presented to the City of Carlsbad on the undersigned's behalf on or about April 3, 2007 which is attached hereto as Exhibit "A", Further, the undersigh&d hereby agrees to release any and, all claims and demands, rights and causes of action of any kind (including, but not limited co, property damage/ damage to products, damage to equipment and furniture, financial losses, personal injury, or any other itep of damage listed in the r or which could have been listed in the claim) that may ZO'd <£:9I ZO, 2•—v * *- L 4_ ^ 7 ~jt,—r ,^sr .—ni i ^— i : A K -i nh IT i f\/-\s*rn i \\c-~i\_ifr\ 07/03/07 15!49 608 flRHSP* 1 G192B22637 '" '•'•'"' '••• NO.B12V ' C03'' now have arisen or hereafter may arise as a result of the Incident. This release expresses a full and complete settlement of a liability claimed and denied on the part of all parties, regardless of the adequacy of the above consideration, and the acceptance of this release shall not operate as an admission of liability on the part of any party hereto. Ml rights given by Section 1542 of the Civil Code of California, which is quoted below, are waived by the undersigned. CIVIL CODE SECTION 1542j "A general release does not extend to claims which the creditor does not know or suspect to exist in his tavor at the time of executing the release/, which if known by him roust have materially affected his settlement with the debtor." By signing this General Release, we intend to give up and discharge all rights and. claims to damages to person and/or property* even though soae of such damages may not have shown themselves at the time of acceptance of this settlement. DATED; Lauren Davis 20'd . . --- DNIlSHfCIU HSUF1