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WITHDRAWN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.
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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
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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