HomeMy WebLinkAbout2008-01-08; City Council; 19275; Reporting Terms & Conditions of Release Cary ShoreCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
19,275
1/08/08
CA
REPORTING OUT THE TERMS AND
CONDITIONS OF THE GENERAL
RELEASE AND SETTLEMENT OF GARY
SHORE CLAIM
DEPT. HEAD
CITY ATTY. s&2'
CITY MGR. (JS—
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
The parties have now settled this claim under the authority given to the City Attorney by the
City Council at its closed session meeting of November 20, 2007. This item satisfies the
Brown Act requirement to report the fact of a settlement of a claim approved in a prior closed
session, and makes the terms and conditions of the settlement available to the public. The
General Release and Settlement of Claims is attached.
FISCAL IMPACT:
The settlement amount is $19,809.51.
EXHIBITS:
1. General Release and Settlement
DEPARTMENT CONTACT: Ronald R. Ball, (760) 434-2891 rball@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
COUNCIL DIRECTED THE CITY
ATTORNEY AND STAFF ON THE
MATTER
D
Dn
Dec 11 07 08:43a Doug Marsceill 310 205-0509 P-2
GENERAL RELEASE AND SETTLEMENT OF CIAIM
(CLAIM OF Gary Ghore AGAINST THE CITY OF CARLS3AD)
For the sole consideration n~ Nineteen thouoand eight
hundred nine dollars and 51/100 ($19,809.51 new money, exclusive
of payments made on Shore's behalf to Luth and Turley for
$67,583.91 in restoration costs, to ServiceMaster for $3956.25
personal property clean up costs and an unknown amount to Afloat
for initial clean up costs), the undersigned hereby releases and
further discharges the City of Carlsbad, its agents and
employees, and all other persons, firms and corporations from
all claims and demands, rights and causes of action of any kind
the undersigned now has or hereafter may have on account of or
in any way growing out of the damages resulting or to result
from the flooding/sewer backup incident occurring on or about
March 24, 2007 ("Incident"), and described in the Government
Tort Claim ("Claim")presented to the City of Carlsbad by the
undersigned on or about October 29, 2007, which is attached
hereto as Exhibit >VA" (your claim form) .
Further, the undersigned hereby agrees to release any and
all claims and demands, rights and causes of action of any kind
(including, buz not limited to, property damage, furnishings,
additional living expenses, personal injury, or any other item
•„ 310 205-0509 p.3Dec 11 07 08:43a Doug Marsceill
of damage listed in the Claim, or which could have beer, listed
in the Claim)that may 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.
All rights given by Section 1542 of the Civil Code of
California, which is quoted below, are waived by the
undersigned.
CIVIL CODE SECTION 1542: "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, whi^li i£ known by ham must 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 some of such damages nay not have shown
themselves at the time of acceptance of this settlement.
DATE D :i \& /
Gary Shore