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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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN COUNCIL DIRECTED THE CITY ATTORNEY AND STAFF ON THE MATTER D Dn Dec 11 07 08:43a Doug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