Loading...
HomeMy WebLinkAbout2011-02-22; City Council; 20462; TERMS CONDITIONS GAETANI V. CITY OF CARLSBADCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20.462 2/22/11 CA REPORTING OUT THE TERMS AND CONDITIONS OF SETTLEMENT IN GAETANI V. CITY OF CARLSBAD, ET AL DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: There is no action to be taken by the City Council. ITEM EXPLANATION: The parties have now settled this issue under the authority given to the City Attorney by the City Council at its closed session of November 9, 2010. This item satisfies the Brown Act requirement to report the fact of a settlement approved in a prior closed session and makes the terms and conditions of the settlement available to the public. FISCAL IMPACT: The total cost of the settlement is $2.9 million, of which the City is responsible for $500,000 and the remaining amount of $2.4 million will be paid by the City's excess insurance carrier, Everest National Insurance Company. ENVIRONMENTAL IMPACT: Reporting out the fact of Settlement is not a "project" within the meaning of CEQA and therefore environmental review is not required pursuant to CEQA Regulation 15061(b)(3). EXHIBITS: 1. Settlement and Release Agreement on file with the City Clerk. DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 ron.ball@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D O CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D Frank Gaetani, et al, v. Vesna Radovanovic, etc., et al. San Diego Superior Court Case No. 37-2009-00051045-CU-PA-NC GENERAL RELEASE AND SETTLEMENT OF CLAIM For the sole consideration of TWO MILLION NINE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,900,000.00), the undersigned hereby release and further discharge the CITY OF CARLSBAD and EVEREST NATIONAL INSURANCE CO. along with their RELATED PERSONS (RELATED PERSONS shall mean any person related or connected to the CITY OF CARLSBAD or EVEREST NATIONAL INSURANCE CO. in any way whatsoever, past or present, including but not limited to agents, employees, council members, administrators, managers, consultants, experts, insurers, attorneys, successors, predecessors, parents, affiliates, assigns, officers, partners, trustees, trustors, beneficiaries, directors, servants, agencies, representatives, shareholders, individual members, and citizens) from all claims, demands, rights, and causes of action of any kind, the undersigned now have, or hereafter may have, on account of, or in any way growing out of, the damages resulting, or to result, from the incident occurring on or about December 31,2008, which is the subject of San Diego Superior Court Case No. 37-2009-00051045- CU-PA-NC. Further, the undersigned hereby agree to release any and all claims, demands, rights, and causes of action of any kind that may now exist, or may hereafter arise, as a result of the above incident, and further agree to hold the CITY OF CARLSBAD and EVEREST NATIONAL INSURANCE CO. and their RELATED PERSONS harmless and to defend and indemnify them for and against any claim, complaint, cross-complaint, lien or debt which has arisen or may arise from the incident described herein, including but not limited to Workers' Compensation liens, attorney's liens, and medical liens of any type whatsoever. The undersigned also agree that they shall be liable 1 for any attorney fees and costs associated with enforcing this hold harmless agreement on behalf of the CITY OF CARLSBAD, EVEREST NATIONAL INSURANCE CO. or their RELATED PERSONS. 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER 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 may not have shown themselves at the time of acceptance of this settlementv Dated: /- lty»t( Dated: . GAEtXNYPlaintiff APPROVED AS TO FORM AND CONTENT: Dated: f^ff'(f __ jCarla DeDominicis /Attorney for Plaintiffs f FRANK GAETANI and JENNIFER GAETANI