HomeMy WebLinkAbout2011-06-21; City Council; 20597; TERMS CONDITIONS SETTLEMENT HATTER CLAIMCITY OF CARLSBAD - AGENDA BILL 14
AB# 20.597
MTG- 6/21/11
DEPT. CA
REPORTING OUT THE TERMS,
CONDITIONS AND SETTLEMENT OF
THE HATTER CLAIM
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 claim under the authority given to the City Attorney by the City
Council at its closed session meeting of March 22, 2011. 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.
FISCAL IMPACT:
The settlement amount is $36,870 as set forth on the attached release.
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. Property Damage Release is on file with the City Clerk.
DEPARTMENT CONTACT: Ronald R. Ball 760-434-2891 ron.ball(5)carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED D
DENIED D
CONTINUED O
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETURNED TO STAFF D
OTHER - SEE MINUTES D
COUNCIL RECEIVED THE
REPORT/PRESENTATON
PROPERTY DAMAGE RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That the Undersigned, being of lawful age, for sole consideration of
Thirty six thousand eight hundred find seventy and no/100 Dollars (536,870.00) to be paid to Larry and Cathie Hatter, Trustees of the
Larry W. Matter and Cathleen E. Hatter 1986 Trust, and Arrow Pipeline Repair, Inc., do/does hereby and for my/uur/its heirs,
executors, administrators, successors and assigns, (I) release, acquit and forever discharge the City of Carlsbod and the Carlsbad
Municipal Water District, its officers, employees and volunteers and his, her, their, or its agents, survfints, successors, heirs, executors,
administrators and all other persons, firms, corporations, associations or partnerships for and from any and all clnims, actions, causes
of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, wliich the undersigned now
has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and
unforeseen property damage and the consequences thereof resulting or to result from the occurrence on or about October 2010, nt or
near 31 10-3130 Jefferson Street hi Carlsbad, and described in the Government Claim and its attachments, signed December 13, 2010
and received by the City of Carlsbad on December 29, 2010, (2) agree not to object to the removal of the Ciiy trees located in front of
3110-3 1 30 Jefferson Street in Carlsbad, and (3) agree to explain to the tenants at 3 1 10-3 1 30 Jeflmon Street in Carlsbad the need far
the removal of the trees due-fa tire emtrng" card potential forfeiture property damaga" amTSee'l? Ihelr concurrence with thu need" to
remove thu trees.
It is understood and agreed tliat this settlement is the compromise of a doubtftjl and disputed claim, and thfti the payment made is not
to be construed as an admission of liability on the part of the party ov parties hereby released, find that said relaasees deny liability
therefore and intend merely to avoid litigation and buy their peace,
The undersigned further declare(s) and represents) that no promise, inducement or agreement not herum expressed has bean made to
the undursigned, and that the Release contains the entire agreement between the parties hereto, and that the terms of this Release are
contractual and not a mere recital.
FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM:
556 False or fraudulent claim: penalty.
O; It is unlawful w
( I ] Knowingly present ni muse to be presented uny false or tinudulenc claim for ilie payment of a loss under u aonlnict ol' insurance.
(2, Knowingly fill! multiple claim* Tor die same loss ct injury with more Uiun one insurer with an intent to defraud the insurer.
(35 Knowingly prepare, molce or subscribe imy writing. wiUi intent to present or use the same, or 10 tllow it 10 be presented or used iii support ol any such
cluim.
(b) Every person wlio violates any provisions of this section is punishable by imprisonment in the state prison, for rwo, three, or four ycur, or by fine; not
exceeding ten thousand dollurs (S10.000), or by both.
(c) Nmivflhsiandliig any oilier provision of law, probation should nol b« grunted to. nor shall the execution or imposition a I' a sentence be suspended for, ,iny
adult person convicted of violation of this section who hus been previously conviclfd of violations of this section us nil udull under charges scpumlcly
brought and tried twi or more limes. The existence of any fact which wuulj mnkc npcrion Ineligible for proWion uniJerihis subdivision jhiill be alleged
in the Information or indictment, and eithar admitted by Uiis dofendant in open court or found Co be true by ilio jury trying the issue of guilt or by llw cuurt
where Jiiilt ia cstublishcd by plcn ot'guilry or nolo contender): or by trial by the court niuing without n jury.
IHxccpl where the existence ofiucl> fact was not admiUid or found lo be true Of ihii court find.1 thai u prior conviction wits invulid. \\\t conn shull not altikt
or dismiss uny prior cativictions ulleBed in tlic InfonnBtioii or indictment,
Tins subdivi.iion docs not prohibit the adjaurnment of criminal proceedings pursuant lo division 3 (comm:nL'in« with Section 60tlU) ul' .he Wull'nrc imd
Instiiuiions Code, (Amended by SUK !97<i. C. 1 130, p 508$. 87, operative July 1. 1977; Stuu 1978, C. 174. p. 4U5. 3 urgency ElT. Mny 31, 1018; Stnts
1979, =.556, p 1764.1.)
_ THE UNDERSIGNED HAS READ THE ABOVE AND FULLY UNDERSTANDS IT, _ , _
Signed, sealed and delivered this . 25th day of. _ March _ ___, 20 11 .
Larry W. Hatter and Cajhlepn E. Hatter 1986 Trust
r, ™stee CTafrnl
Witness X by: Cathie Hatter, Trustee Claimant