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HomeMy WebLinkAbout1987-07-07; City Council; Resolution 91381 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 L9 20 21 $2 23 I 24 25 26 2'8 RESOLUTION NO. 9138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE SETTLEMENT AND MUTUAL RELEASE OF CLAIMS AGREEMENT BETWEEN THE CITY OF CARLSBAD AND JAYKIM ENGINEERING COMPANY FOR THE ENGINEERING DESIGN OF A HOME PLANT SEWER LIFT STATION. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That the Settlement and Mutual Release of Claims agreement between the City of Carlsbad and Jaykim Engineering Company for the engineering design of a home plant sewer lift station, marked Exhibit B and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPR.OVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of July , 1987, by the following vote, to wi: ATTEST : AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: ABSENT: None d z J t f a cl t U a 0 SETTLEMENT AND MUTUAL RELEASE OF CLAIMS THIS AGREEMENT, made and entered into as of the Y of , 1987, by and between the City of Carlsbad, municipal corporation (hereinafter referred to as "City") and yKim Engineers, Inc., of San Diego, California (hereinafter referred as "Consultant") . RECITALS WHEREAS, the City and Consultant entered into an agreement r architectural and engineering services dated November 9, 1984; d WHEREAS, disputes arose between the parties thereto as to the antity and quality of work performed thereunder; and WHEREAS, the parties had entered into negotiations to resolve ose disputes; and WHEREAS, neither party wishes to engage in or be subject to the certainties of litigation to resolve this dispute; and WHEREAS, the parties wish to forever resolve any and all disputes ising from said written agreement; and WHEREAS, City has paid Consultant the sum of $14,500, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Consultant shall pay to City the sum of $3,625. 2. Upon the sum set forth above, the parties agree to mutually waive any and all claims or causes of action whether 0 .- e own of unknown arising out of or resulting from the performance said written agreement. ,TED: JAYKIM ENGINEERS, INC. f 4TED : CITY OF CARL~BAD by : PPROVED AS TO FORM INCENT F. BIONDO, JR. City Attorney -2- s WHEREAS, neither party wishes to engage in or be subject to the SETTLEMENT AND MUTUAL RELEASE OF CLAIMS arising from said written agreement; and WHEREAS, City has paid Consultant the sum of $14,500, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Consultant shall pay to City the sum of $3,625. 2. Upon the sum set forth above, the parties agree to mutually waive any and all claims or causes of action whether THIS AGREEMENT, made and entered into as of the //* .y of I , 1987, by and between the City of Carlsbad, c;/ LY1 municipal corporation (hereinafter referred to as "City") and .yRim Engineers, Inc., of San Diego, California (hereinafter referred I as "Consultant"). I RECITALS I WHEREAS, the City and Consultant entered into an agreement far architectural and engineering services dated November 9 , 1984; a Ad 1 WHEREAS, disputes arose between the parties thereto as to the quantity and quality of work performed thereunder; and ~ ~ WHEREAS, the parties had entered into negotiations to resolve nown of unknown arising out of or resulting from the performance f said written agreement. ATED : ATED: JAYKIM EMGINEERS , INC. i/ CITY OF CARL~BAD W CLAUDE A. LEWI'S, Mayor PI?ROVED AS TO FORM ., 0 -&.---eu -. INCENT F. BIONDO, JR. City Attorney -2-