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HomeMy WebLinkAbout1988-03-08; City Council; Resolution 88-69IC7 1 2 3 4 5 6 0 0 RESOLUTION NO. 88-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE SETTLEMENT AND AUTHORIZING AN EXPENDITURE OF FUNDS FOR THE LAWSUIT ENTITLED JOHNSTON V. CITY OF CARLSBAD. WHEREAS, City Attorney and the Risk Manager reco // a settlement of the case entitled Johnston v. City of Carl 4 n $m I?g gz 8 OLD>- ZOZi$ GI-<& t>O E:.< ,tdV owa zWod WZOQ vg2m 55 9 a >-0 - 0 I- 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and the City Council agrees it is in the City's best inter and WHEREAS, there are sufficient funds available in liability self-insurance reserve account to pay the settle NOW, THEREFORE, BE IT RESOLVED by the City Counc the City of Carlsbad, California, as follows: 1. That the above recitations are true and corr 2. That the expenditure of $77,975.11 from the liability self-insurance reserve account is authorized for settlement of said case. 3. That the City Council approve the General Re and Settlement of Claim Agreement attached hereto and made part hereof and authorize disbursement of $77,975.11 from liability self-insurance reserve account in accordance wit agreement. ... ... ... ... ... ... 1 n sm 38 -,a m ka: N owa glL=r zowa 9czg ;:.a %Lei do EESS $5 ; >o 5 1 2 3 4 5 6 7 8 9 1.0 11 12 93 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 PASSED, APPROVED AND ADOPTED at a Regular Meetinr the City Council of the City of Carlsbad on the 8th day I March , 1988, by the following vote, to wit: AYES; Council Members Kulchin, Pettine and Larson NOES: None ABSENT: Council Members Lewis and Mamaux ATTEST : IS! Mayor Mayor Pro-Tern AIlETHA &&€& L. iUT$-%&ty 4 blerk (SEAL) <' 9 0 e .. ;* ::.,' 1 2 33 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GENERAL RELEASE AND SETTLEMENT OF CLAIM For the sole consideration of One Hundred Twen I I 'Thousand and no/100 ($125,000.00) Dollars, the undersign releases and further discharges the CITY OF CARLSBAD fro claims and demands, rights and causes of action of any k undersigned now has or hereafter may have on account of way growing out of the damages resulting or to result fr incident occurring on or about September 4, 1985, which subject of San Diego Superior Court Case No. N33482. Further, the undersigned hereby agrees to rele and all claims and demands, rights and causes of action kind that may now have arisen or hereafter may arise as of the above incident, and further agree to hold the CIT CARLSBAD harmless, for and against any claim, lien or de has arisen or may arise from the incident described here including, but not limited to Worker's Compensation lien medical liens of any type whatsoever. This release expresses a full and complete set of a liability claimed and denied on the part of all par regardless of the adequacy of the above consideration, a acceptance of this release shall not operate as an admis liability on the part of any party hereto. All rights given by Section 1542 of the Civil California, which is quoted below, are waived by the und 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, which if known by him must have materially affected his settlement with the debtor." H, ti 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s a * .-,; ::.: By signing this General Release, the undersign, intends to give up and discharge all rights and claims t to person and/or property, even though some of such damaj not have shown themselves at the time of acceptance of t settlement. DATED : :/;: " 1-1 - gzs J, .\ ~+zLRD 6. JOHNSTON . ?i DATED : :/;: " 1-1 - gzs J, .\ ~+zLRD 6. JOHNSTON . ?i 1 1