HomeMy WebLinkAbout1988-08-02; City Council; Resolution 88-257t
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RESOLUTION NO. 88-257
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING SETTLEMENT IN
THE CASE ENTITLED PETER C. DAVID COMPANY V. CITY OF CARLSBAD.
The City Council of the City of Carlsbad, Californi
6 hereby resolve as follows:
7 1. That certain Release and Satisfaction between
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C. David Company and the City of Carlsbad and A & S Constr
,Co. v. City of Carlsbad, marked Exhibit A and made a part h 10
Company, Inc. for settlement of the lawsuit entitled Peter C.
11 is hereby approved.
12 2. That funds in the amount of $25,000 are availa
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:he redevelopment fund balance to support this settlement.
3. That the amount of $25,000 is hereby appropriate
che redevelopment fund balance to account number 810-840-341
2nd the redevelopment director is authorized to release said
?ayable to Peter C. David Company and its attorney of r
Jonteleone and McCrory.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting 1
3 , 1988, by the following vote, to wit:
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ABSENT : None 6
NOES: None 5
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
2 City Council of the City of Carlsbad on the 2nd day of A
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Page 2 of Resolution No. 88-257
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RELEASE AND SATISFACTION
KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of the sum of twenty
seven thousand, two hundred fifty dollars ($27,250) payment of
which will be made within ten (10) days from the date of appro
of this Agreement by the City Council of CITY OF CARLSBAD, the
undersigned PETER C. DAVID COMPANY ("PCD") does hereby acknowl
edge full satisfaction and payment of each and every claim and
demand of whatever kind or nature that now exists or may here-
after accrue on behalf of PCD against the CITY OF CARLSBAD and
A st S CONSTRUCTION COMPANY, INC. and t.heir agents and servants
or any other person or persons, firm, corporation, association
partnership or entity acting on their behalf, charged with
responsibility for or liable directly, indirectly or vicarious
for damages and injuries to PCD, alleged to have arisen out of
Contract No. 3085 entitled "Central Business Storm Drain" with
the CITY CF CARLSBAD, and for which said damages PCD claims th
said CITY OF CARLSBAD, its agents and servants, at said time a
place, are legally liable in damages, which said legal liabili
and damages are disputed and denied.
PCD and CITY OF CARLSBAD release any and all claims
that either party may have against the other, arising out of i
any way connected with the aforementioned contract, including
claims for damage to property, attorneys' fees, loss of earnin1
loss of services, or special damages of any character.
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PCD will dismiss with prejudice that certain action
pending in the Superior Court for the County of San Diego
entitled Petel: C. David Co. v. City of Carlsbad and numbered
N36801 on the files therein. Concurrently therewith, CITY OF
CARLSBAD will cause to be dismissed with prejudice the cross-
actions filed in that action; specifically, CITY OF CARLSBAD's
Cross-Complaint For Indemnity and Declaratory Relief, filed on
March 13, 1987, and the Cross-Complaint by A & S Construction
Damages, Indemnity and Declaratory Relief, filed on or about
June 5, 1987.
AS A FURTHER CONSIDERATION FOR THE MAKING OF SAIC
SETTLEMENT AND PAYMENT, IT IS EXPRESSLY AGREED THAT:
1. All claims, past, present or future, are disput
and this full and final settlement shall never be treated as a
admission of liability or responsibility at any time or in any
manner whatsoever on the part of the parties herein released.
2. This release is expressly intended to cover and
include all claims and attorneys' fees, several or otherwise,,
past, present or future, which can or may ever be asserted by
heirs, or otherwise, including all causes of action therefor, (
the result of the aforementioned contract.
3. The undersigned parties understand and agree th,
this is a full and final release and that this release covers ,
includes a14 claims and attorneys' fees of every kind or naturl
past, present or future, known or unknown, suspected or
unsuspected, and all claims under Section 1542, Civil Code of
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California, are hereby expressly waived. The undersigned part
understand said Section 1542 provides:
"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 .I1
4. The undersigned parties shall be considered to
have agreed to all the terms of this release and that the abov
mentioned sums the entire and only consideration for this
release.
5. This release shall bind and be binding upon the
heirs, executors, administrators and assigns of the undersigne
parties.
FOR YOUR PROTECTION, CALIFORNIA LAW REQUIRES THE
FOLLOWING TO APPEAR ON THIS FORM:
It is unlawful to:
a. Present or cause to be presented, false or
fraudulent claim for the payment of a loss under a contract of
insurance.
b. Prepare, make or subscribe any writing, with
intent to present or use the same or to allow it to be present
or used in support of a.ny such claim.
Every person who violates any provision of this sect
is punishable by imprisonment in state prison or by fine not
exceeding one thousand dollars ($1,000) or both.
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Payments of said sum of twenty seven thousand, two
hundred fifty dollars ($27,250) shall be made by check or draf
jointly payable to PETER C. DAVIE CO. and Monteleone & McCrory
Dated: .~7.-~;~-~~
si"22-E;r; Dated: cm OF CTARLSBAD'
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ORANGE COLlNTY
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