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HomeMy WebLinkAbout1997-10-21; City Council; Resolution 97-639d e 0 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. 97-639 A RESOLUTION OF THE CITY COUNCIL OF THE CARLSBAD, CALIFORNIA AUTHORIZING THE EXPENDITURE OF FUNDS FOR SETTLEMENT OF THE LAWSUIT ENTITLED C. W. McGRATH. INC.. V. CITY OF CARLSBAD, CASE NO. N72265 The City Council of the City of Carlsbad does hereby resolve as follow! WHEREAS, on recommendation of the City Attorney, the City Council of the City of Carlsbad, California has determined that a settlement in the case entitled McGrath v. Citv of Carlsbad is in the public interest; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cii of Carlsbad, California as follows: 12 om 1. That the above recitations are true and correct. SUE gzm 13 iU, 14 SFSS 9 0OU 9 q- 15 zwm for C. W. McGrath. Inc. v. Citv of Carlsbad. (I)> an8 0wg 2. That the City Council approves the settlement and authorize kkgr disbursement of $30,000 from Engineering Account No. 3207 000 9060 32031 9C a:>-m< gi$zz 0 16 E22 cZ2 17 aod 0" 3. That the Settlement and Release Agreement is hereby approved. - 18 following vote, to wit: 20 City Council of the City of Carlsbad on the 21st day of October 1997 by tt 19 PASSED, APPROVED AND ADOPTED at a Regular Meeting of tt- 21 22 23 24 25 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, an NOES: None ABSENT: None 26 27 28 ATTEST: ,* 0 0 RELEASE AND SATISFACTION KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the sum of thirty thousand dollars ($30,000.00), receipt of which is hereby acknowledge, the undersigned, MICHAEL P. MC GRATH does hereby acknowledge full satisfaction and payment of each and every claim and/or demand of whatever kind or nature that now exists or may hereafter accrue on behalf of the undersigned against the CITY OF CARLSBAD, their 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 vicariously for reimbursement of the costs of public improvements to the undersigned, alleged to have arisen or resulted from an incident, casualty or event which commenced on November 16, 1992, in the City of Carlsbad, County of San Diego, State of California, and for which said costs the undersigned claims that said CITY OF CARLSBAD, their agents and servants, at said time and place, are legally required to reimburse, which liability is disputeif 2nd denied. The undersigned does hereby release and discharge said CITY OF CARLSBAD their agents and servants, and any other person or person, firm, corporation, association, partnership or entity acting on their behalf, of and from each and every claim and/or demand of whatsoever kind or nature, arising or to arise in favor of the undersigned, including all claims for money, by reason of or growing out of the aforesaid incident, casualty or event. .o 0 0 AS A FURTHER CONSIDERATION FOR THE MAKING OF SAID SETTLEMENT AND PAYMENT, IT IS EXPRESSLY AGREED THAT: 1. All claims, past, present or future, are disputed and this full and final settlement shall never be treated as an 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 attorney's 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, as the result of the aforesaid incident, casualty or event, or the effects or consequences thereof. 3. The undersigned understands and agrees that this is a full and final release and that this release covers and includes all claims and attorney's fees of every kind or nature, past, present or future, known or unknown, suspected or unsuspected, and all claims under Section 1542, Civil Code of California, are hereby expressly waived. The undersigned understands 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." 4. ine Undersigned wiii indsmzifj aid saw hzrmlsss said C!TY BF CARLSBAD, its agents, and servants, and any other person or persons, firm, corporation, association, partnership or entity acting on their behalf, of and from any and every claim andlor demand of every kind or character, including all causes of action therefor, which can or may ever be asserted as the result of the aforesaid incident, casualty or event or as a result of this settlement. 5. The undersigned shall be considered to have agreed to all the terms of this release and that the above-mentioned sum is the entire and only consideration for this a. ~- 0 0 release. 6. This release shall bind and be binding upon the heirs, executors, administrators and assigns of the undersigned. The undersigned does hereby authorize and direct that payment of said sum be made by check or draft payable to the undersigned. IN WITNESS WHEREOF, the undersigned does hereunto set his hand and seal this 3 ,-,I day of np,+fiA~ , 1997 STATE OF CALIFORNIA COUNTY OF SAN DIEGO 1 ):SS On /0/3,/? :? before me, &n/ r 'e rnCALCtGw h e4 , notary public, personally appeared 177. z /I f . /#+/I personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)msubscribed to the within instrument and acknowledged to me that 4e/e executed the same in his/-uthorized capacity(ies), and that by - signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. &-fly GNATURVOF / NOTARY ,&-.&a,* d' A2' .x , B represent plaintiff in this lit' d the foregoing "Release and Satisfaction" and have recornmen WILLIAM L. BRUCKNER, ESQ.