HomeMy WebLinkAbout01/02/1991, C-5 - ADOPTION OF A RESOLUTION AUTHORIZING SETTLEMENT IN THE CASE OF MICHAEL SPANGLER V. CITY OF SAN LUIS OBISPO, SAN LUIS OBISPO SUPERIOR COURT NO. 60520►►IBIIpW§� city of san tins ompo
COUNCIL AGENDA REPORT
FROM: C 1 EFF JORGENSEN, CITY ATTORNEY
V
PREPARED BY: INDY CLEMENS, ASSISTANT CITY ATTORNEY
MEETING DATE:
ITEM NUMB
SUBJECT: ADOPTION OF A RESOLUTION AUTHORI2ING
SETTLEMENT IN THE CASE OF MICHAEL SPANGLER
V. CITY OF SAN lUIS OBISPO, BAN LUIS OBISPO
SUPERIOR COURT NO.. 60520
CAO RECOMMENDATION:
Adopt a resolution authorizing settlement as outlined in the
Settlement Agreement (Attached as Exhibit 1 of the Resolution)
ANALYSIS:
During the closed session on December 18, 1990, the City Council
authorized settlement in the case of Spangler v. City of San Luis
Obispo as set forth in the settlement agreement. Pursuant to that
authorization, a resolution is being submitted which formally
authorizes that settlement.
ATTACHMENTS:
Resolution Authorizing Settlement
Settlement Agreement (Exhibit 1 of the Resolution)
RESOLUTION NO. (1991 series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
AUTHORIZING SETTLEMENT IN THE CASE OF
SPANGLER V. CITY OF SAN LUIS OBISPO,
SAN LUIS OBISPO SUPERIOR COURT NO. 60520
WHEREAS, the City Council has reviewed the Settlement
Agreement in the case of Michael Spangler v City of San Luis
Obispo, Superior Court No. 60520 (attached as Exhibit 1);
NOW, THEREFORE, BE IT RESOLVED that the City Council
authorizes settlement in the case of Michael Spangler v City of
san Luis Obispo, Superior Court No. 60520, as outlined in the
Settlement Agreement.
Upon motion of seconded by _
and on the following roll call
vote:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of
, 1991.
Mayor Ron Dunin
ATTEST:
Pam Voges, City Clerk
e-S-A
Resolution No. (1991 Series)
Page Two
APPROVED:
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AGBEEl�cl1T N0. A- 157 -90 -CA
This General Release and Settlement Agreement ( "Agreement")
is made this / 7 day of adzezfflL.� 1990, by and between the
City of San Luis Obispo ( "City "), and Michael Robert Spangler
( "Owner ").
Whereas, on or about November 10, 1987, Owner commenced
Superior Court action Number 60520 against the City, and
Whereas, the action relates to alleged damages to real
property owned by owner as the location of 1 -93 Higuera, within
the City of San Luis Obispo, allegedly occurring from 1981 through
1983, and
and
Whereas, Owner alleges that City is liable for said damages,
Whereas, City has offered to pay Plaintiff Owner the amount
of $20,000 to resolve the present dispute and litigation and for a
covenant not to sue City,
NOW THEREFORE, City and Owner mutually agree as follows:
1. City shall pay to Owner the sum of $20,000 within 15
calendar days, and upon receipt thereof Plaintiff -Owner shall file
with the Superior Court, County of San Luis Obispo, a Dismissal
With Prejudice, in case number 60520. Owner is not barred from
raising claims for future permanent damage arising out of future
events. Owner does not waive any right to claim attorneys fees
incurred in this action in any subsequently filed action for storm
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A- 157- 90 -r...
water damage against City. City reserves its right to raise any
and all defenses to Owner's claims.
2. Full and Final Release.
Each of the Parties on behalf of that Party, the Parties'
agents, heirs, executors, administrators, successoro -and assigns
hereby fully release and discharges each of the other Parties and
the other Parties's heirs, successors, executors, administrators,
assigns, and its agents, servants, shareholders, employees,
representatives, assigns and successors from any and all claims,
debts, liabilities, demands, obligations, costs, expenses,
damages, actions, and causes of action, of whatever kind or
nature, whether known or unknown, based on, rising out of, or in
connection with anything whatsoever done, omitted or suffered-to
be done at any time prior to the date of this Agreement.
3. it is understood by Owner that except for the matters
expressly represented in this Agreement, the facts with respect to
which this Agreement is entered into may turn out to be other than
or different from the facts now known to him or believed by him to
be true, and he therefore expressly assumes the risk of facts
turning out to be different and agrees that this Agreement shall
be in all respects effective and not subject to termination by
reason of any such different facts. Owner hereby waives any and
all rights which he may have under the provisions of section 1542
of the Code of Civil Procedure.
4. Owner releases all of his claims against City insurance
company(ies) potentially liable for the claims, demands or causes
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of action released. in addition, by signing this release Owner
acknowledges that no City insurance company, insurance adjuster,
agent, or broker has engaged in any unfair claims settlement
practices with respect to the claims and causes of action
described above.
5. Owner represents, warrants and guarantees that he is the
true and lawful owner of the claims being released in this
Agreement and that no other person or entity has any right title
or interest whatsoever in the said claim.
Owner represents, warrants and guarantees that this Agreement
has been entered into by him after due consultation with his
attorney without any representations, statements, or warranties
made by any other Party, or said Parties counsel or any other•
person, except as expressly set forth in this Agreement.
Owner represents, warrants and guarantees that be has
carefully read this entire Agreement and understands the contents
of it and signs this Agreement as his own free act.
This settlement is the compromise of .a disputed claim as set
forth in this Agreement and shall never be treated as an admission
of liability by any party for any purpose whatsoever.
6. Each party shall bear their own attorney's fees and all
costs and expenses incurred with respect to this claim, subject to
claims reserved in paragraph 1 hereof.
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7. This settlement is subject to approval by the City Council. of
the City of San Luis Obispo.
Spangler /Agreement
ATTEST:
Cit of San ikieObiapo
-; INZ
wi 1 m Walter
Attoi y for Owner
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