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HomeMy WebLinkAboutCC Resolution 6874 (Fred Grange Settlement)RESOLUTION NO. 6874 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with FRED GRANGE RE SETTLEMENT OF LAWSUIT REGARDING KERNER BOULEVARD ASSESSMENT DISTRICT, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly intro- duced and adopted at a SPECIAL meeting of the City Council of said City held on MONDAY the 6TH day of ATTC,TTST 19 84 , by the following vote, to wit: AYES: COUNCILIAE14BERS: Breiner, Frugoli, Nave and Mayor Mulryan NOES: COUNCILMEA413ERS : None ABSENT: COUNCILMEMBERS: Russom JE NE M. LEONCINI, City Clerk ORIGINAL ^� �a SETTLEMENT AGREEMENT There is presently pending in the Superior Court of Marin County civil action no. 118249, FRED C. GRANGE ("GRANGE") vs. CITY OF SAN RAFAEL ("CITY") and DOES 1 through 10, inclusive. The case concerns the Kerner Boulevard Assessment District ("District") in the City of Ran Rafael. CITY and GRANGE desire to settle that litigation on the following terms: 1. Portions of the total assessments on parcels 22A and 22B of the District were levied for "traveled way" (defined in the Engineer's Report on the District, filed with -the CITY). The traveled way assessment on parcel 22A is $52,340.69. The traveled way assessment on parcel 22B is $51,525.27. Both of these traveled way assessments shall be removed from their respective parcels. All other portions of the assessments on parcels 22A and 22B are hereby approved and ratified. 2. CITY shall deliver to GRANGE the letter from Anne Moore, Planning Director, to Fred Grange dated August 2, 1984, con- cerning landscaping credits or the absence thereof based on the East San Rafael Wetlands Mitigation Pond, which letter was shown to GRANGE and his counsel on that date. 3. Ghiiotti Bros., Inc. agrees to buy the useable broken concrete owned by GRANGE in or near the District for $6.00 per yard. The District Engineer, Lee Oberkamper, will make his deter- mination of the fair market \Talue of the material and, if it is less than $6.00 per yard, the Assessment District shall pay Ghilotti Bros., Inc. the difference. 4. Robert Beyer, City Manager of San Rafael, will re- commend to the San Rafael City Council that the portion of Kerner Boulevard between Piombo Place and Francisco Boulevard (a section approximately 450 feet long) be renamed "Grange Way." 5. CITY shall use its best efforts to negotiate an agreement with MMWD to burden their parcels in the District with the obligation to pay that portion of the cost of the District which would have been assessed against them had they not been publicly owned and in use for a public purpose. Those payments, depending on when they are received, may be credited against the then exist- ing assessments, or may be paid in cash. It is understood that in either case, the credit or cash will go to the then owners of the assessed properties in the District. 6. GRANGE shall, immediately upon the execution of this agreement, dismiss action no. 118249 with prejudice 7. GRANGE hereby forever releases and discharges CITY from any and all claims he has against CITY, whether known or not, whether they were raised in action 118249 or not, whether they could have been raised in action 118249 or not, arising out of or in any way connected with the Kerner Boulevard Assessment Dis- trict or the East San Rafael Wetlands Mitigation Plan. In addition, GRANGE specifically waives any and all right to bring any legal action to contest or challenge any determination made or to be made by CITY concerning landscaping requirements on land (whether belonging to GRANGE or not) in the Kerner Boulevard Assessment District except that GRANGE may contest or challenge the CITY's ,lack of good faith adherence to the substance of Anne Moore's VA letter referred to in paragraph 2 above. This release and waiver i:: binding upon GRANGE, his heirs, his successors and assigns and his legal representatives. B. CITY hereby forever releases and discharges GRANGE from any and all claims it has aqainst GRANGE, whether known or not, whether they were raised in action 118249 or not, whether they could have been raised in action 118249 or not, arising out of or in any way connected with additional costs to, damages to, or subsequent claims incurred by CITY as a result of GRANGE's filing action 118249 and as a result of any terms of the settlement herein contained. This release and waiver is binding upon CITY, its successors and assigns and its legal representatives. 9. In connection with the foregoing, GRANGE and CITY, after consultation with their respective counsel, understand and waive the rights provided by Section 1542 of the Civil Code of the State of California which reads: "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." Date - ' August 6 , 1 � Frq'd C. Grange As to paragraph 3: Ghilotti Bro ., Inc— ', nc. i By , - I��rr v I�7. Gh;lvt�i (Print name and title As to-ag tah l�obei-- Be ger 3 �,�r�nce E. Mulryan, Ma or CITY OF SAN RAFAEL, a Municipal Corporation APPI:OVED AS TO FORM: 1JL-c—�--- ct - ArssT ww,_ City ?attorney ATTEST: J�� n Ai. Leoncini, City C'l�rk