HomeMy WebLinkAboutCA Settlement Agreement and Release (Claim 3-1-3234)0x/09/2019 15:36 8592824372 CMBRINKERDMDPSC PAGE 05/10
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SETTLEMENT AGREEMENT AND RELEASE
THIS ACREEMBN T is entered into this '?rYday of ( 2019 by and
between RACHEL 13RINKER and CHRISTOPHER BREAKER, (collectively bereaftcr
a
"CLAIMANTS"), and the CITY OF SAN RAFAEL ("CITY'.
REC'ZTALS
a. WHEREAS, CLAIMANTS are the owners of real property located in the City of
San Rafael, County of Marin, State of California,commonly known as 80 Upper
Tayon Drive, San Rafael, CA 94903, Assessor's Parr -el No. 012-26t-081 (the
'PROPER'T'Y"); and.
b. VaIMAS, on or about January 10, 2018, CLAIMANTS filed a claim with the
City Clerk of CITY, stating a claim for storm -related landslide damages to the
PROPERTY in an unspecified amount, including but not limited to loss of'fencing,
landscaping and lighting along or near the fence, irrigation systems and plantings,
alleged to have been caused by City in connection with the construction andior
maintenance of Upper Toyon Drive,.a City-maintaiaed public street; and
c. WHEREAS, CITY assigned C1abm No. 3-1-3234 to CLAIMANTS' claim; and
d. WHEREAS, by letter dated March 2, 2018,'C1TY, through its third -party claims
administrator, mailed to CLA54ANTS a notice that their claim had been rejected'by '
operation of law; and
e. WI-EEREAS,'CITY denies liability for the darnagcs to the MOPERT"Y alleged in
CL.AWANT'S claim and
f WHEREAS, the parties wish to fully and finally resolve and settle their diffem aces
conceming Claim No. 3-1-3234, as set Forth herein;
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NOM, THEREFORE, CLAIMANTS and CITY agree as :follows:
AGREEMENT
d. Without admitting laabil.ity for the darrt.ages alleged is CLADAAWrS claIM CITY,
at its own expense, agreed to perform certain repair work on and adjacent to The PROPERTY,
including but not limited to grading and clearing of vegetation, installation of a new cast-in-drilled-
bole
ast in -drilled -
hole regaining wall adjacent to Upper Toyon Drive across the slide area on the PROPERTY, repair
of the fence along the roadside, repair of the lowet retaining ARE, Bnd restOratior► of The
PROPERTY at the conclusion of con%tru,eticm, all as more particularly described in the plans
designated 112017 Storm Damage Repair - #80 Upper Toyan Drive; ProjectNo.11329" Oa file the
CITY'S Department of'Public Works (the I?rojeet Plans"). Such work has been completed to
CLATMANTS' satisfaction.
2. in consideration for CITY' S promises made herein and the work done pursuant to
this Agreetnwn CLADUNTS, and each of them, hereby fully release and discharge the CTTY
from any and all claims, demands, liabilities, obligations, debts, causes of action known or
unknown, suspected or unsuspected, which they may have ox r,; anytime heretofore had relating to
-the events and/or damages Haat are the subject of Claim No. 3-1-3234.
3_ It is intcaded by the parties that the release contained herein shall operate as a
general and complete unqualified release and in fuMerance of this intention, CLAMAW. s
%expressly waive i d relinquish all rights and benefits under Section 1542 of the Califvmia Civil
Code which 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.
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5. This Settlement Agreement and Release steal l be binding on all the parties, and on
their heirs, successors end assigns.
CLA,AVIANTS:
RACHEL� R °
amsHER.BRINKER
CITY QT SAN P."AEL:
By; ..
S Hl;T7, Ci M agcy
ATTEST:
By: l�i
U DSA.Y LARA, City Clerk
APPROVED AS TO FORM:
By: La
ROBERT C. EpmEA city A orney
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,Ty WITH A'
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: City Attorney
Project Manager: Lisa Goldfien Extension: 3081
Contractor Name: Settlement Agreement -Claim # 3-1-3234 (PW) Rachel Brinker
Contractor's Contact: n/a Contact's Email: n/a
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
n/a
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
2/26/2019
b. Email contract (in Word) and attachments to City
Attorney c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
Click here to
and return to Project Manager
enter a elate
❑
b. Confirm insurance requirements, create Job on
n/a
Department Director
PINS, send PINS insurance notice to contractor
3
Approval of final agreement form to send to
Click or tap
❑
contractor
to enter a
Forward three (3) originals of final agreement to
date.
4
Project Manager
Click here «
❑
contractor for their signature
enter a date.
5
Project Manager
When necessary, contractor -signed agreement
❑ N/A
agendized for City Council approval
"City Council approval required for Professional Services
❑
Agreements and purchases of goods and services that exceed
Or
$75,000; and for Public Works Contracts that exceed $175,000
Click here to
Date of City Council approval
enter a date
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
6
Project Manager
Forward signed original agreements to City
Attorney with printed copy of this routing form
7
City Attorney
Review and approve hard copy of signed
11141
agreement
8
City Attorney
Review and approve insurance in PINS, and bonds
(for Public Works Contracts)
9
City Manager/ Mayor
Agreement executed by City Council authorized
C� _
��
City Clerk
official
l
10
Attest signatures, retains original agreement and
forwards copies to Project Manager
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