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Home My WebLink About05-99 . • RESOLUTION NO. 5-99 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE TOWN OF LOS ALTOS HILLS AND BRUCE J. CANN AND THE BRUCE J. AND SHELAGH M. CANN TRUST DATED 11/28/1984 WHEREAS, the Town Council of the Town of Los Altos Hills has read and considered that certain Settlement Agreement and Release ("Agreement") between the Town and Bruce J. Cann and the Bruce J. and Shelagh M. Cann Trust Dated 11/28/1984. NOW, THEREFORE, the City Council of the Town does RESOLVE as follows: 1. Public interest and convenience require the Town of Los Altos Hills to enter into the Agreement described above. 2. The Town of Los Altos Hills hereby approves the Agreement and the Mayor is hereby authorized on behalf of the Town to execute the Agreement between the Town of Los Altos Hills and Bruce J. Cann and the Bruce J. and Shelagh M. Cann Trust Dated 11/28/1984. PASSED AND ADOPTED this 20thday of January , 1999. By: Mayor ATTEST: City Clerk • JAN 2?1 r99 08'28A11 /-9S_14.1,T05. FIILLS FP.2'4 • • This Settlement Agreement and Release in Full ("AGRBENENT°) is entered into by and between TEE TOWN OF IAS ALTOS HILLS ("TOWN") and BRUCE CNN and the BRUCE J. CANN and SRELAGH Irl. CANN TRUST DATED 3.1/28/1984 (hereinafter collectively referred to as "CANES") . This AGRBENENT is, for reference purposes only,, dated 7anuary 1999. RECILVAU WEEREAS, the BRUCE J. and SHB GH M. . CA2IN TRUST DATED 11/28/1984 owns the real property at 26475 AsoensiOn Drive, Los Altos 11e, CA ("PROPERTY") ; and WHEREAS, Bruce J. Cann is the trustee of the BRUCE J. CAIIN and SXZLAGR R. CANN TRUST dated 11/28/1984; and WHEREAS ERtuCE J. cANN filed a claim with the TOWN for damage, to the PROPERTY; and WAS, the CANNS contend that the storm drain above their PROPERTY buret and caused water, rooks and mud to flow onto the PROPERTY causing significant damage("FLOODING") ; and SAS, the CANES have filed a claim against the TOWN for Forty Two ThodSand Seven Hundred and Eighty-Seven Dollars and Thirty-One, Cents 042,787.31) and have requested that the TOWN take financial responsibility for the FLOODING; and WHEREAS, the TOWN and CANNS have agreed to a repair• plan which is significantly less expensive than $42,727.31; and WHEREAS, the TOWN and the CANNS wish to settle this disputa as expeditiously as possible, and the TOWN and the CPNNS have agreed upon a settlement; and mss, the TOWN has repaired the public storm drainage system which the CANNS and TOWN believe caused the FLOODING of the PROPERTY: and WHEREAS, the TOWN, pursuant to the CANNS' request, per the agreed repair plan is repairing the patio drain adjacent to the house on the PROPERTY; and WHEREAS, the TOWN has agreed to pay the CSS Tan zhouaand One Hundred Eighty Sevan Dollars and Thirty One Cents ($10,187.31) ; and WHEREAS, the CANNS have agreed to waive any and all claims against the TOWN for liability regarding the FLOODING on the PROPERTY; and 1 N l51.sa J14Nf f@ 09:OrAM Q��mAiL,a05±i LS FP:34 u_ + • NOW THEREFORE, in consideration of the above recitals. which are incorporated herein by reference, and in further consideration of the covenants, promises misnfollows: conditions hereinafter set forth, each of the partiesagrees 1. The TOWN shall repair the patio drain adjacent to the house on the PROPERTY. 2. BRUCE x. CANN shall approve in writing the repair set forth in paragraph number 1 and such approval shall not be unreasonably withheld. 3. The TOWN shall issue a check to Br 1104% 3. ca nn trustee of the BRUCE J. and SWAGE N. CANN TRUST DATED a Dollars-1984 in and ...i thehe amount of Tan Thousand One Rundred Eighty oCita I6iC'NT7and?recs pt of the written approval two weeks of the ete execution set forth in of this: AGREEMENT paragraph 2. 4. In exchange and consideration for payment set forth in Paragraph 1 and 3, and other valuable consideration,releaand forever t of rich is hereby acknowledged, g'��CAlNreph�serr�atives, employees, discharge TOWN, attorneys, insurance carriers, successors, ands liabilities, eachaof them, from any and all claims, dot , obligations, costs, attorneys' fees, expenses, actions, and causes of action, of every nature, character, and description whether known or unknown, which CkNNS now own or hold, or have at hereafter own oryhoidtim� heretofore owned or held, or may at any time h • against TOWN or its agents, representatives, employees, s, the ,orn s y , insurance carriers, successors, or assigns, or anyorsoever that havey reason of any matter, cause, or thingsior occurred, have been done, omitted, or suffered to b donearisinrut to the effective data of this AGREEMENT, based r6p facts, and things or in connection with, any or described and referred to herein. S. The CMQIS by execution of this AGREEMENT voluntarily waive and relinquish the rights and benefitseoas folio esd by California Civil code Section 11542, which A general release does not extend to claims which the creditor does not know or suepeCt to exist in his favor at, the time of executing the release, which if known by him must'have materially affected hie settlement with the debtor. G. Except as otherwise provided herein, the parties acknowledge that this AGREEMENT effects the full, final, and complete settiessent of all u6ed by the FLOODING,claims between them � �exee�p't regarding the moose claims regarding daating 2 N;wtts'uCu.nkeonson +si.0 JAN 20 '99 ea:29AM LjOS ALTOS HILLS pP,44 ' h JAN 17 ►99 147111 UKW.ryWAY►SC new ,obligations established by AGREEMENT. . i� in this AGiET �1or�nzedaadmission liability by any party. 7. In the event that any litigation odours concerning iitis AGREEMENT, or any other claims compromisedthe thereby, P party shall be efttitled to its cost of suit, including reasonable attorneys' fees. This AGREEMENTis made and entered into under the laws of ' the state. of California, and venue for any dispute regarding the AGREEMENT shall be Santa ,Clara County, California. S. This AGREEMENT shall be binding upon, andp��shall ��ve�� the benefit of all parties�d each o! them. successors, and assigns, 9. In calla any provision of this AG validity,T sh ll bei , invalid,n illegal, or unenforceable, they ber enforceability f the t�raii ifig provisions shall not in any affected or 10. eby. This a the 'matter of thisagreement ENNT, andmeit parties with respect to the subject any and all prior agreements, negotiations, e cont ectuaingna nng thee parties. The terms of this AGREE a mere recital. 11, This Agreement may not be ifieedo.r amended except by an inatramsft executed by 12. This AGREEMENT may be signed by the parties in counterparts, each of Bch so executed shall be deemed anor inil iirrespective of the date of execution and delivery counterparts together shall constitute one and the a = • MEW ,Tarivary 1999► 1;010E DATED= January,720, 1999 DRUM J. and TRUST DATED 11/22 1984` Cis 6- 0A- NN Yts= 57-tea DATED; yanuary 2., 1999 TOWN OF IAS ALTOS BILLS Dy; — Its: �� y M�t4!►Z;ER 3 N Cal icer mime dtteekei1 ra