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HomeMy WebLinkAboutReso 5192-1969 RESOLUTION NO. 5192 A RESOLUTION AUTHORIZING COMPROMISE SETTL~Z~ENT OF LITIGATION, AND, DIRECTING PAYMENT OF FEES AND COSTS WITH RE-_J~TION THERETO PERSON AND SWANSON iNDUSTRIAL TRACT RESOLVED, by the City Council of the City of South San Francisco, California, that wHEREAS, the attorneys for the various parties involved in John A. Blume & Associates, et al. vs City o£ South San Francisco, et al., Action No. 1L.3708 in the Superior Court of the State of California in and for the County of San Mateo, have negotiated a settlement of said action, which involves the payment of~ $2,000 by the City to John A. Blume & Associ- ates from the cons~truction fund created pursuant to Resolu- tion of Intention No. 27~1, adopted April 6, 1959; WHEREAS, said compromise settlement involves additional payments from the insurance carrier of Charles L. Harney, Inc. in the amount of $1,500, and from Woodward-Clyde & Associates of $2,800, and it therefore appears reasonable that this Council participate to the exter.t of the $2,000 proposed; WHEREAS, special counsel to the City has .rec~ommended settlement on these terms; NOW, THEREFORE, IT IS ORDEPED, that 1. The amount of $2,000 be paid to John A. Blume & Associates from the construction fund for the project, upon dismissal with prejudice of said Action 113708 and the obtain- ing of any additional releases deemed necessarY by the City Attorney and special counsel. 2. That the amount of $4,362.30, being the total amount of attorneys' fees and costs incurred by counsel in defense of the action be paid from said construction fund upon sub- mission and audit of verified claims therefor. -~ IJ 'ir T I hereby certify that the foregoing resolution was regularly intro- duced and adopted by the City Council of the City of South San Francisco at a regular meeting held this 20th day of October, 1969, by the following vote: AYES, COUNCILM£N NOES, ABSENT, " Frank J. Bertucelli, Patrick ~. Ahern, F. Frank Mammiri, Andrew Rocca and Warren Steinkamp None None