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HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA
TO: BOARD OF COMMISSIONERS
FROM: Richard J. Martinez, Acting Interim Executive Director
DATE: March 23, 1993
SUBJECT: PEREZ v. COUNTY OF CONTRA COSTA
Delta Judicial Dist. Municipal Ct. Case No. 27724
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION:
Pursuant to settlement of the above-captioned matter, the
Board of Commissioners APPROVES the Release attached hereto and
AUTHORIZES the Acting Interim Executive Director of the Housing
Authority to execute the Release on behalf of the Housing
Authority of the County of Contra Costa.
II. FISCAL IMPACT:
The Housing Authority will recieve $2,500 as payment for the
Housing Authority's fees and costs in litigating this matter.
III. BACKGROUND/REASONS FOR RECOMMENDATION:
In 1988 the Housing Authority was sued by an individual who
fell into a trench on Housing Authority grounds which had been
placed on the property by Champion Plumbing and Heating, a
contractor of the Housing Authority. The Housing Authority filed
an answer to the complaint and also filed a cross-complaint
against Champion Plumbing for indemnity as provided for in the
contract documents . The case has been settled. Champion
Plumbing, by and through its insurance company, Industrial
Indemnity Company, has agreed to pay the Housing Authority $2,500
in exchange for dismissal of the cross-complaint.
VI. CONSEQUENCES OF NEGATIVE ACTION
The Housing Authority will not receive reimbursement for its
fees and costs in litigating this matter and will continue to
incur additional legal fees and costs .
CONTINUED ON ATTACHMENT: YES SIGNATURE
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RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON 1D193 APPROVED AS RECOMMENDED X OTHER
VOTE OF COMMISSIONERS
y I HEREBY CERTIFY THAT THIS IS A
�) UNANIMOUS (ABSENT 1 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
COMMISS. ONERS ON THE DATE SHOWN.
Orig: Housing Authority ATTESTED
cc: County Counsel PHIL BATCHELOR, CLERK OF
THE BOARD OF COMMISSIONERS
AND, CQUNTY ADMINISTRATOR
s1a4\a:\boardord\perez.bdo BY (, / , DEPUTY
1-31
R E L E A S E
FOR AND IN CONSIDERATION of a valid draft payable to CONTRA
COSTA HOUSING AUTHORITY, in the total sum of TWO THOUSAND FIVE
HUNDRED DOLLARS ($2, 500.00) , receipt of which is hereby
acknowledged, the undersigned hereby releases and forever
discharges CHAMPION PLUMBING & HEATING and INDUSTRIAL INDEMNITY
COMPANY, and their heirs, assignees, employees and agents, if
any, and all other tort-feasors in accordance with Section 877 of
the Code of Civil Procedure of the State of California, from any
and all claims, demands, actions or causes of action, known or
unknown, including all injuries, deaths and/or damages arising
out of or in any way connected with or resulting from the
incident, occurrence, casualty or event, which occurred on or
about January 17, 1987 at 192 Orchard Drive, Brentwood,
California.
FURTHER, in consideration of said draft and as a further
consideration for this settlement, the undersigned agrees as
follows:
1. Disputed Liability. The liability for said incident
occurrence, casualty or event is disputed by the
parties herein and shall not be construed as an
admission of liability.
2. Release of Known and Unknown Injuries. This is a full,
final and fair release applying to all unknown and
unanticipated injuries, deaths or damages from said
incident, as well as to those now known or disclosed.
The undersigned further waives all rights or benefits
which the undersigned now has or in the future may have
under the terms of Section 1542 of the Civil Code of
the State of California, which latter section reads as
follows:
A general release does not extend to the
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.
3 . Dismissal of Action. The undersigned abandons and
dismisses its cross-complaint filed in Action No. 27724
in the Municipal Court of California, County of Contra
Costa, Delta Judicial District, and authorizes a
dismissal with prejudice of said action.
4. Hold Harmless. The undersigned will indemnify and save
harmless the parties herein released from any loss,
claim, expense, demand or cause of action from any
stranger to this action, or from any lien pursuant to
Sections 708.410 through 708.480 of the Code of Civil
Procedure (liens in pending actions or proceedings) and
Section 14124.71 of the Welfare and Institutions Code
(Medi-Cal rights against third parties) and sections
3850 through 3864 of the Labor Code (subrogation of
employer or workers' compensation carrier against third
parties for compensation .benefits) and from any loss
incurred directly or indirectly by reason of the
falsity or inaccuracy of any representation herein by
the undersigned.
5. Attorney Liens. The undersigned will pay all
attorneys' fees, if any, for services rendered on his
behalf, and hold the parties harmless from any attorney
lien which results from such services.
6. Entire Agreement. This release contains the entire
agreement between the parties hereto. The terms of
this release are contractual and not a mere recital.
The undersigned has carefully read and understands the
contents of this release and signs the same as his own
free act.
DATED:
The foregoing release was reviewed and approved by me.
Attorney for party(ies) signing this release.
STATE OF CALIFORNIA
ss.
COUNTY OF
On , 19 , before me, the undersigned, a Notary Public in and
for said State,personally appeared. ,known to me to be the
person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same.
WITNESS MY HAND AND OFFICIAL SEAL.
Notary Public In and For Said
County, State of California