1987_0127_THOMAS , JEFF_Release and Settlementto as
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RELEASE AND SETTLEMENT
and between the CITY OF SAN JUAN CAPISTRANO, herein -
id JEFF THOMAS, hereinafter referred to as Property Owner.
WHEl294$,��li has arisen regarding damages occurring to Property Owner's
property ocation of 32192 Cook Lane, San Juan Capistrano arising out of a
malfunction of sanitary sewers; and
WHEREAS, Property Owner believes City to be at least partially responsible for said
damages; and
WHEREAS, City and Property Owner wish to reach a full and final settlement of the
matters arising out of the subject damages,
NOW, THEREFORE, BE IT RESOLVED between City and Property Owner as follows:
1. City agrees to be responsible for a portion of the damages to Property Owner's
property in the total amount of $2,154.89. This sum consists of the following sub -
elements:
Plumbing Services ..............................$
50.00
Carpet Replacement ............................$
150.00
Electrical Repair ...............................$
167.00
Electrical Repair... ......................$
214.59
Plumbing (Clean Out Vent) ......................
$ 56.30
Pump and New Vault Cover ......................
$ 1,200.00
Nottingham Pump Services ......................
$ 117.00
Trouble and Inconvenience .......................$
200.00
2. Property Owner acknowledges responsibility for the total sum of $1,350.00 for a
portion of the damages. This sum consists of the following sub -elements:
Plumbing Services .............................. $ 50.00
Carpet Replacement ............................ $ 150.00
Nottingham Pump Services ...................... $ 150.00
Pump and New Vault Cover ...................... $ 1,200.00
$ 1,550.00
Credit for Trouble and Inconvenience .............. -200.00
$ 1,350.00
3. In performing all of the corrective work needed to repair the subject damage, it is
acknowledged that Property Owner has already expended approximately $550.00;
therefore, Property Owner further agrees to make a one time payment of $800.00
to the City by not later than January 10, 1987.
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a. The $800.00 payment to the City was reduced by the amount of $66.00, to
$734.00. This reduction was based on an additional cleaning bill submitted by
letter from Mr. Thomas on December 1, indicating his payment to Pelican
Plumbing in the amount of $131.25.
4. Property Owner acknowledges that all matters arising out of the claim regarding
damages for the sanitary sewer problem as hereinabove set forth, are finally
compromised and settled. Each party releases the other from all rights and claims
that that party now has against the other arising from the facts and circumstances
set forth above. The terms of this compromise and settlement agreement shall
bind and inure to the benefit of the parties, their heirs, legal representatives,
successors and assigns.
Executed at San Juan Capistrano, on a7 1987.
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CITY MANAGER