3315189v1
APPROVED AS TO FORM AND LEGALITY
____________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO COMPROMISE AND SETTLE THE CLAIM OF
SEMINARY HAVENSCOURT LP, CITY ATTORNEY FILE NO. C34946,
IN THE AMOUNT OF SIXTY THOUSAND EIGHT HUNDRED THIRTY-
ONE DOLLARS AND TWENTY-SIX CENTS ($60,831.26)
(DEPARTMENT OF PUBLIC WORKS – FAILED STORM DRAIN)
WHEREAS, Seminary Havenscourt LP (“Semina ry”) claims that during a period of heavy rain, a storm drain located at 66th Avenue and International Boulevard backed up and caused flooding onto the sidewalk and into tw o apartments and common areas of Seminary’s apartment building; and
WHEREAS, Seminary alleges that the flooding caused substantial damage to Seminary’s property; and
WHEREAS, Seminary filed the above entitled claim seeking payment for said damages; and
WHEREAS, the City of Oakland has determined that settlement in this amount, without an admission of liability, is in the best interest of the City; now, therefore, be it RESOLVED: That the City Attorney is authorized and directed to compromise and settle the claim of Seminary Havenscourt LP, City Attorney’s File No. C34946, for the sum of Sixty Thousand Eight Hundred Thirty-One Dollars and Twenty-Six Cents ($60,831.26); and be it FURTHER RESOLVED: That the City Administrator is authorized and directed to issue settlement payments as negotiated by the City Attorney with Seminary; and be it FURTHER RESOLVED: That the City Attorney is further authorized and directed to take whatever steps may be necessary to effect said settlement.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
ED AS TO FORM AND LEGALITY
_______________________________________ ______________
CITY ATTORNEY’S OFFICE