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HomeMy WebLinkAboutRes1998-129 Sponsored by: Janke I CITY OF SEWARD, ALASKA RESOLUTION NO. 98-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN A SETTLEMENT AGREEMENT WITH RANDY MCFARLAND THAT SETTLES MR. MCFARLAND'S DEBT TO THE CITY AND SETTLES ALL PENDING AND FUTURE LITIGATION, CLAIMS, OR ALLEGATIONS OF ANY KIND BROUGHT DIRECTLY OR INDIRECTLY BY THE PARTIES WHEREAS, on August 21, 1998, the City exercised the convenience termination clause (Section 9.2) of the contract between Randy McFarland and the City of Seward for Parking Management Services (the "Contract"); and WHEREAS, both the City and Mr. McFarland contend that each owes each other monies under the Contract; and I WHEREAS, the City filed a civil action and obtained a prejudgment writ of attachment to recover its funds; and WHEREAS, Mr. McF arland has answered the City's claim and made a counterclaim; and WHEREAS, the Administration has worked with Mr. McFarland to seek a final accounting and try to resolve the amount owed to the City; and WHEREAS, the City Manager met with Mr. McFarland and negotiated an agreement subject to City Council approval and Mr. McFarland has accepted the attached settlement agreement; and WHEREAS, the attached settlement agreement pays a fair price to Mr. McFarland for his signs and drop boxes, allows Mr. McFarland to settle his debt with the City, and resolves, without admitting any wrongdoing, all pending and future allegations of any kind that have been or could be brought by the parties, directly or indirectly; and WHEREAS, the City Council finds it to be in the best interest of the City to acquire the existing parking equipment rather than to require its removal and replacement. I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: CITY OF SEWARD, ALASKA RESOLUTION NO. 98-129 Section 1. The City Manager is authorized to sign a settlement agreement with Randy McParland, in substantially the form as attached hereto, whereby the City will pay $24,943.00 to McFarland. Randy McParland's debt to the City is deemed paid in full and the City's debt to McFarland is deemed paid in full. Ownership of specified parking equipment shall be transferred to the City free and clear of all encumbrances. All pending and future litigation, claims and charges of any kind that have been or could be brought by the parties related to the Contract are satisfied, released and settled. Each party is to bear its own litigation costs and fees. Section 2. The City finds that the attached Settlement Agreement is in the best interest of the public, and is fair and reasonable to each party. Section 3. Appropriate $35,000 from the Parking Revenue Enterprise Fund, Retained Eamings, account no. 403-0000-3050, to the Equipment line item, account no. 403- 4030-5930, for the purchase of parking equipment, to be paid in light of mutual offsets for amounts allegedly owed to each other per terms of the settlement agreement, for a net payment to Randy McParland of $24,943. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 26th day of October, 1998. ~WARD'ALASKA . Lf&~ Lowell R. Satm, Mayor AYES: NOES: ABSENT: ABSTAIN: Blatchford, Clark, Gage, Orr, Satin Callahan King None ATTEST: -e::7 ~/< r.it~eUltllll' ~. ~,.... ","!> ,,'Ii ...( 0 vl::J.t'."~', ~~<tP~ .......... "'Y", '.' ~ i.l'o.~gOA>:'",'~.' ~'" .. . . ,';J'" lUM)-. "., . lilt . "','" ('"" " ~,;t ~ : '-I' --..e.- a "", ~~ ., : ':. .', = .: 0),71 A "f : ~:~ _ . U..t.:,'.tn'l'. 0" WI ...: ..-.....~: t."ll ~ ~ -+- : ~ 1.'~ .f') e. !A .-".,. ~ Y" ....0t.I~ \.tt~,/l' , :: -:. .""f}o....~::: 1 '\<<1;..' "l3" .:;, "-:.,~ ',' ...'" ."<0.1..- .~("~ ~j;~ "".. '\,." r'~ <.... _-, r~.... .'''~ ......."J~...'"l:....i..-,. r'.~~........';......... ...:;;,;:;'J:...\t....