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HomeMy WebLinkAboutResolutions 88-299 N.C.S. 08/15/1988Resolution No. 88-299 N.C.S. of the City of Petaluma, California A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT AND MUTUAL RELEASE REGARDING THE LITIGATION KNOWN AS THE CITY OF PETALUMA VS. KENNETH FRANKEL GVHEREAS, litigation was instituted by the City of Petaluma against Kenneth Frankel, owner of the Phoenix Theatre, on August 6, 1987 and, WHEREAS, said litigation involves various uses of the building known as the Phoenix Theatre and, WHEREAS, the parties have conducted. extensive discussions regarding a possible compromise and settlement of this litigation and, WHEREAS, the case is currently set for . trial on the Sonoma County Superior Court master calendar for September 12, 1988 and, WHEREAS, the parties are desirous of settling this entire litigation without necessity of a trial on the merits and, WHEREAS, the staff of the City of Petaluma has recommended that the City Manager be authorized to execute the Settlement Agreement and Mutual Release, a copy of which is attached hereto as Exhibit A and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED that the City Manager is authorized to execute that document entitled "Settlement Agreement and Mutual Release", which is attached hereto as Exhibit A. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (~j~3#jX~l) meeting "~ on the ....1S1r11--......... day of ..............~~.gl3SZ.............................., 19.$$., by the following vote: ...._,.... Attorney--~~----- AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Mayor Hilligoss NOES: U ABSENT: V' ce Davis ~. ~~~~ ATTESZ . ...-... .. .. .. ... ........................... ....... -•-----•-- City Clerk Mayc Council File.°-----°-.° ...................... CA 10-85 Res. No. .....8$-.27.7...... N.C.S.