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File #: 22-1331    Version: 2 Name: 8/15/22 Gordon-Gurfinkel Settlement
Type: Resolution Status: Passed
File created: 8/15/2022 In control: City Council
On agenda: 8/15/2022 Final action: 8/15/2022
Enactment date: 8/15/2022 Enactment #: R-22-268
Title: Resolution to Authorize Settlement of Claim by Deborah Gordon-Gurfinkel and Elihau Gurfinkel

Title

Resolution to Authorize Settlement of Claim by Deborah Gordon-Gurfinkel and Elihau Gurfinkel

Staff

Prepared by:                       Tim Wilhelm, Deputy City Attorney

Reviewed by:                       Atleen Kaur, City Attorney

Body

Whereas, Deborah Gordon-Gurfinkel and her husband, Elihau Gurfinkel, have asserted a claim against the City alleging personal injuries and damages resulting from an incident on August 6, 2020 in which Deborah Gordon-Gurfinkel suffered an injury to her ankle from stepping in a hole while walking on Sunset Road;

 

Whereas, The City disputes the claim and that it is responsible for the incident or resulting injury and damages;

 

Whereas, The parties now desire to settle and resolve the disputed claim and without an admission of liability on the part of any party, wherein the City will pay $24,500.00 to Deborah Gordon-Gurfinkel and Elihau Gurfinkel in exchange for a settlement agreement and a release of all claims against the City; and

 

Whereas, The City Attorney’s Office has advised City Council on this matter in an attorney-client privileged and confidential Legal Advice Memorandum dated July 13, 2022;

 

RESOLVED, That City Council authorizes the City Attorney to fully resolve the claims by Deborah Gordon-Gurfinkel and Elihau Gurfinkel for a payment of $24,500.00 contingent on the receipt of a settlement agreement and release of all claims acceptable to the City Attorney; and

 

RESOLVED, That the Mayor, Clerk, City Administrator and City Attorney are authorized to take actions to implement this resolution, including signing a settlement agreement.