HomeMy WebLinkAboutCC Res 2036 1971-10-26
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RESOLUTION NUMBER :ltJv3 h
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH. CALIFORNIA. AUTHORIZING
THE CITY'S PARTICIPATION IN SETTLEMENT
AGREEMENT WITH HERSEY-SPARLING.
1
The City Council of the City of Seal Beach does resolve as
follows:
WHEREAS, Hersey-Sparling has tentatively agreed to a settlement
on the pending Water Meter Anti-Trust, Court Action
No. 702029 in the U. S. District Court. Northern
District of California, and'
WHEREAS, The city's special counsel. Rutan and Tucker. Santa
Ana. California. advises the tentative settlement
has merit in view of the evidence uncovered at the
present time.
NOW, THEREFORE. be it resolved by the City Council of the City
of Sea 1 Beach:
Section 1. The "Release and Covenant Not to Sue" is hereby
approved, and copy thereof is hereby attached as
"Exhibit A".
Section 2. The Mayor of the City of Seal Beach is hereby
authorized to sign "Release and Covenant Not to Sue".
PASSED, APPROVED, AND ADOPTED by the City Council 'of the City,of
Seal Beach. California. at a meeting thereof held on the 26th day
of October. 1971, by the following vote:
1
AYES: Councilmen Blackman, Holden, Sales. Smith
NOES: Councilmen None
ABSENT: Councilmen Barnes
ATTEST:
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Resolution Number
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RELEASE AND COVENANT NOT TO SUE
CITY'OF SEAL ,BEACH
(hereinafter
referred to as "plaintiff"), in consi.deration of the payment
of the sum of One Dollar ($l) and other good and valuable con-
sideration, receipt of which is hereby acknowledged, does
hereby release, acquit and foreVer discharge Hersey Products,
.
Inc. and its predecessors, successors and assigns, and each
past or present, direct or indirect, partner"subsidiary, divi-
.sion or affiliated corporation, and each of its past or present
employees, agents, representatives, officers or directors, and
any other person, firm, corporation or division now, previously,
-or hereinafter affiliated with it (all of which are hereinafter
referred to as "Hersey") from all claims asserted against
Hersey in Court Action No.702029 (the "Action") in the United
States District Court for the Northern District of California
and from all claims, whether or not presently known, which
plaintiff ever had, now has, or h~reinafter may have against
it and (a) which are or might have been asserted in that Action
or in any other of the water meter cases consolidated before
the Honorable George H. Boldt or (b) which are based upon,
connected with, or similar or related to any of the matters
referred to in any of the pleadings, papers or other records
produced or filed in any of those cases and including any
claims arising under any of the federal or state antitrust
laws or any common or statutory law.
Plaintiff covenants and agrees that it will forever
refrain from instituting, prosecuting, maintaining or pressing
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Resolution Numbe~
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any action or suit, and from collecting or proceeding, against
Hersey based upon any such claim.
At the conclusion of the Action, plaintiff wiil
forthwith return to counsel for Hersey all documents, all ex-
tracts or summaries of documents and all copies of any of the
.
foregoing in its possession, custody or control which Hersey
furnished or produced as part of pre-trial discovery in the
Action or in any other aforemen~ioned water meter case, and
plaintiff's counsel will promptly thereafter state in writing
to counsel for Hersey that neither plaintiff nor its counsel
retain any such documents, summaries, extracts or copies.
It is expressly understood and agreed that by exe-
cuting this Release and Covenant Not To Sue, pla~ntiff is not
discharging, releasing, relinquishing or in any way affecting
its claims against any person other than Hersey, including
claims against any such other person or persons relating
to or arising out of purchases from Hersey, and plaintiff
reserves its rights to pursue its claims against any other
person or entity, inCluding the defendants other than Hersey
.
in the aforementioned water meter cases.
IN WITNESS WHEREOF, plaintiff has caused this Release
and Covenant
tfl~
Not To Sue to be executed this ~day of
, 1971 by its duly authorized officer or
agent.
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By,