CITY COUNCIL AGENDA ITEM
Meeting Date: June 8, 2004
Subject/Title: Reject claim presented by Eric Waters
Prepare by: Karen Diaz, City Clerk/Director of Administrative Services
Submitted by: Karen Diaz, City Clerk/Director of Administrative Services
Reject the claim of Eric Waters presented on January 13, 2004 as recommended
by the City Attorney.
Claimant, Eric Waters, presented a claim in the amount of $329.75 for two
tires and an alignment. Claimant states that on September 1, 2003 he was
heading north near 412 Fairview when he nit a pothole in a construction
area. Staff has determined that Fairview Avenue had construction completed
by Mertitage Homes. At the time of the incident the Fairview Avenue
improvements has not been accepted by the City. The City has a subdivision
improvement agreement with Meritage Homes that provides the City indemnity
rights for defense and indemnity for claims arising from the improvements.
No fiscal impact at this time.