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CITY COUNCIL AGENDA ITEM NO. 3

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
____________________________________________________________________________

RECOMMENDATION
Reject the claim of Eric Waters presented on January 13, 2004 as recommended by the City Attorney.

PREVIOUS ACTION
None

BACKGROUND
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.

FISCAL IMPACT
No fiscal impact at this time.
 

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