HomeMy WebLinkAboutAGENDA REPORT 2000 0119 CC REG ITEM 11DTO:
FROM:
DATE
MOORPARK CITY COUNCIL
AGENDA REPORT
Honorable City Council
rrENt Jl • D.
CITY OF MOORPARK, CALIFORNIA,
City Coined Meeting
of
ACT
John E. Nowak, Assistant City Manager
07 January 2000 (Council Meeting of 01- 19 -00)
SUBJECT: Consider Rejection of Claim Moorpark Active
Seniors v. City of Moorpark
BACKGROUND: On December 16, 1999 the City received a Claim
for Damages from Moorpark Active Seniors asking for
indemnity and contribution by the City against a claim
filed against Moorpark Active Seniors for an injury in the
parking lot behind the building they are located in.
DISCUSSION: A volunteer of One More Time thrift store
claimed an injury resulting from a fall in the parking lot
behind the thrift store building. In August 1999 the
Moorpark Active Seniors was sued by the individual for the
claimed injury. On December 16, 1999 Moorpark Active
Seniors filed a claim against the City asking for indemnity
and contribution on the basis the City owns the parking lot
where the alleged injury occurred. The Moorpark
Redevelopment Agency, a separate and distinct entity, owns
the property. Further, the lease agreement signed by the
Moorpark Active Seniors for the property requires them to
indemnify, hold harmless and defend the Agency against all
claims resulting from their activities at the property.
The City's claims adjuster recommends that the City of
Moorpark reject the claim.
STAFF RECOMMENDATION: That the City Council reject the
claim filed by the Moorpark Active Seniors.
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