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1848 - Resolution - Retention of Law Offices of Timothy LeyhRESOLUTION NO. 1848 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE RETENTION OF THE LAW OFFICES OF ATTORNEY TIMOTHY LEYH AS SPECIAL COUNSEL TO REPRESENT THE CITY IN THE LEGAL ACTION COMMONLY KNOWN AS MANHEIMER, et al_ v. PORT OF BREMERTON, et al., Pierce County Superior Court Cause No. 95-2-13512-4. WHEREAS, the City of Bremerton as third -party plaintiff has filed a legal action to join the City of Port Orchard as a third -party defendant to the legal action commonly known as Manheimer, et al. v. Port of Bremerton, et al., and WHEREAS, it is the desire of the City to retain special counsel to represent the City of Port Orchard in this lawsuit, and WHEREAS, the law offices of attorney Timothy Lehy have agreed to represent the City of Port Orchard in a joint defense with the City of Poulsbo in this lawsuit, and WHEREAS, the City has received a settlement offer from Plaintiffs' legal counsel, and WHEREAS, plaintiffs have already entered into settlement agreements with several defendants to this action and a reasonableness hearing is scheduled in the near future for the purpose of seeking court approval of these settlement agreements, and WHEREAS, the City may be able to participate in the presently scheduled reasonableness hearing should the City be able to reach a settlement agreement with the plaintiffs prior to the reasonableness hearing, and WHEREAS, it is in the best interests of the City to proceed with settlement of this litigation and to participate in the pending reasonableness hearing, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE THAT: SECTION 1. The City Council does hereby authorize the Mayor to retain the law offices of attorney Timothy Leyh to represent the City in the legal action commonly known as Manheimer, et al. v. Port of Bremerton, et al, in a joint defense with the City of Poulsbo. SECTION 2. The City Clerk, the City Attorney, and the law offices of Timothy Leyh are authorized to submit claims to insurance carriers that provided insurance policies to the City and to seek coverage pertaining to the City's potential liability presented by this legal action. SECTION 3. That plaintiffs' settlement demand in the amount of $35,000.00 is a reasonable amount, with due consideration given to plaintiffs' claim of damages, the existing settlement agreements between plaintiffs and the other defendants to this action, and the City's potential liability, to resolve and settle any liability the City may have with respect to plaintiffs and third -party plaintiff's claim(s) against the City as a party to this action. Resolution No. 1848 Page Two of Two SECTION 4. The City Council does hereby authorize the law offices of attorney Timothy Leyh to negotiate with plaintiffs' counsel for the purpose of entering into a settlement agreement to resolve any and all City liability to plaintiffs and third -party plaintiff arising out of this action and to accept plaintiffs' settlement offer of $35,000.00 on condition that any such settlement agreement shall be tendered to the City's insurance carrier for acceptance and approval, which shall not, in the City's determination, be unreasonably withheld. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Cleric in authentication of such passage this 8th day of February 1999. .1-7Z LESLIE J. WEATH LL, MAYOR ATTEST: Pa icia Parks, City Clerk