06/12/1939 Meeting - Laserfiche WebLink

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~ 206 AGREEMENT WHEREAS, FLORENCE A. HANDSAKER heretofore commenced in the Circuit Court :/i' of the State of Oregon for Lane C.ounty an action against the Ci ty of Eugene for dama es ~~ for alleged injur~es claimed to have been sustained by reason of the slipping of a i:'<.V crutch on an iron lid. over a water pipe cut-off and in a sidewalk at No. 133 East. r' '. --.."" 11th street in Eugene, Oregon; and ".. '.;-, .....1. I WHEREAS, GENERAL CASUALTY CO. OF AMERICA (hereinafter for brevity sometime called "C.ompanyU) issued t.o said C1 ty of Eugene (hereinafter for brevity some times called "City"} a certain insurance policy, and within the time required by law said Company made an appearance in said Court in the name of said City with the view of defending said action, and on the assumption that the alleg.ed fact situation .set for h I in said complaint was covered by the said insurance policy, but it is not -yet. aef-ini ely determined whether said fact situation does in truth come within the terms of said policy; and W~REAS" it appears that in view of existing circumstances and the ~act that said Company has by its attorney already appeared in the name of City, and it now seems that it is advisable for said Company by its said attorney to continue in the defense of said action in said Circuit Court; NOW, THEREFORE~ it is agreed between said Company and said City as foll~s 1. That said Company shall at its expense, as to its attorney and witnesses, cause said action to be defended in said Court but by so doing said Comp- any shall not be deemed to have waived its right to claim that said policy does not cover said fact situation and action in said Bourt and does not obligate said Company to pay any claim made by the plaintiff or to pay any judgment that may be obtained in said action; and said company reserves all rights to disclaim any liabil ity to said City under said policy and the fact situation, whatever it may be, and said action. 2. If it is determined that the actual fact situation and the aforesaid action come within the terms of and are cov~red by said policy said Company shall in all'Tespects conform with the terms of said policy. 3. If it is determined by the parties hereto, or is otherwise lawfully determined, that the fact situation and the action and claim for damages made by said Florence A. Handsaker do not come within the terms of said policy and a judgmen. is obtained against said City in said action, then said Company shall not be liable for the payment of such judgment, and said City shall pay said judgment, if any such judgment, and said City shall pay said judgment, if any such ~udgment is obtain d. I 4. Said City may, if it elects to do so, cause S, M. Calkins, its attorS ney, to be associated in the aefense of said action; but if said City of Eugene elects not to cause its said attorney to be associated in said defense~ such electio shall not. be deemed to be an admission that said policy dows not require said Comp- any to defend said ~ction and pay any resulting judgment, and such election whall not be deemed to be a waiver by said. City of its right to assert any right or claim which it otherwise might be entitled to assert. lN WITNESS WHEREOF the parties hereto have subscribed these presents this 5th day of June, 1939. CITY OF EUGENE -BY /s/ S. M. Calkins - City Attorney GENERAL CASUALTY CO. OF AMERICA By /s/ L. T. Harris I A waiver signed by James C. and Charlotte Peebles for repairs on the 41 removal of scales on Park Street was presented and accepted by the Council. WAIVER WHEREAS~ heretofore the Common Council of the City of Eugene, upon application of the owners of the following described property, to-wit~ Beginning at the Southwest corner of Lot 7, in Block? of that part of the City df Eugene, Lane County, Oregon which was originally I ~