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Title:
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Ordinance authorizing settlement of the lawsuit filed by Michael Rivas, German Rivas, Lilian Rivas, Heba Williams, Paul Williams, Eul Hyun Youn, Jeremy Jacquot, Stanley Chow, and Herold Hong against the City and County of San Francisco for $650,000; the lawsuit was filed on July 28, 2023, in San Francisco Superior Court, Case No. CGC-23-607963; entitled Michael Rivas, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged property damage to four homes (located at 770, 780, 790, and 800 Le Conte Avenue in San Francisco) from flooding on December 31, 2022; other material terms of the settlement are 1) Plaintiffs agree that the v-ditch and related drainage facilities at issue in the lawsuit are not a public project, public work, or public improvement; 2) Plaintiffs agree that they are obligated to keep the portions of the v-ditch and related drainage facilities located on their respective properties free of debris and obstruction, and the City agrees that it is obligated to keep the portion of the v-ditch located on City property free of debris and obstruction; 3) Plaintiffs agree to sign and notarize a declaration containing the agreements described in Items 1) and 2), which will be in the form of a Declaration of Restrictive Covenants and recorded against title to their properties and will run with the land.
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