HomeMy WebLinkAboutMINUTES - 08281990 - 1.27 TO* � BOARD OF SUPERVISORS
FROM: Victor J. Westman; County Counsel Cwtra
Coos a
DATE'. August 21, 1990 CW*
SUBJECT: Approve Settlement Agreement in In Re BCC/Muir Terrace;
BCC/Muir Terrace v. County of Contra Costa; Bkry. Case No.
4-03783-N3, Adv. Pro. No. 90-OIOIAJ
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Approve settlement of the subject bankruptcy case and
authorize County Counsel to sign the settlement agreement.
BACKGROUND•
A suit filed by BCC/Muir Terrace in bankruptcy court claimed
that by filing the petition in bankruptcy, the building
ordinance' s requirement that a building permit becomes void if
construction is abandoned for more than 180 days, is stayed.
The suit involved a 120-unit apartment project known as the
Muir Terrace Project in Pacheco. BCC/Muir TErrace is the
successor to Cal Metcalf, the original permit applicant.
The settlement agreement provides that the County will
reissue the building permits for the project once, on or before
December 31, 1990 . The then owner of the property will pay the
County's Building Inspection Department fees (approximately
$35, 000) .
LTF/jh
J-5:\a:\1tf\memo\bcc.f
e
CONTINUED ON ATTACHMENT. YES SIGNATURE;
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF OARD COMMITTEE
APPROVE OTHER
SIGNATURE IS :
AUG 2 8- 1990 s
ACTION OF BOARD ON APPROVED'In>
A'S RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES; NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: via County Counsel ATTESTED AUG 2 8 1990
PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS ANDCOUNTYADMINISTRATOR
BY ✓ + /yam ,DEPUTY
M382/7-83