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Home My WebLink AboutMINUTES - 09171996 - C73 G. 73 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 17, 1996, by the following vote: AYES: SUPERVISORS ROGERS, BISHOP, DE SAULNIER, TORLAKSON AND SMITH NOES: NONE ABSENT: NONE ABSTAIN: NONE ti SUBJECT: Approve Tolling Agreement with Specified Seabreeze Homeowners IT IS BY THE BOARD ORDERED: That the proposed agreement tolling the claims of the specified Seabreeze Homeowners against the County, the County Wide Landscape District and County Wide Landscape District Zone 22 concerning property damage as a result of soil erosion and land movement on or about February 26, 1996, is approved and execution by the County Administrator's designee is ratified. ==and certify that this is a true and correct copy of an actwn taken and entered on the minutes of the Board of Sups Isop tme be he17,e shown. ATTEST P L CHELOR,Clerk of t and isors and my mini rat Orig. Dept: County Counsel CC: County Counsel Risk Management copy Tolling Agreement 1. This agreement among the undersigned Homeowners of property on Beaulieu Drive ("Homeowners") and Contra Costa County ("County") on behalf of itself and the Contra Costa County Wide Landscape District and Contra Costa County Wide Landscape District, Zone 22 entered August 31, 1996 extends the time in which Homeowners may present a claim to County related to injury to personal or real property. 2. BACKGROUND: Claimants allege that on or about February 26, 1996 soil movement and erosion in the Seabreeze Subdivision in Bay Point, Contra Costa County, California occurred damaging numerous homes of the undersigned Homeowners on Beaulieu Drive, Beaulieu Court and Beaulieu Court, Bay Point, California. Pursuant to Government Code §911.2, all claims for injury to personal property must be filed within six months. After meetings with the affected homeowners, County began investigations and repairs. It is not expected that such repairs will be completed until approximately one year from this date. Homeowners presented claims to County, Contra Costa County Wide Landscape District and Contra Costa County Wide Landscape District, Zone 22 on July 23, 1996 which were deemed insufficient under the Tort Claims Act. Homeowners have now submitted amended claims which are hereby deemed sufficient. In an effort to avoid forcing Homeowners to file a lawsuit to protect themselves, in the event that the repairs by County do not satisfy Homeowners, Homeowners and County enter this tolling agreement to extend the time in which Homeowners can present their claim for Board .of Supervisors' action, and accordingly all said claims shall be held by County but not presented to the Board of Supervisors for action at this time. 3. County agrees to: a) Extend the time in which Homeowners may present a claim for damages under the Tort Claims Act to one year from the date this agreement is authorized by the Contra Costa County Board of Supervisors. A copy of the Order of the Board approving this Agreement shall be attached to this Agreement and incorporated herein by reference. b) To provide written notice to each of the Homeowners 60 days prior to the expiration of the tolling period. c) To consider the extension of this agreement, if repairs have not been completed by the expiration of this agreement. d) To deem the claims forms timely if presented in accord with paragraph 4 of this agreement. 1 C(DPY 4. Homeowners agree to: a) Any attempt to present their claims if County does not sufficiently repair Homeowners' subject property, will be made within 180 days of the expiration of this tolling agreement, including any extension to it. b) In order to initiate the presentation of Homeowners' claims to the Board of Supervisors, Homeowners or their legal representative must notify County Counsel in writing at the address listed below, of Homeowners' intention to present the claim previously lodged with County, Contra Costa County Wide Landscape District, and Contra Costa County Wide Landscape District 22. c) Notify County Counsel in writing of any change of their address during the term of this agreement. 5. It is understood and agreed that this Agreement is not intended to, and shall not limit homeowners right to file any other claims unrelated to the subject of this agreement or to file new claims that may arise after the date of this agreement. 6. This Agreement shall run with the land, successors, assigns and future owners of the properties listed below are intended beneficiaries of this Agreement, and are entitled to all the rights and benefits of this Agreement without exception,, and said rights and benefits shall automatically pass to successors, assigns and future owners of the properties listed below. 7. This Agreement may be executed in counterparts and so executed shall constitute an Agreement which shall be binding upon all parties hereto, notwithstanding that the signature of all parties or their designated representatives do not appear on the same page. 8. All correspondence addressed to COUNTY under this Agreement should be sent to: Office of County Counsel, 651 Pine Street 9th Floor, Martinez, California 94553. Notwithstanding any of the foregoing, the homeowners may initiate presentation of claims to Board of Supervisors by notifying County Counsel in writing at any time. CONTRA COSTA COUNTY By: 7>1nyN (Print Name) L,TA 9S1T7y CL�42/y15 n'1A�I�6ir{2 2 ® C .73 Title: 1275 Beaulieu Dr. Kenneth L. Barat, Homeowner Patricia arat, Homeowner X127 Dr. Stephan Chase, Homeowner L Scott L. Massoni, Homeowner 1280 Beaulieu Dr, Darin anks, H meowner • a C. Dense omeowner 1287 Beaulieu Dr. '14,I'lemn, 115&�- Anthony J. ez, Hom ner 3 13 C (OPY AlenaRamirez, Homeowner 1291 Beaulieu Dr. Alton R. Tomlinson, Homeowner Connie R. Tomlinson,.Homeowner 59 Be ulie Place_ •!1 Daniel E. Ry n, Hom,' er 'CyOia K. Ryan, owner 467 Beaulieu Court LL fiKMael K. Floyd, Homeowner •fir��, ��: ��ilt____��" Dean H. Carrico, Homeowner 477 Beaulieu Court Judson Carlos Lively,Ttoibeowner 4 i r . f Karen Lynn L vely, H meo er 55 Beau ieu Place J Amy Lam, Homeowner 474 Beaulieu Court Mary J filen, omeowner li Place ul G. M IvIagwili, Homeowner Men G. M gwili, Ho owner 1 An h ny GVM4bwili, Homeowner H:IGROUPSITORT\RISK-MOT1CLAJMS 1TOLLAGMT.WPD 5 TOTAL P.006