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HomeMy WebLinkAboutMINUTES - 01151985 - X.17 1 BOARD OF SUPERVISORS Contra FROM: Victor J. Westman, County Counsel '`ra Costa DATE: January 15, 1985 County SUBJECT: Settlement of County of Contra Costa v. Montooth and Weiss (Santa Clara County Superior Court No. 528872) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: It is recommended that the Board of Supervisors: (a) Approve the settlement of the above-entitled action, involving the recovery of damage to County property, for $3 ,400. 00 and (b) authorize its Chair to sign the Release, a copy of which is attached hereto marked Exhibit "A" . Reasons for the Recommendation The County filed suit in this matter on August 3 , 1983 to recover the cost of cleaning up a chemical spill of poly- chlorinated biphenyls (PCBs) on Stone Road in the Bethel Island area. Defendants Montooth -are the owners of the property where the PCBs were stored. The Montooths purchased the property from Defendants Weiss shortly before the spill occurred. The amount prayed for in our suit was $4 ,717. 23 . This consisted of a claim of the Bethel Island Municipal Improve- ment District of $425. 87 and our claim for $41291. 36 . Our action was consolidated with the Montooth suit against Mr. & Mrs. Weiss and others in Santa Clara County Superior Court. The proposed compromise for our claims is part of a settlement of the entire consolidated action. Under the settlement, the County will receive $3,400 and Bethel Island $200. Since the County' s costs to litigate this matter would probably exceed $1, 000. 00, we recommend the settlement. The Public Works Department concurs in our recommendation. Attorneys for Bethel Island have already indicated that the District is willing to accept $200 for its claim. PJL/jh CONTINUED ON ATTACHMENT: YES SIGNATURE: , RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF D COMMITTEE APPROVE OTHER SIGNATURE(S) ACTION OF BOARD ON Z `✓ 5 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. CC: Public Works ATTESTED County Counsel -i1 Batchelor County Auditor-Controller Clerk of the Board of Supervisors & County Administrator M382/7-e9 BY Qy � �� DEPUTY RELEASE In consideration for the payment of three thousand six hundred dollars ($3 , 600. 00 ) to the undersigned County of Contra Costa and Bethel Island Municipal Improvement District , the County of Contra Costa and the Bethel Island Municipal Improvement District do hereby release and forever discharge Tony Montooth , Aloha C. Montooth , Leroy Edwin Weiss, Vivian Helen Weiss , Chemical Waste Management , Inc . , Federal Pacific Electric Company, Reliance Electric Company, their agents, employees and attorneys , and all others , of and from all claims , demands, actions and causes of action , ( including claims arising out of contract) , arising out of or in any way connected with the spill of polychlorinated biphenyls (PCBs) on or near Stone road on Bethel Island in the County of Contra Costa , state of California on or about August 29 , 1982 , and the clean-up and disposal thereof , in which which work , labor and material were supplied by, and other loss and damage were sustained by the County of Contra Costa and the Bethel Island Municipal Improvement District . This is a full and final release of any and all claims arising out of said occurrence and the undersigned agrees as further consideration and inducement for this compromise settlement that it shall apply to all unknown and unanticipated damages or injuries resulting from said occurrences as well as those that are now disclosed . Section 1542 of the Civil Code of the State of California provides : "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release , which if known by him must have materially effected his settlement with the debtor. " The undersigned expressly waives and relinquishes the rights created under_ said California Civil Code Section 1542 . This release is freely and voluntarily entered into, and the undersigned hereby authorizes their_ attorney of record to enter a dismissal with prejudice of any and all actions at law brought by the undersigned in any court and arising out of the above occurrence , including action No. 528872 now pending in the Superior Court of the State of California , in and for the County of Santa Clara . The releasees , or anyone acting on their behalf , are directed to pay the consideration herein by draft or check payable to the order of the undersigned and to the order of said attorney of record and are further directed to deliver any such draft to said attorney. It is understood and agreed that this is a compromise §t€t16ment of a disputed claim and that the payment of the 68hb ideration for this release shall not be deemed or construed as an admission of any liability to the undersigned by the releasees . The undersigned further warrant that no part of the claim which provides a basis for this; action has been assigned to any person or entity. In WITNESS WHEREOF , the undersiyneci do hereby execute this release the day of 1985. County of Contra Costa By Title Bethel Island Municipal Improvement District By Ti tIe State of California County of Contra Costa On this day of in the year 1985 , before me a Notary Public , State of California , duly commissioned and sworn, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the of the County of Contra Costa , one of the entities which executed the within instrument , and also known to me to be the person who executed the within instrument on behalf of the said County of Contra Costa , and acknowledged to me that the County of Contra Costa executed the same . In Witness Whereof I have hereunto set my hand and affixed my official seal in the City of , County of Contra Costa on the date set forth above in this certificate . Notary Public , State of California My commission expires State of California County of Contra Costa bii �hl' s day of _ in the year 1985 , before int , a Notary Public , State of California , duly �l I nV : me a Notary Public , State of California , duly commissioned and sworn , personally appeared personally known to me ( or proved to me on the basis of satisfactory evidence to be the of the Bethel Island Municipal Improvement District , one of the entities which executed the within instrument , and also known to me to be the person who executed the within instrument on behalf of the said Bethel Island Muni.ci.pal. Improvement District , and acknowledged to me that the Bethel Island Municipal Improvement District executed the same . In Witness Whereof I have hereunto set my hand and affixed my official seal in the City of _ , County of Contra Costa on the date set forth above in this certificate . Notary Public , State of California My commission expires lo The foregoing release was executed . under the direction and advice of Attorney for parties executing this release .