HomeMy WebLinkAboutMINUTES - 09242013 - C.04RECOMMENDATION(S):
AUTHORIZE the County Counsel’s Office to initiate litigation to secure funds for completion of improvements for
Subdivision 04-08920 in the El Sobrante area, as recommended by the Public Works Director; and
AUTHORIZE the Public Works Director to arrange for completion of the subdivision improvements and to use the
secured funds for that purpose or to reimburse the cost of completing the subdivision improvements.
FISCAL IMPACT:
Costs will be covered by developer bond proceeds.
BACKGROUND:
On October 2, 2007, the Board approved a Subdivision Agreement with KPR
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/24/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: J. LaRocque (925)
313-2315
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: September 24, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc:
C. 4
To:Board of Supervisors
From:Julia R. Bueren, Public Works Director/Chief Engineer
Date:September 24, 2013
Contra
Costa
County
Subject:Approve Litigation to Secure Funds for Completion of Improvements; Authorize to Arrange for Completion of
Improvements for Subdivision 04-08920
BACKGROUND: (CONT'D)
Balmore Manor, LLC for the installation of improvements for Subdivision 04-08920 in the El Sobrante area. The
subdivider did not complete the subdivision improvements and subsequently lost the subdivision through foreclosure.
Following the foreclosure, the new property owner (1486 Investors, LLC) expressed an interest in completing the
subdivision improvements and offered to cover the cost of the County taking legal action against the original
subdivider and its bonding company (Insurance Company of the West) for the purpose of obtaining funds to complete
the subdivision improvements.
It is anticipated that the new property owner will soon enter into a Subdivision Agreement and a written agreement
with the County to guarantee completion of the subdivision improvements, to provide outside legal counsel to
represent the County in the litigation against the original subdivider and its bonding company, and to cover all costs
of the litigation. In the meantime, it is necessary that a complaint be filed promptly to protect the County’s time to file
suit.
If the litigation is successful, the funds obtained from the original subdivider and its bonding company would made
available for installation of the subdivision improvements or for reimbursing the new property owner for the costs of
installing the subdivision improvements. Whether the litigation is successful or not, the new property owner would
cover all costs of the litigation.
The Public Works Director recommends that the Board authorize: (1) the County Counsel’s Office to initiate
litigation against the original subdivider, its bonding company, and any other responsible parties to secure funds for
completing the subdivision improvements; and (2) the Public Works Director to arrange for completion of the
subdivision improvements and to use the secured funds for that purpose or to reimburse the cost of completing the
subdivision improvements.
CONSEQUENCE OF NEGATIVE ACTION:
The time for filing litigation against the original subdivider and its bonding company would likely expire and the
County would be unable to obtain funds for completing the subdivision improvements.
CHILDREN'S IMPACT STATEMENT:
None.