HomeMy WebLinkAboutMINUTES - 09291987 - 1.57 To; BOARD OF SUP9RVI5ORS
FROM: Phil Batchelor, County Administrator
Contra
September 29, 1987 Costa
DATE; County
SUBJECT: Patrick O'Brien vs. State of California, County of Contra Costa,
et al. , Superior Court No. 257212
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
That the Board of Supervisors authorize the County Administrator or the
Assistant County Administrator to sign the attached Real Property Purchase
and Indemnity Agreement. and the Settlement Agreement, General Release, and
Agreement to Transfer Property, and pursuant thereto, authorize the County
Administrator or the Assistant County Administrator to execute such deeds,
deeds of trust, or other documents necessary to implement said agreements,
including the signing of release agreements against other parties to the
suit.
REASONS FOR RECOMMENDATION/BACKGROUND:
This Board previously approved and granted authority to settle the lawsuit,
Patrick O'Brien v. State of California, et al. , on September 22, 1987 .
Pursuant to that authority, the within agreements were made and they
conform to said authority requiring that the property be transferred to Ned
Clyde Construction Company who will repair it. See attached Board Order
dated September 22, 1987 .
CONTINUED ON ATTACHMENT: YES SIGNATURE;
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B ARD C MMITTEE
APPROVE OTHER
SIGNATURE S : 1
ACTION OF BOARD ON epten er 29 , 1987 APPROVED AS 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; CAO - Risk Management ATTESTED __September 29 , 1987
County Counsel PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY DE
M382/7-83 � PUTY
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_J. ),
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s
T� BOARD OF SUPERVISORS
FROM: Phil Batchelor, County Administrator Contra
DATE'. September 22, 1987 Costa
County
SUBJECT: Settlement of Litigation - Patrick O'Brien vs.
State of California, County of Contra Costa, et al. -
Superior Court No. 257212 - (GL 83-285)
SPECIFIC REQUEST S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Receive this report concerning subject settlement and payment from the
General Liability Trust Fund.
REASONS FOR RECOMMENDATION/BACKGROUND:
Austin Gibbons, defense counsel for the County, has advised the County
Administrator that within authorization an agreement has been reached
settling the lawsuit of Patrick O'Brien vs. State of California, County of
Contra Costa, et al. , Superior Court No. 257212.
Patrick O'Brien and his attorney have agreed to dismiss the above-mentioned
claim in return for the purchase of the property.
In consideration of the settlement, the Board authorized:
1. Payment of not greater than $140,000 into escrow fund
to purchase property with contribution also from the
State of California on the basis of .60/40, the County
assuming 40 percent. Additional codefendants are
contributing a total of $40, 000 without participation
in the purchase of the property.
2. The property will be purchased by Ned Clyde, a reputable
contractor who will repair the slide damage.
3. Reimbursement from the property sale proceeds will effect
a settlement on a net basis within the settlement authority
extended by the Board.
This action should be taken so that terms of this settlement are known
publicly.
CONTINUED ON ATTACHMENT; _ YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER /
SIGNATURE(S):
p
ACTION OF BOARD ON September 22, 1987 APPROVED AS RECOMMENDED �_ OTHER
t
VOTE OF SUPERVISORS -- - --
1 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: CAO-Risk Management ATTESTED _September 22 . 1987
Auditor-Controller
County Counsel PHIL BATCHELOR. CLERK OF THE BOARD OF
`/Austin Gibbons SUPERVISORS AND COUNTY ADMINISTRATOR
K. C. Farnsworth
M382/7-83 BY .DEPUTY
I s 1 i