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Home My WebLink AboutMINUTES - 02261991 - 1.3 (2) ,p /. 30 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 26, 1991 by the following vote: AYES: Supervisors Fanden, Schroder, McPeak, Torlakson, Powers NOES: None ABSENT: None ABSTAIN: None SUBJECT: Litigation Settlement -- Pinole Point Properties, Inc. v. County of Contra Costa, Superior Court No. 291512 John G. Sprankling, of Miller, Starr & Regalia, defense legal counsel for the County, having recommended that the Board of Supervisors approve the attached settlement agreement; NOW, THEREFORE, IT IS BY THE BOARD ORDERED THAT: 1. The attached Settlement Agreement and Release is approved. 2 . The Board Chair is authorized to sign the agreement on behalf of the County. 3 . The Auditor-Controller is directed to issue a County warrant in the amount specified in paragraph 1 of the agreement. 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 purge� te shown. ATTESTED: 1r'tt b 99 _ PHIL BATCHELOR,Clerk of the Board (off�Supervisors and County Administrator Deputy I f I Orig. Dept: County Counsel cc: Auditor-Controller County Administrator (Justice Systems Programs) MMer .Starr & Regalia Point Pinole Properties , Inc , via County Counsel (SBM, 2-22-91) SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (hereafter "Agreement") is entered into by and between Pinole Point Properties, Inc. ("Pinole Point") , on the one hand, and the County of Contra Costa ("County") on the other hand. RECITALS A. On September 25, 1986, Pinole Point initiated Contra Costa County Superior Court Action No. 291512, entitled "Pinole Point Properties, Inc. , a California corporation, Petitioner and Plaintiff v. The Board of Supervisors of Contra Costa County, Respondent and Defendant, " the ("Lawsuit") . B. The trial court entered judgment in favor of the Board of Supervisors of the County of Contra Costa on July 15, 1987 . Thereafter, Pinole Point appealed. The Court of Appeal reversed the trial court's decision, and directed the trial court to issue a writ of mandate in the Lawsuit. The writ of mandate was issued on April 6, 1990. C. In August, 1990, Pinole Point filed a motion in the i Lawsuit seeking to recover from the Board of Supervisors of Contra Costa County its attorneys' fees and costs in the Lawsuit at the trial level and on appeal in the amount of "approximately $134 , 000" plus fees and costs incurred in bringing that motion. D. On December 11, 1990, the trial court issued its Notice of Decision, indicating that it was prepared to partially grant Pinole Point's motion and award to it the sum of i -1- ldp $75, 584. 07 . On January 18, 1991, the trial court issued its order awarding Pinole Point $75, 584 .07 pursuant to the motion. I E. Following settlement negotiations, on January 15, 1991, through counsel, Pinole Point and the County entered into I an oral settlement agreement by which it was agreed that the i County would pay the total sum of $65, 000 to Pinole Point on I account of Pinole Point's claim for attorneys ' fees and costs, and would receive a release from Pinole Point. NOW, THEREFORE, IT IS AGREED among the parties hereto as follows: I 1. The County will pay to Pinole Point the total sum of $65, 000 at the time and in the manner specified in Paragraph 3 below. This payment shall be made in the form of a check made I payable to "Pinole Point, Inc. , and Nossaman, Guthner, Knox & Elliott, its attorneys. " 2 . Payment of the sum set forth in Paragraph 1 above to Pinole Point shall be deemed to be a full and complete satisfaction of the requirements of the Court's January 18, 1991 Order. Accordingly, Point Pinole shall provide to the County an executed Acknowledgement of Satisfaction of Judgment in the form attached hereto as Exhibit "A" at the time and in the manner set forth in Paragraph 3 below. 3 . On or before February 21, 1991, Pinole Point shall deliver to counsel for the County a counterpart copy of this Agreement duly executed by Pinole Point and its counsel for transmission to the County. This Agreement shall be effective -2- only if and when it is executed on behalf of the County, which must occur on or before February 28, 1991. On March 1, 1991, counsel for Pinole Point and counsel for the County shall meet at 10: 00 a.m. in the law offices of Miller, Starr & Regalia, One Kaiser Plaza, Suite 1600, Oakland, California for the purpose of consummating this Agreement. At that meeting, counsel for the County shall provide to counsel for Pinole Point the payment check pursuant to Paragraph 1 above. At the same meeting and concurrently, counsel for Pinole Point shall provide to counsel for the County the executed Satisfaction of Judgment referred to in Paragraph 2 above. 4. Pinole Point hereby forever releases and discharges the County, the Board of Supervisors of the County, the members of the Board of Supervisors of the County, and each and every other employee; agent or representative of any of them, and all persons acting by, through, under or in concert with them, or any of them, from any lawsuit, claim or action: (a) for attorneys ' fees or costs in connection with the Lawsuit, whether incurred at the trial level or on appeal; or (b) based on, arising out of, the Court' s January 18, 1991 Order in the Lawsuit. 5. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall together constitute one and the same Agreement. This Agreement represents and contains the entire agreement and understanding among the parties with respect to the subject matter of this Agreement and supersedes any and all prior -3- and oral written agreements and understandings. No representation, warranty, condition, understanding or agreement of any kind with respect to the subject matter of this Agreement shall be relied upon by any party unless incorporated herein. Each party executes this Agreement and warrants and represents to each other party that he or she has the authority to do so, and agrees to indemnify and hold harmless each other party from any claim that such authority did not exist. Dated: PINOLE POINT PROPERTIES, INC. By: l�.F.we�w Its: V1Cf pleEs�o6�. APPROVED AS TO FORM: Dated: 2-120 P/ NOSSAMAN, GUTHNER, KNOX & ELLIOTT, Counsel for Pinole Properties, Inc. By: FE B Stephen,N_,Rober.is Dated: T E COUNT //O'F CONTRA COSTA By: Its: ai.r, oar o upervisors APPROVED AS TO FORM: Dated: /��I ! MILLER, STARR & REGALIA, Counsel for the Board of Supervisors of the County of. Contra Costa By: JJA o G. Spran ling CCBS26019 A:SAR -4- ATTORNEY OR PARTY WITHOUT ATTORNEY(Name and Address): TELEPHONE NO.: FOR RECORDER'S OR SECRETARY OF STATE'S USE ONLY 'JOHN G. SPRANKLING (415) 465-3800 MILLER, STARR & REGALIA One Kaiser Plaza, Suite 1600 Oakland, CA 94612 ATTORNEY FOR(Name):The Board of Supervisors NAME OF COURT: Superior Court of Contra Costa County STREET ADDRESS: 725 Court Street MAILING ADDRESS: CITY AND ZIP CODE: Martinez, CA 94553 BRANCH NAME: PLAINTIFF: Pinole Point Properties, Inc. DEFENDANT: The Board of Supervisors of Contra Costa ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT CASE NUMBER OX FULL 0 PARTIAL 0 MATURED INSTALLMENT 291512 1. Satisfaction of the judgment is acknowledged as follows(see footnote*before FORCOURT USEONLY completingj. a. rX Full satisfaction (1)0 Judgment is satisfied in full. (2) The judgment creditor has accepted payment or perfor- mance other than that specified in the judgment in full satisfaction of the judgment. b. 0 Partial satisfaction. The amount received in partial satisfaction of the judgment is c. 0 Matured installment All matured installments under the installment judgment have been satisfied as of(date}. 2. Full name and address of judgment creditor: Pinole Point Properties Inc. c/Q Stephen N. 3Roberts, Nossaman, et a1. 50 Callifornia St. , 3. name Fl. San of assignee o{Sreco(d, 'F'ny:94111-4712 None 4. Full name and address of judgment debtor being fully or partially released: The BoaVd of $u ervisors of Contr4 Costa Cognty c/o John �. Sgprankdling Miller, Starr & Regalia, One Kaiser Plaza, Suite 1600, 5. . Judgmentdntere�on dafe2fJanuary 18, 1991 Order on Motion for Attorneys Fees 0(1)in judgment book volume no.: (2)page n0.: i;. 1`1 Renewal entered on(date}. 0(1)in judgment book volume no.: (2)page no.: 6. 0 An 0 abstract of judgment 0 certified copy of the judgment has been recorded as follows (complete all information for each county where recorded}. COUNTY DATE OF RECORDING BOOK NUMBER PAGE NUMBER 7. 0 A notice of judgment lien has been filed in the office of the Secretary of State as file number (specify}. NOTICE TO JUDGMENT DEBTOR: If this is an acknowledgment of full satisfaction of judgment, it will have to be recorded in each county shown in item 6 above, if any, in order to release the judgment lien, and will have to be filed in the office of the Secretary of State to terminate any judgment lien on personal property. , Date: (SIGNATURE OF JUDGMENT CREDITOR OR ASSIGNEE OF CREDITOR OR ATTORNEY) -The names of the judgment creditor and judgment debtor must be staled as shown in any Abstract of Judgment which was recorded and is being released by this satisfaction.A separate notary acknowledgment must be attached for each signature. Form Approved by the Judicial EJ-100 [Rev.Ju, I 19t73j(Cor.7/84) ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT ouncilof California CCP 724.060,7224. 120 , July 1 BANCROFT-WHITNEY CO.Laser Edition TM EXHIBIT A