HomeMy WebLinkAboutMINUTES - 01281992 - 1.57 1 . 57
TO: BOARD OF SUPERVISORS Contra
FROM: COUNTY COUNSEL
Costa
County
DATE: JANUARY 28, 1992
SUBJECT: SETTLEMENT OF LITIGATION AGAINST AMWEST SURETY INSURANCE COMPANY
SUBDIVISION MS 110-80, WALNUT CREEK AREA
SPECIFIC REQUEST(II)OR RECOMMENDATIONS)i BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION: AUTHORIZE County Counsel's Office to sign a
Release and Exoneration in favor of Amwest Surety Insurance
Company ("Amwest") and to take all other steps necessary to
settle lawsuit against Amwest.
FINANCIAL IMPACT: None; the money offered by Amwest ($7,900.00)
would cover the estimated cost of completing the road
improvements for Subdivision MS 110-80.
REASONS FOR ACTION/BACKGROUND: On June 11, 1991, the Board
authorized the filing of suit against the subdividers of
Subdivision MS 110-80 (Clifford B. Teller and Peggy Joan Teller)
and their bonding company (Amwest) . The purpose of this lawsuit
was to compel the completion of road improvements for the
subdivision or to recover the cost of such improvements.
On January 9, 1992, suit was filed in the Walnut Creek-
Danville Municipal Court (County of Contra Costa v. Clifford B.
Teller, et al. ; Case No. 070070) . Several days later, the County
Counsel's Office received a settlement offer of $7,900.00 from
Amwest. The amount offered would cover the estimated cost of
completing the road improvements for Subdivision MS 110-80,
including engineering and inspection fees.
The County Counsel's Office has discussed the settlement
offer with the Public Works Department and both departments
recommend that the settlement be accepted.
CONSEOUENCES OF NEGATIVE ACTION: The lawsuit would proceed at
additional expense to the County with the possibility that the
County would end up receiving the same amount or less.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON January 28 , 1992 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X 1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT- AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ASSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
cc: County Counsel ATTESTED January 28, 1992
Public Works-Engineering PHIL BATCHELOR,CLERK OF THE BOARD OF
Services Division SUPERVISORS D COUNTY ADMINISTRATOR
v
BY A DEPUTY
M382 .(10/88) ,