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Home My WebLink AboutMINUTES - 10151996 - C2 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: OCTOBER 15, 1996 SUBJECT: APPIAN WAY TRIANGLE PROJECT - EL SOBRANTE AREA Project No.: 0662-6R4056 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. APPROVE Full and Final Settlement and Release Agreement with Paul M. Ogle and AUTHO- RIZE Board Chair to execute said Agreement on behalf of the County. B. 'APPROVE payment pursuant to said Agreement and AUTHORIZE the Auditor-Controller to issue a check for $3,400 payable to Paul M. Ogle, 3322 Momingside Drive, Richmond, CA., 94803, to be forwarded to the Real Property Division for delivery. II. Financial Impact: Payment totaling $3,400 from Richmond/EI 1GSob,/rrante Area of Benefit funds. Continued on Attachment: X SIGNATURE: �1Zsyt= ;i _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON October 15, 1996APPROVED AS RECOMMENDED Y OTHER VOTE OF SUPERVISORS X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: NW:9PP I Iiw�ep�el.t sd.��ew uid eawat g:lrealprop\temp16015.t10 On SOW taken and antand on tba R 'y Odg. Div: Public Works(R/P) Doin0 of superviami°"r fa 6 Contact: N.Wenninger(313-2227) OctobePHIL BATCHELOR,Clark or the board cc: County Administrator or supsrvW n and county Adminlatrator Auditor-Controller(via R/P) Recorder(via R/P) Ar Appian Way Triangle Project October 15, 1996 Page Two III. Reasons for Recommendations and Background: By judgment dated April 29, 1995, Contra Costa County acquired from Mr. Ogle certain real property necessary for the construction of the Appian Way Triangle project. After completion of the project, the County determined the need to construct two retaining walls on a portion of Mr. Ogle's remaining property in order to mitigate erosion problems. In addition to the construction of the walls, the County will compensate Mr. Ogle for the loss of tenant parking which occurred as a result of the project. In consideration for these items, Mr. Ogle agrees to waive all further claims against the County. IV. Consequences of Negative Action: The County will be subject to additional claims of liability and damage as well as legal costs. C• FULL AND FINAL SETTLEMENT AGREEMENT AND RELEASE < THIS FULL AND FINAL SETTLEMENT AGREEMENT AND RELEASE ('Release") is made and entered into as of this day of , 1996, by and between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (the "County"), and PAUL M. OGLE, AS TRUSTEE OF THE PAUL M. OGLE FAMILY TRUST DATED JANUARY 14, 1989 ("Mr. Ogle"). RECITALS: A. By judgment dated April 29, 1995 in Contra Costa County Superior Court Case No. 02179 (Contra Costa County v. Paul M. Ogle, as Trustee of the Paul M. Ogle Family Trust, et al.), the County acquired certain real property rights from Mr. Ogle related to the Appian Way Triangle Project (hereinafter the "Project"). B. Subsequent to the entry of that judgment, the County has determined the need to construct two retaining walls on a portion of the property acquired in the foregoing eminent domain action. C. The parties desire, by this Release, to fully and finally resolve all disputes related to the Project including, but not limited to, the completion of the construction of the retaining walls and all related improvements and the payment of compensation in connection herewith. Page 1 of 4 AGREEMENT: NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable. consideration the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. In consideration of the releases and agreements contained herein, County agrees to regrade a portion of Mr. Ogle's property and construct and backfill two retaining walls, one along the property's frontage and one on the upslope side of the driveway, in an effort to mitigate erosion which is occurring on said property. Upon completion of said construction, the improvements shall be considered to be the sole property of Mr. Ogle and their maintenance and repair shall be his sole responsibility. This release is contingent upon the construction of the aforementioned improvements in accordance with the County's plans. 1 2. Also, in consideration of the releases and agreements contained herein, County agrees to pay Mr. Ogle the sum of$3,400 as compensation for the loss of tenant parking which occurred as a result of the County's construction of his new driveway as part of the Project. The County also agrees to erect reflective delineators along the downslope edge of the driveway. 3. In further consideration of the completion of construction of the foregoing improvements and payment of the foregoing sum, Mr. Ogle, his successors and assigns (hereinafter collectively referred to as "Releasors"), hereby fully, unconditionally and irrevocably release, acquit and discharge the County of Contra Costa and its board of supervisors, departments, agencies, officers, agents, servants, employees, contractors, successors and assigns (hereinafter collectively referred to as "Releasees") from any and every claim, demand, obligation, liability, indebtedness, breach of duty or any relationship, act, omission, defense, action, cause of action, debt, sum of money, account, compensation, contract, controversy, 1 These. plans are contai.ned in File No. E1371A-96, dated 9/12/96. Page 2 of 4 promise, injury, damage, cost, loss and expense of every type, kind, nature, description or character, and irrespective of how, why, or by reason of what facts, whether heretofore or now existing or hereafter arising, or which could, might, or may be claimed to exist, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, claimed or unclaimed, whether based on contract, tort, breach of duty, statute or other legal or equitable or statutory theory of recovery, each as though fully set forth herein at length (all of the foregoing are hereinafter collectively referred to as "Claims"), which in any way arise out of, are connected with or relate to the Project. This release is not intended to relieve the County's contractor for unprofessional workmanship. 4. Releasors hereby further agree as follows: a. That liability for all such Claims is expressly disputed, and neither this Release nor the settlement evidenced hereby shall ever be treated as an admission of liability or responsibility by Releasees or any of them at any time or for any purpose, and Releasees hereby expressly deny any liability or responsibility for any such Claims. b. That Releasors, and each of them, have been fully advised by independent legal counsel of their own choosing as to these presents and as to the meaning and legal consequences of each provision of this Release. C. That no additional promises or representations not contained in this Release have been made by Releasors or any of them other than what is expressly contained in this Release. This Release constitutes the full agreement of the parties with respect to the subject matter hereof. Page 3 of 4 .fit • i ... C �/ 5. Each person who signs this Release represents and warrants that such person has the requisite power and authority to bind the party on whose behalf he is signing to the terms of this Release. 6. This Release may be pleaded as a full and complete defense to or be used as the basis for an injunction against any action, suit, or other proceeding that may be instituted, prosecuted, or attempted in breach of this Release. 7. This Release is not intended and shall not alter or amend the terms of the judgment dated April 29, 1995, in.Contra Costa County Superior Court Case No. 62179, Contra Costa County v. Paul M. Ogle, as Trustee of the Paul M. Ogle Family Trust, et al. IN WITNESS WHEREOF, the parties hereto have executed and delivered this Release as of the date first above written. CONTRA COSTA OUN TRUSTEE OF THE PAUL M. OGLE FAMILY TRUST, ET AL By: By: h4frjd of Supervisors Paul M. Ogle ATTEST: October 15, 1996 Phil Batchelor Clerk of the Board of Supen.Asors and County Administrator By: �,JA_ Z Depu6y Clerk Approved as to form: Victor J. Westman County C sel By: Deputy NW:glo gArea1prop\temp\og1e.t9 September 10, 1996 Page 4 of 4