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Home My WebLink AboutMINUTES - 01252000 - C7 TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: J. MICHAEL WALFORD, CHIEF ENGINEER DATE: January 25, 2000 SUBJECT: San Ramon Creek Improvement Project® Phase II. Alamo Area. Project No.: 7520-688562 Task: ACQ Account: 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE Full and Final Settlement and Release Agreement with Frank R. and Joan C. Billeci and AUTHORIZE Board Chair to execute said Agreement on behalf of the District. APPROVE payment pursuant to said Agreement and AUTHORIZE the Auditor/Controller to issue a check for $3,500 payable to Frank R. Billeci and Joan C. Billeci, 1430 Livorna Way, Alamo, CA 94507, to be forwarded to the Real Property Division for delivery. 11. Financiallmpact: Payment totaling $3,500 from Flood Control Zone 313 funds. Continued on Attachment: x SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ONJanuary 25, 2000 APPROVED AS RECOMMENDED®OTHER_ VOTE OF SUPERVISORS Nene X UNANIMOUS(ABSENT ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct NW:eh copy of an action taken and entered on the G:\GrpData\RealProp\2000-Filss\BOs&RES\BOcBelleci.doc minutes of the Board of Supervisors on the Orig. Div: Public Works(R/P) date shown. Contact: Nancy Wenninger(313-2227) ATTESTED: JANUARY 25, 2000 ,' cc: County Administrator PHIL BATCHELOR,Clerk of the Board of Auditor-Controller(via R/P) Supervisors and County Administrator P.W.Accounting Recorder(via R/P) By C_... Deputy �GA 12112111999 11:45 7074331799 CA RASMUSSEN PACE 03 DEC-15-99 4ED 11:58 AM HARRIS I ASSOCIATES FAX NO, 925 827 4982 Y. (1e 12/13AN 110N L4.45 FAX 985 313 2333 CCC PUBLIC wows Woax FULL AND FINAL SMLENMNT AGREEMENT AND RELEASE THIS FULL AM FlWI ZET WmENT AeaEmENT AND RELMSE{"R an)is made and e itered Into as of this day of r r 2000.by and bek~the CONTRA COSI A COUNTY FLOOD CCI`fI'RtOL. AND WATER CONSERVATION DISTRICT, a poildcal Gubdh Ision ofd Stant of California(the"District"),and FRANK ft,13ILLECI end-,lvAN C.BILLECI, (the" Hers*). ,1 T A L 5• A, Curing the sumrrw of 1999,the District,throw Its contractor C.A Rasmussen(the . OContr actor'), constructed certain flood control facilities as part of the Sen Romon Creek Im ernent Prgect in the Alamo area(the"Project"), 4. Frank R.and Joan C. BiAeci own real property located at 149+0 Uvome Way,ad`Iaaent too the above-referenced construction project. They tamers claim that vIbrations caused by oes equipment working within the construction area damaged their swimming pool and that the to 1 cost to repair the domage Is$6,000. C. The parties desire,by this Release,to fully and finally nealve all 41sputes related to the P ject including, but,not limited for ,any and all damage to the swimming pool and other iffiprov nnents and the payment of compensation in connection herewlth. A 0 Ft..E jjgg N r. NOW THEREFORE. in consideration of the agreements herein contained and for other ood and valuable consideration the receipt and adequacy of which are hereby o "ed,the parties hereby agree as follows; Page 1 of 4 DEC-21--1999 11.55 7074331799 9 P.03 4761 12/21/1999 11:45 7074331799 CA RASMUSSEN PAGE 04 � �7 DEC-15-99 4ED 11.58 AM HARRIS & ASSOCIATES FAX NO. 925 827 498? r, US 12!14%�09 KON 114:49 FAX 925 313 2333 CCC PUBLIC WORKS %00$ 9. In consideration of the releases and agreements contained herein,District agrees to pay tc the Owners Compensation In the arnount of$3,500. Owner Intends to coiled the balance of the cost($2,5190)from the Contractor, however,Ownees failure to collect the balance from the Canty ictor shall not invalidate this full aO Final Settlement and Release. 2. In consideration of payment by the District of $3,500, the Owners, on behalf of thorns elves, their successors and assigns (hereinafter collectively referred to as "Releasors`), hereb fully,uncondiilonally and irrevocably release,acquit and disdu rge the Cody Costa county Mod Control and Water Conservation District and the board of supervlsm, as the governing Board of the district, departments,agencies, officers,agents, servants, employees, contractors, succe sons and assigns (hereinafter collectively referred to as"Releasees")from any and every claim, demand, obligation, liability, indebtedness, breach of duty or any r+elerfkmship,aft,omission, defori e, action, cause of action, debt, sum of money, account, compensation, contract, contro marsy, promise, injury, damage, cost, lass and oxpense of every type, kind, natum, descrij titan or character, ,and irrespectivo of how, why, or by reason of what facts, whather hereto are or now existing or hereafter eflsing,or which could, might,or my be claimed to exist, whethar known or unknown, suspected or unsuspected, liquidated or unliquidated, claimed or unclair ied.whether based on contract,tort, breach of duty, statute or other legal or equitable or stat-ft theory of recovery,each as though fully set north herein at length (all of the foregoing are herein-.kfter collectively referred to as"Claims'), which in any way arise out of,are connected with or rela a to the Proiect. This release is not Intended to relieve Contractor for unprotessiowl work nship or from his agreement to pay the owners the sum of S206ilb. 3. Releasors hereby further agree as follows: a_ That liability for all such Claim is expressly disputed,and neither this Release nor th i settlement evidenced hereby shall ever be treated as an admission of liability or Page 2 of 4 DEC-21-1995 11:55 7074331799 96/ P.04 � 12121/1999 11:45 7074331799 CA RASMUSSEN PANE 05 DEC-15-89 WED 11:59 Alt HAIR I S & ASSOCIATES FAX NO. 925 827 4882 F. 134 .121A3A9 VON 14x47 FAX 925 319 2333 CCC PUBLIC WORKS Qh004l c �� mpo isibillty by Releasees or any of them at any time or for any purpose,and Raleasees hereby expre isly deny any liability or responsibility for any such Claims. b. That Releasors, and each of there, have been Cully advised by independent legal unsel 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 dined in this Release have isen made by Releasors.or any of them other than what is expressly contained in this kelea e. This Release c onstitut+ss the fail agreement of the parties with respe d to the subject mattei hereof. 4. Walyer of Un, cre w„ elms. The Owners expra sly waive the provisions and benefl s of Section 1542 of the Californias Clvl1 Code,which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially aftcted his settlement with the debtor. 6, Each person who,signs this Release ase represesrds and warrants that such person has their rec ulsite poorer and authority to bind the party on whose behalf he is signing to the terms of this Revile e. 6. This Release may be pleaded as a full and complete defense to or be used as the basis r an injunction against any action, .suit, or other proceeding tot may be Instituted, prosec ited. or attempted in breach of this Release. 7. agi ftilgol. This Release shall be binding upon and inure to the beneft of*act of the parties hereto and their respective succcessom, assigns and related agencies and erditlei Page 3 of 4 DEC-21-1999 11:56 7074331799 96% P.05 �� 12/2IJ1999 11:45 7074331799 CA RASMUSSEN IMAGE 96 ;�bEC-16--99 D 12:00 PM HARRIS & ASSOCIATES FAX NO. 925 827 4982 P. OE J� - (' ,12.rj3/99 MON L4.47 FAX 925 311 2333 CCC PUBLIC WORKS (tA0p5 8. California This Release small be governed by and torted in accoNance with the lei ts of the $tate of Gallfornla. The venue for any legal action pettairJ%to this Release shall be Co itra Costs County, California. 9. ErAre 6qrmMnt This Release contains the entire agreement betwem the parties hereto with respect to the subject matter of this Relaase except as set forth heroin. It is expressly un0er.tood by each of the patties that this Release may not be ,altered,amended, modified or otherw se changed In any respect whatsoever,except by a writing execuW by aA.parUes hereto, IN WITNESS WHEREOF, the partles hereto have executed and delivered this Releas 5 as of the date first above written. GONTPrA COSTA COUNTY FLOOD OWNERS CC3N'1' OL AND WATER CANS RV ON Di Y 8y: icy; .Z hair. Board 09upefvisors Frank R. Billed ATTES Phil B welor Y. 0,�" ifal, A Clark ol the Board of Supervisors Joan C. Bigeci and Cot my Administrator By: Qgy�4V Approvc d as to farm: Utctor J, Wastman County ounsel 8y.__�ilD Putt+ GAGrp0eft ReWPrW1Q99-F11w%9-12\01Ncc1Zdac baeember, 3,1999 Page 4 of 4 DEC-21-1999 11:56 7074331799 96% P.06 �(�