HomeMy WebLinkAboutMINUTES - 01042005 - C6 TO: HOARD OF SUPER'V'ISORS Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa
DATE: JANUARY 4, 2005 t ~` _' County�jr
fir'4 C$ \✓W�� I� Y
SUBJECT: Settlement Agreement and Release between the Contra Costa County and Ric and S.Narez,
Trustee, in connection with the State Route 4 East,Railroad Avenue to Loveridge Road Project,
Pittsburgarea(District V)Project No.: 4660-6X4287.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director,or designee,to execute,on behalf of Contra Costa County
a Settlement Agreement and Release for final settlement of all claims, actions, causes of action or demands for
compensation, or for any damages that may have resulted from the County's use of the remainder on the Narez
property between December 27, 2003 and July 1, 2004, in the amount of$6,500.00, in connection with the State
Route 4 East,Railroad Avenue to Loveridge Road Project.
FISCAL IMPACT:
Payments under this contract are covered from funding by the Contra Costa Transportation Authority (CCTA).
Costs will be charged directly to the project.
Continued on Attachment:
SIGNATURE:
0RECOMMENDATION OF COUNTY ADMINISTRATOR [I RECOMM N ATIUN OF BOARD COMMITTEE
[9-APPROVE OTHER
SIGNATURES)a�
ACTION OF BOJ Rb ON JANUARY 04, 20105
APPROVED P,S`kECOMMENDED❑ OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action
xx UNANIMOUS(ABSENT IV ) taken and entered on the minutes of the Board of Supervisors on
AYES: NOES: the date shown.
ABSENT:__ ABSTAIN:
CSP;rad ATTESTED: JANUARY Oft, 2045
G:1Crp iv: Public
Works
(R-FileslBOs&Reso�01-04-05 BO Narez 7CE Agrmt.doc JOHN SWEETEN,Clerk of the Board of Su ervisors and County
Orig.Div: Public Warks(I2JP) p
Contact: C.Pitta-Sandoval (313-2012) Administrator
cc: County Administrator
Auditor-Controller(via R/P)
PW Accounting
By Deputy
SUBJECT: Settlement Agreement and Release between the Contra Costa County and Richard S.Narez,
Trustee, in connection with the State Route 4 East,Railroad Avenue to Loveridge Road Project,
Pittsburg area. (District V)Project No.: 4660-6X42$7
DATE: January 4, 2405
WAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The demolition contractor used the remainder of Mr.Narez's property during construction of this project without a
temporary construction permit. Mr. Narez wishes to be compensated for the use of his property.
CONSEQUENCES OF NEGATIVE ACTION:
The County would not be in compliance with State and Federal law and could potentially develop into an inverse
condemnation action.
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SETTLEMENT AGREEMENT AND RELEASE
It is hereby agreed, by and between Contra Costa County ("County") and Richard S.
Narez, Trustee, under the Richard S.Narez Living Trust, dated July 22, 1999, and as the sole
proprietor of the business known as AMEX Door (collectively "Narez"), that:
1. County will pay Narez the sum of$6,500.00 (Six Thousand Five Hundred
Doliars) in full and final settlement of all claims, actions, causes of action or demands for
compensation in any way relating to County's use of the remainder property owned by Narez
located at 95 Bliss Avenue in Pittsburg, Cahlbrnia(the "'Narez Remainder,") between. December
27; 2003 and July 1, 2004.
2, This payment shall be ir addition to the sums paid by County to Narez pursuant
to the tudgment in Ccmdeinnation in Contra Costa County Superior Court Case No. CO2-02792,
and shall represent .�itll and finai.payr7.ew and :eujenie-zit ofany claims for the use. or fol-any
dam.-,-,,--s that may l ,.ilv,� r:;sulted from Cc,un-f 's arse, of the Narez Remainder b tween Dccemoer
27, 2003 and July 1, 21'00=I., including interest. costs, tttorn>iys' and witness fe{.s, and all clairrts
for compensation, including .lee, temporary and permanent easements, severance; and inverse
condemnation, relocation and moving expenses, reestablishment expenses, improvements to
realty, fixtures and equipment, and for any other sum or amount that has been or might be
claimed by Narez relating in any way to County's use of the Narez remainder between,
December 27, 2003 and July 1, 2004.
3. In consideration for the referenced payment,Narez hereby waives and releases
County, and their respective agents, representatives, and employees, from any and all claims for
damages or compensation in any way relating to County's use of the:Narez Remainder between
001550.0012\720850.1 _ 1
9. This Agreement, together with the Stipulation for Entry of Judgment and Final
Order of Condemnation and the Judgment in Condemnation in Contra Costa County Superior
Court Case No. CO2-02792, contain the entire agreement between the parties hereto with respect
to the subject matter of this Agreement except as set forth herein. It is expressly understood by
each of the parties that this Agreement may not be altered, amended, modified or otherwise
changed in any respect whatsoever, except by a writing executed by all parties hereto.
10. This Agreement may be executed in as many counterparts as may be necessary or
convenient, and by the different parties hereto on separate counterparts, each of which, when so
executed, shall be deemed an original, and all such counterparts shall constitute one and the same
instv.unent.
11. If any term, condition or provision of this fkgt'eement is declared illegal or invalid
Fm any reason by a court o t'competent jurisdiction, the remaining terms, conditions and
prososiot:s :shall nevertheless remain in full force and efxe.ct.
12, The parties hereto shall reasonably cooperate with each other to fulfill the terms
anct conditions of this Agreement.
13. This Agreement shall be effective as of the date ("Effective Date")upon which all
of the signatories have signed this Agreement.
i4. The payment set forth herein shali be made by County to i,Tarez withln thirty (30)
days of the full execution of this Agreement by both parties.
BY AFFIXING HIS/HER SIGNATURE BELOW, EACH OF THE PERSONS
SIGNING THIS SETTLEMENT AGREEMENT AND RELEASE REPRESENTS THAT
HE/SHE HAS READ AND UNDERSTANDS THIS SETTLEMENT AGREEMENT AND
RELEASE, THAT HE/SHE IS AUTHORIZED TO SIGN THIS SETTLEMENT AGREEMENT
001 550.0012\720850.1 - 3 -
Nov II 04 t7 : 0LIP Turner & Turner
GSO-573--2150
P.
Richard S. Narc2,Trustee,,under the
R.iel rd S.Narez Living Trust,dated July
22, 1999, acid as the sole proprictor of the
business known as AMEX boor
Dated: Contra Costa County
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