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HomeMy WebLinkAboutMINUTES - 04281987 - S.4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 28, 1987 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, McPeak NOES: None ABSENT: Supervisor Schroder ABSTAIN: None SUBJECT: Approving Settlement Agreement, Clyde area On January 9 , 1986, six residents of Clyde filed a petition for writ of mandate and complaint for injunctive relief entitled Sandra K. Anderson, et al. v. Board of Supervisors of the County of Contra Costa, et al. , Action No. 281114. This action challenged the Board' s decision of December 10 , 1985 to approve the Westmont General Plan Amendment.- On April 28, 1987 , the petitioners and County staff reached agreement on the settlement of this action, and a settlement agreement was drafted. The petitioners had previously settled with the real parties in interest and had dismissed them from the action. This Board hereby FINDS, by at least a 2/3 vote of the Board, that the need to take action on this agreement arose after the Board' s agenda was posted as specified in Government Code section 54954 . 2(a) . IT IS HEREBY ORDERED that the settlement of the above action is approved, and the Board Chair is authorized to sign the attached settlement agreement on behalf of the Board and the County. 1 hereby certify that this Is a true andcorrecteopy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: A&AxZ_dg 1987 PHIL SAT . EI.GR, Clerk of the Board of Supervisors and County Administrator Deputy Orig. Dept.: County Counsel cc: Community Development Dept. ` L AGREEMENT 1. Effective Date and Parties. Effective , the County of Contra Costa, a political subdivision of the State of California (hereinafter referred to as "County" ) , and Sandra K. Anderson, Joseph P. Cedillos, Dorothy Kilcoyne, Susan J.R. Newton, and Colman O'Malley (collectively referred to herein as "Petitioners") , mutually agree as follows: 2. Purpose. On or about January 9, 1986 the petitioners and Loren A. Welches, now deceased, filed a petition for writ of mandate and complaint for injunctive relief in the Contra Costa County Superior Court, Action No. 281114 ( "the Action") against the Board of Supervisors of the County of Contra Costa, the County of Contra Costa, and Does I-X as respondents, and against Westmont Company, a California Partnership, Bay Point Land and Investment Company, a California Limited Partnership, and Roes I- X, as Real Parties in Interest. On or about December 30, 1986, Petitioners and Westmont Company and Bay Point Land & Investment Company entered into a Stipulation For Partial Settlement and Dismissal among them, which Stipulation was ordered by the Superior Court. The parties hereto desire to effect the resolution of the remainder of the Action. 3. Dismissal of Action. Petitioners agree to provide to the County, through its County Counsel, an executed Request For Dismissal of the Action with prejudice on or before April 29, ' 1987. 4. Release of Claims. Petitioners, on behalf of themselves and on behalf of their descendants, heirs, predecessors, successors, assigns, agents, and representatives, and each of them, acknowledge that all matters regarding the County and its Board of Supervisors, and future claims, controversies and disputes set forth herein, are fully and finally settled, and therefore, hereby release and forever discharge the County and its Board of Supervisors, and each of them, and their successors in interest, assigns, employees, agents, independent contractors, representatives, and each of them, from any and all claims, demands, obligations, losses, causes of action, costs, expenses, attorneys' fees, liabilities, and indemnities of any nature whatsoever, whether based on contract, tort, state or federal statute, or other legal or equitable theory of recovery, whether known or unknown, which as of the date of this Agreement Petitioners have or claim to have against the County and its Board of Supervisors arising out of, or in any way connected with, the Action and the subject matter of the Action. Any and all rights granted to Petitioners under Civil Code section 1542 or any analogous state or federal law or regulation are hereby 1 expressly waived. Civil Code section 1542 provides as follows: . "A general release does not extend to claim:: 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 affected his settlement with the debtor." 5. Binding Effect. This Agreement shall be binding on, and inure to the benefit of, the successors and assigns of the parties hereto. 6. Disclaimer of Admissions. The parties acknowledge and agree that the execution of this Agreement is the result of compromise, and is entered into in good faith and shall never for any purpose be considered an admission of liability or responsibility concerning any of the claims referred to in the Action, and no past or present wrongdoing on the part of any of the parties shall be implied by such execution. 7. Fees and Expenses. Each of the parties hereto shall pay its own expenses, including attorneys' fees and other related legal fees, incurred in the prosecution and defense of the Action, and incurred by any of them in the negotiation, preparation and execution of this Agreement. 8. Understanding of Agreement. The undersigned hereby declare that they have read this Agreement, and that its meaning has been fully explained to them by their respective attorneys, and that they fully understand and appreciate its meaning. Dated: Petitioners By Zach Cowan Attorney for Petitioners Dated: County of Contra Costa By .G% ./' J2 v ctC Board Chair 2 ATTEST: PHIL BATCHELOR, APPROVED AS TO FORM: Clerk of the Board of Supervisors and County VICTOR J. WESTMAN, Administrator County Counsel By: By: Silvano B. Marchesi Deputy Assistant County Counsel 3