HomeMy WebLinkAboutMINUTES - 04181989 - 1.48 TO: REDEVELOPMENT AGENCY
FROM: PHIL BATCHELOR, Contm
EXECUTIVE DIRECTOR Costa
DATE: April 5 , 1989 County
SUBJECT: Lommell et al vs Taylor et al ��
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Approve Settlement Agreement with Taylor-Ward Properties,
Richard Taylor, Lauren Ward and Sonspirit Properties
( "Taylor-Ward" ) .
2, Authorize Redevelopment Director or his designee to execute
the Settlement Agreement on behalf of the Redevelopment Agency
and to take all actions necessary to effectuate said
Agreement, including, but not limited to:
a. Deposit with the Clerk of the Contra Costa County
Superior Court the sum of $55,645. 53 as a tender by
Taylor-Ward pursuant to Civil Code (cannot do that code)
1717(b) ( 2) in Action No. 303362. The Auditor/Controller
is directed to issue a warrant as set forth above.
b. Upon acceptance of the deposit by the plaintiffs in said
action ( "Lommell and Hruska" ) , pay Taylor-Ward the sum of
$11,899. 43 , as compensation for all damages suffered by
it now or in the future, including its attorneys ' fees
and costs in litigating said action.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On June 26, 19861, the Contra Costa County Redevelopment Agency
entered a Disposition and Development Agreement with Taylor-Ward
Properties and Sonspirit Properties. Among other things, the DDA
provided for the purchase, by the Developer, of certain publicly
owned,_ but abandoned right-of-ways. These properties were acquired
by the Developer through a grant deed from the Agency in 1986.
CONTINUED ON ATTACHMENT: X YES SIGNATURE: lev,
RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION AGEN Y COMMI
APPROVE OTHER
SIGNATURE(S) :
ACTION OF AGENCY ON April 18 , 1989 APPROVED AS RECOMMENDED X OTHER
VOTE OF COMMISSIONERS
X I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON- THE
ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT
AGENCY ON THE DATE SHOWN.
Auditor-Controller
cc: Redevelopment Director ATTESTEDApril 18, 1989
County Administrator PHIL BATCHELOR,
County Counsel AGENCY SECRETARY
Public Works
Real Property
Goldfarb & Lipman BY01DEPUTY
Taylor-Ward Properties
Homart Development
McCutcheon, Doyle & Enerson
jk5/jb/lommell.bos
Subsequent to the acquisition of the publicly owned parcels by the
Developer, two property owners filed suit against the Developer
contending that they owned title to a portion of the abandoned
right-of-ways. Given that the DDA provides for the sale of the
publicly owned properties free and clear of liens and encumbrances,
a settlement agreement is appropriate. This matter was considered
by the Agency in closed session March 7, 1989.