HomeMy WebLinkAboutMINUTES - 07161996 - C17 TO: BOARD OF SUPERVISORS
FROM: COUNTY COUNSEL
DATE: July 10, 1996
SUBJECT: Settlement of Litigation
Subdivision MS 25-89, Alamo area
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. APPROVE settlement of County v. Buonaccorsi, et al. involving
subdivision improvements in Subdivision" MS 25-89.
2 . AUTHORIZE County Counsel's Office to execute release and to
take all steps necessary to finalize the settlement.
FISCAL IMPACT
$4,500. 00 payment to the County for reimbursement of expenses
incurred by Public Works Department.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On November 27, 1990, the Board approved the parcel map and
subdivision agreement for Subdivision MS 25-89, a two-lot minor
subdivision located in the Alamo area. Under the terms of the
subdivision agreement, the subdivider, Robert Buonaccorsi, was
required to install certain drainage improvements. The
improvements were bonded by Amwest Surety Insurance Company.
Despite various notices to him and Amwest, Mr. Buonaccorsi failed
to complete installation of the drainage improvements. On December
13, 1994, the Board authorized legal action against Mr. Buonaccorsi
and Amwest to secure completion of the improvements. Suit was
filed on November 27, 1995.
As a result of the lawsuit against him, Mr. Buonaccorsi completed
installation of the improvements in April 1996. On June 20, 1996,
a letter was sent to Mr. Buonaccorsi and Amwest demanding
reimbursement of $5, 384 .50 in expenses (inspection fees and
attorney's fees) incurred by the County. Through negotiation with
Amwest, a settlement has been reached by which Amwest would pay
$4,500. 00 to the County in .-exchange for a release and dismissal of
the lawsuit.
The County Counsel's Office has discussed the settlement with the
Public Works Department. Since the settlement amount would recover
most of the expenses incurred by the County, both departments
recommend that the settlement be approved.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON\J 14) 19/p(f APPROVED AS RECOMMENDED_OTHER_
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
_UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD
AYES: NOES: OF SUPERVISORS ON THE DATE SHOWN.
ABSENT: ABSTAIN:
ESTED:j0IL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS
Contact: David F.Schmidt,(510)335-1816 AND COUNTY ADMINISTRATOR
cc: CAO
County Counsel
Public Works
BY ,DEPUTY
r'
Settlement of Litigation, MS 25-89, Alamo area
July 10, 1996
CONSEQUENCES OF NEGATIVE ACTION
The lawsuit would proceed at additional expense to the County. It
is possible that the amount ultimately recovered would not exceed
the settlement now being offered.
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