DATE: November 28, 2023
TO: Board of Supervisors
SUBMITTED BY: Daniel C. Cederborg, County Counsel
SUBJECT: Settlement Agreement - Tyler Ortman, Victoria Hinderaker, and Shorebreak Volleyball Club, LLC
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a Settlement Agreement to fully resolve the County's lawsuit against Tyler Ortman, Victoria Hinderaker, and Shorebreak Volleyball Club, LLC (Defendants) for the unlawful operation of an unpermitted commercial volleyball camp and tournament venue at 13545 E. Bullard Avenue.
REPORT
Approval of the recommended action will execute the Settlement Agreement, which will fully resolve the County's pending code enforcement litigation against Defendants for operating an unpermitted commercial volleyball camp and tournament venue at 13545 E. Bullard Avenue, in exchange for Defendants' agreement to cease all unlawful activity, the imposition of a monetary award of $10,000 to be held in abeyance for 3 years, and compliance with other terms of the Settlement Agreement. This item pertains to a location in District 5.
ALTERNATIVE ACTION(S):
If your Board does not approve the recommended action, the County will be forced to further litigate and attempt to obtain judgment on terms similar to the Settlement Agreement. The recommended action finalizes the resolution of this litigation through execution of the Settlement Agreement on behalf of the County.
FISCAL IMPACT:
There is no increase in Net County Costs associated with the recommended action. Under the recommended Settlement Agreement, Defendants agree to a monetary settlement amount of $10,000, to be held in abeyance for 3 years. If Defendants abide by the terms of the agreement over the 3-year period, the monetary settlement will be waived and discharged by the County. In the event that the Defendants are required to pay the $10,000 settlement amount, this amount will be deposited into Public Works and Planning - Miscellaneous Revenue- Code En...
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