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File #: 21-1063    Version: 1 Name: Settlement with EVC Homes, LLC
Type: Agenda Item Status: Approved
File created: 10/7/2021 In control: County Counsel
On agenda: 10/19/2021 Final action: 10/19/2021
Enactment date: Enactment #: Agreement No. 21-425
Title: Approve and authorize the Chairman to execute the Deferred Litigation Settlement Agreement with EVC Homes, LLC.
Attachments: 1. Agenda Item, 2. Agreement A-21-425 with EVC Homes, LLC
DATE: October 19, 2021

TO: Board of Supervisors

SUBMITTED BY: Daniel C. Cederborg, County Counsel

SUBJECT: Settlement with EVC Homes, LLC

RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute the Deferred Litigation Settlement Agreement with EVC Homes, LLC.
REPORT
Approval of the recommended action will result in the settlement of the dispute involving EVC Homes, LLC's unpermitted encroachment and removal of certain trees within County's right-of-way at the southeast corner near the intersection of West Ashlan Avenue and North Van Ness Boulevard. County Counsel previously received settlement authority from your Board in closed session on October 5, 2021. This item pertains to a location in District 2.

ALTERNATIVE ACTION(S):

Your Board could decide not to execute the recommended Settlement Agreement and the County would litigate its claims against EVC Homes, LLC, the owner of record of 4190 N. Van Ness Boulevard.

FISCAL IMPACT:

There is no anticipated fiscal impact associated with this settlement. Any expenses or costs the County may, in its discretion, incur would be recoverable from EVC Homes, LLC in a subsequent legal action to recover these costs and expenses, including attorney's fees, to enforce the terms of the Agreement.

DISCUSSION:

The recommended Settlement Agreement would resolve the pending dispute involving EVC Homes, LLC's unpermitted encroachment and removal of certain trees within County's right-of-way at the southeast corner near the intersection of West Ashlan Avenue and North Van Ness Boulevard. Through this Settlement Agreement, EVC Homes, LLC agrees to install two 36-inch, or approximate size, Deodar cedar trees; three 24-inch box, or approximate size, Crepe Myrtle trees and additional drought resistant groundcover within the subject right-of-way. As part of the Settlement Agreement, EVC Homes, LLC is to prepare a landscaping plan to show the location of the trees and groundcover to be installed, the installed ...

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