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  Consent-General Government   # 12.       
Board of Supervisors County Counsel  
Meeting Date: 05/22/2018  
Brief Title:    Approve settlement of Winnen lawsuit
From: Philip J. Pogledich, County Counsel
Staff Contact: Philip J. Pogledich, County Counsel, x8172
Supervisorial District Impact:

Subject
Authorize the Chair to execute a settlement agreement resolving Winnen Family Properties, LLC v. County of Yolo, and approve a related budget resolution. (No general fund impact) (4/5 vote required) (Pogledich)
Recommended Action
Authorize the Chair to execute a settlement agreement resolving Winnen Family Properties, LLC v. County of Yolo, and approve a related budget resolution.
Strategic Plan Goal(s)
Operational Excellence
Reason for Recommended Action/Background
On April 6, 2015, Winnen Family Properties filed a lawsuit against the County alleging breach of contract and related claims arising from the County’s April 2014 termination of a February 6, 2007 lease agreement.  The lawsuit sought about $2.2 million in damages.  A recent mediation session resulted in an agreement (subject to Board approval) to settle the lawsuit for $550,000.  The settlement is reflected in the attached agreement (Attachment A).  The attached version is a working draft but only minor changes (if any) are expected, and staff recommend that the Board authorize the Chair to sign the final version with the understanding that the material terms of the settlement will not change.  A budget resolution appropriating funds for the settlement is also included as Attachment B.
Collaborations (including Board advisory groups and external partner agencies)
County Administrator, Probation Department.
Competitive Bid Process
Not applicable.

Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   550,000
Amount budgeted for expenditure:    $   0
Additional expenditure authority needed:    $   550,000
One-time commitment     Yes
Source of Funds for this Expenditure
$550,000
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
The appropriation is from a Liability Reserve maintained in the Countywide budget, as detailed in the resolution included as Attachment B.
Attachments
Att. A. Settlement Agreement
Att. B. Budget Resolution

Form Review
Inbox Reviewed By Date
County Counsel (Originator) Phil Pogledich 05/17/2018 11:41 AM
Financial Services Tom Haynes 05/17/2018 12:32 PM
Form Started By: Phil Pogledich Started On: 05/16/2018 01:51 PM
Final Approval Date: 05/17/2018

    

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