CITY OF FILLMORE CENTRAL PARK PLAZA 250 Central Avenue
CITY OF FILLMORE CENTRAL PARK PLAZA 250 Central Avenue Fillmore, California 93015-1907 (805) 524-3701 FAX (805) 524-5707 TO:
Mayor and City Council
FROM:
Tiffany J. Israel, City Attorney
DATE:
April 12, 2016
RE:
SETTLEMENT AGREEMENT AND RELEASE WITH WILLIAMS HOMES
REQUEST That the City Council approve the Settlement Agreement and Release with WH Fillmore 51, LLC, a California limited liability company (“Williams Homes”) . DISCUSSION On or about November 13, 2015 Williams Homes paid the City $39,049.23 in impact fees for Well #9 in connection with Williams Homes’s construction of 6 dwelling units within Tract Map 5474 (the “Well #9 Fees”). Williams Homes disputes its obligation to pay the Well #9 Fees as the City has not yet completed the development of Well # 9. The City and Williams Homes desire to settle their mutual claims against each other and avoid the costs and risks of litigation. To resolve their mutual claims, pursuant to the Settlement and Release Agreement, the City would pay Williams Homes the sum of Nineteen Thousand Five Hundred Twenty-Four Dollars and No Cents ($19,524.00) . FISCAL IMPACT The payment of $39,049.23 from Williams Homes was placed in revenue account 405-0000-0303201 account to be used in connection with the development of Well # 9. If the Settlement and Release Agreement is approved staff will use $19,524.00 from this account to make the settlement payment. CITY COUNCIL GOAL Approval of this agreement does not meet one of the City Council’s specific 2015/16 goals. RECOMMENDATION 1. That the City Council approve the Settlement Agreement and Release with WH Fillmore 51, LLC, a California limited liability company (“Williams Homes”). or
01148.0039/292281.1
Settlement Agreement and Release with Williams Homes April 12, 2016 Page 2 of 2
2. Do not approve the Settlement Agreement and Release and provide alternate direction to staff. ATTACHMENTS Settlement Agreement and Release
01148.0039/292281.1
Mayor and City Council
FROM:
Tiffany J. Israel, City Attorney
DATE:
April 12, 2016
RE:
SETTLEMENT AGREEMENT AND RELEASE WITH WILLIAMS HOMES
REQUEST That the City Council approve the Settlement Agreement and Release with WH Fillmore 51, LLC, a California limited liability company (“Williams Homes”) . DISCUSSION On or about November 13, 2015 Williams Homes paid the City $39,049.23 in impact fees for Well #9 in connection with Williams Homes’s construction of 6 dwelling units within Tract Map 5474 (the “Well #9 Fees”). Williams Homes disputes its obligation to pay the Well #9 Fees as the City has not yet completed the development of Well # 9. The City and Williams Homes desire to settle their mutual claims against each other and avoid the costs and risks of litigation. To resolve their mutual claims, pursuant to the Settlement and Release Agreement, the City would pay Williams Homes the sum of Nineteen Thousand Five Hundred Twenty-Four Dollars and No Cents ($19,524.00) . FISCAL IMPACT The payment of $39,049.23 from Williams Homes was placed in revenue account 405-0000-0303201 account to be used in connection with the development of Well # 9. If the Settlement and Release Agreement is approved staff will use $19,524.00 from this account to make the settlement payment. CITY COUNCIL GOAL Approval of this agreement does not meet one of the City Council’s specific 2015/16 goals. RECOMMENDATION 1. That the City Council approve the Settlement Agreement and Release with WH Fillmore 51, LLC, a California limited liability company (“Williams Homes”). or
01148.0039/292281.1
Settlement Agreement and Release with Williams Homes April 12, 2016 Page 2 of 2
2. Do not approve the Settlement Agreement and Release and provide alternate direction to staff. ATTACHMENTS Settlement Agreement and Release
01148.0039/292281.1
