MEETING DATE: 5/19/2020
DEPARTMENT: COUNTY COUNSEL
DEPT HEAD/DIRECTOR: Barbara Thompson
AGENDA ITEM PREPARER: Joel Ellinwood
SBC DEPT FILE NUMBER: 160
SUBJECT:
COUNTY COUNSEL'S OFFICE - B. THOMPSON
Approve First Amendment to Reimbursement and Indemnification Agreement with McDowell Charitable Remainder Uni-trust, et al re. litigation Preserve Our Rural Communities v. County of San Benito, et al. San Benito County Superior Court Case No. CU-20-00053.
SBC FILE NUMBER: 160
AGENDA SECTION:
CONSENT AGENDA
BACKGROUND/SUMMARY:
On April 7, 2020, the Board of Supervisors approved a Reimbursement and Indemnification Agreement with the owners of the property that is the subject of Ordinance No. 1008, a zoning map amendment for a 29-acre area on Betabel Road along Highway 101. That agreement called for an amendment or additional agreement to be entered into within 30 days of the filing of any litigation challenging the adoption of the zoning map amendment ordinance. On April 22, 2020, Preserve Our Rural Communities, Inc. ("PORC") filed an action in San Benito County Superior Court, Case No. CU-20-00053.
The First Amendement to the Reimbursement and Indemnification Agreement attached to this item was negotiated between the property owners' counsel and County Counsel to address the first phase of the litigation dealing with the application for a temporary restraining order and preliminary injunction. The First Amendment provides for a $50,000.00 deposit by the property owners to be held by the County.
BUDGETED: