HomeMy WebLinkAboutMINUTES - 12141993 - 1.21 Y N
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: December 14, 1993
SUBJECT: AMENDMENT TO BLAKEMONT GEOLOGIC INVESTIGATION AGREEMENT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chairperson to execute an agreement amendment with
Blakemont Property Owners Association, extending the April 1986 agreement to October 31,
1994.
II. Financial impact:
None to County. Terms of the original agreement which govern payments to a third party
consultant remain unchanged with respect to County.
III. Reasons for Recommendations and Background:
On April 8, 1986, this Board approved the agreEment between County and Blakemont Property
Owners Association to develop a plan of control for the Blakemont landslide by a consulting
engineering geologist. Measurement of the landslide movement during winter and spring rainy
periods is required. Movement was negligible for five years; therefore, it is necessary to extend
the agreement to provide for completion of the engineers report based on mesurements during
the 1991-92 and 92-93 rainy seasons. The amendment to the April 8, 1986 agreement extends
the agreement to October 31, 1994.
Continued on Attachment: SIGNATURE:__
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _ OTHER
SIGNATURE(S):
ACTION OF BOARD ON DEC 14 1993 APPROVED AS RECOMMENDED OTHER_
VOT OF SUPERVISORS
V07
UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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4.t12 I hereby Certify that this is a true and correct copy :4
an action taken and entered on the minutes of the
Orig. Div: Public Works(ADMIN) Board of Supervisorstl)e Qua own
DEC
Contact: Milton Kubicek(510)313-2203 ATTESTED:
cc: County Administrator PHIL BATCHELOR,Clerk of the Board
Community Development of Supervisors and my Administrator
County Counsel
PW-Accounting g
PW-Engineering Services
Blakemont Homeowners Assoc(via PW)
AMENDMENT TO AGREEMENT
Blakemont Geologic Hazard Abatement District
Geological investigation Works Co"
1. Parties
Effective on December 14, 1993, the County of Contra Costa, a political subdivision of the State
of Califomia, hereinafter referred to as "COUNTY", and the Blakemont Property Owners
Association, a non-profit corporation, hereinafter referred to as "ASSOCIATION", mutually agree
and promise as follows:
2. Purpose
The parties desire to amend the agreement they entered into effective April 8, 1986, entitled
"AGREEMENT—Blakemont Geologic Hazard Abatement District-Geological Investigation Work".
The original agreement required completion by ASSOCIATION of the geologic investigation, final
project report and other project work by October 8, 1987. The work could not be completed on
schedule due to the lack of landslide movement during the winters of 1986-87 through 1991-92;
therefore the agreement was extended to October 31, 1993. Additional time is needed
3. Completion Date
Subpart (a)(5) of Section 7 (PROJECT REPORT) is amended to read:
(5) The softs engineer shag complete al Project work, including delvery
of the final Project report,no later than October 31,1994. Should the sods
engineer fad, for any reason, to meet this deadline, the contract shag
terminate,at ASSOCIATIONS's option and subject to the COUNTY's prior
iwitten consent, without further notice. In the event of such termination,
The sods engineer shag deliver to COUNTY and ASSOCIATION without
delay all Project materials prepared to date,including the notes and results
of surveys, field explorations, monitoring and engineering.
4. Remainina Provisions
All other provisions of the agreement between COUNTY and ASSOCIATION,including the exhibits
attached thereto, shall remain unchanged and in full force.
5. Sionatus
These signatures attest the parties' agreement hereto:
COUNTY' �_ ASSOCIATION
Y Y
Tom Torlakson President
Board of Supervisors
By:
Secretary
Attest: Phil Batchelor
County Administrator and
Clerk of the Board of Supervisors
By:
Deputy
Note to ASSOCIATION: (1) Execute acknowledgement form below, and (2) if a corporation, signatures
must conform to designated representative groups pursuant to Corporation Code Section 313.
ACKNOWLEDGEMENT
State of California )
ss.
County of Contra Costa )
On this date of , 19-, before me, the undersigned Notary Public, personally
appeared and , personally known to be (or
proved to me on the basis of satisfactory evidence)to be the persons who executed the within instrument
as and of the corporation therein named and acknowledged to me
that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of
directors.
RECOMMENDED FOR APPROVAL:
J. MICHAEL WALFORD
Public Works Director
NOTARY PUBLIC
By: ! �1
Milton F. Kubicek,.Deputy Director
(Seal)
APPROVED AS TO FORM:
VICTOR J. WESTMAN
County Counsel
By:
Deputy '
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c:blkemont.agr