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HomeMy WebLinkAboutMINUTES - 01111994 - 1.23 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: JANUARY 11, 1994 SUBJECT: FIRST AMENDMENT TO TEMPORARY RIGHT TO ENTER AGREEMENT WITH CENTRAL CONTRA COSTA SANITARY DISTRICT ON BUCHANAN FIELD AIRPORT Project No.: 0662-6R4330 SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE First Amendment to Temporary Right to Enter Agreement with Central Contra Costa Sanitary District and AUTHORIZE Board Chair to execute said Agreement on behalf of the County. II. Financial Impact: None. III. Reasons for Recommendations and Background: Central Contra Costa Sanitary District needs an easement for a sewer line and reclaimed water line through Buchanan Field Airport. The easement has been aligned within the right of way of the future Diamond Boulevard extension. The District and County are currently negotiating the terms, conditions, and price of the easement. In order to prevent delay of construction and adhere to the spirit of cooperation among public agencies the Board approved a Temporary Right of Enter Agreement to allow construction to commence while negotiations are being finalized. Said Agreement stated that the District would commence eminent domain proceedings within 60 days after September 30, 1993, if negotiations failed to reach agreement. This amendment extends the limit to 60 days after March 30, 1994. IV. Consequences of Negative Action: Central Contra Costa Sanitary District may be o�.ced o-fi condemnation action against the Continued ontXttachment: SIGNATURE: - _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON JAN 111994 APPROVED AS RECOMMENDED OTHER _ VOTF,OF SUPERVISORS L/ UNANIMOUS (ABSENT JT— AYES: NOES: ABSENT: ABSTAIN: f hereby certify that this is a true and correct copy of an action taken and entered on the minutes of tfM PBG:glo Board of supervisors on the date shown. c:13011b.t1 ATTESTED: .J g 1 1994 Orig. Div: Public Works R/P PMIL BATCHELOR,cierk of the Board ( ) Contact: Paul Gavey (313-2220) of Supervisors and Cc h Administrator cc: County Administrator By ,Oep„ty P. W. Accounting 1, 2_3 FIRST AMENDMENT to TEMPORARY RIGHT TO ENTER and USE w COUNTY OF CONTRA COSTA PROPERTY Whereas, the Central Contra Costa Sanitary District and the County of Contra Costa entered into an Agreement entitled, Temporary Permit to Enter and Use County of Contra Costa Property, which was signed by the County of Contra Costa on September 14, 1993, and Whereas, terms and condition No. 14 of the Agreement states that the District will commence eminent domain proceedings within sixty (60) days after September 30, 1993 if District and County cannot agree by September 30, 1993 upon an amount of compensation payable to County for various easements and property rights, and Whereas, negotiations are continuing between the District and the County to agree upon an amount of compensation and Whereas, it is in the best interests of the District and the County to extend the date for achieving agreement on the amount of compensation and to extend the date for commencing eminent domain proceedings by the District. Now, therefore, the Central Contra Costa Sanitary District and the County of Contra Costa hereby amend existing term and condition No. 14 of the Temporary Right to Enter and Use County of Contra Costa Property (Agreement) by substituting the following term and condition No. 14 shown below. 14. This permission is granted in consideration that the District will hereafter without unnecessary delay, negotiate with the County to agree upon terms of compensation and that if an agreement cannot be achieved by March 30, 1994, the District will commence eminent domain proceedings within sixty (60) days thereafter, including deposit of funds to support an Order of Possession, so that the amount and terms of compensation payable to the County can be determined by a court of appropriate jurisdiction, unless prior to such commencement of proceedings the parties reach agreement upon terms of compensation pursuant to mediation conducted by the Judicial Arbitration and Mediation Service, or like entity. The Central Contra Costa Sanitary District and the County of Contra Costa have hereinafter set forth the signatures of their authorized respective representatives evidencing mutual agreement to the terms and conditions of this Amendment to the Temporary Permit to Enter and Use County of Contra Costa Property. Central Contra Costa Sanitary District C my f ontr os By: By: Chairman, Board of Supervisors Title: President, Board of Directors By: Attest: Title: Secretary, Board of Directors By: �1 Deputy, Clerk of the Board Date: Date: JAN 111994 .' FIRST AMENDMENT TO TEMPORARY RIGHT TO ENTER AND USE COUNTY OF CONTRA COSTA PROPERTY Whereas,the Central Contra Costa Sanitary District and the County of Contra Costa entered into an Agreement entitled, Temporary Permit to Enter and Use County of Contra Costa Property, which was signed by the County of Contra Costae on September 14, 1993, and Whereas, terms and condition No. 14 of the Agreement states that the District will commence eminent domain proceedings within sixty (60) days after September 30, 1993, if District and County cannot agree by September 30, 1993,'upon an amount of compensation payable to County for various easements and property rights, and Whereas, negotiations are continuing between the District and the County to agree upon an amount of compensation and Whereas, it is in the best interests of the District and the County to extend the date for achieving agreement on the amount of compensation and to extend the date for commencing eminent domain proceedings by the District. Now,therefore,the Central Contra Costa Sanitary District and the County of Contra Costa hereby amend existing term and condition No. 14 of the Temporary Right to Enter and use County of Contra Costa Property (Agreement) by substituting the following term and condition No. 14 shown below. 14. This permission is granted in consideration that the District will hereafter without unnecessary delay, negotiate with the County to agree upon terms of compensation and that if an agreement cannot be achieved by March 30, 1994, the District will commence eminent domain proceedings within sixty (60) days thereafter, including deposit of funds to support an Order of Possession, so that the amount and terms of compensation payable to the County can be determined by a court of appropriate jurisdiction, unless prior to such commencement of proceedings the parties reach agreement upon terms of compensation pursuant to mediation conducted by the Judicial Arbitration and Mediation Service, or like entity. The Central Contra Costa Sanitary District and the County of Contra Costa have hereinafter set forth the signatures of their authorized respective representatives evidencing mutual agreement to the terms and conditions of this Amendment to the 'Temporary Permit to Enter and Use County of Contra Costa Property. Central Contra Costa Sanitary District unty on o By: By: Chairman, Board of Supervisors Title: President of theBoardof Directors By: ;:.L /V. ti c Attest: Title: ISbcretary, Board of Directors By: Deputy, Clerk of the Board Date: Date: JAN 111994