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TO: BOARD OF SUPERVISORS c.,o�tta
FROM: Harvey E. Bragdon C,WI}Q
Director of Community Development cc �/
DATE: March 19, 1990 V, .`,
SUBJECT: Third Amendment to Agreement
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Authorize the Chairperson to execute the attached agreement with
Blakemont Property Owners Association, extending the Apr-il 1986
agreement. -
FISCAL IMPACT
None- to County. Terms of the original agreement which govern
payments -to a third party consultant remain unchanged with respect
to County.
BACKGROUND/REASONS FOR RECOMMENDATIONS
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 has been negligible for
three years; therefore, it is necessary to extend the agreement to
provide for measurements during the 1990-91 rainy season. The
attached third amendment to the April 8, 1986 agreement extends the
agreement to October 31, 1991.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDA OF COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED C OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development ATTESTED MAY 81990
CAO (via Risk Mgmt. ) PHIL BATCHELOR, CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Auditor (c/o Nona) AND COUNTY ADMINISTRATOR
Contractor C _
BY , DEPUTY
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Attachment
L14/3amndagr.bo
1.-944
• Fide: Blakemont Geologic .
Hazard Abatement District
THIRD AMENDMENT TO AGREEMENT
Blakemont Geologic Hazard Abatement District
Geological Investigation Work
1. Parties
Effective on October 8, 1989 (retroactive) , the County of Contra Costa, a -
political subdivision of the State of California, 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, 87-88, and 88-89, therefore the agreement was
extended to October 8, 1989. Once again this past rainy season little
movement . occurred, and since monitoring the movement is important to
arrive at firm conclusions for a plan of control , the parties desire to
extend the completion date to allow measurements during the 1989-90 and
1990-91 winter and spring, and subsequent preparation of the final project
report.
3. Completion Date
Subpart (a)(5) of Section 7 (PROJECT REPORT) is amended to read:
(5) The soils engineer shall complete all Project work,
including delivery of the final Project report, no later than
October 31, 1991. Shouldthe soils engineer fail , for any
reason, to meet this deadline, the contract shall terminate, at
ASSOCIATION'S option and subject to the COUNTY'S prior written
consent, without further notice. In the event of such
termination, the soil=s engineer shall 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. Remaining Provisions
All other provisions of the agreement between COUNTY and ASSOCIATION,
including the exhibits attached thereto, shall remain unchanged and in
full force.
5. Signatures. These signatures attest the parties' agreement hereto:
COUNTY ASSOCIATION
BY!� BY:
Nancy FandeChair P sident
Board of Su rvisors
s
By: X
Attest: Phil Batchelor Secr tar
County Administrator and
Clerk of the Board of Supervisors
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.'
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ACKNOWLEDGEMENT
State of California )
ss.
County of Contra Costa )
On this 2nd date of April 19 90, before me, the undersigned Notary
Public, personally appeared Janice E. Parker and Mary Lynn Cox ,
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the persons who executed the within instrument as President and
Secretary 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.
OFFICIAL"MEAL
JACQUELINE WILLIAMS
NOTARY PUBLIC•CALIFORNIA
CONTRA COSTA COUNTY
My Comm.Expirm Jan.21,1992 NOTA P L I C
RECOMMENDED FOR APPROVAL:
J. MICHAEL WALFORD
Public Works Director
[Seal]
By:
Milton F. Kubicek, Deputy Director
APPROVED AS TO FORM:
VICTOR J. WESTMAN
County Counsel
By:
/,
Deputy
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L14:blkemont.agr