HomeMy WebLinkAboutMINUTES - 03281995 - 1.5 `TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: March 28, 1995
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 March 31, 1996.
II. Financiallmpact:
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 was necessary to extend
the agreement to provide for completion of the engineers report based on measurements during
the 1991-92 and 92-93 rainy seasons. The report has been completed and the Association has
requested the continuation of the agreement to include time for community review and
development of a consensus of what should be done. The amendment to the April 8, 1986
agreement extends the agreement to March 31, 1996.
Continued on Attachment:_ SIGNATURE: -
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MAR `� 19% APPROVED AS RECOMMENDED ✓ OTHER
VOTE OF SUPERVISORS
V07
UNANIMOUS (ABSENT )
AYES: NOES: I hereby certify that this is a true and correct copy of
ABSENT: ABSTAIN: an action taken and entered on the minutes of the
Board of Supervloer}onc�th date shown.
MFK:drg ATTESTED: --'"�"� 2 1 �
i g\admin\milt:BObpo28.t3 PHIL BATCHELOR,Clerk of the Board
Orig. Div: Public Works(EIS)
of Supervisors and county Administrator
Contact: Milton Kubicek(510)313-2203
cc: County Adminstrator
Community Development By .Deputy
County Counsel
PW Accounting
Blakemont Homeowners Assoc(via PW)
3
SIXTH AMENDMENT TO AGREEMENT
Blakemont Geologic Hazard Abatement District
Geological Investigation Works
1. Parties
Effective on November 1, 1994, 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 further amend the agreement they entered into effective April
8, 1986, entitled "AGREEMENT— Blakemont Geologic Hazard Abatement District
(GHAD)- 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. Additional time is needed for the community
to review the soils engineer's report and to analyze various alternatives and their
related financing options. The original agreement has previously been amended
as follows: First Amendment effective October 8, 1987; Second Amendment
effective October 8, 1988; Third Amendment effective October 8, 1989, fourth
Amendment effective October 8, 1991; and Fifth Amendment effective December
14, 1993.
3. Amendments to Agreement
A Subpart (e) is added to Section 3 (SCOPE OF WORK) to read:
"(e) ASSOCIATION will evaluate the soils report and the alternatives
presented, develop a plan of control utilizing the knowledge gained
from the report,secure cost information on formation of a GRAD,solicit
input from the community to determine their interest in participating in
the selected alternative or proposed plan of control, and obtain
community support on a petition for formation of the GHAD or
determine that there is insufficient community interest to proceed
further. ASSOCIATION shall complete this work no later than March 31,
1996."
B Section 10 (AGREEMENT EXPIRATION) is amended to read:
"Except for the continuing obligations imposed by Section 6 above,
which shall survive expiration of this Agreement, this Agreement shall
expire upon completion of the work described in Section 3, payment of
all sums due, completion of the final cost accounting, and
disbursement of surplus monies, if any."
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.
a
5. Signatures
These signatures attest the parties' agreement hereto:
COUNTY ASSOCIATION
By: By:
Gaye Bishop, Chair P ident
Board of Supervisors
By: —
Secr t ry
Attest: Phil Batchelor
County Administrator and
Clerk of the Board of Supervisors
By.
Deputy
Note to ASSOCIATION: (1) Execute acknowledgment form below, and (2) if a
corporation, signatures must conform to designated representative groups pursuant to
Corporation Code Section 313.
ACKNOWLEDGMENT
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: NOTARY PUBLIC
J. MICHAEL WALFORD
Public Works Director
(Seal)
8y:
ilton F. Kubic eputy Dir or
APPROVED AS TO FORM:
VICTOR J. WESTMAN MFK:drg
County Counsel g\adminlmitt:blkmnt.agr
3/30/95
By:
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of roNTRA rnSTA
On 05/01/95 before me, LAURIE J. MARIN, NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC-
personally appeared JANICE E. PARKER, PRESIDENT AND MARY LYNN COX, SECREI LRY
NAME(S)OF SIGNER(S)
❑ personally known to me - OR - Ea proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) (Ware
subscribed to the within instrument and ac-
knowledged to me that kfflkqWhey executed
the same in t9gftjxttheir authorized
capacity(ies), and that by ftwbw/their
signature(s) on the instrument the person(s),
oFFI.^.IALNOTARY SEAL or the entity upon behalf of which the
LAUP!EJ.MARIN person(s) acted, executed the instrument.
Notary put;Iic—Cal.14 +ia
WComm EzG es JUL OCOUNTY Eq
WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
KR INDIVIDUAL
❑ CORPORATE OFFICER SIXTH AMENDT. TO AGREEMENT
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 1
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: 11/01/94
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) NONE
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184