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Home My WebLink AboutMINUTES - 05152001 - C.74 TO: BOARD OF SUPERVISORS s- .. �, r74 FROM: SUPERVISOR GAYLE B. UILKEMA Contra O:. .- DATE: May 15, 2001 �'•.� Costa U.' County SUBJECT: Change in control for Richmond Sanitary Services, Inc. & Crockett Garbage Services, Inc. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION: Approve extension of time for Crockett Garbage Service, Inc. and Richmond Sanitary Service, Inc. to submit evidence of successful closing of change in control of companies to Republic Services, Inc. from May 11, 2001 to May 31, 2001. BACKGROUND: On April 24, 2001 the Board approved 1)Agreement Regarding County Consent to Change in Control of Richmond Sanitary Service, Inc.; and 2)Agreement Regarding County Consent to Change in Control of Crockett Garbage Service, Inc. Said agreements require Crockett Garbage Service, Inc. and Richmond Sanitary Service, Inc. to submit evidence of successful closing of the subject transactions to the County by May 11, 2001. Scott Gordon, attorney for Republic Services, Inc. has written a letter indicating that the closing has been delayed, and has requested that the Board approve an extension to May 31, 2001, for Crockett Garbage Service, Inc. and Richmond Sanitary Service Inc. to submit evidence of successful closing. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE: GAYLE B.UILKEMA I—OzIri4— '5�� ACTION OF BOARD ON May 15, ZOO. _ APPROVED AS RECOMMENDED_ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE XX UNANIMOUS (ABSENT ------ ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED May 15, 2001 JOHN SWEETEN, Clerk of the Board of Supervisors and Coun Admini trator ' BY ,DEPUTY Contact Person: CC: County Counsel Supervisor District 2 Sent By: BRUEN AND GGSDON; 1 925 295 3132; May-9-01 1 :29PM; Page 1 F' BRUEN & GORDON T}ttJMA$M, DRUEN A HHQJ-L5510NAL CORPORATION TELEPHONE: (4aM 265.31 31 SCOTT W. GORDON rAC31MILE: tA25) 795-31 3?. .JOHN A.BURKE 1000 NORTH GALWORNIA BOULEVARD 5UfTE 640 WALNUT CREEK,CALIFORNIA%45flO FACSIMILE COVER SHEET W... - - -, - - WPM, I � I ^ i ! (;'"?AY 0 9 2001 Sui ERMSOR UILKEMA FROM: DATE: TIME: •a CU Total Number of Pages(including cover sheet): RIGINAL WILL FOLLOW ORIGINAL WILL NOT FOLLOW Remarks: KURGENT ❑ FOR YOUR REVIEWICOMMENTS ❑ FOR YOUR INFO, ❑ REPLY ASAP The pages comprising this facsimile transmission contain CONFIDF.NTIAI.INFORMATION from the offices of Bruen&Gordon, A Profcssicmal Corporation. This information is intended solely for use by the individual or entity named as the recipient hereof. if you are not the intended recipient,any disclosure,copying,distnbution or use of the contents of this transmission is prohibited. If you have received this transmission in enaw,please notify us by telephone immediately so we may arrange to retrieve the transmission at no cost to you. 1F YOU HAVE, NOT RECEIVED ALL OF THE PAGES,PLEASE CALL TILE FOLLOWING TELEPHONE!NUMBER AS SOON AS POSSIBLE: (925)295-3131 OUR FAX MACHINE 1S AN 11P LASERJET 3100-(925)295-3132 I p I f I Sent By: BRUEN AND GORDON; 1 925 295 3132; May-9-01 1 :29PM; Page 2/3 BRUEN & GORDON THOMAS M BRUEN A PROFESSK)NAL cORPORATIVN TELEPHONE: 1925)295-3131 5COTr W.CORDON FACSIMILE: 19151 246-a 14[ JOHN A.BURKE 1990 NORM CALIFORNIA BOULEVARn SGORDON(O-SRUCOR.COM SUnE 940 WALNUT CREEK. CALIFORNIA 94596-- May 9, 2001 VIA EACSIMII E& U.S. 94 Hon.Gayle B. Uilkema,Chairperson Contra Costa County Board of Supervisors 651 Pine Street Martinez,CA 94553 Re: County Consent to Change in Control for Crockett Garbage Service,Inc. and Richmond Sanitary Services,Inc. Dear Gayle: I Fun writing to you concerning the County's previous approval to the change in control for Crockett Garbage Service,Inc. and Richmond Sanitary Service,Inc. As you know, the Board of Supervisors consented to the:change in control for these entities on April 24,2001. In its action,the Board required that the underlying transaction giving rise to the change in control be closed on or before May 7,2001,and that evidence of the successful closing of the transaction be supplied to the County on or before May 11, 2001. Unfortunately,due to circumstances beyond the control of the parties,the closing was delayed and is now expected to occur on or before May 31,2001. We therefore respectfully request on behalf of Crockett Garbage Service, Inc., Richmond Sanitary Service, Inc.,and Republic Services,Inc. that the time within which the transaction nay be closed and the evidence of the closing provided to the County be extended through and including May 31,2001. Because this matter was handled as part of the Consent Agreement between the parties approved by the Board on April 24,2001,it will be necessary for the Board, if it desires to extend the time,to indicate its approval to this minor amendment to the Consent Agreement. Hon. Gayle B. Uilkema, Chairperson May 9,2001 Page 2 I would appreciate your placing this matter on the Board's agenda if possible for your Tuesday, May 15,2001 meeting. Thank you for your courtesy and cooperation in this matter. Very truly yours, c1 W Scott W.Gordon SWG:jcf cc: Stephen M. Kalish,Republic Bruce Sun Filippo,Republic Brian A. Bales,Republic Matthew Katz,Esq., Republic Richard Granzclla,RSS Richard Norris, Esq.,Archer Norris Lillian Fujii,Esq. 075 . TO: REDEVELOPMENT AGENCY/ BOARD OF SUPERVISORS �•�: �=;�. Contra f Costa FROM: DENNIS M. BARRY, AICP County COMMUNITY DEVELOPMENT DIRECTOR ; o�;rA,c,U,µ�•J DATE: MAY 15, 2001 SUBJECT: NORTH BROADWAY AREA INFRASTRUCTURE PROGRAM/PHASE I, BAY POINT- CONTRACT AMENDMENT SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS As the Governing Board of the Contra Costa County Redevelopment Agency, APPROVE and AUTHORIZE the Deputy Director - Redevelopment to execute a contract amendment in the amount of $9,096, between the County Redevelopment Agency and the County of Contra Costa for Phase I of the North Broadway Area infrastructure project in the Bay Point Redevelopment Project Area. , With the amendment, the total contract amount would be $2, 20,422. CONTINUED ON ATTACHMENT: X YES SIGNATURE J&11LWT RECOMMENDATION OF COUNTY ADMINISTRATOR/EXECUTIVE DI C OR RECOMMENDATION OF BOARD COMMITTEE/AGENCY COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD/AGENCY ON May 15, 2001 APPROVED S RECOMM NDED X OTHER— VOTE THER_VOTE OF SUPERVISORS/COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A TRUE AND X UNANIMOUS(ABSENTnone CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS/REDEVELOPMENT..AGENCY ON THE DATE SHOWN Contact: Maureen Toms,Community Development-335-1250 ATTESTED May 15, 2001 JOHN SWEETEN, AGENCY SECRETARY, CLERK OF cc: Public Works Department-M.Shiu THE BO D OF SU .ERVISORS AND COUNTY Redevelopment Agency-M.Toms ADMINI S RATOR County Administrator Auditor/Controller BY , DEPUTY 1P May 15, 2001 Board of Supervisors North Broadway Infrastructure Program—Contract Amendment Page 2 RECOMMENDATIONS (continued) As the Board of Supervisors, APPROVE and AUTHORIZE the Public Works Director to execute a contract amendment in the amount of$9,096, between the County Redevelopment Agency and the County of Contra Costa for Phase I of the North Broadway Area infrastructure project in the Bay Point Redevelopment Project Area. With the amendment, the total contract amount would be $2,020,422. FISCAL IMPACT No General Fund money will be used on this project. The total estimated contract amount is $2,020,422. The Redevelopment Agency will reimburse the County for expenditures up to $2,020,422 out of its Bond Proceeds and Tax Increments - Capital Projects for the Bay Point Project Area. The project is included in the Agency budget, adopted for the use of Bond Proceeds and Tax Increments. BACKGROUND/REASONS FOR RECOMMENDATIONS Phase I of the four phase North Broadway Infrastructure project was completed in the fall of 1999. Post construction costs (i.e., installing fences, real property issues, etc.) were incurred during 2000 that exceeded the original contract amount of $2,011,326. These additional costs are included in the 2000/2001 Bay Point Redevelopment Agency budget. U:\MA11BayPoint\Capita1 Projects\N Broadway Infrastructure PrograrnThase I\BOARD ORDER 5-15-01.doc