HomeMy WebLinkAbout4996-4999• r
RESOLUTION 90. 4998 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
THE HOUSING AUTHORITY OF'THE CITY OF SAN LUIS OBISPO,
A PUBLIC CORPORATION.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked "Exhibit "A"
.and incorporated.herein by reference, between the City of San Luis Obispo and
the Housing Authority of the City of San Luis Obispo, a public corporation:
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and a
copy of the executed agreement approved by it to: The Housing Authority of
the City of San Luis Obispo,-and also -tb the Director of Public Services, the
Utilities Engineer, the City Engineer, the Finance Director, and the Fire Chief.
On motion of Councilman Settle seconded by Councilman Griffin ,
and on the following roll call vote:
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
r
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day of December
1982.
ATTEST:
2 L
C ITI CLERK P V ES
\
R 4998
Resolution No. 4998
APPROVED:
City Administrative Office
4 X-I&
City ttorney
Director of Public Services
1982 Series
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EXHIBIT "A"
AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT, dated December 7 , 1982, for the convenience of
the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City ", and the Housing Authority of the City
of San Luis Obispo, a public corporation, the fee owners and developers of the
real property described in Exhibit "A ", attached hereto, hereinafter called
"Developer ".
WITNESSETH:
In consideration of the mutual benefits, promises and agreements set forth
herein, the parties agree as follows:
1. The City agrees to design and contract for the installation of, and
assist in funding the following described water system improvements in
accordance with Municipal Code Section 7410.9 subsection (1), relating to main
extensions to new customers other than subdivisions, and City Council
Resolution No. 4293, adopted on October 28, 1980, which resolution is made a
part of this agreement as though specifically set forth herein:
a. Construction of approximately 300 feet of 8 inch diameter water
line in Islay Street from Toro Street south westerly, and the construction of
approximately 720' of 10 inch diameter waterline in Toro from Pacific to Buchon.
b. Installation of two fire hydrants, with connecting laterals, and
related facilities.
c. This project, including inspection, engineering, and
administration thereof is to be partially financed by the City under provisions
of Resolution No. 4293, otherwise known as the 11$25,000 Quarterly Funding
Program ", to the extent that said funds are available from the fourth Quarter
of the 1981 -82 program.
Exhibit "A"
Page Two
d. The total estimated cost of this project including engineering,
inspection and administration is $43,600 of which the City's agreed
contribution is to be $25.,000; the Developer agrees to pay the balance.
($18,600 estimated)
2. Said water system improvements have been determined necessary to
provide adequate dependable fire protection for the development of the
developer's proposed "Islay Apartments ".
3. City agrees to prepare plans and specifications providing for the
above - described installation to City standards.and to call for bids, award a
contract and administer same in accordance with the provisions of Section 724
of the City Charter.
4. Developer agrees to pay the following amounts as his share of the
costs for said improvements:
a. At the time of'signing this agreement, &.",deposit in the sum of
$4,360 which represents 100 of the estimated total. cost for the project.
b. Prior to the commencpnent,of the work `and immediately :fpllowing
the opening of bids; :such additionai'-amount as•is necessary to pay for the
balance of his share of the actual engineering; administration and contract
cost of the project as described in Section:l, paragraph "d" above and..as
adjusted to conform with the unit prices.of the lowest acceptable bid.. It is
understood that.if said balance is not paid to the City within thirty (.30) days
after notification. of the determination 6f--:the cost of said work, no
improvements will be made and the deposit will be.forfeited._and - r.etained by the
City.
c. Any increased costs due to change orders or other unanticipated
expenses occurring during the course of the project shall be paid by the
developer within 15 days after notification thereof by the City; changes resulting
in cost decreases shall be`Cred.ited to the developer._
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Exhibit "A" '
Page Three
S. For planning purposes, the City estimates that the water system
improvement will be completed within six (6) weeks after the contract is
awarded, and City agrees to use due diligence in seeking timely contract
performance: However, the parties recognize that City cannot guarantee timely
performance, and Developer agrees that City shall not be responsible for any
loss incurred by him as a. result of delays -in contract completion. Developer
also agrees to hold-city harmless from`all' claims by third persons, purchasers-
or tenants which are based upon delays in performance of the water main
construction contract.
6. Developer agrees that he will not seek a certificate of occupancy
and he will not permit others to occupy the project to be constructed by him
upon the real property referred to herein prior to the completion of the needed
water system improvements, unless written permission to do so is obtained from
the Fire Chief.
7. This agreement shall be binding . upon and shall inure to the
benefit of the heirs, assigns, and all other successors in.interest of the
parties,
IN- WITNESS WHEREOF;. 'the parties hereto have caused -Phis Agreement to tie
executed..
CIT SAN LUIS buss
MA OR L I
ATTEST
CITY CLERK
DEVELOPER:
& a"' OF THE,BOARU.;
S7ING OF
dF THE
CITY OF SAN LUIS•OBISPO
APPROVED:
City -Ndministrativel Offic p r
City Attorney
,r
Public Services Director
''D
,i
EXHIBIT "A"
DESCRIPTION
"ISLAY APARTMENTS"
ALL THAT PART OF LOTS 10 AND 11 IN BLOCK 175 OF LOOMIS' ADDITION
TO THE CITY OF SAN LUIS OBISPO,. IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON THE
OFFICIAL MAP OF SAID ADDITION, FILED FOR RECORD IN BOOK A, PAGE
126 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF LEFF STREET AT THE MOST
SOUTHERLY CORNER OF SAID LOT 10 AND.RUNNING
THENCE NORTH 550 53' WEST, 20.7.75 FEET ALONG THE SOUTHWESTERLY
LINE OF SAID LOT TO THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 110 15' EAST, 3.0.46 FEET ALONG THE WESTERLY LINE OF
SAID LOT TO A POINT;
THENCE NORTH 60 40' WEST 72.10 FEET ALONG •SAID WESTERLY LINE TO
A POINT;
THENCE NORTH 370 09' WEST 6.89 FEET ALONG SAID LOT LINE TO A POINT
ON THE EASTERLY LINE OF ISLAY STREET AND THE MOST SOUTHERLY CORNER.
OF THAT CERTAIN TRACT OF LAND CONVEYED BY GUIDITTA. MARZORINT,
ET AL., TO THE CITY OF SAN LUIS OBISPO, BY DEED RECORDED AUGUST 11,
1939 IN BOOK 263, PAGE 203 OF OFFICIAL RECORDS, RECORDS OF SAID
COUNTY;
THENCE RUNNING NORTH.180. 16' EAST ALONG THE EASTERLY LINE OF ISLAY
STREET AND ALONG THE EASTERLY LINE OF SAID CONVEYED TRACT A
DISTANCE OF 177.61 FEET. TO A POINT IN.SAID LOT 11;
THENCE ALONG. SAID CONVYED LINE AND ALONG SAID STREET LINE ON A
CURVE TO THE RIGHT TANGENT TO THE LAST DESCRIBED.COURSE WITH A
RADIUS OF 25 FEET THROUGH AN ANGLE OF 750 45' 40" AND FOR A DISTANCE
OF 33.06 FEET TO ITS INTERSECTION WITH THE SOUTHWESTERLY LINE OF
OSGOOD STREET, AND A POINT ON THE NORTHEASTERLY LINE OF SAID LOT
11;
THENCE SOUTH 450 41' EAST, 284.90 FEET ALONG THE SOUTHWESTERLY LINE
OF SAID OSGOOD STREET AND ALONG THE NORTHEASTERLY LINE OF SAID
LOT 11 TO THE MOST EASTERLY CORNER THEREOF AND A POINT ON THE WEST
LINE OF LEFF STREET;
THENCE SOUTH 260 49' WEST, 235.60 FEET ALONG THE EASTERLY LINES OF
SAID LOTS 11 AND 10 AND ALONG THE WESTERLY LINE OF SAID LEFF STREET
TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ANY PORTION THEREOF LYING WITHIN THE BOUNDARIES
OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SAN LUIS OBISPO,
RECORDED AUGUST .11, 1939 . .IN BOOK 263, PAGE 203 OF OFFICIAL RECORDS.
(END OF DESCRIPTION)
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RESOLUTION NO. 4997 (1982 Sexiu
a j�i a T G ja
i
EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO
STREET SUPERINTENDENT MILO TAPPA FOR HIS LONG AND
DEDICATED SERVICE TO THE CITY AND ITS CITIZENS.
WHEREAS, Mao Tappa has had a tong and d:i 6tingui6hed eanee)L with the
Sac Luis Obispo StAeet Depattment, totaZing 37 years, having s.tmted in January
1946, and encompase.ing a numbet ob, positions ob .incAea6ing nespons.ib.i:Ylity
within the S ✓✓reef Depan iment; and
WHEREAS, Mho's wo.%k habits, application, and to ya.tty to the City has
been an i;upiAation to many employees who have wonFzed with him and bon Gum; and
WHEREAS, undex M.i.2.o'h ¢vtection and guidance the ztAee-ts, s.idewa.elzs,
seiuets, s.to,,un dtai.no and waterways, pwLki.ng lots and meters, and vehi.c2ea ob the
city have been vety wet coAed bon.; and
WHEREAS, the evet- .ineh.ea ing maintenance Aespouibaities ob a gn.owing
city have been expentCy- handeed by Mao with a minimum ob buss; and
WHEREAS, Mite has dedicated untold hoots to the citi.zenz ob the community
in h,is n.esponze to needs ob the city; and
WHEREAS, Mito adm.itably diteeted emetgeney opehations duni-ng a number ob
major s.to.tms, espec,i.a ty those ob 1969 and 1973; and
WHEREAS, Mite has made an .inde ibee mo k on the community; and
WHEREAS, Mao's knowledge and ab.i pi ty w.iQZ be zon-ety missed,
NOW, THEREFORE, BE IT RESOLVED that this City Counca wishes to expn-ess
its 9,w- titude and appreciation to S,tAeet Supe&intendent Mao Tappa ban- -the .seAwv ce
he has pe tboamed and the con tl ibuti:on he has made to the community these many yeau .
On motion ob Councaman Settle seconded by CouncZbran Gni66in
and on the bottowing .toU eaU vote:
AYES: Councamembn,6 Settle, Gtibb,in; Dovey, Duni,n and Mayon. BiUi,g
NOES: None
ABSENT: None
the bonego:ing Resolution was passed and adopted thvs 7th day ob Deeemben, 1982.
Voges, City
M
, Mayon
RESOLUTION NO. 4996 (1982 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF.SAN
LUIS OBISPO APPROVING A SETTLEMENT AGREEMENT
AMONG THE CITY, SAN LUIS TRANSPORTATION, INC.,
CAL COAST CHARTER, INC., AND NORTH COASTAL
TRANSIT
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, among the City of San Luis Obispo, San
Luis Transportation, Inc., Cal Coast. Charter, Inc., and North Coastal Transit
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed settlement agreement approved by it to:
San Luis Transportation, Inc.; Cal Coast Charter, Inc.; North Coastal Transit;
and the City of San Luis Obispo Finance Director.
On motion-of Councilman Griffin , seconded by Connrilwmmnn nnupy ,
and on the following roll call vote:
AYES: Councilmembers Griffin, Dovey, Dunin and Mayor Billig
NOES: Councilman Settle
ABSENT: None
the foregoing Resolution was passed and adopted this 21,,j day of , 1982.
y
O
Attest:.;'
City Clerk
Approved:
I -Q-�
City Administrative Orfficeri
City Atto=ey
R 4996
Fi anc irec r
SETTLEMENT AGREEMENT
This Settlement Agreement is entered into by and
between SAN LUIS TRANSPORTATION, INC.. (hereinafter referred
to as "SLT "), CAL COAST CHARTER, INC. (hereinafter referred
to as "CAL COAST "), NORTH COASTAL TRANSIT, a joint powers
agency pursuant to Government Code Section 6500, et seq.
(hereinafter referred to as "NORTH COASTAL"), the CITY OF
SAN LUIS OBISPO, a charter city (hereinafter referred to as
"CITY "), and DAVID ELLIOTT,, a CITY employee, and is made
with regard to the following facts:
RECITALS
A. SLT has filed two Superior Court actions in
the San Luis Obispo County Superior Court (action No. 56546
and action No. 56627) against CAL. COAST, CITY and NORTH
COASTAL, which actions relate to the contracts between the
CITY and NORTH COASTAL with CAL COAST for transportation
services.
B. SLT has also filed with the CITY and with
NORTH COASTAL, respectively, claims against those entities
and DAVID ELLIOTT, a CITY employee, relating to the awards
by those public entities to CAL COAST for.transportation
services.
C. There is currently pending a matter before the
Public. Utilities Commission of the State of California
between CAL COAST and SLT.relating to CAL COAST'S application
-----for a Certificate -of- Public Necessity and Convenience in
which action the CITY has been interested and involved
through the testimony of witnesses and in which action CAL
COAST and.sLT have incurred substantial legal fees and which
action, if continued, the CITY would incur substantial legal
fees in order to protect its interests.
D. The contracts in question relate to transpor-
tation services to be provided to the CITY and NORTH COASTAL
by CAL COAST which are similar to services which have been
provided by SLT to the CITY and NORTH COASTAL prior to
July 1., 1982.
E. As a result of temporary restraining orders
obtained by SLT in.both Superior Court actions, the imple-
mentation of the contracts between the CITY and CAL COAST
and NORTH COASTAL and CAL COAST were limited until. - November 15,
1:982, at which time all tempura -ry restraining orders were
dissolved and preliminary injunctions denied by the.Court:
F. The CITY, NORTH COASTAL and CAL COAST have
disputed each and every contention made by SLT contained in.
the Super -or Court actions., the formal claims -filed and
demands for payment and have raised numerous affirmative
defenses to those actions; claims and demands.
G. During the period from July 1, 1982, . through
November 15, 1982, SLT provided certain transportation
services on CITY and NORTH COASTAL routes. SLT has made a
claim against the CITY and NORTH COASTAL for those services,
which claims have been disputed by the CITY.
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..H.. During the period of July 1, 1982, through
November 15, 14821 CAL COAST performed those portions of its
contracts not enjoined relating to the maintenance of'an
operations yard and facilities and has demanded payment for
such services pursuant.to its agreements with the CITY and
NORTH COASTAL. There is currently a dispute between the
CITY and NORTH COASTAL on the one hand and CAL COAST on the
other as to the amounts due for said services.
I. Continuation of the litigation and protraction
of the disputes will result in expenditure of substantial
sums in legal fees and related costs.
J. It is the intent of the parties to this Agreement
to enter a settlement and compromise of all disputed claims
and controversies which exist between the parties, which
settlement and compromise shall provide for a dismissal with
prejudice of all causes of action and shall provide for a
full release of all claims as set forth in the complaints.,
and a general release between the parties hereto, including
without limitation, all matters referred to in the above
recitals.
NOW, THEREFORE, in consideration of the covenants
and promises as provided for herein, the parties agree as
follows:
1. SLT agrees to file dismissals with prejudice
of the above - referred to actions, which dismissals shall
provide that they are for consideration, and to withdraw all
protests or other actions or proceedings filed with the
Public Utilities Commission and to give up its Certificates
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f �
of Public..Convenience.and Necessity.for the.bus routes
operated by CITY and NORTH COASTAL.
2: The CITY shall pay to SLT the sum of $114,540.00
and NORTH COASTAL the sum of $51,460.00, for a total sum of
$166,000 in settlement for any and all claims against CITY
and NORTH COASTAL, or their employees, agents or officials._
The CITY and NORTH COASTAL shall together deliver cashier's
checks in the total amount of $166,000, payable to the trust
account of Sinsheimer, Schiebelhut & Baggett, which funds
shall be released to or for the benefit of SLT upon delivery
to the CITY and NORTH COASTAL of properly executed dismissals
with prejudice of each of the lawsuits. In addition, the
CITY shall pay to SLT $23,500 for four CNG buses currently
being operated by SLT in the CITY and for a CNG compressor,
which buses shall be transferred to the CITY free and clear
of all liens or obligations and which buses And .equipment
are more fully described in Exhibit "A" which is attached
hereto and by this reference made a part hereof: The CITY
shall deliver a cashier's check in the amount of $231,500,
payable to the trust account of Sinsheimer, Schiebelhut &
Baggett to be released to SLT upon delivery to the CI -TY of
the certificates of title ( "pink slips ") to the buses, free
and clear of any liens or encumbrances. It is hereby expressly
agreed and understood by the CITY that it is purchasing the
buses and compressor "as is" and that SLT makes no represen=
tation or warranty of any kind whatsoever, except that SLT
represents and warrants that it has good title to the buses
and the compressor and that it will deliver the buses free
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and clear of liens and encumbrances. SLT makes no warranty,
express or implied, including the warranties of merchantability
and fitness fora particular purpose or intended use. SLT
does not warrant, and disclaims any warranty, that the buses
And compressor are of merchantable quality or that they can
be used for any particular purpose. The CITY hereby agrees
to accept the buses and compressor in accordance with the
foregoing and waives any possible claim whatsoever as concerns
the buses and compressor-, and further acknowledges and
agrees that it is a "merchant" within the meaning of the
California Commercial Code, and with respect to any warranties,
express or implied, the CITY shall not be deemed "a consumer"
within the meaning of any statutory schemes concerning
warranties under both state and federal law. The CITY will
be responsible for any sales tax due.
3: The CITY shall pay. to CAL COAST the sum of
$29.,.334.24 and NORTH COASTAL shall pay to CAL COAST the sum .
of $16,465.76, for a. total sum .of:$45;800.00, for any and
all services provided by CAL COAST to.the CITY and NORTH
COASTAL in settlement of all claims through October 31,
1982. The CITY and NORTH COASTAL shall extend the terms of
their agreements for transportation services with CAL, COAST
for four and one -half months. Provided, however, nothing
herein shall deprive any of the parties of-any of the rights
that they might have under such agreement for termination or
otherwise. The CITY shall also pay to CAL COAST an additional
$7,500 for legal expenses incurred by CAL COAST on behalf of
the CITY in proceedings before the Public Utilities Commission.
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i
y,
- Notwithstanding.the.provisions of this.settlement agreement,
nothing herein shall be deemed a waiver of the rights and
duties of CITY, NORTH COASTAL and CAL COAST among and between
themselves from and after October 31, 1982 under the terms
of the contracts for public transportation between CAL COAST
and CITY and NORTH COASTAL.
4. The parties agree that the-name "San Luis
Obispo Transit" or "SLO Transit" are descriptions of services
provided by CITY and therefore belong to the CITY, and
"North Coastal Transit" or "NCT" are descriptions of services
provided by NORTH COASTAL and therefore belong to NORTH
COASTAL.
5. The parties agree that they will not at any
time hereafter, commence, maintain or prosecute any action
at law or otherwise or institute any claim for loss or
liability or any other type of claim against any party to
this Agreement, or their employees, agents, officers or
assigns, arising from or relating to the matters.contained
in the litigation (San Luis Obispo Superior. Court actions
56546 and 56627 or any other action that might be filed or
pending) or Public Utilities Commission proceedings currently
existing between the parties, or pursuant to any claims or
demands made by any of the parties or in any way relating to
the award of the contracts for transit services by the CITY
or NORTH COASTAL to CAL COAST which is the subject matter of
the litigation. The parties further covenant and agree that
they will in no way encourage, suggest, participate or aid.
in any claims or actions brought by any person or entity
CM
t
against any other party to this agreement or its representatives;
employees or officers on any matter arising out of or relat'
-- - - as of the . date of this Agreemen
to transportation services /in the CITY or NORTH COASTAL,
including but not limited to all matters or issues set forth
in the recitals, or allow their authorized representatives,
officers, directors or attorneys to file or voluntarily
participate in such actions.
6. The parties hereto acknowledge the performance
of this Agreement as provided herein shall constitute full
and complete satisfaction of all claims and allegations in
said complaints, claims or demands against any of the parties
to this Agreement., their agents, employees, officers or
assigns, whether named or otherwise in such actions or
claims, and shall operate as a general release within the
meaning of California Civil Code Sections 1541, through.1543,
inclusive. The parties hereto do hereby release.each and
every other party to this Agreement, including their agents.,
employees, officers or assigns from -any loss, claim or
liability that presently exists, whether or not presently
known or within the contemplation of any of the parties
hereto, and the parties hereby specifically waive the provisions
of California Civil Code Section 1542, which provides as
follows:
"A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor
at the time of executing the release, which if known.Yiy
him must have materially affected his settlement.with
the debtor."
7. This agreement and all related documents are
not and shall not constitute an admission by any of the
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parties hereto or any of them of any liabi-lity or fault or
wrongdoing of or by them or any of them, or any person
acting on their behalf as to matters specified in the
complaints, claims or demands referred-to the recitals
hereinabove., or as to any other matters.. It is expressly
understood and agreed that this agreement is entered into.
for the mutual benefit of all parties and in the public.
interest.
8. It is understood by each party that the facts
with respect to the foregoing releases as given may hereafter
turn out to be other-than or different from the facts in
that connection now known or believed to be true, and each
such party expressly assume.s the risk of the facts turning
out to be to different and agrees that the foregoing release
shall be in all respects effective and shall not be subject
to termination or rescission by reason of such difference in
facts.
9. The parties further agree that this Settlement
Agreement speaks for itself and official communications will
be limited to a joint press release to be agreed upon.and
presented by the parties.
10. This agreement and each and every covenant
contained herein shall inure to the benefit of and be binding
upon each and every party hereto and the successors, hei =s,
representatives and assigns of each and every party hereto.
11. In the event litigation is commenced to
enforce any of the provisions of this agreement, to recover
damages for breach of any of the provisions of this agreement,
V
..or to. ..obtain declaratory relief in connection with any of
the provisions of this agreement, the prevailing party shall
be entitled to recover reasonable attorneys' fees.
WHEREFORE, the parties enter this Agreement this
23rd day of November, 1982, at San Luis Obispo, California.
NORTH COASTAL TRANSIT
STEVE MadELVAINE, Chairman
SAN LUIS TRANSPORT TION, I C.
i5 -
PATRICR D. ININGTO ,
President
Attest:.
2z 41M, do o
amela.V ges,
ity Clerk
Attest: , V
CAL COAST CHARTER, INC..
By`�1,,0rret�a�w�.
PETER S. DWORKIS,
,,'.President
f DAVID ELLIOTT
MM
EXHIBIT "A"
License #
Vehicle
# ID #
ARGOSY
SLOBUS 1
1
B24L8V3224
ARGOSY
SLOBUS 2
2
B24L8V3223
ARGOSY
SLOBUS 3
3
B24L8V3225
ARGOSY
SLOBUS 4
4
B24L8V3226
(Excluding fare
box components or
radios)
INGERSOLL -RAND COMPRESSOR