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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 r ^� 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._ r�- 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) I' I. it II rIs�.- A PTS I e ��o 4 ,a to Z s; by5 t1 � / Q0.. t4 i �a1 15 16 // 9 Ilp 12 If A�. s / / 6 1p g I1 � • � 0Q \�99aa 4 3 2� q 'o 1 it 13 13 40 16 i 1 oo 1001 m Y. 20 s �% ,g rm d \ to �� e 9 \b� 16 \ 1 15 14 5 13 5 _ ,o 11 ti �� 300 c e 26 / 8 y�af Y 7 s G 6 22 ': 24 3w c t L ^SCI u pow l7 •I / / 9 P y j// •" is ' � �� ' i6 t I 7 V -I I � 1 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. -2- � I ..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 -3- 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 -4- 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. -5- 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 -7- 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