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190 be accepted, and that all bids be rejected• Tha City Attorney stated that the record should show that this is being alone by agreemtn which has,been signed by all the property owners involved. The money is on deposit with the City Clerk, any balance of funds to be pro—rated ,back to the property owners. Councilman Herkner moved approval of the recommendation, seconded by Councilman Britschgi. Mr. Tom Tuite, Jr. spoke on the -question and wanted to know if there was any way that the City could determine the percentage to be charged on engineering. He was of the opinion that the City should do the ...r engineering work and not charge the property owners because they have been paying taxes for many years and he did not think there was much engineering work to be done inasmuch as street was already there. This was followed by discussion wherein the City Attorney stated that Mr. Tuite had signed the agreement wherein it is stated that actual costs chargeable for said improvements shall include the contract costs, engineering costs, inspection fees, and staking costs. If Mr. Tuite wants any changes he must so state now and declare the agreement invalid. Thr. Tuite stated that he wanted the agreement to stand, he just did not want to pay for engineering costs. This was again followed by discussion in regard to engineering cost chin.°ges. The motioncarxied. REPORT ON BID OPENING, CONCESSION STAND HALES PARK. The Clerk read the following letter submitted by the Redwood City Merchants Softball Team: In reference to the advertisement that was carried in the local paper concerning the bids for a refreshment stand at Hawes Park softball field, we are very sorry that we overlooked turning in a bid for this concession as was our intention. We would appreciate it very much, even if it means paying for the re—advertising of this bid, if the City Council would authorize the City Manager to re—advertise these bids. Hoping this information is satisfactory in order for you to proceed, we remain Yours very truly, H. Dotoli Redwood City Merchants, Softball Team. Councilman Britschgi moved that the City Manager be authorized to advertise for new bids and to notify Mr. Dotoli that he will be expected to pay for re—advertising, seconded by Councilman Herkner and carried. CITY_ ATTORNEY REPORT ON MICHEL BUILDING, MAIN STREET. The City Attorney submitted the following letter from the Michels attorney: Confirming our recent telephone conversations regarding the Michel property at 1116 Main Street, Redwood City, I wish to advise you and the City Council that the Michels will take down the present building upon the expiration of the present tenancy or in any event not later than October 15, 1956. At the present time the building is being rented by Pisano Bakery of Redwood City for storage purposes. The tenant is building new quarters elsewhere which we are informed will be ready for occupar..y about September 1st, at which time it will not need the Michel building any further. We will. raze the building -upon its being vacated by the bakery. -Th'e Alternate time limit to October 15th is intended in order to take care of any delay in the completion of the new bakery building. I.see no'purpose whatever in the Michels furnishing a bond in any amount and I have advised them no to do so.. It is perfectly obvious that if their agreement to raze the ..� building should not be legally enforceable, the bond would likewise be unenforceable. At this time they -are represented by counsel and the forbearance by the City to institute. abatement proceedings is adequate consideration for the agreement irrespective of whether or not such proceedings would be successful which I seriously doubt in view of the un— broken line of decisions in this state excluding mere dilapidation as a ground .for abatement. In short, there will be no difficulty in drafting a legally enforceable agreement under which the Michels will not only agree to raxe the building within the times W14 indicated but will waive any right to contest abatement proceedings. wow If you will prepare such agreement in any form you desire I will have it executed by the three owners of the property. In this connection, as I told you over the telephone, I am leaving for the east on business this Friday and will return to my office on Monday, June 25th. If you will forward—the agreemtn by that time I will have it executed immediately after June 25th. %lith kindest regards, we are Very truly yours, ROGERS AND CLARK