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had been reviewed, it was Staff's recommendation that sale permit be permitted <br />for a forty-five (45) day period only, and that this would be more in keeping with <br />Council's policy that such sales not extend into the holiday season. <br />Mr. Avrech appeared to state he now requested a full 60 -day <br />period, beginning September 22nd to November 22nd, instead <br />of 90 days. <br />Councilman Henderson moved to grant Closing -Out Sale Permit for sixty (60) day <br />period, beginning Sept. 22 and ending Nov. 22, with it being understood there <br />would be no possibility for an extension being granted, seconded by Councilman <br />Keckley & carried, Councilman Bury voting no. (MINUTE ORDER #67-184) <br />Acceptance of Hoover Swim Pool Project. Acceptance of project recommended by Chief <br />Building Official subject to certain specific conditions as follows: <br />1. Execution of the guarantee and submission of a surety bond as <br />provided in the specifications (General Provisions Art. 33, Page 12) <br />in a form to be approved by City Attorney. <br />2. Reduction of progress payment #11 to the general contractor, <br />Western U. S. Construction by amount of $1,100.00 as payment of <br />$50.00 for each day beyond the time prescribed for job completion <br />as provided in the contract documents. (Prescribed job completion <br />date 7/31/67 - completion date 8/23/67) <br />Communication read from Western U. S. Construction Co., dated September 6th, in <br />which they requested a waiver of liquidated damages relating to allegations of (1) <br />delay caused by City on finalizing contract; (2) 93 working days due to rain and <br />subsequent time consumed for repair of damages caused by rain; (3) claims alleging <br />extra work required by City which had been undertaken and were not a part of the <br />original contract; (4) allegation stating they are still being required to main- <br />tain the pool at considerable expense, even though the project was completed on <br />8/23/67). <br />City Manager clarified points made in the communication, refuting allegations, <br />and advised it was Staff's recommendation to accept the project subject to the <br />conditions above stated. <br />Councilman Keckley moved to accept the project, subject to the bond required by <br />the contract documents, and Staff recommendation, seconded by Councilman Rosselli. <br />Chief Building Official was questioned on allegation made that contractor has <br />undertaken other extra work than that required in the contract, besides still <br />maintaining pool since the project was completed. Mayor Herkner asked that these <br />points be checked specifically when Chief Building Official indicated a check <br />would have to be made. (Memo 9/12/67) <br />Discussion was also held concerning vandalism reported and means by which this <br />could be prevented. City Manager also announced it was intended that swimming <br />pool would be open for free swimming on weekends for the next five or six weeks <br />under supervision by the City. Motion carried. (MINUTE ORDER #67-187) <br />Approval of Preliminary Plans for Rose Garden, Community Park. <br />City Manager's report submitted to Council advised that this proposed project had <br />long been planned over the years and supported by various civic organizations. As <br />was reported also, contributions in the amount of $1,100 have been received, $1,000 <br />,V I, •W <br />