BOOK 26_1955-11-28 to 1957-06-17

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234 These deeds are generally described as follows': 1. Grant Deed No. 15482 covering approximately 2.225 acres across the Sewage Treatment Plant property at Steinberger Street, for which the State is offering the sum of $24,670.00. 2. Grant Deed No. 10466-1 and 10466-2 covering six parcels now occupied by the City Paint Shops, a residence, and private garage, and certain Water Department facilities, northeast of Bayshore Highway and Harbor Boulevard, comprising approximately 3.515 acres. For these parcels the State is offering $38,100.00p plus a deed to a parcel of land approximately fifty feet (501) by one hundred feet (100'* at the southwest corner of Bayshore Highway•and National Avenue, now leased by the City for the Corporation Yard use. It is our recommendation that these documents be referred to the Real Estate Committee and the City Attorney for proper appraisal and recommendation. It is our opinion that the following conditions should be considered which are not outlined in the documents submitted. 1. The City should retain all existing rights for underground construction, maintenance, and operation for existing and future underground facilities. 2. Necessary costs of relocation of existing City facilities should be borne by the State Highway Department. 3. .The City should rtain all access rights to the property which may be necessary for the construction, maintenance, and operation of any existing or future required underground facilities. It is understood that the City will waive'surface access rights to the freeway property insofar as ingress and egress for traffic purposes is applicable, but the City should not waive*access rights for necessary construction, maintenance, and operation of the under- ' ground facilities which might be necessary to be performed form the surface of the property in question. It is noted that the State requires that the City release•and relingquish to the State any and all abutter's rights, including access rights appurtenant to the grantor's remaining property in and to said freeway which condition should be referred -to the City Attorney for proper advice. The City should also be protected against arq liability for violation of any of the conditions under which the original property was granted to the City to make sure that the City did not lose any rights now held, particularly in Steinberger Street and Harbor Boulevard. Copies of the maps are attached showing property to be acquired by the State. The Grant Deeds and Right of Way Contracts are on file in the Engineering Department and available to the City Council and City Attorney. Respectfully submitted, Glenn M. Jain, City Engineer Councilman Britachgi moved that the report be approved and the recommendation be accepted, seconded by Couhcilman Weiss and carried. CITY ENGINEER RECOMMENDATION ACCEPT PARKING LOT VII, 0. C. JONES & SONS. OF PENALTIES AGAINST CONTRACTOR. City Engineer Jain recommended acceptance of improvements in Parking lot VII, construction by 0. C. Jones & Sons, subject to correction of any defects in materials and workmanship which may appear within one year from the date of acceptance by the City Council. The final progress estimate for this project has not been approved by the contractor. This project required sixteen working days beyond the allowable time limit after adjustments made by this office for unavoidable delays. The agreement between the City and the contractor specified a penalty of $100 per day for each working day required beyond the specified number of working days, plus the actual cost of inspection during this overtime period. ' The Engineer's records show that the following penalties are in order, unless waived by the City Council: 16 days unauthorized extension at $100 per day $1,600.00 ' Additional inspection charges 425.60 Total $22025.60 Councilman Britschgi moved that the parking lot be accepted, seconded by Councilman Weiss and carried. Councilman Britschgi stated that every method should be made to collect the money and the man should be given a change to meet with the Council. Councilman Britschgi moved that a meeting be set to meet with Jones & Sons to discuss this matter, seconded by Councilman Granger, Councilman Stout asked the City Attorney if he feels that this is the proper approach and hear Mr. Jones remarks. City Attorney Currie did not see why they should not talk over this matter with Mr. Jones and since this contract was not drawn up by his office he wanted the chance to check the contract to see if the Council could applya penalty. The -motion carriedo k� 9 I