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pathway with observation decks. However, the Gossamer Isle Owner's Association <br /> sued BCDC, the City, Wadng Construction, and the Gossamer Isle Subdivision <br /> developer regarding BCDC's requirements. The lawsuit, which is still pending, also <br /> involves claims by the Owners' Association against Waring that are not related to the <br /> BCDC permit. <br /> <br /> Because of' the lawsuit involving the contractor and the City, special counsel (David <br /> Schricker, Esq.), recommends that acceptance of the project shall be subject to a <br /> stipulation between the contractor and the City reserving all rights, and that the <br /> acceptance is without prejudice to their respective interests. The acceptance, therefore, <br /> should be subject to receipt of such a stipulation signed by the attorney for Waring and <br /> special counsel. As of the preparation of this Report, Mr. Schricker confirms that <br /> Waring's attorney has verbally agreed to the condition. <br /> <br /> Next Steps <br /> If City Council accepts the project, staff will move forward to close it out. The material <br /> and performance bonds will be released, and the retention monies will be paid to the <br /> Contractor. Acceptance also will commence the standard one-year warranty pedod. <br /> <br /> Fiscal Impacts <br /> Funds for this project, including the Change Order were available in the 2001-02 <br /> Capital Improvement Program budget for this project, under the Levee Improvement <br /> Project of the General Improvement District 1-64 and.has been encumbered. <br /> <br /> S. Pe~r V-orametsanti ~e/I/Pa~tterson Ed Everett <br />-b-"~ior Civil Engineer~/Manager, Engineering & Construction City Manager <br /> <br /> SPY:ss' <br /> S/11brary/reports/Peter/Acceptance_Levee BCDC obse/yation decks <br /> <br /> <br />