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WHEREAS, said alleged noncompliance with respect to the City includes <br />failure to construct the Replacement improvements by the deadline established <br />by the Permit; and <br />WHEREAS, in order to mitigate damages, including imposition of fines <br />and sanctions by BCDC for failure to comply with the foregoing requirement, the <br />City has agreed to construct the Replacement Improvements by June 30, 2001; <br />and <br />WHEREAS, the reasonable time required to construct the Replacement <br />Improvements is sixty (60) days; and <br />WHEREAS, there is insufficient time formally to advertise for bids for the <br />construction of the Replacement Improvements in order to meet the aforesaid <br />schedule and thereby to mitigate damages and sanctions; and <br />WHEREAS, the Department of Community Development Services has <br />solicited not less than three (3) bids without formal advertisement for the <br />construction of the Replacement Improvements; and <br />WHEREAS, this Council desires to approve and ratify the execution of an <br />agreement with the lowest responsible bidder for the construction of the <br />Replacement Improvements as hereinafter described; <br />NOW, THEREFORE; <br />BE IT RESOLVED BY THE COUNCIL OF THE CITY OF REDWOOD <br />CITY, AS FOLLOWS: <br />Reso -1146 2 <br />Vsh/shVedwooftounci I <br />DES:rg <br />05/01/01 <br />14226 <br />