HomeMy WebLinkAbout1989-06-06; City Council; Resolution 89-176a. n
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RESOLUTION NO. 89-176
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING A SETTLEMENT AGREEMENT WITH SOUTHLAND PAVING, INCORPORATED, REGARDING IMPROVEMENTS TO ELM AVENUE AND EL CAMINO REAL, PROJECT NO. 3230
5 11 WHEREAS, the City Council of the city of Car1: 6/1 California, did on August 2, 1988, adopt Resolution NO. 8
7 // accepting the construction of improvements to Elm Avenue ea 8
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El Camino Real , Project No. 3230, as complete and directed
Clerk to record the Notice of Completion; and
lo I/ WHEREAS, this project was completed by the
'l// Contractor, Southland Paving, Incorporated, 111 calendar
l2 11 beyond the project contract completion date due to matters
131! the sole control of said contractor; and
14 11 WHEREAS, as provided for in project contract docu
15// and specifications for said project, the assessmen
l6 11 liquidated damages for late project completion was made ag
I'i' j/ the prime contractor by City; and
l8 I1 WHEREAS, counsel representing said contractor an'
19 11 I Car-sbad City Attorney's Office have negotiated a resoluti
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outstanding issues and claims regarding this matter; and
WHEREAS, a Release and Satisfaction Agreement provic
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full release and discharge to the parties of said agreemer
been prepared; and
24 11 WHEREAS, said Release and Satisfaction Agreement i'
25 11 and equitable to both parties, and the approval of whick
26 11 matter of public benefit and necessity by avoiding expensi.
27 11 protracted litigation between the parties.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad, California as follows:
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1. That the above recitations are true and correct.
2. That a Release and Satisfaction Agreement bet
the City of Carlsbad and Southland Paving, Incorpori
regarding improvements to Elm Avenue and El Camino Real, Prc 5
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No. 3230, has been prepared and is hereby accepted.
3. That the City Clerk is hereby authorized
directed to record said agreement and forward copies of
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recorded document to the City Attorney's Office, the Muni
Projects Department and Mr. Robert J. Marks, Marks and G
Attorneys at Law, 8555 Aero Drive, Suite 208, Sari D
l1 ll California, 92123.
l2 I1 4. That the Finance Director is hereby authorize1
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directed to prepare a check in the amount of $49,00
Southland Paving, Incorporated, following the acceptance of
agreement to be forwarded to said firm at 361 North Hale AV
l6 I/ Escondido, California, 92025. 17
18 PASSED, APPROVED AND ADOPTED at a regular meeting o
19 I Carlsbad City Council held on the 6th day of June
1989 by the following vote, to wit: 20
21 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and L;
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NOES: None
ABSENT : None
~ ATTEST:
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(SEAL) 28
ALETHA L. RAUTENKRANZ, Citywlerk