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1964/08/17 City Council Resolution 1881 RESOLUTION NO. 2 RESOLUTION APPROVING AGREEMENT ARGONAUT CONSTRUCTORS_ 3 4 BE IT RESOLVED BY.,: THE COUNCIL OF THE CITY OF RDHNERT 5 PARK THAT THAT CERTAIN AGREEMENT BETWEEN THE CITY OF RDHNERT PARK 6�lAND ARGONAUT CONSTRUCTORS9 A COPY OF WHICH IS ATTACHED TO AND MADE 7 A PART OF THIS RESOLUTION,, B67':AI9Q',TH9 ,SAME:--LS KEREBY -kPRRQVED- -AND T6 8 MAYOR IS AUTHORIZED AND DIRECTED TO EXEUCTE SAID AGREEMENT FOR AND 9 ON BEHALF OF THE CITY OF RDHNERT PARK. 10 IN COUNCIL DULY'PASSED THIS DAY OF AUGUST, 1964. 11 AYES:, _ -- C I TY OF _.Q Hi \'_RT P : 12 NOES.- B*_ MAYO R 13. ABSENT:, -, 14 15 ATTEST: CITY CLERK 16 17' 18 19 20 21 I 22 23 24l 2-5 26 27 28 29 1; 30 31� 3211 ' I %XWELL D AT LAW NO AVE. CALIF. • 1982 I 1 2 3 4 5 6 7 8 9 10. 11 12 13- 14 15 16 I 171 18 19 20 21, 22 23 24 25 26 27 28 29 30 31 32 NOTE. MAXWELL & HOOD ORNEYS AT LAW MENDOCINO AVE. TA ROSA. CALIF. BERTV 2 -1982 I� C Rki-DWiENT THIS AGREEMENT ENTERED INTO THIS DAY OF AUGUST, 1964 IN THE CITY OF ROHNER? PARKN COUNTY OF SONOMA, STATE OF CALIF- ORNIA BETWEEN ARGONAUT CONSTRUCTORS, A CALIFORNIA CORPORATION* HEREINAFTER REFERRED TO At "ARGONAUT ", AND THE CITY OF ROHNERT PARK, A MUNICIPAL CORPORATION$ HEREINAFTER REFERRED 70 AS "CITY ". WITNESSLTH: WHEREAS ARGONAUT AND THE C -TY 010 ON OR ABOUT THE 28TH DAY OF MAY, 1964 ENTER INTO A CONSTRUCTION AGREEMENT WHEREIN ARGONAUT AGREED TO CONSTRUCT FOR THE CITY THE WORK OF PUBLIC IMPROVi MENT KNOWN AS SANITARY SEWAGE PROJECT 1964 --19 AND WHEREAS THE PARTIES HERETO AGREE THAT SAID CONTRACT SHALL c BE AMENDED AND SUPPLEMENTED PURSUANT TO THIS AGREEMENT. Now THEREFORE IT IS AGREED AS FOLLOWS: i 1, THE PARTIES HERETO ACKNOWLEDOB THAT PURSUANT TO INC I CONTRACT ENTERED INTO BETWEEN ARGONAUT AND THE CITY, DATE MAY 28, 11 ARGONAUT AGREED TO COMPACT THE SEVER TRENCH LINE TO BE CONSTRUCTED AND INSTALLED PURSUANT TO SAID AVI EtNENT :Y FLOODING AND JCTT1NG SAID TRENCH LINE. THE CITY AGREES TO WAIVE THE REQUIREMENT OF SAID AQREEMENT THAT SAID SEWER TRENCHES BE COMPACTED BY FLOODING AND JETT I NQ 2. IT IS THE UNDERSTANDING OF THE PARTIES HERETO THAT THE COMPACTION OF SAID SEVER TRENCHES WILL BE ACCOMPLISHED BY PERMi" TING SAID TRENCHES TO SETTLC DURING INC WINTER MONTHS OF 1964 - 196! j. IN CONSIDERATION OF THE CITY'S AGREEMENT TO WAIVE THE REQUIREMENT OF COMPACTION BY FLOODING AND JETTING OF SAID SEVER TRENCHEI:# ARGONAUT AGREES TO RETURN TO THE PROJECT AREA NOT LATER THAN JUNE 30, 1965 AND TO REFILL AND REGRADE SAID SEWER TRENCHES IN A MANLIER SATISFACTORY TO MILTON Huoi S, ENGINEER OF THE WORK OF SAID PROJECT& -1 - r& 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26: 27 28 29 30 31� 32 [OTT. MAXWELL DRNHYS AT LAW .IENDOC=WO AVE. YA ROSA, CALIF. 3SRTV 2 -9382 4. ANao*AvT AORtha. Td 1►R13w i fit Tat CI i v or Rom*cRT PAR,, WITH A PtItFORMAl109 RAND IN Twt AMOONT Of $5#WO 1 63WCD RT A OULV tSTA911 0"40 SURIF.TT IN FORM AI+Ip Ta THE (;1 TT* $At* 1►t*FQRMAN$g, $0010 TO OVARANTgg T19 094F@RMAN09 DT ilRSONAair Or TIM ►"0111 Q! I #118 or 'Twi a A40E9MENTO INVITNESS WHEREOF T11E ►ARTIta MAVt acT TMEIR MAIIQ ,Ar ±L, SEAL AT THE TIME ANA PLA09 FIRST SET FORTH AAgtlt. ITv CLERK - Im CITY OF RONNERT PARK NIT / AVOI� ARGONAUT CONSTRUCTORS* A CALIF- ORNIA CORPORATION By I 1 AGREEMENT 2 31 THIS AGREEMENT ENTERED INTO THIS / DAY OF AUGUST, 411 � 1964 IN THE CITY OF ROHNERT PARK, COUNTY OF SONOMA, STATE OF CALIF - I, jiIORNIA BETWEEN ARGONAUT CONSTRUCTORS, A CALIFORNIA CORPORATION, i 6 HEREINAFTER REFERRED TO AS "ARGONAUT ", AND THE CITY OF ROHNERT PARKI 71 A MUNICIPAL CORPORATION, HEREINAFTER REFERRED TO AS ticITY". 11 8'1 9 WITNESSETH: 10' WHEREAS ARGONAUT AND THE CITY DID ON OR ABOUT THE 28TH 11 %DAY OF MAY, 1964 ENTER INTO A CONSTRUCTION AGREEMENT WHEREIN 12 ARGONAUT AGREED TO CONSTRUCT FOR THE CITY THE WORK OF PUBLIC IMPROV$-- 13IiMENT KNOWN AS SANITARY SEWAGE PROJECT 1964 -11 AND 14'' WHEREAS THE PARTIES HERETO AGREE THAT SAID CONTRACT SHALL 15.8E AMENDED AND SUPPLEMENTED PURSUANT TO THIS AGREEMENT. 16 NOW THEREFORE IT IS AGREED AS FOLLOWS: 17 1. THE PARTIES HERETO ACKNOWLEDGE THAT PURSUANT TO THE 18 CONTRACT ENTERED INTO BETWEEN ARGONAUT AND THE CITY, DATE MAY 289 1964, 1 9 !ARGONAUT AGREED TO COMPACT THE SEWER TRENCH LINE TO BE CONSTRUCTED 20. AND INSTALLED PURSUANT TO SAID AGREEMENT BY FLOODING AND JETTING J I 21i•SAID TRENCH LINE. THE CITY AGREES TO WAIVE THE REQUIREMENT OF SAID 22-[1AGREEMENT THAT SAID SEWER TRENCHES BE COMPACTED BY FLOODING AND ,1 1 23 �IJETT I NG. I 24(1 2. IT IS THE UNDERSTANDING OF THE PARTIES HERETO THAT 25 THE COMPACTION OF SAID SEWER TRENCHES WILL BE ACCOMPLISHED BY PERMIT 26 TING SAID TRENCHES TO SETTLE DURING THE WINTER MONTHS OF 1964 - 1965. 27+ j. IN CONSIDERATION OF THE CITY'S AGREEMENT TO WAIVE THEI 28 REQUIREMENT OF COMPACTION BY FLOODING AND JETTING OF SAID SEWER 2%TRENCHES, ARGONAUT AGREES TO RETURN TO THE PROJECT AREA NOT LATE Ik 2% TRENCHES, at such earlier dates as directed by the CT 30 THAN JUNE 30, 1965/AND TO REFILL AND REGRADE SAID SEWER TRENCHES i!4 311 �A MANNER SATISFACTORY TO MILTON Huois, ENGINEER OF THE WORK OF SAID i' 321PNOJECT. i ITT. MAXWELL & HOOD RNEYS AT LAW 11 ENDOCINO AVE. i RO #A, CALIF. w V 2 -Ip82 1 4. ARGONAUT AGREES TO PROVIDE THE CITY OF ROHNERT PARK 2 WITH A PERFORMANCE BOND IN THE AMOUNT OF $5,000 ISSUED BY A DULY 3iESTABLIBHED SUR[TY COMPANY�'(SATISFACTORY IN FORM AND TO THE CITY, , I 4i I SAID PERFORMANCE BOND TO GUARANTEE THE PERFORMANCE BY ARGONAUT OF 511THE PROVISIONS OF THIS AGREEMENT. I 6� IN WITNESS WHEREOF THE PARTIES HAVE SET THEIR HAND AN � D 7 'SEAL AT THE TIME AND PLACE FIRST SET FORTH ABOVE. 8'` I li 9 .I CITY OF ROHNERT PARK 10 11 BY I-lAyOR 12 i� 13 li I� 14 I 15 l 16 !'ATTEST: ITY ULERK 18� 19� 20� 21 I 221 23 2411 25� 26 27, 281 29 30 311 32 I MAXWELL I OO D V • AT LAW OCINO AVE' )"A. CALIF. 4 4• 1062 ARGONAUT CCNSTRUCTORS, A CALIF- ORNIA CORPORATION a BY EGG ``