Reso 1996-041 to 045 - Laserfiche WebLink

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1. Subject to the limitations set forth below, City shall carry out, or caused to be carried out, and administer the design, specifications, bid, construction, survey, inspection and administration of a single storm drain line from the existing storm water inlet at 1815 Williams Street near Highway 880 through the Property and through adjacent private property on Merced Street and Abram Court to the Alameda County Flood Control facility on Merced Street ("Project"). City shall have the exclusive right to determine the schedule for the Project. City agrees to attempt to obtain consensual easements from adjacent property owners prior to incurring acquisition costs. 2. Subject to Section 3, below, Golden Gate Seafood shall pay thirty percent (30 %) of the actual total Project cost. The actual total Project cost shall include all costs and charges related to the acquisition, design, environmental compliance, specifications, bid, construction, survey, inspection, delay, overhead and administration of the Project, which total cost shall be determined at the conclusion of the Project. Should a private property owner be offered the right to connect to the storm drain in exchange for the granting of an easement, this "connection right" shall not be valued for the purpose of determining total Project cost. At the conclusion of the Project, Golden Gate Seafood shall be entitled to review business records in possession of the City regarding the Project to determine the accuracy of the actual total Project cost. Such review shall take place after notice to the City at the City Hall of the City of San Leandro, 835 East 14th Street, San Leandro, during normal business hours. 3. As valuable consideration for this Agreement, Golden Gate Seafood tenders, and the City accepts, a cashier's check, or its equivalent, in the amount of Seven Thousand 3991001\202005.4 2