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70R-340 RES(DLUTION NO. 70R-340 _.~_._..----_..._--_..__._- .~ A RESOLUTI(DN OF TilL CITY COUNCIL OF THE CITY OF Al'J!HLIl/I APPROVI1JG 'TdE 'I'I::r~NS AND CONDI'I'IONS . OF A UTILI'I'IES RELOCl'.tI'I01~ AGHl::EULNT WI'.L'L r":"IL, mU.i. Gi2; COUi/l'Y FLOOD CC(LJrfF(OL DI$'Ir:.ICrr l\i:~~'L; l\.U~;I-~O}~IZI:'JG rrlIE L11\YOR .Al~D tri'Y CLEr~i'\ TO EXECU'l'E SIiID AG HEEjyililJ'I . \vII:E:R.EAS. CJ[rIY and 0ISTlucr are both parties to an agreement "vith the State of California Division of Highways providing for the construction of Chantilly Storm Drain by the State as part of state's Route 57 (Orange Freeway) construction between Ball Road and Miraloma Avenue, which agreement provides, among other things, that cr;:'y and DIS'l'RIC'l' are to share the costs of relocating utilities in the way of said storm channel; and VJHElllii'~S, c;t:rI'Y ovms the following facilities which vdll require relocation for construction of Chantilly Storm Channel, as shown marked in red on Exhibits A and B, attached hereto and by reference made a part of this agreernent: (1) 12" (2) 21" ( 3) 10 " \-'J @ \:'if @ VI A Station 37+66, 110'+ SIO CIL Wagner Ave. (Exh. B) Station 39+96, 107'+ N/O CIL Wagner Ave. (Exh. B) Station 64+38, l02'~ SIO CIL South St. (Exh. A) NOW. THEREFOP~. BE IT RESOLVED that the City Council of the City of Anaheim hereby approves said agreement on the follow- ing terms and conditions: I. CITY agrees to relocate, in a manner which will clear the construction area of Chantilly Storm Channel with its own forces or its employed contractor, the three pipelines identified in paragraph above, and \vill coordinate such work with the State's freeway and Chantilly Storm Channel construction in a manner which will result in the lowest possible relocation costs. II. The estimated cost of relocating these pipelines is: t' 1,964.00 12 "~'J at Sta. 37+66+) .:;> , $ 5,360.00 , 2l"W at Sta. 39+96+) $ 1,853.QO , 10liW at Sta. 64+38 (South Street) $ 9,178.00 Total estimated cost III. DISTRICT agrees to pay one-half (50%) of the actual total relocati~n costs incurred by CITY, and will reimburse CITY within 30 days after receipt of four copies of a properly itemized invoice setting out the total material, labor, equipment, engineering, overhead and administrative costs to CITY, and upon certification by DISTRICT's Rep- resentative that the relocation work has been satis- factorilly completed. ~,.;.""",," IV. CITY agr~es to request and DISTRICT agrees to furnish a Representative for the relocation work. CITY agrees to -1- --""''>=''''''''...-------- notify Mr. R. M. Brazil, DISTRICT's Chief Construction Inspector, phone 714-534-0336, at least 72 hours prior to starting relocation work. If CITY requests survey datum and other field informa- tion, due #0 the non-availability of State survey parties fo~ that purpope, DISTRICT will provide such field infonmation. V. By reason Qf the fact that CITY agrees to relocate the pipelines Concerned with its own forces or its employed contractors, and in consideration of the payment to be made by DISTRICT hereunder, CITY hereby releases DISTRICT from any and all claims for damages to CITY's property which may arise directly or indirectly from said relocationworkr it being understood, however, that this release does not run to any injury or destruction of CITY's property which may result from other construction work carried on in connection with the channel project as a whole. BE I'l' FURrl'HBj-~ :RESOLVED that the City Council of the City of Anaheim hereby authorizes the Nayor and City Clerk to execute said agreement on behalf of the City of Anaheim. THE FOREGO]NG liliSULU'I'IOi is signee. and approved by me this __~~t~_ _ _day of _____!~~_~___~_._..' 1970. /--_.-_.~ . .1; - C-~ J CLI. ~ IFQAN'c(AH~;PEI/: .. _ ~~~~Oj ~ . . ATTEST: ,ft"" \ ,'. ,---- '1 Y ~ )1 ~~1--/ ___. CI CLERK OF THE~Y=~IM ARW:kw:6/ll/70 -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s . CITY OF ANAHEIM ) - I, DENE M. WILLIAMs, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-340 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 30th day of June, 1970, by the following vote of the members thereof: A YES : COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-340 on the 30th day of June, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 30th day of June, 1970. 4. )J( 2~ TY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-340 duly passed and adopted by the Anaheim City Council on June 30, 1970. J ' ~ . / /~__-M!_);( L~"~-./ City Clerk -