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Home My WebLink AboutCC Res 5729 2008-05-27 RESOLUTION NUMBER 5729 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA RATIFYING THE ACTION OF THE CITY MANAGER APPROVING AMENDMENT NUMBER ONE WITH DCOR, LLC REGARDING RIGHTS AND RESPONSIBILITIES ASSOCIATED WITH DCOR'S USE OF THE SEAL BEACH PIER WHEREAS, on July 1, 2006, City and DCOR entered into an agreement I ("Agreement") granting to DCOR certain landing rights on the Seal Beach Pier ("Pier") and other privileges subject to the terms and conditions of the Agreement; WHEREAS, the Agreement requires DCOR to maintain insurance for and indemnify City against damages, losses and costs arising out of DCOR's operations and activities under the Agreement; WHEREAS, on February 24, 2008, the Pier was damaged during a storm (the "Incident"); WHEREAS, City has suffered damages and losses and incurred costs due to the Incident; WHEREAS, On February 26, 2008, professional engineering firm Moffatt & Nichol ("M&N") inspected the Pier and issued two reports dated February 27, 2008 and March 6, 2008, recommending repair of the Pier; WHEREAS, City has paid M&N $11,233.26 for the cost of its inspection and reports; WHEREAS, City has incurred the cost of $12,000.00 for removal of wedged and floating debris ("Clean-up Costs"); I WHEREAS, by separate agreement dated April.., 2008 (the "Emergency Repair Agreement"), City has engaged the services of John S. Meek DCOR, Inc. ("Contractor") to repair the Pier; WHEREAS, DCOR has agreed to pay the costs associated with the Incident, as previously evidenced by various electronic mails, including, but not limited to, an electronic transmission dated March 18, 2008, subject to certain terms; and WHEREAS, pursuant to prior Council authorization, the City Manager executed Amendment Number One on May 5, 2008 to expedite Pier repairs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: ' Section 1. The City Council approves Amendment Number One with DCOR, LLC regarding rights and responsibilities associated with DCOR's use of the Seal Beach Pier. Section 2. The City Council ratifies the action of the City Manager approving said I Amendment Number One. Resolution Number 5729 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 27th day of May. 2008 by the following vote: AYES: Council Members ~/~/f){fJlu IJJut~/ ~ NOES: Council Members ~I ABSENT: Council Members ~ I ABSTAIN: Council Members ~f ~~ Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } ~~. I ~I Cit Clerk ~. ~ ity Clerk I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5729 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 27th day of May , 2008. [l~ .. " .' I " ~ ...oA.'. I