RES 79095 - Laserfiche WebLink

WHEREAS , WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, CITY COUNCIL OF THE CITY OF PLEASANTON ALAMEDA COUNTY, CALIFORNIA RESOLUTION NO. 79-95 A RESOLUTION AUTHORIZING THE TERMINATION OF THE OCTOBER 9, 1972, AGREEMENT BETWEEN THE CITY OF PLEASANTON AND THE GRAVEL PRODUCERS on October 9, 1972, the City of Pleasanton entered into an agreement with California Rock and Gravel Company; Kaiser Industries, Inc.; Lone Star Industries, Inc.; and Rhodes and Jamieson, collectively referred to as gravel producers; and said agreement, attached hereto as Exhibit A and incor- porated by reference herein, permitted the gravel trucks to use the Stanley Boulevard-First Street-Sunol Boulevard corridor to reach 1-680; and said agreement contains two paragraphs regarding termination, paragraphs 8 and 13; and paragraph 8 provides that if circumstances arise, unforeseen in 1972 with respect, but not limited to, traffic congestion or hazard, noise, dust, or damage to City streets attributable to use thereof by producers of substantially greater magnitude than existing when the contract was executed, either party may terminate upon 90 days notice; and paragraph 8 also states, "Nothing herein shall be construed to limit the right of the City to exercise those police powers relating to public health, safety and welfare which cannot lawfully be relinquished by contract;" and paragraph ~3 provides for termination of agreement due to default by the party; and paragraph 7 of the agreement provides that "Producers agree in cooperation with City and County, to proceed immediately to encourage construction within five (5) years of a public road between Interstate 580 and Stanley Boulevard;" and paragraph 6 of the agreement states, "Each to furnish quarterly and annual reports of volume to the City;" and producer agrees its traffic WHEREAS, each of the Producers have failed to provide the quarterly and annual reports as required; and