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Home My WebLink AboutAPOLLO MUFFLER 1 A-2005-042B .... " , '" ?>A-i::l 5 'I PAGE 1 OF 23 0", Pwjl. C1~\ ApOLLO MUFFLER & RADIATOR SERVICES, INC. BUSINESS SELF-MOVE AGREEMENT It is hereby understood and agreed by Apollo Muffler & Radiator Services, Inc. ("Claimant") and the City of Santa Ana ("City") that the amount to be paid to the claimant for the relocation of all equipment, stock, inventory, and other items of personal property itemized on the "Certified Inventory" (Exhibit A) and not acquired with the real property is Four hundred Twenty Thousand Two Hundred Ninety Six and 83/100 dollars ($420,296.83). The terms are as follows: 1. No claim for payment shall be honored by the City until the Apollo Muffler & Radiator Services, Inc. has certified that the items listed in the "Certified Inventory" (Exhibit "A") were actually relocated to a replacement site. 2. Ifupon inspection by a representative of the City, any portion ofthe items on the "Certified Inventory" (Exhibit "A") were not relocated, an appropriate reduction in the agreed amount shall be made by the City. 3. The claim for payment must be submitted within eighteen (18) months of the date of moving from the acquired premises. This total relocation payment paid to Claimant cannot exceed the amount as outlined on the Exhibit "B." 4. The claimant shall allow a designated representative for the City to monitor the move as it sees fit, and such monitoring shall not carry with it any liability or responsibility on the part of the City or its representative. 5. Neither the City or any employee, officer, or agent thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Claimant under or in connection with the agreement. It is also understood and agreed that the Claimant shall fully indemnifY and hold the City and their designated representative harmless for any liability imposed by injury or damage to property occurring by reason of anything done or omitted by Claimant in connection with this agreement. 6. All notices, requests, demands and other communications required or permitted to be given under this Agreement shall be in writing and shall either be delivered in writing personally or be sent by regular or certified first class mail, postage prepaid, deposited in the United States mail, and properly addressed to the party at its address set forth below, or at any other address that such party may designate by written notice to the other party: To City: City of Santa Ana Public Works Agency Souri Amirani 20 Civic Center Plaza M-36 Santa Ana, CA 92702 " Apollo Muffler Business Self-Move Agreement Page 2 of 23 With copy to: Apollo Muffler & Radiator Services, Inc. Chris Choumas 1249 W. First Street Santa Ana, CA 92701 7. This Agreement may be executed in counterparts, each of which shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. IN WITNESS WHEREOF, the parties to this Agreement have executed this Agreement as of the date first written above. TENANT: a~ (!Ja/h'/! Chris Choumas ~J:U-t~&hlnJ1 d.a-J' C dace Choumas ;2-3 -ps- Date ~~Y OF W~1k2~ David N. Ream, City Manager ~~~) ~ Patricia E. Healy Clerk of the Council Dated -4~.p S- APPROVED AS TO FORM: Joseph W. Fletcher City Att Y BY: Jos Se . torney '. Apollo Muffler Business Self-Move Agreement Page 3 of 23 Exhibit "A" Certified Inventory Apollo Muffler & Radiator Services, Inc. On May 5, 2004 Kent Jorgensen of Overland, Pacific & Cutler, Inc. (OPe) completed an inventory of the personal property located at 1249 West First Street, Santa Ana, California. Chris Choumas was also present during the inventory accounting and taking pictures. The attached items represent a list of personal property to be relocated to a replacement site (Refer to pages 4 thru 22 of this agreement) Item # Qty Description Movable Personal Property Parking Area PI 1 \ 4-Post above ground Heavy Duty lift Recreation Vehicle Bender, 22,000 ' pound capacity, Ben Pearson Lubemaster Corp., Mdl. IMT22, sIn 35187, 64" long cylinder with 1" dia cylinder shaft, bolted to concrete Front Office P2 1 Service counter, wood, 5' long x 4' high x 2' deep P3 1 Drink Vendor, 7 select, "Pepsi Cola" P4 1 Drink Vendor, "Pepsi" P5 4 Swivel cloth chairs P6 1 Coffee table, 3' square, wood Shop P7 1 Battery charger, 200 amp, 6&12 volt portable, Century P8 1 Shelving, wood, 5 tier, 5' high x l' deep x 3' wide P9 1 Work bench, wood, 10' long x 4' wide x 3' high PlO 4 Wall bracket shelving, woodlmetal, 8' long xl' deep 1 Triple faced grand sign, illuminated, "Apollo Muffler" approximately 10' long x 5'. Sign sits on top ofa 10' high column post. 1 Painted metal sign, "Apollo Mufflers", approximately 24' long x 3' high x 6' 1 Painted metal sign, "Apollo Muffler" approx. 20' long x 3' high x 6' deep PA ~cF l./ 0 F 2..3 " P13 1 Radiator Recovery System 150 gallon capacity, welded steel, Tanks A Lot c/o: flush booth, 150 gallon treatment tank, 150 gallon storage tank, sludge dewatering system, recirculating pump, demand flush pump, and flush gun Pl4 1 4 Post above ground lift, 7,000 pound capacity, Benwil, Mdl. FR7, sIn 42200, bolted to concrete Pl5 1 4 post above ground lift, 12,000 pound capacity, Ben Pak, Mdl. BP-1255, sIn 5482, bolted to concrete Pl6 1 Tool cabinet, 5 drawers, Cornwell P17 1 BufferlSander, 7" production, Dayton, Mdl. 2Z592B P18 1 Welding source with wirefeeder, 150 amps, Miller Mdl. Millermatic 35, sIn JK618700, includes hoses, gauges, face shield, and cylinder P19 1 Pedestal Bufferl Grinder with light P20 1 Bookcase, metal, 4 tier, 3' wide x 5' high P21 8 Transmission jacks, adjustable height P22 1 Utility cart with wrenches, pliers, hanullers, socket wrenches, and P23 1 Portable welder, 100 amps, Lincoln Mdl. SP125, sIn 1016IUl951205585 P24 1 Utility cart A4 'PAGE" 5 0 f- 0.3 Item # Qty Description P25 1 Power source with wiredfeeder, 200 amps, Miller Mdl. Millermatic 250, sIn KJ26684/2, includes tank, hoses, face shield, torch P26 1 Service counter with under shelves, woodlcut glass top, 29" deep x 84" long x 45" high P27 1 Credit card swiper, Tranz 330 P28 I Hydraulic jack, 2 ton capacity P29 1 Cut off saw, 12" diameter P30 1 Work bench, metal, 6' long x 30" deep, includes vise, undershelves, and 5- index drawers P31 I Tool cabinet, 3 drawer P32 1 Muffler rack shelving, tail pipe tubing, 7' long x 2' deep x 10' high, shop P33 1 Heavy duty pedestal vise P34 1 Hydraulic Tail Pipe Bender, maximum tube capacity: 3", 5 HP motor, Huth, Mdl. 2806, sIn 11799, includes rolling base, and die pack P35 1 Metal shelving, tail pipe tubing, 13' wide x 12' high x 2' deep, shop built P36 1 Folding ladder, wood, 8' P37 1 Group of vertical letter file cabinets c/o: 3-4 tier, 1- 3 tier, and 1-2 tier P38 1 Electric typewriter, Smith Corona AS rJ>..G.E (P elf- 0.3 - Item #' Qty Description P39 1 Double pedestal desk NO 1 Rolling hydraulic crane, 2 ton capacity N1 1 Sand blast cabinet, 3' x 2' x 1.5' chamber P42 1 Rolling engine block stand P43 1 Hydraulic Tail Pipe Bender, 1.5"-2,5" capacity, Blue Boy American Machine P44 1 Muffler rack shelving, tail pipe tubing, 1.5" dia" approximately 8' long x 11' deep x 12' high, shop built, includes particle board siding P45 1 Muffler rack shelving, tail pipe tubing, 1.5" dia., approximately 10' long x 2' deep x 6' high, shop built P46 10 21 liter high pressure gas cylinders P47 2 High pressure 20 # C02 cylinders Throughout P48 1 Alarm system P49 1 Telephone system with 3 trunk lines, cIa: I-analog receiver, I-Lucent 'receiver, and I-GE Pro series receiver with display P50 1 Miscellaneous group of office furniture cIa: 4-folding aluminum chairs, 4- stacking chairs, I-Sparkletts water dispenser, 1-7' wood picnic table, 2- household microwaves, 1- 8 cup coffee maker, I-waist high refrigerator, 1-7' wood work table, 1- barstool A6 l>MoE 7 D~ .).3 Certified Inventory Miscellaneous Lots & Inventory May 5, 2004 Item Description No. Lot A Misc, mufflers and parts LotB Misc. gaskets, lubricants and parts LotC Misc. mufflers and parts LotD Misc, muffler system piping and mufflers LotE Files, mufflers and recyclable materials Lot F Mufflers LotG Misc drums and cans of lubricants and chemicals LotH Misc. exhaust systems and mufflers Lot I Misc supplies above interior office Lot J Misc. mufflers and supplies LotK Junk radiators, lubricants and chemicals LotL Radiators LotM Misc. exhaust systems LotN Mise supplies LotO Misc. parts and supplies PA{,e- 8 Cl ~ 0.3 Item P II & P 12 air compressors, Item P46, high pressure gas cylinders Item P 13, radiatorrecovery system Item P14, 7000# capacity 4 post above ground lift, PI5-12000# 4 post lift above ground lift Item 16, double post 12000# capacity in-ground lift VAGE 9 ..{.;l3 Item P 16, 5 drawer tool cabinet, Item P 17, buffer/sander, Item PIS, Millermatic 35 welder/wirefceder, Item P 19, pedestal buffer/grinder Item P23 portable Lincoln 100 amp welder, Item P24, utility cart .~-' Item P32 muffler rack shelving, Item P34, 3" capacity Huth tail pipe bender, Item P35, Metal shelving Item P26 service counter 'PAGf' 10' C>~ 013 I . Item P43, 2,5" capacity Blue Boy tail pipe bender Item 18, enclosed office, Item P50, misc, group of office furniture Item P40, 2 ton capacity hydraulic crane, Item P41, sand blast cabinet, Item P42, rolling engine stand, P44 & P45 muffler rack shelving Item P48 alarm system 'PAC,E " .. {. ,;),3 . Apollo Muffler & Radiator Specialtv Eauipment --~ ~~u~ PA6e'" I;). c:> f d. 3 Apollo Muffler & Radiator Customer Waitiol! Room 'f$.~~, ~~ I .... ~ 'PA<<>/? /3 (:) ~ a3 Apollo Muffler & Radiator Individual Work Stations .- ;c, PI>.coE /If ".fI ~3 Apollo Muffler & Radiator I :t , ; , , 1 l, ~: '". ~ { 1 ' ft '1 % \ll , Interior Office I~ ,', ~ ... ...... .. ,~\""':~J!" -;...,.""-~:i~~~:;;;;i;,, PA6€ /5 o~ a3 Apollo Muffler & Radiator Outdoor "oversized" vehicle hoist A PAGE' ,It, c>.p ~3 Apollo Muffler & Radiator Radiator Room for drainine. cleanine and hazardous collection :J, :P , PA be'" I 7 ,,~ a3 Apollo Muffler & Radiator ExistiUl! Electrical i ! ;!' -' , r ! " lie; " _:t;. ji , ~"P:..~~J ~ '1" ~ E. -....... . ..'if' ~~ I, :l , ' ~ . j " ""( I - . PAG.c I B ,,~ ~3 Apollo Muffler & Radiator Air and Acetylene transport systems . ,";" . ", ..~'. "1, II "', "l ..-.-"'-.----.. pA{"E" J q {) ~ ~3 Apollo Muffler & Radiator Lots of Parts. Supplies. Miscellaneous items _NIt "'_/11 . . .',.:1 " ;'. ,f" I"~ :,r\ Lot A LotB LotC LotD ~. '.. .1 f LotE LotF 'PAbE 20 0 ~ a3 : Apollo Muffler & Radiator Lots of Parts. Supplies. Miscellaneous items " LotM LotN r ~.11'IT!i~ H~" ..:W I:!.. ,. .-... -.. ~ i'I~"""'-"-.~ ; j'j,{-,.. i~-:~f'.r- ~ ik::;: "' Lot 0 ?AbC ~ I O~ d3 Apollo Muffler & Radiator Lots of Parts. Supplies. Miscellaneous items ~", " 1 " LotI LotH LotJ LotK LotL PA~t: ..?~ 0 t a3 , : Apollo Muffler Business Self-Move Agreement Page 23 of 23 Exhibit "B" Bid Proposal Apollo Muffler & Radiator Services, Inc. Description Amount Refer to Gates Develonment Co, 11/1/04 bid proposal (see page 24) $407,796.83 Moving Exnenses - Gates Estimate $407,796,83 Replace existing letterhead, business cards, envelopes, obsolete advertising $2,500.00 TOTAL MOVING EXPENSE $410,296.83 RE-EST ABLISHMENT EXPENSE $10,000.00 TOTAL RELOCA nON PAYMENT $420,296.83