HomeMy WebLinkAbout91-379 - Resolutions RESOI/]I~ON NO. 91-379
A RESOIIIITON OF THE CITY OOUNC/]3 OF THE CITY OF RAN(~O
CTk?AMONGA, CAT.¥FORNIA, FINDING NORDIC DEVELO~ riP. ANY
IN DEFAULT OF T~FrR ~ AG~~ FOR TRACT 11997
AND AUTHORIZING ~ STAFF TO CAUSE THE DEVELOPER'S
AND O[~4PLAH~ ALL ~ ~ AND ODNDITIONS OF
THAT, WHEREAS, Nordic Development Company, hereinafter referred to as
the Developer, desired to develop certain real property in said City as shown
on the conditionally approved subdivision known as Tract 11997; and
WHEREAS, the Developer has entered into an Improvement Agreement with
the City to construct certain required improvements as a condition of said
development; and
WHfRFAS, the Developer has been permitted to construct certain public
improvements including but not limited to the undergrcundirg of existing
overhead electrical and telec~m~u~ication lines and construction of a
C~m~unity Trail along the south side of Hillside, east of Beryl; and
WHfREAS,. the Developer bas failed to complete said undergr~,
trail and other improvements pursuant to the Improvement Agreement and is in
violation of Section 4 of said Improvement Agreement; and
WHEREAS, the City Council, prior to the approval of said Tract, has
determined that undergrcur~3~ of overhead utilities and C~,m~lnity Trail
improvements are necessary for the protection and prc~otion of the public
health, safety, morale, comfort, convenience and welfare pursuant to City
Municipal Code.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
1. ~ne Developer is hereby found in default of the City of Rancho
Cucamonga Improvement Agreement for Tract 11997, City Council
Resolution 87-199, dated May 7, 1987, and Extension, City
Council Resolution 88-380, dated June 15, 1988, Section 4, which
states, "If the Developer fails or neglects to cc~ply with the
provisions of this agreement, the City shall have the right at
any time to cause said provisions to be met by any lawful means,
and thereupon recover from the Developer and/or his surety the
full cost and expense incurred."
2. It is hereby determined that the completion of the
undergrounding of overhead utilities and C~,~unity Trail in
Hillside Road, an existing street, east of Beryl, are essential
to the safety and welfare of the public.
Resolution No. 91-379
Page 2
PASS~D, APPROVfD, and ADOPTfD this 4th day of Dec~, 1991.
AYES: Alexander, Buquet, Stout, Williams, Wright
NOES: None
ABS~gT: None
Dennis L. Stout, Mayor
I, DEBRA J. ADAMS, CITY C~.k~K of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Resolution was duly passed,
approved, and adopted by the City Council of the City of Rancho Cucamonga,
California, at a regular meeting of said City Council held on the 4th day of
De~, 1991.
Executed this 5th day of Dec~, 1991 at Rancho Cucamonga,
California.
Debra J. ~d~ms~/City Clerk