HomeMy WebLinkAbout91-156 - Resolutions RESOLUTION NO. 91-156
A RESOLLTi~ON OF ~HE CITY COUNCIL OF THE CITY OF RANCHO
DEFAULT OF THRTR ~ AGR~ FOR TRACT 13886
AND PARCEL MAP 11394, AND AT3IT~RIZING LT~AL STAFF TO
CAUSE THE DEVELOP~'S SURETY OC~PANY TO CORRECT EXISTING
THAT, WHEREAS, The Barmakian Company, h~_reinafter referred to as the
Developer, desired to develop certain real property in said City as shown on
the conditionally approved subdivision known as Tract 13886 and Parcel Map
11394; and
WHEREAS, the Developer ba~ entered into an Improvement Agreement with
the City to construct certain required improvements as a condition of said
develoE~ent; and
WHEREAS, the Developer b~ been permitted to construct certain public
improvements including but not limited to storm drain and sewer pipelines and
structures in Base l.lne Road between Victoria Park Lane and Etiwand_ a Avenue,
an existing street;- and
WHEREAS, the Developer barn failed to c~L~lete said storm drain and
sewer pipelines and other i~provements pursuant to the Improvement Agreement
and is in violation of Section 4 of said Improvement Agreement; and
WHerEAS, the completion of the storm drain and sewer pipelines and
structures are a prerequisite and essential to the c~L~letion of the north
road bed of Base T.ine Road between Victoria Park Lane and Etiwanda Avenue and
hence the completion of the traffic signal installations at the intersections
of Base Line Road at Victoria Park Lane and Base Line Road at Etiw~nda Avenue;
WHEREAS, the City Council, prior to the approval of said Tract and
Parcel Maps, has determined that the widening and improvem~_nt of Base Line
Road from Victoria Park Lane to 1-15 including the traffic signal installa-
tions at Victoria Park T ane and Etiwanda Avenue is necessary for the
protection and promotion of the public health, safety, morale, cc~fort,
convenience and welfare pursuant to said Code and entered into a contractual
agreement with Gentry Brothers, Inc., a general engineering contractor, to
cause said widening and improvem~_nt of Base Line Road.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
Resolution No. 91-156
Page 2
1. The Developer is hereby found in default of the City of Rancho
Cucamonga Improvement Agreement for Tract 13886 and Parcel Map
13394, City Council Resolution 90-055, dated February 2, 1990,
and Extension, City Council Resolution 91-004, dated January 2,
1991, Section 4, which states, "If the Developer fails or
neglects to comply 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 _me~_ns, and thereupon recover from the
Developer and/or his surety the full cost and expense incurred."
2. It is hereby determined that the cc~pletion of the widening and
i~provement of Base Line Road, an existing street, from Victoria
Park Iane to 1-15 including traffic signal installations at
Victoria Park Lane and Etiwmnda Avenue is essential to the
safety and welfare of the public and that the cc~pletion and
acceptance of the storm drain and sewer pipelines and structures
not completed by the Developer is a prerequisite to the
cc~pletion of the widening and improvement of Base L~ne Road.
3. It is hereby determined that the storm drain and sewer pipelines
and structures not c~pleted by the Developer are within the
limits and scope of work defined by the contractual agreement
between the City of Rancho Cucamonga and Gentry Brothers, Inc.,
a general engineering contractor.
4. The City shall by any lawful means, pursuant to said Improvement
Agreement and said Municipal Code, reoover frc~ the Developer
and/or his contractor and/or his surety all cost and expense
including but not limited to delay cost incurred by and claims
received frc~ Gentry Brothers, Inc., resulting frc~ the
Developer's failure to cc~plete the storm drain and sewer
pipelines and structure work in a timely manner.
PASS~D, APPROVED, and ADOPI~D this 5th day of June, 1991.
AYES: Alexander, Buquet, Stout, Williams, Wright
NOES: None
~.' No~e ~
Resolution No. 91-156
Page 3
Dehr~ J. ~ms~ity Clerk
I, DEBRA J. ADAMS, CITY cLVRK 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 rec3ular meeting of said City (k~ncil held on the 5th day of
Ju~e, 1991.
Executed this 6th day of June, 1991 at Rancho Cucamonga, California.
~ J. ~m~, City Clerk