HomeMy WebLinkAbout91-095 - Resolutions RESOLUTION NO. 91-095
A RESOI/3TION OF THE CITY OOUNClL OF THE CITY OF ~
~, CALI~, AUTHORIZING THE CITY ~G~ TO
CAUSE THE ~ON OF THE STORM DRA/~ AND SEN~R
PIP~INES ~ NORTH OF AND PARATL~, TO THE ~
LINE OF BASE I.YNE ROAD B~ VICIDR/A PARK IANE AND
~ AV~3E
THAT, WHEREAS, Tb~ Barmakian Company, hereinafter referred to as the
Developer, desired to develop certain real uroperty in said City as shown on
the conditionally approved subdivision known as Tract 13886 and Parcel Map
11394; and
WHEREAS, the Developer ham entered into an Improvement Agreement with
the City to construct certain required ~ov~ts as a condition of said
development; 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.~ne Road between Victoria Park Lane and Etiwar~a Avenue,
an existing street; and
WHEREAS, the Developer has failed to complete said storm drain and
sewer pipelines and is in violation of the Rancho Cucamonqa Municipal Code
Chapter 12.03 and Section 10 of said Improvement Agreement; and
WHEREAS, the completion of the storm drain and sewer pipelines and
structures are a prerequisite and essential to the cc~pletion of the north
road bed of Base l,~ne Road between Victoria Park Lane and Etiwanda Avenue and
hence the completion of the traffic signal installations at the intersections
of Base l.~ne Road at Victoria Park vane and Base 1.4ne Road at Etiwanda Avenue;
WHEREAS, the City Council, prior to the approval said Tract and
Parcel Maps, had determined that the widening and improvement of Base I.~ne
Road from Victoria Park vane to 1-15 including the traffic signal installa-
tions at Victoria Park vane and Etiwanda Avenue is necessary for tb~
protection and promotion of the public health, safety, morale, comfort,
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 improvement of Base Line Road.
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga does
hereby resolve as follows:
1. The Developer is hereby found to be in violation of the Rancho
Oucamonga Municipal Code Chapter 12.03, Public Improvement
Construction Permits, more particularly Section 12.03.070,
Permits - - C~,,.encement and Cc~pletion of Work, which states
"Every permittee shall complete the work within the time
required by the permit".
Resooution No. 91-095
Page2
2. The developer is hereby found in default of the City of Rancho
Cucamonga Improvement Agreement for Tract 13886 and Parcel Map
11394, City Council Resolution 90-055, dated February 2, 1990,
and Extension, City Council R~solution 91-004, dated January 2,
1991, more particularly Section 10 which states '5~)rk done
within existing streets shall be diligently pursued to
completion; the City shall have the right to cc~plete any and
all work in the event of unjustified delay in cc~pletion, and to
recover all cost and expense incurred frc~ the Developer and/or
his contractor by any lawful means. ,,
3. It is hereby determined that the completion of the widening and
improvement of Base T,'~r~ Road, an existing street, from Victoria
Park Lane to 1-15 including traffic signal installations at
Victoria Park Lane and Etiwar~a Avenue is essential to the
safety and welfare of the public and that the completion and
acceptance of the storm drain and sewer pipelines and structures
not completed by the Developer is a prerequisite to the
o~letion of the widening and i~ of Base Line Road.
4. It is hereby deter~ that the storm drain and sewer pipelines
and structures not ccmpleted by the developer are within the
limits and scope of work defined by the oontractual agreement
between the City of Rancho Cucamonga and Gentry Brothers Inc., a
general engineering contractor.
5. It is hereby deter~ that Gentry Brothers Inc., is qualified,
best suited and available to complete the storm drain and sewer
pipelines and structures under the terms of said contractual
agreement and therefore is to cc~aplete the above work as
directed by the City Engineer through a Contract C~e Order
pursuant to the terms of the contractual agreement.
6. The City shall by any lawful me~__ns, pursuant to said Improvement
Agreement and said Municipal Code, recover frc~ the Developer
and/or his contractor all cost and expense including but not
limited to delay cost incurred by and claims received from
Gentry Brothers Inc., resulting fr~m the Developers failure to
cc~plete the storm drain and sew~r pipelines and structure wo;-k
in a timely manner. Pursuant to the ~unicipal Code, permits
the City have been paid.
PASS~D, A~, and ADOPI~D this 17th day of April, 1991.
AYES: Alexander, Buquet, Stout, Williams
NOES: None
~: Wright
Resolution No. 91-095
Page 3
Dennis L. Stout, Mayor
De~ra J. ~, City Clerk
I, DEBRA J. ADAMS, CITY cLRRK 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 17th day of
April, 1991.
Executed this 18th day of April, 1991 at Rancho Cucamonga, California.
[~w,-,~a J.-~, City clerk