HomeMy WebLinkAbout16-177 - ResolutionsRESOLUTION NO. 16-177
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING AN
IMPROVEMENT AGREEMENT AND IMPROVEMENT SECURITY
FOR DRC2013-00896
WHEREAS, DRC2013-00896, submitted by Chotu Investment LLC, located at 8855
Center Avenue, east of Hermosa Avenue, south of 24th Street, within the Low (L) Residential
District, was approved by the Planning Commission on July 8, 2015; and
WHEREAS, all the requirements established as prerequisite to approval of the installation
of public street improvements by the City Council of said City have now been met by posting the
Improvement Security by Chotu Investment LLC, as developer; and
NOW, THEREFORE, the City Council of the City of Rancho Cucamonga, hereby resolves,
that said Improvement Agreement and Improvement Security submitted by said developer be and
the same are hereby approved and the Mayor is hereby authorized to sign said Improvement
Agreement on behalf of the City of Rancho Cucamonga.
Resolution No. 16-177 — Page 1 of 3
CITY OF RANCHO CUCAMONGA
IMPROVEMENT AGREEMENT
FOR DRC2013-00896 (8855 CENTER AVENUE)
THIS AGREEMENT is made this day of , 2016, by and between
CHOTU INVESTMENT, LLC, hereinafter referred tows the Developer and the City of Rancho Cucamonga,
hereinafter referred to as City.
WITNESSETH:
WHEREAS, said Developer has requested the issuance of a building/construction permit for
construction on that property located at 8855 Center Avenue; and
WHEREAS, the City has established that certain public improvements, including (1) 5800 Lumen
HPSV equivalent LED streetlight, as shown on City Drawing No. 417-3, revision No. 4, be constructed.
NOW, THEREFORE, the parties agree as follows:
1. Developer has deposited with the City cash in the sum of $2,400.00. Said cash deposit
shall be security for Developer's performance as hereinafter provided.
2. Permittee agrees to construct all improvements described above within one year following
the issuance of said encroachment permit.
3. For good cause, the City Engineer may extend Permittee's time for performance hereunder
for an additional period of time. The City Engineer may require an increase in the cash deposit as a
condition of such extension.
4. If the Permittee fails and neglects to comply with the provisions of the Agreement, or fails
and neglects to construct all improvements described above, all within the time period stated in Paragraph
2 of this Agreement or any extension thereof granted by the City Engineer, then Developer shall be deemed
to be in breach of this Agreement.
5. Upon any breach of the Agreement by Developer, City shall have the right, but not the duty,
to cause the improvements described above to be installed. In the event the City so acts, the City shall
have the right to recover from the Developer's cash deposit all of the City's cost in so acting, and, if said
cash deposit is insufficient, the City shall have the right to recover from Developer the difference between
the cash deposit and the City's cost in so acting.
6. In the event of legal action to enforce the provisions of the Agreement, or to recover any
sum hereunder due the City from Developer, the City shall be entitled to reasonable attorney's fees.
IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and year first above
written.
Developer City of Rancho Cucamonga, City Engineer
DEVELOPER'S SIGNATURE MUST BE NOTARIZED
AND COMPLETED IN TRIPLICATE
Resolution No. 16-177 — Page 2 of 3
PASSED, APPROVED, AND ADOPTED this 2nd day of November 2016.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
ATTEST:
r
J nice C. Reynolds, ity Clerk
I, JANICE C. REYNOLDS, CITY CLERK 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 2nd day of November 2016.
Executed this 3rd day of November 2016, at Rancho Cucamonga, California.
nice C. Reynolds, Ci y Clerk
Resolution No. 16-177 — Page 3 of 3