HomeMy WebLinkAboutRES NO 85-84RESOLUTION NO. 85-84
A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD
DETERMINING THAT SUNRISE UNLIMITED HAS FAILED TO FULLY
COMPLETE THE WORK OF IMPROVEMENT AS REQUIRED BY
AGREEMENT NO. 78-102, IMPROVEMENT AGREEMENT FOR FINAL
MAP NO. 3933 UNITS A AND B, AND DIRECTING CITY STAFF
TO PROVIDE THE REQUIRED NOTICE, COMPLETE THE UNFINISHED
WORK AND COLLECT THE EXPENSES INCURRED FROM SUNRISE
UNLIMITED OR ITS SURETY.
WHEREAS, an agreement was entered into between Sunrise
Unlimited and the City of Bakersfield on the 23rd of August, 1978,
entitled Agreement No. 78-102, Improvement Agreement for Final
Map No. 3933 Units A and B; and
WHEREAS, paragraph l(a) of said Agreement required
Sunrise Unlimited to construct "in accordance with the requirements
of the Planning Commission . at its sole cost and expense
curbs, gutters, sidewalks, paving, drainage facilities, street
name signs and street lighting"; and
WHEREAS, the requirements of the Planning Commission
incorporated by reference into said Agreement required compliance
with the conditions set forth in Exhibit A of the staff report; and
WHEREAS, paragraph 9, labeled "Street Paving, Curbs, Gutters
and Sidewalk," of said Exhibit A clearly states that "street paving,
curbs, gutters and sidewalks to Royal Scotts Way (40 foot curb-to-curb)
from Meadow Vista to north/south Royal Scotts Way shall be done with
this tract"; and
WHEREAS, the street paving, curbs, gutters and sidewalks
from Meadow Vista to north/south Royal Scotts Way have not been
completed; and
WHEREAS, paragraph 3 of said Improvement Agreement required
completion of all work "on or before the 23rd day of August, 1979, or
any extension of said completion date granted by the City Council"; and
WHEREAS, no extension of said completion date has been
granted by the City Council; and
WHEREAS, paragraph 8 of said Improvement Agreement
provides that upon determination of the City Council that Sunrise
unlimited has failed to "properly and fully complete all the work
of improvement in accordance" with the terms of the Agreement
within the time set forth therein, after fourteen (14) days written
notice, the City may complete the work and Sunrise Unlimited and
its surety "shall be liable to the City and shall pay the City on
demand, any expenses incurred by the City in the course thereof."
NOW, THEREFORE, BE IT RESOLVED by the Council of the City
of Bakersfield as follows:
1. The Council of the City of Bakersfield finds and
determines as follows:
(a) The foregoing averments are true and correct.
(b) Sunrise Unlimited was required by Agreement
No. 78-102, Improvement Agreement for Final Map No. 3933 Units A
and B, to construct street paving, curbs, gutters and sidewalks
from Meadow Vista to north/south Royal Scotts Way.
(c) Sunrise Unlimited has failed to complete the
work described in paragraph l(b), above.
(d) The time provided in said Agreement for the
completion of such work has passed.
2. Staff of the City of Bakersfield is directed to give
the subdivider, Sunrise Unlimited and its surety, fourteen (14)
days notice to proceed with the work and complete such work. If
fourteen (14) days after service of such notice on subdivider and
its surety, neither the subdivider nor its surety is proceeding
with dispatch to complete the work, the City's staff is directed
to provide the necessary supervision, equipment, materials and
labor as is determined necessary to complete such work and is
directed to proceed to take whatever legal means are necessary to
secure payment of all expenses incurred thereby from Sunrise
Unlimited or its surety.
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I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 31st day of October, 1984, by the
following vote:
ABSENT~ COUNCILM~_N: ~ , C ~3~%~ ~ '
~ C~ CLER~ and Ex Officio
Clerk of the Council of the City of
Bakersfield
APPROVED this 31st day of October
MAYOR'~ th~ ~ity of Bakersfield
CItY ATTORNEY of the~2ity
of Bakersfield
, 1984
CTS:kda -3-