HomeMy WebLinkAbout06-042 CC Resolution
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RESOLUTION NO. 06-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING AN AGREEMENT FOR THE
CONSTRUCTION OF A BASKETBALL COURT AT KENT
HINTERGARDT MEMORIAL PARK
THE CITY COUNCil OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOllOWS:
Section 1. The City Council of the City of Temecula hereby finds, determines,
and declares that:
a. On October 28, 2003, the City entered into a lease with the Boys
and Girl's Club of Southwest Riverside County to allow the Boys and Girl's Club to use
a portion of Kent Hintergardt Memorial Park for the construction of a Boys and Girl's
Club facility.
b. The Boys and Girl's Club will provide many recreational and athletic
programs for the young people in Temecula at the new facility and will complement the
recreational and athletic programs of the City at Kent Hintergardt Memorial Park.
c. Construction is progressing on the Boys and Girl's Club facility and
the athletic facilities in conjunction therewith. The City has proposed to construct a
basketball court on the Park Site adjacent to the Boys and Girl's Club facility. Edge
Development Inc. is the contractor for the Boys and Girl's Club facility and has agreed
to construct the basketball court and adjacent landscaping concurrently with its
construction of the Boys and Girl's Club facility on the Park site.
d. By entering into the proposed Construction Agreement the City will
realize the benefits of integrating construction of the two facilities, reducing the
disruption of extended construction on the Park site, avoiding conflicts in having two
contractors on the Park Site at the same time, and reducing construction costs due to
the efficiencies of having the contractor handle both jobs on the Park Site at the same
time.
e. The proposed price for the basketball court is consistent with the
Engineer's estimate for the work.
f. The City Council of T emecula, therefore, finds and determines that,
based upon the findings set forth above, full compliance with the otherwise applicable
requirements of the Public Contracts Code would be unavailing, would not produce an
advantage for the City, and would thus be undesirable, impractical, and impossible.
The City's authority to proceed with the embankment work in this manner was well
established in Graydon v. Pasadena Redevelopment Agency et al. (1980) 104 Cal. App.
2nd 631 and the cases cited therein.
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Section 2. The City Council hereby approves that certain agreement entitled
"Agreement for Construction of a Basketball Court at Kent Hintergardt Memorial Park"
between the City of Temecula and Edge Development Inc. and authorizes the Mayor to
execute the Agreement in substantially the form submitted to the Council.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 23rd day of May, 2006.
(l(;)~
Ron Roberts, Mayor
ADEST:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. 06-42 was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 23rd day of May, 2006, by the
following vote:
AYES: 5
COUNCIL MEMBERS:
Comerchero, Edwards, Naggar,
Washington, Roberts
NOES: 0
COUNCIL MEMBERS:
None
ABSENT: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
ABSTAIN: 0
None
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Sus n W. Jones, MMC
City Clerk
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