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HomeMy WebLinkAbout06-042 CC Resolution I I I 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. R:/Resos 2006/Resos 06-42 I I I 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: />. - Y.' ~ R:/Resos 2006/Resos 06-42 2 I I I 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 ~ Sus n W. Jones, MMC City Clerk R:/Resos 2006/Resos 06-42 3