LAWSUIT FILED OVER NEW PARK MORE THAN $1 MILLION SOUGHT.Byline: KAREN MAESHIRO Staff Writer PALMDALE Palmdale, city (1990 pop. 68,842), Los Angeles co., S Calif., in the irrigated Antelope Valley; a growing residential suburb of Los Angeles near Little Rock Creek where it forms Lake Palmdale Reservoir, inc. 1962. -- One of the builders of Palmdale's popular DryTown Water Park has sued the city for breach of contract and is seeking more than $1.08 million in damages. The Western Water Features construction firm alleges that Palmdale has not made a final payment and is subject to a statutory penalty of 2 percent per month on the amount withheld since May 2006 when the project was deemed complete. ``To date, and despite repeated requests by Western, Palmdale has failed to issue final payment and retention to Western,'' the lawsuit lawsuit: see procedure; tort. said. City officials declined to comment citing the pending litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. . Under a $4.09 million contract with the city, El Dorado El Dorado, legendary country of South America El Dorado (ĕl`dərä`dō, –rā`–) [Span.,=the gilded man], legendary country of the Golden Man sought by adventurers in South America. Hills-based Western was hired to construct the Lazy River, pools, associated pool equipment, waterslides, play structures and pool finishes and accessories, the lawsuit said. Palmdale breached the contract by delaying Western's work, failing to timely furnish fur·nish tr.v. fur·nished, fur·nish·ing, fur·nish·es 1. To equip with what is needed, especially to provide furniture for. 2. payment to Western, failing to review and approve Western's submittals in a timely manner so as to not delay Western's work, and failing to coordinate, manage, and supervise the work of other contractors working on or in the vicinity of the project, the lawsuit said. Palmdale also changed the sequence of Western's work, causing severe delays, disruptions and interference, and failed to provide Western with accurate plans and specifications which were free of defects and design errors, the lawsuit said. The lawsuit said Palmdale was supposed to have made a final payment to Western, including retention amounts typically withheld until a project is finished, within 60 days after the date of the completion of the project. The $15.4 million DryTown Water Park had its inaugural season last year, recording 73,000 visitors from Memorial Day weekend through Labor Day Labor Day, holiday celebrated in the United States and Canada on the first Monday in September to honor the laborer. It was inaugurated by the Knights of Labor in 1882 and made a national holiday by the U.S. Congress in 1894. . The city had to end season pass sales after people purchased far more than officials had anticipated. The Western-themed water park is in the 33-acre Oasis Park, on Avenue S at 40th Street East, one of two ``superparks'' financed with a special tax that Palmdale property owners approved in 2002. The other was an expanded Marie Kerr Park, which gained a swimming pool and an amphitheater amphitheater (ăm`fəthē'ətər, ăm`pə–), open structure used for the exhibition of gladiatorial contests, struggles of wild beasts, sham sea battles, and similar spectacles. . karen.maeshiro@dailynews.com (661) 267-5744 |
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