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HomeMy WebLinkAboutResolution No. 14-7516 - Approving Parcel Map No. 72381, Approving an Agreement with the Subdivider and Accepting A Subdivision Improvement Labor and Material Performance Bond As SuretyRESOLUTION NO. 14-7516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PARCEL MAP NO. 72381, AND AN AGREEMENT WITH THE SUBDIVIDER FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS WHEREAS, on July 2, 2014, the Planning Commission considered Parcel Map No. 72381 and adopted a minute action recommending City Council approval of said map; and, WHEREAS, a proposed required subdivision agreement (Exhibit “A”) between the City and the developer of said property for the construction of certain public improvements has been submitted to the City for approval and execution; and, WHEREAS, said agreement includes a required performance bond (Exhibit “B”) as surety for faithful performance of the terms of the agreement NOW THEREFORE. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Parcel Map No. 72381 is hereby approved; and SECTION 2. That the agreement for Construction of Subdivision improvements is hereby approved and that the Mayor is hereby authorized to execute the proposed agreement between the City and developer and; SECTION 3. The City Clerk shall certify to the adoption of this Resolution and further instructed to forward two (2) certified copies of this Resolution to the Director of Public Works of the County of Los Angeles APPROVED AND ADOPTED this 26th day of August ATTEST: RRRrN-6&7A–IaLR7-MI–y= Rma City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular Meeting held on the 26th day of August, 2014, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN : Council Members: Brossmer, Guerra, Saab, Marquez, Mayor Vasquez Council Members: None Council Members: None Council Members: None RD=RA City Clerk CITY OF DOWNEY AGREmaNT FOR CONSTRUCTION OF SUBDIVISION iMPROVE)aNTS (Guaranteed by a Subdivision Performance Bond) This AGREEMENT is made and entered into this day of August , 2014 , by and between the City of Downey, California, amunicipal corporation and charter city, hereinafter referred to as " City " , and Core ConstrucEion, LLC, hereinafter referred to as "Developer'' , whose business address is 9723 Shellyfield Rd, Downey, CA 90240 IN CONSIDERATION of City’s approval of the final subdivision map < " Parcel Map" ) prior to the completion and acceptance of certainimprovements required by conditions of approval of the tentative subdivision map ( "Tentative Map" ) for Parcel Map No . 72381 ( "SubjectParcel Map " ) , the parties hereto agree as follows : 1. Developer warrants tha: it has an interest in the realproperty that comprises the Subject Parcel Map . 2 . Developer shall construct, at its own expense , the following improvements and all work incidental thereto within the Subject Parcel Map , to wit : Construction of drive approach, construct sewer lateral,install two parkway trees , and install water meter , ( collectively" Improvements " ) in accordance with the plans , profiles and specifications that are on file in the ' office of the City Engineer of City and the standards that are established by City ordinance, which plans , profiles , specifications and standards are incorporated herein by this reference and are made a part hereof as though set - forth at length herein . Developer warrants that said plans , profiles ,specifications and standards are adequate to accomplish constructlon of the Improvements in a good and workmanlike manner and in accordance with accepted construction practices . 3 . Developer shall complete the Improvements within 24 monthsafter the 'date first above written , unless the completion date is sooner extended by' the CIty Council of City upon the request of Developer . If the time for completion of the Improvements is extended by the City Council, the extension shall not affect the vaIIdity of this Agreement or release any securIty filed with City pursuant to Paragraph 5 hereof . No extension shall become effective unless- said security, or substitute security that is acceptable to the CIty, is ineffect fof the entire period of the extension . 4 . Should the security not be renewed and Ehe improvements have not been completed, developer shall be deemed in default in this agreement . 5 . Developer has filed with City a . subdivisio.n improvement, Labor and Materials Performance Bond, secu ling the faithful performance of this Agreement and additionally securing the payment of those who furnish labor or materials for the Improvements . Said security is in an amount equal to that required by Section 9243 of the Downey MunicIpal Code , which amount is Sixteen Thousand Dollars ( $ 16, 000.0 0 ) . Should the amount of the securIty become insufficIent in :he opinion of the City Engineer of CiEy, Developer shall renew thesame in an amount deemed sufficient by the City EngIneer within ten ( 10 ) days after receiving notice therefore from the City Engineer . 1 EXHIBIT '’A" 6 . Developer shall construct the Improvements in a good and workmanli ke =tanner , in accordance with accepted construction practices and to the satisfactIon of Che City Engineer ol CIty . The Improvements shall not be deemed complete un IiI they are accepted as complete by the City Counc i 1 of City . At all times until :he City CouncII accepts the Improvements as complete , Developer shall lake such precautIons as may be necessary to protect the pub] ic from any dangerous condition causedby the construc zion of the Tmp roverr,ents . 7 . Developcr shall guarantee and warrant the Improvements against any defective work or labor and against any defectIve materials for a period of one { 1 > year after the Improvements are accepted as complete by the City Counc'i I of City . The Imorovements shall not be deemed to have been completed within the time specified in Paragraph 3hereof until a security guaranteeing the requirements of this Paragraph, in the amount of at least five percent ( 5 % ) of thetotal estimated cost of the improvements , is accepted by City . 8 . Developer shall inciernnify, defend with counsel approved by City and hold harmless City and its officers , employees , servants and agents from any claim, demand, damage, liability, loss , cost or expense for any damage whatsoever, including but not limited to death or in]ury to any person . and In]ury =o any property, resulting from, or in any way connected with, the- pe=formance of this Agreement , except such damage as is caused by the sole negligence of CIty . 9 . ThIs Agreement constitutes the entIre agreement of theparties concerning the subject matter hereof and all prior agreemenLs or understandings , oral or wrItten, are hereby merged herein . This Agreement shall not be amended in any way except by a writing expresslypurporting to be such an amendment , signed and acknowledged by both of the parties hereto . 10 . No waIve= of any provision of thIs Agreement shall bedeemed, or shall cons Li Lute, a waiver of any other p=ovlslon, whether or not similar , nor shall any such waiver constitute a continuing or subsequent-_ waIver of the same provision . No waiver shall be binding, unless executed in writIng by the party making the waiver . 11. In the event_ any actIon, suI L or proceeding is brought for the enforcement of , or the decLaration of , any right or obIIgation pursuant to thIs Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover Its costs and expenses , including reasonable attorney’s fees , from the losing party, and any ]udgmenl or decree rendered in such aproceeding shall include an award thereof . 12 . This Agreement shall run with the land and shall bind and obligate, and inure to the benefIt of , the successors and assigns of the parties hereto , By :Raul Echemendia Managing Member ( Title) (TO BE NOTARIZED) CITY OF DOWNEY ATTEST : [ CITY. CLERK, Adrla Jimenez ( SEAL ) By : MAYOR, B'ernando Vasquez APPROVED AS TO FORM: By : CITY ATTORNEY Bond No(s). 7q 567159 FAITHFUL PERFORMANCE BOND (Multiple Surety Form) WHEREAS, the CITY OF DOWNEY, a municipal corporation of the State of California ("City"), and Core Construction, LLC, an LLC as principal ("Principal") have entered into an agreement entitled PARCEL #72381 LOTS #l & #2 - 7725 3RD ST., DOWNEY, CA 90241 incorporated herein by reference and referred to as the “Contract," which requires Principal to install and complete certain designated public improvernents; and, WHEREAS, under the terms of the Contract and prior to commencing any work under the Contract, Principal is required to furnish a bond to City for faithful performance of the Contract. NOW, THEREFORE, we the Principal and WESTERN SURETY COMPANY all of which are corporations duly authorized and admitted to transact business and issue surety bonds in the State of California (“Sureties”), are held firmly bound unto the City in the sum of SIXTEEN THOUSAND AND NO/100 ($16,000) for the payment of which sum well and truly to be made, we the Principal and Sureties bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally . The condition of this obligation is such that, if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform all covenants, conditions, and agreements required to be kept and performed by Principal in the Contract and any changes, additions, or alterations made thereto, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meanings, and shall Downey Performance Bond 1 EXHIBIT l indemnify and save harmless City, its officers, employees, and agents, as therein provided, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the sum specified above, there shall be included all costs, expenses, and fees, including attorney's fees, reasonably incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered . The Sureties, for value received, hereby stipulate and agree that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect each of their obligations on this bond, and Sureties do hereby waive notice of any such change, extension, alteration, or addition. Sureties further agree that WESTERN SURETY COMPANY (“Lead Surety”), is designated by the Sureties as the Lead Surety and that presentation of any demand for payment or service of any action by the City upon the Lead Surety shall be deerned presentation or service upon all Sureties. IN WITNESS WHEREOF, this instrument has been duly executed by pal and Sureties. SIGNED ANDauthorized representatives of the Princ SEALED on 20 l-L. Downey Performance Bond PRINCIPAL: Core Construction LLC <: 'o'--– C,OnI,\ uu<Knob (Principai name)(Sea i ) (Signature) Ic} ;B;itt::g=T/dv ttl!)/ t1 U 1CL\ \r1Kg \ \5 un©uA)or p"-''p’' ;dd”;;:qlt:$ 3Gd\y+e\& “:) P"-'ip;’=';p=T;J37a,(::+ go>HO SURETIES; WESTERN SURETY COMPANY (Seal)(Surety name: BY (Signature) \h& d ,)/‘M Surety address:Surety telephone: 605-336-0850 P.O.Box 5077 Sioux Falls, SD 571 17-5077 Downey Performance Bond 3 Western Surety Company POWER OF ATTORNEY - CERTIFIED COPY Bond No.71567159 Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, and having its principal once in Sioux Falls, South Dakota (the "Company”), does by these presents make, constitute and appoint ,, FRANCISCO JAVIER AMADOR its true and lawful a£torney(5)-in-fact, with full power and authority hereby confured, to execute, acknowledge and deliver for and onits behalf as Swetv, bonds for: Principal :Core Construction, LLC C)bligee;City of Downey Amount :$500, 000 , 00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby rati&ing and confirming all that the said attorney(s).in-hot may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in fall force and eaect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other o£ncers as the Board of Directors may aut:horize. The President, any Vice President, Swretary, any Assistant SecretarY, or the Treagurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the nane of the Compaw. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such o£6cer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate, without notice, unless used before midnight of 2 0 1 5 , but until ruck time shall be irrevocable and in full force and eRect, July 18 In Witn as Whereof, Western Surety Company has caugod these presents to be signed by its Vice President, Paul T. Bruaat, and its B&-= –’*''-'“=#BBl&;jV ' !BE tq%t\ 811b &Ib B1 %P B; gg :iY£{§}&&©t} I the undersigned cHew of Western Surety Company, a stock corporation of the State of South Dakota, do hereby certi8 that the attached Power of Attornqy is in full force and eHecyt and is irrevocable, and Rrrthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force, In testimony whereo£ I have hereunto set my hand and seal of Western Surety Company thisJuly J 2014 1 8 th day of COMPANY Form F5306.8-2012 E Acknowledgment of Principal E AcknowTed_g)Dent of Surety (Attorney_in–Fact) STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ( \ SS name(s) of signer(s) rt who proved to me on the basis of satisfactav evidence to be the person(g whose name#) is/me subscdbed to the within Instrument and acknowledged to me that he/she/they executed the same in his/har/tihoir authoHzed capacity@# and th,t by hi,/h,,nh,i, ,im,tu,,#) ,n th, in,tru„„nt th, p,„,n(,), ,, th, entity upon behalf of which the person(p acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing £R£qfilk:'draiOn'CH !, iF , 20}'q bef„, m,,S]#n personally appeared FRANCISCO 'JAVIER AMADOR I paragraph is true and cowect Fllldilt+;IHdqqHrdl© Cdrnmlssi6n # 203531 1 iiNotary Public - CalifornIa Q IEHiI:btXg :1FBS8 S :f ;it 2 O 1 7 i nH:IIli!!BIIEann Cammlss idFt + 203531 1 California NOFJiAl:98F£County 2011IIftS JUIComm. (The balance of this page is intentionally left blank.) Western Surety Company Form 19004 -2008 a