HomeMy WebLinkAboutResolution No. 14-7517 - Approving Parcel Map No. 72340, Approving an Agreement with the Subdivider and Accepting A Subdivision Improvement Labor and Material Performance Bond As SuretyRESOLUTION NO. 14-7517
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING PARCEL MAP NO. 72340, AN AGREEMENT WITH THE SUBDIVIDER
FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS
WHEREAS, on July 2, 2014, the Planning Commission considered Parcel Map
No. 72340 and adopted a minute action recommending City Council approval of Final 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; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Parcel Map No. 72340 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 26t'' day of August, 20£
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F?R-Nm5c;v13mEm
ATTEST
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bMmdm
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
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ADRM
City Clerk
CITy or DOwn!
AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS
(Guaranteed by a subdivision perforrnaace bond)
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This AGREEMENT is made and entered into this day of
, 2014, by and between theXity of Downey,California, a municipal corporation, hereinafter referred to as 11City" ,
and TradeCor 8613 Firestone, LLC, an Arizona limited liability
company, hereinafter referred to as "db', wtusiness address
is 4455 E . Camelback Rd . , E–180, Phoenix, AZ 85018 .
IN CONSIDERATION of City’s approval of the fInal subdivision map( " Parcel Map" ) prior to the completion and acceptance of certain
improvements requIred by conditions of approval of the tentativesubdivision map ( "Tentative Map" ) for Final Map No . 72340 < "Subject
W Map" ) , the parties hereto agree as follows :
I. Developer warrants that 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 : including but not limited to completion of the following
improvements itemg which includes property IIne monuments, curb–gutter
and sidewalk, one ( 1 ) driveway approach, two (2) parkway drains, one (1 )
fire hydrant, and four ( 4 ) water meters, (collectiveLy "Improvements" )in accordance with the plans , proflITsand 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 Lhat said plans , profiles, specifications and
standards are adequate to accomplish constructIon of the Improvements
in a good and workmanlike manner and in accordance with accepted
construction practices .
Additional Conditions to Parcel Map No . 72340 :
A.Upon commercial development, the developer shall comply with
the Standard Urban Storm Water Mitigation Plan ( SUSMP )requirements by utilizing an on–site retentIon system,
designed, certified and shown on the approved Grading Plan by
Joseph C . Truxaw and Associates, Inc .
B . The stamped Grading Plan with a statement of compliance by
Joseph C . Truxaw and Associates, Inc . approved by City, shallbe incorporated herein by this reference .
3 . Developer shall complete the Improvements within 24 months
after the date first above written, unless the completion date is
sooner. extended by the City Council of City upon the reque.st of
Developer . If the time for completIon of the Improvements is extended
by the City Council, the extension shall not affect the validity 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 for the entire period of the extension .
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EXHIBIT " A"
4 . Should the security not be renewed and the improvements have
not been completed, developer shall be deemed in default in this
agreement .
5 . Developer has filed with City a subdivision improvement
performance bond, securing 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 e(Hal to
that required by Section 9243 of the Downey MunIcipal Code, which
amount is Sixty Three Thousand Five Hundred Dollars ($ 63, 500.00 ) (the
"bond" )
6 . Developer shall construct the Improvements in a good and
workmarIIIke manner, in accordance with accepted construction practices
and to the satisfaction of the City Engineer of City. The Improvements
shall not be deemed complete until they are accepted as complete bY theCityfs Department of Public Works . At all times until the City COuncil
accepts the Improvements as complete, Developer shall take suchprecautions as may be necessary to protect the public from anY
dangerous condition caused by the construction of the Improvements •
7 . Developer shall guarantee and warrant the Improvernents
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 (the "Defects Guaranty" and the ’'Defects GuarantY
Period, '’ respectively) . Upon acceptance of the improvements bY theCity : ( 1 ) Developer shall post a new bond or company check with the
City in the amount of at least five percent ( 5 % ) of the Bond (the
"Defects Guaranty Bond" ) ; and ( ii ) the Bond shall be fully released
upon the issuance of the Defects Guaranty Bond . The Defects GuarantY
Bond shall be fully released ( or returned to Developer) upon theexpiration of the Defects Guaranty Period provIded the citY has not
notified Developer of any defects in the Improvements during theDefects Guaranty Period.
8 . Developer shall indemnify, 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 injurY
to any person and injury to any property, resultIng from, or in anY waY
connected with, the performance of this Agreement, except such damage
as is caused by the sole negligence of City .
9 . ThIs Agreement constItutes the entire agreement of the
parties concerning the subject matter hereof and all prior agreements
or understandings, oral or wrItten, are hereby merged herein . This
Agreement shall not be amended in any way except by a writing expressly
purportIng to be such an amendment, signed and acknowledged by both of
the parties hereto .
10 . No waiver of any provision of this Agreement shall be
deemed, or shall constitute, a waiver of any other provision, 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, suit or proceeding is brought forthe enforcement of , or the declaration of , any rIght or obligation
pursuant. to this Agreement or as a result of any alleged breach of any
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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 judgment 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 .
[end of page signatures on next page ]
In witness whereof , City and Developer have duly executed this
Agreement as of the Effective Date .
Developer : TradeCor 8613 Firestone, LLC, an Arizona limited
liability company
By :Britt Rand Sanchez
I Ls ; Member
(TO BE NOTARIZED)
CITY CLERK, Adria M . Jimenez
( SEAL )
MAYOR, Fernando Vasquez
By
APPROVED
By :
CIT Y
[v3 2014 07 14]
Bond No(s).
Premium
FAITHFUL PERFORMANCE BOND
(Multiple Surety Form)
WHEREAST the CITY OF DOWNEY, a municipal corporation and charter city of
the State of California {"City"), and-TradeCor 8613 Firestone, LLC, an Arizona limited
liability company, as principal ("Principal") have entered into an agreement entitled
Agreement for Construction of Subdivision Improvements with regard to that certain
Parcel Map No. 72340, incorporated herein by reference and referred to as the
“Contract," which requires Principal to install and complete certain designated public
improvements (the “Improvements”); 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
alan
(“Lead Surety,” and together with Principal, the “Sureties'’), all of which are duly
authorized and admitted to transact business in and, in the case of Lead Surety, to
issue surety bonds in the State of California, are held firmly bound unto the City in the
sum of $63,500.00 for the payment of which sum well and truly to be made, we the
Principal and Lead Surety 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 and/or Lead Surety shaIE 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 (i.e.,
cause the Improvements to be duly constructed and installed in accordance with the
terms of 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
Downey PerformanceBond
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EXHIBIT ''B"
according to their true intent and meanings, and shall indemnify and save harmless
City, its officers, employees, and agents, as therein expressly provided, then this
obligation sha!! be fu!!y satisfied and nu!! and void; otherwise, it sha!! be antI remain in
full force and effect. The foregoing notwithstanding, once the Improvements have been
constructed and installed pursuant to the Contract and the City has accepted and/or
approved same, then this obligation shall be deemed fully satisfied, released and null
and void
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 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
perforrned 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 Lead Surety
is designated by the Surettes 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 deemed
presentation or service upon all Sureties.
[end of page – signatures on next page]
Downey Pedorrnance Bond
IN WITNESS WHEREOF, this instrument has been duly executed by authorized
SIGNED AND SEALED on
PRINCIPAL: TRADECOR 8613 FIRESTONE, LLC
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representatives of the Principal and Lead Surety
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Principal address:
4455 E. Camelback Rd., E-180
Phoenix, AZ 85018
LEAD SURETY:
(Surety name)
BY:
(Signature)
(Print name and Title)
Surety address:
Britt Rand Sanchez Member
Principal Telephone:
602-759-5250
(Seal)
Surety telephone:
Downey Performance Bond i
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THE STATE OF ARIZONA S
COUNTY OF MARICOPA S
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Thb inqtrument was acknowledged before me on this JAc\a day of
Au \l/ , 2014, by Britt Rand Sanchez, Member of TradeCor 8613
Firestone] LLC, an Arizona limited liability company, acting in such capacity.
TAMMY KIRBY
Nota[Y Public - Arizona
MariCopa C ounty
y Comm. Expires SeP 30. 2015
lt;3fm
roll expiresMyed
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Downey Performance Bond