HomeMy WebLinkAboutResolution No. 15-7533-Parcel Map No. 71874RESOLUTION NO. 15 -7533
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING PARCEL MAP NO. 71874 AND AN AGREEMENT WITH THE
SUBDIVIDER FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS
WHEREAS, on October 3, 2012, the Planning Commission adopted Resolution No.
12 -2789 approving Tentative Parcel Map No. 71874; and
WHEREAS, on November 5, 2014, the Planning Commission considered Parcel Map
No.71874 and adopted a minute action recommending City Council approval of said map; and
WHEREAS, a proposed subdivision agreement (Exhibit "A ") between the City and the
developer of said property for the construction of certain public improvements associated with
Parcel Map No. 71874 has been submitted to the City for approval and execution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Parcel Map No. 71874 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 the developer; and,
SECTION 3. That the subdivision improvement faithful performance bond is hereby
accepted; and,
SECTION 4. The City Clerk shall certify to the adoption of this Resolution and is further
instructed to forward one (1) certified copy of this Resolution to the County of Los Angeles.
APPROVED AND ADOPTED this 13th day of Januarys, 2015.
LUIS H. MARQU
A T:
f' M
v _ V
ADRIA M. JIMENE CM
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 13th day of January, 2015, by the following
vote, to wit:
AYES: Council Members: Ashton, Brossmer, Vasquez, Saab, Mayor Marquez
NOES: Council Member None.
ABSENT: Council Member None.
ABSTAIN: Council Member None.
ADRIA M. JIMENEZ, C C
City Clerk
CITY OF DOWNEY
AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS
(Guaranteed by a Subdivision Cash Deposit)
This AGREEMENT is made and entered into this day of
2015, by and between the City of Downey, California, a
municipal corporation and charter city, hereinafter referred to as
"City ", and Donald D. Jervis, hereinafter referred to as "Developer ",
whose business address is 10841 Paramount B1., #203 , Downey, CA 90241
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 tentative
subdivision map ( "Tentative Map ") for Parcel Map No. 71874 ( "Subject
Parcel Map "), the parties hereto agree as follows:
1. Developer warrants that it has an interest in the real
property 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 aR2roach, construct sewer lateral,
install two parkway trees, install two water meters and sidewalk alan
property frontage (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
construction of the Improvements in a good and workmanlike manner and
in accordance with accepted construction practices.
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 request 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 in
effect for the entire period of the extension.
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, Cash
Deposit, 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 equal to
that required by Section 9243 of the Downey Municipal Code, which
amount is Twenty Six Thousand Five Hundred Dollars_ ($ 26,500.00 ) .
Should the amount of the security become insufficient in the opinion of
the City Engineer of City, Developer shall renew the same in an amount
deemed sufficient by the City Engineer within ten (10) days after
receiving notice therefore from the City Engineer.
1
EXH I BIT "A"
6. Developer shall construct the Improvements in a good and
workmanlike 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 the
City Council of City. At all times until the City Council accepts the
Improvements as complete, Developer shall take such precautions 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 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 Council of City. The Improvements shall not be
deemed to have been completed within the time specified in Paragraph 3
hereof until a security guaranteeing the requirements of this
Paragraph, in the amount of at least five percent ( 5 0) of the
total estimated cost of the improvements, is accepted by City.
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 for
the enforcement of, or the declaration of, any right or obligation
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 judgment or decree rendered in such a
proceeding shall include an award thereof.
E
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:
Donald D. Jervis
Owner
(Title)
ATTEST:
(TO BE NOTARIZED)
CITY OF DOWNEY
By:
CITY CLERK, Adria Jimenez MAYOR, Luis H. Marquez
(SEAL)
APPROVED AS TO FORM:
By:
CITY ATTORNEY
3