HomeMy WebLinkAboutResolution No. 16-7639-Approving Tract Map No. 73340, Agreement w- Subdivideri f i • s '
• • • i i +': • ! •
WHEREAS, on May 4, 2016, the Planning Commission considered Tract Map No.73340
and adopted a minute action recommending City Council approval of said map.
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.
WHEREAS, said agreement includes a required performance bond (Exhibit "B ") as
surety for faithful performance of the terms of the agreement.
RESOLVE NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY • •
SECTION 1. The Tract Map No. 73340 is hereby approved and;
SECTION 2. That the Agreement for Construction of Subdivision Improvements is is
hereby approved and that the Mayor is hereby authorized to execute the proposed Agreement
between the City and the 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 24th day of May, 2016.
ALEX , mayor
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 24th day of May, 2016, by the following
vote, to wit:
CITY • DOWNEY
AGREEMENT FOR CONSTRUCTION • SUBDIVISION IMPROVEMENTS
(Guaranteed by a Subdivision Performance Bond)
This AGREEMENT is made and entered into this 20 day of April,
2016, by and between the City of Downey, California, a municipal
corporation and charter city, hereinafter referred to as "City", and
KB Home, hereinafter referred to as "Developer", whose business address
is 25152 Springfield Ct.,Suite 180, Valencia, CA 91355 .
IN CONSIDERATION of City's approval of the final subdivision map
Tract Map") prior to the completion and acceptance of certain
improvements required by conditions of approval of the tentative
subdivision map ("Tentative Map") for Tract Map No. 73340 ("Subject
Tract Map"), the parties hereto agree as follows:
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,
Labor and - Materials 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 equal to that required by Section 9243 of the Downey
Municipal Code, which amount is Five Hundred Thirty Five Thousand
Dollars ($ 535, 000. 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.
In
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.
0
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.
Bye
Ron Meitzel �
Vice President, Forward Pi
t
TY ATTORNE-
�WxUette M. Abica Garcia
By:
MAYOR, Alex Saab
California all purpose
Certificate of ckno led men
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles �Ss
On April,20,2016 , before me, Karen A Stewart, Notary Public, personally
Appeared Ron Mertzel , who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal
R—Ire""M
On May 27, 2016 before me, Adria M. Jimenez, Notary Public
(insert name and title of the officer)
personally appeared Alex Saab
who proved to me on the basis of satisfactory evidence to be the person(,qj=whose name*is /are
subscribed to the within instrument and acknowledged to me that he/sho4hey executed the same in
his/h*644eir authorized capacity(ioe), and that by his/herAheir signature(k on the instrument the
person(,}, or the entity upon behalf of which the person(.%' acted, executed the instrument.
MIMP, M r*1
CITY OF DOWNEY
DIVISION ENGINEERING
MIRX5M0 • • • • " •'
FILE /CASE TRACT MAP NO. 73340
LoCATior 10734 Paramount 11311
1
Construct
1500
SF of 4" thick residential apron
@
$8.00
=
$12,000.00
Construct
12000
SF of 4° thick residential Swk..
@
$6.00
per =
fleach
' $72,000.00
2
Construct
4
ADA Ramps......m.....r.,..,...a
@
$2,500.00
='
$10,000.00
2
Constru ct
118
Water Meters.... ..............:
@
$1,800.00
=
$212,400.00
3
Install
2
1 Sewer Laterals .......... —.....,,.
@
$6,000.00
each =
$12;000.00
DEPOSIT TOTAL CASH REQUIRED • PROJECT 111 11
PREPARED DATE: ,r "/ . I
CHECKED BY: DATE;
Premium �3,478.00
charter city of the State of California ("City"), and KB Home Greater Los
entered Into an agreement Centerpointe,Tract MaeM.,73340i
Location: 10734 Paramount BI, incorporated herein by reference and
referred to as the "Contract," which requires Principal to install and
complete certain designated public 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 - Principal and Hartford Fire Insurahce
Company, duly a' • admitted to transact business
and issue surety bonds in the State of California ("Sureties"), are held firmly
bound unto - in - sum of Five Hundred Thirty Five Thousand
999�00/100 Poll ek rs��qS351 000. 00),, for the payment of which sum well and
truly to be made, we the Principal and Surety bind ourselves, our heirs,
The condition . of obligation - Principal, Principal's
heirs, executors, -
stand to and abide by, and well and truly keep and perform all . -
1
Downey Performance Bond
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
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 Surety, 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 Surety does hereby waive notice of any such change,
extension, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by
authorized representatives of the Principal and Surety. SIGNED AND
SEALED on Apdl 2& , 2016.
2
Downey Performance Bond
& - I &
KB Home Greater cos Angeles, Inc.
(Principal name) (Seal)
M.
(Signature)
(Print name and Title)
Hartford Fire insurance Company. ,, . . . .............. . . .... .
(Surety name) (Seal)
BY: —R�Vvu
(Signature,J
Phuong,Truong, Attorney-in-Fact
(Print name and Title) I
NEE-HISM
1933
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(seal) Signat
0
B. WON
Commission .# 2085888
Notary Public - California
Los Angeles County
My Comm, [X Tres Oct 24, 2018
their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated
above by Z, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf
of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds
and undertakings required or permitted in any actions or proceedings allowed by law.
In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1 „2009, the Companies have
caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further,
pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any
mechanically applied signatures applied to this Power of Attorney.
Kevin Heckman, Assistant Vice President
POA 2012