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HomeMy WebLinkAboutResolution No. 16-7668-Approving Parcel Map No. 73581 & Agmt. w- Subdivider• • • • • • l• r r ] =1 :a lei - ,• • • r • • WHEREAS, on September 7, 2016, the Planning Commission considered Parcel Map No.73581 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 performance bond inform of cash deposit (Exhibit "B ") as surety for faithful performance of the terms of the agreement. RESOLVE NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOE� HEREBY •' • SECTION 1. The Parcel Map No. 73581 is hereby approved and; SECTION 2. That the Agreement for Construction of Subdivision Improvements attached herein as Exhibit "A" is hereby approved and that the Mayor is hereby authorized to execute the proposed Agreement between the City and the developer and; SECTION 4. The City Clerk shall certify to the adoption of this Resolution and is further instructed to forward two (2) certified copies of the adopted Resolution to the Director of Public Works of the County of Los Angeles. APPROVED AND ADOPTED this 27th day of September, 2016. ALEX SAAB, Mayor 1 HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 27th day of September, 2016 by the following vote, to wit: CITY • DOWNEY AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS (Guaranteed by a Subdivision Cash Deposit) 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. 73581 ("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. 4. Should the security not be renewed and the improvements have not been completed, developer shall be deemed in default in this agreement. N 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. 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. 0 FURST ENTERPRISES GROUP A, LLC, a California limited liability company By: Furst Enterprises Group, Ltd. a California limited partnership its Sole Member By: Furst Family Group, LLC, a California limited liability company, its General Partner BY Matthew S. Rodman Manager By Rodman Family Group, LLC, a California limited liability company, its General Partner By: Matthew S. Rodman Manager ATTEST: 11 CITY CLERK, Ad lia M. Jimenez (SEAL) APPROVED AS TO FORM, B� "Y 0 By. - MAYOR, Alex Saab ACKNOWLEDGMENT WITNESS my hand and official seal. Signature , I