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HomeMy WebLinkAboutResolution No. 16-7679-Tract Map No. 74082• • • • •, • r• '• • • 0 to] • • WHEREAS, on October 19, 2016, the Planning Commission considered Tract Map No. 74082 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. NOW THEREFORE, the City Council of the City of Downey does hereby resolve as follows. SECTION 1. The Tract Map No. 74082 is hereby approved and; SECTION 2. That the agreement for Construction of Subdivision Public Improvements 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 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 7th day of November, 2016. ALEX SAAB, Mayor HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 7th day of November, 2016 by the following vote, to wit: AYES: Council Members: Ashton, Brossmer, Vasquez, Mayor Saab NOES: Council Member: None. ABSENT: Council Member: Marquez ABSTAIN: Council Member: None. A3 A M. JIMENEZ, MC City Clerk 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. 74082, ("Subject Tract Map"), the parties hereto agree as follows® 1. Developer warrants that it has an interest in the real property that comprises the Subject Tract Map. 4. Should the security not be renewed and the improvements have not been completed, developer shall be deemed in default in this agreement. 1 9® This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements -- 'i_unde °t I°di gs�" aral; o 'wr?t`ten, 'ar-e `hera'by merged herein. TiiLS 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. M CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 mzmz��� Here Insert Name and Title of the Officer A/ ®' Name(s) of Signer(s) 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) item #5907 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 • Rau 1 Ech e _ ndia � Owner (Title) N By MAYOR, Alex Saab Bond No(s). MO-M6 FAITHFUL PERFORMANCE BOND (Multiple Surety Form) 4VA4nLflgMd. incorporated harein � by reference and referred 10 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. Downey Pw%nnence Bond IN WITNESS WHEREOF, - een duly executed • authorized representatives of the Principal • Sureties. SIGNED AND SEALED on • r 2016. 2 Downey Performance Bond MIN NOR Me, 111� BE= (Print name and Title) • •. r=� Affix Corporate Attach Notary Signatures Attach Power-of-Aftorney if executed by Attorneyl Downey Performance Bond Subscribed and sworn to (or affirmed) before me • this 7th day of •M-1 rV14,T1111 20 16 , by Steven A. SArartz and N-anic of Signer s1) proved tome on the basis of Name of Signer (2) 101 Description of Attached Document The certificate is attached to a document titled/for the purpose of containing 5 pages, and dated 10-7-16 Method of Afflant Identification Proved to me on the basis of satisfactory evidence: 0 form(s) of identification 0 credible witness(es) Notarial event is detailed in notary journal on: Page # _ Entry # Notary contact: Other C] Affiant(s) Thumbprint(s) Describe: I an purenase copies or erns corm irom UL11 W"k, s'fV 0 2009-20,15 Notary Lparning Center - All Rights Reserved yoti c ON poAg,-510096 SureTec Insurance Company LLMTED POWER OF ATTORNEY Kftov All Men by These Presents, That SURETEC INSURANCE CONTANY (tle "Company"), a corporation duly organized existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these prosel make, constitute and appoint d - -- -- I I 1 -- I q 11 j9XJVNWfTW Men"IMM and deliver any and all bonds, recognizances, U�ngs or other instruments or contracts of suretyship to include waivers to conditions of contracts and consents of surety for: I Five Million and 001100 Dollars ($5,000,000.00) JACQUELYN MALDONADO Notary Public State of Texas ---- ' tq W-1 't My Comm. Exp. 5/16/2017 Jao4%elya Maldonado, Notary Public 0 My commission expires May 18, 2017 a4WTIOnWIM11�1A OUJU-111 d Q1 dfr& FUTI-F)w -FIET-M&R,