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HomeMy WebLinkAboutResolution No. 17-7719-Approving Tract Map No. 73941RESOLUTION NO. 17-7719 [ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING TRACT MAP NO. 73941. AND AGREEMENT WITH THE DEVELOPER FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS WHEREAS, on April 19, 2017, the Planning Commission considered Tract Map No.73941 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. 73941 (Exhibit “A”) is hereby approved and; SECTION 2. That the agreement for Construction of Subdivision Improvements (Exhibit “B”) associated with Tract Map No. 73941 is hereby approved and that the Mayor is hereby authorized to execute the agreement between the City and the developer and SECTION 3. The City Clerk shall certify to the adoption of this Resolution APPROVED AND ADOPTED this ©ib3UEZ, Mayor ATTEST: 4/LLAJ CAE,Eat Deputy 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 23'd day of May, 2017 by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN Council Members: Pacheco, Saab, Ashton, Mayor Vasquez Council Member: None, Council Member: None Council Member: Rodriguez ab„„ , a [CMC Deputy City Clerk TRACT NO. 73941 IN THE CL'rY OF Dl)\tHEY COt/PNTY 0 P LOS i\N GETdES STATE: OF CALIFORyL{ SUNG .\ SL'BDnISTOX OF A FORT:DN OF TIIE SOCTRTWf QU,UF£RrHSnHI.bl Q IrAttl-ER SELnoN InnTCVNSlll RLVG£ IZ UST, TN tHE RANCHO SAMA :ERTTiUDES, AS PER yAP RECORDED IN HOOK 1 PAGE 302 aF 3+]S(:£l,:ANECUS RECORDS. :X THE OFFiCE aF tHE COIIN TV RFC 11 RD ER IF SAID COUNTY RECORDER JF 'WD COUNTy FO R caNDO MINI r J M prT RP asE:s 'q; J - ,• A7[ NrR n} T:i+it & tel n BIG DOlan .'--1 ' ,; ’ ’ + ==RP : P+ + : b r:ltD.; JIa:; I; irIR - pr ’.'1'.r ,- q;IF Jb :r T • ' , ' +1-..=..T F f : AL +CJ _P : 1 VE DC- inT> if I [ haIKU h VI [ Iq/f ' II I ' # w\. r r41;d ihl, 1 ' rn 1-+ bn bnf Cr ihl Vf)- TI- nIh[ •l£ T 4C .p=1- R h 4 :. 1 t 1= = + . 1, . aU ' r 3Fnal = F + in. nIF ;PI I N if T: - ,b ) , I bE :iia UIlhill -:r-IT' ."' .q)_[iN%!tout WaHjrH „ . :URI':P13= TC I'e V-Ht. h: 31.'+trI ;hI' b,-<•III'„LP av Dt .’ ’F1 '• Hub +r erR \ ”-1 FT(: =xP4t'’ , u! t'. Ii -\r\r \UP- -'rl gl / b ;.J' ,:: -nai& p..' ..„ _Wr _ I ) ’ '." ' - EM a8.2,La/ ?.IN R + , qI R +t++=e: IIE===’IA' 'nC :N';L :F 'i ;:-' ' '-C --l.hi:: -' 3 O.b3-++;3 mAle–# = =– r&;} hrH; p& b :bp : r = F; 1pIn I ;: q: r 1;; rR M& % ; fLakE lr : a == =I Ti == ' IF \I \r: +F I;IIdI',+.-?F :\ \Ht -IA H'+ VE ::_POL ;}1l+ + ISn Oil it ' + TAb :+ ++E -hIli. I.. MUle ;II: N :• r I Rf ; dI.f f it _-'F. fP :i (I t ::s• qr) = H : r: i ?:jf : [ F K \: \ A; ’q-_oFlj' r :: Ab+ 1 : + r pr :ip A I b+ d + t : ; L = = \ h: = : n+f ) :a1+r EXHIBIT SCALE TRACT NO. 73941 SHE:’ 2 QF 2 S -E:TS IN THE (:tTY OF DOWN'E\ C'OtJNTY QF LOS ANGELES STATE OF CALIFORNIA FaR CONDOMINIL'U PL'RPC SES - L==nw--Z '- - 1 ' 4 -- - t t = 1 T : N - h , i b +l+f '\ - 1- IF 'IC :: 1501 By ThI : U - F 3 BIFF iF ar- '1' : r P LIL VTRT4HT IEND GRAY ROAD PRIOR TO &Bh\Dc>NWHT T i !!!: i UCbin Rq-a+ATiCi1 pHD TRial ;bAh :iI,';\\ ::’4; b '-I}O Sr :::::.;\.- 3RXSS ># un -- ma [; rr;)K._ i,-... .J-_j L A') 4kR_..Rv+ - I ELM VISTA DRIVE .$ ;- ; B =V 11:11 1111:1F+1 /1# Jr 6 ; e :;?In T\ R +:t I=+= ' •':-Ti:IV In– - 1:L WASHBI;FiN ROAD J CITY OF DOWNEY AGREaMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC iMPROVm8ENTS (Guaranteed by a SubdivisIon Improvements Performance Bond) This AGREEMENT is made and entered into this 23 day of M al , 201.7, by and between Fhe City qf Downey,=nfornia, amunicIPal corporation and charter city, hereinafter referred to as "City" , and Habitat for Humanity of Greater Los Angeles , hereinafter referred to as "Developer" , whose business address is 8739 ArtesiaBl. . Bellflower, CA 90706 . IN CONSIDERATION of City ts 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 . 73941 ("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 2 . Developer shall construct, at its own expense, the followingimprovements and all work incIdental thereto within the Subject Tract Map, to wit : Construction of drive approach, sewer lateral, install street tree , install four water meters , along 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 atlength 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 CouncII, the extension shall not affect the validity of this Agreement or release any security filed with City pursuant toParagraph 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 , 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 Thirty Six Thousand Five Hundred Dollars ( $ 36, 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 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 % ) of thetotal 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 .I 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 . i 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 . DEVELOPER : !:;b NHl . PRESIDENT AND CEO (TO BE NOTARIZED) CITY OF DOWNEY ATTEST : ( /g Alicia Duarte , CMC By MAYOR Deputy City Clerk Fernando Vasquez APPROVED AS TO FORM : ACKNOWLEDGMENT 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 IZb Awan&J [ gMt/ IPr, \nrAev pc'teH a inert name-ah title–atrTotFcer) personally appeared @1 N %>F who proved to me on the basis of satisfactory evidence to be the person(s) whose name b) is/an subscribed to the within instrument and acknowledged to me that he/she/therexecuted the same in h+s/her/thetrauthorized capacity(ies), and that by haher/Wr signature(+ on the instrument the person(>), or the entity upon behalf of which the person(s) 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. mm CommISSIon # 2144787 Notary Public Los Angeles County Comm ExpIres Mar 28. 2020 (Seal)