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HomeMy WebLinkAboutResolution No. 17-7688-Approving Tract Map No. 73999RESOLUTION NO. 17-7688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING TRACT MAP NO. 73999. AND AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS WHEREAS, on December 7, 2016, the Planning Commission considered Tract Map No.73999 and adopted a minute action recommending City Council approval of said map and; 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 and WHEREAS, said agreement includes a required performance and labor and material bonds securing the faithful performance of the agreement (Exhibits ''B’' and “C") NOW. THEREFORE. THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Tract Map No. 73999 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 i SECTION 3. That the subdivision improvement faithful performance and labor and material bonds (Exhibits “B'’ and "C”) are hereby accepted 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 24th day of Janual aRi €r o ATTEST: A bfIFa:iFM City Clerk RESOLUTION NO. 17-7688 PAGE 2 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 January, 2017 by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN Council Members: Pacheco, Rodriguez, Saab, Ashton, Mayor Vasquez Council Member: None Council Member: None Council Member: None AmiFM. JIMmm City Clerk CITY OF DOWNEY AGREmmNT FOR CONSTRUCTION OF SUBDIVISION PUBLIC nlPROvmaNTS (Guaranteed by a Subdivision Faithful Performance & Labor and Material Bond ) This AGREEMENT is made and entered into this IO d1 day of Inn =1n =E::1( c o r ; o /aOtl= n b : n : n 1(•nn: :re n c } [ ; / cl: X ! We FEll : : r Era : "City" , and Olson Urban II – Downey 1, LLC, hereinafter referred to as "Developer" , whose business address is 3010 Old Ranch Pkwy #100, Seal Beach CA 90740 . 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 tentativesubdivision map ("Tentative Map" ) for Tract Map No . 73999 ( "Subject r 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 following improvements and all work incidental thereto within the Subject Tract Map, to wit : Construction of drive approach, construct curb & gutter,, reconstruct sidewalk, install street trees , install City standard street lights , water meters , and sewer mainline connection along property frontage ( collectively " Improvements " ) in accordance with theplans , profiles and specifications that are on file in the office of the City Engineer of City and the standards that are established byCity ordinance, which plans , profiles , specifications and standards are incorporated herein by this reference and are made a part hereof asthough 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 workrnanli ke manner andin 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 , Faithful Performance & Labor and Material Bonds , 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 chat required by Section 9243 of the Downey Municipal Code , which amount is One Hundred Ninety Thousand Seven Hundred Ninety Dollars ( $ 190, 790.00 ) . 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 1 the City Engineer within ten ( 10 from the City Engineer . days after receiving notice therefore 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 CouncII 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 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 . 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 . 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 hereLo 2 By: OLSON URBAN II – DOWNEY 1, LLC a Delaware limited liability company By: OLSON URBAN COMMUNITIES II, LLC a Delaware limited liability company Sole Member By: OLSON URBAN VENTURES II, LLC a Delaware limited liability company Sole Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Managing Member By: INTOV\ aD LIVING, INC on =Scott f ficer (TO BE NOTARIZED) CITY OF DOWNEY ATTEST : APPROVED AS TO FORM: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT If/=C;fKd£fa£>e+£Cc<kcxK£;+rKnCaf;c:CIa:? CIVIL CODE S 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 Ord,ngC/ o. Oahky,r II;POlkData p„,„„lly ,pp,„,d b ) JMnFEeeJ31Jlv:gder5: fylg£/„PHbF IL anI /Uj4riP urtu A – Name(s) of Signer(s) before me, J who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) 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 correctFly.1:11:14ilil iI.Till Notary Public . C81ifornla Orange GotIntl CommISSiOn + 2154518 Comm. E 24, 2020 WITNESS my hand and official sea l ~-"+4:£==3£#££{t“r Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date Number of Pages: Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer’s Name: Corporate Officer – Title(s): Partner – : Limited : General I Individual 1 Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing Signer’s Name: Corporate Officer – Title(s): Partner – Limited , General Individual i Attorney in Fact Trustee Guardian or Conservator Other: Signer is Representing: &xXVCCCc';V;WLx;bx;KWCV<;%tCc43xKCCWtK;QC%x;CWCWWW' ©2014 National Notary Association ' www.NationaINotary.org ' 1-800-US NOTARY (1-800-876-6827) [tem #5907 Bond No(s). 0702650 Premium $730-00Issued in Duplicate FAITHFUL PERFORMANCE BOND (Multiple Surety Form) WHEREAS, the CITY OF DOWNEY, a municipal corporation and charter cIty of the State of California ("City"), and OLSON URBAN II - DOWNEY 1, LLC a Delaware limited liability company as principal ("Principal") have entered into an agreement entitled Village Walk / Tract Map No. 73999 / Located at 8150 Third Street , 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. [NOWp THEREFORE1 we the Principal and International Fidelity Insurance Company all of which are corporations duly authorized and admitted to transact business and issue surety bonds in the State of California (“Sureties”), are held firmly bound unto the City in the sum of $128,000, for the payment of which sum well and truly to be made, we the Principal and Sureties bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally. The condition of this obligation is such that, if the Principal, Principal’s heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly keep and perform all covenants, conditions, and agreements required to be kept and performed by Principal in the Contract and any changes, additions, or alterations made thereto, to Downey Performance Bond EXHIBIT "B’' 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 obiigation shaii be nuii 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 shaii 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 Sureties, 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 Sureties do hereby waive notice of any such change, extension, alteration, or addition. Sureties further agree that internah'"lai FidelitY lr”u”nceCc"TlpanY , ( “Lead Surety”), is designated by the Sureties as the Lead Surety and that presentation of any demand for payment or service of any action by the City upon the Lead Surety shall be deemed presentation or service upon all Sureties. IN WITNESS WHEREOF, this instrument has been duly executed by authorized representatives of the Principal and Sureties. SIGNED AND SEALED on September 22 20 16 Downey Performance Band 2 { PRINCIPAL: OLSON URBAN II - DOWNEY 1 . LLC a Delaware limited liability company By: OLSON URBAN COMMUNITIES II, LLC a Delaware limited liability company Sole Member By: OLSON URBAN VENTURES II, LLC a Delaware limited liability company Sole Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Managing Member IN TOWN LIVING, INC corporationa Manag By: a[] I Title: Principal address: 3010 Old Ranch Pky #1 00 Principal Telephone: 562-596-4770 Seal Beach, CA 90740 Downey Performance Bond SURETIES: International Fidelity Insurance Company (Surety name) (Seal) dIal:q4/,dZ ;ignature) Michelle Haase, Attorney-In-Fact (Print name and Title) Surety address: 2400 East Kaielia Avenue, Ste.250 Anaheim, Ca 92806 (Surety name) BY, Surety telephone 714-602-9170 (Seal) (Signature) (Print name and Title) Surety address : (Surety name) BY Surety telephone: (Seal) (Signature) (Print name and Title) Surety address: Downey Performance Bond Surety telephone 4 (Surety name)(Seal) BY: (Signature) (Print name and Title) Surety address:Surety telephone: Affix Corporate Sea/s Attach Notary Jurats for All Signatures Attach Power-of-Attorney if executed by Attorney-i Downey Performance Bond Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELrrY INSURANCE COMPANY la corparahon organized ang exitIIOg un_de' th;;ws' - ii th;'gtate oi-New J;isey. bad ALL-EGHii-t t-Ag–UAL–TY COMPANY a corporatIon organIzed'and eXisting und a the laws of the State oF New Jersey. havIng their prIncipal ofiice in the CiD of Newark, New Jersey. dO herebY constitute 3nd appoInt ONE NEWARK CENTER. 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 JANINA MONROE. PAUL BOUCHER. MICHELLE HAASE i£lr-t;;e–L=!£JuTMr=;(;}h;act to execute. seq ?nd deNver bf ang on it? beh4f aF surety, InI end.all bop$.and ynder%5i2®. coen!!sgIMIt! ins %Peu£ SEC::FyTJ97 iR:::rPg#tiE;nPr{:F££EE! T #Lgjr!:£#gr£ga IEgEr: %:amR;£Ry itwBg.tlqtgA§qrTWR?4r+7by£EtF9 FLgtO'iT?84 edMFXbi'v-;;{d-'xfHEH£iiv'ejxgc;Adv (5(5LIFXiN. -is-fCiii); Srid-indb)--la iIi iaieifg--in71 iilr,loses. ai–if the–sarne had been duly wwutd and acknowledged by theIr regularly elected officers at their brincipa! bffices PIE':?Eg_alP%yL£#gw!?q;,?q9w,'Bq,TeE,SR: e!:y,?,Pt.,St?ni,,PX, ep,:fryIE Ex;,belt,:!,ly=E,Rnyl£:t£?fleLt£PSb,g= !tnt£tlrsE ?;ASUALTY do\lp ANy at ; meeting’du\y hbld an the I Sth day of AugEsr, 3000: Irvine. CA "RESOLVED that (1) the President. Vice President. ChieF Executive Officer PLS%aqa.of Pe PqrporaHoQ.shall have tIle Rowet to aeeointl ang to le,VIBE theLpp8in iAnis at: Xttor;ley;:11)-ia it o;’ageib 'iitt; powLr-ind duUlority as deSiRed or United in their:’a$pece'/9 p9w€HS.of 3fiqrn9y. arK}. .to exe.gulp on yet)?If of the-=orporaUbn ind atR; ’the COIDoraUo7l's seal thbreto. &3nds. unde'rtaklngs. re<x>gnl4ances. c(nts of in.demnity ar)q 9tt)er w.d&Fn a.>fIg goons in !E nature $1er'eof or reiated thereto: and (2) any such Officeis of tha CorpomHp-n may a6point and evak9 the ?Ppoiamen£s pf joinwmcus WiTS. agents f67icc8E:th of proibss. b–na’Attorneys:In:act with authoritf to execute waivers a'nd-donsents on behalf of 'the Ckyppm loi; qnd £3) 1le signal!!e o! anysuch Sac;r Bi -iiI; ecrpoFaiion and th;Corp8rahon’s seal may be affixed by bCSjmIle to any tx>per o! aRorn9y or qg66cahon given hq the executiea of_anY bond. undertaking. reccanizancB. a)ntract of indernnity or othet woKen obligatIon in the rnqJre tbQegf .or elated. the gto..gucb si9r!?ture POd peals, wIIT_so uiea w'tTetheP'he'rel8fore Or qereaRer. 3eirg hergby adopted by the '5rrporadon IS the original signatgre of such officer and the Ofignal seal of the CcrDcrat:en.- to De ville and bInding upon the Cci£larabQd with the safne force atrd effect as though-annually affixed.' IN WITNESS WHEREOF. iNTERNATIONAL FiDEL:W INSURANf;F attested these presents on thIS 31st day of December, 2015 .;OfvTPANY and ALLEGHENY CASUALTY CC)hIPANY have each executed and STATE OF ND/V JERSEY County of Essex ROBERT '/V . MiNSnR B:FIjis;gig:g;F:Evr£WEI;#'Eg%.n, On thIS 31st day of Dec8mber 2015 before me carne the indivIdual who executed the preceding in3aurnent. to me personally known. and. beIng by me duly sworn said he IS the therein descrIbed Ind autharized officer of INTERNA’tONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTy COMPANY ; that the seals affixed to saId instrurrlent are the Corpor3te Seals of saId CompanIes: that the said CorDorate Seals and hIS signature were duly affixed oy order of the Boards of Directors of said Companies IN f£STIMONY WHEREOF. i have henun© set my nan(i afRxeg my Official Seal, at the City of Newark. New Jersey the day and year IISt above WIItten Cat# A NOTARY PUBLIC OF NEW JERSEY M)' CommISsion Expires April 16, 20'9 I. the undersIgned fficer of INTERNATiONAL FIDELITY iNSURANCE CONtPANV and ALLEGHENY CASUALTY COMPANY do heaDy ;ertify tha! ! nave COrnpared the foregoIng COpy of the Power of Attorney and affidavIt. and the copy of tile Sections of the By-Laws of saId Companies as set forth in said Power ot Attorney. with the origInals on file in the home office of said colnpanles. and that the same are correct transcrIpts ttIereot. and of the whOle oF the saId orIgInals. and that the SaId Power of ALtcrnoy has not been revokea and is now in full force and effecl CERTIFICATION iN TESTiMONY VVnE?EOF have hefeun to set my hand thIS SEP 2 2 2G iIi Jay of @@#r >&&n'& MARIA 8RANCO. Assistant Secretar/ ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the idenbty of the individual who signed the document to which this cerdficate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of Oranqe } On SEP 2 2 2016 before me Gina L. Garner, Notary Public personally appeared Michelte Haase who proved to me on the basis of satisfactory evidence to be the person(d whose name b) is/HR subscribed to the within instrument and acknowledged to me that he/she/W executed the same in kb/her/&Mr authorized capacity8exk and that by hMher/Bmk signature8) on the instrument the person bi, or the entity upon behalf of which the person(q acted, executed the instrument. M-;m16m TiE=FHM 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, a/L : atl bl COMM.#2021213 i hNarARY PUBUC CAunnRA ORA}6E COWIY ny 1& a0171(1111(11NnMrIr1 + N)D II'•ION AL OPTIONAL INFORMATION NSTRL'CTIONS FOR COIUPLETWG THIS FORM other states nta) be completed for docutu€nts beIng sent to that slate so long as the wordIng does not require the CalifornIa notary to VIolate CalifornIa nolary lau, --+ TIll lh r 'rlrpr/IIII DESCRIPTION OF THE ATTACHED DOCUMENT I if needed. should be completed and attached to Me do;IInen; ’Ackndwcdgcn iI front (Notary Public Seal) {Tide or descdpbon af attached document)State and Ctiunty lnfonn8Uon must be the State and t-ounty where the dtxulncnt SIgner(s) personally appeared before the notary pUbIIC for acknowledgment, Date ofnotanzation must be the dale dIal the sigaw(b) personally rpprared WhICh must also be the same date the acknowledgment is completed. nIC notary pUbIIC must print his or ha name as it appears WIthin his or her Pnnt the nanqs) of document signals} who personally at>par at the tune of Indicate the correct SIngular or plural II)ntIS by crossIng off Incorrect fi;nns f,I.e hw'shuthey, is ,an ; or CIrcIIng the correct tbnns. FaIlure to correctly IndIcate thIS llle notary seal unplaslon must be claIr and photogTnphlcally reproducible. ImpressIon must not cover text or IIncs. If seal mnprcsslon slnudBes, re.saI if a ed h dO 'Ulry nublQin nI tIn d J bnIInE sutTicient inn pernrlb. athcrwisc =olnplcte a dlffcrenl dcknow{edgrnent fonn SI nature of the notary publtc must motch the slgnirurc OII nIc WIth the oNce of rk)llr1 ':' Additional infonnation 15 not requIred but could help to cnsulc thIS ucknowledgment is not lnisuscd r)1 3ttached to a different dlxurnrnt O IndIcate tItle or tHX of attached docurncnt. number of pages and date. ':• Indlcutc the capacIty ;lanned by the SIgner if thc ;lawned :apec it) h ffi d ItrW Sccurcly rtlach this doculncnt to the _sIgnal doculncnl WIth d staple (Title or description of atlaSed document continued) Number of Pages Document Date_ CAPACITY CLAIMED BY THE SIGNER a Individual (s) [] Corporate omcer a M a a TFeT Partner(s) Attorney-in-Fact Trustee(s) Other CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT CIVIL CODE S 1189 A notan/ public or other officer cornpleting 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 a Fa Ft4f, o- :Y©klbr(/&, nIk Mb'em.. person,Uy ,pp:„,d JGott l4ahz Name(s) of Signer{s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrurnent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certifv under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct,PJ,'Il: iTV,b1 bUry Page QuIn Caller Commission # 2154518 Comm.24. 2020 WITNESS my hand and official seal Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date Number of Pages: Signer{s) Other Ttlan Named Above Capacity(ies) Claimed by Signer(s) Signer’s Name: Corporate Officer – ntle(s): J Partner – E Limited E General : Individual = Attorney in Fact : Trustee - Guardian or Conservator : Other: Signer is Representing: Signer’s Name: J Corporate Officer – Title(s) = Partner – I Limited =] General : Individual : Attorney in Fact : Trustee : Guardian or Conservator ; Other: Signer is Representing .Cd;C<4K4<;C{=<Xv<#YJvX;/JC£YH<KW+c4#V<;P&<j<;€KXigc;<#XKQIC<!!i<i< ©2014 National Notary Association • www.NationaINotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 MgjbM [ rFXI INTERNATIONAL FIDELITY INSURANCE COMPANY Stn£14ohip9ince-lgC+-SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND Issued in Duplicate Bond No. 0702650 Premium included in Performance Bond KNOW ALL MEN BY THESE PRESENTS: Tbat we, Olson Urban II- Downey 1, LLC as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, duly authorized under the laws of the State of New Jersey to become surety on bonds and undertakings, as Surety. are held and firmly bound unto City of Downey as Obligee in the full and just sum of STxty Two ThoUsand Seven Hundred Ninety Dollars, lawful money of the United States of America, for the payment whereof, said Principal and Surety bind themselves their heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT, Whereas, the Principal and Obligee have entered into an agreement whereby the Principal agrees to install and complete certain designated public improvements, which agreement, dated , and identified as project Village Walk Tract - , is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the Obligee to secure the claims to which reference is made in Titte 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California Now, therefore, the Principal and the undersigned as corporate Surety, are held firmly bound unto the Obligee and all contractors, subcontractors, laborers. materialmen, and other persons employed in the performance of the agreement and referred to in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code in the sum of SixtY Two Thousand ' Dollars ($ 62.790.00 ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth. and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by county (or city) in successfully enforcing this obligation, to be awarded and fixed by the court. and to be taxed as costs and to be included in the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, cornpanies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed shall be and remain in full force and effect. then this obligation shall become null and void, otherwise it The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond and it does hereby waive notice of any such change, extension, alteration, or addition Sealed with our seals and dated this 22nd day of September 20 16 Olson Urban II - Downey 1. LLC INT :RNATIONAL FIDELITY INSURANCE CO / Principal Michelle Haase Attorney-in-Fact 'Seven Hundred Ninety ’'Map No.73999 Located at 8150 Third Street EXHIBIT '’C" Signature Block - Olson Urban II – DOWNEY 1, LLC OFFICIAL SIGNATURE BLOCK FORMAT OLSON URBAN II - DOWNEY 1, LLC a Delaware limited liability company By: OLSON URBAN COMMUNITIES II, LLC a Delaware limited liability company Sole Member By: OLSON URBAN VENTURES II, LLC a Delaware limited liability company Sole Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Managing Member By:IN TOWN WING, INC a Delawa$6 cqrporation Managing Me.fnber f 1 By : Nar Title: dMa_ MrIIFE%Fl%d Ut8cer RESOLUTION NO. 17-7689 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING APPOINTMENT OF MIGUEL DUARTE TO THE PLANNING COMMISSION FOR COUNCIL DISTRICT 1 THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HERBY RESOLVE AS FOLLOWS: SECTION 1 The City Clerk shall certify to the adoption of this Resolution SECTION 2. Miguel DuaNe is hereby appointed to the Planning Commission for Council District 1 for the term expiring December 2020 SECTION 3. The City Clerk shall certify to the adoption of this Resolution and transmit a copy thereof to the appointee. APPROVED AND ADOPTED this 24th day of January,b& DO VASQUEZ, MayorFb ATTEST: /)hUN MMC 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 January, 2017 by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN Council Members: Pacheco, Rodriguez, Saab, Ashton, Mayor Vasquez Council Member: None Council Member: None Council Member: None