HomeMy WebLinkAboutResolution No. 17-7695-Approving Tract Map No. 67602RESOLUTION NO. 17-7695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AGREEMENT WITH THE SUBDIVIDER FOR CONSTRUCTION
OF SUBDIVISION PUBLIC IMPROVEMENTS FOR TRACT MAP NO. 67602
WHEREAS, on May 24, 2016, the City Council approved Tract Map No. 67602
Agreement with the subdivider for construction of subdivision public improvements and adopted
a minute action recommending City Council approval of said map, and
WHEREAS, a request to rescind/revoke the existing agreement on file and replace the
agreement with a new subdivision agreement (Exhibit "A") between the City and 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 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 request for rescission/revocation of the existing agreement for Tract
Map No. 67602 is hereby approved and:
SECTION 2. That the Agreement for Construction of Subdivision Public Improvements
associated with Tract Map No. 67602 (ExhibIt “A") 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 14th day of February, 2017
FEFiNANDO VASQUEZ, Mayor
D I
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 14&' day of February, 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
[Z
ADRIA M. JIA
City Clerk
EXHIBIT A
CITY OF DOWNEY
AGREEMENT FOR CONSTRUCTION OF SUBDIVISION IMPROVEMENTS
(Guaranteed by a Subdivision Performance Bond)
ThIs AGREEMENT i, made and entered into this IV th day or
Feb FbUb:q , 2017, by and between the City of Downey, California, a
municipal corporation and charter city, hereinafter referred to as
" City" , and HOIKE , LP, a California Limited Partnership hereinafter
referred to as "Developer" , whose business address is 1300 Quail
Street , Suite 108 , Newport Beach, CA 92660
IN CONSIDERATION of City's approval of the final subdivision map
( " Tract Map" ) prior to the completion and acceptance of certainimprovements required by conditions of approval of the tentatIve
subdivision map ( "Tentative Map" ) for Tract Map No. 67602 ( "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 following
improvements and all work incidental thereto within the Subject Tract
Map, to wit : Construction of drive approach, construct sewer lateral,
install eight water meters , install street light , installation of two
parkway trees , and sidewalk improvements 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 at
length 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 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 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 Fifty Two Thousand Dollars ($ 52 , 000.00 ) . Should the
1
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
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 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
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 CO Ehis 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 .
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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
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!@CommissIon # 2103450
Notary Public . California
Orange County
hDlres Mar 16. 2019
Partner
( Title)
(TO BE NOTARIZED)
CITY OF DOWNEY
ATTEST
'y: \C -'e–,
MAYOR, Fernando Vasquez
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aTY m
( SEAL )
am( R Im
APPROVED AS TO FO
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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24.528 SQ. Fr.TRACT NO. 67602
SH£ET I OF 2 SHEETS
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BEING A SUBDIVISION OF A PORTION OF LOT 12 OF TRACT NO-
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THE SUBDIVISION MAP ACT
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TRACT NO. 67602
IN THE CITY OF DOWNEY
COUNTY OF LOS ANGELES. STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
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NW'LY LINL OF LOT 12 OF (®EbIA8 arPRORATiON FROM BROOKSHiRE AVE
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Bond No(s). 4410275
Premium Sl,040.OO
FAITHFUL PERFORMANCE BOND
(Multiple Surety Form)
WHEREAS, the CITY OF DOWNEY, a municipal corporation and charter city of
the State of California ("City"), and Hoike, LP, a California Limited Partnership as
principal ("Principal") have entered into an agreement entitled Aqreement For
Construction Of Subdivision Improvements, Tract Map No. 67602, 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 the Principal and SureTec 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 Fifty Two
Thousand and 00/1 00 Dollars ($52,000.00), 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 oovenants,
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
Downey Performance Bond
EXHIBIT "B"
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 shaii 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
soecified above. there shall be included all costs. exoenses. 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 SureTec
Insurance Company (“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 shai: 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 January 5th , 20 17
Downey Performance Bond
2
PRINCIPAL:
Hoike. LP
(Principal name)(Seal)
(Signature)
aLi[IP CAkab*', - +&r-l&r
Print rdFMnd Title)
Principal address: 1300 Quail Street, SUIte 108
Newport Beach, CA 92660
Principal Telephone: (714) 270-33 12
SURETIES:
SureTec Insurance Company
(Surety name)A I r'- I„.. CAb,\an '\BL\
(Sm re)
(Seal)
Randy Spohn. Attorney-in-Fact
(Print name and Title)
Surety address: 3033 5th Ave. Suite 300
San Diego, CA 92103
Surety telephone: (619) 400-4105
Downey Performance Bond
3
(Surety name)
BY:
(Signature)
(Print name and Title)
Surety address:
(Surety name)
BY:
(Signature)
(Print name and Title)
Surety address:
(Seal)
Surety telephone
(Seal)
Surety telephone
(Surety name)
BY:
(Signature)
(Print name and Title)
Surety address:
(Seal)
Surety telephone
Downey Performance Bond
4
Affix Corporate Sea/s
Attach Notary Jurats for All Signatures
Attach Power-of-Attomey if executed by Attorney-i
Downey Perforrnance Bond
POA #, 510014
SureTec Insurance Company
LDVIITED POWER OF ATTORNEY
Know All Melt by These Presents, That SURETEC INSURANCE COMPANY (the “Company-), a corporation duly organized and
existing under the laws of de State of Texas, and ba\'bg its principal oEEce h Houston, HuBs County, Texas, does by these presents
make, constitute and appoint
Randy Spohn, Matthew R. Dobyns
its true and lawful Attorney-in-fact, with hIll power and authority hereby conferred in its name, place and stead, to execute, acknowLedge
and deliver any and all bonds, recognizances, undutakings or other instruments or contracts of suretyship to include waivers to the
conditions of contracts and consents of surety for:
and to bind the Company thereby as Rdly and to the same extent as if such bond were signed by the Presidenb sealed with the corporate
seal of the Company and duly attested by its Secretary, hereby ratifying and con6nning all that the said Attorney-in-Fact may do in the
premises. Said appointment shall continue in force until 10/31'2915 and is made under and by authority of the following
resolutions of the Board of Directors of the SueTec Insurance Company:
Be if Resolved that the Presidenq any Vice-President, any Assistant Vice.President, any Secretary or any Assistant Secmtary shall be and is
hereby vested with fUll power and authority to appoint any one or more suitable persons as Attorney(s)-in.Fact to represent and act for and on
behalf of the ComDany subject to the following provisions:
Attorney-in-Fact may be given full power and authority for and h the name of and of behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, ncognizances, contracts, agreements or indemnity md other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company’s liability thereunder, and any such instruments so executed by any such
Attorney-in.Fact shall be binding upon the Company as if signed by the President and sealed and eKected by the Corporate Secretary
Be if Resolved that the signature of any authorized o8icer and seal of the Company heretofore or hereafter a#ixed to any power of attorney or
any cati6ate nhting thereto by facsimile, and any power of 3aonrey or certi6caie bearing facsimile signarrue or facsimile seat shall be valid
and binding upon the Compmy with respect to any band or undertaking to whiM it is attached. (Adopted afa meeting held on 20'h of AprIl,
1999.)
Five Million and 00/100 Dollars ($5,000,000.00)
in W'imcss Whereof, SLREHC INSURANCE COMPANY has caused these presenb to be siP ed by its President, and its coqoratc SEal
to be hereto anxed this 21st day ofiVlarcII, A.D. 2013
SURETEC INSURANCE COMPANY
By:
John
State of Texas
County of Harris
GxTI)R&aiR
On this 21st day of March, A.D. 20 13 before me personally came John Knox Jr., to me known, who, being by me duly sworn, did depose and say, that he
resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above
insmlment; that he knows the seal of said Company; that the seal a£6xed to said insarlrnent is such corporate seal; that it was so affixed by order of the
Board of Directors of said Company; and that he signed his name thereto by like order.
TaBl;FN=amiFRi;E
My commission expires May 18, 2017
I, M. Brent Beaty, /bsistmt Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy
of a Power of Attorney, executed by said Company, which is still in fUll force and eeect; and furthermore, the resolutions of the Board of Directors, set
out in the Power of Attorney are in full force and effect
Given under my hand and the seal of said Company at Houston, Texas this 5th day of Januar I.2017 , A.D.
g /7,,$/j
;1. Bret(c Beaty: Assistant becrctary
Any instrument issued in excess of the penalty stated above is totally void and wIthout any vaIIdity
For verification of the authority of this power you rnay caII (713) 812-0800 any business day betwe8a gl90 am and 5:00 ,wa CST
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who siuned the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of CALIFORNIA
County of ORANGE
On January 5th, 2017 before me, ERIKA GUIDO, NOTARY PUBLIC,
personally appeared RANDY SPOHN
mIV who proved to me on the basis of saUsfactory 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 M, and that by his/her/their signature(s) on the
nstrument the person(s), or the enUty 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/Btntand and official seal.
\'€1&N//b
B;iia–a&ihT
/
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRiPrION OF ArrACHED DOCUMENT
[] INDIVIDUAL
[] CORPORATE OFFICER
Tl PARTNER(S) rJ LIMITEDF: ATrORNEY.IN-FACT
LI TRUSTEE(S)
: GUARDIAN/CONSERVATOR
= OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR EFrrrrY(iES)