HomeMy WebLinkAboutResolution No. 17-7696-Approving Tract Map No. 74254RESOLUTION OF • OF OF DOWNEY
IMPROVEMENTSAPPROVING TRACT MAP NO. 74254, AND AGREEMENT WITH THE
SUBDIVIDER FOR CONSTRUCTION OF SUBDIVISION PUBLIC
r THE ABANDONMENT OF PORTION OF -
ALLEY
WHEREAS, on December 7, 2016, the Planning Commission considered Tract Map
No.74254 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 bond (Exhibit "B") as
surety for faithful performance of the terms of the agreement, and
WHEREAS, the City Council of the City of Downey upon recommendation of the
Planning Commission finds that the abandonment of said portion of "future alley" described
herein serves the public benefit, and
WHEREAS, the adjoining property owner has requested that the public right-of-way be
abandoned.
NOW THEREFORE, the City Council of the City of Downey does hereby resolve as
follows::
SECTION 1. Tract Map No. 74254 is hereby approved.
SECTION 2. The agreement for Construction of Subdivision Public Improvements is
hereby approved and the Mayor is hereby authorized to execute the proposed agreement
between the City and the developer.
SECTION 3. That the subdivision improvement performance bond is hereby accepted.
SECTION 4. The public right-of-way is hereby being abandoned as described below
That portion of 20 foot wide future alley shown on the map of Tract Map No. 16032, Lot 82, in
the City of Downey, County of Los Angeles, State of California, as per map recorded in book
354, pages 19 and 20 of maps, in the office of the county recorder of said county. Pursuant to
California Streets and Highway Code Section No. 8346 and said aforementioned areaisfully
reserved as an easement for public utilities providing _the rights necessary to use, maintain,
operate, repair, replace, remove, or renew public facilities.
SECTION 5. The City Council hereby orders the abandonment of a portion of the "future
alley" and authorizes the City Manager to execute documents pertaining to alley abandonment
pursuant to Section 66434(g) of the subdivision map act, and Streets and Highway code that
portion of the "future alley" lying within the boundary of thismapand which offer of dedication
was accepted by the city of Downey Resolution No. 1586 recorded July 14, 1965, as instrument
No. 3024 in Book D2976 page 35 of Official Records.
SECTION 6. The City Clerk shall certify to the adoption of this Resolution and is 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 141h day of Februa ,7x
FERNANW VASQUEZ, Mayor
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 14th day of February, 2017 by the following
vote, to wit:
AYES: Council Members: Pacheco, Rodriguez, Ashton, Mayor Vasquez
NOES: Council Member: None.
ABSENT: Council Member: None.
ABSTAIN: Council Member: Saab
ADI IA M. AMENEZ, PMC
City Clerk
CITY OF DOWNEY
AGREE]MENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC 324PROVENENTS
(Guaranteed by a Subdivision Faithful Performance Bond)
This AGREEMENT is made and entered into this day of
2016, by and between the City of Downey, California, a
municipal corporation and charter city, hereinafter referred to as
"City", and Florence-McKinleyDCF Telegraph, L.P., hereinafter referred
to as "Developer", whose business address is 8141 Second Street, Suite
520, Downey, CA 90241.
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. 74254_("S ject
Tract Map"), the parties hereto agree as ollows:
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 & utter,
reconstruct sidewalk, install street trees, install City standard LED
street lights,— fire hydrants, water meters, and sewer mainline
connection 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 completiondateis
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 that required by Section 9243 of the
Downey Municipal Code, which amount is One Hundred Ninety One Thousand
Dollars ($ 191, 000. 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
I
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
rnin� i -he subject matter n.ereof and �allll C;L�J��-1=1=-nts
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 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.
M
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:
Tome Abboud
General Partner
(Title)
ATTEST:
A
Ca�CLERK, Ndria"�.Jimcnez��
(SEAL)
APPROVED AS TO FORM:
B: 'tA
By
4CW-ATTORNEYQ h�
0
By®_
MAY R, Fernando Vasquez
CALIFORNIA ALL -I PURPOSE
C�RTIFICAV� OP 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 I
County of I
On before me, Carr Inc,, rnezcUe'l, r)0+CU?'1j PI.LkIlIC, t
personally appeared -To 1h A19b I �u
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who proved to me on the basis of satisfactorV evidence to be the r)erson(!g) whose
name($)(:1 V,a;;4- subscribed to the within instrument and acknowledged to me that
(ishe,tthey executed the same in ii hit authorized capacity(ies), and that by
<ffA'itherfteir signature(&) on the instrument the person(}, or the entity upon behalf of
which the personfs) 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.
CAR ril , N, A Adil i,"Z C U A
WITNESS my hand and official seal. 1�
MARY PUB! 212 1
C-G,kLFQRN1A
'i y -'XMIA- 3 2,111
Notary Public Signature (Notary Public Seal)
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INS TRUC'nONS FOR CONTLETING TfflS FORM DDITIONAL OPTIONAL INFORMAT ON j-,�r',,jctwjcontpheswirh ourreng California saat4us regarding notary wording and.
DESCRIPTION OF THE ATTACHED DOCUMENT Y'needed, should be compkied and attached to Me doeumew, Acknowledgmenu
-7�,-" 6111��hvcth'ors or- from other states may be contletedfor docutnents being sent to al =0 so long l` Burt
= the wording does nor require the Cahfornia notary to violate caitromia o2wary
law
(title or description of attached document) -'Stme and County information mum be the State and County where the document
stper(s) personally appeared before the notary public for acknowledgment.
(Me or description of attached document continued) - Date of notarization must be the date that the sigrter(s) personally appeared which
must also be the same date the ticknowWgment: is completed.
- 'nit notary public must print his or her name as it appears within his or her
Number of Pages — Document Date commission followed by a comma and then your title (notary public),
- Print the name(s) of document SipeT(S) Who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off Incorrect forms (i.e.
[I Individual (s) helshcAhey'- is iiife ) or circling the correct forms, Padre to correctly indicate this
information may lead to rejection of document recording
[I Corporate Officer ® The notary seal inapression as be clear and photograpitteally reproducible.
Impresston in= not cover text or lines. If seal impression smudges, re -seal if a
i e) sufficient area permits, otherwise complete a different acknowledgment form.
0 Partner(s) Signature of the notary public must match the signature on file with the office of
the county clerk.
El Attorney -in -Fact Additional information is not required bid could help to ensime this
E] Trustee(s) acknowledgment is not misused or attached to a different document
Other Indicate title or type of attached document, number of ger and date
Indicate the capacity claimed by the signer, If the claimed cap city is a
corporate officer, indicate the title (i.e, CFO, CK), Secretary).
Lii�201 5 Version vv,,vw,NotarVC!@sses.--0?—, BGO-873-908e5 Securely attach this document to the signed document with a staple-
FAITHFUL PERFORMANCE BOND
(Multiple Surety Form)
WHEREAS, the CITY OF DOWNEY, a municipal corporation and charter city of
the State of California ("City"), and FLORENCE-MCKINLEYDCF TELEGRAPHL.P.
as principal ("Principal") have entered into an agreement entitled City of Downey,
A�qreement for Construction of Subdivision Public Improvements, Tract ,Map, No.
74254 incorporated herein by reference and referred to as the "Contract," which
requires Principal to install and complete certain designated public improvements-, and,
11�111p i
NOW, THEREFORE� we the Principal and American Contractors
1040122hify Corapany z
, all of which are corporations duly authori ed and
admitted to transact business and issue surety bonds in the State •.
:�11111111111111 1111111
MWE 110-27MMIs
• Hundred Ninety • Thousand and no/100 • 111 11
for the payment of which sum well and truly to be made, we the Principal
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
be kept and performed at the time and in the manner therein specified, and
Downey Performance Bond EXHIBIT 11131f
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 shall be null and void; otherwise, it
shall be and remain in full force and effect.
specified above, there shall 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 American
Contractors Indemnity 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 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
2
Downey Performance Bond
I . . 1 0
(Principal name) (Seal)
BY:
(Signature
,Print name and Title)
"Irincipal address,
90,41 9`0 S+-,
M
ii- -0 at a A
(Suretv name) (Seal)
M
MAN R ral I — i
(Print name and Title)
Surety address -
601 S. Figueroa St., Suite 1600
3
Downey Performance Bond
Principal Telephone:
JV- SS 31
EMEREME=
•: ,
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 LOS ANGELES
-7- 0/6 before me, PATRICIA KANEGAWA PEREZ, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared ADAM FEINBERG I
who proved tome on the basis of satisfactory evidence to be the person(:&) whose name(9) is/ame
subscribed to the within instrument and acknowledged to me that helsOeAlW executed the same in
his/WAtwir authorized capacity(jEs), and that by hisAimOmksignature(6) on the instrument the
person(, or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify U - nder PENALTY I OF PERJU I RY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature—
KA,.AjE0AWJk PEREZ
P ATXG
5
COMM, #2125219 z
iic - California
Notary Pu6 0
Z Los Angeles COUrItY
N r
CALIFORNIA ALLj-- PURPOSE
CERTIFICATE OF ACKNOWLWOM861T
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 I
C 0 u n ty of 0.� Aiije tes
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. '. 7�ZC�U
ffiA
notary Public 'Signaturie— �j (Notary Pubic Seal)
-------------------
ADDITIONAL OPTIONAL INFORMATION7-h,f,, E\TSTRUCUONS FOR COMPLETING U -US FORM
r—moliesivith nxxoenr CalfJbrma 4iwsae; regarding nowry war Ing and,
DESCRIPTION OF THE ATTACHED DOCUMENT if needed, shouldbe completed and attached to ter,- docwftnj.
firom
Other Staids may be compleledfor doctiments being sew ro dwislate yo long
= tire 10-dIng does Ma' require Me Cahfisrnia notary to vtolole California notmy
Fa Aer�ormanee and Idle,
(Title or description of attached document) State acrd CounN miss anon mea iso t6 4.
or desc6pbon of attached document confinued)
umber of Pages Document
CAPACITY CLAIMED BY THE SIGNER
0 Individual (s)
EJ Corporate Officer
(Title)
0 Partner(s)
ED Attomey-in-Fact
E] Trust (s)
Ej Other
2015 .Ve,-skar
it TOKIOMARINE
,t4N14 H C C
.1 .11 Eft
i as t a pw,14 r, I �91 A I.,10
The Attorney -in -Fact named above may be an agent ora broker of the Company. The granting of this Power of Attorney is specific to this
bond and does not indicate whether the Attorney -in -Fact is or is not an appointed agent of the Company.
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President
on this 1 3t day of December 1u 14,
State of Califomia
County of Los Angeles SS:
Irm
I fil, 1 1.
mpleting this certificate
I N D E M N ", CO' M P A W
On this 1 " day of December 2014, before me, Maria G. Rodriguez -Wang , a notary public' personally appeared Adam S. Pessin, President of
American Contractors Indemnity Companywho , proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf of which the person 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.
r! Cammisiion 2448771
Signature (seal)
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution
adopted by the Board of Directors of said C-nnnnqnv as set forth above, are true and correct transcripts thereof and that neith— the said
-- , -- — I I
Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS WHEREOF, I have hereunto seamy hand this 7th day of November 2016
Bond No,
100329890
Agency No, 6884 uyyr seaaa_Z,0 =4` `ant Se rtar
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