HomeMy WebLinkAboutResolution No. 18-7774-Approving Tract Map No. 74254RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING i
. 74254 AND AGREEMENT WITH THE
SUBDIVIDER • " CONSTRUCTION OF = Di -1 PUBLIC
IMPROVEMENTSD•' PORTION OF
WHEREAS, on July 19, 2017, the Planning Commission approved an amendment to
Tract Map No. 74254 attached here in as Exhibit "A" .
WHEREAS, on December 6 2017, the Planning Commission considered Tract Map
No. 74254 and adopted a minute action recommending City Council approval of said map, and
WHEREAS, a proposed requiredsubdivisionagreement (Exhibit "B") 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 "C) 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 services the public benefit, and
WHEREAS, 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. The Tract Map No. 74254 is hereby approved and;
SECTION 2. That the agreement for Construction of Subdivision Improvements
associated with Tract Map No. 74254 is hereby approved - and that the Mayor is hereby
authorized to execute the agreement between the City and the developer in a form approved by
City Attorney and;
SECTION 3. That the subdivision improvement performance bond is hereby accepted
and;
SECTION 4. The public right-of-way being abandoned is described as follows:
THAT PORTION OF 20.00 -FOOT WIDE FUTURE ALLEY SHOWN ON THE MAP OF TRACT
NO. 16032, LOT 82,- IN THE CITY OF DOWNEY,_000NTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PERMAPRECORDED IN BOOK 354, PAGES 19 AND 20 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OD SAID COUNTY. Furthermore, pursuant to
the California Street and Highway Code No. 8346 and said aforementioned area is fully
reserved as an easement for public utilities providing the rights necessary to use, maintain,
operate, repair, replace, remove, or renew said facilities.
RESOLUTION NO. 18-7774
PAGE 2
SECTION 5. The City Council hereby orders the abandonment portion of "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 this map and 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, not shown on the map.
SECTION 6. That City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 13`h day of February, 2018.
i
S—EAICASHTON, Mayor
AR �ALICIA�DUA�RTE, t C
City Clerk
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 13th day of February, 2018 by the following
vote, to wit:
AYES: Council Members: Pacheco, Rodriguez, Vasquez, Mayor Ashton
NOES: Council Member: None.
ABSENT: Council Member: Saab
ABSTAIN; Council Member: None,
MA LICIA DUARTE, CMC
City Clerk
39 NUMBERED LOTS
SHEET i OF 3 SHEETS
1 LETTERED IOT
72,489 SO. FL;.
TRACT
NO. 74254
IN THE CITY OF DOWNEY
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF LOT 82 OF TRACT NO.. 16032,
TOGETHER WITH THAT PORTION OF SAID LOT DESIGNATED AS
'FUTURE ALLEY", AS PER MAP RECORDED IN BOOK 364, PAGES 19 AND
20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
FOR PLANNED UNIT DEVELOPMENT PURPOSES
OWNER'S STATEMENT
WE HEREBY STATE THAT WE. ARE THE OWNERS OF OR ARE INTERESTED IN
SURVEYOR'S STATEMENT
THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN
THE IS 5 TINCTIVE BORDCR LINES, AND WE CONSENT TO THE PREPARATION
THIS MAP WAS PREPARED BY M£ OR UNDER MY 7IRLCTTON AND i BASED UPON A TRUE AND
AND FILNG OF SAID MAP AND SUBDIVISION.
COMPIETE FIELD SURVEY PERFORMED BY ME OR UNDER MY DIRECTION IN AUGUST 2016, IN CONFORMANCE:
Florence-McODWvDCF TM.g,.ph,. LP.,
WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOC L ORDINANCE AT THE REQUEST OF
AAILYAe uJR;:: TylY 4afn5PY 0arlr;:
FLCRENCE-McKINUEYOEF TELEGRAPH L -P, ON AUGUST, 2016.. 1 HEREBY STATE THAT THIS FINAL MAP
'
Iva oriel{ 4:
SUBSTANTIAL_Y CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. THAT ALL THE MONUMEV-S
ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED: AND THAT THE MONUMENTS ARE
-"""�"-
SUFFICIENT TO ENABLE THE SURVEY TO BE. RETRACED.:
NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER CCi%IPM1.EnNaI fFtl� C#.�'11FICA mE
C
TC
VERIPIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED 1.1
O=iBFNT TO V"CH 1HIS &EA'TIFICA.TT IS ATTACII£0, NO" TO
ERIC K CHIAN., LS 6571 IDA
Abs OYIP �
'
.AND
THE TRUITHP LahEA ACCURACY, OR VALLDO`' Of ¢IAT DOCUMENT.
EXPIRES: 06/30/2019
�=,P �� F6tYw ,982'1 �
m�
STATE OF CALIFORNIA
COUNIT OF Lft ANDEUS
T $d$'. AADiv..
Rs9 AiL`C
Mo pR 'ED xc v. a 9As a, 4A91L'AcTCRY
CITY ENGINEER'S CERTIFICATE:
EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBCRIBED TO THE.
t HEREDY CERTIFY THAT t HAVE EXAMINED THIS MAP AND TWAT FT CONFOR S SUBSTANTIALLY TO THE TENTATIVE
WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE
MAP AND ALL APPROVED ALTERATIONS THEREOF, THAT ALL PROVISIONS t STATE LAW AND LOCAL SUBDIVISION
SAME IN HER AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES
URSHANCES OF THE CITY OF DOWNEY APPLICABLE AT TYE TIME IF APPRI AL OF THE TENTATIVE HAP HAVE BEEN
ON THE INSTRUMENT, THE PERSONS OR THE ENTITY JPON BEHALF WHICH
LIED WETH, AND THAT ALL PROVISIONS O SECTIO! 66442 t®}CS)f2b. AD (3) HAVE BEEN IED WITH
THE PERSONS ACTED, EXECUTED THE INSTRUMENT,
I CERTIFY UNDER PENALTY C'9' nRAAIRY UNDER Hit LAWS OF THE STATE
THE P PARAGRAPH IS:: CORRECT..
GF CALIFORNIA THAT POUNC TRUE AND
MINESa MY HAND
_ _....w...:.. ..�.,-...:...m...;.;:.,., gut
JAHAN , OSXGU1, CITY ENGENE R DATE
•
CITY OF VJWNEY
SIGNATURE
RCF_ 55115, EXPIRES 6-30-201B
OP 4d�dt: �..
CONAME
N A7 moclE
C,15i 15
DATE COMMISSION FXPIRES
4�-541-+9 !
,6
COMMISSION NUMBER $ 8��y, ...
Uj COV �
PACIfle ALWANCE 0A00. 8ET4ET'9EIAPIY UN.OEtA A oao OF IRJ5"T PFCOMED
CONTRACT CITY SURVEYORS CERTIFICATE:
MAY,ID77 AS 'R 0,11 Hex 201 ATD;D 461 OFFNUQ, RCOSIR0'R;
`
i HEREBY CERTIFY THAT I HAVE EXAMPED T.IIS NAP AND S AN SATISFIED THAI THIS MAP IS TECHNICALLY ClY#RECP.
// ,t
AN;E6 n.T` Loj, 04P
NOTARY ACKNOWLEDGEMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE
D�VTB o M9ELLLAN
DA , PROFESSIONAL D SURVEYOR DATE
PLC, WI 5301
HIA4si5 p, kCPdCA.$' m
IDENTITY OF THE INDINOUAL W410 51CNED THE
VERIFIES ONLY THE IRON
DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED,. AMC NOT TO
PI..�S DOD iYRI IAr
THE TRUTHFULNESS. ACCURACY.: OR VALIDITY OF THAT DOCUMENT,
STATE OF CALIFORNIA
cwtt "SIM` vos: AN LES'
,. AI NOTARY
IAa' 9C, $SON.ALLM A7p..
WHO PROVED TO MEON.THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSONS MiOSE NAMES ARE SUSCRIBED TO THE
NATHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE
SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES
CITY CLERKS CERTIFICATE:
ON 'HE INSTRUMENT, THE PERSONS OR THE ENTITY UPON BEHALF WHICH
THE PERSONS ACTED -EXECUTED THE INSTRUMENT.
I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OFDOW,EY BY MOTOR PASSED ON THE
,
DAY OF 201 -, APPROVED THE ATTACHED MAP,.
I CERTIFY UNDER PENALTY OF PERJURI UNDER THE LAWS OF THE STATE
OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT,
AND DID ALSO HEREBY ABANDON PURSUANT TO SECTION 06434(g)OFTHE SUBDIVISION MAP ACT,
WI /NESS MY HAND
ES,
THAT PORTION THE "FUTURE ALLEY" LYING W➢THI,V THE BOUND TRY OF THIS MAP AND WHICH
WAS SHOWN ON AND DEDICATED ON TRACT NO. 18032 AND MR ' OFFER OF DEDICATION WAS
SIGNATURE
ACCEPTED BY CITY OF DOWNEY RESOLUTION NO, 1566 RECORDED JULY 14, 1865 AS INSTRUMENT NO.:...
NAME OF NOMY
3024 IN BOOK D2970 PAGE 35 OF OFFICIAL RECORDS. NOT SHO' I ON THE MAP
DEPRITY iN 194NF:t4 OW
DATE COMMIES101C SES
I®�
comVIGEDGN k 'R :1E..:�M1
AUCIA DUARTE, CMC DATE
INERIM CITY CLERK -CITY OF DOWNEY
I HEREBY CERTIFY THAT ALL CERTIFICATES HAVE BEEN FILED AND
BETTE HAVE BEEN MADE THAT ARE REQUIRED UNDER THE PROVISIONS
CITY TREASURERS CERTIFICATE:
OF SECTIONS 66492 AND 66493 OF THE SUBDIVISION MAP ACV,
EXECUTIVE OFFICER,:. BOARD OF SUPERVISORS OF
I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS LEVIED UND'R THE. JURISDIC-TON
THE COUNTY OF LOS ANGELES, STATF OF CALIFORNIA
OF THE CITY OF DOWNEY, TO WHICH THE LAND NCLUDED ,N THE WITHIN SUBDIVISION OR
..ANY PART THEREOF IS SUS ED-, AND WHICH MAY BE PAID IN FJLL,. HAVE BEEN PAID IN FULL,
BY:
DEPUTY DATE
-..�.....
CITY .TREASURER®CITY OF DOWNEY DATE
BASIS OF BEARINGS:
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARINGN36'4400'W OF THE
I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF $
CENTERLINE OF TELEGRAPH ROAD, FORMERLY KNOWN AS ANAHEIM TELEGRAPH ROAD
wnB SEEN FILED NTH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS
AS SHOWN ON MAP OF TRACT NO, NO. 16032, RECORDED IN BOt'�; 354, PAGES 79
OF THE COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT
AND 20 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF IDS ANGELES COUNT,.
OF. TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TARES ON THE
LAND SHOWN ON MAP OF TRACT NO. 74254 AS REQUIRED BY LAW,
EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF.
THE COUDUY OF LOS ANGELES, STATE OF CALIFORNIA
:PLANNED UNIT DEVELOPMENT NOTE
BY:.
THIS TRACT IS APPROVED AS A PLANNED LIMIT DEVELOPMENT PR^JECT FOR 40 LOTS,
.-..
.
DEPUTY DATE
WHEREBY THE OWNERS OF THE LOTS 1-39 WILL HOLO AN UNDIV ED INTEREST IN THE
COMMON AREAS 'LOT A' THAT WALL IN TURN, PROVIDE THE NIECE ;ARY ACCESS AND
UTILITYEASEMENTS FOR THE LOTS.
SHUT 2 OF 3 SHEETS
TRACT NO. 74254
IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES
STATE OF CALIFORNIA
FOR PLANNED UNIT DEVELOPMENT PURPOSES
ESTABUSHMFNT NOTES:
INDICATES THE 9WWARY OF THE LAND El ESTABLISHED PARALLEL WITH CENlERUNE OF TELEGRAPH ROAD PER RI,
WNO SUBDIVIDED NY THIS MAP.
E2 MOST WTEIRLY CMi" OF LOT I AND MOST SOUTHERLY
INDICATES RECORD DATA PER REFERENCE STATED. CORNER OF LOT M 01. WAOUSHED BY PROPORTION.
CM INDICATES CALCULATED FROM REFERENCE STATED. E3 SOUTICOr CORNER Or LOT 14 AND JKAI$'AST MER
0 INDICATES MONUMENT SET AS STATED. OF LOT M, NoDoa FWNC, CSIABUSNED By QMM
DISCANOE FRW SELy MR RI,
REFERENCES:
Ri INDICATES RECORD DATA PER TRACT NO. 10032. MAL 3154-19-20
r
"104 PER Plii IOU PAM 446ASP IR "m ==ZU,
TELEGRAPH ROAD
—Ja
SETLICAD 1-10 TAG UM71
SET
SW44WC LEAD AND TA_
2' OFFSET AT 90'
27W
Ile - EZ5
1:f NOT A PART
OF THIS SUSDPASION
r�T *
1 6
L-
ISEE SHEET 3 FOR INTERIOR LOIS
AREA - 72,489 80. Fr.
1.694 ACRES Ado
FUTURE ALLEY
N3644'00"W E2 31L
SET LEAD & ! OW LS ad?l NCRIWAMMY UAE OF LOTS I %KWO1, ""E.
FACE WALL I Sao
AND SOOTKWmmky L*c
$HIM
LOT !0,
N53 -16'00'E. a2*' OF TRACT PARAAM, Ark CgultAlm or %fix RW PER Rl.
3a, 30.
NOT A PART
OF THIS SUBDIVISION
-------
i
------ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
El -j
— - — - — - -- — - — -- �_ -N;55'44'00'W
BIRCHCREST ROAD —FAN M.-
SCALE: I"=20° 7 SHEET 3 OF 3 SHEETS
TRACT
® ■
IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES
LEGEND.
STATE OF CALIFORNIA
INDICAMS HE BOUNDARY OF THE LAND
BEING SUBDIVIDED BY THIS MAP FOR PLANNED UNIT DEVELOPMENT PURPOSES
INDICATETIE BEARING AND DISTANCE
FROM THE BOUNDARY TO LOTS
NOTES:
LOTA IS COMMON AREA FOR 'LANDSCAPING, PUBLIC
U71LITY, PRIVATE DRIVEWAY AND FIRE LANE.
g 54 DB°
I 71P.17`
DETAIL'A'
NOT TO SCALE
L:1 N53°Eta44 6„4 :`
+g8.;"oc
'”
EU t4S8*4a°847W e'.20'-
ti4 "54'Twoo 321:.
N35°44 00"W ...278.56'
N38.4sw'W A ea:aa44'a6`tw '
r215 OO'� pa;415' 't1 S75i° 2't.418` 20 66 21 42' 31.00" 24 p0' 21.00.` '+➢ • " :70 50
A A $mssS a
z r� 6 r 7 � $ n 113
vs e:i xr �.F a2 "�« $;k4 .F R41 S F Boa S F :824 S,Fafl %42 fa".E. '' 3+a' + S.X Bie S.W
x
::®7000, 21:455° 21: 2 OW ' 71.455 ...30.56' 7142" :27.401 7140` I:. 2±.Ob'. " 25.8.5 5.21' nr:
A _... 290.95
g 39,392 30.: FT
n
COMMON AREA FOR LANDSCAPING, PUBLIC
U71L1TY, PRIVATE DRIVEWAY AND FIRE LANE
N36'44°00"W 286,98°
_. mm ..,..... .. ". FI T
as DD'
-NEW
� 2� or' %q,0s" 2:? 8� � 19< � iS. 71 3a :� z�.0�` 2�:, 25, 7' �. � 32'2
12 13 rM 3 w
845 5 2070 ,
® 3433
5361144 6s' r 51d sr, gr. 2B 3i sr
11
84$3 IF k. °41V 'W ' N.slt`44' ,W a sae" rs
21.34' : NBIS'T4'ODPW Y.SO'
N1%'44 WW 140.2""` MV441001W 46.25' 35
A 21 A 1.026 S.F,
14 845 aa.. � �::. 845 *1.fi 7t55"4a"
1845 SF
s�•4a'a4E� "a4%11°a`
40, 2w 36
& 22 2 R 9sS Bre
845 *i1' A w ++a Z® t45d'a 5`06°W
.AB44'k `W da 41,74
NA
5,16'44 L, 4TAaw a 4a2s 7
30
23
ABaa .-_ ese z fi 40 S E4
^w 4 Nw44' tw 4*11V 44.52
NW0 D"rif z$9Y` 1M1.1iE"•.., W? �$
45725' ,y 9F g a en 81l i7`
aaaEa24
26 32 3 g N58 44^ISD w7
1475. 15`
0 63 �
811�&1?.L a83' 7SB,k'"` Ti 9w � ti�4`4a""rM JB,fidf S•
Yd4'6�m°10 45 11 `"rl.. t
H 51�""44'Od�W I.�.58`+4'iBfS�'w 7 ➢ 0
➢ SEE DETAIL °A.`.. I A ➢ S. 1.
wl� 39°392 SO, FT. I tr 1
w wt n �g e tr r
®I UNUCOMTYN AREA FOR LANDSDRIVEWAY
AND PUBLIC
LAN
®➢a �I`n UT7➢1TY, PRIVATE DRIVEWAY AND FIRE LANE `m'k.$: �I� 8 '
z %�P zl kla: z➢ Iz :
a ➢ I Vpp I ➢
za.Da'
N36'44'00®W 255.86°
54 -N-Y
New
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 ("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: Congtruction of drive a' roach construct curb&qutter,-
connection along J2�rty -frontacre �(dol1ectiVely 11;mptovements") in
accordance with the plans, profiles and specific6tions 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 Ate incorporated herein by this reference and are made a
Dart hereof as though set forth at 1�-nath bR P -in. Developer warrants
�hat said plansprofiles, 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. Dev6lopet 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 th-
_ or 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.
I I o
5. Developer has filed with City a subdivision improvement
Faithful Performance & Labor and Material Bonds, securing the faithfu
performance of this Agreement and additionally securing the payment o
those who furnish labor or materials for the Improvements. Sai
n]
t
fu
a -1
security is in an amount equal to that required by Section 9243 of th
Downey Municipal Code, which amount is ane Hundred Ninety one Tho"usan
pg�� (s 1�1,boo.00 y, Should the amount of the security becom
insufficient in the opinion of the City Engineer of City, Develope
j
shall renew the same in an amount deemed sufficient by the Cit
Engineer within ten (10) days after receiving notice therefore from th
City Engineer.
7
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 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:
General Partner
(Title)
I a M M ST 0 WIMM11 M
ATTEST:
4CXML�ERK, �MariWAJ.�cia Duarte, CMG
(SEAL)
APPROVED AS TO FORM:
By:
CI . ATTORNEY
0
By:
— 7;AYOR, Sean Ashton
CALIFORNIA ALL- PURPOSE
LIMA
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 Califomia
•i -Z-Aq-
a
CAS NE"—'�A
M� E� �
WITNESS my hand and official seat, CommA 2109921
NOTARY PUBLIC ' CALIFORNIA
Los ANGELES COUNTY
MY COMM. EXP. MAY 3, 2019
Le LC�U
A
Notary Public Signatur (N&%apy !:-Liblic SeaQ
INSTRUCTIONS FOR COWLETfNG THIS FORM
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS
campbes 00?Wd CWorzita r4mvy worAw at,4
DESCPJPTION OF THE ATTACHED DOCUMENT if—ded shazddIre "-pletadandawdwdtis Aed6oAnm4Adwow&dkrae=
�V&lnelh4& SubdIOS"On as Ae wordbtg does runt rtq&&e die GWbmi4 notivy w violWe Caliyonna nozo-y
-V a Lzo.
eardewiptionotad3cheddocunawl) State and County information must be the Side and County wlaera the document
�kt 17/ 1G -?liet�ye #72/7/1 sig-er(s) personally mmied before the notary public for
Date of "oar musr be the dm that the signer(s) y w
parsomMMmmedwhich(Tile or desm"m of affitched docUrient conftn��) must a1w be the same deft the acknowialgincut is completed,
Th& •rvDwv pubbe muzE print his or her name as it appears witbin his or her
Number of Pagm _ Document Date commission followed by a comma and then -yow titk (notary public).
Print the names) of document siper(s) who personaRy %VtIn at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER - indicate the cot., ec singular or plural forms by crowing off incorrect forms (ix -
It alt y�- is ) or curling the correct: forms. Failure to correctly indicatiethis
C1 Individual (s) .*e information may lead to r--jectior. of document recording.
• Corporate Officer - 'the notary seal impression must be clew and photographically reproducible.
Impression in= not cover text or Imes. If seal impression smudges, re -scat I if a
sufficient area permits, otherwise complete a different acknowledgment form-
• Partner(s) Signature of the notary public must match the sion Me with the office of
the courity clerk
• Attomey-in-Fact AMitional mionnan•on is not req*td but could h0p, to ausure this
Trustee(s) aclwowlederneirt is not misused or inuched to adi
C] Other ftea ilacument
Indicate fiie or type of artactled document, number of Pk= and &ft.
Indicate the capacity claimed try the siAner. If ft cWmed cVacity is a
Corporate UJMCCr, MQICaXC the mle (l.e. k -PV, CFO, SeCrenlry).
20', -; Verrjori wwwjajoraryCjasseS80L,
Securely attach tasdocurneutto the sgooddommiedwith astaple.
CITY OF DOWNEY
ENGINEERING DIVISION
CONSTRUCTION COST ESTIMATE -.. • `:
FILE/CASE TRACT MAP NO. 74254
LOCATIor 79401 Teleg a h Road
1
Install
28
Water meters
@ $2,415.00 each =
$67,620.00
2
Install
6
Parkway trees
@ $350.00 each =
$2,100.00
3
Construct
1
Sewer lateral
@ $12,000.00 each =
$12,000.00
4
Construct
1200
Sidewalk improvements
@ $4.00 SF =
$4,800.00
5
Construct
120
8 -inch Curb & Gutter
@ $25.00 LF =
$3,000.00
6
Construct
600
Drive approach
@ $8.00 SF =
$4,800.00
7
Construct
144
JWC Ramp
@ $8.00 SF
$1,152.00
7
Install
2
Fire hydrants
@ $8,000.00 each
$16,000.00
9
Install
7
lCity Standard Street lights —::@:[ $2;000.00 1 each =
$14,000,00
Subtotal =
$125,472.00
Labor and viaterials (500A) -
$62,736.00
One-year Guarantee (5%) _
$6,273.60
Attorney and Inspection Fees
Total Estimate =
$190,708.00
TOTAL CASH DEPOSIT REQUIRED FOR THIS PROJECT IS
PREPARED BY: 4 DATE: /-
CHECKED BY: UA DATE:
Bond No(s). 100329890
FAITHFUL PERFORMANCE OND
(Multiple Surety Form)
WHEREAS, the CITY OF DOWNEY, a municipal corporation and charter city of
the State of California ("City"), and FLORENCE-MCKIINLE"Y`DC1F TELEGRAPH L.P.
as principal ("Principal") have entered into an agreement entitled City of Downey,
A reement for Construction of Subdivision Public Improvements, 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,
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 American Contractors
Californialhd#ftihitk� CbftipAtIV� all of which are corporations duly authorized and
admitted to transact business and issue surety bonds in the State of
- held firmly bound • the City in the sum of
.One Hundred Ninetv One Thousand and no/100 Dollars ($11,911,000,0
for the payment of which sum well and truly to be made, we the Principal
r Sureties bind ourselves, bur heirs,executors, r•, r •
successors• assigns,• • 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
be kept and performed atthe time and in the manner therein specified, and
Downey Performance Bond
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.
As a part of the obligation secured hereby and in addition to the sum
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.
Iiv vvi i iiE00 VMMMM r IniS instrument has been duly executed by
authorized representatives of the Principal and Sureties. SIGNED AND
-2
Downey Performance Bond
F LORE NCE -MC KI NLEYDCF TELEG#O�
(Principal name) (Seal)
BY:
(Signature����
"(Print Wname and TiMtle)
Principal address:
S+- I S U c+e s-zo
CA 90ALI I
M.
(Surety name) (Seal)
BY:
(Signatur
------- Ift-
(Print name and Title)
Surety address:
601 S. Figueroa St., Suite 1600
Los Angeles, CA 90017
3
Downey Performance Bond
Principal Telephone. -
G -4.J39- SESS
Surety telephone:
PH: (310) 649-0990
7-
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
validit of that document.
State of California -
County of LOS ANGELES
On ROVem � -71e;2-016 before me,-PATRICIA KANEGAWA PEREZ, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared ADAM FEINBERG
who proved to me on the basis of satisfactory evidence to be the personO whose name(M islam
subscribed to the within instrument and acknowledged to me that he/&V gcexecuted the same in
his/WAWr authorized capacity(ios), and that by his/:u ksignature(-6) on the instrument the
person(Sq, 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. PATRI.CIA KANECAWA
COMM. #2125219 z
µ• Notary Public • California o
Los Angeles County
fres Sep. 25 2019
Signatur eat)
r■
[r
CAUFORNIA ALLPURPOSE
Ct�RTIOCATE OF ACKNOWLEDGMENT
III ` FMR -t - I . E. Q 111WT-u—nTe-r the laws of the State of California that
the foregoing paragraph is true and Correct -
DESCRIPTION OF THE ATTACHED DOCUMENT
(Mitle or description of attached document)
ill I I a I
(Title or description of attached document continued)
Pages
[Numberof Pages — Document Date_
7A71=7777771'18
C] Individual (s)
EI Corporate Officer
(Title)
0 Partner(s)
0 Attorney -in -Fact
❑ Trustee(s)
Other
2015 Version mmvit.NotarYClass es. cam 8OP-873-9365
111
• Date of noulwization, attlist be the dam that the siper(s) personal appeared wl
must also be the same daft the acknowledplont is completed.
• The notary public must prim his or her name as k appi vi his, or her
commission followed by a comma and then your tide (notary public),
- Print the rame(s) of document Signal Wi permatly appear at the time of
no oto,
- lntlie,�t& tKo --;-- —i ilir•::.:
1'.
inf0trastiull t -Y lead to rejection otdocurnelat mording,
- The notary seal imprel runat be cleal and photVaphically reptiodul
Impression mu.5t not cover tim at lines. If seat impression smud^ re- ew if a
sufficiont area permits, otherwise complem a diftent lacknowle4mcnit fom
- Signature of the not" public must match the signature on file with the officc of
the county clerk.
Additional information is not required bit could help to ensure this
acknoiliviedgmeat is not misused or Iced to a did document
'C°= Inds' Ci title or itype of attached, document, amber ofesand datel
Indicate the capacity claimed by the signer, If the citaitned capacity is a
corporate officer, indicate the title (je, C80, CFO, Secretary),
- Securely attach this doeml to the signed doctiaerit with asmple,
V4 q
TD0OMARNE
HCC
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California, a California corporation, does hereby appoint,
The Attorney -in -Fact named above may be an agent or a 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 st day of December 2014.
State of California AMERICAN CONTR TORS INDEMNITY COMPANY
—4 iM
dam , Pessin, President
On this 1"' day of becember2014, before me, Maria G. Rodriguez -Wong , a notary public, personally appeared Adam S.�Pessin, President of
Arrieftbril Contractors Indemnity 6impany, who proved to me on the basis of satisfactory evidence to: be the �Oertdh whose name is
subscribed to the within instrument and acknowledged to me1hat he exeCLAbd the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon befial(of W01 ch the pstrslon 4qWd, executed the ins�trufh44
/certify under PENALTY OFPERJURY under the laws ofthe State ofCALIFORNIA that the foregoing paragraph is true and correct.
WITNESS my hand and official seal. MARIA G. A001110IJ - IfS
Commission 0 2049771
NolVV Public . California -Z
Signature (seal) Los Anples Co"
7 If
1, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, do hereby certify that the Power ofAttorney and the resolution
adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said
Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
|NWITNESS WHEREOF, / have hereunto set myhand
Bond No.100329890
`
Agency N
o. 6884
7th day of November 2016