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Home My WebLink About10. Adopt Reso Approving Parcel Map No. 74429 - 7441 Third StreetItem No. APPFj)0-VvL--E; 6y TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM: OFFICE OF THE CITY MANAGER BY: DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKS/CITY�G41 R DATE: FEBRUARY 26, 2019 SUBJECT: APPROVAL OF PARCEL MAP NO. 74429 7441 THIRD STREET SEEM= 0 0 0 0 0 0 W=14AW-11 b'411:1 01 kyj 1014 ;mWel - 0 -- - I IT, W a6zWA 41111 &1 On November 28, 2017, the City Council adopted Resolution No. 17-7762, approving Tentative Parcel Map No. 74429 to subdivide a 19,090 square foot parcel into two residential parcels located at 7741 Third Street (Attachment A). The required public improvements associated with the proposed subdivision include, but are not limited to: construction of sidewalk improvements, reconstruction of substandard curb & gutter, construction of a new Portland cement concrete driveway approach, a new Americans with Disabilities Act (ADA) compliant curb access ramp, sewer lateral, new potable water service line, meter and meter box; and the removal of two palm trees along the property frontage. On November 7, 2018, the Planning Commission considered the tract map and adopted a minute action recommending City Council approval of Final Tract Map No 74429. The map has been checked and found to be technically correct in conformance with the approved tentative subdivision map and in compliance with local codes and regulations. Enclosed are a Resolution (Attachment B) of the City Council approving Tract Map No. 74429 and an agreement (Exhibit B of Attachment 13) with the developer for construction of the subdivision public improvements. Staff recommends adoption of the attached Resolution. Quality of Life, Infrastructure & Parks APPROVE ■■:s PARCEL ■ 1■ x. ■ `. 74429 ■. 7441 THIRD STREET FEBRUARY ■ x ■ `. : ■ PAGE 2 FISCAL IMPACT ATTACHMENTS Attachment x. — Locationp Attachment i — Resolution Attachment C — Public Improvement Construction Cost Esti K a azilk-no /00 0 NORTH RESOLUTION OF i' OF APPROVING • 74429 AND IMPROVEMENTSSUBDIVIDER FOR CONSTRUCTION OF • Be • WHEREAS, on November 7, 2018, the Planning Commission considered Final Parcel Map No. 74429 (attached herein as Exhibit A) and adopted a minute action recommending City Council approval of said map; and WHEREAS, the City Engineer and City Planner have reviewed the proposed Final Parcel Map and finds it to be technically correct and that all applicable Tentative Parcel Map conditions have been satisfied; and WHEREAS, the City Council of the City of Downey approved a Subdivision Improvement Agreement (attached herein as Exhibit B) between the City and the developer in connection with the above identified subdivision. WHEREAS, said agreement includes a cash deposit (attached herein as Exhibit C) 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 Parcel Map No. 74429 attached hereto as Exhibit A is hereby approved. SECTION 2. Direct the City Clerk to transmit the Final Parcel Map No. 74429 to the Los Angeles County Recorder' Office for recordation. SECTION 3. That City Clerk shall certify to the adoption of this Resolution. I UACIM, NN 11150A Ili 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 26th day of February, 2019, by the following vote, to wit: IWO F -Al 104 ��GMWIWM 1 M MMI'll a - 2 PARCELS PARCEL MAP NO. 74429 SHEET I OF 2 SHEETS PARCEL 9: 8,972 sq R. PARCEL 2: 8,920 sq, R IN THE CITY OF DOWNEY COUNTY OF LOS ANGELES STATE OF CALIFORNIA BEING A SU SIGN OF A LOT 25 ANDA PORTION OF LOT 26 OF TRACT I NO. 12123 RECORDED IN BOOK 225 PAGE 28 OF MAPS, IN THE OMCE OF THE COUNTY RECORDER OF SAID COUNTY DWIIEI;r„ '-wfir I FI�EjFFrI FT,7F ^fit TOF '1, 717 WFjl T"I 9� wIF r, 14i. 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SHEET 2 OF 2 SHEEM PARCEL MAP NO74429 IN THE CITY OF DOWNEY COUNTY OF LOS ANGELES TZ Wp a a 0 a A STATE OF CALIFORNIA FDI S & I �1- I Ittim 15 U, I I 4J - M 'N f z 3030 p lk �4 _ Elt Pp WK&W PER MY DOWNEY IT A-354 FDI S & I �1- 15 U, I I 4J - M z 3030 p lk �4 _ Elt Pp WK&W PER MY DOWNEY IT A-354 FDI S & I �1- 15 U, I I 4J - 3030 VIP 1'1:� 'WC I'tr 01 1,11 V 242-t3 .1 — ppqlaui I N5705'�Olw c� 3RD STREET FD m Dxv PER "ay ON Zmay OF A 1.7 AND C.&IS IM -9. G,Fviw KA Pljt�_ om -r prvw�"�s NECIMM, 61, X -3A t,',,; KI lal MD )N WON 111,25 PAGE as wl)-, cl, PMMI>_ UNy 3030 VIP 1'1:� 'WC I'tr 01 1,11 V 242-t3 1079.48' m Z m UNI FY�ll I'D 7i"' ".' rlpAl VTRffT D'mGwm o- f 3 0 V, MW17�'Wo IrfAt NQ 1mg �3 r5OR, 921 go, 1"P v" I l(T12; ,,I I`- .1 — ppqlaui I N5705'�Olw c� 3RD STREET FD m Dxv PER "ay ON Zmay OF A 1.7 AND C.&IS IM -9. G,Fviw KA Pljt�_ om -r prvw�"�s NECIMM, 61, X -3A t,',,; KI lal MD )N WON 111,25 PAGE as wl)-, cl, PMMI>_ UNy CITY OF DOW -KEY AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS (Guaranteed by a Subdivision Performance Bond) This AGREEMENT is made and entered into this __8th day of F41"r-) f- T- V F 2019, by and between the City of Downey, California, a municipal corporation and charter city, hereinafter referred to as "City", and -3-E Enter-ori-ses, Inc. hereinafter referred to as "Developer", whose business address is 7741 Third Street, Downev., CA 90241 . IN CONSIDERATION of City's approval of the final subdivision map (" Parcel Map") prior to the completion and acceptance of certain improvements required by conditions of approval of the tentative subdivision map ("Tentative Map") for Parcel Map No. 74429 ("Subject Parcel Map"), the parties hereto agree as follows: 1. Developer warrants that it has an interest in the real property that comprises the Subject Parcel Map, 2. Developer shall construct, at its own expense, the following improvements and all work incidental thereto within the Subject Parcel Map, to wit: Construction of sidewalk- i-rnnroverr-,ents, .reconstruction of substandlarda curb & crotter, construction of new 'Portland cement concrete drjTewa7 approach, construction of disable -urb --arnp, con- 1, construction of a new struction of a sew�r .Lateral: potable water serv.i.ce line, meter and meter box and removal of two paim, alono Prouer-v frontarfe (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 '7 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, 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 Sixty Thousand Do t 1, a r s ($ 60, 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 Engineer within 1 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 to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorney's fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. I 12. This Agreement shall run with the land and shall bind and obligate, and inure to the benefit of, the successors and assigns of the parties hereto. By CITY CLERK, Maria Alicia Duarte, CMC MAYOR,Rick Rodriguez (SEAL) APPROVED AS TOZ By: TY ATTORNEY Y M. fvTette M. Abich Garcia 0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verities only the identity of the individual who signed the clOCI-11flent to which this certificate is attached, and not the truthfulness, accuracy, or validity of that docurrient. State of California County of On before me, "-L, Date Here Insert Name on(111"tPlc, of the ()Ior personally appeared TD, nvq,) C, ir" C, S Ncirnaj4) of Signercl) who povecl to me on the basis of satisfactory evidence to be tll(, persori('6uhose name(is.i,4--ry subscribed to the within instrument and acknowledged to n1p that he/sI/e1tI)<,, executed the same in his/A4/tWir authori7ed capacity(le,6), and that by hisft rttfa ur signaturer) on the instrument the personj(z), 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. Signature-- - ---- Place Notary Seal ondlor Stamp Above ��_ Sign ature o' ohn y Public OPTIONAL Completing this information can deter niterotion of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: k C�-4 (006_)Tuo�u" (b Document Date: 6" Number of Pages: Signerto Other Than Named Above: A -- - Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Tille(s)� El partner— 0 El L1Urn111ed itod - i,�qieraI ❑ Individual 0 Attorney in Fact Is o Guardian of Conservator E01 0 t I iet is Representing: Signer's Name: 0 Corporate Officer — Title(s): El Partner— 0 Limited El G - it 13 Individual -Attorney in Fact 0 Trustee El Guardian of Cnnseivritor )�t lu: Sjoiwr is Representinci: "V. V2017 National Notary Association t,ity of Doumey REFUNDABLE CASH DEPOSIT FORM SECTION 1. To be completed by department submitting a refundable cash deposit Name and Address of Depositor Phone'® Amount Department TW&1MVAU4kjGP Purpose FINhi- 14NP OWGITE IMPIZOVEMEWS (100-AWIVE fop. PA9CCL MPR '74429 4+41 1'"19-b sr. SECTION II. To be completed by Finance. Date Deposit Deceived r By SECTION Ill. To be completed by Department requestiiq,use of Use of Deposit F Amount Instructions SECTION IV. To be completed by Finance. TRANS. NO. VENDOR NO. INV. NO FUND PGM/PRJT OBJECT U0 , U, L-1 os_ nuffa-TMr-M, QZMMZr,- ; Authorized Signature DESCRIPTION AMOUNT FILE/CASE: PARCEL MAP NO. 74429 LOCATION: F741 THIRD STREET Item No, Description I Construct -4 --inch thick PCC Sidewalk and Slab 2 Remove and Reconstruct PCC Curb and Two -Foot Gutter Remove Existing Improvements & Construct PCC Curb Ramp with 3 Detectable Warning Device 4 Remove (2) Existing Palm Trees and"Sturrips- 6- -Construct New 4 -Inch PCC Residential Driveway Approach and lab 6 Construct Sewer Lateral 7 Construct Water meter service line, meter —and meter box Quantity & Unit Unit Price Amount TOTAL CASH DEPOSIT REQUIRED FOR THIS PROJECT IS L_$60,000,00] DATE: DATE: ATTACHMENT C 173 LF 46: $3,600.00 250 SF $20,00 = $5,000.00 2 EA $800.00 ' = $1,600.00 __$g_._00_ 160'- 9F 1 $1,440.00 1 EA W_, 600-.66 $10,000.00 1 1 EA $10,000,00 $10,000.00 Subtotal $38,640.00 Labor and Materials (50%) v $19,320.00 One-year Guarantee (5%) Attorney and Inspection Fees $1,932.00 Total Estimate$1,000.00 7—$59,892.00 TOTAL CASH DEPOSIT REQUIRED FOR THIS PROJECT IS L_$60,000,00] DATE: DATE: ATTACHMENT C Date: November 8, 2018 To: Brian Aleman, Assistant Civil Engineer I From: David Blumenthal, City Planner Subject: FINAL PARCEL MAP NO. 74429 0 0 z