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HomeMy WebLinkAbout06. Adopt Reso Approving Parcel Map No. 81331 & Agmt w-Skylark Energy, LLC - 11856 Old River School Rd.TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCILCITY MANAGER • OFFICE OF THE CITY MANAGER BY: DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKSX14�ENGV% 'ER SUBJECT: APPROVAL OF PARCEL MAP NO. 81331 11856 OLD RIVER SCHOOL ROAD RECOMMENDATION That the City Council adopt the following: RESOLUTION OF THE CITY COUNCILOF THE CITY DOWNEY APPROVING PARCEL• . 81331 AND AGREEMENT WITH THE SUBDIVIDER •- CONSTRUCTION OF SUBDIVISIONPUBLIC On October 3, 2018, the Planning Commission adopted Resolution No. 18-3070 approving Tentative Parcel Map No. 81331 to consolidate two parcels into a single 15,680 square foot lot for the purpose of remodeling an existing gas station with a convenience store located at 11856 Old River School Road (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; and construction of new concrete driveway approaches and new Americans with Disabilities Act (ADA) compliant curb access ramp. On June 5, 2019, the Planning Commission considered the tract map and adopted a minute action recommending City Council approval of Final Tract Map No 81331. 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. 81331 and an agreement (Exhibit B of Attachment B) with the developer for construction of the subdivision public improvements. Staff recommends adoption of the attached resolution. Quality of Life, Infrastructure & Parks APPROVE PARCEL MAP NO. 81331 - 11856 OLD RIVER SCHOOL ROAD JULY 9, 2019 PAGE 2 FISCAL IMPACT There is no fiscal impact, ATTACHMENTS Attachment • p Attachment - l • FAI m 11856 OLD RIVER SCHOOL RD A NORTH ATTACHMENT A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PARCEL MAP NO. 81331 AND AGREEMENT WITH THE SUBDIVIDER FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS WHEREAS, on June 5, 2019, the Planning Commission considered Final Parcel MI No. 81331 (attached herein as Exhibit A) and adopted a minute action recommending City Council approval of said map; and I 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 111HEREAS, 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 performance bond (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 SECTION 1. The Parcel Map No. 81331 attached hereto as Exhibit A is hereby approved. SECTION 2. Direct the City Clerk to transmit the Final Parcel Map No. 81331 to the Los Angeles County Recorder' Office for recordation. 1 1, 11 11 11 11 :11 111 ; , P�111 11 [ 1 1111 � !!Iliii ;Il!!�l iil�!!l � Iii;;p!!II1111 Ir JpIII 11 0 a=1 =IVM IN' I , : 11WAUMM aIN 11111 111 WIN,ON 110:70y at a reguar meeting RUM on 07 Ine 10110,111fig vote, to wit: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: MARIA ALICIA DUARTE, CIVIC, City Clerk ARCEL MAP NO. 81331a ODUMY OF L09 ANGELES STATF QFCAL&FORMA ETKAH REWNGTON, P.L.8, 97.20 Pd';.5YLIA$, UR 211$ DATA 1,141 z 0 0 10-11clum PARCEL MAP NO. 81331 IN THE CMY OF DO"EV COUMTY Of LOS ANGELES STATE OFCAUFORNIA BONO A tiOBDNTWON OF A POKUON Of THE RANCHO SANTA GERTRUDES AS SHOWN ON THE MAp t4 EODROED IN BOOK 1, PAGE IN, ET BEQ Of PATENTS W THE OFFICE Of THE COUNTY RECO R° RECORDS OF SAM COUNTY, ETHAN Z. RENINGTON, RLA, 9220 m(MVIBER2018 W, vw wl" [¢ll K ev lwq 0 owrlla, m i° RT,:o wN a miD'Amw, ad "wrmuhV3 oll -% V7 14 sr v TT py mc'u'r" ow, 'yv-0 wm4fl tWv IK PIK -.7T x mr vw, W VWWNI� W� " "I �4 ?1, 0 �TM, af, I:P R11 nqQ c,t r 7, V m u. W11 z 1w0 1:1-Acl =Klw PARCEL MAP NO. 81331 COUNTY OF VX $TATE OFCALWORNK MAN Z. RM4070 „PIAm 2220 "OVEMWR "is MONUMINTNOM � @Inrli- —1 mr, OW%IMF �' ,WJITI M TF MW, M O'.rob V i..3rr IVD�E�'Zy Ltaq •" A 9C''IAIWIIVN W rl", 9 W PWMICOM, RV'R" bDUNDARY NMI& A P57.a6°d HA R f. PKM 19; fW°P. ftkig-lk �VA I' rd-) N CITY OF DOWNEY AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMEN (Guaranteed by a Subdivls±on Performance Bond) I This AGREEMENT is made and entered into this -day of f 2019, by and between the City of Downey, California, a municipal corporation and charter city, hereinafter referred to as "City", and 5-1�-Y1,ark Energy, LLC, hereinafter referred to as "Developer", whose IDUE-iness address is 11856 Old River School Road, Downey, CA 90241 IN CONSIDERI=ON 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. 31331 ("Subject Parcel Map") , the parties hereto agree a-- 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 w,--,rk incidental thereto within the Subject Parcel Map, to wit: Construction of sidewalk improvements, reconstruction of substandard curb & 9Utteyr, reconstruction of Portland cement concrete driVewav approaches, COnstruction of ,disable curb ramp (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 Citv 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 rianner and in accordance with accepted construction practice--,, 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 extencled by the City Council, the extension shall not affect the validity of this Agreement or release anv 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 0 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 Twenty Four Thousand Dollars § 24,000.00). 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 tell (10) days after receiving notice therefore from the City Engineer. 6. Developer shall construct the TmproveraeutS 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 Tmproveme-nts. 7. Developer shall guarantee and warrant the Improvements against any defective work or labor and ag-=iinst 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 he 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 imToovements, 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 in) death or injury to any person and injury to ani,, property, resulting from, or in any oval; corriected with, t h Ee 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 ap"na-ment, signed and acknowledged by both of the parties hereta. 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 ouch 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 2 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. A notary public or other officer completing this certificaft verifies only the identity of the individual who signed the d0cuinent to which this cestficate is .and not the By: d 4� truthfulness, accuracy, or validity of that document Chandresh Ravaliya Owner (Title) CITY OF DOWNEY CITY CLERK, Maria Alicia Duarte, CMC (SEAL) APPROVED AS TO FO By: C TY ATTORNEY vette M. Abich Garcia I State of California, County of OPPRI&TZ-1 51�' Subscribed and sworn to (or affirmed) before me on thisIh day of 20 LL by 4 iri fWAW YA proved to me on the bash of satisfactory evidence to be the pei sonorwho a re Signature: QWP L CHANG SI K CHO COMIC, 2175509 ggpp NOIARY PUB% IC - CALI FORMA V] OsmComn 9 C r;CCUM, Exp. im to, 202114 e! MAYOR,Rick Rodriguez PERFORMANCE:• • (Multiple Surety Form) WHEREAS, the CITY OF DOWNEY, a municipal corporation and charter city of the State of California ("City"), and SKYLARK ENERGY, LLC as principal ("Principal") have entered into an agreement entitled PARCEL MAP No. 81331, LOCATION: 11856 OLD RIVER SCHOOL ROAD, 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. • • - -11 111 •. • 11raviii" asigallaralla 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 TWENTY-FOUR THOUSAND and no/100 Dollars (!24,,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 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 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. Downey Performance Bond 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 speccations 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 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 February SKYLARK ENERGY, LLC (Principal name) (Seal) BY: (Signature) GI1ANPAE51-1 10^ A VA L 1 4 A IIA A lu A C; ) AJ (Print name and Title) Principal address: Principal Telephoni3 k SURETEC INSURANCE COMPANY (Surety name) (Seal) BY: (Signat re) Ester R mirez-Sadusky, Fact (Print n and Title) Surety address: 3131 Camino Del Rio N, Ste 1450 W_339�* 1 Affix Corporate Seals Attach Notary Jurats for All Signatures Attach Power -of -Attorney if executed by Attorney -Fact Surety telephone: 081111401111M 2 Downey Performance Bond 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 OKAW-op- Y� s *n before me, Chang Silk Cho, a Notary Public (insert name and title of the officer) 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. CAG SIK CO COMM,# 2175509 NOTARY PUBLIC -CALIFORNIA UT ORANGE COUNTY My Comm. EXP. Signature (Seal) �Wqldl to pill, I —W SE Know AM Men by These Presenn, That SURETEC INSURANCE COITiPANY (the "Companya corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Ester Rarnirez-Sadusky, Hope Eaves Olsen its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed lam - and to bind the Company thereby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney -in -Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in- Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and 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 Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary, Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201* of April, 1999.) be hereto affixed this 23rd day of July , A.D. 2018 -------- ­% NU KL I KL; UKA L x WirAIN Ir 11BAA1 0 By: John Ki Jr., C co State of Texas ss: County of Harris On this 23rd day of juiy I A.D. 2018 before me personally came John Knox Jr., to me known, who, being by me duly swom, did depose and say, that be resides in Houston, Texas, that he is CEO of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seat of said Company; that the seal affixed to said instrument 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. Nmary Public. `A--)1(3 of Texas )"Xplrus 09-10-2020 !qo(a(y 1,) 129117$59 I, M. Brent Beaty, Assistant 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 effect; and furthermore, the resolutions of the Bow 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 day of7a 9 A.D, A8rAt&Aeqty,As'Sli4taAn't tSecreta t Any Instrument Issuer.' moxc"S of MS Pfiniltlty stated above Is totally void and without any validity. For verification of the at! thorily of Chir* poWsr t,ou may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. L*;C�Ixl LN 2- t�i b"2: A A ► 101 A 101 V 91 AL A notary public or other officer completing this certcate veres 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. =39= County of Los Angelem On FEBRUARY 1 $ ,.—Zw before me, CRISTINA BAR Notary Publ e aw oull of"" otriceri I personally appeared_ Ester Ramirez-Sadusky who proved tome on the basis of satisfactory evidence to be the person (Pf whose nameW Ls/aF6 subscribed to the within instrument and acknowledged to me that �6/ "h/theq executed the same in 4is/her/tWr authorized capacity(ig-S), and that by W/her/thpWsignature(sr) on the instrury�e-nt the person(O, 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. CRISTINABARJOLLO Notary Poblic - California Los Angsies County Commission # 2221152 PPu"brit�Signature My Comm Expires Dec 5, 2021 Nota i:j (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM form rontphr't woll clip rent regording notory wording trait DESCRIPTION OF THE ATTACHED DOCUMENT ?foleeeled, shoidil he completpul' and anaebed it) Me doefonent Acknowifedgments Awn 111qy he contijkledior (facianents bronssrnt to titin store so ifdng BOnd No. 4425962 a,4 tire wording does not ivejuvc the cayorma nwapy to, waore, (,,altlorino nolon, law, (Title or description of attached document) * State and County information must be the Slate and County where the document signer(s) personally appeared before the notery, public for acknowicisigmient (Title or doacripiirrt of attached document continued) * Date of nolari7Ation must be the date that the signer(s) personally hVincived which must also be the same date the acknowledgment is completed. Number of Pages —:_ -3— Document Dated W9 — • The notary public must print his or her name as it appean; within his or her commission followed by a comma and then your title (notary public). Print thename(s) of document signer(s) who personally appear at the time of CAPACITY CLAIMED BY THE SIGNER notarization. e Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. 0 Individual (s) Wshe/theyr is two) or circling the connect forms. Failure to correctly indicate this nlibirioution may lead In rejection of docurnent recording. 0 Corporate Officer o The notary seed inifircssimi must be cleat and photognaphically reproducible floples'sioll Tiltst not CA)VCr text or linen- If seat impression snriudgcs, is -scall if a It e) stifficftn't aten permits, otherwise cornplotc a different ackoowl0grile"t form. 0Ss9naturc of like nolury public must mrach the signature oil file withthe offive of k Attorney -in -Fact the county clerk, 4- Additional information is not required but could help to ensure this Ej TtUst6d(g)- acknowlelignicrit is nol inisused ot attached to a diffemm documcnt, Other L Indicate title or type ofallached doconirm, niumber of pages anti tlatv ludic-ow the varlacily clauricti by rhe gignel. If the cloinicd capacity is a corpmate officer, indicate tilt: Igic (i.e CF(), cpo, Seclejaryk 2015 Version www.NotaryClasses.com 800-873-9865 • Securely attach this document to the signed document with a staple. �1 I NVIF-111 FILE/CASE: PARCEL MAP NO. 81331 LOCATION: 11856 OLD RIVER SCHOOL ROAD i item 1140. 1 Description 1 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 _ Construct New 6 -Inch PCC Commercial Driveway Approach and Slab ■ I ■ J Quantity & Unit Unit Price Amount 500 SF $7.00r $3,500.00 100 LF $45.00 $4,500.00 250 SF $20.00 $5,000.00 2 EA $1,000.00 = $2,000.00 --S_ubtct l- r ___$16,00T06_ Labor and Materials (50%) = $7,500.00 One-year Guarantee (5%) = $750.00 Attorney and Inspection Fees - $1,000.00 Total Estimate = $23,250.00 • - r • - s- •-a c�� �r DATE: DATE: Date: June 6, 2019 • Brian Aleman, Assistant Civil Engineer I From: Guillermo Arreola, Principal Planneo Subject: Final Parcel Map No. 81331 On June 5, 2019, the Planning Commission considered Final Parcel Map No. 81331 (PLN -1 9- 00089), to combine two parcels (11,280 sq,ft. and 4,400 sq.ft.) into a 15,680 square foot parcel. After considering all written and • testimony, the Planning Commission ♦lit a minute action recommending the City Council approve Final Parcel Map No. 81331. The Planning Commission approved the minute action unanimously.