HomeMy WebLinkAboutResolution No. 19-7891 - Approving Parcel Map No. 81331 & Agmt w-Subdivider for Construction of Subdivision Public ImprovementsRESOLUTION OF • OF OF DOWNEY
APPROVING r AGREEMENT WITH THE
SUBDIVIDER iR CONSTRUCTION OF : r •
ITTPROVEMENTS
WHEREAS, on June 5, 2019, the Planning Commission considered Final Parcel Map
No. 81331 (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 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 FOLLOWS:
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.
SECTION 3. That City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 9th day of July, 2019.
/41�K OD IGUEZ, Mayor
ATTEST:
F
ARIA ALICIA DUARTE, CMC
City Clerk
RESO • 19-789.
PAGE 2
I AEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 9th day of July, 2019, by the following vote
to wit:
AYES:
Council Members:
Ashton, Frometa, Saab, Pacheco, Mayor Rodrigue:2
NOES:
Council Member:
None.
ABSENT:
Council Member:
None.
ABSTAIN:
Council Member:
None.
ARIA ALICIA DUARTE, CIVIC
City Clerk
PARCEL MAP NO. 81331
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PARCEL MAP NO. 81331
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CITY OF .•
AGREEMENT FOR CONSTRUCTION • SUBDIVISION PUBLIC IMPROVEMENTS
(Guaranteed by a Subdivision Performance Bond)
This AGREEMENT is made and entered into this 9th day of
July r 2019, by and between the City of Downey, California,
a municipal corporation and charter city, hereinafter referred to
as "City", and Skylark Energy, LLC, hereinafter referred to as
"Developer", whose business address is 11856 Old River School
Road, Downey, 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.
81331 ("Subject Parcel Map"), the parties hereto agree as
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 improvements,
reconstruction of substandard curb & gutter, reconstruction of
Portland cement concrete driveway 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 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,
performance bond, securing the faithful performance of this
Agreement and additionally securing the payment of those who
1
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
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
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.
A notaty Public or other officer completing Ns
certificate veyffics 001y ft identity of the
individual who signed the document to which
tWs certificate is aftaclied,,and not the
By: truthfulness, accuracy, or validity of that document
Chandresh Ravaliya
Owner State of California, County of 0 P A -AA k )
(Title) Subscribed and sworn to (ora red) before me
on this ' ffih day of FN L- 20
by 66VAI-IM
proved to me on the basis of satiifactory evidence
(TO BE NOTARIZED) to be the per ionW*who agper*d re
Signature:
CHANG SIK CHO
COMM.2175509
NOTA VRIBLIC-CAUPORNIX
CITY OF DOWNEYOpmoE CquNTY
Uy�ccwu, Eo J& to,=
ATTEST:
CITY CLERK, Maria Alicia Duarte, CMC
(SEAL)
APPROVED AS T 7:
By:
TY ATTI
ORNEY
M . Abich Garcia
1-1
By:
M YOR,
Rick Rodriguez
- 'arlll
PERFORMANCE i
(Multiple Surety For4
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.
NOW, THEREFORE, we the Principal and S RETEC INSURANCE Cts PAS 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
TWENTY-FOUR THOUSAND and no1100 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
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
Suretv"). is d . a Ai iripf irgal
presentation or service upon all Sureties.
rilill 111�1
11,11 MIMMITTIM,
Lx3mm" I
14th 2019.
PRINCIPAL:
SKYLARK ENERGY, LLC
(Principal name) (Seal)
BY: C_.1_JNA_
(Signature)
C, 14 AN -p a E 5 1-1
(Print name and Title)
JA VA L 1 4 A 14A Alu A C; ) Ma AACW3EA
SIRETEC INSURANCE COMPANY
�S_ure_ty name) (Seal',
BY:
(Signat re)
Ester R mireg-Sadusky. rne -in-Fact
(Print na e and Title)
Surety address:
3131 Camino Del Rio N. Ste 1450
Sat) Dieqqj�IA 92108
Affix Corporate Seals
Attach Notary Jurats for All Signatures
Attach Power -of -Attorney if executed by Attorney -Fact
N
Downey Performance Bond
03� =�
=EEM=,
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
On_
-Y�15
before me, Chang Sik Cho, a Notary Public
(insert name and title of the 6fric--e-r)
en 7 R
orth
acte executed the instrument.
ir
ft on the instrument the authorized capacity( and that by I h /t ir si n6 urefig) irsenj,4t act
pefson(q, or the entity upon bet �alllfof which the pers
le
I certify under PENALTY OF PERJURY under the laws of the State of California that the feg1oin
paragraph is true and correct.
WITNESS my hand and official seal, oil CHANG SIK CHO
Coma. # 2176509 rrg�y
NOTARY PUBLIC - CALIFORNIA V1
ORANGE COUNTY
MY COMM. EXP, JW 10, 2021
Signature ..... ......
p0A 5100-31-
SureTec Insurance Company
LIMITED POWER OF ATTORNEY
Know AM Men by These PMsenls, That StMTEC INSURANCE COMPANY (the "Company"), a 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 Ramirez-Sadusky, Hope Eaves Olsen
its true and lawful Attomey-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
Five Million and 00/100 Dollars ($5,000,000.00)
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
promises. 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 soal 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 and 'ng to which it is attached. (Adopted at a meeting held on 2011 of April,
1999.)
In Wftness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to
be hereto affixed this 23rd day of July , A.D. 2018 .
B
5UKA1L&t1r7W1kA %terl f"I'AINIt
-A r
0 y:
W John K I Jr., C
State of Texas ss: W - r,
County of Harris
On this 23rd day of my , A.D. 201a before me personally came John Knox Jr., to me known, who, being by me duty sworn, did depose and say,
that he 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 seal 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.
of foxes
i'Xplrus 09-10-2020
N016 -Y i) 1 29 1 1 7659
Xe� viz, Notary Public . Goo.
J)4, commission expires September I �, 20211
1, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE CO ANY, 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 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 dily of 9 A.D.
9
,
Br t Alenty, Assh tont Secrets
Any Instrument Issuer' in-exc6rja-of Me p6nalty stated above Is totally void and without any validity.
For verIfIcation of the avkhor4 of th;r PoWgr you may call (713) 812-0800 any business day between 13:30 am and 6:00 pm CST.
Zt LA
Aa 0
ANN& IL '0
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,
anM not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On FEBRUARY t$,,,,2qlg before me, CRISTINA BARJOLLO, Notar Public
l"Nife diedArwaim "0 vorcor)
personally appeared Ester, Ramirez-Sadusky
j
who proved to me on the basis of satisfactory evidence to be the personWwhose
name(p) Ls/api� subscribed to the within instrument and acknowledged to me that
�6/she/tlwq executed the same in 4Wher/tWr authorized capacity(i"), and that by
Oifter/thpif signature(sl on the instrurt�e_nt 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 -
• -•• f
oregoing paragraph is true and correct.
CRISTINABARJOLLO
WITNESS my hand and official seal.
Notary PutNlic - Califorria
Los Angeles Csnty
Cortirylission A' 2221152
-A
Mv Comm Expires Dee 51 2021
NotajPillcsiqnature (Notary Public Seat)
q; —4
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
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DESCRIPTION OF. THE ATTACHED DOWNINIENT V needed, i/lould be crimpleted anNI allowhed to I/it dircumem .4c nowledgmenils
BOnd No. 4425962
(Title or description of attached document)
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• Slate and County information must be the State and County where the document
signer(S) personally appeared before the notary public for acknowledgment
Mile or description of attached document continued)
Date of'RonarliAtion must be the date that the signar(s) personally appeared which
must also be the same date the acknowledgment is completed.
Number of Pages 3— Document Date9
—02LIA/1
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public),
* Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
• Corporate Officer
It
* Indicate the correct singular or plural forms by crossing off incorrect forms (ix.
WsheAlwy,— is lam) or circling the comet forms, Failure to correctly indicate this
mronnulion suay twill to relectnus or 4licunjenil fecorthilit;
0 The notguy sell) implessirm Frill"( be croof and photovillpf"CAlly 1cligoducifilc
Iniplassion roust not cover text of fino; If .scall imptessiori sonidgv, to-icltl 0 a
stifficivril arca petunt%, 0111clAvow comploc it 0iffercin ocknowicriginent form
neon -Fact
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Other
o Signaus(c of the notify public nimt 111601 dicsigninorc ori file with (tic officc of
county clerk.
information
0 Additional is not required but could help to ensure this
ecknowlCtIgnicut is liol nkisw'cd or littilched to a ditrerent &cumclu
+ Indicate title o; type ofallnehed document, number of psige-s and (lioc
4- Indicate (tic wilmoly (144rictl by the slutler. If the OrNinted capaoiy is a
corporate onlicer, indicate the title (ix CrO, Cro, Secretary),
2015 Version www.NolaryCINssseNs.ocNm 800-873-9866
• Securely attach this document to the signed document with a staple,
COST ESTIMATE
FILEICASE: PARCEL MAP NO. 81331
LOCATION: 11856 OLD RIVER SCHOOL ROAD
[Item 7No-r" Description
1 Construct 4 -inch thick PCC Sidewalk and Slab
1. ----- ------ - -
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
[AIEFAII
500 SF $7.00
$3,500.00j
100 LF $45.00
$4,500.00
250 SF $20.00
$5,000.00
2 EA $1,000.00
$2,000.00 ,
Subtotal
$15,000.00
Labor and Materials (50%)
$7,500.0011
One-year Guarantee (5%)
$750.00
Attorney and Inspection Fees
$1,000.00
Total Estimate
$23,250.00
• 0 :1 :18T. -I k F-430711 1�111 !!iIiiij !1 11111 11 !11 1:11 11:1111;
Log, A 10111 l
DATE:
DATE:
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