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HomeMy WebLinkAbout10. Adopt Reso Approving Final Tract Map No. 74870 - 8818 Imperial Hwy111ca-11111111i'L4 APPROVED By CITY MANAGER TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: OFFICE OF THE CITY MANAGER BY: DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC RIS !CITY ENGINE SUBJECT- APPROVAL OF FINAL TRACT MAP NO. 74870 8818 IMPERIAL HIGHWAY - 0 11 n I, 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FINAL TRACT MAP NO. 74870 AND AGREEMENT WITH THE SUBDIVIDER FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS 9 T.=* k On April 17, 2019, the Planning ommission adopted Resolution No. 19-3087 approving Tentative Tract Map No. 74870 to approve an eight -unit condominium development located at 10341 Western Avenue (Attachment A). The required public improvements associated with the proposed subdivision include, but are not limited to: removal and reconstruction of substandard sidewalk and curb & gutter; removal of existing driveway approach; construction of new concrete driveway approach; and installation of new water services and irrigation system. On August 21, 2019, the Planning Commission considered the tract map and adopted a minute action recommending City Council approval of Final Tract Map No 74870. 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 is a resolution (Attachment B) of the City Council approving Final Tract Map No. 74870 and an agreement (Exhibit B of Attachment B) with the developer for construction of the cubdivision public improvements. Staff recommends adoption of the attached resolution. APPROVE TRACT MAP NO. 74870 —10341 WESTERN AVENUE NOVEMBER 20, 2019 PAGE 2 FISCAL IMPACT There is no fiscal impact. All subdivision public improvements will be construc e as pa o e development. ATTACHMENTS Attachment A — Location Map Attachment B — Resolution Attachment C — P.:ublic Improvement Construction Cost Estimate Attachment D — Planning Commission Memo dated 08-24-2019 F1 A I I AUH[Vlt:N I A RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNE APPROVING FINAL TRACT MAP NO. 74870 AND AGREEMENT WIT THE SUBDIVIDER FOR CONSTRUCTION OF SUBDIVISION PUBLI11 IMPROVEMENTS WHEREAS, on August 21 ' 2019, the Planning Commission consi•ere• na ract Map No. 74870 (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 Tract Map and finds it to be technically correct and that all applicable Tentative Tract 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 Final Tract Map No. 74870 attached hereto as Exhibit A is hereby approved. SECTION 2. Direct the City Clerk to transmit the Final Tract Map No. 74870 to t e os Angeles County Recorder' Office for recordation. go INN ATTEST: MEMO,= � MEM RICK RODRIGUEZ, 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 20th day of November 2019, by the following vote, to wit: AYES: Council Members. - N& OE . Council Members: ABSENT: Council Members: ABSTAIN, Council Members: 11knum KV3 i1735 gap km NOW M-11 .A N I LOT SHEET 1 OF 2 SHEETS 15,184 S F. (GROSS) TRACT 74870 14;659 S.F. (NET) ° IN THE CIT" OF DuWNEY COUNTY OF LOS ANCCLES, STATE OF CALIFORNIA BEING A SUBDIVISION, OF A-PO,:TION OF THE RANCHO SANTA GERTRUDES, AS CONVEYED TO JAMES P. MACFARLAND AND JOHN C. DOWNEY,_ AS PER MAP RECORDED IN BOOK 1, PAGES 156 TO 158 INCLUSIVE OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES OWNER'S STATEMENT; WE HEREBY STATE THAT WE ARE THEOWNERS OF OR ARE INTERESTED IN THE LANDS OM9@N rNCLUDED WITHIN THE SUBSHOWN 04 THIS ASAP WITHIN THE DISTINCTIVE BORDER SURVEYOR'S STATEMENT; . - - - ONES, AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION WE ALSO DEDICATE TO THE CITY OF FOR PUBLIC STREETS, HIGHWAYS, AND OTHER .. T 61ELD.. THIS MAP WAS CONFORMANCE Or ME , 1,O)JOE MY (.kN4.GT"IH AJNAV YD ARGON SURVEY.M CMNFDRMA a OF E�4 A"TO MAP ACT AND INCIDENTAL WAYS PURPOSES SO DESIGNATED ON SAID MAP AND ALL USES INCIDENTAL TED ON THE ft OF RICHARR 0' MO bJ RSI o HEREBY LOCAL MALI AT TTTi AG PRI AN NTf+3AR4 OVA0 O TO STATE IMLs ".4L" N3ALA TAD TPCF DTRACT THERETO, THERE IVE IX PA T THE NYC Ill TART ALL THE R ARE OF ANE CslA;iiAN,"DATE 90%5 WESTERN LLC, A. CALIFORNIA LIMITED I:IABEitt COMPANY (OWNER) WE MfNO OCCOPAIMACIIEO C POPOIC SIN OF O INDICATED 7AUMENTS S`UFF ANENT "I'D; AND THAT ARE .FERN ABLE THELINC� Y TO BE aTETN#AC.€A, -. RICHARD CHEN (MEM ) 'aFv +tBENEFICIARY: D.,", 5U5AN AU, HUNG HSIU CARER, +StAMC-CHIN CHEW AND HO -NEMC CHEM SC1+AF5$iltRIES,UNOERdGEED OF TRUSS RF4X&RDSD MARCH 21, 2011, AS INSTRUMENT NO. 2011OA2+IOW, OF QkFlGGAI ATI RECORDS OF LOB, ANGELES COUNTY CITY ENGINEER'S CERTIFICATE: 1 / SOKAN, bTUR 6 kSA1 C E d I HE RST THAT I RAVE EXAMINER THIS MAP; TWAT IT CONFORMS IDDITANTIALLY - TO THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF; THAT ALL PROYISIGNS OF SUBOIVEME N ORDINANCES OF THE CITY OF DOWNEY, APPLICABLE AT THE .r--- TIME OF APPROVAL OF THE TENTATIVE MAP HAVE SEEN COMPLIED WITH; ANN ALL -BEEN PROVISIONS OF THE bUBDIMSON MAP ACT SECTION 66442 (a) (1), (2) AND (3) HAVE COMPLIED WITH. HO -TEND CHER -. DATED NOTARY ACKNOWLEDGMENT: A NOTARY C CCE OTRTEN YTLiR C TINYa oMCS CENI3FTOdRE 4'EM67E fi&TI.:Y 3f+K <W THE INDIVXOUAT. WHAT THE 0 1U" To INS C I TEFICATE Is DO THE ATTACEIED, AN(}. Nf&T Ttlr 11N.7'ial M plyAworf 0 BRATt W 9W s u 61YIN IUJNE SIAM OF CALIFORNIA I RCE EXAINES. 3O. DEO fib' 03 A{HN3}^.EAL#N:Y rRt4s�asA"YyFa !Na{ - • ,LpIE(,r SPECIALASSESSMENTSCERTIFICATE : A�CD$ �, WHVEDL)O 1 ONEHBAS WHOSE NANKk`S) F5/AA[ SUBSCRIBED TO THE WITHIN Y AND ACsTNO D TO ME THAT WEi5T� INS CXEC4UTRD THE SAME 7N PRISJM€A/T'r#F1R Ai4TNt�liED I HEREOY CERTIFY THAT ALL SPECIAL ASSESSMENTS LCVIED UNDER THE JURISDICTION OF THE QTY OF DOWNEY TO WHICH THE LAND INQUDED IN THE WITHIN SUBDIVISION OR ANY CAPAf%T"T(IE9j AND llfht BY "IS H$KRI SEMATCABOD ON 'IK INSTRUMENT, THE PART THEREOF IS 9J11JECT, AND WINCH MAY BE PAID IN FULL, HAVE BEEN PAD M FULL. P q"Nj CJA THE ENTITY UPON BEHALF RE. MICH THE PSEPHI N7(S): ACTED, EXECUTED THE IAS ENT.:.. I CERTIFY UNDER PENALTYOF PER.AJRY UNDER THE LAWS OF THE STATE OF CALIFORNIA BATE THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. '.. WITNESS MYETAPa /� BUAPYEjCMG,SIT(CLARK " SirHATUIN,. CITY OFDRIRIA PY PRINTED NAVE'..*r MY COMM135IDN EXPPRES l MY COMMISSION NO, CONTRACT CITY SURVEYOR'S STATEMENT: MY PRINCIPAL PLACE OF BUSINESS IS IN LOS ANGELES COUNTY I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT IT CONFORMS MTN MAPPING PROMSONS OF THE SUBDIVISION MAP ACT AND THAT I AM SATISFIED THAT NDTANT P ON OIWEM +YlP1[afi C 7id#C TMS CElATH1OA XE aNr4LCeES CNE, THffi ffi Tt 'bW64 SIGNED YitE D Y IgA W"RTC§U 'Aft CER TE IS THIS MAP IS TECHNICALLY C ECT. DATED: &`]4TaT"? WTDAM�abdL AfY T ANTE Oi T THS TRI}TNT4.UNESS AACCTT ON'-Yt TY -ml- _ ME EN }M84IL AP` ` Zo , "I Lao.. _ EA,u,,}j,,... ° } WHO ICED To AID ON TpAC OF SA'EI�sFhGK RY CMD SE, FD BTATHK B'ER (�S$ P} 4 rea.N,lAls y WHOSE NAME(S). TRADE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME VAT TNK - tXdC^I' EXECUTED THE SAME IN H15(,€`THOR AUTH LFA. CAPACI IT'S} ANS) THAT BY HISMER/THRUR SIONATYH V ) CYE THE M,5, NT, THE DtYiRfi 0; YiNCfJ:, PUO. 55pX Y CITY SURVEYOR OF THE CITY BE DOWNEY NI INEIRSI OR THE ENTITY UPON BEHALF OF WHICH THE PERSONOD ACTED, EXECUTED THE 095TRIAXI I CERTIFY UNDER PENALTY OF PERUJRY UNDER THE LAWS OF THE STATE OF CAUFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.. .CITY CLERK'S CERTIFICATE - WITNESS MY HAND I HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY I DOWNEY BY MOTION PASSED ON ppAPPROVED SIGNATURE' THE ATTACHED MAP AND ACCEPTER THE RIGHT OF WAY IChTPDN FOR PUBLIC SAR TREETS, HIGHWAYS, AND OTHER DUBUC WAYS AS SHOWN ON THIS PRINTER NAME T 9db WW MY COMMISSION EXPIRES. A ( MY GOMMISSCN NO . :.DATE MY PRINCIPAL PLACE OF BUSINESS IS IN LOS ANGELES COUNTY I HEREBY CERTIFY THAT SECURITY IN THE AMOUNT OF _ HAS BEEN FILED WITH THE EXECUTIVE OFFICER, BOARD OF SUPERVISORS OF THE COUNTY OF LDS ANGELES A6 SECURITY FOR THE PAYMENT OF TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LANG SHOWN ON MAP OF TRACT NO.7400 AS REDUCED BY LAW. EXEDONIVE OFFICER, BOARD OF SUPERVISORS :OF THE CCUNTY OF LOS ANGELES, STATE OF CALIFORNIA BY DATE BY DATE DEPUTY MARIA AUGIA VUAM1SR, CMC CITY CLERK, CITY OF DOWNEY 11 F' .;....y • r 4 m i RESO NO. PAGE 4 SCALE: 1"= 20® SHEET 2 OF 2 SHEETS TRA"'T NO. 74870 IN THE CITY OF DOWNEY LEGEND COUNTY OF LOS ANGELES, STATE OF CALIFORNIA INDICATES rHE 50 BY THIS OF THE LAND FOR CONDOMINIUM PURPOSES BEING SUBDIVIDER LBY THIS MAP. < I , m 9T.. -, g 24 > tip08 1 5 NEBMIFTVIN FLORENCE AVENUE 773,27' - - _--e..._®.- - - - - ED SAW, PER LA CO, TIGRE 0924-200. N t TDIRU'r jN�Tll AS 0 Z ( 7) 741. GC 0 .m \ M58'30'24"W wrm9rcna" or THE owtvalm 0 CL 0OVILIDYMO AND "wLy PROXONSHU LINT' or Inn. 'NO , 21227, UR $"- .1mul"HOR BY SWART 39&O3° N1 =YV%LEND GE TOW GO P, PON SMON, A i GO NOTMNC, EST ED 9YTIES PER CITY TIE NO' A26% ACCEPTED AS THE A.P. AT 067E OF PARAMOUNT 9OULEVARD, THE BEARINGS SHORN NOWN ARE BASED ON THE BEAR NO NalU7'00'E 97 RE CENTETRAE OF WESTERN I" AVENUE AS SHOWN ON TRACT NO, 21227, FILED IN PRO' 020, PAGES40 AND 41 Or MMS, RECORDS OF THE COJNTY OF L03 ANGELES. NE'LY UNE OF THE THE MORNING) IN DEED RECORDED ON AS INSTRUMENT NO. 1375, IN BOOK SIBS, AUGUST 21,ta b 9 911 9 25' PAGE 9". U S L PER FAD DEED. ACCEPTED AS THE NETY LINE OF THE HLAO"l DESCRIBED N OVER lECS.CEO 25' 25' 25' ANAGN _I. VGN', AS MITRUMENT NO. 20110424009, RUTH OF OFRCLAL RECORDS, RECORDS OF LOS ANGELES COUNTY. I L2 3: LZLI 3 1"0.00' "a llnl' '2eW NBS'39 -j L> Q 185 w 16,184 S.F. (GROSS) - 25 ' 1 75 ' 14,659 SF (NET) 5- EST E 126.75 PRIVATE DRIVEWAY AND 'Ti MHELANE L Z/_ P 2 OR A 25' Z ( 7) 741. GC 0 .m \ M58'30'24"W wrm9rcna" or THE owtvalm 0 CL 0OVILIDYMO AND "wLy PROXONSHU LINT' or Inn. 'NO , 21227, UR $"- .1mul"HOR BY SWART 39&O3° N1 =YV%LEND GE TOW GO P, PON SMON, A i GO NOTMNC, EST ED 9YTIES PER CITY TIE NO' A26% ACCEPTED AS THE A.P. AT 067E OF PARAMOUNT 9OULEVARD, THE BEARINGS SHORN NOWN ARE BASED ON THE BEAR NO NalU7'00'E 97 RE CENTETRAE OF WESTERN I" AVENUE AS SHOWN ON TRACT NO, 21227, FILED IN PRO' 020, PAGES40 AND 41 Or MMS, RECORDS OF THE COJNTY OF L03 ANGELES. OWAW 1,00105' RTY ARCM VO MONUMENT I p, CA SAO TRAIT NO,. 2=1� - - - - - - - - - - - - - - - SEVENTH STREET ESTABLISHED CENTERLINE INTERSECTION ONROMP By 4 RD TANGENT TIES, PER CITY BE N0. A-264ACCEPTED AS CEN HTERSEhOK rfffV L�WTMIR LS 2428, ND AtTERENCE. Alccumo AS THE MONUMENT QJS %76° FROM CORNER ALONG PROPERTY LINE PROLONGATION. Q L*T, TAGGED LS 8407 ON TOP OF CURB TO BE SET I- IF' TAGGED LS B407, FLUSH OR LAT, TAGGED LS 8407 TO BE sE-r b 9 911 9 25' 25' -------0 --- INTERSECTION OF THE CENTERUME OF WESTERN AVENUE AND SE'LY OROLONEAGOR L2 3: OWAW 1,00105' RTY ARCM VO MONUMENT I p, CA SAO TRAIT NO,. 2=1� - - - - - - - - - - - - - - - SEVENTH STREET ESTABLISHED CENTERLINE INTERSECTION ONROMP By 4 RD TANGENT TIES, PER CITY BE N0. A-264ACCEPTED AS CEN HTERSEhOK rfffV L�WTMIR LS 2428, ND AtTERENCE. Alccumo AS THE MONUMENT QJS %76° FROM CORNER ALONG PROPERTY LINE PROLONGATION. Q L*T, TAGGED LS 8407 ON TOP OF CURB TO BE SET I- IF' TAGGED LS B407, FLUSH OR LAT, TAGGED LS 8407 TO BE sE-r CITY OF DOWNEY AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS (Guaranteed by a Subdivision Performance Bond) This AGREEMENT is made and entered into this _ day of , 2019, by and between the City of Downey, California, a municipal corporation and charter city, hereinafter referred to as "City", and 10345 _Western LLC, hereinafter referred to as "Developer", whose business address is 10341 Western Avenue Downey, CA _90241, IN CONSIDERATION of City's approval of the final subdivIsion map tk 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. 74870 ("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 expensei th following improvements and all work incidental thereto within th Subject Tract Map, to wit: Co'nstruct1on of -sidewalk imlorovemen enlv�b �� autter. rdinoval of 6xistiftl and - insta—liat—ion of new water services -(col le ctively "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 months after the date first above date is sooner extended by the C request of Developer. If the Improvements is extended by the Cil not affect the validity of this Agu filed with City pursuant to Paragrar become effective unless said sectori is acceptable to the City, is in e the extension. the Improvements within 24 written, unless the completion Lty CouuCil of City upon the time for completion of the y Council, the extension shall eement or release any security h 5 hereof. No extension shall ,y,, or substitute security that ffect for the entire period of 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 Ong!�'und�red�Five�liou�sand�pol�larsL ($ 105-119Q.��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. a go 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, iability,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. 0 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. I By® Richard Chen Manager _ (Title) 1� CITY CLERK, Maria Alicia Duarte, CMC (SEAL) APPROVED AS TO FORM: By: VjttA, VY - ATTORNEY I By• MAYOR,Rick Rodriguez Document: CITY OF DOWNEY AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS State of California County of Los Angeles On October 11, 2019, before me, Samantha Ma, a Notary Public personally appeared RICHARD CHEN, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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. ISignat (Seal) Bond NO(S). E384945 Premium _11,15o. o o FAITHFUL PERFORMANCE BOND I (Multiple Surety Form) WHEREAS, the CITY OF DOWNEY, a municipal corporation and charter city 0 and 10345 Wdsttdrn LLC,, a Limited Liability Go Vie State 9 Wlifornij �,"Cit)4" OM I -1-J r. 1 111-1111 em, 011 AVbntig� Dt"ey, gA 00244 - , incorporated herein by reference and referred to as the "Contract," Which requires Principal to install and complete certain designated public improvements; and, WHERtAS� under the terms of the Contract and prior to commencihn] 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 GrgatAmeaq 16�Wmhte 06M�4ny, all of which are corporations duly authorized and admitted to transact business and issue surety bonds in the State of California ("Su'retiesare held firmly bound unto the City in the sum of one I I I I I 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' heirs, executors, administrators, successors, or assigns shall in all things stand to and abide by, and well and truly kee p a nd pe orm a covenan s, conditions, arid agreements required to be kept and performed by Principa Downey Performance Bond 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 effec As a part of the obligation secured hereby and in addition to the su specified above, there shall be included all costs, expenses, and fees, including attomey's fees, reasonably incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendere I 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 Great American 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 i 16th October 2019 2 Downey Performance Bond 10345 Western LLC (Principal name) (Seal) BY: (Signature) 'Ri C kar-a C 1 -14 -Al 4 (Print name and Title) Principal address: 1, Principal Telephone: SURETIES. V Great American Insurance Com an (S u rety name) (Seal) BY: (Sign-ature) Valerie Aber, Attorney -In -Fact (Print name and Title) Surety address: 301 E 4TH STREET Surety telephone: 888 -518 -Boli CINCINNATI, OHIO 45202 Downey Performance Bond Document: FAITHFUL PERFORMANCE BOND JURAT 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 Subscribed and sworn to (or affirmed) before me on this 17th day of October, 2019, by Richard Chen, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. SAMANTHA MA COMM, # 2240480. - Signature NOTARY PURtic CAMFORNIA LOS ANGELESCOUUTY0 rvwdr. —g , .422 A (Seal) (Surety name) (Seal) BY: (Signature) (Print name and Title) Surety address: Surety telephone: (Surety name) (Seal) BY: (Signature) (Print name and Title) Surety address: Surety telephone: (Surety name) (Seal) BY- (Signatu, (Signature) (Print name and Title) Surety address: Surety telephone. - 4 Downey Performance bond Affix Corporate Seals Attach Notary� Jurats for All Signatures Attach Power-of-Attorney if executed by Attorney-i 5 Downey Performance Bond NOTARYOR OTHER OFFICER COMPLETINGONLY r OF DIVIDUALWHO SIGNED THE DOCUMENT• WHICH THIS CERTIFICATE IS ATTACHED, AND: NOT OR VALIDITYOF DOCUMENT STATE OF ARI ZONA CO TYOF- RICOPA ss, ON 0161" 1g BEFOREME, Joshua Ferman PERSONALLY APPEARED VALERIE ABER,, ATTORNEY-T'N-FACT O PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT /SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF CH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF ARIZONA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. Ir AND OFFICL4L SEAL JUAFERMAN Notary Pub9% - of Adz tt MARICOPA COUNTY Commission # 561287 Expjfe0Aprfl 12, 2023 THIS AREA FOR OFFICIAL NOTORIAL SEAL GREAT AMERICAN INSURANCE COMPANr Administrative Off ice: 301 E 4TH STREET 0 CINCINNATI, OHIO 45202 0 513-369-5000 19 FAX 513-723-2740 The number of persons authorized by this power of attorney isnot more than one BondNo. E384945 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS -That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under -1 f -the # I I lop 1 RZ In I I I MAKI VWX a 61M UWA Name Address Limit of Power Valerie Aber 2424 W Missouri Ave $105000 --- Phoenix, AZ 85015-2205 IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropr ate 6fficers and its corporate seal hereunto affixed this 16th day of October 2019 Attest GREAT AMERICAN INSURANCE COMPANY Assistant Secretary e President STATE OF OHIO, COUNTY OF HAMILTON ss� DAVID G. KITCHIN (877-377-2405) On this 1 6th - day of October 2019 , before me personally appeared DAVID C. KITCHIN, to me knovif. b 'WOR, N M4innati Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great I 10. F -i W. i K!, L110 buM IIINI-1-1.11101101"I I i0a CIIL IS SLU11 QVI�ITFULC NCUI-1 LIM IL allIA011 ty d'?-LLK"-LLyj@'1 IIIS 011wo J111,Cr name thereto by like allthority. This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance Company by unanimous written consent dated June 9, 2008. R-ESOL VED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Fice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or moreAttorneys-in-Fact to execute on beha�f of the Company, as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER,� That the Company seal and the signature of any of the aforesaid officers and any Secretary orAssistant Secretary of the Company may be affixed byjacsimi,le to anypower of attorney or certificate of either givenfor the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature ofsuch officer and the original seal of the Company, to be valid and binding upon the Company with the sameforce and effect as though manually affixed. CERTIFICATION 1, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed and sealed this 16th day of, October 2019 Assistant Secretary S1 194C (5/15) FRAUD WARNING: Any person who lomingly and with intent to defraud any Insurance company or other person files an application for Insurance or statement of claim contalning any materially false Information, or conceals for the purpose of misleading Information concerning any fact material thereto, commits a fraudulent insurance act, which Is a dime *and shall also be subjed to dull penalty not to exceed flue thousand dollars and the slated value of the claim for each such violation ®State of NY only THE APPLICANT HEREBY AGREES: The undersigned hereby declare that the statements made herein are We and correct, and are made to Induce the Surety In execute, renew or continue a bond or bonds (hereinafter referrad to as the "Bonds"}, in consideration of the execution, renewal or continuation by the Surety of the Bonds, the Undersigned, jointly and severally, agree as follows; To pay the premium for the first year and annually In advanca thereafter as long as liability shall continua under the Bonds, or any continuation or renewal thereof, or substitute therefore; To ndemnliy the Surely against all loss, Debility. costs, damages, attorney's fees and expenses whatever, which the Surety may sustain or incur by reason of executing the Bonds. In making any Investigation on account thereof, in prosecuting or defending any action which may be brought In connection therewith, in obtaining a release therefrom, and in enforcing any of the agreements herein contalned, That the Surety shall have the right, and is hereby authodzed, to Investigate, adjust, settle or is any , demand, suit or judgment upon the Bonds', To deposit with Use Surety, upon demand, an amount sufficient to discharge any claim on the Bonds; To waive, and here does waive, all right to claim any property, nduding homestead, exempt from levy, execution, sale or other legal process under the law of any state or states, That the Surety shall be under no obligation to execute, renew or continue any bond, and shell have the absolute right to cancel the Bonds, or any of them, In accordancewilln any cancellation provision contained thereln, or to procure Its release from any bond under any law for the release of surotles, and S Is hereby released from any damage that may be sustained by the undersigned by reason of such cancellation or release; The Underalgneds' obligations trader this Agreement may only be terminated by sending written notice to the Surety Such notice shall be effective twenty (20) days atter recalpt of the notice of termination, but in no event shall such notice operate to modify, bar, or discharge the Undersigneds as to the Bonds that may have been executed before the effective date of tarmination; That this Agreement shall be binding upon the Undersigned and each of them whether signing as applicant for the bond or as indamnitor, and upon their respective heirs, executors, administrators, successors and assigns, and shall be liberally construed as against the Undarulgratid. &etas t D ot= ,2019 BUSINESS NAME: 10345 Western LLC APPLICANT: Susan T Wu, Member SECTION V: COMPLETE FOR CASES REQUIRINGADDITIONAL INDEMNITY & ATTACH FINANCIALS OF INDEMNITORS in considerallonofthe Suretyroxactrilng, or procuring the execution of, or rafralning from presently exercising its fight to cancel, the band herein applied for, wa Jointly and severally agree to be bound by the foregoing agreement, and N the undersigned is a corporation, It warrants that it Is Onancially Interested in tine performance of the obligation which sold bond applied fork; given to secure, and asserts that It Is fully empowered to obligate Itself hereby. A ,2019 m _ Susan T Wu sS Harold P Wu + Shannon Wu Chen,,* Ho-Teng Chen SS# fGED BY A NOTARY PUBLIC (ATTACH ADDITIONAL ACKNOWLEDGMENTS AS NEEDED) ®QUIRED FOR BOND AMOUNTS OF $50,000 OR MORE` whose name(s) is/are SUbscnbeb to the Wltnin Instrument and erltheir authorized capaclty(ies), and that by his/her/their an pe -jalf of which the person(s) acted, executed the instrument. /(SPOUSE ACKNOWLEDGMENT) MfflLoTS"A,N'1'5'E,�LEi �AL�t"�}i�#couNry STATE OF --OIR,fIS Ails, 2 1 COUNTY OF On before rile, ate dry personally appeared , personally known to me or proved to me (Name of Signer) on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, (signature o No dry) 2849955C/PB +CQI SSfON NV N F E ARE FULLYNEC7 ll C O BOND—[$1 c ORAr 111 e117) TOTAL CASH DEPOSIT REQUIRED FOR THIS PROJECT I : $105,000.00 DATE: DATE:' 8/14/2019 FILE/CASE: TRACT MAP NO.74870 LOCATION: 10341 WESTERN AVENUE Quantity & Item No. Description Unit Unit Price Amount 1 Construct 4 -inch thick PGC Sidewalk and Slab 120 SF $7.50 = $900.00 2 Remove and Reconstruct PCC Curb and Two -Foot Gutter 50 LF $45.00 = $2,250.00 3 Construct New 6 -Inch PCC Residential Driveway Approach and Slab 1 EA $3,800.00 = $3,800.00 4 Installation of two (2) parkway trees 2 EA $350.00 $700.00 5 Remove Existing Water Meter and Install New 1"Water Meter and Box for Irrigation 1 EA '$5,000.00 $5,000.00 6 ° Upgrading Existing Fire Hydrant 1 EA $15,000.001 $15,000.00 7 Installation of new 1" Potable Water service, Meter and Box 8 EA $5,000.00 = $40,000.00 Subtotal = $67,650.00 Labor and Materials (50%) _ $33,825.00 One-year Guarantee (5%) _ $3,382.50 Attorney and Inspection Fees $1,000.00 Total Estimate =1 1104.857.56 - TOTAL CASH DEPOSIT REQUIRED FOR THIS PROJECT I : $105,000.00 DATE: DATE:' Bond No(s). -- J�j4945 Premium 3�,150A1 FAITHFUL PERFORMANCE BOND I (Multiple Surety Fori 1191's - F1 - 9 I I b -M. I I g iiir 11P111! 13���16 any Work under the Contract, Principal is required to furnish a bon to ty for faithful performance of the Contract. f NOW, THEREFORE, We the Principal and Great American Insurance Company, all of which are corporations duly authorized and admitted to transact business and issue surety bonds in the State of ---------- payment of Which sum well and truly to be made, we the Principal and and assigns, jointly and severally. The condition of this obligation is such that, if the Principal, Principal's 11711 rem MT19k stand to and abide by, and well and truly keep and perform all covenanta Downey Performance Bond REM in the Contract and any changes, additions, or alterations made thereto, to be kept and performed at the time and in the manner therein specified, and in all respect$ 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 att&ney'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 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 Great AmericaLi ILisqt6nce Com2a ny, ead 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 16th October 2019 2 Downey Performance Bond J Western (Principal name) (Seal) Y: (Signatur ) (Print name and Title) Principal address: I• 1,J 604 . Principal Telephone: r ' C � 77 (G ) 3G _ 12 CompanyGreat American -Insurance name) BY: 10 (Signature) Valerie Aber, Attorney -In -Fact (Print name and Title) Surety address: 301 E 4TH STREET Surety telephone: 8s8=518-eo11 CINCINNATI, OHIO 45202 3 Downey Performance Bond State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this 17th day of October, 2019, by Richard Chea, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Wc' i`ffiA,„ilk . 2249480Signature RYPootic� �rFORMIANG E. S COUMTY EN lRES H= ', 202, (Seal) (Surety name) (Seal) BY: (Signature) (Print name and Title) (Surety name) (Seal) BY, (Signature) Fdi I a I a mr,- I arm; I I om III 61MMEMMUM Surety address: Surety telep one: (Surety name) (Seal) BY: (Signature) (Print name and Title) 4 Downey Performance bond Affix •. Seals Attach Notary Jurats • All •; Attach Power -of -Attorney if executed by Attorney -i Downey Performance Bond NOTARY OR OTHER OFFICER COMPLETING. ONLY IDENTITYOF DIVI DUAL WHO SIGNED THE DOCUMENT . r AND NOTOR r OF THAT DOCUMENT STATE OF ARI ZONA COLYNTYOF MARICOPA SS. ON, J J )116 Ilf 1 9 BEFORE ME, Joshua_ Ferman [.ERSONALLY APPEARED.VALERIE , : a • r � will r r r i• r INSTRUMENT THE PERSON(S), ORTHE ENTITY UPONOF WHICH THE *, ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF r OF STATE OF ARIZONA .EGOING PARAGRAPH IS TRUE AND CORRECT. �1itYiY�7C1Z��;/fi�l�1�1171 �iyU1� 7A_1�4��I SIGNATURE- THIS AREA I. OFFICIAL NOTORIAL GREAT AMERICAN INSURANCE COMPANY* Administrative ■ff ice- 301 E 4TH STREET 4 CINCINNATI, OHIO 45202 Jli G The number of persons authorized by r r i 'ir♦• POWER OF 1 a KNOWALLMEN BYTHESE PRE. i . COMPANY, corporation organized existing under provided that the liability of the said•.... on any such bond, undertaking or contract of suretyship executed under this authorityis ee the limit stated below, The bond number on this Power ofAttorney must match the bond number on the bond to which it is attached or it is invalid. Namc Address Limit of Power Valerie Aber 2424 W Missouri Ave $105000 --- Phoenix, AZ 85015-2205 IN WITNESS WHEREOF the GREATAMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate' officers and its corporate seal hercuhto affixed this 16th day of October 2019 Attest GREAT AMERICAN INSURANCE COMPANY y 1itp i i r" W : Assistant Secretary Divisional Senior Vice taresideot STATE OF OHIO, COUNTY OF HAMILTON - ss; DAVID C. KITCHIN (877-377-2405) On this 16th day of October 12019 , before me personally appeared DAVID C."KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under theBy-Laws of said Company, and that he signed his name thereto by like authority. ". i t - a - e This Power &r s caa.. w,Y Nig 4 et�I " ofAttorney is granted by - resolutions adopted by the Board of o - Compa RESOLVED;by unanimous written consent dated June 9, 2008. Divisional r Divisional rr and Divisonal Assistant Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one or more A 11orneys-in-Fact to execute on beha of the Compan as r ♦ r.. ♦ r r: ♦ r.c 've duties an the respective limits of their authority• s to revoke •appointment RESOLVED FURTHER.� That the Company seal and the signature of any of"the aforesaid officers and any Secretary orAssistant Secretaty of I Company may be affixed byjacsimile to anypower of attorney or certificate of either givenfor the execution of any bond, undertaking, contract r r or other written ♦thereofnature r a : being eb.... r ■ eCompanyrfsuc r -Y r r r - s r: r r r s : r original CERTIFICATION • C s s r. 1 r ► _ '' • �' a . . Signed and seated this "®a 16th day of October Assistant Secretary FRAUD WARNING: Any person who knowingly and wllh Intent to defraud any Insurance company or other person rites an application for Insurance or statement of d®lm containing any materially false information, or conceals for the purpose of misleading Information concerning any fad material thoreto, commits a fraudulent Insurance act, which Is a crime 'and shall Woo be udbiect to evil penalty not to exceed five thousand dollars and the stated value of the dalm for each such Notation *State of NY only THE APPLICANT HERE AGREES: The sppllco nt(s) and the Indomnitor(s), If any, hereby authorize the Surety to obtain credit reports and histories and to confirm the bank balances claimed, and all other Items on any balance sheet or Income statement fumished until all liability of the Surety for any suretyship or claim obligations expire. INDEMNITY AGREEMENT The undersigned hereby declare that the statements made herein are We and correct, and are made to Induce the Surety to execute, renew or continue a bored or bonds (hereinafter referiad to as the "Bondii j, In consideration of the exewflan, renewed or continuation by the Surety of the Bonds, the Undersigned, Jalnlly and severally, agree as follows: To pay the premium for the trot year and annually in advance shortener me larp as liability shall Continua under the Bonds, or any contlativaton or renewal moroot, :p9 substwto'.tihoroforw To tndarnAry Me Swaty aveIrun all 1034, 041rlitty, soars damooes, eys. tees and oxnerass, whatever, which the Surety may sustain or Inour by mason of exaciAng the ecnda, Iry ata any khuaeRigatiarn oft actatrul aharoof, to Prosecuting or defending any notion ostia may be brought 0 tonoefta, Itai swlth, in obtaining a release tterefrom, and in enforcing any of the agreemontshwelft conletnetf; That the Surety ohs# have the Tight, and Is hereby AWWUad, to srvoftaa. adjust, sills air compromise any c1shin. demand, cult or Judgment upon the Bonds, To deposit with tea Surely, upon demand, an amount 44400nit to discharge arty claim on the BMW, To waive, and here does witivs. 44 drat to sigh anywowny, dire homestead, Tromat from Is", ern, tole or other legal process under the law of any fte w als ae, That ma Surety shall be undof no obilgaiton to execute, operate to molly, bar, or discharge the Understgnods as to the bonds that may have been ex od before the offoctmo data o to MITifitison, That this Agreement Shall Us trtnrrusg t she tr rahgmu and each of whether Ing as applIcant for the bond or as Indamnhor, and upon their reapeollve helm. amcurars, adminletrators, successors and assigns, and shell be liberally construed as astaftl the UndartItmod, t ffl� DAY OF` + 2019 BUSINESS NAME: 10345 Western LLC APPLICANT; Susan T Wu, Member SECTION V: COMPLETE FOR CASES REQUIRING ADDITIONAL INDEMNITY & ATTACH FINANCIALS OF INDEMINITORS In consideration of tha SurelyeetecturtIng. or prorunng the execution of, or refraining from presently exercising Its right to cancel, the bond herein applied for, we Jolnty and severally agree to be bound by the foregoN agmemant, and If the undersigned Is a corporation, It warrants that it Is financially Interested in the performance of the obligation which said bond appllad for Is given to secure, and asserts that Il Is fully empowered to obligate Itself hereby, 17AY`orF 2019 Susan T Wu 5S NPE NIT f ° T Harold P Wu S ShLk annon Wu Wu Chen 4NPEtAPIIT0RI * o-Teng Chen SS# INDEMNITORS' SIGNATURES MUST BE AC Iti EDGED BY A NOTARY PUBLIC (ATTACH ADDITIONAL ACKNOWLEDGMENTS AS NEEDED) ***NOTARY ONLY REQUIRED FOR BOND AMOUNTS OF $50,000 OR MORE*'* RI I€ CI AL ACKNOWLEDO TENT STATE OF I -L,14 all, F COUNTY OF IN �r l .F jpl IEIN.. 1 i awl WITNESS my hand and official seal. s m a v COUNTY OF On before personally appeared personally known to me or proved to me of s :r on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that heisheilthey executed the same in his/her/their authorized capacityllies), and that by histher/their signature(s) on the Instrument the persori or the entity upon behalf of which the person(s) acted, executed the instrument. 8/14/2019 FILEicASE: TRACT MAP NO. 74870 LOCATION: 10341 WESTERN AVENUE TOTAL CASH DEPOSIT REQUIRED FOR THIS PROJECT IS .- MjLjj2,jL,83 DATE: DAM Q41 _ _Z __( 0 A A memo rd'HIN Description Amount Construct 4 -inch thick PCC Sidewalk and Slab ---------- Ji��ve and Reconstruct PCC Curb and Two -Foot Gutter TU r-AlbLI119-nditj I''A Irrigation Upgrading Existing Fire Hydrant Installation of new 1 " Potable Water service, Meter and Box TOTAL CASH DEPOSIT REQUIRED FOR THIS PROJECT IS .- MjLjj2,jL,83 DATE: DAM Q41 _ _Z __( 0 A A memo rd'HIN El C#Vofbowne 111, DATE: August 27, 2019 TO: Brian Aleman, Assistant Civil Engineer I FROM: Alfonso Hernandez, Senior Planner SUBJECT: Final Tract Map No. 74870 r3mgi .1 Iwo the City Council approve Final Parcel Map No. 74870. The Planning Commission approved the minute action unanimously. 14MITTAG H M F NT ru"