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HomeMy WebLinkAbout10. Adopt Reso-Approving Final Tract Map No. 74870 - 10341 Wester AvenueItem No. APPROVED BY TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CITY MANAGER FROM: OFFICE OF THE CITY MANAGER BY: DELFI NO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC WORKS/CITY ENG&INEER� DATE: December 10, 2019 SUBJECT: APPROVAL OF FINAL TRACT MAP NO. 74870 AND AGREEMENT FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS LOCATED AT 10341 WESTERN AVENUE I N *$iQ JI�, 14 IN IT -A 1101 1k, I - 0 1id[OPLE111 W06901421110 WIMMINVAIUMM �01LTJ:41 NR�e k� •- • ei 0 6-110 On April 17, 2019, the Planning Commission 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. & AW RIO I •A I W SI Lela 0 pig I pi I LM I I I I pi Pikyr-1 I I V4 I I lRubb] rt I I E MKO] III a a L742 R 611K to Lej 014 Lej I ms I I LzW I I � to j I LZIO E K;;M*j I q I I Lei I ekAG 1-1,T1Av*--R*. 746T,11 - 1 t34F1,Tt�a1-EKR-A-TE]1 11 DECEMBER 10, 2019 PAGE 2 -a F * WIT 4 ff T, I IXTIWI There is no fiscal impact. All subdivision public improvements will be constructed as part of the development. ATTACHMENTS Attachment A — Location Map Attachment B — Resolution Attachment C — Public Improvement Construction Cost Estima Attachment D — Planning Commission Memo dated 08-24-2011 0 }� � �� \�\d� \ �~` ^®���\^~�`� �� � ~ �~ ��~ � .] � 10341 WESTERN AV LOCATION MAP NORTH ------- ATTAr.HKAFNT A 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 11AEREAS, on August 21, 2019, the Planning Commission considered Final Tract 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 Z III P�w I 01611FILZA Lt rA 114 11 Va j& -j I I ale -- ----- am 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 the Los Angeles County Recorder' Office for recordation. WaW w -I'm " ��JTIhl A 10 0 1 * Ile - 01111 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 10th day of December, 2019, by the following vote, to wit: AYES: Council Members: NOES: Council Members: ABSENT: Council Members-. ABSTAIN: Council Members: 0 I��II �Nq � III �� SIJK�,ASOW cr . r, -,L RANO'iO A P MAV7,0Mif) AW), A1Nik� is NAP �,7 158 IN I , TNE OF PAfTJkJPl 01 TIL CIVIXII-L OF ML UT S'NO TRACT NO. 74870 T� ::r AMT; 1, 17 j-,4 Ar 1� (Vi A \ \'\ INI I \ \'\ 6m 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. 11a 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 lo -sing party, and any Judgment or decree rendered in such a proceeding shall include an award thereof. M 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. 12. This Agreement shall run with the land and shall bind and *bligate, and inure to the benefit of, the successors and assigns #f the parties hereto. By: Richard Chen OEM CITY CLERK, Maria Alicia Duarte, CMC (SEAL) APPROVED AS TO FORM: A By: PIT'Y ATTORNEY I M- 11ocument: CITY OF DOWNEY AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS 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 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. VWNMM�11 I �-, 9- =6111!111-1961M SignatLjre(_.A'/ i Mr Y (Seal) V, .e,ond No(S). E384945 Premium $3,150.00 FAITHFUL PERFORMANCE BOND I (Multiple Surety Form) WHEREAS, the CITY OF DOWNEY, a municipal corporation and charter city of the State of California ty"), and 10346 Western LLC, a Limited LiahilitV_g2Mpany, incorporated in the state of Ca•r-n—la as principal ("Principal") have entered into an agreement entitled A Proposed Eight -Unit A artment Develo twient With Condominium Enfitlements,-TEggLMap No. 74870 located at 10341 Western AVOIlLie, Dgyne y, CA 90241, incorporated herein by reference and referred to as the "Contract," which requires Trii�cipal to install and complete certain designated public improvements; 'And, WHEREAS, under the terms of the Contract and prior to commencin,f 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 Great American Insurance CoMpany, 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 One Hundred Fi.ve Thousand & 001100 Dollars ftIO5,000.001, or 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 r.,tand to and abide by, and well and truly keep and perform all covenants, condons, and agreements required to be kept and performed by Principal Downey Performance Bond POO 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, an�i 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 su specified above, there shall be included all costs, expenses, and fees, including atto�ney's fees, reasonably incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. I The Sureties, for value received, hereby stipulate and agree that no change, extension of time, alteration, or addon to the terms of the Contract or toe 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 Corn•any.("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 16th October 2 Downey Performance Bond UUMEM 10345 Western LLC (Principal name) (Seal) BY: (Signature) rC (Print name and Title) Principal address: ZJ h -r- Principal Telephone: lf4?1779 Mauzo Great American Insurance Company `§6rety name) (Seal) BY: (Signature) Valerie Aber, Attorney -In -Fact (Print name and Title) Surety address: 301 E 4TH STREET CINCINNATI, OHIO 45202 3 Downey 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, accurac , or validity of that document, mmmmlsl+ = 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. SAMAN' NCOM M . # OTA COMM. # 2249480 IOU NOTARY PUBLIC - CAUFOOMA T Signature 2 ^ 9 ffim M LOS G LOS ANGELES COUNTY 0 CELM OW EXPIRES AUG, 6 2022 A (Seal) (Surety name) (Seal) BY: (Signature) Surety address: Surety telephone: (Surety name) (Seal) BY: (Signature) (Print name and Title) Surety address: Surety telephone: I \ (Surety name) (Sea., BY: (Signature) �,urety address: SuretZar=ps =M - 4 Downey Performance bond Affix Corporate Seals Attach Notary Jurats for All Signatures ANL- A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENTTO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT A a ON - I J ) 16 /1-01 Il BEFORE ME, Joshua Ferman PERSONALLY APPEARED VALERIE ABER, ATTORNEY-IN-FACT •11110 fly 921611:610 1010 STATE OF ARIZONA THAT THE FOREGOING PARAGRAPH IS TRIJE AND CORRE CT, WITNESS M)'HAND AND OFFICIAL SEAL, SIGNATURE— I �J0080 H IUI A F E R M A N Notary Public - State of AOZ008 MARICOPACOUNTY Commission 0 561267 Expires April 12, 2023 THIS AREA FOR OFFICIAL NOTORIAL SEAL GREAT AMERICAN r i COMPANYO Administrative Office: 301 E 4TH STREET 0 CINCINNATI, OHIO 45202 * 513-369-5000 0 FAX 513-723-2740 The number of persons authorized by this Qower of F- i POWEROFATTORNEY KNOWALLMEN theGREATAMERICAN INSURANCE 4 COMPANY, organizedand existing■ bv virtue of the laws of the State of Ohio, does i o roil i i lawful attomeiijilit- • r i iL111;3 Sp statedthe limit below. The bond number on ofAttomey must match the bond number on the bond to which it is attached or i. Name Address Limit of Power Valerie Aber 2424 IN Missouri Ave $105000 --- IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by Its appropriate officers and its corporate seal hereuhto affixed this 16th day of October 1 2019 Attest GREAT AMERICAN INSURANCE COMPANY Assistant Secretary Divisional Senior bice President STATE OF OHIO, COUNTY OF HAMILTON - sen DAVID C. KITCHIN (877-377-2405) On this 16th day of October 12010 before me personally appeared DAVID C. KITCHIN, to me known, being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. e This Power ofAttonley is granted by authority of the following resolutions adopted by the Board of Directors of Great Americana Insurance Company by unanimous written consent dated June 91, 200$, RESOLVED: That flee Divisional President, Phe several Divisional Senior Oce Presidents, Divisional Nee Pr'esideros and Divisonal llssistani Vice Presidents, or any one of thein, be and hereby is authorized, front tined' to time, to appoint one or snore. Altornoes-in-1 act to execute on behaf of the Company as surety, any and all bonds, undertakings and contracts cel suretyship, or other ivriften obligallons in the nature tkeregf- to prescribe their respective duties and the respective limits oftheir authority; and to revoke any.such appointment at at?), Byrne, Rt SOL1,ED FURTHER: That the C'ompient, seryl and flee signature of arab of the aforesaid Utjac€ rs and any Secredar}' or Assistant Secretin} of the Cornpanv rttav be affixed by,facsimile to any power of attorney or certiJ7cale of either given for the execution of any bond, undertaking, contract a suretyship, or other ivraten obligation in the nalure thereof such signature cited seal 1t'hen so used being hereby adopted by the � Company as the original signature of�such ofpace r and the original seal of the CornparT,, 10 be Valid and binding upon the Company 7rith the .sainE lbrce and eiJect as though inane{ally affixed. CERTIFICA°TION I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Posolinions of the Board of Directors ofJune 9, 2008 have not been revoked and are nose, in full force and effect. Signed and sealed this 16th day of October 2019 W � Assistant Secretary S1194C: (6(16) FRAUD WAPJ41NG: Any person who kmlngiy and with Intent to defraud any Insurance company or other person flies on application for Insurance or statement of claim conlelning any materfatly raise Information, or conceals for Ole purpose of misleading Information concoming any fad rnal ltdof thereto, commit$ a fraudulent Insurance ad, which Is a dime •and shell also be sub)ed to clog penalty not to exceed five thousand dollars and the stated value of the claim for each such Nolallon'State of NY only THE APPLICANT HEREBY AGREES: The appileant(s) and the Indemnitor(.), I1 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 shoot or Income statement furnished until all liability of the Surety for any suretyship or claim obllgauons expire. INDEMNITY AGREEMENT Toho undersigned Manley dscara Bial oto statements made heramn aro true and corecL end ars made to induce the Surety to execute, renaay or continuo a bond or bonds litaralnsftor rofarred to as the `Sonde'). in ronatdot•tlon of the oxcaXon, renewal or continuation by the Surety of the Santa. the Undateloned, loinly and sovomlly, agree as follows. To pay un premium for the first yaar ood annually in advance tnamonot es long as Ilabis'kfy shall casnanue, under the Sonde, or any ra nimusten or irtnewsl thereof, or substitute thatoraro, To indemnify bre rturoiy against all loss, 1abt1ly, casts, dama7es, sttomays teas and *vlorstiN vrttatsusa, whtofmh tlts Surety may sustain or incur by reason of esarciltterg the 't,ende, In mubtno any Invoatioation on account thereof, in prcaacufing or dafarxitnp navy quem whim may be I:rouohl to connodlon livinsiMb, In Warning a release mnoreahum, and in ev ordng army of the aofoomonla hemin contained; Thai, the Sumty shat; have the right, and In hereby aubhoizod, to snvasugalo, adjust, aalfia or cornOromise any Marl, demand, cult or judgment upon the Bonds, To do alt with dna Surety, upon demand, an amount aulfident to d igo any dalm on the Sonde; To wawa, and loom does walve, ort right to claire any propeay. Oduft twmesiosd, exampl from levy, ox on, sate or other legal prowsr; under the low of any assts or ofatoe, That tla Surety shall be under no Woollen to execute, renew or conlin le arty frond, and shut have the absdtuta right to cancel that Bondo. or any of them, In soca ca smith tiny comeRaVon proAston conteltmed Marvin, or to prectaro IVi release from any bond undor any Low for the (of$$" of suravosv one Surety is thereby rokaased from any damage Inas may be sualali ad by tea undaregnsd by reason of Burgh cancellation or rolaoss, Tra ttnderalgnada• obligallorts under Into n,proomard may only be terminated by sand'Ing wrllten notice to the Surety such nouns ahou be affective hvanty (24) days after reca°apt or dna nonce of termination, but In no event sluwt ouch noilce operate to modify„ bar, of dedwrilar the UndetsIgneds as to the Bonds that may have boon oxecuted "fare inti effective data of torminabom That Uils Agreement shall be binding upon Uva Undoralgned and each of them whautar afgaino as •ppliml for We bond or as Indarnitor, and upon their respeottvs Moira, executors, administrators, stcceasors and assigns, ar.d sheet be Ilboretiy construed as at)atnot the Undor'olgnad -& rO tI Cl'Tf - rt o a BUSINESS NAME: 10345 Western LLC APPLICANT: Susan T Wu, .. a • s • • • f IN r_ ► r r: ♦ e r r e r`3.:. WITNESS my hand and official seal. r STATE OF before me, (Date) ."NO ry s personally appeared .2 personally known to me or proved to me (Name of Signer) on the basis of satisfactory evidence to be the person(a) whose name(s) Istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), 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 r and a seal, Notary) (Signature of V-Q—eB IM] INANCIr,41C, V41 . ♦ t► FILE/CASE: TRACT MAP NO. 74870 LOCATION_ 10341 WESTERN AVENUE Item No, Description, Quantity & Unit Unit Price Amount --L—Ponstruct 4 -inch thick PCC Sidewalk and Slab 120 SF $7.50 z $900.00 2 Remove -and —Reconstruct -PCC —Curb —and - two -17 -660G -utter "Construct 50' —LF $45.00 = $2,250.00 3 New 6 -Inch PCC Residential Driveway Approach and Slab J 1 EA $3,800.00 = $3,800.001 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 EAJ $15,000.00 $15,000.00 7 Installation of new 1" Potable Water service, Meter and Box 8 EA V $40,000.00 Sublota, = $67,650.001 Labor and Materials (50%) = $33,825.00 One-year Guarantee (5%) ry $3,382.50 Attorney and Inspection Fees = V1 1 —00000 I = 12mm TOTAL CASH DEPOSIT REQUIRED FOR THIS PROJECT IS :1 $105,000.00 ] DATE: eloh? ----------- DATE: 41141zc DATE: August 27, 2019 TO: Brian Aleman, Assistant Civil Engineer I SUBJECT: Final Tract Map No. 74870 A 14. F 11 On August 21, 2019, the Planning Commission considered Final Tract Map No. 74870 (PLN -1 9- 00116), to subdivide a parcel for the purpose of establishing condominiums. After considering all written and oral testimony, the Planning Commission adopted a minute action recommending the City Council approve Final Parcel Map No. 74870. The Planning Commission approved the minute action unanimously.