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HomeMy WebLinkAboutResolution No. 19-7913 - Approve Final Tract Map No. 74870 & Agmt with the Subdivider for ConstructionA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FINAL TRACT MAP NO. 74870 AND AGREEMENT WITH THE SUBDIVIDER •- CONSTRUCTION OF :D • IMPROVEMENTS WHEREAS, 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 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. RESOLVEWHEREAS, 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 • • SECTION 1. The Final Tract Map No. 74870 attached hereto as Exhibit A is hereby SECTION 2. Direct the City Clerk to transmit the Final Tract Map No. 74870 to the Los Angeles County Recorder' Office for recordation. SECTION 3. That City Clerk shall certify to the adoption of this Resolution. 9> R DRIGUEZ, Mayor ARI LlCIA DUARTE, MC City Clerk RESO NO. 19-791N PAGE 2 I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Special Meeting held on the 1 offi day of December, 2019, by the following vote, to wit: AYES: Council Members: Ashton, Frometa, Saab, Pacheco, Mayor Rodrigu NOES: Council Member: None. ABSTAIN: Council Member: None. ABSENT: Council Member: None. MARIA, ALICIA DUARTE,ZMC' City Clerk F4G:lt*m, TRACT NO. 74870 i R G C! TRACT NO. 7487% u�✓ � flM .x «�e�r=M'.i*.,'m>r °�+a9�^a i ,'rt,ee:AN o, l , y.p , I r a � , 1. CITY OF DO AwGREKMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS (Guaranteed by a Subdivision Performance Bond) This TAREEMENT is made and entered into this _100 day of ---- Decmber F 2019, by and between the City of Downey, California, a municipal corporation and charter city, hereinafter referred to as ''City'', and 10345_ Western LLQ hereinafter referred to as "Developer", whose business address is 10341 TWstern Avenue_ Dewnev. CA 90241. IN CONSIDERATION of City's approval of the final subdivision map (" 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 expense, the following improvements and all work incidental thereto within the Subject Tract Map, to wit: Cons,tr_uction of sidewalk_ --improvements, Fpconstruqtion of AubqtandArd eprb 1, gutter. removal of existing Portland Cement CeqqjqQq-cQJveW4y approach, installation of new Portland Cement Concrete drivewav approach, fire hydrant--EetrcEit. and installation of new water servicqs(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 impro-vements have not been completed, developer shall be deemed in default in this agreement. 5. Developer has filed with City a subdivision impro7ement, performance bond, securing the faithful performance of this Agreement and adddLionally 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 One Hundred Five Thousand Dollar - ($ 051000.00. Should the amount of the security became insufficient in the opinion of the City Engineer of City, Developer shall renew the saTe in an amount deemed sufficient by the Cite. 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 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 obligate, and inure to the benefit of, the successors and assigns of the parties hereto. By: Richard Chen 1�• _� �*n 01 C `1 iRR, Maria Ali cia Duarte, CMC (SEAL) APPROVED AS TO FORM A By: CItYeATTORNEY M, By I- MIA'ORRick Rodriguez Document: CITY OF DOWNEY - AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS (Guaranteed by a Subdivision Performance Bond) Date: November 27, 2019 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, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On November 27, 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. WITNESS my hand and official seal. Signature i .`p''. COMM N# 2244480 , NOTARY PUBLIC - CALIFORNIA LOS ANGELES COUNTY 0 COMM.—„EXPIRES PIRES AUG. b, 2022 J ' (Seal) r7) Dond 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 ("Citand 10345 Western LLC, a Limited Liabilitv CompAny, f i .'�the state of California as principal ("Principal") have entered into an agreement entitled A Proposed Eiqht-Unit_Apartment Condominium EntitlementsTract Map_No. 74870 located at 10341 Western Avenue, Downey. CA 90241, incorporated herein by reference and referred to as the "Contractwhich requires Principal to install and complete certain designated public improvements; and, WHEREAS, under the terms of the Contract and prior to commencinif any work under the Contract, Principal is required to furnish a bond to City for faithful performance of the Contract. i Insurance CompAny, all of which are corporations duly authorized and admitted to transact business and issue surety bonds in the State of California ("Suretiesare held firmly bound unto the City in the sum of One Hundred Five Thousand & 00/1 OO'Dollars ($105,000.00), or the payment of which sum well and truly to be made, we the Principal and Sureties bind ourselves, our heirs, executors, administrators, successo and assigns, jointly and severally. I -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 Downey Performance Bond in the • and any changes, additions, • alterations made thereto, to be kept and performed at the time and in the manner therein specified, anl� in all respects according to their true intent and meanings, and shall •+ and save harmless City, its • employees, and .•' as therein provided, then this obligation shall •" null and void; • it shall be an,41 re-uqdii 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 atto'rney'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 •+ • • 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 • their obligations on 'this bond, and Sureties do hereby waive notice • any such change, extension., alteration, or addition. Sureties further agree that Great American Insurance CqMpany ("Lead Suretyis designated • 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 -, 20 19 2 Downey Performance Bond 10345 Western LLC (Principal name) (Seal) BY: (Signature) (Print name and Title) Principal address: RIMIA91 ' IJ Z-04 �Ilex4LA4 h -r- Principal Telephone: Great American Insurance Company (Surety narne) (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 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, Laccuracy, or validity of that document. 640-Twil[W NMMME3�� 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) whit. appeared before me. SAMANTHA MA 0 COMM. # 2249480 NOTARYPUBLIC-C Signature 10 ALIFORNIA LOS ANGELES COUNTY 0 %:COMM, EXPIRES AU6, 6 2072 (Seal) (Surety name) (Seal) BY: (Signature) Surety address: Surety telephonj (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: Downey Performance bond Affix Corporate Attach Notary Jurats for All Signatures Attach 1 a .. < 1 1 ON SS. BEFOREME, Joshua Ferman ■ JOSHUAFERMAN V' a Notary public - State 011 Afton MA RfCi'AC47l7NTY Commission # 551267 Expires April 12, 2023 PARAGRAPHSTATE OF ARIZONA THAT THE FOREGOING AND CORRECT. PVITNESS Al II,27VD AND OFF IC JAL SEAL. SIGNATUREX': RE:y,. AMERICANINSURANCE . Administrative Off ice: 301 E 4TH STREET 0 CINCINNATI, OHIO 452020 The number of persons authorized by this power of attorney is not more than one POWER OF'ATTORNEY C9W ALLMEN BY THESEPRESENTS: That the GREATAMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawf l attorney -m - fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, the specific bond, undertaking or contract of suretyship referenced herein; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. The bond number on this Power of Attorney must match the bond number on the bond to which it is attached or it is invalid. 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 appropriate officers and its corporate seal hereunto affixed this 18th day of October 1 2019 Attest GREAT AMERICAN INSURANCE COMPANY Assistant `accreta- Divisional Senior Vice President STATE OF OFTIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (877-377-2406) On this 16th day of October 12019 , before me personally appeared DAVID C. KITCLFIN, 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 instrumenU 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. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated .Tune 9, 2008. RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal assistant Vice Presidents, or any one of them, be and hereby is authorized, froom time to trine, to appoint one or more Attorneys -in -Fact to execute on behalf of flee Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,° to prescribe their respective duties and the respective inuits of their authority, and to revoke any such appointment at any time. SOLVED FURTHER, That the Company .seal and the signature of any of the aforesaid officers and anv Secretary or Assistant Secretary of the Company may be affixed by.facsimele to any power of attornev or certificate of either given for 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 of such of and the original seal of the Company, to be valid and bending upon the Company with the Baine force and effect as though manually affixed. I, STEPHEN C. BERALIA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Revolutions of the Board of (directors of June 9, 2008 have not been revoked and are now in full force and effect. Signed anti seo ed this 16th day of October 2019 Arnstant Secrelm ni 194r: W15) FRAUD WARNING: Any person who knowingly and with Intent to defraud any Insurance company or other person teles an application for Insurance or statement of claim containing any materially false kiformation, or conceals for the purpose of misleading Information concerning any fact material thereto, commits a fraudulent Insurance act, which Is a crime 'and shall also be act to civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation 'State of NY only ■ The applicanf(s) and the Indemnitor(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 furnished 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 true and correct, and are made to induce the Surety to execute, renew or continue a bond or bonds (hereinafter referred to as the 'Bonds'1. 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 advance thereafter as long as liability shall continue under the Bonds, or any continuation or renewal thereof, or substitute therefore; To indamnffy the Surety against all loss, Nobility, costs, damages, attorneys 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 Worcing any of the agreements herein contained; That the Surety shall have the tight, and Is hereby authorized, to Investigate, adjust, settle or comprorniss any claim, demand, suit or judgment upas the Bonds; To deposit with the Surety, upon demand, an amount sufficient to discharge any claim on the Bonds, To waive, and here does waive, all fight to claim any property, including homestead, exempt from levy, execution, sale or other legal process under the law of any slate or states. That the Surety shall be under no obligation to execute, renew or continue any bond, and shall have the absolute right to cancel the Bonds, or any of them, In accomencewlth any cancellation pmvlslon contained thereln, or to prowns Its release from any bond under any law for the release of sarates, and Surety Is hereby released from any damage that may be sustained by the undersigned by reason of such rancellafion or release; The Undensignedw obligations under this Agreement may only be terminated by sending written notice to the Surety Such notice shall be effective twenty (20) days after receipt of the notice of termination, but in no event shall such notice operate to modify, bar, or discharge the Underslgneds as to the Bonds that may have been executed before the affective date of termination; That this Agreement shall be binding upon the Undersigned and each of them whether signing as applicant for the bond or as Indemnitor, and upon their respective heirs, executors, administrators, successors and assigns, and shall be liberally construed as against the Undersigned 47 Y DpTf11 I11`6 DAYo� r � �+ 2019 BUSINESS NAME: 10345 Western LLC APPLICANT: Susan T Witt, Member • �• •- • rr ♦ r s r •-; In consideration of the Surety executing, or prowring the execution of, or refraining from presently exercising its right to cancel, the bond herein applied for, we joingy and severally agree to be bound by the foregoing agreement and If tna undersigned is a corporation, It warrants that it is financially Interested in the performance of the obligation which said bond applied for Is given to secure, and asserts that It is fully empowered to obligate Itself hereby. . r t)SATE®�F}ISh `l RAY bF.'' %/�� 6£` 2019 t` Susan T Wu 'Ss#` x ;IffCrCK3NITf3 : 4;r_r, r. _... Harold P Wu d/ )1 C-Mify-p` XX r I r Shannon Wu Chen 890 <1NC�1 n!N?iTOF#:( „,- o-Teng Chen SS# INDEMNITORS' SIGNATURES MUST BE ACKNOWLEDGED BY A NOTARY PUBLIC (ATTACH ADDITIONAL ACKNOWLEDGMENTS AS NEEDED) ***NOTARY LY REQUIRED FOR BOND AMOUNTS OF $50,000 OR MORE*** {PRINCIPAL ACKNOWLEDGMENT) STATE OF L / COUNTY OF On 11 °. .f .(4, f . '� rfl' before e, �. ° tie) � otaLy n f/gyp ""�" - f personally appeared p,°' f „ 'f k 46 5d tl If ers Fatly known #o me or Civet& e (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 e/shelthey execute , the same Ift hi /her/their authorized capacity(ies), and that by his/her/their /� •_ h the person(s) acted, executed the instrument. h � X41V ITS y hand and official seal. ofwhic ARTAs n tures) on a nstru ent t o person(s), the e tit upon e a 1. (Slnttluroo%Notary) MM, 2249 EI(SPOUSE ACKNOWLEDGMENT)RY PUBLIC • CALIFORNIA ANGELES COUNTY 0 STATE F . EXPIRES AUG. 6 2022 ' COUNTY OF On before me, (Date) - (Notary) 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) islare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signaturl on the Instrument the .- or the entity upon behalf of which the ,-acted, executed the instrument. * i . .. �-19���� FILE/CASE: TRACT MAP NO. 74870 LOCATION: 10341 WESTERN AVENUE DATE: ' "�--- DATE: Total Estimate =| $104,857.50 ! Quantity & LitemNo. 1 ~~~~�~~' | Unit Price / | Amount � 1 Construct 4-inohthick PCC Sidewalk and Slab L 120 SF $7.50= $900.00 2 |Remove and Reconstruct PCC Curb and Two -Foot Gutter 50 UF| $45.00 | = $2.250.00 | 3 -| Cone�u�New 0'|nchPCC ReaidemU�DhvewayAppmochand �ab | 1 EA $3,800.001 $3.800.00� 4 Installation uftwo (2)parkway trees 2 EA $350.00 | $700.00 Remove Ex�UngVV�e Me�rand |n�oUNew 1"VVa�rMe�rand Box kx - Irrigation 1 EA $5.000D0 $5.000D0 0 Upgrading Existing Fire Hydrant 1 EA $15.000.00 $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 (5O%) = $33.825D0 One-year Guarantee (5%) = $3.382.50 Attorney and Inspection Fees =| $1.008-00 1 DATE: ' "�--- DATE: Total Estimate =| $104,857.50 !