HomeMy WebLinkAboutResolution No. 19-7907 - Approving Parcel Map No 82450 and Subdivider AgmtA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING FINAL PARCEL MAP NO. 82450 AND AGREEMENT WITH
THE SUBDIVIDER FOR CONSTRUCTION OF SUBDIVISION PUBLIC
IMPROVEMENTS
WHEREAS, on June 19, 2019, the Planning Commission considered Final Parcel Max,
No. 82450 (attached herein as Exhibit A) and adopted a minute action recommending City
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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 13) between the City and the developer in connection with
the above identified subdivision.
WHEREAS, said agreement includes a cash deposit of (attached herein as Exhibit C) as
qurety 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 Parcel Map No. 82450 attached hereto as Exhibit A is hereby
approved.
SECTION 2. Direct the City Clerk to transmit the Final Parcel Map No. 82450 to the Los
Angeles County Recorder' Office for recordation.
APPROVED AND ADOPTED this 22nd day of Odobef-,-201-9.- --- - ----
�AC O----
-ayor Pro Tem
A . �-M
41RAL A DUARTE,CMC A&LL
City Clerk
• NO. 19-7907
PAGE 2
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 22 nd day of October, 2019, by the following
vote, to wit:
AYES:
Council Members:
Ashton, Frometa, Saab, Pachec
•
Council Member:
None.
ABSENT:
Council Member:
Mayor Rodriguez
I
ABSTAIN:
Council Member:
•
#A--R-FA ALICIA DUARTE, tMC
City Clerk
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BENEFICIARY STATEMENT:
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SURVEYOR'S STATEMENT:
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CITY CLERK'S CERTIFICATE:
SPECIAL ASSESSMENTS CERTIFICATE:
PARCEL MAP NO. 82450
IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
CHRISTOPHER W DANIELS, P.L.S. 6326 EPS GROUP INC. MAY 2019
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SIGNATURE OMISSIONS NOTES:
PARCEL MAP NO. 82450
IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA
CHRISTOPHER W DANIELS, P.L.S. 6328 EPS GROUP INC MAY 2019
BOUNDARY ESTABLISHMENT
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C/L VERDURA AVENUE
PARCEL MAP NO. 82450
lN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
CHRISTOPHER W DANIELS, P.L.S. 6328
EPS GROUP INC, MAY 2019
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CITY OF DO
AGREEMENT FOR CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS
(Guaranteed by a Subdivision Cash Deposit)
This AGREEMENT is made and entered into this 217--In, day of
_Oge,� e;r 2019, by and between the City of Downey, California,
a municipal corporation and charter city, hereinafter referred to
as "City", and NADG /Waypoint Development Group hereinafter
referred to as "Developer", whose business address is 8818
Imperial Highway, Downey, CA 90242.
IN CONSIDERATION of City's approval of the final subdivision
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map Parcel Map") prior to the completion and acceptance of
certain improvements required by conditions of approval of t h e
tentative subdivision map ("Tentative Map") for Parcel Map No.
82450 ("Subject Parcel Map`), the parties hereto agree as
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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 and installation of 2"
Water service, meter and meter box. (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,
Cash Deposit, 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 Thirty Six Thousand Dollars I,$
36,000.00). 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 construct. -on
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®
i® 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 approz.,ed
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 mercrec
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 01-
obligation pursuant to this Agreement or as a result of any alleged,
0
breach of any provision of this Agreement, the prevailing party
shall be entitled to recover its costs and expenses, including
reasonable attorneys 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
obligate, and inure to the benefit
of the parties hereto®
By:
Scott Sf'berg
Owner
(Title)
with the land and shall bind and
of, the successors and assigns
(TO BE NOTARIZED)
CITY OF DOWNEY
)XkT� 4LER�K, _Maria Alicia Duarte, CMC-
(SEAL)
By: ,Ty ATTORNEY
B'
MAYOR PRO TEM, Blanca Pacheco
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 Califor
County of rdk)S -
On �) Ck"�W t 0 Cbefore me,
(insert Ame and title of the o
personally appeared
s o f s be the person(s) whose name(s) is/are
who proved to me on the basi atisfactory evidence
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.
SINDY N. SOLI
0 COMM. #2211908
WITNESS my hand and official seal. Notary Public -California
Los Angeles
Los County x
Comm. 60res A� 24,2021
Signature(Seal)
I FIte
Quantity &
m No. Description
Unit Unit Price
Amount
1 Construct 4-inch thick PCC Sidewalk and Slab
500 SF F75 0
$3,750.00
2 Remove and Reconstruct PCC Curb and Two -Foot Gutter
150 LF $45.00
$6,750.00
3 Construct 2" Water meter service line, meter and meter box
1 EA'� $5,000.00 =
$5,000.00
4 Construct New 6-Inch PCC Commercial Driveway Approach and Slab
2 EA $3,800.00 =
$7,600.00
Subtotal =
$23,100.00
Labor and Materials (50%) =
$11,550.00
One-year Guarantee (5%) =
$1,155.00
Attorney and Inspection Fees =
$1,000.00
Total Estimate =1
$35,805.00
"I `7�11 1�11 "ill, 12liv:11 11-1111 1 1,
Telliff-rMe I I - I I I a 1. 11.
A6- DATE:
DATE:
- - -- - --------------
City of Dozmey
REFUNDABLE CASH DEPOSIT FORM
SECTION I. To be completed by department submitting a refundable cash deposit.
Name and Address of Depositor Phone
a 1
WCA O;t%j J�Owy"P� LV Amount
AIN ' Department
C
vW AvPurpose
'SU15j>1V1S1Q1J
CTUMMWITEE: TOM PAM61, V44f
NO' 82,4S-0
Sella. J"AMILA-bli I —AWN
SECTION 111. To be completed by Finance.
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Date Deposit Received.__.,,- By PJ—,VQ)q 11.� 'wrr,) Receipt #00,1
SECTION Ill. To be completed by Department requesting use of deposit.
i Use of Deposit
Amount Instructions
SECTION IV. To be completed by Finance.
TRANS.NO. VENDOR NO. INV. NO.
Authorized Signature
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