MU11111111101
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: EDWIN J. NORRIS, P.E., INTERIM DIRECTOR OF PUBLIC WORK;t
CITY ENGINEER
Q-UBJECT: APPROVAL OF FINAL PARCEL MAP NO. 74786 AND AGREEMENT FOR THE
CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS LOCATED AT 11613 ADENMOOR AVENUE
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING FINAL PARCEL MAP NO. 74786 AND AGREEMENT WITH
THE SUBDIVIDER FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC
IMPROVEMENTS
On November 2, 2022, the Planning Commission adopted Resolution No. 22-3193 approving Tentative Parcel Map No. 74786 for the future construction of a two -unit, two-story townhome project located at 11613 Aden,moor Avenue as shown in the attached location map (Attachment B). 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, and construction of two new concrete driveway approaches.
On February 15, 2023, the Planning Commission considered the Parcel Map and adopted a minute action recommending City Council approval of Final Parcel Map No 74786. The map has been checked and found to be technically correct per with the approved tentative subdivision map and in compliance with local codes and regulations.
Enclosed is a Resolution (Attachment A) of the City Council approving Final Parcel Map No. 74786 and an Agreement (Exhibit B of Attachment A) with the developer for the construction of the subdivision public improvements. Staff recommends the adoption of the attached resolution.
APPROVE TRACT MAP NO. 74786 — 11613 ADENMOOR AVENU'9
MARCH 14,2023
PAGE 2 1
-I &I a *01AIM:7-1191
There is no fiscal impact. All subdivision public improvements will be constructed as part of the development.
ATTACHMENTS
Attachment A — Resolution
Exhibit A — Parcel Map 74786
Exhibit B — Subdivision Improvement Agreement for Final Parcel Map No. 74786 Exhibit C — Cash Deposit for Parcel Map No. 74786 Off -Site Improvements Attachment B — Location Map
Attachment C — Planning Commission Memo dated 02-16-2023 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNE"IF APPROVING FINAL PARCEL MAP NO. 74786 AND AGREEMENT WITH
THE SUBDIVIDER FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC
IMPROVEMENTS
WHEREAS, on February 15, 2023 the Planning Commission considered Final Parcel Map No. 74786 (attached herein as Exhibit A) and adopted a minute action recommending City Council approval of said map; and
WHEREAS, the City Engineer and City Planner have reviewed the proposed Final Parcel Map and finds it to be technically correct and that all applicable Tentative Parcel Map conditions have been satisfied; and
WHEREAS, the City Council of the City of Downey approved a Subdivision Improvement Agreement (attached herein as Exhibit 13) between the City and the developer in connection with the above -identified subdivision.
WHEREAS, said agreement includes a Cash Deposit (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 Parcel Map No. 74786 attached hereto as Exhibit A is hereby approved.
SECTION 2. Direct the City Clerk to transmit the Final Parcel Map No. 74786 to the Los Angeles County Recorder' Office for recordation.
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CLAUDIA M. FROMETA, 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 14th day of March, 2023, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN,
Council Members,
LOT LHELI 1 G1 T:,
B449 S F PARCEL MAP No. 74786
IN THE CITY OF DOYNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIIASIGN OF A PORTION OF LOT "A" OF TRACT 6003 AS PER MAP RECORDED IN BOOK 69,
PAGE 90 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER Of SAID COUNTY
FOR CONDOMINIUM PURPOSES
OWNER'S STATEMENT:
WE HEREBY STATE THAT WE ARE THE DOWERS Or OR ARE INTERESTED IN THE LANDS
INCLUDED INTHIN THE SUMSION SHOWN OR THIS MAP WTHFIN THE DISTINCTIVE BORDER
MINES, AND WE CONSENT TO THE PREPARATION AND FUNG DF SAID MAP AND SUBI)PASION
KMH PARAMOUNT INVESTMENTS, ULC, A CALFORNIA UNTIED UQUTY COMPANY, OWNER SWAP, FOCKNOWED 1, OITAV
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CITY ENGINEER'S STATEMENT
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PARCEL MAP No. 74786
IN THE CITY OF DOWNEY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
FOR CONDOMMUM PURPOSES
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RECURUW1UWE-Q1t-S-F6T
CITY OF DOWNEY
CITY CLERK
City of Downey
Attn: City Clerk
11111 Brookshire Avenue
Downey, CA 90241
1011
DATE OF AGREEMENT:
NAME OF SUBDIVIDER: KMH P��ugy Investments. LLC
(Referred to as "SUBDIVIDER")
ffARCEL MAP NO.: 74786
(Referred to as "SUBDIVISION")
TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 22-3193
(Referred to as "Resolution of
Approval")
I Ell, jzM'1Mz=Rm I
DEPOSIT (IFAPPLICAB!Lrj-i I 9.00n M,
This Agreement is made and entered into by and between the CITY OF DOWNEY, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and KMH DOWNEY INVESTMENTS, LLC, whose business address is 11613 Adenmoor Avenue, Downey, CA 90242 Ig 1111 1 q
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A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivisi,49- map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State California and CITY's ordinances and regulations relating to the filing, approval, and recordation subdivision maps. The Subdivision Map Act and CITY's ordinances and regulations relating to t subdivision mav mcollectively referred to in this Agreement as tj- "Subdivision Laws". The SUBDIVIDER has an interest in the property which comprises the fin-M Subdivision Improvement Agreement - Final Map No. 74786 — 11613 Adenmoor Ave (3274213,3) Page I of 14
65186.00213\41067305.2
0 a2-11 k 8 10�0
B. A tentative map of the Subdivision has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on file in the Office of the City Clerk and is incorporated into this Agreement by reference.
C. The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (1) completed, in compliance with CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval, or (2) have entered into a secured agreement with CITY to complete the improvements and land development within a period of time D. In consideration of approval of a final map for the Subdivision by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work required by CITY in SUBDIVIDER has secured this A-91eement bp im%rovement
security required by the Subdivision Laws and approved by the City Attorney.
E. Complete Improvement Plans for the construction, installation, and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer on NIARCH 2025. The Improvement Plans for PARCEL MAP NO. 74786 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement
4.4w, I-V�y
by the City Engineer.
F. An estimate of the cost for construction of the public improvements and perfon-ning land development work in connection with the improvements according to the Improvement Plans has been made and had been approved by the City Engineer. The estimated amount is stated on Page I of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement.
G. CITY has adopted standards for the construction and installation of improvements within CITY. The Improvement Plans have been prepared in conformance with CITY standards in effect on the date of approval of the Resolution of Approval.
H. Prior to completion of the required improvements and their acceptance by CITY, it is necessary that certain monuments and stakes, as specified on the final map for the Subdivision, shall be installed and also that street signs be placed at intersections.
1. SUBDIVIDER recognizes that by approval of the final map for Subdivision, CITY has **wJ •M-vt-BVRnAithin
the Subdivision, and has taken the final act necessary to subdivide the property within the Subdivision.
As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER's obligation to commence construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and Subdivision Improvement Agreement - Final Map No. 74786 - 11613 Adenmoor Ave.docx (3274213.3) Page 2 of 14
65186.00213\41067305.2
law in the event • a • by SUBDIVIDER. It is specifically recognized that the determination • by the SUBDIVIDER shall be within the sole discretion of CITY.
NOW, THEREFORE, in consideration of the approval and recordation by the City Council of tv-P fi-FE �= —ZANTIZ11 _r�io#rcorated
herein and further .• as follows:
shall:
a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. b. Complete, at SUBDIVIDER's own expense, all the public improvement work required on the Tentative Map and Resolution of Approval in conformance with approved it •==$ 11`1 1' Ili , � � , il I a ITIFIR 1 1
IMPROVEMENT DEADLINE DATE
IMPROVEMENTS (Public):
Sidewalk Improvements MARCH 2025
Reconstruction of curb & gutter MARCH 2025
Reconstruction of Portland cement concrete driveway MARCH 2025 approaches
NOTE: All r• must be completed within 24 (twenty-four) months from the date of this Agreement.
SUBDIVIDER agrees that CITY may impose necessary changes to the scope of the improvement work if CITY determines that such changes are necessary and incidental to the successful completion and function of the improvements or required to meet CITY's standards.
C. Furnish the necessary materials for completion of the public • I? JgFFJ• •1111 11111i•rliql1pil 111•1111111111 -
• Acquire and dedicate, • pay the cost • acquisition by CITY, • all -troftertiYA for construction or installation of the xublic _m,,�,;nts and other interests in real,
improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with • •
shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also ri . ti
n T,-&Ifl T*1 •
Section 21 of this Agreement and complete the improvements by the deadline stated in Paragraph I above, unless a time extension is granted by the CITY as authorized in Section 21.
Subdivision Improvement Agreement - Final Map No. 74786 - 11613 Adenmoor Ave.docx t3274213.3) Page 3 of 14
65186.00213\41067305.2
f. Install all Subdivision monuments required by law prior to the
9. Install street name signs conforming to CITY standards. If permanent street name signs have not been installed before acceptance of the improvements by CITY, SUBDIVIDER shall install temporary street name signs according to such conditions as the City Engineer may require.
2. Aeguisition and Dedication of Easements ot- Rights -of -Way. If any of the public improvement and land development work contemplated by this Agreement is to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before:
a. The offer of dedication to CITY of appropriate rights -of -way, easements or other interest in real property, and appropriate authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights - of -way, easements or other interests in real property, as determined by the City Engineer, or C. The issuance by a court of competent jurisdiction pursuant to the St Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with t or
nt t o I h ]etta
S pects with
order of possession.
3. Securi!y. SUBDIVIDER shall at all times guarantee SUBDIVIDE required by the Subdivision Laws on forms approved by CITY for the purposes and in the amoun required by Downey Municipal Code Section 9942.1 and as follows: I a. To assure faithful performance of this Agreement in regard to said b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor, materials for the improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and
C. As provided in Section I O(a) below, SUBDIVIDER shall guarantee and warrant the work done pursuant to Section I of this Agreement for a period of one year after fing IFFAI M. lll!wl
.0 t4
or de-fe—Mivernateriaisr 1i7mTsffe-Zq= I 11al affifInt 1111 ...' 0 *1 t cc t I LCA cost of the improvements; and 11
d. SUBDIVIDER shall also furnish to CITY good and sufficient securi in the amount of 100% of the estimated cost of setting Subdivision monuments as stated previously this Agreement.
Subdivision Improvement Agreement - Final Map No. 74786 11613 Adenmoor Ave.docx (3274213.3) Page 4 of 14
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The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page I of this Agreement are incorporated of the security become insufficient for improvements required by this Agreement, SUBDIVIDER shall renew the security in an amount deemed sufficient by the City Engineer within ten (10) days after another approved security, the replacement shall be filed with the City Clerk and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacement security with the City Clerk, the former security may be released.
4. Alterations fq
a. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the T W v-im�exoveme"-
security given for faithful performance of this Agreement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. SUBDIVIDER shall construct the improvements in accordance with CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right public safety or welfare or comply with applicable State or Federal law or CITY zoning ordinances. If SUBDIVIDER requests and is granted an extension of time for completion of the improvements, CITY may apply the standards in effect at the time of the extension.
5. Observation of Construction. SUBDIVIDER shall at all times maintain wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final walk through by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the designated representative, determine that the work has been completed in accordance with this Agreement - then the Uri Engineer shall recommend acce%etance of the -icublic im%orovements to the CiLy accey-ted unless all asyects of the work have been determined shall bear all costs of the CITY observation of construction.
6. 'Release of Securities, The securities required by this Agreement shall be released as follows:
Subdivision Improvement Agreement - Final Map No. 74786 — 11613 Adenmoor Ave.docx (3274213.3) Page 5 of 14
65186.00213\41067305.2
a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the b. Security given to secure payment to the contractor, his or her subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom lien have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the security. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.
C. No security given for the guarantee or warranty of work shall be released until the expiration of the Warranty Period and until any and all claims filed during the warranty period have been settled. As provided in Paragraph 10, the Warranty Period shall not commence until final on
the next available City Council meeting for purposes of release of the balance of any and all remaining funds.
d. CITY may retain from any security released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees.
7. InjuLl to Public ImprovementS,_Publig Proper!yi or Publiolmifies "kilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed by reason of any work done under this Agreement, whether such property is owned by the United States or AT1F&-tr-F 1[r.XXIf or the State of California. or i it�ifvgehwns es4rugiYogs -i by CITY INK 1
or any public or private utility corporation or by any combination of such owners. Any repair or replacement shall be to the reasonable satisfaction, and subject to the reasonable approval, of the City 3=
?. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, ensure that his/her contractors obtain all necessary permits and licenses for the construction and installation of the improvements, give all necessary notices and pay all fees and taxes required by law.
9. Defitult of SUDfflAM.
a. Default of SUBDIVIDER shall include, but not be limited to, M4V-J1V21,1F—qk f?ilyr@kA cement,,
SUBDIVIDER's failure to timely cure any defect in the improvements; SUBDIVIDER's failure to 1jerform substantial construction work for a period of 20 calendar days after commencement of the work; ,S-J LM 11 —IV-1 - I I F oD tjisgnt nF a receiver,•r the filing, of anV •etition in ther .rF
Subdivision Improvement Agreement - Final Map No. 74786 -- 11613 Adenmoor Ave.docx (3274213.3) Page 6 of 14
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-1441i'l I JkLryr-1,-r-yff 'I TY
in lieu orin avoidance
of foreclosure; or SUBDIVIDER's failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the required improvements. The sums provided by the improvement security may be used by CITY for the completion of the public improvements in accordance with the improvement plans and specifications contained herein.
In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation 20 days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY.
CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDERs surety shall be liable to CITY for any excess cost or damages -with-QuLE&M Ap for so doing_makllakiLLtossession
of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for the performance of the work.
C. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by this subsection c. is in addition to and not in lieu of other remedies available to CITY. discretion of CITY.
d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorneys' fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER.
10. Warranty.
Subdivision Improvement Agreement - Final Map No. 74786- 11613 Adenmoor Ave.docx (3274213.31 Page 7 of 14
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a. As provided in Section 3(c) above, SUBDIVIDER shall guarantee or warTanty the work done pursuant to Section I of this Agreement through the expiration of the Warranty Period. If within the Warranty Period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. SUBDIVIDER further acknowledges and understands within the Warranty Period as the project is accepted as final, SUBDIVIDER will bear the total responsibility for all repair and/or replacement of the improvements as installed, reserving to SUBDIVIDER the right of recourse or indemnity against any third party who causes damage to such improvements. Should SUBDIVIDER CITY's option, to perforrn the work 20 days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that an urgency requires repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform the necessary work and SUBDIVIDER shall pay to CITY the cost of such repairs. b. SUBDIVIDER's warranty shall include the responsibility for the maintenance of landscaping improvements installed pursuant to Section I of this Agreement.
SUBDIVIDER shall provide on -going maintenance of landscape improvements installed pursuant to Section I of this Agreement for the Warranty Period. The responsibility for the maintenance of landscape improvements shall include, but not be limited to, the repair, replacement or replanting of any landscaping of deteriorating condition as directed by the City Maintenance Services Superintendent.
11. ���R Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDEWs obligations under this Agreement.
12. Ipju_q to %1*k�. Until such time as the improvements are accepted by CITY, SJUV-311VITE-R
or installed. Until such time as all improvements required by this Agreement are fully completed and 4X'r-All ' � _WFFX_SXBDIV1DER will be resf%onsible for the care . maintenance of and anrA damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of the cause, happening or occurring to the work or improvements specified in this Agreement prior to the completion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.
13. Other AgivgingnU. Nothing contained in this Agreement shall preclude CITY N�ow: eyne 44gwo-fies Dursuartt to aureements concurrentiv or t)reviouslv executed between the oarties.
Subdivision Improvement Agreement - Final Map No. 74786 -11 11613 Adenmoor Ave.docx (3274213.3) Page 8 of 14
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*r &sg iAti% zgreemeAts witk*tker sv4tiviicfirtke *fumteT-?xtKPM= mains, or other improvements, pursuant to the provisions of CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment.
14. SUBDIVIDEWs Obligat on to Warn Public During "Structtotl� Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the pr4a-uh=4rayit vmq im rjty;vuy-v*f 4,kivf
actions to protect the public from such dangerous condition.
15. Vesting of QMj1ff§kV. SUBDIVIDER warrants that it has an interest in the real property that comprises the Subject Final Map. Upon acceptance of the work on behalf of CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY.
16. Kinal AccepjanM 2f IVoik. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommendation of the City Engineer after final completion of all improvements. The City Council shall act upon the Engineer's recommendation within 30 days from the date the City Engineer notifies the City Council that the work has been finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY.
17. lndemnihffl�ld 11arntless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement. SUBDIVIDER further agrees to protect, indemnify, and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction or both of the improvements. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction or both of said Subdivision, and the public improvements as provided herein, and in addition, injuries to adjacent property owners as a consequence of the diversion of waters from the design or construction or both of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Subdivision or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or maps, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular improvement design was dangerous or defective and and effect for 10 years following the final acceptance by the CITY of the improvements, It is the intent Subdivision Improvement Agreement - Final Map No. 74786 — 11613 Adenmoor Ave,docx 13274213.3) Page 9 of 14
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of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the improvements installed or work done pursuant to this Agreement and that the City shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or tT 4�q
The improvement security shall not be required to cover the provisions of this paragraph. The requirements as to the types and limits to be maintained by SUBDIVIDER, and any approval of such insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by SUBDIVIDER pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
18. Before commencing performance under this Agreement, and at all other times .-i insurance in Lhe tW— e and coverage
limits, and other requirements, required by the CITY.
19. SaIg or Disposition of Stobdivigion. Sale or other disposition of this property will not relieve SUBDIVIDER from the obligations set forth herein. SUBDIVIDER agrees to notify CITY in writing at least 30 days in advance of any actual or pending sale or other disposition of the property. If SUBDIVIDER sells the property or any portion of the property within the Subdivision to any other person, SUBDIVIDER may request a novatiOD of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER.
20. TJmeW1hM1$1M. Time is of the essence of this Agreement.
21. 11jiLe lbe Cbiqiiien&mqnt of Work/Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than nine (9) months prior to the time for completion. In the event SUBDIVIDER is unable to complete the line shall be submitted to the Cit�—v
this Agreement. If an extension of the deadline is allowed, the City Council may require additional securities, including, but not limited to, forfeitable cash deposits, to guarantee construction of the public improvements by the extended deadline. The City Council shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by a preventing construction (a or by storm or inclement weather which prohibits the good cause for an extension of the time for completion. As a condition of such extension, the City Manager may require SUBDIVIDER to furnish new security guaranteeing performance of this Subdivision Improvement Agreement - Final Map No. 74786 — 11613 Adenmoor Ave.docx (3274213.3) Page 10 of 14
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Agreement as extended in an increased amount as necessary to compensate for any increase construction costs as reasonably determined by the City Engineer.
22. No Wsting of Rights. Performance by SUBDIVIDER of this Agreement sh ren "M
23. Np�. All notices required or provided for under this Agreement shall be in . . . . . . rim
"Illy TWIVAR i7wr-T' ME
Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with CITY:
CITY: City of Downey
Public Works Department
11 I I I Brookshire Avenue
Downey, CA 93446
Attention: Edwin J. Norris, Interim Director of Public Works SUBDIVIDER: KMH Downey Investments, LLC
11613 Adenmoor Avenue
Downey, CA 90242
Attention: Mohammed I. Azzam, Owner
24. The provisions of this Agreement are severable. If any portion of --,�,IiIL,tA#tf.&wneteni�urisdiction, the remainder of the A eement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.
25. LaplWo. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this Agreement.
26. !Atigafidn to) At�bjtration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees.
27. Incorporation Of Recitals. The Recitals to this Agreement are hereby incorporated into the terms of this Agreement.
28. Entim Agivement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of CITY, the appropriate party shall be the City Manager.
Subdivision Improvement Agreement - Final Map No. 74786 1-1- 11613 Adenmoor Ave.docx (32742133) Page 11 of 14
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SUBDIVIDER:
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CITY OF DOWNEY
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Mayor, Claudia M. Frometa
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By:
Date:
Subdivision Improvement Agreement - Final Map No. 74786 _ 11613 Ademnoor Ave,doex (3274213.3) Page 12 of 14
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and Performing Land Development Work
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FILE/CASE: PARCEL MAP NO. 74786
LOCATION: 11613ADENMOOR AVENUE
Item No. I Description
i Construct 4-inch thick by 4-foot wide PCC Sidewalk and Slab 2 Remove and Reconstruct PCC Curb and Two -Foot Gutter
Quantity &
Unit Unit Price Amount
260 SF $11.00 = $2,860.00
50 LF $69.00 $3,450.00
3 Construct New 4-Inch PCC Commercial Driveway Approach and Slab 240 SF 1 $15.00 Subtotal
Labor and Materials (50%)
One-year Guarantee (5%)
Attorney and Inspection Fees =
Total Estimate =
. I
DATE: 13
ME:
6 __1
QN 4 Downey
j'FE"AJ_n4RLJE_Q4SY nEPOSIT FOR
SECTION I. To be completed by department submitting a refundable cash deposit.
Name and Address of Depositor Phone
Amount
Department fit' t
4000 SSPuLe'DK SjxM. sviiVE 14tc) Purpose
C,ULvrz& SAWMION 01IFF-SIT6 Cr4JINRAt'ifee
IF09-
phixcEu t4pse IHIB6
C-ECTION Ill. To be completed by Finance.
Date Deposit Received-
M-1
Use of Deposit
Amount Instructio
SECTION IV. To be completed by Finance,
TRANS.NO. VENDOR NO, INV. NO.
Receipt #_
WTITMMMM•.
MTv_=TMT_4 •
DESCRIPTION
:91MMM VITO*=
'Isse 0 tf - Av I
Section I complete ie Finance is
be� sent 40 the Finance vvisi n. Thd WNW copy may -be retained by the department for its file. EXHIBIT C
C4VdVowney
DATE: February 16, 2023
TO: Brian Aleman, Assistant Civil Engineer I
A
FROM: Abraham Luna, Assistant Planne*—
SUBJECT: Final Tract Map No, 74786
011 In -71-lemk% 0