TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: SEPTEMBER 12, 2023
SUBJECT: APPROVAL OF FINAL TRACT MAP NO. 82282 AND AGREEMENT FOR THE
CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS LOCATED AT 10221 —10303 DOWNEY AVENUE
EXECUTIVE SUMMARY
The City Council will consider adopting a resolution for the approval of Final Tract Map No. 82282 and an agreement with the developer for the construction of public improvements related to a 12-unit condominium project located at 10221 - 10303 Downey Avenue. These improvements include the upgrade of substandard sidewalks, curb and gutter, a parkway drain, and driveway approaches.
RECOMMENDATION
That the City Council:
Adopt Resolution 23-8191, approving Final Tract Map No. 82282 and agreement with the subdivider for the construction of subdivision public improvements.
I_[S]11101: 11101
On August 18, 2021, the Planning Commission adopted Resolution No. 20-00110 approving Tentative Tract Map No. 82282 for the future construction of a 12-unit condominium project located at 10221 - 10303 Downey Avenue as shown in the attached location map (Attachment B). As part of the conditions of approval for this development, the applicant is responsible for upgrading public right-of-way to current City standards and Americans with Disabilities Act (ADA) standards. The required public improvements associated with the proposed subdivision include, but are not limited to, the removal and reconstruction of substandard sidewalks, curb and gutter; construction of a new parkway drain; removal of two existing driveway approaches; and construction of a new concrete driveway approach.
On August 2, 2023, the Planning Commission considered the Final Parcel Map and adopted a minute action recommending City Council approval of Final Parcel Map No. 82282.
APPROVE TRACT MAP NO. 82282 - 10221 - 10303 DOWNEY AVENUE SEPTEMBER 12, 2023
PAGE 2
ANALYSIS
The map has been checked and found to be technically correct per the approved tentative subdivision map and is in compliance with local codes and regulations. The Tract Map needs to be approved and recorded with the County for the developer to begin pulling permits and ultimately commence construction. Enclosed is Resolution 23-8191 (Attachment A) of the City Council approving Final Tract Map No. 82282 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.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
Attachment A — Resolution 23-8191
Exhibit A — Tract Map 82282
Exhibit B — Subdivision Improvement Agreement for Final Tract Map No. 82282 Exhibit C — Cash Deposit for Tract Map No. 82282 Off -Site Improvements Attachment B — Location Map
Attachment C — Planning Commission Memo dated 08-02-2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING FINAL TRACT MAP NO. 82282 AND AGREEMENT WITH
THE SUBDIVIDER FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC
IMPROVEMENTS
WHEREAS, on August 2, 2023 the Planning Commission considered Final Tract Map No. 82282 (attached herein as Exhibit A) and adopted a minute action recommending City Council approval of said map; and
WHEREAS, the City Engineer and City Planner have reviewed the proposed Final Tract Map and finds it to be technically correct and that all applicable Tentative Tract Map conditions have been satisfied; and
WHEREAS, the City Council of the City of Downey approved a Subdivision Improvement Agreement (attached herein as Exhibit B) between the City and the developer in connection with the above -identified subdivision.
WHEREAS, said agreement includes a Faithful 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. 82282 attached hereto as Exhibit A is hereby approved.
SECTION 2. Direct the City Clerk to transmit the Final Parcel Map No. 82282 to the Los Angeles County Recorder' Office for recordation.
SECTION 3. That City Clerk shall certify to the adoption of this Resolution.
ATTACHMENT A
RESO NO.
PAGE 2
APPROVED AND ADOPTED this 12th day of September 2023.
CLAUDIA M. FROMETA, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC, City Clerk
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 12th day of September, 2023, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
MARIA ALICIA DUARTE, CMC, City Clerk
RESO NO.
PAGE 3
1 LOT SHEET 1 OF 3 SHEETS
38,700 SQ. FT. GROSS
30,083 SO. FT, NET TRACT NO. 82882
IN THE CITY OF DOWNEY
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF LOT 2 IN BLOCK A OF TRACT NO. 212, AS PER MAP RECORDED IN BOOK 14, PACES 54 AND 55 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY,
FOR CONDOMNIUM PURPOSES
OWNER'S STATEMENT:
SURVEYOR'S STATEMENT'.
AS HENDRY STATE THAT WE ARE THE OWNERS OF OR ARE IN70ESM IN THE
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A
LANDS INCLUDED WITHIN TIME SURDIMPROR SHOW ON ITHS MAP WITHIN THE
FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP
SSIONCTIVE BORDER LINES, AND WE CONSENT TO THE PREPARATION AND
ACT AND LOCAL ORDINANCE AT THIS REDDEST OF HONORS LLC, AND CHEARY AVENUE HUNG Or SAID MAP AND SUBDIRROPL,
UP ON MARDI 16, 2017� 1 MOSSY STATE THAT THIS TRACT MAP
WE HEAMY SITUATE TO THE PUBLIC USE ALL SPIRITS, HIGHWAYS, AND SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATNE MAP; THAT
ALL THE MOMUIMNTS ARE OF THE CHARACTER AND OCCUPY THE POSMONS OTHER PUBLIC WAYS 940VN ON SAO MAP
PRIMA7M AND THAT SAID MONUMENTS ARE SUFFICIENT To ENABLE THE SURVEY TO
BE RETRACES, THAT TEE PKIIIES FOR ALL GEE LINE MONUMENTS AND FOR ALL "ONOR% LLC4 A CALIFORNIA UNITED LJABRJTY COWAKY AND
CENTERLINE TIE MONUMENTS MLL BE ON FILE IN THE OFFICE OF THE LOS ARROWS COUNTY SURVEYOR WITHIN TWELVE MONTHS FROM THE FlUNG DATE SHOWN HEREGN. 04EMY AVENUE ONE, LP, A CALIFORNIA UM17ED PARTNERSHIP (OWNERS) 4 BY. aw —
�!' -"' " as y
WN=4!m
MAN
ALFRIV ' THN-WEDATE
WELL
Us 49094, asss
MANAGER
MANAGER OF MCAEFERT SIERRA LUN
q IFY ENGINEER'S QER-ItITCATE�
GENERAL PAR BAM OF CHERRY AVENUE ONE, LP
I HEREBY CERTIFY THAT I HAVE EXAMINED TEAS MAP; THAT IT CONFORMS NOTARY ACKNOWLEDGMENT:
SUBSTANTIALLY TO THE TENTATIVE MAP AM ALL APPROVED ALTERATIONS THEREOF; THAT ALL PR Of SUBDIVISION ORDINANCES OF THE CITY
OF DOWNEY APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HER OFFICER COMPLETION THIS CAN ""CATE
HAVE BEEN COMPUED "Ot THAT ALL PROVISIONS OF SUBDIVISION MAP ACT IF INDIVIDUAL WHO "RED THE D.T 'tRl
SECTION 66442 (a) (11 (2) AND (3) HAYS:BEEN COMPUED, WITH.
IONED, AND NOT THE TRUTHFULNESS, ACCURACY, OR
DATES
STATE OF C A
wmlyzm
BEFORE ME,
ON 2AMA�h—
MAT HEW BAUMGAR DNIS�'—P.E,
DIRECTOR OF AUBUD WORKS/CUY ENGINEER
FAST I,, PERSONALLY APPEARED
RCE M 71932DOMM OECEMBER 31, 2023
PROVED
TO ME ON THE BASIS OP BAR T—MWHO iXWE70 BE THE PERSON(A) CONTRACT CITY SURVEYOR'S CERTIFICATE:
WHOSE NAMEA IS/, SUBSCRIBED TO THE WITHIN NSIMA84T ADD
SAME IN
ACKNOWLEDGED TO ME T14AT HE4:1(/*
I HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT
HIS FRS
NC
IM :f
IT OONFORMS WITH MAPPWO PROVISIONS OF THE MAP ACT AND
THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.
X
THE PER (4 OR THE E/40/1REERNTITY UPON
BEHALF OF WHICH THE PERSON(M ACTED, EXECUTED THE INSTRUMENT DAM L
1 CERTIFY UNDER PENALTY OF PERJURY INDEX THE LAWS OF THE STATE OF40
CALIFORNIA THAT THE FOREGOING PARACRAPH IS TRUE AND CORRECT, 0 ASK, SEA
WITNESS MY HAND
DAIAD O. KNELL L& 1 630
SCHA
CITY RU"VFYUE OF THE CITY 'I
L
FORM NAME
SPECIAL ASSESSMENTS CERTIFICATE.
MY COMMISSION NUM
I HEREBY CERTIFY THAT ALL SPECIAL ASSESSMENTS UEVIED UNDER THE
MY COMMISSION ES
j)DISSIC'nom OF THE CITY OF DOANEY M WHICH THE LAND INCLUDED IN THE FILDSINEZ 19 IN
BDP
WITHIN THIS SUASON OR ANY PART THEATEM IS SURIECT, AND *OCR Z aziwCOUNTY
MAY BE PAID W FULL HAVE SEEN FIND IN FULL.
SEE MORE NOTARY ACKNOWLEDGMENT ON SHEET 2.
DATED
SIGNATURE OMISSION NOTES:
CITY TREASURER - CITY OF SURREY
THE.- A. OF THE PARTIES NAMED HEREINAFTER AS OWNERS OF THE INTEREST SET FORT14 HAVE BUN OMITTED UNDER THE PROVISIONS OF THE CITY CLERK'S CERTIFICATE:
SUBDIVISION MAP ACT SECRON 86436 (a) 3A (I-00, AS THEIR INIEREST IS I
SUCH THAT T CANNOT RISEN WID A rM TITLE AND SAID 99NATURES ARE
NOT REQUIRED BY THE LOCAL AGENCY,
I HEREBY CERTIFY THAT THE 01Y COUNCIL OF CITY OF DOWNEY BY MAY PASSED ON — , 2D®„ APPROVED THE ATTACHED
SOUTHERN CALJFOFNA EDISON COMPANY, A CORPORATION. HOLDS OF AN
MAP AND ACCEPTED ON BEHALF OF THE PUBLIC, THE DEDICATIONS OF $TERM HPGHWAM AND TIMES PUBLIC WAYS iI6iPI ON SAM MAP.
EASEMENT fOR ELECTRIC LINE RECORDED AUGUST M 1960 AS INSTERAMENT NO. 332Z OF OFFICIAL RECORDS.. RECORDS OF SAID COUNTt
BASED
SOUTHERN CAUFOWA EDISON COMPANY, A CORPORARON HEADER OF AN EASEMENT FOR ELECTRIC LINE RECORDED FEBRUARY IA. li52 N BOOK 30253 GE PA391, OF OFFICIAL RCCORDS, RECORDS OF SAID COUNTY.
CITY OF ROWNEY HOLDER OF AN EASEMENT FOR PUBUC ROAD AND HIGHWAY MARTA ALICIA DUARTE, Cmc
aly OF ROMNEY
PURPOSES P�i MAY 18, 1965 AS INSTRUMENT 010. 2997, M OFFICIAL ,CITY
RECORD% RECORDS OF SAID COUNTY.
CITY Of DOWNEY, HOLDER OF AN EASEMENT FOR PHONE ROAD AND "KHWAY PURPOSES RECORDED MAY I I MISS AS INSTRUMENT NO. 300t OF OFFICIAL
I NEARBY CERTIFY THAT SECURITY IN THE AMOUNT OF S HAS
RECORM RECORDS OF SAID ODUNTY.
BEEN Fp_EU " THE EXECUTIVE OFFICER, BOARD OF SH VISCRIS OP IN PER c
COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYMENT OFT AND
SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAW SHOWN ON MAP OF THE SIGNATURE OF STANDARD OIL COMPANY OF CALIFORNIA, A COMPGRADK*L TRACT NO. 8=2 AS SEQUINS BY LAW,
HOU" Or AN EASEMENT FOR LESSEE RIGHTS TO PETROLEUM, GAS,
ASPHALTUM AND OTHER HYDROCARBOGS, AND OTHER MINERALS BY EXECUTIVE OFFICER, BOARD Or SUPERVISORS OF
DOCUMENTS PECLUDGENT URLY S, 1952, AS IN NO, .3747 AND AUGUST
THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
10. 1962 AS INSTRUMENT NO, 3333, BOTH OFFICIAL WCOROS, RECORDS OF
LOS ANGELES COUNTY, HAVE BEEN OMITTED UNDER THE PROVISIONS OF THE SURDITIMSION MAP ACT SECILON �nd (3C) ' AS THEIR INTEREST IS SUCH
THAT IT CANNOT RIPEN INTO A AM SAID SIGNATURES ARE NOT
BY
REQUIRED BY THE LOCAL AGENCY
DmTy
CONDOMINIUM NOTE:
GAS SUBMISSION IS APPROVED AS A CONOOMMUM PROTECT FOR 12 UNITS,
I HEREELY CERTIFY THAT ALL CERTIFICATES HAVE BEEN PILED AND DEPOSITS HAVE BEEN MADE THAT ARE REWIRED UNDER THE PROVISIONS of SECTIONS WHIRERAY THE OWNERS, OF THE UNITS OF AIR SPACE WELL HOLD AN UN"DEO
INTEREST IN THE COMMON AREAS NOW LIMIT, ID TURN ' PROVIDE JHE 66492 AND 0493 OF THE SUBDIVISION MAP ACT.NECESSARY
ACCEPLS ADD UTRITY EASEMENTS FOR THE UNITS.
WQI.ETn BOARD OF SUPER OF
ARGUES, STATE OF CAL FINA
By
DEPUTY DATE
RESO NO.
PAGE 4
TRACT NO. 82882
SHEET 2 OF 3 SHEETS
IN THE CITY OF DOWNEY
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
FOR CONDOMMUM PURPOSES
NOTARY ACXNOWLEDGMENT�
-MR OM CER COMPLETM n
W IMMMUAL WHO SKNO THE T TO N9iBCH
DIED AND NOT THE TRUTH
UAL4OiTY'' THAT ENT.
STATE
-c6MsAm
1&--0M-- BEFORE ME,-Z�
�Tllll �RUIIUC, �"111Y APPEASED
TO ME ON IM SAW OF SATISFACTORY EVIDENCE TO BE THE PERSONJO FRS1W
1 CMRTWY ORDER PENALTY OF PMJJRY LINDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOINQ PARAORAPH IS TRUE ANO, CORRECT. "ESS MY HAND
SICNATU
PRINTED NAME
MY COMMIS" NUM:
My OOMML cr NORI EM
BUSINESS fs IN
/EEl
SET L&T GNP
L&T LS 69"
ON TOP WALL
ON TOP OF WALI-
Nsomwww 240,00'
A/
20MOO
O.W I..L
9 9
3a,M $0, FT. GROSS
V
SET L&T LS 59"
ON TOP OF WALL
2=00'
l'w
SET URT Ls 6999
ON TOP UP WALL
RESO NO.
PAGE 5
SCALE I"=30TRACT NO82882 SHEET 3 OF 3 SHEETS
.
IN THE CITY OF DOWNEY LEaEND:
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA INDICATES THE BOUNDARY OF THE LAND BENG SUMVIDED BY INS MAP.
FOR CONDOMINIUM PURPOSES 1& 6' WOE EASEMENT OF SOUTHERN CALIFORNIA MON OOMPANY FOR ELECTRIC LINE NEC. S/15/1960 AS
INSTRUMENT NO. 332Z 0.8,
CURVE TABLE V WOE EASEMENT OF SOUTHERN CALIFORNIA EMON
70-57E _RAMlUSrL'..T' FOCITA COMPANY FOR ELECTRIC LINE NEC. 2/14/1252, IN DOES THE BEARINGS SHOWN HMREC94 ARE BASED ON THE CI I ISOG' 1 23.63' 1 901510' 1 38253 PACE 391, OR, BEARING N59'05'35W OF THE CENIERUNE OF FLORENCE C2 I movi 39m In q9) 15' WOE EASEMENT DF CITY OF DOWNEY FOR PUBLIC IN i-lv 910 ROAD AND HIGHWAY PURPOSES BUD, 5/18/1985 AS AVENUE AS SHOWN ON TRACT NO, 1661% RECORDED '00' 44NMV
BOOK 383, PACE 30, OF MAPS, RECORDS OF SAID INSTRUMENT NO. 2997, DUE. 0"Ty IV AIDE EASEMENT OF CITY CIT DOWNEY FOR PUBUC
ROAD AND HIGHWAY PURPOSES REC. 5A811965 AS
LINE TASd,E NSMM0411 Am Am, O'R.
ED. Schur FLUSH, INSTRUMENT NO. 20170250678• REC3/3/2017, O,R, 4�4 STAMPED LA CO DPWLs NeT INSTRUMENT $0, 20170250INS& REQ 3/3/2017, O.k PER 4k 00- PWFO 0924,
ED 782. SET S&W STAMM
LS 6999 PETER PAIANGTITS
4 ED, TIES PER SAE) FEL
FD. SMALL PK IN ULU Or 44 Fb� ON S&W STAMPED
S&W PER L.A. = HEAR LS 64% HIS 5 FD. OUR
0924 PO. 206. !ET CL INTERSECTION
T.= -A-16Z A -IS&
FIX SMALL PK. FITEI 2 FEL a FO SMALL Poi ESTAS. BY REC. M 4 PROD PC (5,W) FROM
PER CITY SCARIFY OF SFYY UNF OF LOT L PER
cL monstcDON, RE DOW24 L.A.k OD, PINES
TO. 140 Ifialk N.B.MlL 303 PC, 38. , 796 & 799, FD, PIK PER L.A.
A-1044 A -TB -A fl).2 TIES ESTAEL-BY NEC, DIS'L (235.W) SET S&W STAMPED CO, DIMES 0924 NO REF. Ls 5999 AFTER PAVING,
FROM FD� PK PER PAID MAP- pr� 798 & '794L
SET S&W STAMPED
FLORENCE A VENUE 404:91' LS 6999 AND 4
.3 L&T TIES TACGE15
4- - -
B40,66' 89.92, 2=w Ls 6999.
N59 '351w, NVLY LINE OF LOT 1, '6 B ACT No, 21Z
FURRIERY SVLY LIKE
OF FLORENCE AV04UL
KING NVLY LINE OF TR..
NSSM5'35W M.D. 383/36, 295,137'
F-D 'KC ED LE LE
L I " - A -SIB
184-93'
40'
E, 3Y ____�SE'LY L94E Of LOTS 4 AND 9,
NWLY LINE OF LOTS 3, 912, Tk NO. ISISUL N.B. 383/38. SrLY USE OF LOTS Igg -
AND 14, IN, Na 1661k ESTAS. PAR AUAWYN UL DOWNEY TO 5, INCLUmvE, N.B. 383/36. AVENUE AND 21,&OW TO THE WELT BLOCK & TN. NO. 212, ROW ONE OF SAID STREET PER SAID MAP. M.S. 14/54-55.
NOT A PART OF NOT A PART OF
SILT COR, OF LOT 1, pa
THIS SUBDIIASION THIS SUBDIVISION BLOCK A, TR, NO, 212, .6 9 N.S. 14/54-55 PER 7R.
BWG.'( LINE OF LOT 9, TR.
No. mls, ma m3/3a
HE Y USE OF LOT 2, BLS A.
THROUGH SELY Wk. OF NO, 21Z M,A 14/54-55 PER
NO. 16618, M,a, 30/M, SrLY COP. OF L
ESTAR. BY NEC. ANGLE
RHO LOT 9 PER SAD MAP. ESTAB, REC. (lem TR. NO.
ISSUE M'a 393/38,
889LINO NELY UK OF LOT Z PER AND M ACCEPTED AS NV4Y UK OF cm"CK I U, NO, Sm Mm THE LAND DESG, 94 DESOk
LOT 9 TO
363/35
0' T. cv
I AP
/30 14/54-55 PER M.8, 383 215.00 --
�14
_!Lswonew 200,00'
T,
I BE DETAIL 'A'
SEE DETAIL T '2-A 2, ON SHkWT 0,
ON SHEE-/
15' 21�5' 9
04 NOT A PART OF i z
T-4 MT
THIS SUBMVISION I _ 6orod- -ill
TR.
No, 212_ 4/54-5& AND FIRE LANE T�
ACC07M IS Ly ONE or - - - - - - - - - -
BwmI N59-05-'W 152.13'
E7 IN 35 30
M LAND BE 30,0e3 SO FF. NET
ol
Z.E'Ll USE OF SWLY 20' OF LOT Z 15' 1 25'
OLOCK A, ITT. NO. 212, M.S. 14/54-SA
-b Ell
SEE DETAIL 'X'
ON SHEET 2,
6 SIDE DIM 'A'
ON SHEET 2
200.00' w
N59,w3ww 2m406,52' -
FM SWW OR D,2 ILLEG 5,ow -
FITS ALL FD, TIES PER CITY 'LY PROUNNOATION OF b ca
BONNEY C.L.ITLY LINE OF LOT 12, TIT
TIE BOOK T-43A. ACCEPTED NO- 16618, WE :3L38. SWLY LINE Of LOT 12, AS INTERSECTION OF C.L.LP WAR, BY RED. M Na 16614, M,B, 380/38.
RENA AVENUE AND SWLY LINE PER SAID MAP. BEING 9RTY ACCEPTED AS SVLY WNE OF
OF LOT IZ TO -
No. 16618, LINE Of LOT z BLOCK A, THE LAND DESC, IN DFVD- N
-B, 3013a TR. NO. ZZ N.B. T4/5455, FIT. GEAR
STAMPED LS 5481
4 11
IN UEU OF S&T PER RL NO, 29627,
mz. 743/00t
WHEN RECORDED RETURN TO:
PUBLIC WORKS DEPARTMENT
CITY OF DOWNEY
I I I I I Brookshire Avenue
DOWNEY, CA 90241
FOR RECORDER USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREEMENT:
NAME OF SUBDIVIDER: Honors, LLC and Cherry Avenue One. LP (Referred to as "SUBDIVIDER")
TRACT MAP NO.: 82282
(Referred to as "SUBDIVISION")
TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 20-00I10
(Referred to as "Resolution otApproval")
ESTIMATED TOTAL COST OF IMPROVEMENTS: S 208,000.00 (Two -Hundred Eight Thousand Dollars)
MONUMENTATION: (included above)
SURETY (IFAPPLICABLE): Arch Insurance Company
BONDS (IF APPLICABLE): SU&106867-0000
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 HONORS, LLC AND CHERRY AVENUE ONE, LP, whose business address is 10221 & 10303 Downey Avenue, Downey, CA 90241 (hereinafter referred to as "SUBDIVIDER").
RECITALS
A. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and CITY's ordinances and regulations relating to the filing, approval, and recordation of subdivision maps. The Subdivision Map Act and CITY's ordinances and regulations relating to the filing, approval, and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws". The SUBDIVIDER has an interest in the property which comprises the final subdivision map.
Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av {3274213.3) Page 1 of 15
65186.00213 r441067305.2
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 specified by CITY.
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 connection with the proposed Subdivision. SUBDIVIDER has secured this Agreement by improvement 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 by DECEMBER 2023. The Improvement Plans for TRACT MAP NO. 82282 are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer.
F. An estimate of the cost for construction of the public improvements and performing 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 1 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.
I. SUBDIVIDER recognizes that by approval of the final map for Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within 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 Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av 13274213.31 Page 2 of 15
6 518 6.00213141067305.2
this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default 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 the final map of the Subdivision, SUBDIVIDER and CITY agree that the above recitals are incorporated herein and further agree as follows:
I. SUBDIVIDER's Obligations to Construct Improvements. SUBDIVIDER 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 Improvement Plans and the CITY standards as follows:
IMPROVEMENT
IMPROVEMENTS (Public):
Sidewalk Improvements
Reconstruction of curb & gutter
Reconstruction of Portland cement concrete driveways
Grading of Right -of -Way
Underground Utilities Installation
Storm Drainage Installation
Water Services, Meters & Meter Boxes
Sewer Main Lateral & Detention Basin
Street Improvements
Street Trees
Drive Approach
Landscaping and Irrigation
DEADLINE DATE
DULY 2025
JULY 2025
JULY 2025
PAY 2025
JULY 2025
JULY 2025
JULY 2025
JULY 2025
JULY 2025
JULY 2025
JULY 2025
DULY 2025
NOTE: All improvements 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 improvements in conformity with the Improvement Plans and CITY standards. d. Acquire and dedicate, or pay the cost of acquisition by CITY, of all rights -of -way, easements and other interests in real property for construction or installation of the public improvements,. free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off -site rights -of -way, easements, and other interests in real Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av (3274213.3) Page 3 of 15
6 5 l 8 6.002 l 314106 7305.2
property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or authorization to accommodate the Subdivision.
e. Commence construction of the improvements by the time established in Section 21 of this Agreement and complete the improvements by the deadline stated in Paragraph 1(b) above, unless a time extension is granted by the CITY as authorized in Section 21. f. Install all Subdivision monuments required by law prior to the completion and acceptance of the public improvements by CITY. g. 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. Acquisition and Dedication of Easements or 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 State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with the order of possession.
3. Securitv. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts required by Downey Municipal Code Section 9942.1 and as follows:
a. To assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements; and 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 10(a) below, SUBDIVIDER shall guarantee and warrant the work done pursuant to Section 1 of this Agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av 13274213.3} Page 4 of 15
6518 6.00213141067305.2
done or defective materials furnished (the "Warranty Period") in the additional amount of 10% of the estimated cost of the improvements; and
d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting Subdivision monuments as stated previously in this Agreement.
The securities required by this Agreement shall be kept on file with the City Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agreement by this reference. Should, in the opinion of the City Engineer of the City, the amount 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 receiving notice from the City Engineer of the additional amount required. If any security is replaced by 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. Alte_r_ations to Improvements Plans.
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 improvement, which are determined by CITY to be necessary and incidental to the successful completion and function of the improvements or required to meet CITY standards, shall not relieve the improvement 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 to modify the standards applicable to the Subdivision and this Agreement, when necessary to protect the 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 proper facilities and safe access for observation of the public improvements by the CITY and to the shops 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 City Engineer shall recommend acceptance of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av {3274213.3) Page 5 of 15
6518 6.0021314 l 067305.2
been determined to have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDER 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:
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 provisions of subsection (b) hereof.
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 acceptance of all the work and improvements by the City Council. The City Engineer will put an item 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. Injury to Public Improvements, Public Property or Public Utilities Facilities. 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 any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY 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 Engineer.
8. 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. Default of SUBDIVIDER.
Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av {3274213.31 Page 6 of 15
6518 6.00213141067305.2
a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER's failure to timely commence construction as provided in Section 21 of this Agreement; SUBDIVIDER's failure to timely cure any defect in the improvements; SUBDIVIDER's failure to perform substantial construction work for a period of 20 calendar days after commencement of the work; SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within 30 days; the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in 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 SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession 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.
SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY.
Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av {3274213.3} Page 7 of 15
6518 6.00213 \41067305.2
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.
a. As provided in Section 3(c) above, SUBDIVIDER shall guarantee or warranty the work done pursuant to Section 1 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 fail to act promptly or in accordance with this replacement, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform 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 1 of this Agreement.
SUBDIVIDER shall provide on -going maintenance of landscape improvements installed pursuant to Section 1 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. SUBDIVIDER 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 SUBDIVIDER's obligations under this Agreement.
12. Injury to Work. Until such time as the improvements are accepted by CITY, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av (3274213.3) Page 8 of 15
65186.00213 \410673 05.2
completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any 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 Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other subdividers for the apportionment of costs of water and sewer 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. SUBDIVIDER's Obligation to Warn Public During Construction. Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition.
15. Vesting of Ownership. 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. Final Acceptance of Work. 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. IndemnitylHold Harmless. 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, Iiability or loss of any sort, because of, or arising out of, acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, including 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 Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av {3274213.3} Page 9 of 15
6518 6.00213 t41067305.2
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 suggested an alternative safe and feasible design. Provisions of this paragraph shall remain in full force and effect for 10 years following the final acceptance by the CITY of the improvements. It is the intent 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 correcting any plans or specifications or in approving, reviewing or inspecting any work or construction. 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 this Agreement is in effect, SUBDIVIDER must procure and maintain insurance in the type and coverage limits, and other requirements, required by the CITY.
19. Sale or Disposition of Subdivision. 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 novation 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. Time of the Essence. Time is of the essence of this Agreement.
21. Time for Commencement 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 improvement work by the deadline, a written request to extend the deadline shall be submitted to the City Engineer at least four (4) weeks in advance of the deadline, and said request will be presented to the City Council for consideration. At that time, the City Council shall have the option of terminating or extending 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 Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av {3274213.3) Page 10 of 15
65186.00213A 1067305.2
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 government action beyond the control of SUBDIVIDER in response to the COVID- 19 virus thereby preventing construction (a "COVID-19 Delay"), or by storm or inclement weather which prohibits the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute 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 Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as reasonably determined by the City Engineer.
22. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance.
23. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. 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
I I I I I Brookshire Avenue
Downey, CA 93446
Attention:
SUBDIVIDER: Honors LLC, and Cherry Avenue One, LP
10841 Paramount Boulevard Suite 203
Downey, California 90241
Attention:
24. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.
25. Captions. 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. Litigation or Arbitration. 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.
Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av {3274213.3} Page 11 of 15
65186.00213\41067305.2
27. Incorporation of Recitals.
incorporated into the terms of this Agreement.
The Recitals to this Agreement are hereby
28. Entire Aueement. 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
SIGNATURES ON NEXT PAGE]
Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av 13274213.31 Page 12 of 15
65186.002 l 3114 l 067305.2
IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its Mayor.
CITY:
ATTEST:
Maria Alicia Duarte, CMC, City Clerk
SUBDIVIDER:
Honors LLC,
a California limited liability company
and Cherry Avenue One, LP,
a California Limited Partnership
CITY OF DOWNEY
By:
Mayor, Claudia M. Fromenta
C:�jd
By: Date:
Print Name & e: Donald Jervis
Manager of Honors LLC and
General Partner of Cherry Avenue One, LP
(SIGNATURES MUST BE NOTARIZED)
Subdivision Improvement Agreement - Final Map No. 82282 _ 10303 Downey Av {3274213.3) Page 13 of 15
65186,00213\41067305.2
State of ACKNOWLEDGMENT
1 ss.
County of _ J
On li before me,
(here insert name and title of the officer)
personally appeared I `�r►tJ
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(i) whose name) is/ape subscribed to the within instrument and acknowledged to me that he/sl lty executed the same in his/h/r/th§Kr authorized capacity(ieA, and that by hislh/IthXr signature(A on the instrument the person( or the entity upon behalf of which the person(A acted, executed the instrument.
Witness my hand and official seal.
Signature
ACKNOWLEDGMENT
State of
--- I
ss.
County of ^
On , before me,
1. PARRISN
Notm public- Galifomia
l.es Af�eles eaunw
LeTmisslon X 2367136
xy [oMm, ExPiMAY` 16, 2025
(here insert name and title of the officer)
personally appeared
personally known to me (or 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.
Witness my hand and official seal.
Signature
ACKNOWLEDGMENT
State of
ss.
County of
On
before me,
(here insert name and title of the officer)
personally appeared
personally known to me (or proved to me 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
Signature
{3274213.3)
65186.002 l 3t41067305.2
EXHIBIT A
Basis for Estimated Cost of Construction of Public Improvements and Performing Land Development Work
(See Attached)
3274213.314 A - I
65186.00213\41067305.2
8/17/2023
FILEICASE: TRACT MAP NO.82282
LOCATION; 10303 Downey Avenue
Item No.
Description
Quantity &
Unit
Unit Price
Amount
1 Construct 4-inch thick PCC Sidewalk and Slab
500 SF
$11.00
=
$5,500.00
2 Remove and Reconstruct PCC Curb and Two -Foot Gutter
75 LF
$75.00
=
$5,625,00
3 Remove Existing Improvements & Construct PCC Driveway Approach 300 SF
$15.00
=
$4,500.00
4 Remove and Reconstruct 4-Inch Thick AC Paveouts
100 LF
$11.50
—
$1,150.00
5 Remove Existing Improvements & Construct New Parkway Drain 1 EA
$2,500.00
=
$2,500.00
6 Remove (2) Existing Trees and Stumps
2 EA
1 $1,500.00
=
$3,000.00
7 Construct 6-Inch V.C.P. Sewer Lateral
1 EA
$10,000.00
=
$10,000.00
8 Relocation of Existing Fire Hydrant
1 EA
$5,000.00
$5,000.00
9 Construct Water meter service line, meter and meter box 12 EA
$7,500.00
=
$90,000.00
Subtotal =
Labor and Materials (50%) _
One-year Guarantee (5%) _
Attorney and Inspection Fees =
Total Estimate =
$127,275.00
$63,637.50
$6,363.75
$10,000.00
$207,276.25
TOTAL CASH DEPOSIT REQUIRED FOR THIS PROJECT IS $208,000.00 -- ------------------- ---------------- DATE;
• DATE:
Bond No(s) SU7106867-0000
Premium $6,240.00
FAITHFUL PERFORMANCE BOND
(Single Surety Form)
WHEREAS, the CITY OF DOWNEY, a municipal corporation of the State of California ("City"), Honors, LLC and Cherry Avenue One, LP, an Limited Liability Corporation and Limited Partnership, both incorporated in the State of California as principal ("Principal") have entered into an agreement entitled Tract Map No. 82282 Tentative Map Resolution of Approval No. 20-00100, incorporated herein by reference and referred to as the "Contract," which requires Principal to install and complete certain designated public improvements; and,
WHEREAS, under the terms of the Contract and prior to commencing any work under the Contract, the Principal is required to furnish a bond to City for the faithful performance of the Contract.
NOW, THEREFORE, we the Principal and Arch Insurance
Company, which is a corporation duly authorized and admitted to transact business and issue surety bonds in the State of California ("Surety"), is held firmly bound unto the City in the sum of Two Hundred Eight Thousand and No1100 Dollars ($208,000.00), for the payment of which sum well and truly to be made, we the Principal and Surety 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 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 in the Contract and any changes, additions, or alterations made thereto, to be kept and performed at the time and in the manner therein specified, and Downey Performance Bond
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 sum specified above, there shall be included all costs, expenses, and fees, including attorney's fees, reasonably incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or to the specifications accompanying the same shall in any way affect each of their obligations on this bond, and the Surety does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, this instrument has been duly executed by authorized representatives of the Principal and Surety. SIGNED AND SEALED on August 22 , 20 23
PRINCIPAL:
Honors, LLC and Cherry Avenue One, LP
(Principal name ea
2 Downey Performance Bond
BY:
(Signature)
O h Ai ® D- Te4vij'- #76h6 f1t-
(Print name and Title)
Principal address:
10841 Paramont BLVD, Suite 203
Downey, CA 90241
SURETY:
Arch Insurance Company
(Surety name)
BY:
(Signature)
Aaron Steffey, Attorney -in -Fact
(Print name and Title)
(Seal)
Principal Telephone.
562-706-6500
Surety address: Surety telephone:
Harborside 3, 210 Hudson ST, Suite 300 1-877-688-2724
Jersey City, NJ 07311
Affix Corporate Seals
Attach Notary Jurats for All Signatures
Attach Power -of -Attorney if executed by Attorney-i
3 Downey Performance Bond
Downey Performance Bond
CALIFORNIA• • • (1
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 Call ornia )
County of [ )
On �`�_�s before me, ��, f c✓ �( C!
Date Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(4 whose name is/z subscribed to the within instrument and acknowledged to me that he/q(e/tidy executed the same in his/hjlth/r authorized capacity(i96), and that b his/iy�,k/tly�ir signature(} on the instrument the person, or the entity upon behalf of which the persontacted, 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.
I.MAWSH WITNESS my hand and official seal.
I*Rotary Public . Califon"
Les Aflpl!t County
Commission ! 2367316
.* Comm. 610m, A4 l6„ 2023 Signature
Signature of Notary Pub
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — 1❑ Limited [I General
❑ Individual 7, Attorney in Fact
❑, Trustee Guardian or Conservator
7— Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
El Partner — .] Limited ❑ General
Individual ❑ Attorney in Fact
El Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) ltem #5907
Surety Acknowledgment
State of Indiana
County of Hamilton
On August 22, 2023 , before me personally came Aaron M. Steffey to me known, who, being by me duly sworn, did depose and say that he/she is an Attorney -In -Fact of Arch Insurance Company , the corporation described in and which executed the within instrument; that he/she knows the corporate seal of said corporation; that the seal affixed to the within instrument is such corporate seal, and that he/she signed the said instrument and affixed the said seal as Attorney -In -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof.
My commission expires: February 29, 2024
Mildred Steffey, Notary Public
MILDRED SIEFFEY
Notary Public • Seal
Hamilton County -State of lavd�ana
Commission Number MP0680890
my Commission Expires Feb 29. 2024
AIC 0000348983
Bond SU 7106867-0000
This Power af,4ttorney lfmfts the ads of chose named herez% and they have no auhhorrly to hind the Co1wany except in the manner and re the er:rent herein stated Not vah'dforNote, Loan, leder of0,?J24 GurreneyRa e, InteresfRafe orResidenllalYalne Guarantees
POWER OF ATTORNEY
Know All Persons By These Presents:
That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint:
Aaron Steffey and Chris Kolger of Houston, TX (EACH)
its true and lawful Attorney(s)m-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed:
Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding One Million Five Hundred Thousand Dollars 1 500( ,000.00� This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein.
The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey.
This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December It, 2020, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned ,Secretary as being in ,full force and effect:
"VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, mcognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on December 11, 2020:
VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 11, 2020, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 6th day of August 2021 Attested and Certified Arch Insurance Company
(�4psp,D%Regan A. Shulman, Secretary Stephen C. Ruschak, Executive Vice President
STATE OF PENNSYLVANIA SS
COUNTY OF PHILADELPHIA SS
I, Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Ruschak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally aelmowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth.
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Michele Tripodi, Notary Public
My commission expires 07/31/2025
CERTIFICATION 7
I, Regan A. Shulman, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated August 6, 2021 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Stephen C. Ruschak, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power ofAttomey the duly elected Executive Vice President of the Arch Insurance Company.
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 22nd day of AA gust, 2023. 4, A, s C/ • V
Regan A. Shulman, Secretary
This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated.
PLEASE SEND ALL CLAIM INQUIRIES RELATING TO TINS BOND TO THE FOLLOWING ADDRESS:
Arch Insurance — Surety Division
3 Parkway, Suite 1500
Philadelphia, PA 19102 u[rureMnrc
sm
tsn
To verify the aatherrkcity ofthis Power of Alttorney, pleese camas. Arch Inrurence Campauy at.Surely�,tutherNrc@arebiamrance. enm Please refer to tine above xamedAuorneyia-Feel and the details oflhe hoed to which thepoweris attached. yissaue�/
AICUA04010 Printed in U_S.A.
70221 -10303 DOWNEYAV
TRACT MAP NO. 82282
Date: August 7, 2023
To: Brian Aleman, Associate Engineer
From: Alfonso Hernandez, Principal Planner NW
Subject: Final Tract Map No. 82882
On August 2, 2023, the Planning Commission considered Final Parcel Map No. 82882 (Pf_N- 21-00164), 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. 82882. The Planning Commission approved the minute action unanimously.