Item No.
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 10, 2024
SUBJECT: APPROVAL OF FINAL PARCEL MAP NO. 84260 AND AGREEMENT FOR
THE CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS
LOCATED AT 12020 RIVES AVENUE
EXECUTIVE SUMMARY
The City Council will consider adopting a Resolution for the approval of Final Parcel Map No. 84260 and an agreement with the subdivider for the construction of subdivision public improvements. This will allow the subdivider to establish two (2) new single-family residentially zoned parcels located at 12020 Rives Avenue.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 24-8267, approving Final Parcel Map No. 84260 and an agreement with the subdivider for the construction of subdivision public improvements
BACKGROUND
On November 15, 2023, the Planning Commission adopted Resolution No. 23-4018 approving Tentative Parcel Map No. 84260 for the future subdivision of a parcel for the purpose of establishing two (2) new single-family residentially zoned parcels located at 12020 Rives 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 and curb & gutter, removal of two existing driveway approaches, and construction of new concrete driveway approaches.
On August 22, 2024, the Planning Commission considered the Final Parcel Map and adopted a minute action recommending City Council approval of Final Parcel Map No 84260.
APPROVAL OF FINAL PARCEL MAP NO. 84260 AND AGREEMENT FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS LOCATED AT 12020 RIVES AVENUE SEPTEMBER 10, 2024
PAGE 2
ANALYSIS
The map has been checked and found to be technically correct per the approved tentative subdivision map and in compliance with local codes and regulations. The Parcel Map needs to be approved and recorded with Los Angeles County for the developer to begin pulling permits and ultimately commence construction. Enclosed is a Resolution (Attachment A) of the City Council approving Final Parcel Map No. 84260 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. All subdivision public improvements will be constructed as part of the development at the cost of the developer.
ATTACHMENTS
Attachment A – Resolution No. 24-8267
Exhibit A – Parcel Map 84260
Exhibit B – Subdivision Improvement Agreement for Final Parcel Map No. 84260 Exhibit C – Cash Deposit for Parcel Map No. 84260 Off-Site Improvements Attachment B – Location Map
Attachment C – Planning Commission Memo dated 08-22-2024
Attachment A
RESOLUTION NO. 24-8267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING FINAL PARCEL MAP NO. 84260 AND AGREEMENT WITH
THE SUBDIVIDER FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC
IMPROVEMENTS
WHEREAS, on August 22, 2024, the Planning Commission considered Final Parcel Map No. 84260 (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 B) between the City and the developer in connection with the above-identified subdivision.
WHEREAS, said agreement includes a Refundable 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. 84260 attached hereto as Exhibit A is hereby approved.
SECTION 2. Direct the City Clerk to transmit the Final Parcel Map No. 84260 to the Los Angeles County Recorder’ Office for recordation.
SECTION 3. That City Clerk shall certify to the adoption of this Resolution.
RESO NO. 24-8267
PAGE 2
APPROVED AND ADOPTED this 10th day of September, 2024.
MARIO TRUJILLO, 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 10th day of September, 2024, 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. 24-8267
PAGE 3
EXHIBIT A
RESO NO. 24-8267
PAGE 4
RESO NO. 24-8267
PAGE 5
RECORDING REQUEST BY
CITY OF DOWNEY
CITY CLERK
WHEN RECORDED RETURN TO:
City of Downey
Ann: City Clerk
11111 Brookshire Avenue
Downey, CA 90241
Fee Exempt-Government Code G.C. S 27388.1 (a) (1 )ABOVE THIS LINE RESERVED FOR RECORDER'S USE
SUBDIVISION IMPROVEMENT AGREEMENT
DATE OF AGREE)IENT:
\AXIE OF SUBDIVIDER:
(Referred to as "SL’BDI\’IDER" )
PARCEL XIAP NO,:84260
(Referred to as "SUBDIVISION")
TENTATIVE MAP RESOLUTION OF APPRO\’AId NO,: 23-40 18
(Referred to as " Resolution of
'\ppro\'al" )
ESTIMATED TOTAL COST OF I>IPRO\’EXIENTS: S 77.500 (St,vcnty-Seven Thousand Five llundred Dollars)
DEPOSIT (IFAPPLICABLE):577,500 (Seventy-Seven Thousand Five Hundred Dollars) 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 Jose Luis AIda}’ Martinez. u'hose address is (hereinafter referred to as ’SUBDI\’IDER" ).
RECITALS
A. SUBDI\’IDER has presented to CIT\’ for appro\'al and recordation, a anal subdivision map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of ('alifornia and CITY's ordinances and regulatiolrs relating to the fililrg. appro\al. and recordation of subdivision maps. The Subdivision Map Act alrd CITY's ordinances and regulations relating to the filing. appro\'al, and rccordation ofsubdi\'ision maps are collectively referred to in this Agreement as the "Subdi\'ision Lau's". The SUBDIVIDER has all interest in the property u'hich comprises the final subdivision Imap.
Subdi\ision Ilnpro\'ement Agreement - Final Map No. 84260 12020 Ri\'c:i A\' with JNIF comments :3274213.31 Page 1 of 14
(+5 1 86.00: 1 3\, 4 1 (i(17305.3
B. A tentative map of the Subdivision has been approved. subject to the Subdivision Law’s and to the requirements and conditions contained in the Resolution of Approval. The Resolution of Approval is on nIc in the Office of the City Clerk and is incorporated into this Agreement by reference.
C. The Subdivision La\\'s establish as a condition precedent to the approval of a fInal map that SUBDI\'IDER must have complied u'ith thc Resolution of Approval and must have either ( 1 ) completed. in colnpliancc u'ith CITY standards. all of the ilnpro\’cmcnts and land development u'ork required by the Subdivision Lau’s or the Resolution of Approval, or (2) ha\'c entered into a secured agreement u’ith CITY to complete the improvements and land development within a period of time specified by CITY
D. In consideration of appro\'al of a final map for the Subdi\’ision by the City Council.
SUBDI\’IDER desires to enter into this Agreement. u'hereby SUBDIVIDER promises to install and complete. at SUBDIVIDER's o\yn expense, all the public inrproverncnt \york required by CITY in connection with the proposed Subdivision. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Law-s and approved by the City Attorney.
E. Complete Improvement Plans for the construction. installation. and completion of the impro\'erncnts ha\'e been prepared by SUBDIVIDER and appro\'ed by the City Engineer on JUNE 2026. The Improvement Plans for PARCEL MAP NO. 84260 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 perfonning land de\'elopnrent \york in connection u'ith the impro\'ements according to the Improvement Plans has been made and had been approved by the City Engineer. The estinrated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement, G. CIT\’ has adopted standards for the constnlction and installation of improvements within CITY. The Improvement Plans ha\'e been prepared in conformance u'ith CITY standards in effect on the date of appro\'al of the Resolution of Apl)ro\'al
H. Prior to completion of the required inrpro\’ements and their acceptance by CITY, it is necessary that ccIlain monuments and stakes. as speciflcd on the final map for the Subdi\'ision, shall be installed and also that street signs be placed at intersections.
I. SL’BDI\’IDER recognizes that by appro\’al of the final map for Subdi\'ision. CITY has conferred substantial rights upon SLTBDI\’IDER. including the right to sell. lease, or finance lots u'ithin the Subdivision. alrd has takelr thc fInal act necessary to subdi\'ide thc property \\’ithin the Subdi\'ision.
As a result. CITY \\’ill be danraged to the extclrt of the cost of installation of the improvements by SUBDIVIDE;R's failure to perfornr its obligations under this Agreenrt’IIt, including, but not linrited to, SUBDIVIDE:R's obligation to colnnlence construction of the impro\rnrcnts by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and Subdi\ision Ilnpro\'clncnt Agreement - Final Map No. 84260 121)20 Ri\ cs A\' \\’ith JVIF comments :3274213.3 : Page 2 of 14
65 1 86.O02 1 3\+ 1 o(17305.2
la\\' in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rcscission of the Subdivision constitutes an adequate remedy for default bY the SUBDI\’IDE:R shall be within the sole discretion of CITY NOW, THEREFORE, in consideration of the approval and rccordation by the City Council of the final map of the Subdi\’ision. SUBDIVIDER and CITY agree that the above recitals are incorporated herein and further agree as foIIo\\'s,
1. SUBDI\'IDER's Obligations to Construct Improvements. SUBDIVIDER shall
a. Comply u’ith all the requirements of the Resolution of Approval, and any amendments thereto. and u’ith thc provisions of the Subdivision Lau’s. b. ('ompletc. at SUBDIVIDE:R's own expense, all the public improvement u’ork required on the Tentative Map and Resolution of Approval in contbrmancc u'ith approved Improvement Plans and the CIT\’ standards as foI]o\\'s:
INIPRO\’EXTENT
INIPROVEN'IENTS (Public):
Construction of Nc\v Sc\vcr Lateral
Construction of Ne\v \\’ater meter service lines
Removal of two existing trees and stumps
Reconstruction of curb & gutter
Reconstruction of Portland cement concrete driveway
Approaches
DEADLINE DATE
JUNE 2026
JUNE 2026
JUNE 2026
JUNE 2026
JUNE 2026
SUBDIVIDER agrees that CITY may impose necessary changes to the scope of the impro\'enlent \\’ork if CIT\’ 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 Inrpro\'ement Plans and CITY standards d. Acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way. casements and other interests in real property lbr construction or installation of the public improvements. free and clear of all liens and encunrbranccs. The SUBDIVIDE:R's obligations with regard to acquisition by CITY of off-site rights-of-u'ay. casenrents. alrd other ilrterests in real property shall be subject to a separate agreement bct\\'een SUBDI\’IDER and CITY. SUBDI\’IDER shall also be responsible for obtaining any public or private drainage casenrents or authorization to acconlnrodate the Subdivision
c. C'onrnlencc construction of the inlprovcnrents by the time established in Section 21 of this Agreement and complete the inrpro\'enrcnts by the deadline stated in Paragraph 1(b) above. unless a time extension is granted by the CITY as authorized in Section 21.
Subdi\ision Impro\'clncnt Agreement - Final Map Nc). 84260 12020 Ri\ cs A\' w'ith JNIF comments 3274213.3: Page 3 of 14
(15 1 86.IN)] 1 3",+ 1 t)67305.2
t Install all Subdivision monuments required by law prior to the completion and acceptance of the public impro\'cments bv 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 nra)’ require.
2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the public impro\’cmcnt and land development u’ork 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. casements 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-u’ay, 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 Enrinent Domain La\\' of an order of possession. SIJBDIVIDER shall comply in all respects with the order of possession.
3. SecuritY. 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 Law’s 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 inrprovements in an amount of 1 00%, 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 impro\’ements required to be constructed or installed pursuant to this Agreement in the additional amount of 50'h, of the cstinrated cost of the improvements:
and
c. As pro\'ided in Section 10(a) belo\\'. SUBDIVIDER shall guarantee and u'arrant thc \\’ork done pursuant to Section 1 of this Agreement for a period of one year after final acceptance by the City C'ouncil of the \york and inlpro\’cmcnts against any defective work or labor done or defecti\'e materials fUrnished (the “Warranty Period“) in the additional amount of 10"4, of the estimated cost of the inlpro\'enrents: and
d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100% of the estinrated cost of setting Subdivision monuments as stated previously in this Agreenrent.
Subdi\'ision Impro\'clncnt Agreement - Final Map No. 84260 12020 Ri\'es /\\’ \\’ith JNIF comments
(15 1 86.oo: 1 3\.+ 1 o(i7305.2
The securities required by this Agreement shall be kept on fIle u'ith thc City Clerk. The tcnns 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 ofthc City, thc amount of the security become insufficient for impro\'I:ments required by this Agreement. SUBDI\’IDER shall rene IV the security in an amount deemed sufficient by the City Engineer within tcn (10) days after rccci\’ing 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 u'ith thc City Clerk, the former security may be released
4. Alterations 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 inlprovement. 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 faithfUI performance of this Agreement. In the event such changes, alterations, or additions exceed 1 0% of the original estimated cost of the impro\'ement, SUBDIVIDER shall provide inrpro\’ement 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 reser\’es the right to modify the standards applicable to the Subdivision and this Agreement, \\'hen necessary to protect the public safety or \\’clfare or comply u’ith applicable State or Federal law or CITY zoning ordinances. If SUBDI\’IDER requests and is granted an extension of time for completion of the improvements. CITY nray apply the standards in effect at the tinle of the extension
5. Observation of Construction. SUBDIVIDER shall at all times maintain proper facilities and safe access for observation of'the public impro\’ements by the CITY and to the shops \\’herein any \\'ork is in preparation. Upon completion of the u’ork. StBDIVIDER may request a final u'alk through by the City Engineer. or the City Engineer's authorized representati\’e. If the City Engineer. or the designated representative, determine that the work has been completed in accordance u'ith this Agrcenlent. then thc City Engineer shall recommend acceptance of the public improvements to the City Council. No impro\’enrents shall be finally accepted unless all aspects of the work have been determined to have been conrplctcd in accordalrcc \\'ith thc Jnrpro\'cnrent Plans and CITY standards. SUBDI\’IDER shall bear all costs of the CITY observation of construction
6. Release of Securities. The securities required by this Agrcemelrt shall be released as follows:
Subdi\'ision Impro\’cnrcnt Agreement - Final Map No. 84260 12020 Ri\'cs Av with iMF comments :3:74213.3: Page 5 of 14
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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 rcscr\'cs to itself all remedies available to it at lau’ or in equity for breach of SUBDI\’IDE:R's obligations under this Agreement. CITY shall ha\'c the right, subject to this section. to dra\\' 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 utilizc thc 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 rc:meet 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 impro\'ements. 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 SUBDIVIDE:R's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation 20 days after mailing written notice of default to SUBDI\’IDER and to SLBDI\’IDER'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 ddvisable, for the account and at the expense of SUBDI\’IDER. and SL'BDI\’IDER's surety shall be liable to CITY for any excess cost or damages occasioned CIT\’ thereby; and. in such event. CITY. u'ithout liability for so doing. may take possession of and utilize in completing the u’ork, such materials. appliances. plant and other property belonging to SUBDI\’IDER as may be on the site of the work and necessary for the performance of the \york c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the tIling by CIT\’ of a notice of \'iolation against all the lots in the Subdivision. or to rescind the appro\'al or otheru'ise rc\'crt the Subdi\'ision to acreage. The remedy provided by this subsection c. is in addition to and not in lieu of other remedies a\’ailable to CITY, SUBDI\’IDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CIT\
d. In the event that SUBDIVIDER fails to perform any obligation hereunder. SUBDI\’IDER 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 u'ith respect to a default, or to declare a breach. shall not be construed as a wai\'er of that default or breach or any subsequelrt default or breach of SUBDIVIDER
10. \\’arrantv
Subdivision llnpro\’cnrent Agreement - Final Map No. 84260 12020 Ri\'cs Av with JMF ctimlncnts 3 : Page 7 of 14
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a. As provided in Section 3(c) abo\’c, SUBDIVIDER shall guarantee or u’arrant\' the \york done pursuant to Section 1 of this Agreement through the expiration of the Warranty Period. If \\’ithin thc Warranty Period any u'ork or improvement or part of any work or improvement done, fumished, installed, constluctcd or caused to be done, furnished, installed or constructed by SUBDIVIDER fails to hrIHll any of the requirements of this Agreement or the impro\'cmcnt plans and specifications referred to herein, SUBDIVIDER shall u'ithout delay and without any cost to CITY, repair or replace or reconstruct any defective or otherwIse unsatisfactory part or parts of the u'ork or structure. SUBDI\'’IDER further acknou'lcdgcs 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. rcscr\lng to SUBDIVIDER thc right of recourse or indemnity against any third party u’ho 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 perfonn the work 20 days after mailing u’rittcn notice of default to SUBDIVIDER and to SUBDIVIDE:R'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 u'ork and SUBDI\’IDER shall pay to CIT\’ 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.
SUBDI\’IDER shall provide on-going maintenance of landscape improvements installed pursuant to Section ] of this Agreement for the \\’ananty Period. The responsibility for the maintenance of landscape inrprovenlents shall include. but not be linritcd to. the repair. replacenrent or replanting of any landscaping of deteriorating condition as directed by the City Maintenance Services Superintendent
11. SUBDI\’IDER Not Agent of CITY. Neither SUBDI\’IDER nor any of SUBDI\’IDER's agents or contractors are or shall be considered to be agents of CITY in connection u'ith thc performance of SUBDI\’IDER's obligations under this Agreement.
12. Injurv to \Vork. Until such time as the improvements are accepted by CITY.
SUBDI\’IDER 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 completed and accepted by CITY. SUBDI\-IDER u'ill bc 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 c)f the cause, happening or occurring to the work or improvenlcnts specified in this Agreement prior to the completion and acceptance of the \york or impro\'enrclrts. All such risks shall be the rcspolrsibility of and are hereby assumed by SUBDI\’IDER
13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expcnding monies pursuant to agreements concurrently or previously executed between the parties, Subdivision Ilnpro\'cnrent Agreement - Final Map No. 84260 12020 Ri\'cs Av with JVIF comments 3:74213.3 : Page 8 of 14
65 1 86.no: 1 3 + 11167305.3
or from entering into agreements with other subdividcrs 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. SUBDI\’IDER's Obligation to Warn Public During Construction. Until final acceptance of the improvements. StBDIVIDER 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. \’esting of Ownership. StJBDIVIDER 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. ouncrship of the improvements constructed pursuant to this Agreement shall vest in CITY
16. Final Acceptance of \\'ork. Acceptance of the u’ork 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 hom the date the City Engineer notifIes the City Council that the u’ork has been finally completed. as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY,
17. Indemnity/Hold 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 nom any and all claims. demands, causes of action, liability or loss of any sort, because of, or arising out of, acts or omissions ofSUBDI\’IDER. 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 u'hole or in part. the design or construction or both of the improvements. This indemnincation and agreement to hold harmless shall extend to injuries to persons and damages or taking ot'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 inrprovenlents shall not constitute an assumption by the CITY of any responsibility for any damage or taking co\’ered by this paragraph. CITY shall not be responsible for the design or construction of the Subdi\'ision or the inrpro\'cments pursuant to the approved inrprovemcnt plans or map. regardless of any negligent action or inaction taken by CITY in approving the plans or maps. unless the particular inrprovenrcnt desiglr u'as specifically required by CITY o\'er \\’rittcn objection by SUBDI\’IDER submitted to the City Engineer before approval of the particular improvement design, which objection indicated that the particular ilnpro\’cnrent design was dangerous or defccti\’e and suggested an altenrative safe and feasible design. Provisions of this paragraph shall remain in full force and effect for 10 years follow’ing the final acceptance by the CITY of the improvements. It is the intent Subdivision llnprovcmcnt Agreement - Final Map No. 84260 12020 Ri\'es A\' with JVIF comments :32742 13.3: Page 9 of 14
651 8(r.0(i: 1 3 + 1 f16T3ti5 .:
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. nonfcasancc, misfcasancc or malfcasancc in approving, reviewing, checking, or correcting any plans or specifications or in approving. reviewing or inspecting any u’ork 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 thc liabilities and obligations othcru'isc assumed by SUBDIVIDER pursuant to this Agreement, including. without limitation. to the pro\’isions concerning indcmnincation
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 \all not relieve SUBDI\-IDER from the obligations set forth herein. SUBDIVIDER agrees to notify CITY in writing at ]cast 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. SUBDI\’IDER 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 SL’BDI\’IDER of the obligations under Paragraph 17 for the u'ork or improvement done by SUBDI\’IDER
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 impro\'cments required by this Agreement not later than nine (9) months prior to the time for completion. In the event SUBDI\’IDER 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 allo\\-ed. the City Council nlay require additional securities. including. but not limited to. forfeitable cash deposits. to guarantee construction of the public inrprovenrents by the extended deadline. The City Council shall be the sole and anal judge as to whether or lrot good cause has been sho\yn to entitle SUBDIVIDER to an extension. Delay resulting from an act of CIT\’. or by an act of God. \\’hich SUBDI\'IDER could not have reasonably foreseclr. or by a government action beyond the control of SUBDIVIDER in response to the C-oViD-19 \'irus thereby preventing construction (a “COViD- 19 Delay’'). or by stornr or inclement u'cathcr \\’hich prohibits the conducting of work. and \\’hich \vere not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the time for conrpletion. As a condition of such extension. the City Manager may require SUBDI\’IDER to furnish new security guaranteeing performance of this Subdi\'ision Impro\’clncnt Agreement - Final Map No. 84260 12020 Ri\'cs Av with JVIF comments :3274313.3: Page 10 of 14
65 1 SCr.oo: 1 3 + 1 067305.:
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 SUBDI\’IDER of this Agreement shall not be construed to vest SUBDI\’IDE:R's rights u'ith respect to any change in any zoning or building la\v 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 u'rittcn change of address is filed with CIT\
CIT\(-itv of Downey
Public Works Department
1 1 1 1 1 Brookshirc A\’enue
Downey, CA 93446
Attention: Matt Baumgardner, P.E., Director of Public Works SL’BDI\’IDER:Jose Luis Alday 'Nlartinez
24. Severability. The provisions of this Agreement are se\'erable. If any portion of this Agreement is held in\'alid 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 pre\'ailing 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 Agrccnlcnt.
28. Entire Agreement. This Agreement constitutes the entire Agreement of the parties u’ith 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.
Subdi\'ision Ilnprovement Agreement - Final Map No. 8+260_ 1 2020 Ri\'es Av \\'ith JVIF comments :3274213.3 : Page 1 1 of 14
65 1 86.ti(i2 1 3 + 1 t)67305.2
IN
CITY:
cxccutcd by CITY, by and through i
CITY OF DOWNEY
ts Mayor
a California municipal corporation
By:
Xlayor, Xlario Trujillo
KNIH DO\\-NEY IN’
a California limi lility co
i Martinez, Owner
OG 2 %b–/ ADa'/
(SIGNATURES NILST BE NOTARIZED)
Subdi\'ision llnpro\’emcnt Agreement - Final Map No. 84260 12020 Ri\'c:'; A\- with JMF comments 3174213.3 : Page 12 of 14
Cl5 1 86.002 1 3",+ 1 tlfi73€15 .2
State of cd.iron rtl a
c,„ty ,i LnG nYIge, Les
tOn
7 7
y Bt Cd
e e of the
rJ
(Or prapersonally known to I) to bee
namep) lslan subscribed to the within instrument and to me that hefshe/they executed the same in his,hat+nir authorized caDacitvae9}. and that by his/her/## sianatureb) on the instrument the personpyor the entity upon behalf of which the person{x) acted, executed the instrument Witness my hand and official seal.
State of
ACKNOWLEDGMENT
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) 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 sea
Signature
State of
ACKNOWLEDGMENT
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) 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
\274213.3
r iS 1 SrI.002 1 3 + 1 t)(1731)5.2
EXIIIBIT A
Basis for Estimated Cost of Construction of Public Impro\'cmcnts and Performing Land Development Work
(See Attached)
Ftnis£ PARCEL MAP NO. 84260
LXqTnN, 12020 RIVESAVERTBE
Quanaty &
Unit PriceUnit
iml==FiIM
curb/gl,tIer anc sicevl'al 67.It)5.2
City of Dvrrmey
REFUNDABLE CASH DEPOSIT FORM
SECTION 1. To be completed by department submitting a refundable cash deposit.
Name and Address of Depositor Phone
z,d Z,-fi #c04/Amount + l+1 WO . e
Department
Purpose
tugVta UQlr{,
OFF . StIg SUBD\V\StOFJ GohOkt'T86
T-ec
fhkc£b &hP NO. 8qZ60
jtOto kives N.
I. To be
Receipt ,OOl–OLH#P'3
SECTION III. To be completed by Department requesting use of deposit Amount
Use of Deposit
Instructions
Acceptance Date
Authorized Signature
SECTION IV. To be completed by Finance.
VENDOR NO.TRANS. NO.
PGM/PRJT OBJECT
INSTRUCTIONS: This form is to be used when a department receives revenue to be charged to Account 73-625 and is to be refunded or otherwise used on the completion or acceptance of certain work. This is a millti-copy form: The pink copy, with Section I completed, is sent to the Finance Division with the deposit, then the yellow copy with gection III completed ihould be sent to the Finance Division. The white copy may be retained by the department for its file
+Fle Memomndum
To: Edwin Norris, Deputy Director of Public Works
F r o Inn : /[\ b r a h a n1 L u n a 1 /1\ s s o c i a t e P 1 a nn erA\ Date: August 22, 2024
Re: Final Tract Map No. 84260
On August 21, 2024, the Planning Commission considered Final Tract Map No 84260 (PLN-23-00136) to suE>divide a parcel and establish two (2) new single- family residentially zoned parcels of 14,639 and 14,570 square feet. Any future development of the newly created parcels must adhere to the development standards of the R-1 5,000 (Single-Family Residential) zone. After considering all written and oral testimony, the Planning Commission adopted a minute action recommending the City Council approve Final Tract Map No. 84260. The Planning Commission approved the minute action 4-0,