Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, P.E., DIRECTOR OF PUBLIC
WORKS/CITY ENGINEER
DATE: DECEMBER 10, 2024
SUBJECT: APPROVAL OF FINAL TRACT MAP NO. 84168 AND AGREEMENT FOR
THE CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS
LOCATED AT 7360 FOSTER BRIDGE BOULEVARD
EXECUTIVE SUMMARY
The City Council will consider adopting a resolution of the Final Tract Map No. 84168 and an agreement with the subdivider for the construction of subdivision public improvements.
This will allow the subdivider to build 33 townhomes located at 7360 Foster Bridge Boulevard.
RECOMMENDATION
That the City Council:
Adopt Resolution No. 24-8279, approving Final Tract Map No. 84168, and an agreement with the subdivider for the construction of subdivision public improvements.
BACKGROUND
On May 14, 2024, the City Council adopted Resolution No. 24-8242, thereby approving Tentative Tract Map No. 84168 for the future subdivision of a Tract to build 33 townhomes located at 7360 Foster Bridge Boulevard 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 the 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 a new concrete driveway approach, new sewer lateral, new water meter services, and grind and overlay of existing pavement.
On October 16, 2024, the Planning Commission considered the Final Tract Map and adopted a minute action recommending the City Council approval of Final Tract Map No 84168.
APPROVAL OF FINAL TRACT MAP NO. 84168 AND AGREEMENT FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC IMPROVEMENTS LOCATED AT 7360 FOSTER BRIDGE BL NOVEMBER 12, 2024
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ANALYSIS
The map has been verified to be technically correct per the approved tentative subdivision map and in compliance with local codes and regulations. The Tract Map needs to be approved and recorded with the Los Angeles County Registrar-Recorder/County Clerk for the developer to begin pulling permits and commence construction. Enclosed is a Resolution (Attachment A) of the City Council approving Final Tract Map No. 84168 and an Agreement (Exhibit B of Attachment A) with the developer to construct 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.
ATTACHMENTS
Attachment A: Resolution No. 24-8279
Exhibit A: Tract Map 84168
Exhibit B: Subdivision Improvement Agreement for Final Tract Map No. 84168 Exhibit C: Faithful Performance Bond for Tract Map No. 84168 Off-Site Improvements
Attachment B: Location Map
Attachment C: Memorandum
ATTACHMENT A
RESOLUTION NO. 24-8279
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING FINAL TRACT MAP NO. 84168 AND AGREEMENT WITH THE
SUBDIVIDER FOR THE CONSTRUCTION OF SUBDIVISION PUBLIC
IMPROVEMENTS
WHEREAS, on October 16, 2024, the Planning Commission considered Final Tract Map No. 84168 (attached as Exhibit A) and recommended City Council approval of said map; and
WHEREAS, the City Engineer and City Planner have reviewed the proposed Final Tract Map and find it to be technically correct and that all applicable Tentative Tract Map conditions have been satisfied; and
WHEREAS, the Subdivider, Olson Urban V – Downey 2, LLC, also intends to enter into a Subdivision Improvement Agreement (attached as Exhibit B) with the City for the construction of certain public improvements further described in that agreement.
NOW THEREFORE, the City Council of the City of Downey does hereby resolve as follows:
SECTION 1. The Final Tract Map No. 84168 attached as Exhibit A is hereby approved.
SECTION 2. The Subdivision Improvement Agreement attached as Exhibit B is hereby approved.
SECTION 3. The City Clerk shall transmit the Final Tract Map No. 84168 to the Los Angeles County Recorder’s Office for recordation.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10th day of December, 2024.
_________________________________
MARIO TRUJILLO, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
City Clerk
APPROVED AS TO FORM:
RESOLUTION NO. 24-8279
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JOHN M. FUNK
City Attorney
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 December 2024, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
MARIA ALICIA DUARTE, CMC
City Clerk
RESOLUTION NO. 24-8279
PAGE 3
EXHIBIT A
RESOLUTION NO. 24-8279
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RESOLUTION NO. 24-8279
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RECORDING REQUEST BYCITY OF DOWNEYCITY CLERKWHEN RECORDED RETURN TO:City of DowneyAttn: City Clerk11111 Brookshire AvenueDowney, CA 90241Fee Exempt-Government Code G.C. § 27388.1 (a) (1) ABOVE THIS LINE RESERVED FOR RECORDER'S USESUBDIVISION IMPROVEMENT AGREEMENT: h\^^,W\DATE OF AGREEMENT:NAME OF SUBDmDER: Olson Urban V - Downev 2. LLC(Refeired to as "SUBDIVIDER")TRACT MAP NO.: 84168(Referred to as "SUBDIVISION")TENTATFVE MAP RESOLUTION OF APPROVAL NO.: 24-8242(Referred to as "Resolution ofApproval")ESTIMATED TOTAL COST OF IMPROVEMENTS: $ 450.000 (Tour Hundred Fifty ThousandDollars')DEPOSIT OF APPLICABLE^: _$450.000 fFour Hundred Fifty Thousand Dollars')This Agreement is made and entered into by and between the CITY OF DOWNEY, a municipalcorporation of the State of California (hereinafter referred to as "CITY"), and OLSON URBANV - DOWNEY 2, LLC, whose address is 3010 Old Ranch Parkway, Suite 100 Seal Beach, CA 90740,( hereinafter referred to as "SUBDIVIDER")RECITALSA. SUBDIVIDER has presented to CITY for approval and recordation, a final subdivisionmap of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State ofCalifornia and CITY'S ordinances and regulations relating to the filing, approval, and recordation ofsubdivision maps. The Subdivision Map Act and CITY'S ordinances and regulations relating to thefiling, approval, and recordation of subdivision maps are collectively referred to in this Agreement as the"Subdivision Laws". The SUBDTVD3ER has an interest in the property which comprises the fmalsubdivision map.Subdivision Improvement Agreement-Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 1 of 1465186.00213\41067305.2
B. A tentative map of the Subdivision has been approved, subject to the Subdivision Lawsand to the requirements and conditions contained m the Resolution of Approval. The Resolution ofApproval 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 mapthat SUBDFVIDER 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 workrequired by the Subdivision Laws or the Resolution of Approval, or (2) have entered into a securedagreement with CITY to complete the improvements and land development within a period of timespecified by CITY.D. In consideration of approval of a final map for the Subdivision by the City Council,SUBDTVroER desires to enter into this Agreement, whereby SUBDFVIDER promises to install andcomplete, at SUBDFVTDER's own expense, all the public improvement work required by CITY inconnection with the proposed Subdivision. SUBDrVTDER has secured this Agreement by improvementsecurity required by the Subdivision Laws and approved by the City Attorney.E. Complete Improvement Plans for the construction, installation, and completion of theimprovements have been prepared by SUBDFVIDER and approved by the City Engineer onSEPTEMBER 2026. The Improvement Plans for TRACT MAP NO. 84168 are on file in the Officeof the City Engineer and are incorporated into this Agreement by this reference. All references in thisAgreement to the Improvement Plans shall include reference to any specifications for the improvementsas approved by the City Engineer.F. An estimate of the cost for construction of the public improvements and performing landdevelopment work in connection with the improvements according to the Improvement Plans has beenmade and had been approved by the City Engineer. The estimated amount is stated on Page 1 of thisAgreement. 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 withinCITY. The Improvement Plans have been prepared in conformance with CITY standards in effect onthe date of approval of the Resolution of Approval.H. Prior to completion of the required improvements and their acceptance by CITY, it isnecessary that certain monuments and stakes, as specified on the final map for the Subdivision, shall beinstalled and also that street signs be placed at intersections.I. SUBDFVTDER recognizes that by approval of the final map for Subdivision, CITY hasconferred substantial rights upon SUBDFVIDER, including the right to sell, lease, or finance lots withinthe 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 bySUBDFVLDER's failure to perform its obligations under this Agreement, including, but not limited to,SUBDFVIDER's obligation to commence construction of the improvements by the time established inthis Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement andSubdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 2 of 1465186.00213W1067305.2
law in the event of a default by SUBDIVroER. It is specifically recognized that the determination ofwhether a reversion to acreage or rescission of the Subdivision constit.ites an adequate remedy for defaultby the SUBDFVffiER shall be within the sole discretion of CITY.NOW, THEREFORE, in consideration of the approval and recordation by the City Council ofthe final map of the Subdivision, SUBDIVIDER and CITY agree that the above recitals are incorporatedherein and further agree as follows:1. SUBPmPER's Oblieations to Construct Improvements. SUBDTVIDERshall:a. Comply with all the requirements of the Resolution of Approval, and anyamendments thereto, and with the provisions of the Subdivision Laws.b. Complete, at SUBDIVIDER's own expense, all the public improvementwork required on the Tentative Map and Resolution of Approval in confonnance with approvedImprovement Plans and the CITY standards as follows:IMPROVEMENT DEADLINE DATEIMPROVEMENTS (Public):Construction of New 8" V.C.P. Sewer Lateral SEPTEMBER 2026Construction of New 48" Dia Sewer Manhole SEPTEMBER 2026Construction of New Water meter service lines SEPTEMBER 2026Construction of new Parkway Drain SEPTEMBER 2026Construction of3.5'x5.5' Tree Well SEPTEMBER 2026Reconstruction of Sidewalk SEPTEMBER 2026Reconstmction of curb & gutter SEPTEMBER 2026Reconstmction of Portland cement concrete driveway SEPTEMBER 2026ApproachesGrind and Overlay Existing Pavement SEPTEMBER 2026SUBDrVTDER agrees that CITY may impose necessary changes to thescope of the improvement work if CITY determines that such changes are necessaiy and incidental tothe successful completion and function of the improvements or required to meet CITY'S standards.c. Furnish the necessary materials for completion of the publicimprovements in conformity with the Improvement Plans and CITY standards.d. Acquire and dedicate, or pay the cost of acquisition by CITY, of allrights-of-way, easements and other interests in real property for construction or installation of the publicimprovements, firee and clear of all liens and encumbrances. The SUBDFVIDER's obligations withregard to acquisition by CITY of off-site rights-of-way, easements, and other interests in real propertyshall be subject to a separate agreement between SUBDFVIDER and CITY. SUBDTVIDER shall alsobe responsible for obtaining any public or private drainage easements or authorization to accommodatethe Subdivision.Subdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 3 of 1465186.00213\4I067305.2
e. Commence construction of the improvements by the time established inSection 21 of this Agreement and complete the improvements by the deadline stated in Paragraph l(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 thecompletion and acceptance of the public improvements by CITY.g. Install street name signs conformmg to CITY standards. If permanentstreet name signs have not been installed before acceptance of the improvements by CITY,SUBDFVIDER shall install temporary street name signs according to such conditions as the CityEngineer may require.2. Acquisition and Dedication of Easements or Riehts-of-Way. If any of thepublic improvement and land development work contemplated by this Agreement is to be constructed orinstalled on land not owned by SUBDIVIDER, no construction or installation shall be commencedbefore:a. The offer of dedication to CITY of appropriate rights-of-way, easementsor other interest m real property, and appropriate authorization from the property owner to allowconstruction or installation of the improvements or work, orb. 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, orc. The issuance by a court of competent jurisdiction pursuant to the StateEminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with theorder of possession.3. Security. SUBDmDER shall at all times guarantee SUBDTVIDER'sperformance of this Agreement by furnishing to CITY, and mamtaining, good and sufficient security asrequired by the Subdivision Laws on forms approved by CITY for the purposes and in the amountsrequired by Downey Municipal Code Section 9942.1 and as follows:a. To assure faithful performance of this Agreement in regard to saidimprovements in an amount of 100% of the estimated cost of the improvements; andb. To secure payment to any contractor, subcontractor, persons rentingequipment, or furnishing labor, materials for the improvements required to be constructed or installedpursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements;andc. As provided in Section 10(a) below, SUBDrVD)ER shall guarantee andwarrant the work done pursuant to Section 1 of this Agreement for a period of one year after finalacceptance by the City Council of the work and improvements against any defective work or labor doneor defective materials furnished (the "Warranty Period") in the additional amount of 10% of the estimatedcost of the improvements; andSubdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 4 of 1465186.00213\41067305.2
d. SUBDIVmER shall also furnish to CITY good and sufficient securityin the amount of 100% of the estimated cost of setting Subdivision monuments as stated previously inthis Agreement.The securities required by this Agreement shall be kept on file with theCity Clerk. The terms of the security documents referenced on Page 1 of this Agreement are incorporatedinto this Agreement by this reference. Should, in the opinion of the City Engineer of the City, the amountof the security become insufficient for improvements required by this Agreement, SUBDFVIDER shallrenew the security in an amount deemed sufficient by the City Engineer within ten (10) days afterreceiving notice from the City Engineer of the additional amount required. If any security is replaced byanother approved security, the replacement shall be filed with the City Clerk and, upon filing, shall bedeemed to have been made a part of and incorporated into this Agreement. Upon filing of a replacementsecurity with the City Clerk, the former security may be released.4. Alterations to Improvements Plans.a. Any changes, alterations or additions to the improvement plans andspecifications or to the improvements, not exceeding 10% of the original estimated cost of theimprovement, which are determined by CITY to be necessary and incidental to the successful completionand function of the improvements or required to meet CITY standards, shall not relieve the improvementsecurity given for faithful performance of this Agreement. In the event such changes, alterations, oradditions exceed 10% of the original estimated cost of the improvement, SUBDWIDER shall provideimprovement 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 completedpartial releases allowed by Paragraph 6 of this Agreement.b. SUBDIVD)ER shall construct the improvements in accordance withCITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the rightto modify the standards applicable to the Subdivision and this Agreement, when necessary to protect thepublic safety or welfare or comply with applicable State or Federal law or CITY zoning ordinances. IfSUBDrVIDER requests and is granted an extension of time for completion of the improvements, CITYmay apply the standards in effect at the time of the extension.5. Observation of Construction. SUBDIVIDER shall at all times maintainproper facilities and safe access for observation of the public improvements by the CITY and to the shopswherein any work is in preparation. Upon completion of the work, SUBDTVIDER may request a finalwaFk 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 thisAgreement, then the City Engineer shall recommend acceptance of the public improvements to the CityCouncil. No improvements shall be finally accepted unless all aspects of the work have been determinedto have been completed in accordance with the Improvement Plans and CITY standards. SUBDIVIDERshall bear all costs of the CITY observation of construction.Subdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 5 of 1465186.00213\41067305.2
6. Release of Securities. The securities required by this Agreement shall bereleased as follows:a. Security given for faithful performance of any act, obligation, work oragreement shall be released upon the final completion and acceptance of the act or work, subject to theprovisions of subsection (b) hereof.b. Security given to secure payment to the contractor, his or hersubcontractors and to persons furnishing labor, materials or equipment shall, six months after thecompletion and acceptance of the work, be reduced to an amount equal to the total claimed by allclaunants for whom lien have been filed and of which notice has been given to the legislative body, plusan amount reasonably determined by the City Engineer to be required to assure the performance of anyother obligations secured by the security. The balance of the security shall be released upon thesettlement of all claims and obligations for which the security was given.c. No security given for the guarantee or warranty of work shall be releaseduntil the expiration of the Warranty Period and until any and all claims filed during the warranty periodhave been settled. As provided in Paragraph 10, the Warranty Period shall not commence until fmalacceptance of all the work and improvements by the City Council. The City Engineer will put an item onthe next available City Council meeting for purposes of release of the balance of any and all remainingfunds.d. CITY may retain from any security released an amount sufficient tocover costs and reasonable expenses and fees, including reasonable attorneys' fees.7. Injury to Public Improvements, Public Property or Public UtilitiesFacilities. SUBDIVIDER shall replace or have replaced, or repair or have repau-ed, as the case may be,all public improvements, public utilities facilities and surveying or subdivision monuments which aredestroyed or damaged as a result of any work under this Agreement. SUBDIVIDER shall bear the entirecost of replacement or repairs of any and all public or private utility property damaged or destroyed byreason of any work done under this Agreement, whether such property is owned by the United States orany agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITYor any public or private utility coiporation or by any combination of such owners. Any repair orreplacement shall be to the reasonable satisfaction, and subject to the reasonable approval, of the CityEngineer.8. Permits. SUBDrVffiER shall, at SUBDmDER's expense, ensure that his/hercontractors obtain all necessary permits and licenses for the construction and installation of theimprovements, give all necessary notices and pay all fees and taxes required by law.9. Default of SUBDTVroER.a. Default of SUBDWIDER shall include, but not be limited to,SUBDFVIDER's failure to timely commence construction as provided in Section 21 of this Agreement;SUBDFVIDER's failure to timely cure any defect in the improvements; SUBDIVIDER's failure toSubdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 6 of 1465186.00213\41067305.2
perform substantial construction work for a period of 20 calendar days after commencement of the work;SUBDIVD)ER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy eithervoluntary or involuntary which SUBDIVIDER fails to discharge within 30 days; the commencement ofa foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in avoidanceof foreclosure; or SUBDIVffiER'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 forbreach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to thissection, to draw upon or utilize the appropriate security to mitigate CITY'S damages in event of defaultby SUBDIVIDER. The right of CITY to draw upon or utilize the security is additional to and not inlieu of any other remedy available to CITY. It is specifically recognized that the estimated costs andsecurity 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 therequired improvements. The sums provided by the improvement security may be used by CITY for thecompletion of the public improvements in accordance with the improvement plans and specificationscontained herein.In the event of SUBDTVTDER's default under this Agreement,SUBDIVTDER authorizes CITY to perform such obligation 20 days after mailing written notice ofdefault to SUBDFVmER and to SUBDrVffiER's sm-ety, and agrees to pay the entire cost of suchperformance by CITY.CITY may take over the work and prosecute the same to completion, bycontract or by any other method CITY may deem advisable, for the account and at the expense ofSUBDmDER, and SUBDIVmER's surety shall be liable to CITY for any excess cost or damagesoccasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possessionof, and utilize m completing the work, such materials, appliances, plant and other property belongmg toSUBDIVIDER as may be on the site of the work and necessary for the performance of the work.c. Failure of SUBDIVD)ER to comply with the terms of this Agreementshall constitute consent to the filing by CITY of a notice of violation against all the lots in theSubdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedyprovided by this subsection c. is in addition to and not in lieu of other remedies available to CITY.SUBDmDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in thediscretion of CITY.d. In the event that SUBDFVTDER fails to perform any obligationhereunder, SUBDFVIDER agrees to pay all costs and expenses incurred by CITY in securingperformance of such obligations, including costs of suit and reasonable attorneys' fees.e. The failure of CITY to take an enforcement action with respect to adefault, or to declare a breach, shall not be construed as a waiver of that default or breach or anysubsequent default or breach ofSUBDFVmER.Subdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 7 of 1465186.00213\41067305.2
10. Warranty.a. As provided in Section 3(c) above, SUBDFVIDER shall guarantee orwarranty the work done pursuant to Section 1 of this Agreement through the expiration of the WarrantyPeriod. If within the Warranty Period any work or improvement or part of any work or improvementdone, furnished, installed, constructed or caused to be done, furnished, installed or constructed bySUBDFVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans andspecifications 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 orstructure. SUBDIVIDER further acknowledges and understands within the Warranty Period as theproject is accepted as final, SUBDWIDER will bear the total responsibility for all repair and/orreplacement of the improvements as installed, reserving to SUBDIVIDER the right of recourse orindemnity against any third party who causes damage to such improvements. Should SUBDIVIDERfail to act promptly or in accordance with this replacement, SUBDIVIDER hereby authorizes CITY, atCITY'S option, to perform the work 20 days after mailing written notice of default to SUBDIVIDERand to SUBDFVffiER's surety, and agrees to pay the cost of such work by CITY. Should CITYdetermine that an urgency requires repairs or replacements to be made before SUBDIVD^ER can benotified, CITY may, in its sole discretion, make the necessary repairs or replacement or perform thenecessary work and SUBDFVIDER shall pay to CITY the cost of such repairs.b. SUBDIVIDER's warranty shall include the responsibility for themaintenance of landscaping improvements installed pursuant to Section 1 of this Agreement.SUBDTVIDER shall provide on-going maintenance of landscape improvements installed pursuant toSection 1 of this Agreement for the Warranty Period. The responsibility for the maintenance oflandscape improvements shall include, but not be limited to, the repair, replacement or replanting ofany landscaping of deteriorating condition as directed by the City Maintenance ServicesSuperintendent.11. SUBDWffiER Not Aeent of CITY. Neither SUBDWIDER nor any ofSUBDFVIDER's agents or contractors are or shall be considered to be agents of CITY in connectionwith the performance of SUBDIVIDER's obligations under this Agreement.12. Injury to Work. Until such time as the improvements are accepted by CITY,SUBDFVffiER shall be responsible for and bear the risk of loss to any of the improvements constmctedor installed. Until such time as all improvements required by this Agreement are fully completed andaccepted by CITY, SUBDFVIDER will be responsible for the care, maintenance of, and any damage tosuch improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsiblefor any accident, loss or damage, regardless of the cause, happening or occurring to the work orimprovements specified in this Agreement prior to the completion and acceptance of the work orimprovements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER.Subdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 8 of 1465186.00213\41067305.2
13. Other Agreements. Nothing contained in this Agreement shall preclude CITYfrom 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 sewermains, or other improvements, pursuant to the provisions of CITY ordinances providing therefore, norshall anything in this Agreement commit CITY to any such apportionment.14. SUBDIVffiER's ObUeation to Warn Public Durins Construction. Untilfinal acceptance of the u-nprovements, SUBDFVIDER shall give good and adequate warning to thepublic of each and every dangerous condition existent in said improvements, and will take all reasonableactions to protect the public from such dangerous condition.15. Vesting of Ownership. SUBDFVIDER warrants that it has an interest in thereal property that comprises the Subject Final Map. Upon acceptance of the work on behalf of CITYand recordation of the Notice of Completion, ownership of the improvements constructed pursuant tothis Agreement shall vest in CITY.16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shallbe made by the City Council upon recommendation of the City Engineer after fmal completion of allimprovements. The City Council shall act upon the Engineer's recommendation within 30 days from thedate the City Engineer notifies the City Council that the work has been finally completed, as provided inParagraph 5. Such acceptance shall not constitute a waiver of defects by CITY.17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall notbe liable for any injury to persons or property occasioned by reason of the acts or omissions ofSUED WIDER, its agents or employees in the performance of this Agreement. SUBDTVIDER furtheragrees to protect, indemnify, and hold harmless CITY, its officials and employees from any and allclaims, demands, causes of action, liability or loss of any sort, because of, or arising out of, acts oromissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, includingall claims, demands, causes of action, liability, or loss because of, or arising out of, m whole or in part,the design or construction or both of the improvements. This inderruiification and agreement to holdharmless shall extend to injuries to persons and damages or taking of property resulting from the designor constmction or both of said Subdivision, and the public improvements as provided herein, and inaddition, injuries to adjacent property owners as a consequence of the diversion of waters from the designor construction or both of public drainage systems, streets and other public improvements. Acceptanceby CITY of the improvements shall not constih.ite an assumption by the CITY of any responsibility forany damage or taking covered by this paragraph. CITY shall not be responsible for the design orconstruction of the Subdivision or the improvements pursuant to the approved improvement plans ormap, regardless of any negligent action or inaction taken by CITY m approving the plans or maps, unlessthe particular improvement design was specifically required by CITY over written objection bySUBDFVIDER submitted to the City Engineer before approval of the particular improvement design,which objection indicated that the particular improvement design was dangerous or defective andSubdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 9 of 1465186.00213VH067305.2
suggested an alternative safe and feasible design. Provisions of this paragraph shall remain m full forceand effect for 10 years following the final acceptance by the CITY of the improvements. It is the intentof this section that SUBDTVIDER shall be responsible for all liability for design and construction of theimprovements installed or work done pursuant to this Agreement and that the City shall not be liable forany negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, orcorrecting any plans or specifications or in approving, reviewing or inspecting any work or constmction.The miprovement security shall not be required to cover the provisions of this paragraph. Therequirements as to the types and limits to be maintamed by SUBDIVIDER, and any approval of suchinsurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities andobligations otherwise assumed by SUBDIVD3ER pursuant to this Agreement, including, withoutlimitation, to the provisions concerning mdemnification.18. Before commencing performance under this Agreement, and at all other timesthis Agreement is in effect, SUBDFVIDER must procure and maintain insurance in the type and coveragelimits, and other requirements, required by the CITY.19. Sale or Disposition of Subdivision. Sale or other disposition of this propertywill not relieve SUBDFVTDER from the obligations set forth herein. SUBDIVmER agrees to notifyCITY in writing at least 30 days in advance of any actual or pending sale or other disposition of theproperty. If SUBDIVIDER sells the property or any portion of the property within the Subdivision toany other person, SUBDTVIDER may request a novation of this Agreement and a substitution ofsecurity. Upon approval of the novation and substitution of securities, SUBDrVD)ER may request arelease or reduction of the securities required by this Agreement. Nothing in the novation shall relieveSUBDFVIDER of the obligations under Paragraph 17 for the work or improvement done bySUBDIVmER.20. Time of the Essence. Time is of the essence of this Agreement.21. Time for Commencement of Work/Time Extensions. SUBDWIDER shallcommence substantial construction of the improvements required by this Agreement not later than nine(9) months prior to the time for completion. In the event SUBDTVIDER is unable to complete theimprovement work by the deadline, a written request to extend the deadline shall be submitted to the CityEngineer at least four (4) weeks in advance of the deadline, and said request will be presented to the CityCouncil for consideration. At that time, the City Council shall have the option of terminating or extendingthis Agreement. If an extension of the deadline is allowed, the City Council may require additionalsecurities, including, but not limited to, forfeitable cash deposits, to guarantee construction of the publicimprovements by the extended deadline. The City Council shall be the sole and final judge as to whetheror not good cause has been shown to entitle SUBDFVIDER to an extension. Delay resulting from an actof CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by agovernment action beyond the control of SUBDIVIDER in response to the COVID-19 virus therebypreventing construction (a "COVID-19 Delay"), or by storm or inclement weather which prohibits theconducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constituteSubdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 10 of 1465186.00213\41067305.2
good cause for an extension of the time for completion. As a condition of such extension, the CityManager may require SUBDIVIDER to furnish new security guaranteeing performance of thisAgreement as extended in an increased amount as necessary to compensate for any increase inconstruction costs as reasonably determined by the City Engineer.22. No Vesting of Rights. Performance by SUBDFVTOER of this Agreement shallnot be constmed to vest SUBDrVIDER's rights with respect to any change in any zoning or building lawor ordinance.23. Notices. All notices required or provided for under this Agreement shall be inwriting and delivered in person or sent by mail, postage prepaid and addressed as provided m this section.Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in theUnited States Mail. Notices shall be addressed as follows unless a written change of address is filed withCITY:CITY: CityofDowneyPublic Works Department11111 Brookshire AvenueDowney, CA 93446Attention: Matt Baumgardner, P.E., Director of Public WorksSUBDmDER: Olson Urban V - Downey 2, LLC3010 Old Ranch Parkway, Suite 100Seal Beach, CA 9074024. Severability. The provisions of this Agreement are severable. If any portion ofthis Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shallremain 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 referenceonly and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, ormeaning of any provisions of this Agreement.26. Litieation or Arbitration. In the event that suit or arbitration is brought toenforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs andreasonable attorneys' fees.27. Incorporation of Recitals. The Recitals to this Agreement are herebyincorporated into the terms of this Agreement.28. Entire Aereement. This Agreement constihites the entire Agreement of theparties with respect to the subject matter. All modifications, amendments, or waivers of the terms of thisAgreement must be in writing and signed by the appropriate representatives of the parties. In the case ofCITY, the appropriate party shall be the City Manager.Subdivision Improvement Agreement - Final Map No. 84168_ 7360 Foster Bridge Bl{3274213.3} Page 11 of 1465186.00213\41067305.2
IN WITNESS WHEREOF, this Agreement is executed by crm, by and through its Mayor.
CITY:crrY OF DOWNEY
a Callfonda municipal corporation
By :
Mayor, Mario Trujillo
ATTEST:
Maria Alicia Duane, CMC, City Clerk
APPROVED TO FORM:
UK?h/ f-a
M. Funk, City AttorneyJ
suBDrv[DER:OLSON URBAN V . DOWNEY 2, LLC,
a Delaware limited liability company
By:-sa 4+hched –
D.U Wk29,ge&t
(SIGNATURES MUST BE NOTARIZED)
{32742133 }
651 86.0021 3 41067305.2
Subdivision Improvement Agreement - Final Map No. 84168_ 7360 Faster BrIdge BI
Signature Block -Olson Urban V - Downey 2, LLCOFFICIAL SIGNATURE BLOCK FORMAT:OLSON URBAN V - DOWNEY 2, LLCa Delaware limited liability companyBy: OLSON URBAN COMMUNITIES V, LLCa Delaware limited liability companySole MemberBy: OLSON URBAN VENTURES V, LLCa Delaware limited liability companySole MemberBy: OLSON URBAN HOUSING, LLCa Delaware limited liability companyOperating MemberBy: IN TOWN LIVING, INC.a Delaware corporationManaging MemberBy:_Name:Title:x^-^WfQ^rtA,^^)^'^l^r/^A'+-V-- '^. kBy:_Name: I'.f^i^i^Y C r^Title: CJP^Q:\Corporate\Legal Entities\2022 OUV V SPE Formation Templates
A notary public or other officer completing this certificate verifies only theidentity of the individual who signed the document to which this certificate isattached, and not the truthfubiess, accuracy, or validity of that document.STATE OF CALIFORNIA )) ssCOUNTY OF ORANGE )On August 23, 2024 before me, N. Steinkellner, Notary Public, personally appeared William Holford &Christopher Campbell who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfof which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphis true and correct.WITNESS my hand and official seal.\^ //Lfc^(SEAL)-B»^ttrrfi>.^ ,T| A A A ^N. STEINKELLNERNotary Public - California ^Orange County | Notary PublicMySS^^S State of Californias Mar 3, 2025
ACKNOWLEDGMENTState of.S3.County ofOn _, 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) whosename(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed thesame in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s) or the entity upon behalf of which the person(s) acted, executed the instrument.Witness my hand and official seal.SignatureACKNOWLEDGMENTState of.ss.County ofOn _, before me, _ _(here insert name and title of the officer)personally appearedpersonally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whosename(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed thesame in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s) or the entity upon behalf of which the person(s) acted, executed the instrument.Witness my hand and official seal.SignatureACKNOWLEDGMENTState 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) whosename(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed thesame in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument theperson(s) or the entity upon behalf of which the person(s) acted, executed the instrument.Witness my hand and official seal.Signature{3274213.3} Page 13 of 1465186.00213\41067305.2
EXHIBIT ABasis for Estimated Cost ofConstmction of Public Improvementsand Performing Land Development Work(See Attached)FILE/CASE: TRACT MAP NO. 84168LOCATION: 7360 FOSTER BRIDGE BLItem No.DescriptionQuantity&UnitUnit PriceAmountPublic Street Improvements123456789101112Remcno Existing Driveway ApproachSawcut & Removs Existing PavementRemove Existing Curb & GutterRemove Existing SidewalkConstructs" Concrete Curb & GutterConstruct New Driwway ApproachConstruct 4-lnch Thick Concrete SidewalkSawcutRemovs and Replace AC (Full Depth) Min. 1-foot widthConstruct New Parkway DraignRelocate Existing No Parking SignConstruct 3.5'x5,5'Tree WellsGrind and Overlay Existing Payment (1.5-inch Minimum)385 SF320 LF320 LF2,410 SF320 LF465 SF2,335 SF320 LF1 EA1 EA7 EA9,765 SF$5.00$5.00$7.50$5.00$50.00$15.00$12.00$20.00$10,000.00$500.00$500.00$10.00$1,925.00$1,600.00$2,400.00$12,050.00$16,000,00$6,975.00$28,020.00$6,400.00$10,000.00$500.00$3,500.00$97,650.00Public Water Improvements13141516171819202122Hot Tap4-lnch DIP6-lnch DIP4-lnch Detector Check Valve3-lnch Domestic Water Meter3-lnch Backflow ProtectorIrrigation Backflow ProtectorInstall New Fire HydrantUpgrade Existing Fire HyirantRemove and Reconstruct Existing Pavement4 EA75 EA10 EA3 EA1 LS1 LS1 LS2 EA2 EA250 SF$5,000.00$100.00$125.00$10,000.00$20,000.00$5,000.00$2,500.00$15,000.00$10,000.00TT5.00$20,000.00$7,500.00$1,250.00$30,000.00$20,000.00$5,000.00$2,500.00$30,000.00$20,000.00$3,750.00Public Sewer Improvements23242526Installation of New 8" V.C.P. Sewer MainInstallation of New ManholesRemove and Reconstruct Existing PavementRemove and Reconstruct Existing Sidewalk35 LF|2 EA|310 SF|80 SF|$80.00$10,000.00$10.00$15.00SubtotalContingency (15%)One-year Guarantee (5%)Attorney and Inspection FeesTotal Estimate$2,800.00$20,000.00$3,100.00$1,200.00$354,120.00$53,118.00$17,706.00$25,000.00$449,944.00A-l{3274213.3}65186.00213\41067305.2
Bond NO(S). 0854820Premium $2,565.00FAITHFUL PERFORMANCE BOND(Single Surety Form)WHEREAS, the C\J\ OF DOWNEY, a municipal corporation of the State ofCalifornia ("City"), and OLSON URBAN V-DOWNEY 2. LLC A DELAWARE LIMITEDLIABILITY COMPANY as principal ("Principal") have entered into an agreement entitledTRACT MAP NO.: 84168. RESOLUTION OF APPROVAL NO.: 24-8242, incorporatedherein by reference and referred to as the "Contract," which requires Principal to installand complete certain designated public improvements; and,WHEREAS, under the terms of the Contract and prior to commencingany work under the Contract, the Principal is required to furnish a bond toCity for the faithful performance of the Contract.NOW, THEREFORE, we the Principal and HARCO NATIONALINSURANCE COMPANY, which is a corporation duly authorized andadmitted to transact business and issue surety bonds in the State ofCalifornia ("Surety"), is held firmly bound unto the City in the sum of$450,000.00, for the payment of which sum well and truly to be made, wethe 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'sheirs, executors, administrators, successors, or assigns shall in all thingsstand to and abide by, and well and truly keep and perform all covenants,conditions, and agreements required to be kept and performed by Principalin the Contract and any changes, additions, or alterations made thereto, tobe kept and performed at the time and in the manner therein specified, andin all respects according to their true intent and meanings, and shall1Downey Performance Bond
indemnify and save harmless City, its officers, employees, and agents, astherein provided, then this obligation shall be null and void; otherwise, itshall be and remain in full force and effect.As a part of the obligation secured hereby and in addition to the sumspecified above, there shall be included all costs, expenses, and fees,including attorney's fees, reasonably incurred by City in successfullyenforcing such obligation, all to be taxed as costs and included in anyjudgment rendered.The Surety, for value received, hereby stipulates and agrees that nochange, extension of time, alteration, or addition to the terms of theContract or to the work to be performed thereunder or to the specificationsaccompanying the same shall in any way affect each of their obligations onthis 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 byauthorized representatives of the Principal and Surety. SIGNED ANDSEALED on AUGUST 21 ST , 20 24PRINCIPAL:OLSON URBAN V-DOWNEY 2, LLC(Principal name) (Seal)BY: **SEE ATTACHED SIGNATURE PAGE'(Signature)Downey Performance Bond
(Print name and Title)Principal address:3010 OLD RANCH PARKWAY #100SEAL BEACH, CA 90740SUREF^:Principal Telephone:(562) 370-2262 X262HARCO NATIOMANNSURANCE COMPANY(Se^l)^AH CAMPBELL/ATTORNEY-IN-FACT(Print name and Titl^)^Surety address:2400 E. KATELLA AVENUE, SUITE 250ANAHEIM, CA 92806Surety telephone:(657) 304-2591Affix Corporate SealsAttach Notary Jurats for All SignaturesAttach Power-of-Attorney if executed by Attorney-in-FactDowney Performance Bond
Signature Block -Olson Urban V - Downey 2, LLCOFFICIAL SIGNATURE BLOCK FORMAT:OLSON URBAN V - DOWNEY 2, LLCa Delaware limited liability companyBy: OLSON URBAN COMMUNITIES V, LLCa Delaware limited liability companySole MemberBy: OLSON URBAN VENTURES V, LLCa Delaware limited liability companySole MemberBy: OLSON URBAN HOUSING, LLCa Delaware limited liability companyOperating MemberBy: IN TOWN LIVING, INC.a Delaware corporationManaging MemberName:Title:'y^^tiphcy/ (an/^(t~^0Q:\Corporate\Legal Entities\2022 OUV V SPE Formation Templates
A notary public or other officer completing this certificate verifies only theidentity of the individual who signed the document to which this certificate isattached, and not the truthfulness, accuracy, or validity of that document.STATE OF CALffORNIA )) ssCOUNTY OF ORANGE )On August 23, 2024 before me, N. Steinkellner, Notary Public, personally appeared William Holford &Christopher Campbell who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aresubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theirauthorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalfof which the person(s) acted, executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraphis true and correct.WITNESS my hand and official seal.N. STEINKEtlNERNotary Public - CaliforniaJ^anse^u"^. I Notary PublicCommission If 2349954My Comm. Expires Mar 3, 2025 & State of California(SEAL) " ~ ~ u.«-w»-» u. » •„ ur
CALIFORNIA JURATA Notary Public or other officer completing this certificate verifies only the identity of theindividual who signed the document to which this certificate is attached, and not the truthfulness,accuracy, or validity of that document.State of CaliforniaCounty of Los AngelesSubscribed and sworn to (or affirmed) before me on _AUG 2 1 2024 _, bySarah Campbell, proved to me on the basis of satisfactory evidence to be the person(s) whoappeared before me.ETHANSPECTOR [ Signature_Notary Public. ^California j Ethan Spector, Notary PublicLos Angeles CountyCommission #2466163My Comm. Expires Oct 11, 2027
POWER OF ATTORNEY Bond # 0854820HARCO NATIONAL INSURANCE COMPANYINTERNATIONAL FIDELITY INSURANCE COMPANYMember companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws ofthe State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of NewJersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute andappointD. GARCIA, SANDRA CORONA, ETHAN SPECTOR, JENNIFER OCHS, ALYSHA MENDOZA, SAFy\H CAMPBELL, MB NEELY, CHASE SEYFORTH, JANINAMONROE, MARINA TAPIA, KD WAPATO, EDWARD C. SPECTOR, ERIN BROWN, SIMONE GERHARD, JAREN A. MARX, RACHEL A. MULLEN, B. ALEMANLos Angeles, CAtheir true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts ofindemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contractor otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONALINSURANCE COMPANY and INTERNATIONAL FIDELn-Y INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same hadbeen duly executed and acknowledged by their regularly elected officers at their principal offices.This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANYand INTERNATIONAL FIDELITV INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board ofDirectors of INTERNATIONAL FIDELITT INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board ofDirectors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018."RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of theCorporation shall have the power to appoint, and to revoke the appointments of, Attomeys-in-Facf or agents with power and authority as defined or limitedin their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings,recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporationmay appoint and revoke the appointments of Joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to executewaivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixedby facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other writtenobligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by theCorporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the sameforce and effect as though manually affixed."IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONALFIDELITV INSURANCE COMPANY have each executed and attested these presentsonthls 31st dayof December, 2023 ........<.^.ws.u.^:--.STATE OF NEW JERSEY STATE OF ILLINOIS /^o^0^^'-.County of Essex c_^p County of Cook :3v<Jc.c A i'<?\<?i^: Q -~-.0.\ 108< .-•'..? ;'w^^yMichael F. Zurcher '•,"^ "•^••" ^,Executive Vice President, Harco National Insurance Company ''•....,.••''and International Fidelity Insurance CompanyOn this 31st day of December, 2023 , before me came the individual who executed the preceding instrument, to me personally known, and,being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY andINTERNATIONAL FIDELITV INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that thesaid Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies.IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark,/ d'.- ••<^\ New Jersey the day and year first above written..••<.OT4/?^\ \^.^B^/^l QO^ G^'•-..'^,;:.....- ••^-J/'"<OFNE\N ^.-'My Commission Expires April 1 6,2029Cathy Cruz a Notary Public of New JerseyCERTIFICATIONI, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITT INSURANCE COMPANY do hereby certifythat I have compared the foregoing copy of the Power of Attorney and affldavit, and the copy of the Sections of the By-Laws of said Companies as setforth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of thewhole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect.IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, AUGUST 21 2024A00984Irene Martins, Assistant Secretary
MEMORANDUM
Date: October 21, 2024
To: Brian Aleman, Associate Engineer
From: Alfonso Hernandez, Principal Planner
Subject: Final Tract Map No. 84168
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On October 16, 2024, the Planning Commission considered Final Tract Map No. 84168 (PLN- 23-00035), to subdivide a parcel for the purpose of establishing townhomes. After considering all written and oral testimony, the Planning Commission adopted a consent calendar action recommending the City Council approve Final Tract Map No. 84168. The Planning Commission approved the consent calendar action unanimously.