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Resolution No. 7776r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P.YM P�:l M- f RESOLUTION NO. 7776 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND DYNAMIC BUILDERS, INC. REGARDING FINAL PARCEL MAP PUBLIC IMPROVEMENTS F WHEREAS, Dynamic Builders, Inc. ("Dynamic") owns fee title to a tract of land situated at the southeast corner of 55th Street and JAlameda Street in the City of Vernon; and WHEREAS, on February 26, 2001, the City Council of the City of Vernon approved a Tentative Parcel Map submitted by Dynamic proposing to subdivide one parcel into two, subject to twelve (12) conditions which included the installation and construction of various public improvements; and WHEREAS, Dynamic has submitted for approval by the City Council of the City of Vernon Final Parcel Map No. 26031 respecting the aforementioned tract in accordance with Ordinance No. 1048; and WHEREAS, the City staff has reviewed the Final Parcel Map submitted and determined that Dynamic has yet to comply withthree(3) of the twelve (12) conditions; and WHEREAS, in accordance with the Subdivision Map Act, Government Code Section 66410 et seq., the City of Vernon can require Dynamic to agree to complete certain public improvements at the expense of Dynamic; and WHEREAS, the City of Vernon and Dynamic desire to set forth the terms and conditions for the completion of certain public improvements which the City of Vernon deems necessary. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE It t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement Between Subdivider and the City of Vernon Regarding Final Parcel Map Public Improvements, a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Agreement to: Dynamic Builders, Inc. Attn. Rand Freeman 2114 S. Hill Street Los Angeles, Ca 90007 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 23rd day of May, 2001. (ATTEST: IBRUCE V. MALKENHORST, City Clerk LEONIS C. MALB G, Mayor - 2 - Z # t •.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7776, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, May 23, 2001, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) v BRUCE V. MALKENHORST, City Clerk - 3 - EXHIBIT 0 AGREEMENT BETWEEN SUBDIVIDER AND THE CITY OF VERNON REGARDING FINAL PARCEL MAP PUBLIC IMPROVEMENTS THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of- day of May, 2001. BY AND BETWEEN ENIt� 1 1 1 171 1 1 2 2 2 2 2 25 2 27 28 CITY OF VERNON, a municipal corporation (hereinafter referred to as "the City") 4305 Santa Fe Avenue Vernon, California 90058-0805 DYNAMIC.BUILDERS, INC., a California Corporation (hereinafter referred to as "Subdivider") 2114 S. Hill Street Los Angeles, CA 90007 RECITALS WHEREAS, Subdivider owns fee title to that certain tract of land situated in the.City of Vernon, Los .Angeles, County, California, at the southeast corner of 55t Street and Alameda Street; and WHEREAS, on February 26, 2001, the City approved a tentative parcel map submitted by Subdivider, subject to twelve (12) conditions which included the installation and -construction of various public improvements; and WHEREAS, a final parcel map of the above tract prepared in accordance with the provisions of Ordinance No. 1048 has been filed by Subdivider with the City to be approved by the City Council of the City; and WHEREAS, the City Staff has reviewed the final parcel t • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 20 21 22 23 24 25 26 27 28 map submitted and determined that Subdivider has yet to comply with condition numbers 1, 2 and 11; and WHEREAS, the City desires to assure that those improvements specified in conditions numbers 1, 2 and'11 will be done in strict accordance with all applicable laws, statutes, ordinances, rules and regulations now in force and effect in the City of Vernon, California, particularly Vernon City Code Section 28.36 (a) which requires full compliance with the Subdivision Map Act; and WHEREAS, consistent with Government Code Section 66462, the City is required as a condition precedent to the approval of final parcel map, to require Subdivider to agree to complete certain public improvements at Subdivider's expense; and WHEREAS, Subdivider declares that it is familiar with, and agrees to comply with the Subdivision Map Act contained in Division 2 of Title 7 of the California Government Code; and WHEREAS, compliance with the City's zoning and setback' requirements is necessary prior to the issuance of an occupancy permit; and WHEREAS, the City requires Subdivider to install and/or construct the various public improvements identified in Exhibit "A" (hereinafter referred to as the "Improvements") and incorporated herein by reference in order to comply with the City's requirements regarding zoning and setback lines; and WHEREAS, Subdivider proposes to perform certain work of improvement on the above tract as specified in this Agreement. it I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 n 21 22 23 24 25 26 27 28 NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL 1PREMISES AND COVENANTS HEREIN SET FORTH, THE PARTIES HERETO 1AGREE AS FOLLOWS: SECTION 1: General Requirements Subdivider shall, at Subdivider's own cost and expense, complete all of the improvements covered by this Agreement to the satisfaction of the City Engineer of the City on or before the first day of November, 2001, at an estimated cost of Two Hundred Twenty -Four Thousand, Four Hundred Twenty -Eight Dollars and No Cents ($224,428.00), including the cost of checking and inspection. This amount is the estimate of the City Engineer and engineers acting for Subdivider. The time for completion may be extended by the City Engineer in writing for good cause Ishown by Subdivider. The City shall approve and accept the final parcel map and any streets offered in the map for dedication for street 1purposes. SECTION 2: Definition and Ownership of Improvements The term "improvements" means grading, paving, curbs and gutters, pathways, storm and sanitary sewers, utilities and streetlights, which shall be shown in detail on an improvement 1plan, profiles, and specifications that have been or are being prepared by the City. The Subdivider shall pay the cost for inspections. All public improvements constructed or installed pursuant to this Agreement, including, but not limited to, water and sewer lines, shall become sole exclusive property of the -City of Vernon, on acceptance of those improvements by the City. FE 2 3 4 5 6 WA 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: Time of Completion All of the above public improvements shall be completed within six (6) months from the date of execution of this Agreement. If Subdivider fails to complete the public improvements within that time period, the City may -complete the work and recover full costs and expenses for the work from (Subdivider, or Subdivider's surety as hereafter provided. The City may require Subdivider, or Subdivider's surety to pay the City in advance, sufficient monies to cover City's cost in completing construction of the public improvements. SECTION 4: Surety Bond Contemporaneously with the execution of this Agreement, Subdivider shall file with the City a surety bond in an amount determined by the City Council pursuant to Government Code Section 66499.3 to guarantee faithful performance of all the provisions of this Agreements and compliance with all of the provisions of the City of Vernon Code, and securing payment to the contractor, its subcontractor, and to persons renting equipment or furnishing labor or materials to them for the improvements required under this Agreement. The bond shall reflect the requirements of Government Code Sections 66499 through 66499.10, and any provisions of the bond and Undertaking Law that are not inconsistent with those Government Code sections. SECTION 5: Effective Date of Contract This Agreement shall not become effective unless and until the subdivision map of the above tract is approved by the City Council of the City and accepted for recordation by the County. 1 Recorder of the County of Los Angeles. 2 SECTION 6: Liability for Nonperformance 3 Neither the City nor any of its officers or agents shall be 4 liable to Subdivider or its contractors for any error or 5 omission arising out of or in connections with any work to be 6 performed under this Agreement. 7 SECTION 7: No Liability for Personal Injuries 8 The City shall not be liable to the Subdivider or to any 9 other person, firm, or corporation, for any injury or damage 10 that may result to any person or property by or from any cause 11 in, on, or about the subdivision of all or any part of the land 12 covered by this Agreement. 13 SECTION 8: Indemnification 14 Subdivider shall indemnify, defend, protect and hold the 15 City and its officers, agents and employees, free and harmless 16 from and against any and all claims, demands, losses, damages, 17 liabilities, fines, charges, penalties, orders, judgments, and 18 all costs and expenses incurred in connection therewith, i 19 including reasonable attorney's fees and costs of defense 20 arising out of or attributable to the negligent or wrongful acts' 21 of Subdivider or its subcontractors, employees or agents in the 22 performance of services under this Agreement, except to the 23 extent arising from or caused by the sole negligence or willful 24 misconduct of the City, its officers, agents or employees. 25 SECTION 9: Liability of Subdivider 26 The Subdivider agrees that the use for any purpose and by 27 any person of any and all of the street and improvements covered 28 by this Agreement shall be at the sole and exclusive risk of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21: 22 I 23 FX's 25 26 27 28 Subdivider at all times prior to final acceptance by the city of the completed street and other improvements provided, however, that acceptance by the City shall in no way eliminate or lessen any of Subdivider's obligations or undertakings contained in this Agreement. The issuance of any occupancy permits by the City shall not be construed in any manner to constitute an acceptance and approval of any or all of the streets and improvements in the subdivision. SECTION 10: Subdivider's Expense The Subdivider shall pay for the following expenses: a. Subdivider shall pay for any materials, provisions, and other supplies or equipment used for the performance of the work covered by this Agreement, and for any related work or labor. b. All required improvements shall be constructed under the inspection of and subject to the approval of the City Engineer. The cost of the inspections shall be 1 paid by Subdivider. C. Sewer and water connection fees as established by the City shall be paid for each parcel in the subdivision. The connection fees shall be paid before the time of connection to any existing sewer or water line, or to any extension of an existing sewer or water line. In the event that the Subdivider sells lots before the sewer and water connection fees are paid no building permit shall be issued for any lot within the subdivision until the sewer and water connection fees are paid. The payment of the connection fees shall be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 18 19 20 21 22 23 24 25 I 26 27 28 the primary obligation of the Subdivider, subject to the right of the City to collect connection fees at the time of issuance of a building permit as provided above. d. Subdivider shall have a preliminary soils report prepared by a civil engineer registered in the State of California, and shall pay for this report. The report shall be based on adequate test borings. e. The Subdivider shall cause to be made and pay for soil tests made by a reputable soils testing laboratory to determine gradation, bearing, and resistance value of soils within the subdivision for purposes of the improvement work covered by this Agreement. Subdivider shall also cause to be made and pay for all compaction tests necessary to determine that the utility trenches have been satisfactorily backfilled. SECTION 11: Approval by City Engineer It is mutually agreed by the parties to this Agreement that', the City Engineer shall have the right to reject any or all of the work to be performed under this Agreement if the work does not conform with the relevant improvement plan and specifications of the ordinances of the City of Vernon. Any damage to the sewer system, utilities, concrete work, or street paving that occurs after installation shall be repaired to the satisfaction of the City Engineer by the Subdivider before the release of the bond or final acceptance of completed work. SECTION 12: Obligations of Subdivider Notwithstanding the fact that plans and specifications used 1 by the Subdivider, the completion of the work, and other acts by 2 the Subdivider are subject to approval of the City, it is 3 understood and agreed that any such approval by the City shall 4 in no way relieve Subdivider of Subdivider's obligation to 5 perform the work in a satisfactory manner, or from Subdivider's 6 obligations under this Agreement. The construction shall be 7 done strictly in accordance with the improvement plan and 8 specifications prepared by the City and in accordance with the 9 Vernon City Code. Subdivider warrants that it will perform its 10 work in a good workmanlike manner and in accordance with sound 11 construction practices. 12 SECTION 13: Warranty 13 Without limiting the foregoing, Subdivider warrants and 14 guarantees materials used and workmanship performed on the work 15for a period of three years after they are completed by the 16 Subdivider and accepted by the City.Engineer. 17 SECTION 14 Notice of Completion i 18 Subdivider shall execute, acknowledge, and record in the 19 manner provided by-law, a notice of completion of the work 20 within seven (7) days after final inspection and approval of the 21 work by the City Engineer. 22 SECTION 15: Relationship of Contractors 23 It is hereby mutually convenanted and agreed by the parties 24 to this Agreement that Subdivider's contractors are not agents 25 of City, and that the contractor's relations to the city if any, 26 are those of independent contractors. 27 SECTION 16: Certification of Satisfactory Completion 28 Upon the satisfactory completion of the improvements by the 1 2 3 4 5 6 7 8 9 10 17 is 19 20 21 22 23 24 25 26 27 28 1 Subdivider, the City Engineer shall certify that the work has been satisfactorily completed. SECTION 17: Assignment This Agreement shall not be assignable by Subdivider without the written constent of the City. SECTION 18: Waiver Any waiver at any time by the City of its rights with respect to any matters arising in connection with this (Agreement, shall not be deemed a waiver with respect to any (other subsequent matter. SECTION 19: Amendment All changes or modifications to this Agreement shall be in Iwriting which states that it is amendment to this Agreement and is signed by both parties or their duly authorized agents. SECTION 20: Recitals All recitals are incorporated by reference. SECTION 21: Entire Agreement This Agreement constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, promises, representations, negotiations, discussion, communications and agreements which may have been made in connection with the subject matter hereof. All exhibits are incorporated by reference. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 23: Governing Law The validity, interpretation and performance of this Agreement shall be controlled and construed under the laws of the State of California as enacted and in force on the date this Agreement is fully executed. SECTION 24: Forum Selection Any action brought relating to this Agreement shall be held exclusively in a State court, in the County of Los Angeles, California. SECTION 25: Notices Any notices, demands, or other communications required or desired to be given or made under the terms of this Agreement shall be in writing and personally served, or served by registered or certified mail, return receipt requested, deposited in the United States Mail with postage thereon fully prepaid andaddressedas follows: CITY Bruce V. Malkenhorst City Administrator City of Vernon 4305 Santa Fe Avenue Vernon, California 90058-0805 SUBDIVIDER DYNAMIC BUILDERS, INC. 2114 S. Hill Street Los Angeles, California 9007 Any notice, demand or other communication shall be deemed given or made on the day personally served, or, if service is by mail, three (3) days following the date such 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 notice was deposited in the United States mail with postage thereon fully prepaid. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the (date, month and year first written above. CITY OF VERNON LEONIS C. MALBURG, Mayor 1 (ATTEST: IBRUCE V. MALKENHORST, City Clerk (APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney D I BUILDE �By : atur 'f=`f! Y A,, Print Name 1 Title *Note: Please type or print names below signatures. I 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" PUBLIC IMPROVEMENTS 1) Improvements shown on the City of Vernon Plans P2465 dated October 18, 2000, P2469 dated October 17, 2006 and P2470 dated October 17, 2000, except the curb return .improvements shown at the southeast corner of 55th Street and Alameda Street and the northeast corner of 57th Street and Alameda Street. CALIFORNMALL-PURPOSE ACKNOWLEDGMENT State of I A - County of LADS L" % _beforeme, Daft Name and T._lle of Of et N g.. lane Ooe. Nnriary PUDKr7 personally appearedk��i� - tvama(a) ersonally known to me — OR — proved to me on the basis of satisfactory. evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisfierttheir authorized capac ity(ies), and that by tiNlaw histherAheir signature(s) on the instrument the person(s), ARIi:t E Commission # 1150 AD or the entity upon behalf of which the person(s) acted, Notary Pubric - Ca rdania executed th ' strument. Z Los Angeles Comity My Comm. Fxpies AU9 9, 2001 WITNESS y nd EMoffi OP77 NAL Though Hie Inkirr W&W below is not nequirild by law, ft Play prove valuable to phone ra"V an the docwneat and could prevent fraud dw* removal and teattachment of fts lorm to another document. Description of Attached Document Title or Type of Document �fplVifL 2'-� a t Number of Pa 1 Z Document Date: g Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: O Individual Corporate Officer Title(s): O Partner — O Limitedeneral O Attorney -in -Fact i] Trustee O Guardian or Conservator O Other: Signer Is Representing: P�* t t-"ic_5 O Individual O Corporate Officer Title(s): O Partner — O Limited O General O Attorney -in -Fact O Trustee O Guardian or Conservator O Other: Signer Is Representing: 0 tA95 National Notary Associatarf • rJ236 Aemmet Ave.. P.O. Box 7184 •Canoga Pack. CA 91309 7184 Plod. No. 5907 Reorder: Gall Tall -Free t-eao,876-M7 FIRST TERM PREMIUM FULLY EARNED Bond No.:3SM 988 678 00 Premium: $4, 208.00 BOND FOR FAITHFUL PERFORMANCE Parcel Map No. 26031 WHEREAS, the City Council of the City of Vernon, State of California, and Dynamic Builders, Inc, hereinafter designated as "Principal", have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements within a two (2) year period and identified as Subdivision Improvement Agreement, Parcel Map No. 26031 , is hereby referred to and made a part hereof; and WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. NOW, THEREFORE, we, the Principal, and AMERICAN MOTORISTS INSURANCE :COMPANY, an. Iiiiiias. corporation, as surety, are _held and firmly bound unto the City of Vernon, hereinafter called "City", in the penal am of Two Hundred Eighty Thousand Five Hundred Thirty Five and No/ 100ths--- . ($ 280, 535; qdawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and aftinistrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof trtade as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true Intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amourit specified therefor, there shall be included costs and reasonable expenses arid fees, including reasonable attorneys fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice _of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. t y Bond No,. 3sM 988 678 00 In *ftms whereof, this instrument has been duly executed by the Principal and surety above named on the 17th day of May ; 2001 . Dynamic Builders, Inc. t Witness. ' By: t personally appeared David Z. Noddle NAW of SIGNER Personally known to me - OR - o+++..«wsusasa e.a...s+w..e...w.M.q,�go,•.� X Lam. #12562;3(1 S NOTMYPUBIC - CALIFOfea is 2 LOS ANGELES CMWTY I �° MY r(4nM. Expires Muctt 16, M . ww�w�wwwe�w�x�,.�,s.�*t rresc4wr�icw� Ic 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(es), 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 OF NOTARY) OPTIONAL Tbough the data below n not required by law, it may prove valuable to persons relying on the document and could p "ent fiwA lent reattachment of this form. CAPACITY CLAMMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT Q INDIVIDUAL BONDS) 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) D PARTNER(S) ❑ LIMITED NUMBER OR PAGES GENERAL ATTORNEY -IN -FACT TRUSTEES) O GUARDIAN/CONSERVATOR Q �� CI OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER OTHER THAN NAME ABOVE I%M" FeR. Home Office: long Grove. If. W049 POWER OF ATTORNEY Know AN Men By These Presents: That the t umbermens Mutual Casualty Company, the American Motorists Insurance Company. and the American Manufacturers Mutual Insures Company. corporations organized and existing under the laws of the State of tints, having their principal office in long Grove. Illinois. (hereinafter collectively referred to as the "Company") do hereby appoint David Z Noddle of Los Angeles. Califomia — thtth � power and d ft"ful ag"s) and attomey(s)-in.faa. to make. execute. seat. and deliver during the period beginning with the date of issuance ending on the date specified below. unless sooner revoked for and on Its behalf as surety. and as their ad and deed; Arty and all bonds and undertakings t: P71ON: NO AUT14ORITY is granted to maim. aoaegrte. Seal and deliver any bond or undatak6p which guaratttees the Of any Promlaaory rhde. check drag or letter of credit. paYmeM oc> This authority does not pertrtit the Sam MWM r<, of as set forth hernia. to be spE ilrto two at more bands in order to bring each such bond win the dollar omit This appointment t may revoked at any time by the Company.. .The execution of to a i sand such bonds and undertakings in purawatce of these presents shall be as binding upon the said Company as fully and amply Grow. IllinoisP rposesposeS, as if the same shad bow duty executed and acknowWged by theU nVuk rl�r elected officers at tlI*pdnckW ofte in LongTHIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This on FebiuWy 1 me ate°0 � bysh y of � W by � � C�trrhl bm of the 80aab of DkedWs; of the Company . Chicago .nois �. true and aaxnate +copies of which are herolrhatter set forth and a%hereby certified to by the undersignod Secretary as being th 9W force and etiMe 'VOTED6 That the Chairman of the soa,d. #tie pte$M64 or any Vice president. or their sppobntees designated M writirig and ffted with the SaaetwY. or the Secretary shall have the powerand authoft to aPPaint agents and attomeys..irh-fad, and to authorize them to execute on behalf of the Company. and attach the neat Of #10 Company thereto. bonds and unden s. eeoognimnces. Gmtrscts of T�nhy and r ' �. obligatory In the rtahme thereat; and any such of lcsrs of the Company may appoint agents for acxepbrrce of procaas • This Power of Atomey is signedt sealed and CWM@d by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Okectots of the Company at a meeting duty called and held on the 23rd day of February. 1988: 'VOTEtl. That the signature of the Chainnan of the Board. the President, any Vice President. or their appointees designated in writing and filed with the Secretary. and the signature of the Secretary. the seal of the Company, and c0dilicallOns by the Secretary, may be affixed by facsimile an any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23. 19M and any such power so W eaded. seated and co tilted with respect to any bond or undertaking to which It is attached, shag continue to be valid and binding upon the Company," In Testimony Whereof. the Company has caused this Instrument to be signed and their corporate seats to be affixed by their authorized officers. this March 20.2000. Attested and Certified: Lumbermen Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company Robert P. Harries. Secretary by J. S. Kemper. Ill. Exec.Vice President ' L a CALIFORNIA .ALL-PURPOSE ACKNOWLEDGMENT State of �*A--W-i ►1,&- County of L-41`3 On before me, �-- iJ t1c� � fZ*t'L4C' Date Name and roe of oniiaer le.g..'Jane Doe. Notary Pud ") personally appeared. i Norse(s) of psi iersonally 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 AR EL E. TnluiDAD� his/her/their signature(s) on the instrument the person(s), Comm ts5or. = a t50625 . Z or the en upon behalf of which the person(s) acted, < Notory Public - Carlltomia executed instrument. �'•; Los Angeles County s My Comm Y s Aug 9, J1, ,.- - WITNE rn h�Cjficia4l-� T hough the urhxmation below is not required by law, it may prove valuable to poisons tWrng on the document and could prevent fraudulent removal and reattachment of this form* to another document Description of Attached Document 9116 � * ZCoo3 t; Tide or Type of Document Document Date: a ti t ©1 Number of Pages: r_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D individual ,Corporate Office Tdle(s): V t 04:�l O Partner — ❑ Limited 0 General D Attomey-in-Fact ❑ Trustee D Guardian or Conservator Other. Signer is Representing: Signer's Name: ❑ individual D Corporate Officer Title(s): D Partner D Limited D General ❑ Attomey-in-Fact ❑ Trustee D Guardian or Conservator ❑ Other I Too of throb Here Signer Is Representing: 0 190 National Notary Assodatan - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309.7184 Prod. No. 5907 Reorder: Catl T*Free 1-800-876-W27 CITY COUNCIL a LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro—Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator / City Clerk FAX (323) 581-7924 Ezz f-0 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 May 16, 2001 Honorable City Council City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Gentlemen: EDUARDO OLIVO City Attorney FAX: (562) 927-8722 KEVIN WILSON Director of Community Services & Water FAX: (323) 588-2761 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 583--1983 STEVEN E. PARKER Fire Chief FAX: (323) 581-1385 BRUCE W. OLSON Police Chief FAX: (323) 583-5236 Dynamic Builders, Inc. has submitted Final Parcel Map No. 26031. They are proposing to subdivide one parcel into two, one being 3.56 acres and the other being 2.51 acres. On February 26, 2001, the City Council approved the Tentative Parcel Map with the following conditions: 1. Reconstruct to City Standards the curb, gutter, sidewalk and associated pavement work on 55t' and 57' Streets to master plan width. The curb and gutter shall be 8 feet from the property line. Appropriate transitions to existing curb and gutter east of the subject property shall be provided. All utility poles, water meters and vaults, fire hydrants, catch basins and any utilities or structures interfering with the relocation of the curb line shall be removed or relocated as part of the construction. Street trees shall be planted in accordance with City Standards, unless on -site landscaping is provided as approved by the City. Said improvements shall be at no cost to the City. 2. Fire hydrants shall be spaced at intervals not exceeding 300 feet in the sidewalk adjoining the project site. Prior to construction, the Vernon Fire and Water Departments shall approve the final location. At minimum one additional fire hydrant will be required at the northeast corner of Alameda and 57th Streets. All existing fire hydrants adjoining the subject property shall be replaced with current City of Vernon standard fire hydrants. Said improvements shall be at no cost to the City. Rand Freeman -2- May 16, 2001 3. Fire access lanes and on -site fire hydrants shall be provided as required by the City of Vernon Fire Department. 4. All storm drainage shall be in accordance with NPDES requirements. The properties shall be graded such that drainage shall not cross property lines except as provided by a drainage easement approved by the City. 5. The parcels shall be provided with utilities. New utilities shall not cross property lines. Any existing utility lines which cross property lines shall be terminated at the property line. Utility easements shall be provided as deemed necessary by the City of Vernon Utilities Department. 6. All structures proposed shall meet the safety clearance required under P.U.C. General Order Number 95. Developer shall be responsible for all costs necessary for the relocation or realignment of electrical circuits. All funds necessary for such improvements shall be paid in advance. 7. Transformer and switchgear must be outdoors or in an electrical room with 24 hours access. Locations must be approved by the Utilities Department. The Developer shall purchase and install, including trenching and backfilling all electrical conduit from riser pole through required manholes to transformer vault and from transformer vault to switch gear. Developer shall be responsible for purchasing and installing transformer vault and manholes. The size and type of all electrical equipment will be determined by Vernon Utilities Department. 9. All non -certified fill areas on the site shall be compacted to a soil density of 90%. All buried substructures, footings and walls shall be removed. All soil work shall be performed in the presence of a soil engineer who shall document that all substructures on the site have been removed and the soil on the site meets the minimum density requirements of the 1997 Uniform Building Code. 10. The Developer shall remove all abandoned water utility vaults in the public right of way adjoining the subject parcels at no cost to the City. 11. The Developer shall repair all broken curb, gutter and sidewalk and replace abandoned driveways with new curb, gutter and sidewalk along Alameda Street adjoining the subject site at no cost to the City. 12. All abandoned wells on the subject site shall be properly destroyed to City requirements. Honorable City Council -3- May 16, 2001 All of the conditions for approval have been met with the exception of conditions 1, 2 and 11, in which case Dynamic Builders, Inc. has submitted a performance bond in favor of the City of Vernon to insure the work required in conditions 1 and 11 will be completed. Additionally, Dynamic Builders has submitted a deposit with the City for the fire hydrant construction as required in condition 2. The County of Los Angeles has checked and approved the map for mathematical accuracy, survey analysis, title information and compliance with the subdivision map act. The project is consistent with the Vernon General Plan as adopted by the City of Vernon, and is consistent with the State Subdivision Map Act. As part of the tentative map approval process it was determined that the project was categorically exempt from the California Environmental Quality Act. It is my recommendation that Parcel Map No. 26031 be approved. Respect 1 submitte , t f S ue in il'sbn, P.E. Director of Community Services & Water SKW/ca Enclosures c: City Attorney Lil -a Ul rm ru 0 Ir ca ru 0 0 ca LO Ir rm _r 0 ru ru 0 0 0 ..a Ul LO S- 19 American Motorists Insurance Company IcemPER. W Bond Number: 3SM 988 678 00 SUBDIVISION BOND LABOR & MATERIAL/PAYMENT KNOW ALL MEN BY THESE PRESENTS: That we, Dynamic Builders, Inc. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, as Surety, are held and firmly bound unto City of Vernon as Obligee, in the sum of Two Hundred Eighty Thousand Five Hundred Thirty Five and No/100ths DOLLARS ($280,535.00) lawful money of the United States of America, for the payment of which- sum well and truly to be made, We bind ourselves jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement with the Obligee, dated May/2001 in which said Principal ,agrees to construct designated public improvements, as follows: Parcel Map No. 26031 and, as a condition of approving„ said Subdivision, the Principal'' is required to give Labor and Material Payment Bond as herein provided. NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials, provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for performance of the work to be done, or any work or labor done of any kind, in or on such improvements, said surety will pay the same in an amount not exceeding the sum set forth above._ This bond shall insure to the benefit of the contractor, his subcontractors, and to persons renting equipment or furnishing labor and materials to them for the improvements. SIGNED, SEALED, DATED: May 17, 2001 Dyn uilders, Inc. American Motor' surance Company (Principal) (Surety) t By: (xg By: �2 ,. fly id ttorney In Fact 0 DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 . FAX (323) 256-7218 .�uvuiv MU11 rdy111G11L r5ona - ub-zJ-vv.Qot 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 y hand and o ic'al seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SURETY DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL BOND(S) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TTLE(S) -------------------- ❑ PARTNER(S) ❑ LIMITED NUMBER OR PAGES ❑ GENERAL ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Motorists Insurance Company Lumbermens Mutual Casualty Comp • •RV • SIGNER OTHER THAN NAME ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of L�;& y—ITV22—i­1i!6- County of On �- + Date personally appeared -" before me,'' 2 1 f �»�y Name and Title of Officer (e.g., "Jane Doe. Notary-15ublic") Name(s) of Signers) 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/t eir signature(s) natures on the instrument theperson(s), r ARIEL E. TRINIDAD 9 () Commission # 1150625 Z or the a tity upon behalf of which the person(s) acted, Z Notary Public - California executed the instrument. Los Angeles County My Comm. Fx,�i es Aug 9, 7oc? f� ) WIT ITN SS y handnd offise try PTIONAL Though the information below is not required bylaw, it ay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: 2-y=\ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L-7-- L� V,4k1-_1(" ❑ Individual Corporate Office Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �y1 M Vj'A�,h�'lC Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee ❑ Guardian or Conservator - ❑ Other: Top o"thumbhere Signer Is Representing 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309-7184 Prod. No. 5907 Reorder: Call Toll -Free 1-800-876.6827 I�empert. ' Home Office: Long Grove, It. 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois, (hereinafter collectively referred to as the "Company") do hereby appoint David Z. Noddle of Los Angeles, California __A. their true and lawful agent(s) and attomey(s)4n-fact, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending on the date specified below, unless sooner revoked for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings ********•***** EXCEPTION: NO AUTHORITY Is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar lknk of authority as set forth herein.._. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31, 2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this March 20, 2000. Attested and Certified: Robert P. Harries, Secretary L S 9Q � � n � � COtI0AAf1011 j t Ap JIM "� We � 41Y ai"* 4h one' by Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company J. S. Kemper, III, Exec.Vice President *American Motorists Insurance Company IVEMPIER. Bond Number: 3SM 988 678 00 SUBDIVISION BOND LABOR & MATERIAL/PAYMENT KNOW ALL MEN BY THESE PRESENTS: That we, Dynamic Builders, Inc. as Principal, and AMERICAN MOTORISTS INSURANCE COMPANY, as Surety, are held and firmly bound unto City of Vernon as Obligee, in the sum of Two Hundred Eighty Thousand Five Hundred Thirty Five and No/100ths DOLLARS ($280,535.00) lawful money of the United States of America, for the payment of which sum well and truly to be made, We bind ourselves jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION I'S SUCH, That, Whereas, said Principal has entered into a Subdivision Agreement with the Obligee, dated May/2001 , in which - said Principal ` agrees to construct designated public improvements, as follows: Parcel Man No 26031 and, as a condition of approving ,said Subdivision, the Principal is required to give Labor and Material Payment Bond as herein provided. NOW, THEREFORE, if said Principal and/or contractor or subcontractor fails to pay for any materials, provisions, or rented equipment used in, upon, or for or about the construction of the public improvements for performance of the work to be done, or any work or labor done of any kind, in or on such improvements, said surety will pay the same in an amount not exceeding the sum set forth above. This bond shall insure to the benefit, of the contractor, his subcontractors, and to persons renting equipment or furnishing labor and materials to them for the improvements. SIGNED, SEALED, DATED': May 17, 2001 Dynamic Builders, Inc. Amerjean Motorists Insurance Company (Principal) (Surety) By: By: David Z. Noddle, Attorney In Fact 0 DIRECT CORRESPONDENCE TO: LOU JONES & ASSOCIATES, PO BOX 41375, 7470 N. FIGUEROA ST., LOS ANGELES, CA 90041 PHONE (323) 257-8291 • FAX (323) 256-7218 ..J..1:, n,. .....J .,....... uwu. - vo-GJ-77.UUL Giron. Nei From: Lehr, Judy Sent: Wednesday, May 23, 2001 4:40 PM To: Orosco, Gloria Cc: Giron, Nelly Subject: Dynamic Builders Importance: High RESOLUTION NO. 7776: A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Agreement By and Between the City of Vernon and Dynamic Builders, Inc. Regarding Final Parcel Map Public Improvements