HomeMy Public PortalAbout12) 7K Final Subdivision Map Approval for Parcel Map No. 72270 Lot Split, 10119 Olive StreetAGENDA
ITEM ?.K.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: July 1, 201 4
TO: The Honorable City Council
FROM: Donald E. Penman, Interim City Manager~
Via: Michael D. Forbes, Community Development Director
By: Adam Gulick, Associate Planner
SUBJECT: FINAL SUBDIVISION MAP APPROVAL FOR PARCEL MAP NO. 72270, A
LOT SPLIT AT 10119 OLIVE STREET
RECOMMENDATION:
The City Council is requested to:
a) Receive the Subdivision Improvement Agreement (Attachment "A");
b) Approve the final subdivision map for Parcel Map No. 72270 and dedications
indicated on the map (Attachment "8");
c) Authorize the Interim City Manager to execute the Subdivision Improvement
Agreement; and
d) Authorize the City Clerk to certify Parcel Map No. 72270.
BACKGROUND:
1. On May 1, 2013, the City received an application proposing a residential lot split on
the property located at 10119 Olive Street.
2. On August 7, 2013, staff held a subdivision meeting with the property
owner/developer, developer's engineer, and the City Engineer to review and discuss
the conditions recommended for the proposed subdivision.
3. On September 10, 2013, at a noticed public hearing, the Planning Commission
reviewed and approved the project.
City Council
July 1, 2014
Page 2 of 2
4. On March 30, 2014, the City Engineer advised the City that the final map prepared
for the lot split subdivision has satisfied all the conditions of the City's approval as
well as the corresponding provisions contained in the State Subdivision Map Act.
5. On June 10, 2014, the applicant submitted the security deposit for works in the right-
of-way as required by the City and signed the Subdivision Improvement Agreement.
ANALYSIS:
The tentative map for the development was approved on September 10, 2013. The
approval of the tenta.tive map was based on the conclusion that the project would be
consistent with the land use designation and with the City's development standards. The
proposed development will create two parcels allowing each lot to develop in accordance
with the R-1 development standards.
The final map has been reviewed and certified by the City Engineer. A security deposit
has been placed with the City and the applicant has signed the City's Subdivision
Improvement Agreement that is required for street improvements. Staff therefore
concludes that the final map for the proposed development is ready for the City's
certification. Certifying the final map will allow the developer to record said map and start
construction of the two single family homes.
CONCLUSION:
Based upon the finding that the final map is in substantial compliance with the tentative
map, staff recommends that the City Council receive security deposit for the street
improvements, authorize the Interim City Manager to execute the Subdivision
Improvement Agreement, and approve the final map for the project.
FISCAL IMPACT:
Approval of this item will not have an impact on the City's budget for Fiscal Year (FY)
2014-15.
ATTACHMENTS:
A. Copy of the Subdivision Improvement Agreement
B. Copy of final map for Parcel No. 72270
RECORDED AT THE REQUEST OF
AND WHEN RECORDED RETURN TO:
(Document exempt from recording fees
pursuant to Cal. Gov. Code§ 27383)
CITY OF TEMPLE CITY
Attn: Don Penman, Interim City Manager
9701 Las Tunas Drive
Temple City, California 91780
Attachment A
THIS SPACE FOR RECORDER'S USE ONLY
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP 72270
By and Between
THE CITY OF TEMPLE CITY,
a municipal corporation
and
DATED -...L..~::::......:::..-A-----=.:U___:___ ___ , 2014
SUBDIVISION IMPROVEMENT AGREEMENT
FINAL PARCEL MAP
This Subdivision Improvement Agreement ("Agreement") is entered into as of this 2.L_
day of M~ . 2014 by and between the City of Temple City, a municipal corporation
("City") and ]io, f2M DwWtnW ftu.. ("Developer"). City and Developer are
sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to
as the "Parties."
RECITALS
A. Developer has submitted to City an application for approval of a final parcel map
for real property located within City, a legal description of which is attached hereto as Exhibit
"A". The parcel map is identified in City records as Parcel Map No. Jl--L-¥ . On
1'1'+4 .;L(/-ort..f, the City conditionall y approved Parcel No. J0(; to .
B. Developer has not completed all of the work or made all of the Public
Improvements required by the Subdivision Map Act (Government Code sections 66410 et ~.),
("Map Act") the City Ordinances, the conditions of approval for Parcel No. }-2.-bj=o , or
other ordinances, resolutions, or policies of City requiring construction of improvements in
conjunction with the subdivision of land.
C. Pursuant to City Ordinances and the applicable provisions of the Map Act,
Developer and City enter into this Agreement for the timely construction and completion of the
Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer
and City Attorney, for Parcel No. 3:.ov2q--0 .
D. City has authority to enter into this Subdivision Improvement Agreement pursuant
to Government Code Sections 66499-66499.10.
E. Pursuant to Government Code Section 66499, Developer's execution of this
Agreement and the provision of the security are made in consideration of City's approval of the
final map for Parcel No. :} )... l>J--o.
DEFINED TERMS
"Developer" shall mean];() 8M fr11/eNfmU\A, f ru. , a ~LP-. ~~~DV\
The term "Developer" shall also include all assignees, to the extent permitted under this
Agreement, of the rights and obligations of Developer under this Agreement, and any successor-
in-interest to Developer having a legal and/or equitable interest in the Property.
"Estimated Costs" shall mean the City Engineer's approximation of the actual cost to construct
the Public Improvements, including the replacement cost for all landscaping.
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"Litigation Expenses" shall mean all costs and expenses, to the extent reasonable in amount,
actually and necessarily incurred by a party in good faith in the prosecution of an action or
proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying
costs, exhibit production costs, special media rental costs, attorneys' fees, fees for investigators,
witness fees (both lay and expert), travel expenses, deposition and transcript costs and any other
cost or expense, the award of which a court of competent jurisdiction may determine to be just
and reasonable.
"Map Acf' shall mean the Subdivision Map Act, Government Code Sections 664 10 et seq.
"Property " shall mean the all of the real property contained within the boundaries of Parcel Map
No. 41..-)...):-l'J located in the City of Temple City, California, as is more particularly
described in the legal description and parcel diagram attached hereto and incorporated hereby by
reference at Attachment "A".
"Public Improvements" shall include, but not be limited to, all grading, roads, streets, paving,
curbs and gutters, sidewalks, paseos, pathways, trails, sanitary sewers, utilities, storm drains,
detention and retention basins and other drainage fac ilities, traffic controls, landscaping, street
lights and all other facilities required to be constructed and dedicated to he City or other public
entity as conditions of approval of Tentative Parcel Map No. )...'\..., and as shown in
detail on the plans, and specifications which have been approved y the City and incorporated
into Parcel Map No. ~2 ... '-to . The Parties agree that the Public Improvements to be
completed by Developer a e more specifically described in the diagram or plan attached hereto
and incorporated herein by reference as Attachment "B. Notwithstanding, Attachment "B",
Developer shall remain obligated to construct and complete all of the Public Improvements
required as conditions of approval for Tentative Parcel Map } )..,)... 1-0 .
"Required Insurance" shall mean the insurance required to be maintained by Developer under
Section 17.
"Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other
security approved by City Engineer or City Attorney.
"Parcel No 1 '-' [_, TD . " shall mean the final map prepared and approved by the City for
tentative parcel map no.-1 );o 1.. J:O ..
"Warranty" shall mean the one year period foll owing completion of the Public Improvements by
Developer and the acceptance of the Public Improvements by the City in which Developer
warrants and guarantees all Public Improvements.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the parties and contained here and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows :
1. EFFECTIVENESS. This Agreement shall not be effective unless and until all
four (4) of the following conditions are satisfied in the order provided:
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1.1 Securitv. Developer provides City with the Security of the type and in the
amounts required by this Agreement;
1.2 Final Map and Agreement Approval. The C ity Council of the City
("City Council") approves the final map for Parcel No. 1=)..-"t.-1-0 and this Agreement;
1.3 Record Agreement. Developer and City execute the Agreement and City
records this Agreement in the Recorder's Office of the County ofLos Angeles; and
1.4 Record Final Map. Developer records the final map for Parcel No.
in the Recorder's Office of the County of Los Angeles.
If the above described conditions are not satisfied in the order, manner and within the time
provided under this Agreement, this Agreement shall automatically terminate without need of
further action by either City or Developer.
2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at
its own cost, expense, and liability the Public Improvements, as defined herein, within the time
and in the manner required under this Agreement. Construction of the Public Improvements
shall include any transitions and/or other incidental work deemed necessary for drainage or
public safety. The Developer shall be responsible for the replacement, relocation, or removal of
any component of any irrigation water or sewer system in conflict with the construction or
installation of the Public Improvements. Such replacement, relocation, or removal shall be
performed to the complete satisfaction of the City Engineer and the owner of such water or sewer
system. Developer further promises and agrees to provide all equipment, tools, materials, labor,
tests, design work, and engineering services necessary or required by City to fully and
adequately complete the Public Improvements.
2.1 Prior Partial Construction of Public Improvements. Where
construction of any Public Improvements has been partially completed prior to this Agreement,
Developer agrees to complete such Public Improvements or assure their completion in
accordance with this Agreement.
2.2 Permits; Notices; Utility Statements. Prior to commencing any work,
Developer shall, at its sole cost, expense, and liability, obtain all necessary permits and approvals
and give all necessary and incidental notices required for the lawful construction of the Public
Improvements and performance of Developer's obligations under this Agreement. Developer
shall conduct the work in full compliance with the regulations, rules, and other requirements
contained in any permit or approval issued to Developer. Prior to commencing any work,
Developer shall file a written statement with the City Clerk and the City Engineer, signed by
Developer and each utility which will provide utility service to the Property, attesting that
Developer has made all deposits legally required by the utility for the extension and provision of
utility service to the Property.
2.3 Pre-approval of Plans and Specifications. Developer is prohibited from
commencing work on any Public Improvement until all plans and specifications for such Public
Improvement have been submitted to and approved by the City Engineer, or his or her designee.
Approval by the City Engineer shall not relieve Developer from ensuring that all Public
Improvements conform with all other requirements and standards set forth in this Agreement.
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2.4 Quality of Work; Compliance With Laws and Codes. The construction
plans and specifications for the Public Improvements shall be prepared in accordance with all
applicable federal, state and local laws, ordinances, regulations, codes, standards, and other
requirements. The Public Improvements shall be completed in accordance with all approved
maps, plans, specifications, standard drawings, and special amendments thereto on file with City,
as well as all applicable federal, state, and local laws, ordinances, regulations, codes, standards,
and other requirements applicable at the time work is actually commenced.
2.5 Standard of Performance. Developer and its contractors, if any, shall
perform all work required to construct the Public Improvements under this Agreement in a
skillful and workmanlike manner, and consistent with the standards generally recognized as
being employed by professionals in the same discipline in the State of California. Developer
represents and maintains that it or its contractors shall be skilled in the professional calling
necessary to perform the work. Developer warrants that all of its employees and contractors
shall have sufficient skill and experience to perform the work assigned to them, and that they
shall have all licenses, permits, qualifications and approvals of whatever nature that are legally
required to perform the work, and that such licenses, permits, qualifications and approvals shall
be maintained throughout the term of this Agreement.
2.6 Alterations to Improvements. All work shall be done and improvements
made and completed as shown on approved plans and specifications, and any subsequent
alterations thereto. If during the course of construction and installation of the Public
Improvements it is determined that the public interest requires alterations in the Public
Improvements, Developer shall undertake such design and construction changes as may be
reasonably required by City. Any and all alterations in the plans and specifications and the
Public Improvements to be completed may be accomplished without giving prior notice thereof
to Developer's surety for this Agreement.
2.7 Other Obligations Referenced in Conditions of Tentative Map
Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval
on the tentative map for the Property. The conditions of approval which have not been satisfied
prior to the date of this Agreement are identified on Exhibit "D" hereto.
3. MAINTENANCE OF PUBLIC IMPROVEMENTS AND LANDSCAPING.
City shall not be responsible or liable for the maintenance or care of the Public Improvements
until City formally approves and accepts them in accordance with its policies and procedures.
City shall exercise no control over the Public Im provements until approved and accepted. Any
use by any person of the Public Improvements, or any portion thereof, shall be at the sole and
exclusive risk of the Developer at all times prior to City's acceptance of the Public
Improvements. Developer shall maintain all the Public Improvements in a state of good repair
until they are completed by Developer and approved and accepted by City, and until the security
for the performance of this Agreement is released. Maintenance shall include, but shall not be
limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and
sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to
City; removal of debris from sewers and storm drains; and sweeping, repairing, and maintaining
in good and safe condition all streets and street improvements. It shall be Developer's
responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly
perform such maintenance work when notified to do so by City. If Developer fails to properly
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prosecute its maintenance obligation under this section, City may do all work necessary for such
maintenance and the cost thereof shall be the responsibility of Developer and its surety under this
Agreement. City shall not be responsible or liable for any damages or injury of any nature in any
way related to or caused by the Public Improvements or their condition prior to acceptance.
4. CONSTRUCTION SCHEDULE. Unless extended pursuant to this Section 4.1
of this Agreement, Developer shall fully and adequately complete or have completed the Public
Improvements within 2-years cJ:!:f:-months) following approval of the final map
for Parcel No. 1: "t "2.-"tO .
4.1 Extensions. City may, in its sole and absolute discretion, provide
Developer with additional time within which to complete the Public Improvements. It is
understood that by providing the Security required under Section 12.0 et seq. of this Agreement,
Developer and its surety consent in advance to any extension of time as may be given by City to
Developer, and waives any and all right to notice of such extension(s). Developer's acceptance
of an extension of time granted by City shall constitute a waiver by Developer and its surety of
all defense of laches, estoppel, statutes of limitations, and other limitations of action in any
action or proceeding filed by City following the date on which the Public Improvements were to
have been completed hereunder. In addition, as consideration for granting such extension to
Developer, City reserves the right to review the provisions of this Agreement, including, but not
limited to, the construction standards, the cost estimates established by City, and the sufficiency
of the improvement security provided by Developer, and to require adjustments thereto when
warranted according to City's reasonable discretion.
4.2 Accrual of Limitations Period. Any limitations period provided by law
related to breach of this Agreement or the terms thereof shall not accrue until Developer has
provided the City Engineer with written notice of Developer's intent to abandon or otherwise not
complete required or agreed upon Public Improvements.
5. GRADING. Developer agrees that any and all grading done or to be done in
conjunction with construction of the Public Improvements or development of Parcel No.
3:1--1..--yo shall conform to all federal, state, and local laws, ordinances, regulations, and
other requirements, including City's grading regulations. All grading, landscaping, and
construction activities shall be performed in a manner to control erosion and prevent flooding
problems. The City Engineer shall have the authority to require erosion plans to prescribe
reasonable controls on the method, manner, and time of grading, landscaping, and construction
activities to prevent nuisances to surrounding properties. Plans shall include without limitation
temporary drainage and erosion control requirements, dust control procedures, restrictions on
truck and other construction traffic routes, noise abatement procedures, storage of materials and
equipment, removal of garbage, trash, and refuse, securing the job site to prevent injury, and
similar matters. In order to prevent damage to the Public Improvements by improper drainage or
other hazards, the grading shall be completed in accordance with the time schedule for
completion of the Public Improvements established by this Agreement, and prior to City's
approval and acceptance of the Public Improvements and release of the Security as set forth in
Section 12.0 et ~·of this Agreement.
6. UTILITIES. Developer shall provide utility services, including water, sewer,
power, gas, and telephone service to serve each parcel, lot, or unit of land within Parcel No.
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} t-2.-}o in accordance with all applicable federal, state, and local laws, rules, and
regulations, including, but not limited to, the regulations, schedules and fees of the utilities or
agencies providing such services. Except for commercial or industrial properties, Developer
shall also provide cable television facilities to serve each parcel, lot, or unit of land in accordance
with all applicable federal, state, and local laws, rules, and regulations, including, but not limited
to, the requirements of the cable company possessing a valid franchise with City to provide such
service within City's jurisdictional limits. All utilities shall be installed underground .
7. FEES AND CHARGES. Developer shall, at its sole cost, expense, and liability,
pay all fees, charges, and taxes arising out of construction of the Public Improvements,
including, but not limited to, all plan check, design review, engineering, inspection, and other
service fees, and any impact or connection fees established by City ordinance, resolution,
regulation, or policy, or as established by City relative to Parcel No. 3-vu 1-0 , or as required
by other governmental agencies having jurisdiction over Parcel No. t&l.-3-D .
8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its
sole cost, expense, and liability, and at all times during construction of the Public Improvements,
maintain reasonable and safe faci lities and provide safe access for inspection by City of the
Public Improvements and areas where construction of the Public Improvements is occurring or
will occur. If the City inspector requests it, the Developer at any time before acceptance of the
Public Improvements shall remove or uncover such portions of the finished work as may be
directed which have not previously been in spected. After examination, the Developer shall
restore said portions of the work to the standards required hereunder. Inspection or supervision
by the City shall not be considered as direct control of the individual workmen on the j ob site.
City's inspector shall have the authority to stop any and all work not in accordance with the
requirements contained or referenced in this Agreement. The inspection of the work by City
shall not relieve Developer or the contractor of any obligations to fulfill this Agreement as herein
provided, and unsuitable materials or work may be rejected notwithstanding that such materials
or work may have been previously overlooked or accepted.
9. ADMINISTRATIVE COSTS. If Developer fails to construct and install all or
any part ofthe Public Improvements within the time required by this Agreement, or if Developer
fails to comply with any other obligation contained herein, Developer and its surety shall be
jointly and severally liable to City for all administrative expenses, fees, and costs, including
reasonable attorney's fees and costs, incurred in obtaining compliance with this Agreement or in
processing any legal action or for any other remedies permitted by law.
10. ACCEPTANCE OF IMPROVEMENTS; AS-BUlL T OR RECORD
DRAWINGS. The City Council may, in its sole and absolute discretion, accept fully completed
portions of the Public Improvements prior to such time as all of the Public Improvements are
complete, which shall not release or modify Developer's obligation to complete the remainder of
the Public Improvements within the time required by this Agreement.
I 0.1 Developer's Notice of Completion. Upon the total or partial acceptance
of the Public Improvements by City, Developer shall file with the Recorder's Office of the
County of Los Angeles a notice of completion for the accepted Public Improvements in
accordance with California Civil Code section 3093, at which time the accepted Public
Improvements shall become the sole and exclusive property of City without payment therefor.
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10.2 City Acceptance of Public Improvements. If Parcel No. } ); U 1-o
was approved and recorded as a single phase map, City shall not accept any one or more of the
improvements until all of the Public Improvements are completed by Developer and approved by
City. Issuance by City of occupancy permits for any buildings or structures located on the
Property shall not be construed in any manner to constitute City's acceptance or approval of any
Public Improvements.
10.3 Developer's Obligation to Provide As-Built or Record Drawings.
Notwithstanding the foregoing, City may not accept any Public Improvements unless and until
Developer provides one (1) set of "as-built" or record drawings or plans to the City Engineer for
all such Public Improvements. The drawings shall be certified and shall reflect the condition of
the Public Improvements as constructed, with all changes incorporated therein.
11. WARRANTY AND GUARANTEE. Developer hereby warrants and guarantees
all Public Improvements against any defective work or labor done, or defective materials
furnished in the performance of this Agreement, including the maintenance of all landscaping
within the Property in a vigorous and thriving condition reasonably acceptable to City, for a
period of one (l) year following completion of the work and acceptance by City. During the
Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise
unsatisfactory portion of the Public Improvements, in accordance with the current ordinances,
resolutions, regulations, codes, standards, or other requirements of City, and to the approval of
the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at
the sole cost, expense, and liabi lity of Developer and its surety. As to any Public Improvements
which have been repaired, replaced, or reconstructed during the Warranty, Developer and its
surety hereby agree to extend the Warranty for an additional one (I) year period following City's
acceptance of the repaired, replaced, or reconstructed Public Improvements. Nothing herein
shall relieve Developer from any other liability it may have under federal, state, or local law to
repair, replace, or reconstruct any Public Improvement following expiration of the Warranty or
any extension thereof. Developer's warranty obligation under this section shall survive the
expiration or termination of this Agreement.
12. SECURITY; SURETY BONDS. Prior to City's approval and execution of this
Agreement, Developer shall provide City with surety bonds in the amounts and under the terms
set forth below. The amount of the Security shall be based on the City Engineer's Estimated
Costs. lf City determines at any time prior to Developer's completion of the Public
Improvements under Section 4 [Construction Schedule], in its sole and absolute discretion, that
the Estimated Costs have changed, Developer shall adjust the Security in the amount requested
by City. Developer's compliance with this provision (Section 12.0 et seq.) shall in no way limit
or modify Developer's indemnification obligation provided in Section 16.0 of this Agreement.
12.1 Performance Bond. To guarantee the faithful performance of the Public
Improvements and all the provisions ofthis Agreement, to protect City ifDeveloper is in default
as set forth in Section 18.0 et ~· of this Agreement, and to secure Developer's one-year
guarantee and warranty of the Public Improvements, including the maintenance of all
landscaping in a vigorous and thriving condition, Developer shall provide City a fa!;hful
performance bond in the amount of ~vfl 14,&d )~....., flwJ~H_1-_ i, ),
which sum shall be not less than one hundred percent (100%) of:~a~~r;;
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12.2 Partial Release. The City Council may, in its sole and absolute discretion
and upon recommendation of the City Engineer, partially release a portion or portions of the
Security provided under this section as the Public Improvements are accepted by City, provided
that Developer is not in default on any provision of this Agreement or condition of approval for
Parcel No. i "t.L.:±o , and the total remaining Security is not less than twenty-five percent
(25%) of the stimated Costs. All Secunty provided under this section shall be released at the
end of the Warranty period, or any extension thereof as provided in Section I 1 .0 of this
Agreement, provided that Developer is not in default on any provision of this Agreement or
condition of approval for Parcel No. 1 '"l--)..... }-D .
12.3 Labor & Material Bond. To secure payment to the contractors,
subcontractors, laborers, material men, and other persons furnishing labor, materials, or
equipment for performance of the Public Improvements and this Agreement, Developer shall
provide City a labor and materials bond in the amount ofEf~ Tluw-J.. El/J-/k.,tl~ Ct'~J ''x c
($ ( \ 186 ,-), which sum shall not be less than one hundred percent (100%) of the
Estimated Costs. The Security provided under this section may be released by written
authorization of the City Engineer after six (6) months from the date City accepts the final Public
Improvements. The amount of such Security shall be reduced by the total of all stop notice or
mechanic's lien claims of which City is aware, plus an amount equal to twenty percent (20%) of
such claims for reimbursement of City's anticipated administrative and legal expenses arising out
of such claims.
12.4 Additional Requirements. The surety for any surety bonds provided as
Security shall have a current A.M. Best's rating of no less than A:VIII, be a bank or insurance
company licensed,to transact surety business in California, and shall be satisfactory to City. As
part of the obligation secured by the Security and in addition to the face amount of the Security,
the Developer or its surety shall secure the costs and reasonable expenses and fees, including
reasonable attorney's fees and costs, incurred by City in enforcing the obligations of this
Agreement. The Developer and its surety stipulate and agree that no change, extension of time,
alteration, or addition to the terms of this Agreement, the Public Improvements, or the plans and
specifications for the Public Improvements shall in any way affect its obligation on the Security.
12.5 Form of Security. The evidence of the Security shall be provided on the
forms set forth in Attachment "C", unless other forms are deemed acceptable by the City
Engineer and the City Attorney, and when such forms are completed to the satisfaction of City,
the forms and evidence of the Security shall be attached hereto as Attachment "C" and
incorporated herein by this reference.
12.6 Developer's Liabilitv. While no action of Developer shall be required in
order for City to realize on its security under any Security instrument, Developer agrees to
cooperate with City to facilitate City's realization under any Security instrument, and to take no
action to prevent City from such realization under any Security instrument. Notwithstanding the
giving of any Security instrument or the subsequent expiration of any Security instrument or any
failure by any surety or financial institution to perform its obligations with respect thereto,
Developer shall be personally liable for performance under this Agreement and for payment of
the cost of the labor and materials for the improvements required to be constructed or installed
hereby and shall, within ten (1 0) days after written demand therefor, deliver to City such
substitute Security as City shall require satisfying the requirements in this Section 12.
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13. MONUMENT SECURITY. Prior to City's execution of this Agreement, to
guarantee payment to the engineer or surveyor for the setting of all subdivision boundaries, lot
comers, and street centerline monuments for Parcel No. l:?.-? ... ."3:=0 in compliance with the
applicable provisions of City's Municipal and/or Development Code . ("Subdivision
Monuments"), Developer shall deposit cash with City in the amount of ~ Dollars
($ () ( c;:!.--), which sum shall not be less than one hundred percent (100%) of the costs of
setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may
be released by written authorization of the City Engineer after all required Subdivision
Monuments are accepted by the City Engineer, City has received written acknowledgment of
payment in full from the engineer or surveyor who set the Subdivision Monuments, and provided
Developer is not in default of any provision of this Agreement or condition of approval for
Parcel No. 1= -z;l-b .
14. LIEN. To secure the timely performance of Developer's obligations under this
Agreement, including those obligations for which security has been provided pursuant to
Sections 12.0 et ~·and 13.0 of this Agreement, Developer hereby creates in favor of City a lien
against all portions of the Property not dedicated to City or some other governmental agency for
a public purpose. As to Developer's default on those obligations for which security has been
provided pursuant to Sections 12.0 et ~·and 13.0 of this Agreement, City shall first attempt to
collect against such security prior to exercising its rights as a contract lienholder under this
section.
15 . SIGNS AND ADVERTISING. Developer understands and agrees to City's
ordinances, regulations, and requirements governing signs and advertising structures. Developer
hereby agrees with and consents to the summary removal by City, without notice to Developer,
of all signs or other advertising structures erected, placed, or situated in violation of any City
ordinance, regulation, or other requirement. Removal shall be at the expense of Developer and
its surety. Developer and its surety shall indemnify and hold City free and harmless from any
claim or demand arising out of or incident to signs, advertising structures, or their removal.
16. INDEMNIFICATION. Developer shall defend, indemnify, and hold harmless
City, its elected officials, officers, employees, and agents from any and all actual or alleged
claims, demands, causes of action, liability, loss, damage, or injury, to property or persons,
including wrongful death, whether imposed by a court of law or by administrative action of any
federal, state, or local governmental body or agency, arising out of or incident to any acts,
omissions, negligence, or willful misconduct of Developer, its personnel, employees, agents, or
contractors in connection with or arising out of construction or maintenance of the Public
Improvements, or performance of this Agreement. This indemnification includes, without
limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and
related costs or expenses, and the reimbursement of City, its elected officials, officers,
employees, and/or agents for all legal expenses and costs incurred by each of them. This
indemnification excludes only such portion of any claim, demand, cause of action, liability, loss,
damage, penalty, fine, or injury, to property or persons, including wrongful death, which is
caused solely and exclusively by the gross negligence or willful misconduct of City as
determined by a court or administrative body of competent jurisdiction. Developer's obligation
to indemnify City shall survive the expiration or termination of this Agreement, and shall not be
restricted to insurance proceeds, if any, received by City, its elected officials, officers,
employees, or agents.
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17. INSURANCE.
17.1 Tvoes; Amounts. Developer shall procure and maintain, and shall require
its contractors to procure and maintain, during construction of any Public Improvement pursuant
to this Agreement, insurance of the types and in the amounts described below. If any of the
Required Insurance contains a general aggregate limit, such insurance shall apply separately to
this Agreement or be no less than two times the specified occurrence limit.
1 7 .1.1 General Liability. Developer and its contractors shall procure and
maintain occurrence version general liability insurance, or equivalent form, with a combined
single limit of not less than $3,000,000 per occurrence for bodily injury, personal injury, and
property damage.
17.1.2 Business Automobile Liability. Developer and its contractors
shall procure and maintain business automobile liability insurance, or equivalent form, with a
combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for the ownership, operation, maintenance, use, loading, or unloading of any vehicle
owned, leased, hired, or borrowed by the insured or for which the insured is responsible.
17 .1.3 Workers' Compensation. Developer and its contractors shall
procure and maintain workers' compensation insurance with limits as required by the Labor
Code of the State of California and employers' liability insurance with limits of not less than
$1,000,000 per occurrence, at all times during which insured retains employees.
17.1.4 Professional Liability. For any consultant or other professional
who will engineer or design the Public Improvements, liability insurance for errors and
omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained
for a period of five (5) years following completion of the Public Improvements. Such insurance
shall be endorsed to include contractual liability.
17.2 Deductibles. Any deductibles or self-insured retentions must be declared
to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects City, its elected officials, officers,
employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial
guarantee satisfactory to City guaranteeing payment of losses and related investigation costs,
claims, and administrative and defense expenses.
17.3 Additional Insured; Separation of Insureds. The Required Insurance
shall name City, its elected officials, officers, employees, agents, and volunteers as additional
insureds with respect to work performed by or on behalf of Developer or its contractors,
including materials, parts, or equipment furnished in connection therewith. The Required
Insurance shall contain standard separation of insured provisions, and shall contain no special
limitations on the scope of its protection to City, its elected officials, officers, employees, agents,
and volunteers.
17.4 Primary Insurance; Waiver of Subrogation. The Required Insurance
shall be primary with respect to any insurance or self-insurance programs covering City, its
elected officials, officers, employees, agents, and volunteers. All policies fo r the Required
-10-
Insurance shall provide that the insurance company waives all right of recovery by way of
subrogation against City in connection with any damage or harm covered by such policy.
17.5 Certificates; Verification. Developer and its contractors shall furni sh
City with original certificates of insurance and endorsements effecting coverage for the Required
Insurance. The certificates and endorsements for each insurance policy shall be signed by a
person authorized by that insurer to bind coverage on its behalf. All certificates and
endorsements must be received and approved by City before work pursuant to this Agreement
can begin. City reserves the right to require complete, certified copies of all required insurance
policies, at any time.
17.6 Term; Cancellation Notice. Developer and its contractors shall maintain
the Required Insurance for the term of this Agreement and shall replace any certificate, policy, or
endorsement which will expire prior to that date. All policies shall be endorsed to provide that
the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire
except on 30 days' prior written notice to City.
17.7 Insurer Rating. Unless approved in writing by City, all Required
Insurance shall placed with insurers licensed to do business in the State of California and with a
current A.M. Best rating of at least A:VIII.
18. DEFAULT; NOTICE; REMEDIES.
18.1 Notice. If Developer neglects, refuses, or fails to fulfill or timely
complete any obligation, term, or condition of this Agreement, or if City determines there is a
violation of any federal, state, or local law, ordinance, regulation, code, standard, or other
requirement, City may at any time thereafter declare Developer to be in default or violation of
this Agreement and make written demand upon Developer or its surety, or both, to immediately
remedy the default or violation. Developer shall commence the work required to remedy the
default or violation within ten (1 0) days of the written demand from the City. If the default or
violation constitutes an immediate threat to the public health, safety, or welfare, City may
provide the demand verbally, and Developer shall commence the required work within twenty-
four (24) hours thereof. Immediately upon City's issuance of the demand to remedy the default,
Developer and its surety shall be liable to City for all costs of construction and installation of the
Public Improvements and all other administrative costs expenses as provided for in Section 9.0
of this Agreement.
18.2 Failure to Remedy; City Action. If the work required to remedy the
noticed default or violation is not diligently prosecuted to a substantial completion acceptable to
City within a reasonable time designated by the City, City may complete all remaining work,
arrange for the completion of all remaining work, and/or conduct such remedial activity as in its
sole and absolute discretion it believes is required to remedy the default or violation. All such
work or remedial activity shall be at the sole and absolute cost, expense, and liability of
Developer and its surety, without the necessity of giving any further notice to Developer or
surety. City's right to take such actions shall in no way be limited by the fact that Developer or
its surety may have constructed any, or none of the required or agreed upon Public
Improvements at the time of City's demand for performance. In the event City elects to
complete or arrange for completion of the remaining work and improvements, City may require
-11 -
all work by Developer or its surety to cease in order to allow adequate coordination by City.
Notwithstanding the foregoing, if conditions precedent fo r reversion to acreage can be met and if
the interests of City will not be prejudiced thereby, City may also process a reversion to acreage
and thereafter recover from Developer or its surety the full cost and expense incurred.
18.3 Other Remedies. No action by City pursuant to Section 18 .0 et ~· of
this Agreement shall prohibit City from exercising any other right or pursuing any other legal or
equitable remedy available under this Agreement or any federal, state, or local law. City may
exercise it rights and remedies independently or cumulatively, and City may pursue inconsistent
rem edies. City may institute an action for damages, injunctive relief, or specific performance.
19. GENERAL PROVISIONS.
19.1 Authority to Enter Agreement. Each Party warrants th at the individuals
who have signed this Agreement have the legal power, right, and authority make this Agreement
and bind each respective Party.
19.2 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate, or convenient to attain the purposes of this Agreement.
19.3 Construction; References; Captions. It being agreed the Parties or their
agents have participated in the preparation of this Agreement, the language of this Agreement
shall be construed simply, according to its fair meaning, and not strictly for or against any Party.
Any term referencing time, days, or period for performance shall be deemed calendar days and
not work days. All references to Developer include all personnel, employees, agents, and
subcontractors of Developer, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference on ly, and do not define, limit, augment, or describe the scope,
content, or intent ofthis Agreement.
19.4 Notices. All notices, demands, invoices, and written communications
shall be in writing and delivered to the following addresses or such other addresses as the Parties
may designate by written notice:
CITY:
City of Temple City
Attn: Don Penman, Interim City Manager
970 I Las Tunas Drive
Temple City, California 91780
DEVELOPER:
~~~ B40 ~-e~ I~
A~h , 'it' C...i T ~a-n / C--Ji.-o
':f"\! \AI . I> V\.OVY:tf R:J ':ti5-fc) 2.
A-t"Cct-e/(.c;.,. cA tt{oo]:
-12-
Depending upon the method of transmittal, notice shall be deemed received as follows: by
facsimile, as of the date and time sent provided the original is contemporaneously deposited with
United States Postal Service and delivered by regular mail; by messenger, as of the date
delivered; and by U.S. Mail first class postage prepaid, as of 72 hours after deposit in the U.S .
Mail.
19.5 Amendment; Modification. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing and signed by both
Parties.
19.6 Waiver. City's failure to insist upon strict compliance with any provision
of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any
breach of this Agreement, shall not relieve Developer of any of its obli gations under this
Agreement, whether of the same or similar type. The foregoing shal l be true whether City's
actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or
set off, any and all defects, irregularities or deficiencies in the authorization, execution or
performance of the Public Improvements or this Agreement, as well as the Jaws, rules,
regulations, ordinances or resolutions of City with regards to the authorization, execution or
performance of the Public Improvements or this Agreement.
19.7 Assignment or Transfer of Agreement. Developer shall not assign,
hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest
herein without prior written consent of City. Any attempt to do so shall be null and void, and
any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in
City's written consent, any assignment, hypothecation, or transfer shall not release or discharge
Developer from any duty or responsibility under this Agreement.
19.8 Binding Effect. Each and all of the covenants and conditions shall be
binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal
representatives, or assigns. This section shall not be construed as an authorization for any Party
to assign any right or obligation.
19.9 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
19.10 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
19.11 Consent to Jurisdiction and Venue. This Agreement shall be construed
in accordance with and governed by the laws of the State of California. Any legal action or
proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the
Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the
appropriate California State Court in the County of Los Angeles, California. Each Party waives
the benefit of any provision of state or federal law providing for a change of venue to any other
court or jurisdiction including, without limitation, a change of venue based on the fact that a
governmental entity is a party to the action or proceeding, or that a federal right or question is
-13 -
involved or alleged to be involved in the action or proceeding. Without limiting the generality of
the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to
California Code of Civil Procedure Section 394.
19.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal
action or proceeding is brought by one Party against the other Party in connection with this
Agreement or the Property, the prevailing party, whether by final judgment or arbitration award,
shall be entitled to and recover from the other party all Litigation Expenses. Any judgment,
order, or award entered in such legal action or proceeding shall contain a specific provision
providing for the recovery of Litigation Expenses.
19.13 Relationship Between The Parties. The Parties hereby mutually agree
that neither this Agreement, any map related to Parcel No. l 1-1.....{-o , nor any other related
entitlement, permit, or approval issued by City for the Property shall operate to create the
relationship of partnership, joint venture, or agency between City and Developer. Developer's
contractors and subcontractors are exclusively and solely under the control and dominion of
Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or
contractor of City.
19.14 Counterparts. This Agreement may be executed in counterpart originals,
which taken together, shall constitute one and the same instrument.
19.15 Effective Date of Agreement. This Agreement shall not become
effective until the date it has been formally approved by the City and executed by the appropriate
authorities of City and Developer.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first-above written.
ATTEST:
Peggy Kuo
City Clerk
-14-
CITY OF TEMPLE CITY
By: __________ _
Don Penman,
Interim City Manager
APPROVED AS TO FORM
By: __________ _
Eric S. Vail
City Attorney
By:--,.-~------'---
't t' L: =r ~ CV'\
Its: C-0 ---~<~~~~----------
By: _____________________ _
Its: ----------
NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE
REQIDRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S
BUSINESS ENTITY.
-15 -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEN T
~..cy-~~~~~~~-QQ...s:x'~Q~~~..i.:X'
State of California
County of _L_o_)_--lA--<..:.../\..:.,vr:eJ:c...:.....;::e..r"'-----}
On Mry
04
;?-\ 12 011 before me, t-r fl l t.-
personally appeared ___ "/+--+l·_,_l -1-; __ T).L.lJ-,~A--""'...l..-----..::=c::;-;;=:;:;------------Here Insert Name and Title of the Officer
@ ERNIE MELENDREZ
Commission # 1930926
Notary Public • California
Los Angefn County
•·· M Comm. Explrn Mar 31, 2015
Place Notary Soar Above
Name<•> or Slgner(s)
who proved to mp on the basis of satisfactory evidence to
be the person~ whose name~ @cyeSubscribed to the
within instrument and acknowledged to me that ~/sj).e1lhe{ executed the same in~~authorized
capacityW, and that by~~/t~ signature~ on the
instrument the person~or the entity upon behalf of
which the persony.{acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature~ ~ Sllif\8illi80iNbifc
----------------------OPTIONAL-------------------------
Though the information below Is not required by law, it mlly 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: 5 vy"' .Lv;r·t 9 1\
Document Date: Q !2 /z, \ /1---0 l '1 I
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:-------------
0 Individual
0 Corporate Officer-Title(s):
0 Partner -0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other: ________ _
Signer Is Representing: ___ _
RIGHT THUMBPRINT
OF SIGNER
Top or thumb h!)re
Number of Pages:
Signer's Name: _____________ _
0 Individual
0 Corporate Officer-Title(s): --------~
0 Partner -0 Limited 0 General
n Attorney in Fact
O Trustee
0 Guardian or Conservator
0 Other: _________ _
Signer Is Representing: ____ _
RtGHTTHUMBPRtJIIT
OFStGNER
Top of thumb hete
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCEL NO. 72270
THE NORTHERLY 47 1/2 FEET OF LOT 1 AND THE LOT 2 OF TRACT NO.
22438, IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 600 PAGES 77 AND
78, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
} SUBDfV!SlON l)l.fl'ROVEMENT AGREEMENT
------------------------
EXHIBIT "B"
LIST OF PUBLIC IMPROVEMENTS
PARCEL NO. 72270
SEE ATTACHMENTS
SUBDMSION IMPROVEMENT AGREEMENT
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WO
LAND DEVELOPMENT DIVISION
ROADS
COST ESTIMATE FOR BOND PURPOSES
ROAD IMPROVEMENTS FOR PARCEL MAP/TRACT NO. __ P ·~~~~~C""'k--\--'l....lofl-+==:LL.!..!....!.,F
Fees Effective 07/01/2013 Page 1 of 4
ROAD IMPROVEMENTS FOR PARCEL MAPffRACT NO. __ PM~. N'-'-0=-'. 7:...:22='-7.::..0 _______ _
Geotextile fabric $ 3.34 /S.F. $ 4.53 $ -
Guard Rail $ 46.90 /L.F. $ 50.13 $ -
Guide Marl<ers $ 13.48 Each $ 16.71 $ -
Chain Link Fence (5') $ 16.71 fL. F. $ 22.21 $ -
Chain Link Fence (6') $ 21.65 fL. F. $ 30.19 $ -
Tree Removai_{_Ave. 12" D) $ 477.62 Each $ 577.89 $ -
Adjust manhole $ 433.41 Each $ 511 .04 $ -
Tree Well and Covers $ 100.27 Each $ 111.05 $ -
Remove Temporary Turnaround $ 832.33 Each $ 832.33 $ -
Construct Temporary Turnaround $ 1,553.61 Each $ 1,553.61 $ -
Lump Sum (fill in doUar amount) .. 1 $ -Each $ -$ -
Drainage Facilities
Curb Drain
Curb Drain, 1 Pipe ; ~ $ 1,110.49 Each $ 1,110.49 $ 1,110.49
Curb Drain, 2 Pipes .. .. 1· $ 1,442.56 Each $ 1,442.56 $ 1,442.56
Curb Drain, 3 Pipes : $ 1,775.71 Each $ 1,775.71 $ -
Parkway Drain No. 1 •' . : 1 $ 3,328.24 Each $ 3,328.24 $ 3,328.24
Catch Basins
Catch Basin No. 300, W=3.5' $ 4,441.97 Each $ 4,441.97 $ -
Catch Basin No. 300, W=7'-1 0' $ 4,997.21 Each $ 4,99721 $ -
Catch Basin No. 300, W=14' $ 6,107.70 Each $ 6,107.70 $ -
Catch Basin No. 300, W=1T, 21' .. $ 7,773.44 Each $ 7,773.44 $ -
Catch Basin No. 300, W=28' $ 8,883.93 Each $ 8,883.93 $ -
Catch Basin No. 301, W=7' W/1 Grate $ 5,552.46 Each $ 5,552.46 $ -
Catch Basin No. 301, W=10' W/1 Grate .. $ 6,662.95 Each $ 6,662.95 $ -
Catch Basin No. 301, W=14' W/1 Grate : $ 7,218.19 Each $ 7,218.19 $ -
Catch Basin No. 301. W=14' W/2 Grate .. ... -· $ 8,328.68 Each $ 8,328.68 $ -
Catch Basin No. 301. W-21' W/2 Grate .. $ 9,994.41 Each $ 9,994.41 $ -
Catch Basin No. 301, W=28' W/2 Grate $ 12,215.40 Each $ 12,215.40 $ -
Catch Basin No. 301. W=21' W/3 Grates $ 12,215.40 Each $ 12,215.40 $ -
Catch Basin No. 301, W-281 W/3 Grates $ 13,325.90 Each $ 13,325.90 $ -
STREET IMPROVEMENT SUBTOTAL (A) $ 10,680.05
t:~~F~B~~:::~::t:.~J~~ :·t;~-.:~~::~::~:!;__:~~=-~!~r;~·~~;:~~~:!~.~~.::Lc-2~.:.: .f:~:2~::;_:7S2~1~::·::::~~-:·_~.:.:..:~:: · .-.-: -=::2.:::2
Item Quantity Unit Cost Total Cost
>$50k Unit Price <$50k Unit Price
Street Lights .0 $ 16,172.20 Each I $ 16,172.20 $ -
STREET LIGHTING SUBTOTAL (B) $ -
Fees Effective 07/01/2013 Page 2 of 4
ROAD IMPROVEMENTS FOR PARCEL MAP/TRACT NO. __ PM.'""'. N'-'-0=.:,_;. 7~2=2-'-'70==---------
Install Detail 8 (2-Coat Paint) $ 2.03 LF $ 2.03 $ -
Install Detail 9 (2-Coat Paint) $ 2.03 LF $ 2.03 $ -
Install Detail15 2-Coat Paint) $ 2.53 LF $ 2.53 $ -
Install Detail 16 {2-Coat Paint) $ 2.53 LF $ 2.53 $ -
Install Detail 21 (2-Coat Paint) $ 3.04 LF s 3.04 $ -
Install Detail 22 2-Coat Paint) $ 3.04 LF $ 3.04 $ -
Install Detail 24 2-Coat Paint) $ 2.53 LF $ 2.53 $ -
Install Detai125 2-Coat Paint) $ 2.53 LF $ 2.53 $ -
Install Detail 278 (2-Coat Paint) $ 2.53 LF $ 2.53 $ -
Install Detail 28 2-Coat Paint) $ 3.55 LF $ 3.55 $ -
Install Detail 29 2-Coat Paint) ,. $ 3.55 LF $ 3.55 $ -
Install Detail31 2-Coat Paint) $ 3.04 LF $ 3.04 $ -
Install Detail 32 2-Coat Paint) .. $ 3.04 LF $ 3.04 $ -
Install Detail 378 (2-Coat Paint) .. $ 2.03 LF $ 2.03 $ -
Install Detail 38 2-Coat Paint) .. : $ 3.04 LF $ 3.04 $ -
Install Detaii38A (2-Coat Paint) $ 3.04 LF $ 3.04 $ -
Install Detail 40 (2-Coat Paint) .. $ 2.03 LF $ 2.03 $ -
Install Detail 41 2-Coat Paint) .. $ 2.03 LF $ 2.03 $ -
lnstall12 inch Limit Line (2-Coat Paint) $ 3.04 LF $ 3.04 $ -
Install Pavement Mar'r<ing (2-Coat Paint) ($3.00/SF)
"STOP" -22 SF Enter "Each" Quantity---> : .. $ 3.04 Each $ 3.04 $ -
"SIGNAL"= 32 SF Enter "Each" Quantity-----> $ 3.04 Each $ 3.04 $ -
"SCHOOL"= 35 SF Enter "Each" Quantity----> $ 3.04 Each $ 3.04 $ -
"AHEAD"= 31 SF Enter "Each" Quantity----> .. $ 3.04 Each $ 3.04 $ -
"YIELD"= 24 SF Enter "Each" Quantity------> .' $ 3.04 Each $ 3.04 $ -
"Type IV Arrow"= 15 SF Enter "Each" Quantity-> $ 3.04 Each $ 3.04 $ -
Install Curb Marking (2-Coat Paint) $ 3.55 LF $ 3.55 $ -
Remove Detail 1 (2-Coat Paint) $ 2.03 LF $ 2.03 $ -
Remove Detail 2 (2-Coat Paint) .. : $ 2.03 LF $ 2.03 $ -..
Remove Detail 8 (2-Coat Paint) .. $ 2.03 LF $ 2.03 $ -
Remove Detail 9 (2-Coat Paint) $ 2.03 LF $ 2.03 $ -
Remove Detail15 (2-Coat Paint) : $ 2.2B LF $ 2.28 $ -
Remove Detail 16 (2-Coat Paint) $ 2.26 LF $ 2.28 $ -
Remove Detail21 (2-Coat Palnt) .. $ 2.53 LF $ 2.53 $ -
Remove Detail 22 (2-Coat Paint) .. $ 2.53 LF $ 2.53 $ -
Remove Detail 24 (2-Coat Paint) .. $ 2.28 LF $ 2.28 $ -
Remove Detail 25 (2-Coat Paint) .. $ 2.28 LF $ 2.28 $ -
Remove Detail 278 (2-Coat Paint) ... $ 2.0~ LF $ 2.03 $ -
Remove Detail 28 (2-Coat Paint) ,,
•' $ 4.56 LF $ 4.56 $ -..
Remove Detail29 (2-Coat Paint) ..
' $ 4.56 LF $ 4.56 $ -
Remove Detail 31 (2-Coat Paint) .. $ 4.56 LF $ 4.56 $ -...
Remove Detail 32 (2-Coat Paint) .. $ 4.56 LF $ 4.56 $ -
Remove Detail 378 (2-Coat Paint) : .. .. '$ 3.04 LF $ 3.04 $ -
Remove Detail 38(2-Coat Paint) ·; :$ 4.05 LF $ 4.05 $ -
Remove Detail 38A (2-Coat Paint) : $ 4.05 LF $ 4.05 $ -
Remove Detail 40 (2-Coat Paint) •' •' $ 2.03 LF $ 2.03 $ -
Remove Detail 41 (2-Coat Paint) .. $ 2.03 LF $ 2.03 $ -
Remove 12 inch Umit Line (2-Coat Paint) .. $ 4.05 LF $ 4.05 $ -
Remove Pavement Marking (2-Coat Paint) ($4.00/SF)
"STOP" = 22 SF Enter "Each" Quantity-...:...:. '. .. $ 4.05 Each $ 4.05 $ -
"SIGNAL" -32 SF Enter "Each" Quantity---> .. ' $ 4.05 Each $ 4.05 $ -
"SCHOOL" -35 SF Enter "Each" Quantity---> .. $ 4.05 Each $ 4.05 $ -
"AHEAD"= 31 SF Enter "Each" Quantity-----> .. $ 4.05 Each $ 4.05 $ -
''YIELD"= 24 SF Enter ''Each" Quantity----> $ 4.05 Each $ 4.05 $ -
"Type IV Arrow''-15 SF Enter "Each" Quantity-> $ 4.05 Each $ 4.05 $ -
Remove Curb Marking (2-Coat Paint) $ 3.04 LF $ 3.04 $ -
SIGNING AND STRIPING SUBTOTAL (D) $ -
GRAND SUBTOTAL (A+B+C+D)=E) $ 10,680.05
GRAND SUBTOTAL (E) COST< $50,000 (Yes or No)
Fees Effective 07/01/2013 Page 3 of4
r
I I
ROAD IMPROVEMENTS FOR PARCEL MAPfTRACT NO. __ PM.._,. N'-'-0~. 7'-"2""'2~70~-------
Valuation Total (R)
$10,000 or less
$10,001 to $100,000
100 001 & over
$1,607
$2,908
294
+ 26.01% over
+ 11.54% over
+ 2.82% over
Revisions to an already approved plan will require a fee in the amount of $330 per sheet per submittal.
Single lot grading encroachments that are submitted as part of referrals from Building and Safety Division
will
TABLE 2: Inspection Fee Calculation*
Improvement Total Cl . 0) Inspection Fee (J, P)
$1,625 or less $350
$1,626 to $20,000 $350 + 21.27% over
$20,001 to $100.000 $4,259 + 11.98% over
$100,001 to $500,000 $13,843 + 6.33% over
$500,001 & over $39,163 + 3.32% over
*Inspection fees are an estimated amount and subject to change. Please verify with
Land Development Division's Permit Section upon request for permit issuance.
Fees Effective 07/01/2013
$5,000
$10,000
$100 000
$1 ,625
$20,000
$100,000
$500,000
Page 4 of 4
-----------------
EXHIBIT "C"
SURETY BONDS AND OTHER SECURITY
PARCEL NO. 72 2 70
As evidence of understanding the provisions contained in this Agreement, and ofthe Developer's
intent to comply with same, the Developer has submitted the below described security in the
amounts required by this Agreement, and has affixed the appropriate signatures thereto:
PERFORMANCEBONDPRINCIPALAMOUNT: $ 23/772. qQ_
Surety:
Attorney-in-fact:
Address:
MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 111 686 . ~
Surety:
Attorney-in-fact:
Address:
CASH MONUMENT SECURITY: $
Amount deposited per Cash Receipt No. ------------~~----------------Date:
SUBDNISION IMPROVEMENT AGREEMENT
2 PARCELS
19,598 SO.FT.
Attachment B
SHEET 1 OF 2 SHEETS
PARCEL MAP NO. 72270
IN THE CITY OF TEMPLE CITY
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A SUBDIVISION OF THE NORTHERLY 47 1/2 FEET OF LOT
AND THE LOT 2 OF TRACT NO. 22438, AS PER MAP RECORDED
IN BOOK 600 PAGES 77 AND 78, OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY
MINOR LAND DIVISION FOR TWO RESIDENTIAL PARCELS
OWNER'S STATEMENT:
WE HERDIY STATE THAT WE ARE THE OVoNER Of OR ARC iHTERCSTED iH THE LANOS 1Na.UO£D 'MTHU< THE SUBOI\1SION SH0\1>1 ON THIS ltAP 'M!IIN THE OISlVjCn~ BOROCR UN(S, 1\HD WE CONseNT TO THE PREPARAnON AND nUNC Of SAlO II.AP AND SU9DI\1SION.
~A SAO iH~Sl\IENT, INC., A CAUFORNIA CORPORAnON (OYoNER)
SHANGHAI COWMEROAI.. BANK AS BENEnOARY UNDER A DE£D Of TRUST RECORDED FESRUARY 11, 20,. AS INSTRUMENT NO. 2014014<6i2. Of omaAI.. RECORDS
BY:&~ ~~t'fJ~~,~
NOTARY ACKNOWLEDGEMENT
STATE Of )
COVHTY Of )
I CERnFY UNDER PENAlTY OF PER.AJRY UNDER THE LAWS Of THE STATE OF CAUFORHIA THAT THE FOREOOINC PARAGRAPH IS TRUE AND CORRECT.
'MTNESS WY HAND.
STATE Of o..ltl..t~~lf..,.ll )
COUNTY OF <o! •~lrtrf )
ON M'f.1l t"~>',l.tl" 8E.fCJtE WE, tfA.,~ ~ C~.t•-"
PUBUC, PERSONAlLY APPEARED Ju"f" (1.1-..c ( "JvSTt*'~ ftTP
A NOTARY
WHO PRO~ TO UE OH TME BASIS Of SAllSFACTORY ['.'IOE)rf(X TO BE THE
PERSON(S) MiOSE NAWE(S) ~ARE SUBSCRIBED TO THE WITHIN IHSTRUMOH AND
ACKNOYILEDGEO TO ME THAT ~(THEY EXECUTED THE SAME IH H!S;/I-IfR(THEIR
AUTHOiltZED CAPAOTY(IES), AND THAT BY ~(THOR SIONATURE(S) ON THE ~~i:Mrxi'i:u~ ~J~u:N~E ENnTY UPON BEHAlF OF MiiGH THE PERSON(S)
I CERnFY UNDER PENAlTY Of PER.AJRY UNDER THE LAWS Of THE STATE Of CAUFORNIA THAT THE FOREOOING PARAGRAPH IS TRUE AND CORRECT.
SIGNATURE OMISSIONS NOTE:
THE SIONATURES Of THE PARTIES NAMED HERElHAFTER AS OYoNERS Of THE INTEREST
SU FORTH, HA~ !I(DI OWITTEO UNOCR THE PR0\1SIONS OF SECTION 86430 (a) (3)
(A) (1-Yill) OF THE SUBOI\1SION MAP ACT, AS THEIR I<TEREST IS SUGH THAT IT CANNOT RtPEN INTO A Ftt AND SAID SIGNA lURES ARt NOT REQUIRED BY lHE LOCAL AGENCY.
'THE PAQFlC TU.EPHONE AND TnECRAPH ~PANY, A CORPORAnON. HOLDER OF' AN
EASEWENT FOR TELEPHONE. TELEGRAPH AND COUUNICA nON STRUCTURES PURPOSES, BY OOCUIIENT RECORDED IN BOOK ~2194, PAGf: 107 OF omaAI.. REGOROS. RECORDS
OF SAID COVHTY.
THE SOUTHERN CAUFORHIA EDISON COMPANY, A CORPORAnOH, ITS SUCCESSORS ANO ASSIONS. HOLOER OF AN EASOIENT FOR ELECTRIC LINE PIIRPOSES. BY OOCU~ENT REGORO£D 1H BOOK ~2653, PAGE 147 OF omOAI.. RECORDS. RECORDS OF SAIO COVHTY.
SURVEYOR'S STATEMENT·
THIS II.AP WAS PREPARED BY ltE OR UHOEII ltY OIRECnON AND IS BASED UPON A
1RIJ( AND COWPl£TE FnD SUR\1EY PERfORWED BY WE OR UNDER WY DIRECllON I<
"ARGH, 2013, IH CONFOIRWANCE 'MTH THE REOUIREWENTS Of THE SUIIOI\1SION WAP
ACT AND LOCAl ORDINANCE AT THE REOUEST Of ~A BAO IN~"NENT, iHC. ON WARGH 7, 2013. I HEREBY STATE THAT THIS PARCEL WAP SUBSTANnAI..LY CONFORWS TO THE APPR0\1£0 OR CONOinONAI..LY APPR0\1£0 TEHTAn~ WAP, IF ANY; THAT All THE WONUIIENTS ARE OF THE CHARACTER ANO OCCUPY THE POSillONS INDICATED; THAT SAID WONUII.ENTS ARC SUFTIQENT TO ENABLE THE SUR\1EY TO BE RrnRACED; ANO THAT nE NOTES FOR All CENTERUHE WONU,.ENTS AND All CENTDIUIIE nE
WONUMENTS NOTED AS "str ARC ON nLE IN THE omcr OF THE QTY ENGINEER.
BASIS OF BEARINGS:
THE BEARINGS SHOW!< HEREON ARC BASED ON THE BEARING HI!01l2'20"E Of THE
CENTERUHE Of OU~ STREET AS SHOYoN ON THE MAP Of TRACT HO. 224.38 FlLEO I< BOOK 800, PAGES 77 ANO 78, Of MAPS. RECORDS Of SAID COUNTY.
CITY ENGINEER'S CERTifiCATE·
I HEREBY CERnFY THAT 1 HA~ EXAII.JNED THIS NAP; THAT IT CONFORWS SUBSTANnAI..LY TO THE TENTAn~ ~AP ANO All APPR0\1£0 AI..TERAnONS THEREOF; THAT All PR0\1SIONS OF THE SUBOI\1SION ~AP ACT AND SUBOI\1SION OROIHANCES OF THE QTY Of TEMPLE QTY APPliCABLE AT THE l1ME OF APPROVAl Of THE
TEHTAn~ MAP HA~ BEEN COMPUED v.ITH; ANO THAT I AM SATI5nED THAT THIS
MAP IS TEGHNICAI..L Y CORRECT.
NE'V\U£ PEREIRA
QTY ENGINEER
OA\110 e. RAGLANO "o7ATE..---ON BE>tAI..F OF THE QTY ENGINEER LS ~173 EXPIRES 8/1~/201~
SPECIAL ASSESSMENT'S CERTIFICATE·
1 HfJIEIIY CERliN THAT All SP(QAI.. ASSE.SSWENTS LE\1ED UHOER THE .AJRISOICnON OF THE QTY Of TEMPLE QTY TO YIHICH THE LAND 1Ha.UO£D IN THE v.ITHIH SUBOI\1SION OR ANY PART THEREOF IS SUBJECT, AND YIHICH WAY & PAlO IN FVU..
HAVE BEEN PAID IN fVl.L
o!Y lREASURER -6fY 01' TtUP!l 6TY "D"'ATE;r--
CITY CLERK'S CERTIFICATE:
I HEREBY CERl1FY THAT THE QTY COUNQL OF THE QTY OF TEWPLE QTY BY MOnON PASSED ON APPROI.W THE ATIAGHEO MAP.
QTY CllRI< -QTY Of TEWPLE QTY DATE
I HER£BY CERTIFY THAT SECURITY I< THE AWOUNT OF $ HAS 11EEH
FlLEO WITH THE EXECUn~ omCER, IIOARO OF SUPER\1SORS OF THE COUNTY Of LOS
ANGn£S AS SECURITY FOR THE PA'M:NT or TAX£5 ANO SP(QAI.. ASSOS><ENTS
COLI..ECTED AS TAXES ON THE LANO SHOWN ON IIAP Of PARCEL MAP HO. 72270 AS
REQUIRED BY LAW.
EXEO.Jn~ omCER. BOARD OF SUPER\1SORS Of THE COUNTY OF LOS ANGELES. STATE OF CAliFORNIA
B~-----~DE~~~TY~------DATE
I HEREBY CERT1fY THAT All CERnFlCAlt:S HA\£ BEEN Fll£0 NIO DEPOSITS HA\1£ BEEN MAO£ THAT ARE REQUIRED UHOER THE PR0\1SIONS OF SECnONS 884i2 ANO 664iJ Of THE SU9DI\1SION NAP ACT.
EJC[CUn~ ornCER, BOARD OF SUP£R\1SORS OF THE COUNTY OF LOS ANGELES. STATE OF CAUFORNIA
BY<-----,OEPU='"TY"' ___ ___ OATE
SCALE: 1 "= 40'
PARCEL MAP NO. 72270
b JJ
INOlCA TES THE 90UIIOARY OF THE LAND
BEJNC SUBOI"'O£D BY THIS Wlol'.
<.Ill
~ 4. 0
IN THE CITY OF TEMPLE CITY
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
MINOR LAND DIVISION FOR TWO RESIDENTIAL PARCELS
SHEET 2 OF 2 SHEETS
\