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HomeMy Public PortalAbout07) 7E Final Subdivision Map Approval for Tract Map No. 66417, A five-Unit Condominium Project at 4431-4439 Ellis AvenueAGENDA ITEM ?.E. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: August 5, 2014 TO: The Honorable City Council FROM: Donald E. Penman , Interim City Manager r/? Via: Michael D. Forbes , AICP , Community Development Director~ By: Hesty Liu , AICP, Associate Planner )f~ SUBJECT: FINAL SUBDIVISION MAP APPROVAL FOR TRACT MAP NO. 66417, A FIVE-UNIT CONDOMINIUM PROJECT AT 4431-4439 ELLIS LANE RECOMMENDATION: The City Council is requested to : a) Receive the Subdivision Improvement Agreement (Attachment "A"); b) Approve the final subdivision map for Tract Map No. 66417 and dedications indicated on the map (Attachment "B"); c) Authorize the Interim City Manager to execute the Subd ivision Improvement Agreement; and d) Authorize the City Clerk to certify Tract Map No . 66417. BACKGROUND: 1. On June 13, 2006 , the City received an application proposing a five-unit condominium subdivision project for the property located at 4431-4439 Ellis Lane. 2 . On August 3, 2006 , staff held a subdivis ion meeting with the property owner/developer, developer's engineer, and staff from Los Angeles County Public Works (City Engin eer) to review and discuss the conditions recommended for the proposed subdivision. 3. On January 9, 2007, at a noticed public hearing , the Planning Commiss ion reviewed and approved the project. City Council August 5, 2014 Page 2 of 3 4. On February 6, 2007, the City Council reviewed and approved the project. 5. On June 26, 2014, the Los Angeles County Public Works advised that the final map prepared for the project has satisfied all the conditions of the City's approval as well as relevant provisions contained in the State Subdivision Map Act (Attachment "C'). 6. On July 07, 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 in 2007. The approval was based on the conclusion that the project would be consistent with the land use designation as well as the City's development standards. The approved tentative map was granted an initial life of two years from the date of approval which was set to expire on February 6, 2009. However, in the past few years the State had passed legislation four times allowing automatic extension for the life of an approved tentative map. Under the provisions of SB 1185, AB 333, AB 208, and AB 116, the life for Tentative Tract No. 66417 (this project) was automatically extended to February 6, 2016. At this moment, the final map is ready for recordation. The map has been reviewed and approved by the City Engineer. The applicant also signed the Subdivision Improvement Agreement and placed the security deposit for street improvements. Staff therefore concludes that it is time for the City's certification. Certifying the final map will allow the developer to record said map and start construction of the project. 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. City Council August 5, 2014 Page 3 of 3 ATTACHMENTS: A. Copy of the Subdivision Improvement Agreement B. Copy of final map for Tract No. 66417 C. Letter from Los Angeles County Public Works 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: Jose E. Pulido, City Manager 9701 Las Tunas Drive Temple City, California 91780 Attachment A THIS SPACE FOR RECORDER'S USE ONLY SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP tfb4! 7 By and Between THE CITY OF TEMPLE CITY, a municipal corporation and DATED 1 c/~ £ /p I ; '20121- SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP 66411 This Subdivision Improvement Agreement ("Agreement") is entered into as of this / ( day of 2dl41 {i; . 2012 by and between the City of Temple City, a municipal corporation ("City") and /ott ~cJ<jfJ ("Developer"). City and Developer are sometimes hereinafter indivi ly referred to as "Party" and heremafter collectively referred to as the "Parties." RECITALS A. Developer has submitted to City an application for approval of a final tract map for real property located within City, a legal description of which is attached hereto as Exhibit "A". The tract map is identified in City records as Trac~ ~ No. 6@1 J. On _____ __,the City conditionally approved Tract No. ~I Z . B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Goverrnnent Code sections 66410 et seq.), ("Map Act") the City Ordinances, the conditions of approval for Tract No. f:<X;I 7 , or other ordinances, resolutions, or policies of City requiring construction of improvements in conjunction with the subdivision ofland. 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 furnis~.of the security therefor, acceptable to the City Engineer and City Attorney, for Tract No. 66§._ /7 . D. City has authority to enter into this Subdivision Improvement Agreement pursuant to Government Code Sections 66499-66499.10. E. Pursuant to Goverrnnent Code Section 66499, Developer's execution of this Agreement and the pro vis~¢ the security are made in consideration of City's approval of the finalmapforTractNo. ob417. DEFINED TERMS "Developer" shall mean Toty .!'jjVYeJ , a ::l';;,IOt}J/i.YJ-.('__ . The term "Developer" shall also include 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. - 1 - "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 Act" shall mean the Subdivision Map Act, Government Code Sections 66410 et seq. "Pro~}hall mean the all of the real propert.y contained within the boundaries of Tract Map No. . 4/7 located in the City of Temple City, California, as is more particularly descnbed in the legal description and tract 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 facilities, traffic controls, landscaping, street lights and all other facilities required to be constructed and dedicated to the City or other public entity as conditions of approval of Tentative Tract Map No. 664/7 and as shown in detail on the plans, and ~~ecifications which have been approved by the City and incorporated into Tract Map No. (;b4!7 . The Parties agree that the Public Improvements to be completed by Developer are 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 Tract Map r;;;(:;J! 2 . "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. "Tract No 66 !f/2." shall mean the final map prepared and approved by the City for tentative tract map no. (; 641 z.. "Warranty" shall mean the one year period following 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: -2- 1.1 Security. 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 City Council of the City ("City Council") approves the final map for Tract No. 66417 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 of Los Angeles; and /: 1.4 Record Final Map. Developer records the final map for Tract No. f!)bLf/ Z 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, tool s, material s, 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; Utilitv 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. Dev eloper 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-aooroval 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. - 3 - 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 conunenced. 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 Improvements 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 perfonn such maintenance work when notified to do so by City. If Developer fails to properly -4- 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 Ot<J t:; years (LL months) following approval of the final map forTractNo. 6t:1J7 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 ~· 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 Tract No. bbg-1 7 shall confom1 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 tin1e 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 constructio1;1 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 seq. of this Agreement. 6. UTILITIES. Developer shall provide utility services, including water, sewer, power, gas, and telephone service to serve each parcel, lot, or nnit of land within Tract No. -5- 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 Tract No. 66'41? , or as required by other governmental agencies having jurisdiction over Tract No. 6641 7 8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole cost, expense, and liability, and at all tin1es during construction of the Public Improvements, maintain reasonable and safe facilities 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 inspected. 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 job 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 of the Public Improvements within the tinle 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-BUILT 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. 10.1 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. -6- 10.2 City Acceptance of Public Improvements. If Tract No. ____ _ 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 Improv ements 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 landsc.aping within the Property in a vigorous arid thriving condition reasonably acceptable to City, for a period of one (1) 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 liability 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 (1) 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. If 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 ~-)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 of this Agreement, to protect City if Developer 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 CJ a faithful performance bond in the amount ot ($ of~ I <J 0 ), which sum shall be not less than one h ndred percent (100%) of the E stimated Costs. j(o.tj/)-eJ. 6,4<1~ 1 fie5 J, riJ 0 - -7 -r~l ,=/t/17/)/IJV>M oi'JE: -J _,~ _M.,N,O~ 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 Tract No. '.( b'fi 2 , and the total remaining Security is not less than twenty-five percent (25%) of the Estimated Costs. All Security provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No. 66417 . 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 Agr~ee nt, Deve.!£per shall provide City a labor and materials bond in the amount of ~ 4iJJil.f¥is/TA6~D~ ($/A.() 50 ), which sum shall not be less than one hundred perce'nt (100%) of the 4.-.0 J-. Estimated Costs. The Security provided under this section may be released by written P.. 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 Liability. 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 w1der 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. -8- 13. MONUMENT SECURITY. Prior to City's execution of this Agreement, to guarantee payment to the engineer or surveyor for the settin~ of all subdivision boundaries, lot comers, and street centerline monuments for Tract No. 6'6'4/2 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 ($ , 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 Tract No. 66417. 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 seq. 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 §!lli. 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. -9- 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. 17.1.1 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 pe r occurrence fo r 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 pr imary with respect to any insurance or self-insurance programs covering City, its elected officials, officers, employees, agents, and volunteers. All policies for 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 furnish 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 b ehalf. 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 wntmg 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 loc al 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 vio lation 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 installatio n 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 liab ility 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 for 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 seq. of tbis Agreement shall probibit 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 remedies. City may institute an action for damages, injunctive relief, or specific performance. 19. GENERAL PROVISIONS. 19.1 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make tbis 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 tbis Agreement, the language of tbis 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 tbis Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this 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: Jose E. Pulido, City Manager 970 l Las Tunas Drive Temple City, California 91780 DEVELOPER: 1/: ?,7 r : %% ) @fi§;&' ~~ //Q';;f ~d ~yt::-<J I - -12- 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 b y one Party against the other Party in connection with this Agreement or t he 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 Tract No. fob41] , 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 th e 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 By: -14- CITY OF TEMPLE CITY -------------------------Don Penman, Interim City Manager APPROVED AS TO FORM By: ~~~~---------------Eric S. Vail City Attorney By: ____________________ ___ Its: v Its: __________________ __ NOTE: DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. -15- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On 6 { 11 , ~before me, '\) '-"""b CI-\\J;,[G,, personally appeared -ToN j\ ib 1 ijl'oJ, proved to me on the basis of satisfactory evidence to be the person(s) whose names(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. 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 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 SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER D D D D D T!TLE(S) PARTNER(S) 0 LIMITED D GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER~-------------------- SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(!ES)) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 6b 411 Lo\ %~ ~ S1 ~ lll-A.cr ...to. l2 ""' ro, Ill 1\\\: cxr"' or \E M P~ C-\1'(, Cou~"T'( OF ~& A\-Hi E: LE ~ ) ~ ~ 0 \"- CA\..\"rb(L\ollA l A'3. ~ MAP ~~12-Pt:i> li-1: Boote:: 2-(t.4, Plt..b'E 2~ AI-ID 25 ~ MAPS, li-1--n\\:0 OF'f"!d; b\= ""t.t\~ co~ .. , .. _ ,,. __ . . . ....... ~-. ,-." '\ .· 1--. J 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACTNO. 1P'='411 I· ST. \V)f\Z-~M'8J.'T = 2 c:. I 4 C>O ,41Ciilb:ft It........ . ~ i.. W\'£ "' I I 1 oo 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. b6.(fl1 As evidence of understanding the provisions contained in this Agreement, and of the 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: f?.o-AC' . $ /{(!,;4()0 Smecy: ~ o ~~----------------------~~et= 1 7 o Attorney-in-fact: PERFORMANCE BOND PRINCIPAL AMOUNT: J Address: .$ MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ R MI.J .. 13i 2..0 C) Surety: !/2E£ -fl. fl s:-0 Attorney-in-fact: Address: 0 " CASH MONUMENT SECURITY: $:.__ _ _:4~JL-.I-' ~/_,s/.:....::ZJ=----,--- Amount deposited per Cash Receipt No. Date: 6/ /(til "f e~IN1 d ..,.. t?/'0/lf)b Jt 2-fto ;o;J 1 SUBDIVISION IMPROVEMENT AGREEMENT COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION ROADS COST ESTIMATE FOR BOND PURPOSES PREPARED BY _ ___,_J"'C:_L _____ DATE 05/16/2012 CHECKED BY __ -\ Item Quantity Unit Cost >$50k Unit Price <$50k Unit Price Pavement Asphalt A. C. (2") -Performance Grade $ 0.69 /S.F. $ 1.01 A. C. 3" -Performance Grade $ 1.03 /S.F. $ 1.29 A. C. 4" -Performance Grade $ 1.32 /S.F. $ 1.59 A. C. 6" ~Performance Grade $ 1.77 /S.F. $ 2.16 RBAC-Rubberized Asphalt Concrete $ 2.65 /S.F. $ 3.44 AC. (removal) 70 $ 2.11 /S.F. $ 2.95 A.C. (coldmill) $ 0.74 /S.F. $ 1.27 P.C. Concrete Sidewalk ( 4" Thick) 711 $ 3.69 /S.F. $ 4.16 Alley Intersection (6") $ 3.90 /S.F. $ 4.46 Cross-Gutter (8") $ 4.98 /S.F. $ 5.64 Local Depression (3") $ 3.85 /S.F. $ 4.46 Driveway 4") 280 $ 3.18 /S.F. $ 4.05 Driveway 6" -commercial) $ 3.90 /S.F. $ 4.46 Curb Ramp (with detectable warning surface) $ 1,585.17 Each $ 2,005.83 Pavement (9") $ 5.39 /S.F. $ 6.05 Grouted Rip Rap (6"-12") $ 8.46 /S.F. $ 14.26 Grouted Rip Rap (12"-19") $ 9.54 /S.F. $ 16.36 Gunite (3") $ 3.69 /S.F. $ 4.26 Reinforced Concrete $ 634.07 /C.Y. $ 718.20 Curb and Gutter P.C.C. Inverted Shoulder (7-1/2" CF) $ 14.88 /L.F. $ 18.47 P.C.C. Curb and 2' Gutter Typ_e A2-6 $ 13.85 IL.F. $ 17.44 P.C.C. Curb and 2' Gutter Type A2-8 42 $ 14.88 /L.F. $ 18.47 P.C.C. Curb and 2' Gutter Type B1-6 $ 12.83 /L.F. $ 15.90 P. C. C. Curb and 2' Gutter (Type B2,(3)-6) $ 13.85 /L.F. $ '17.44 P.C.C. Curb Type C $ 12.83 /L.F. $ 15.90 A.C. Curb Type D $ 12.83 /L.F. $ 15.90 P .C.C. Alley Gutter $ 12.83 /L.F. $ 15.90 Miscellaneous Items Street Name Sions $ 528.39 Each $ 528.39 Unclassified Excavation $ 79.52 /C.Y. $ 79.52 Clearing & Grubbing $ 79.52 /C.Y. $ 79.52 Sawcut 90 $ 2.15 /L.F. $ 2.67 Concrete Removal Non Reinforced 10 $ 317.03 IC.Y. $ 317.03 Concrete Removal Reinforced $ 528.39 /C.Y. $ 528.39 Crushed Agg. Base (under AC & PCC pavement) $ 52.84 /C.Y. $ 63.61 Crushed Aoo. Base (under sidewalk, c&g, driveway) '.· 21 $ 52.84 /C.Y. $ 63.61 Crushed Aoo. Base (removal) 11 $ 44.63 /C.Y. $ 53.35 6 Mil Polyethylene Film Membrane (30" deep) $ 10.77 /L.F. $ 12.83 Trench Backfill Slurry (270-E-500) 2 $ 159.03 /C.Y. $ 215.46 Fees Effective 07/01/2008 Total Cost $ - $ - $ - $ - $ - $ 206.50 $ - $ 2,957.76 $ - $ - $ - $ 1,134.00 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 775.74 $ - $ - $ - $ - $ - $ - $ - $ - $ 240.30 $ 3,170.30 $ - $ - $ 1,335.81 $ 586.85 $ - $ 430.92 Page 1 of 3 I "o....;l ............. I~'-" >f '-1¥1.._1. I ...... I 'IJI' I I" .... ,.H .... L.. IWII" I I l U ....... I l • ..._.."----="'-'-'------------ I AA'l-4 AA'l'li=IIIC::: """' T<=>" I= I"ITV l"h 017An Geotextile fabric $ Street Li~hts $ Guard Rail $ Guide Markers $ Chain Link Fence (5') $ Chain Link Fence (6') $ Tree Removal (Ave. 12" D) $ Adjust manhole $ Tree Well and Covers $ Remove Temporary Turnaround $ Construct Temporary Turnaround $ UnderQround Utilities $ Drainage Facilities Curb Drain Curb Drain, 1 Pipe $ Curb Drain, 2 Pipes $ Curb Drain, 3 Pipes $ Parkway Drain No. 1 2 $ Catch Basins Catch Basin No. 300, W-3.5' $ Catch Basin No. 300, W-7'-1 0' $ Catch Basin No. 300, W-14' $ Catch Basin No. 300, W-17', 21' $ Catch Basin No. 300, W-28' $ Catch Basin No. 301, W-7' W/1 Grate $ Catch Basin No. 301, W=10' W/1 Grate $ Catch Basin No. 301, W-14' W/1 Grate $ Catch Basin No. 301, W-14' W/2 Grate $ Catch Basin No. 301, W-21' W/2 Grate $ Catch Basin No. 301, W-28' W/2 Grate $ Catch Basin No. 301, W-21' W/3 Grates $ Catch Basin No. 301, W-28' W/3 Grates $ Is Estimated Cost< $50,000 (Yes or No)rnes Signing & Striping Plan? (Yes or No) No Traffic Control Plan? (Yes or No) No Fees Effective 07/01/2008 3.18 /S.F. $ 4.31 .$ 15,390.00 Each $ 15,390.00 $ 44.63 /L.F. $ 47.71 $ 12.83 Each $ 15.90 $ 15.90 /L.F. $ 21.14 $ 20.60 /L.F. $ 28.73 $ 454.52 Each $ 549.94 $ 412.45 Each $ 486.32 $ 95.42 Each $ 105.68 $ 792.07 Each $ 792.07 $ 1,478.47 Each $ 1,478.47 $ 211.36 /L.F. $ 211.36 $ 1,056.78 Each $ 1,056.78 $ 1,372.79 Each $ 1,372.79 $ 1,689.82 Each $ 1,689.82 $ 3,167.26 Each $ 3,167.26 $ 4,227.12 Each $ 4,227.12 $ 4,755.51 Each $ 4,755.51 $ 5,812.29 Each $ 5,812.29 $ 7,397.46 Each $ 7,397.46 $ 8,454.24 Each $ 8,454.24 $ 5,283.90 Each $ 5,283.90 $ 6,340.68 Each $ 6,340.68 $ 6,869.07 Each $ 6,869.07 $ 7,925.85 Each $ 7,925.85 $ 9,511.01 Each $ 9,511.01 $ 11,624.58 Each $ 11,624.58 $ 11,624.58 Each $ 11,624.58 $ 12,681.36 Each. $ 12,681.36 $ ) $ Subtotal (A Signing & Striping Plan (4% x A= B Traffic Control Plan ( 5% x A = C Contingency (15% x (A+B+C) = D Inflation (12% x (A+B+C+D) = E Improvement Total (A+B+C+D+E = F Inspection (Use Table1) (G Street Bond Amount (F+G = H ) $ ) $ ) $ ) $ ) $ ) $ ) $ - - - - - - - - - - - - - - - 6,334.52 - - - - - - - - - - - - - 17,172.70 - - 2,575.91 2,369.83 22,118.44 4,191.78 26,400.00 Roundup to nearest hundred Page 2 of 3 I ~·•-'~ ........ II VII I ........ V '->•1.._1 ~I...,. I .... I. I I U • ....,..._,_ , ... " I l I •I >"-'I I ~"-"•----"=-'-'------------- 1 /"\I" \TII""\1 AA'J.t AA'ln 1='111C.: I fd\ll=' Tl='f.I1DII=' ("lTV ("l'J. 017Rf'i STREET TREE BOND Item I Quantity I Unit Cost I Total Cost I Street Trees I 21 $ 527.66 Each I $ 1,055.76 I Subtotal (I) $ 1,055.76 Contingency (15% xI= J) $ 156.36 Inflation (12% x (l+J) = K) $ 145.69 Improvement Total (I+J+K = L) $ 1,359.82 Inspection (Use Table1) (M) $ 322.00 Street Tree Bond Amount (L+M = N) $ 1,700.00 Roundup to nearest hundred PLAN CHECKING FEE VALUATION Valuation for Plan Check Fee (F-E-C-St Lights-Underground Utilities+ L-K = 0)!7$ _....;;,20~,9;;.,6~2;;-;.7;;:3:-1 Total Plan Check Fee (See Table 2, based on valuation) (P)'-"-$ __ 3:.c,8:.;7c.;;6;;.:.3;.:0_, TABLE 1: Inspection Fee Calculation* Improvement Total (F\ Inspection Fee (G) $1,625 or less $322 $1,626 to $20,000 $322 + 19.77% over $20,001 to $100,000 $3,956 + 11.13% over $100,001 to $500,000 $12,858 + 5.88% over $500,001 & over $36,380 + 3.09% over *Inspection fees are an estimated amount and subject to change. Please verify with Construction Division upon request of the construction permit issuance. TABLE 2: Plan Check Fee Calculation Valuation Total (0\ $10,000 or less $10,001 to $100,000 $100,001 & over 1. After the fourth submittal-$307.00 per sheet 2. Revisions -Fee is based on $307.00 per sheet Fees Effective 07/01/2008 Plan Check Fee (Pl $1,494 $2,700 $12,361 24.19% over + 10.73% over + 2.63% over $1,625 $20,000 $100,000 $500,000 $5,000 $10,000 $100,000 Page 3 of 3 DATE I TIME: 6/111201412:25:47 PM No: LR556813 IAMOUNT: l$42,150.00 FROM: COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS RECEIPT Tom Nguyen TR 66417 Road Improvement (F $26,400 & L $13,200), StreetTrees ~(F $1,700 L $850) PAYMENT TYPE: AMOUNT: DATE: CHECK#: Page 1 of 1 p-CHECK I MONEY ORDER LCASH 1$42,15000 1611112014 10023101011,0023101436 jooo [": CREDIT-VISA/MASTER CARD looo [": CREDIT-DISCOVER jo_o_o_ .... Total: $42.150.00 PAYMENT FOR: tTR 66417 Road improvement and Street Trees Security bonds ADDITIONAL INFORMATION: WI" om Nguyen 1923 S. Myrtle Ave Monrovia, CA 91016 323-864-2965 tomng888@yahoo.com PREPARED BY: ~ran, Chi FILL IN THE FOLLOWING IF AVAILABLE I FUND: BSA IRS I OBJECT: PROJ I FUNC: ACTIVITY: UNIT: AMOUNT: lr.JT;:;:F:;:-2"-'----,F"'7o""4__:__:.;.;.;;;,;;..:.._r-'-'"-'--'---~r----~,r------~$39,6oo.oo lm j776s J$2,550 oo Total: 1$42,15000 DEPOSIT PERMIT No.(DP#): http://apps.intranet/finsys/dra/print.aspx?oid=LR556813&action=printcopy 06/11/2014 Attachment 8 1 LOT SHEET 1 OF 2 SHEETS 19,235 SQ. FT. TRACT NO. 66417 IN THE CITY OF THE TEMPLE CITY COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF LOTS 86 AND 87, TRACT NO. 12998, AS PER MAP RECORDED IN BOOK 264, PAGES 24 AND 25 OF MAPS, IN THE OFFICE OF Tl-1E COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES OWNER'S STATEMENT: WE HEREBY STATE THAT WE ARE THE OWNERS OF OR ARE INTtRESTED IN THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP l\i!TKIN THE DISTlNCTlVE BORDER UNES, AND WE CONSENT TO THE PREPARATION AND FlUNG OF SAID MAP AND SUBDIVISION. Wf:. HEREBY DEDICATE TO THE CITY OF TEMPLE CITY TKE EASEMENT FOR DRAINAGE, EMERGENCY INGRESS AND EGRESS, SANITARY SEWER, WATER LINE, AND U1llll1ES PURPOSES SO DESIGNATED ON SAID MAP AND ALL USES INCIDENT THERETO, INCLUDING THE RIGHT TO MAKE CONNECTIONS THEREWITH FROM ANY ADJOINING PROPERTIES VM INVESThiENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (OWNER) CXD HOLCIINGS LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (OWNER) TOM NGUYEN {MEMBER) VM INVESThiENT, LLC KELLY DAD X NGUYEN (MEMBER) CXD HOLDINGS LLC NOTARY ACKNOWLEDGEMENT: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CHUONG MICHAEL V. DANG (MEMBER) CXD HOLDINGS LLC ON BEFORE ME, A NOTARY PUBliC, PERSONALLY APPEARED TOM NGUYEN, CHUONG MICHAEL V. DANG. AND KELLY DAD X NGUYEN. WHO PROVED TO ME ON THE 8AS1S OF SATISFACTORY EVIDENCE TO BE THE PERSONS WI-lOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWI.EOGEO TO ME THAT THEY EXECUTED THE SAME IN 1HEIR AUTJ-lORIZED CAPACillES, AND 1HAT ElY TI1EIR SIGNATURES ON THE INSTRUMENT. ll-IE PERSONS OR THE ENTITY UPON BEHALF Of WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. I CERllFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF Tl"lE STATE OF CALIFORNIA ll-IAT TJ-lE FOREGOING PARAGRAP11 IS TRUE AND CORRECT. WITNESS MY HAND SIGNATURE--------- PRINTED NAME--------- MY PRINCIPAL PLACE OF BUSINESS IS IN LOS ANGELES COUNTY MY COMMISSION EXPIR<eC~>o~===:-­ MY COMMISSION NO. _ CONDOMINIUM NOTE: THIS SUBDIVISION IS APPROVED AS A CONDOMINIUM PROJECT FOR 5 UNITS. WHEREBY THE OWNERS OF THE UNITS OF AIR SPACE WILl.. HOLD AN UNDIVIDED INTEREST IN ll-IE COMMON AREAS ll-IAT WILL, IN TURN, PROVIDE THE NECESSARY ACCESS AND U11UTY EASEMENTS FOR 111E UNITS. SIGNATURE OMISSION NOTES: ll-IE SIGNATURES OF THE PARllES NAMED HEREINAFTER AS OWNERS OF 11-IE INTEREST SET FORTH, HAVE SEEN OMITIED UNDER PROV1SIONS OF 11-IE SUBDIVISION MAP ACT. SECTION 66436 (o){3)(A) 1-viii. AS ll-IEIR INTEREST IS SUCH T'rlAT IT CANNOT RIPEN INTO A FEE llTLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY. SOUll-IERN CALIFORNIA lELEPKONE COMPANY, A CORPORAllON. EASEME:.'H HOLDER FOR TEL£PHONE. TELEGRAPH AND COMMUNICATION STRUCTURE PURPOSES, AS DISCLOSED BY DEED RECORDED IN BOOK 22010, PACE 29 OF OFFICIAL RECORDS, RECORDS OF THE COUNTY OF LOS ANGELES. SOUTHERN CALIFORNIA EDISON COMPANY LTD., A CORPORAT1DN. ITS SUCCESSOR'S AND ASSIGNS, EASEMENT HOlDER FOR EI.ECTRIC LINE PURPOSES, AS DISCLOSED BY DEED RECORDED IN BOOK 21989, PAGE 391 OF OfFICIAL RECORDS, RECORDS OF TKE COUNTY OF LOS ANGELES. THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION. EASEMENT HOLDER FOR UNDERGROUND TELEPHONE, TELEGRAPH AND COMMUNICATION STRUCTURE PURPOSES. AS DISCLOSED BY DEED RECORDED ON SEPTEMBER 8, 1964, IN BOOK D2519, PAGE 850 AS INSTRUMENT NO. 5128, Of OFFICIAL RECORDS. RECORDS OF THE COUNTY OF LOS ANGELES. IN ACCORDANCE 1\HH n-tE PROVISION OF SECTION 66436(A) (3) I-VII OF Tl"lE SLIBOIVISION MAP ACT, TJ-lE FOLLOWING SIGNATURE liAS BEEN OMITTED. AS THEIR INTEREST IS SUCH THAT IT CANNOT RIPEN INTO A FEE llTLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY. AMERICAN PETROFINA EXPLORATION COMPANY. A CORPORAllON, THE RECORD OWNER Of OIL AND MINERAL RIGHTS BY DEEDS RECORDED SEPTEMBER 11, 1969, AS INSTRUMENT NO. 307.3 AND INSTRUMENT NO. 3074. BOTH OF OFFICIAL RECORDS. RECORDS OF THE COUNTY OF LOS ANGELES. I HEREBY CfJlTIFY THAT All CfJl11F1CATES HAVi: HEEH FILED AND DEPOSITS KAYE SEEN MADE THAT ARE REQUIRED UNDER THE PROVISEONS Of SECTIONS 66492 AND 66493 OF THE SUBDiVISION MAP ACT. EXECU11YE OFFICJ:R. SOARD OF SUPf.RVISO~S OF THE COUNTY OF lOS ANGELES. STAT!: OF CALIFORNIA SURVEYOR'S STATEMENT: THIS MAP WAS PREPARED BY ME OR LINDER MY DIRECllON AND IS BASED UPON A TRUE AND COMPI£TE FIELD SURVEY PERFORMED BY ME OR UNDER MY OIRECllON IN APRIL, 2012, IN CONFORMANCE Wll11 THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT ll-IE REQUEST OF TOM NGUYEN ON APRIL 10, 2012. I HEREBY STATE 111AT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO ll-IE COND1110NALLY APPROVED TENTATIVE MAP; THAT All.. THE MONUMENTS ARE OF ll-IE CHARACTER AND OCCUPY THE POSI110NS INDICA lED; Tl-IAT TKE MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED; AND THAT 11[ NOTES FOR ALL CENTERLINE 11E MONUMENTS NOTED AS "SET" ARE ON FIL£ IN THE OFFICE OF l11E DIRECTOR OF PUBLIC WORKS OF SAID COUNTY. FEB. 1, 201J ""' JACK C. L£E LS 8407 EXPIRES: 0-30-2014 BASIS OF BEARINGS: THE BEARINGS SHOWN 11EREON ARE BASED ON THE BEARING N 18"27'18" E OF THE CENTERLINE OF ELLIS LANE AS SHOWN ON MAP OF TRACT NO. 12998, FILED IN BOOK 264, PAGES 24 AND 25, OF MAPS, RECORDS OF THE COUNTY OF LOS ANGELES .. CITY ENGINEER'S CERTIFICATE: I HEREBY CERTIFY THAT I HAVE EXAMINED THIS I.!AP: TKAT IT CONFORMS SLIBSTANT1ALLY TO THE TENTAllVE MAP AND ALL APPROVED ALTERATIONS ll-IEREOF: THAT ALL PROVISIONS OF SUBDIVISION ORDINANCES OF TKE CITY OF TEMPLE CITY APPUCABLE AT Tl-IE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED Will-I; AND THAT I AM SAllSFIED THAT 11-IIS MAP IS TECHNICAU Y CORRECT Will-I RESPECT TO CITY RECORDS. GAIL FARBER. CITY ENGINEER "''c· -------,,,>e,~eo"D' ''"'""c---- R.C.E. NO. SPECIAL ASSESSMENT'S CERTIFICATE: I KERESY CERllFY THAT ALL SPECIAL ASSESSMENTS LEVlED UNDER Tl-IE JURISDICTION OF l11E CITY OF TEMPLE CITY TO WI-IICH ll-IE LAND INCLUDED IN ll-IE WITHIN SUBDIVISION OR ANY PART ll-IEREOF IS SUBJECT, AND WHICH MAY BE PAID IN FULL. KAYE SEEN PAID IN FULL. CITY TREASURER CITY OF TEMPLE CITY CITY COUNCIL CERTIFICATE: I HEREBY CERTIFY Tl-IAT THE CITY COUNCIL OF ll-IE CITY OF TEMPLE CITY BY MOllON PASSED ON APPROVED ll-IE ATTACHED MAP AND ACCEPTED THE DEDICAT10N OF DRAINAGE, EMERGENCY INGRESS AND EGRESS, SANITARY SEWER, WATER LINE, AND UTILITIES EASEMENTS AS SHO\\N ON SAID MAP. CITY CLERK -GITY OF TEMPL£ CITY COUNTY ENGINEER'S CERTIFICATE: I HEREBY CERT1FY THAT I HAVE EXAMINED ll-IIS MAP; ll-IAT IT COMPLIES Will-I ALL PROVISIONS OF STAlE LAW APPLICABLE AT ll-IE llME OF APPROVAL OF THE TENTAllVE MAP; AND l11AT I AM SATISFIED ll-IAT THIS MAP IS TECHNICALlY CORRECT IN All.. RESPECTS NOT CERTIFIED BY ll-IE CITY ENGINEER. COUNTY ENGINEER BY: , DEPUTY L.S. NO. I KE!li'BY CERTIFY THAT SECURITY IN THE AMOUNT Of"' HAS BEEN filED 'MTH ll-IE EXECUTIVE OFfiCER, BOARD OF SUPER.,SORS Of THE COUNTY OF LOS ANGELES AS SECURITY FOR THE PAYME:NT OF TAXES AIW SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE lAND SHOWN ON MAP OF ffiACT NO. 66417 AS REQlJIRED BY LAW. EXECUTIVE OFFlCEll. SOARD OF SUPER'1SORS OF T"nE COUNTY OF lOS ANGELES. STAT!: OF CALifORNIA SCALE' 1"~ 40' f TRACT NO. 66417 IN THE CITY OF TEMPLE CITY COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FOR E:AS~MENT lEG£Nll• A ~· II!DE EASEMENT OF SOUTHERN CALlFDRNIA TELEPHONE: COMPANY FOR TELEPHONE, TELEC>i!APH ANTI COf!MIJN!CAT!DN STRUCTURE PURPOSES PER UEEO RECDRllED IN BOD~ ZOOID, PAGE 1?.9, O.R" RECORDS OF LOS ANGELES COUNTY. ® 5~L~bD,ERI~Ag~~N~u~fo;~r~gN D~~k~~~~~~~EE~l~NB~O~H!',f,~~~~ T:,;ci.:0 ~91 , O.R,, RECORDS DF UIS ANGELES CG'JNTY. © 4~N~~OR~R~~~H~hWHo1~~ ~~c~~lfAP;_flfJuHDCNOEM~~C~~i~~R~~~u~i\'i~rv FOR PURPOSES PER DEED RECORDED IN BOOK D-201~, PAGE 800, Q.R" RECORDS Or LOS ANGELES CDUNH. ® ~~·AI~;,~~-E~~g~~Jc~0 "~T"HRra:cirr"~' Elim~ Slt~" ~NfA~~ri~i,EMg· PURPOSES, ® PRIVATE DR!VEVAY M<D F1R£LANE @ ~~EWR~C E~f~E~JR~~S~~u;~~R~E~tL~~~:\fEDED!tS~Dci'KDKll~~. L:~[;[~~~. D.R,, RECORDS OF LOS ~NGELES COUNTY. FD L~ZINC NML, TAGGED LS Sol~7 ON lOP Df" \/ALL, 6' ABD~ GRADE, PER LA CD. PVf"B 1427, DDCIJHENT ND. 221G AND ?.211, ACCEPIO:D AS SV'LY cm<NER LOT 8~, TRACT NO. IESS8, MB 2~'1 24-25 >'LY LINE OF" LOT 85, TRACT NO 12998, N8 264-24-25. ESTABLISHED BY FD t<DNUHENJ":S, E•LY LINES OF" LOTS 90, 91, AND 92, TRACT ND !2998, MB 261-24-25, ESTABLISHED 2Y fiEAN BEARING BETVEEN V'L Y LINE Qf ELLIS LANE AND PRQLUNGATIUN OF f.'LY LINE QF TEMPLE CITY ~LVD, THROUGH S'LY INTE;RSECT!DN OF SAID LINES PER SAID TRACT llOIINDARY NOI.-S, @ ~~4=g~~~~. ~STLfnt!~~·oJR:yp~8RA1fl~~a,P~ @ t~~2~f~1~u~.~~1L~~fle:~R~~T :~o~9~"NG~~ FROK SE CORNER OF SA!D lQ! 88 PER SAID TRACT. SHEET 2 OF 2 SHEETS INDICATES TtiE BOllNDARY OF TriE LAND BEING SIJBDIVIDED BY TJ-11S MAP. ;1 /t ,~ f"D Li.T, TI\GGED LS 8<107, Prn LA, CD, P\IFB 1<27, DOCUHENT ND, 2210 AND 2211, ACCEPTGl AS SE'LY CORNER DF LOT B5, TRACT ND. 12598, ~B 264-24-20, FD L~T, TA~GEO L> 8407, PER LA. CO. P\lfB \427, DDCLJ>IENT NO, 2210 AND 22[1, ACCEPTED AS NE'L Y C~NER Df LOT BB, TRACT NO, !2~~8, ~B 264-24-25, GAIL FARBER, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458-5100 http://dpw.lacounty.gov Attachment C ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAlvfBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE June 26, 2014 REFER TO FILE: LD-2 The City Council City of Temple City 9701 East Las Tunas Drive Temple City, CA 91780-0668 Dear Council Members: TRACT NO. 66417 As the City Engineer, I have reviewed Tract No. 66417 and determined it is ready for your approval and acceptance of dedications shown thereon. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Make findings as follows: a. That this project will not violate any of the provisions of Sections 66474, 6647 4.1, and 6647 4.6 of the Subdivision Map Act. b. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the Government Code or any specific plan adopted. pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the Government Code. c. That the development of the property in the manner set forth on the subject division of land will not unreasonably interfere with the free and complete exercise of any public entity and/or public utility rights-of-way and/or easements within the subject division of land, pursuant to Sections 66436(a) 3A (i-viii) of the Subdivision Map Act. 2. Approve the final map for Tract No. 66417. The City Council June 26, 2014 Page 2 3. Accept dedications as indicated on said map. 4. Approve and accept the following work agreements and improvement securities after they have been examined and approved by the City Attorney: a. An agreement to construct road improvements and street trees. Two bonds for improvement security were deposited with the County of Los Angeles Department of Public Works for your City and transmitted herewith. One bond is in the amount of $28,100 for faithful performance. The other is in the amount of $14,050 for labor and materials. 5. Instruct the City Clerk to endorse on the face of the map ofTract No. 66417 the certificate that embodies the approval of said map and acceptance of dedications shown thereon. Please return the signed original tracing to the Department of Public. Works' Land Development Division, Subdivision Mapping Section, for processing and filing with the Registrar-Recorder/County Clerk's office. ];:"", (';. GAIL FARBEr 'xf!(' City Engineer FP:tb P:\LDPUB\SUBMAPPING\City Council Letters\TR66417-TC En c.