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HomeMy Public PortalAbout08) 7F Final Subdivision Map for Tract Map No. 72407 9250 Lower Azusa Road (74-Unit Single Family Residential Project)AGENDA ITEM 7.F. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: August 5, 2014 TO: The Honorable City Council FROM: Donald E. Penman, Interim City Manager ~ Via: Michael D. Forbes, Community Development Director ~ By: Peter Sun, Management Analyst SUBJECT: FINAL SUBDIVISION MAP APPROVAL FOR TRACT MAP NO. 72407, TO CONSTRUCT A 74-UNIT SINGLE-FAMILY ATTACHED AND DETACHED RESIDENTIAL PROJECT, LOCATED AT 9250 LOWER AZUSA ROAD (APNS: 8592-005-003 AND 8592-005-004) RECOMMENDATION: The City Council is requested to: a) Receive the Subdivision Improvement Agreement (Attachment "A"); b) Approve the final tract map for Tract No. 72407 and dedications indicated on the map (Attachment "B"); c) Authorize the Interim City Manager to execute the Subdivision Improvement Agreement; and d) Authorize the City Clerk to certify Tract No. 72407. BACKGROUND: 1. On July 1, 2013, the City received an application proposing a 74-unit single-family subdivision ("project") on the property located at 9250 Lower Azusa Road. 2. On December 10 , 2013, at a noticed public hearing, the Planning Commission voted in favor of the project and made the recommendation to the City Council to approve the project. 3. On January 7, 2014, the City Council adopted Resolution No. 14-4962 to approve City Council August 5, 2014 Page 2 of 2 the Tentative Tract Map, Conditional Use Permit, and Site Plan Review for the project The project was approved concurrently with a Zone Change, General Plan Amendment, and a Zoning Ordinance to create a new lnfill Community (IC} Overlay District 4. On July 17, 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 5. On July 24, 2014, the City Engineer advised the City that the final map prepared for the project has satisfied all the conditions of the City's approval as well as the corresponding provisions contained in the State Subdivision Map Act ANALYSIS: The attached final map for Tract No. 72407 is consistent with the approved tentative map, and has been reviewed and certified by the City Engineer. The final map meets the requirements of the Subdivision Map Act and conditions imposed by the City. The applicant has signed the City's Subdivision Improvement Agreement and placed the required security deposit with the City. 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 the development 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 the 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 Tract No. 72407 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 E. 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 TRACT MAP 72407 By and Between THE CITY OF TEMPLE CITY, a municipal corporation and OLSON URBAN-TEMPLE CITY 1, LLC, ADELA WARE LIMITED LIABILITY COMPANY DATED __________ ., 2014 SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP 72407 This Subdivision Improvement Agreement ("Agreement") is entered into as of this __ day of . 2014 by and between the City of Temple City, a municipal corporation ("City") and Olson Urban -Temple City 1, LLC, A Delaware Limited Liability Company, ("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 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 Tract Map No. 72407. On June 24, 2014 the City conditionally approved Tract No. 72407. B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Govermnent Code sections 66410 et seq.), ("Map Act") the City Ordinances, the conditions of approval for Tract No. 72407 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 Tract No. 72407. 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 Tract No. 72407. DEFINED TERMS "Developer" shall mean Olson Urban -Temple City 1, LLC, a Delaware limited liability company. 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. - 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. "Property " shall mean the all of the real property contained within the boundaries of Tract Map No. 72407 located in the City ofTemple City , California, as is more particularly described 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. 72407 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. 72407. 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 72407. "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 72407. shall mean the final map prepared and approved by the City for tentative tract map no. 72407. "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 promise s 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 follow s: 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. 72407 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 fmal map for Tract No. 72407 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 Deve loper 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 perfom1ed to the complete satisfaction of the City Engineer and the owner of such water or sewer system. Developer further promi ses and agree s 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 C lerk 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 ~ith all other ~equirements 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 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 Califomia. 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 Aooroval. 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 perform 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 three years (36 months) following approval of the final map for Tract No. 72407. 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 seg. 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. 72407 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 seg. 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 Tract No. -5 - 72407 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. 72407, or as required by other govermnental agencies having jurisdiction over Tract No. 72407. 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 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 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-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. 72407 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. I 0.3 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 (I) 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 (I) 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 (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. 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 seq.) shall in no way limit or modify Developer's indemuification 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 seq. 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 faithful performance bond in the amount of Seventy Eight Thousand, Five Hundred and Seven Dollars ($78,507) which sum shall be not less than one hundred percent (100%) of the Estimated Costs. -7- 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. 72407, 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. 72407. 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 an1ount of Seventy Eight Thousand, Five Hundred and Seven Dollars ($78,507) which sum shall not be less than one hundred percent (I 00%) 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 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 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 (10) 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 setting of all subdivision boundaries, lot comers, and street centerline monuments for Tract No. 72407 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 0 Dollars ($ 0 ), 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. 72407 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 seq. 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 Types; 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 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 selt~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 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 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 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 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 (I 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 -ll - 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 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 remedies. City may institute an action for damages, injunctive relief: or specific performance. 19. GENERAL PROVISIONS. 19.1 Authoritv to Enter Agreement. Each Party warrants that 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 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: Donald E. Penman, Interim City Manager 9701 Las Tunas Drive Temple City, California 91780 DEVELOPER: Olson Urban-Temple City I, LLC, A Delaware Limited Liability Company 3010 Old Ranch Parkway Suite 100 Seal Beach, CA 90740 -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 obligations under this Agreement, whether of the same or similar type. The foregoing shall 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 laws, 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 assigmnent, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assigmnent, 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 govermnental 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 Patiy 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 Tract No. 72407, 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: PeggyKuo City Clerk -14- CITY OF TEMPLE CITY By:=--=-=-------- Don E. Pemnan, Interim City Manager APPROVED AS TO FORM By: ____________ _ Eric S . Vail City Attorney Olson Urban-Temple City 1, LLC a Delaware limited liabil ity Company By: Olson Urban Communities, LLC a Delaware limited liability Company Its: Mem ber By: Olson Urban Ventures, LLC a Delaware limited liability company Its: Managing Member By: Olson Urban Housing, LLC a Delaware limited liability company Its: Managing Member By: In Town Living, Inc. a Delaware corporation Its: Managing Member By:~~ NOTE: Its: Senior Vice President and CFO 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 - State of California County of Orange On July 15, 2014 before me, N. Steinkellner, Notary Public, personally appeared Scott Laurie & Mario Urzua, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On , --before me, , personally appeared , 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. Signature: 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 DESCRIPTION OF ATTACHED DOCUMENT D INDIVIDUAL D CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) SIGNER(S) OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On _______ j __ before me, -----------~' personally appeared ___________ _ 0 personally known to me -OR-0 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. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) PARTNER(S) 0 0 LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES 0 0 0 0 0 OTHER. ____________________ ___ DATE OF DOCUMENT SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) SJGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY TRACT NO. 72407 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS TRACT NO. 72407 1 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "C" SURETY BONDS AND OTHER SECURITY TRACT NO. 72407 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: PERFORMANCE BOND PRINCIPAL AMOUNT: $ __:7_:c.8'-",5""-07'------~ Surety: Attorney-in-fact: Address: MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ __:7_.:::81.:::,5:::c07,__ __ Surety: Attorney-in-fact: Address: CASH MONUMENT SECURITY: $'--------::,---------- Amount deposited per Cash Receipt No. Date: I SUBDIVISION IMPROVEMENT AGREEMENT BOND NO. PB03010401437 INITIAL PREMIUM: $589.00/ Annually SUBJECT TO RENEWAL CITY OF TEMPLE CITY TRACT MAP NO. 72407 IMPROVEMENTS FORM OF PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of Temple City, California ("City'') and Olson Urban-Temple City 1, LLC * ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor , materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls , landscaping, street lights , and all other required facilities for Tract Map No. 7240 7 ("Public Improvements"); *a Delaware limited liability company WHEREAS, the Public Improvements to be performed by Principal are more particularl y set forth in that certain Subdivision Improvement Agreement dated , 2005 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and inco rporated herein by reference; and WHEREAS, Principal is required by the Improvement Agreement to provide a goo d and suffic ient bond for performance of the hnprovement Agreem ent, and to guarantee and warranty the Public Improvements constructed thereunder. NOW, THEREFORE, Principal and Philadelphia Indemnity Insurance Company ("Surety''), a corporation organized and existing under the laws of the State of Pennsylvania, and duly authorized to transact surety business under the laws of the State of California, are held and f11mly bound unto City in the sum of Seventy Eight T housand Five Hundre d Seven Dollars ($ 78,507 .00 ), said sum being not less than one hundred percent (100%) ofthe total cost of the Public Improvements as set forth in the Improvement Agreement, we bind ourselves, our heirs , executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to t h eir intent and meaning, and to indemnify and save harmless City, its officers, empl oyees, and agents, as stipulated in the Improvement Agreement, then this obli gation shall become null and vo id; otherwise it shall be and remain in full force and effect. 1 SUBDNISION IMPROVEMENT AGREEMENT As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. This bond is executed and filed to comply with Section 66499 et ~· of the Government Code of California as security for performance of the Improvement Agreement and security for the one-year guarantee and warranty of the Public Improvements. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Irvine, CA , this _!_1_tl1_ day of July 2014 Olson Urban-Temple City 1, LLC a Delaware limited liability company f;>hila~elphia Indemnity Insurance Company NOTE: Principal (. Sur·e·t~ (~(}/}/~ ,~ IL--By: ~--~--~~~~---------/ ~----~~~---------------Its: Managing Member / · Attorney-In-Fact : ~ ,.- -,-,----,--------\. _ _.,./" (print name) Janina Monroe, Attorney-in-Fact (print name) APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COMPANY MUST BE ATTACHED TO THIS BOND. 2 SUBDIVISION IMPROVEMENT AGREEMENT OLSON URBAN-TEMPLE CITY 1, LLC a Delaware limited liability company By: OLSON URBAN COMMUNITIES, LLC a Delaware limited liability company Its: Member By: OLSON URBAN VENTURES, LLC a Delaware limited liability company Its: Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Its: Managing Member By: IN TOWN LIVING, INC., a Delaware corporation Its: Managing Member By: D-~ Name: cott Laurie Its: President and CEO ~~~Jtc--:= Its: Senior VP and CFO State of California County of Orange On July 15, 2014 before me, N. Steinkellner, Notary Public, personally appeared Scott Laurie & Mario Urzua, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ~tfui¢<;;<1%'Q<;'{%'¢X.«U'9-><X"?X'9.R:X:g;'l:K«-<:;qg.-=«"'%«'G:'<R'X'§;;g~'@:'<K-Q;U'§;;%'9<><X~~-g~.g STATE OF CALIFORNIA Orange } Counzyof ____________________________________ __ JUL 11 'l014 Melissa A, Lopez, Notary Public On _______ ~~~------b$oreme, ______________ ~~~~~~~~~~-------------- Dats Here Insert Name and Title of .the Officer Janina Monroe personally appeared------------------------------;:-=====--------------------------Name(s} o.1 Signer{&) Place Notary Sea!. Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) .is/are subscribed tc the within instrument and acknowledged to me that i'lelshe/they executed the same In hislher/l:heieauthorized capaclty(ies), and that by hisfherl!heir-signature{s) on the instrument the person(s). or the entity upon behalf of which the person(s} acted, executed the instrument I certity under PENALTY Of' PERJURY under the laws of the State of California that the foregoing paragraph is true and correct -----------OPTIONAL---------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document:-------------------------------------------------------------- Document Date: _____________________________________ Number of Pages.: ______________ _ Signer(s) Other Than Named Above: ____________________________________________________ _ Capaclty(ies) Claimed by S!gner(s) Signer's Name: Janina Monroe D Individual D Corporate Officer--Title(s): _______________ _ D Partner--D Limited D General 1!9 Attorney in Fact ~-~~~5iii D Trustee • D Guardian or Conservator Top of thumb here D Other. ____________ ~ Signer Is Representing: Signer's Name: _______________________ _ D Individual D Corporate Officer--Ti!le(s):~---------- 0 Partner-D Limited D General D Attorney in Fact ~i~~~5iii D Trustee • D Guardian or Conservator Top of thumb-here D Other:. _____________ _ Signer Is Representing: '""""0;x:z-~=~'{g;"(;%x;x,;'¢'~~«««««'9G«'Q>~'9'~~""'«««=""'g"<X««-<R'""'''<X«<'<;:<;x-gyc;g:;~-c © 2007 Naikma1 Nio:tary-Assocla<km • 9350 De -SDtu Aw., RO. &ox 2402 "'Chatsworth. CA £'131 3,2402 .. I'IYiW.NationaiNotary.org ltem ;':5907 flenK!er;· Call Ta1!-fr'* l-800-'876-6827 PHILADELPHIA JNDEMNITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004~0950 Power of Attorney 1361 KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEI\1NITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANIES, LLC Its true and lav..ful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and vvritings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.00 This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE CO:MPANY at a meeting duly called the 1st day of July, 201 L RESOLVED: FURTHER RESOLVED' That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officers and the seal of the Company may be affixed to any such Pmver of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shaH be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE TillS 7TH DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On tllls 7th day of February 2013, before me came the individual who executed the preceding instrument, to me personally knovm, and being by me duly swam said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affJXed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affJXed. Notary Public: residing at: Bala CVmwd PA (Notary Seal) My commission expires: March22 2016 I, CraigP. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certifY that the foregoing resolution ofthe Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attomey as President, was on the date of execution of the atl<If~1!19 Po.y.rer-ff ~~Qp~ey the duly elected President of PHILADELPHIA INDEMNITY INSURANCE CO:MPANY, J U L l .[ L u·l tf In Testimony Whereof I have subscribed my name and affhed the facsimile seal of each Company this ____ ,day of _________ ~-20 __ . Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY BOND NO. PBD3010401437 INITIAL PREMIUM: Included in cost of Performance bond. SUBJECT TO RENEWAL CITY OF TEMPLE CITY TRACT MAP 72407 IMPROVEMENTS FORM OF LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: WHEREAS the City of Temple City California ("City") and Olson Urban-Temple City 1, LLC ("Principal"), have executed au agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment,· services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Tract Map No. 72407 ("Public Improvements"); *a Delaware limited liability company WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated , 2005 ("Improvement Agreement"); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required to furnish a bond in connection with the Improvement Agreement providing that if Principal or any of its subcontractors shall fail to pay for any materials, provisions, or other supplies, or terms used in, upon, for, or about the performance of the Public Improvements, or for any work or labor done thereon of any kind, or for amounts due under the provisions of Title 15 (commencing with section 3082) of Part 4 of Division 3 of the California Civil Code, with respect to such work or labor, that the Surety on this bond will pay the same together with a reasonable attorney's fee in case suit is brought on the bond. Philadelphia Indemnity NOW, THEREFORE, Principal and Insurance Company ("Surety"), a corporation organized and existing under the laws of the State of Pennsylvania , and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and to any and all material men, persons, companies or corporations furnishing materials, provisions, and other supplies used in, upon, for or about the performance of the Public Improvements, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to the Public Improvements to be done, and all persons performing work or labor upon the same and all persons supplying both work and materials as aforesaid excepting the Principal, the sum of Seventy Eight Thousand Five** Dollars ($ 78,507.00 ), said sum being not less than 100% of the total cost of the Public Improvements under the terms of the Improvement Agreement, we bind ourselves, our heirs, executors and administrators, successors and assigns jointly and severally, firmly by these presents. **Hundred Seven and no/1 DO Dollars. 1 SUBDIVISION IMPROVEMENT AGREEMENT Tiffi CONDITION OF TillS OBLIGATION IS SUCH that if the Principal, his or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies or machinery used in, upon, for or about the performance of the Public Improvements, or for work or labor thereon of any kind, or fail to pay any of the persons named in California Civil Code Section 3181, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, and all other applicable laws of the State of California and rules and regulations of its agencies, then said Surety will pay the same in or to an amount not exceeding the sum specified herein. As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. This bond is executed and filed to comply with Section 66499 tl ~-of the California Government Code as security for payment to contractors, subcontractors, and persons furnishing labor, materials, or equipment for construction of the Pnblic Improvements or performance of the Improvement Agreement. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 ofthe California Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition. IN WITNESS WHEREOF, the seal and signature of the Principal is hereto affixed, and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Irvine, CA , this~ day of July 2014 Olson Urban -Temple City 1, LLC a Delaware limited liability company Principal By: Its: Managing Member (print name) 2 Philadelphia Indemnity Insurance Company ~uret)\ r / \ ,.-, I : •I I .. t I /it~ . }I }/ ; !1..--·-·· ~' ... ;k'J····· !J . /-" By: :. r -'----....,rn--=F,----------, Attorney--act I / , \./ -Janina Monroe, Attorney-in-Fact ~~~~~~~~-------- (print name) SUBDNISION IMPROVEMENT AGREEMENT OLSON URBAN-TEMPLE CITY 1, LLC a Delaware limited liability company By: OLSON URBAN COMMUNITIES, LLC a Delaware limited liability company Its: Member By: OLSON URBAN VENTURES, LLC a Delaware limited liability company Its: Member By: OLSON URBAN HOUSING, LLC a Delaware limited liability company Its: Managing Member By: IN TOWN LIVING, INC., By: )if)r;.fl()_ Nam~ Its: Senior VP and CFO State of California County of Orange On July 15, 2014 before me, N. Steinkellner, Notary Public, personally appeared Scott Laurie & Mario Urzua, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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 ~-'~'~~'-='='-"'["-/--"l,_U-'=?~'-'l"'-'-"[L'A_-=-/2_--'-f-~~~-(Sea 1) CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT c"'%-§'%"'9:-'<'k.~'<%-<%'%'%§.g;-Qo=~~'9,;,~'<X;g;.-<X>'0%'X~~g~~'<X-==='<X.'<X;%''X>QO~g;c~'G STATE OF CALIFORNIA Orange } Counzyof __________ ~------------------------ JUL 11 20\4 Melissa A Lopez, Notary Public On--------=---------before me, --------------====~=====--------------Date Here !nsefl Name-and Tille of .the Officer Janina Monroe personally appeared---------------------------,=====-----------------------Name(s} o1 Signer{s) Place Noiary Seal Above who proved to me on the basis o! satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herl!heieauthorized capacity(ies-), and that by hisfher/theirsignature(s) on the instrumentthe person(s). or the entity upon behalf oi which the person(s} acted, executed the instrument. I certity 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 seafl 1 I f) / Signature \/1/\/liLLlh<;C:: 10."-JO::z/ Signature of Notary Pub~c , . \ \ J -----------OPTIONAL----------- Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent traudulentremova/ and reattachment of this form to another document. Description ot Attached Document Title or Type of Document: _______________________________ _ Document Date: _______________________ Number of Pages: _________ _ Signer(s) Other Than Named Above: _________________________ _ Capacity(ies) Claimed by Signer(s) Signer~s Name: Janina Monroe D Individual D Corporate Officer-Title(s): ________ _ D Partner-D Limited D General 1"9 Attorney in Fact ~i~~~5iii D Trustee ~ D Guardian orConservator Top of thumb here D Other: ___________ _ Signer Is Representing: Signers Name:. _____________ _ D Individual D GorporateO!ficer-Title(s)~: ____________ _ D Partner-D LimitectD General D Attorney in Fact ~i~~~5iii D Trustee ~ 0 Guardian or Conservator Top of thumb here D Other: ______ __ Signer Is Representlng: jQ)(_'4(.~~~~~xx;=~~"@<.XiZ""'"i;%"@<.'<'1,<-'1;z.-g;,;-<X<Qv~x:::z;'<X;'<:7X::<.X::~<..~'g;'Q;,'Q<:..~'GZ'<X-9><:>S'9C==..;;: © 200TNatbnai No:ary Association • 9350: De So to Ave", RO .. Bcrx 2402 ~ ChatswGrth. CA 91313-2402 • www~NatrooaiNo<.ary.org lt€m 45%7 fieof;:ier; Call Toli-Fr;* 1-SC0-B76-€S27 PHILADELPHIA INDEl\1NITY INSURANCE COMPANY 231 St. Asaph's Rd., Suite 100 BlliaCynwyd,PA 19004-0950 Power of Attorney 1362 KNOW ALL PERSONS BY lHESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws ofthc Commonwealth of Pennsylvania, does hereby constitute and appoint: JANINA MONROE, THOMAS G. MCCALL, TIMOTHY J. NOONAN AND MICHELLE HAASE OF LOCKTON COMPANJES, LLC Its true and lawful Attomey(s) in fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts ofindeillility and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.00 This Power of Attomey is granted and is signed and scaled by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE CO:MPANYat a meeting duly called the 151 day of July, 2011. RESOLVED: FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indenmity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it Timt the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attomey so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNTIY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEAL TO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS im DAY OF FEBRUARY 2013. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 7ili day of February 2013, before me came the individual who executed the preceding instrument, to me personally knovm, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEI\1NITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed. Notary Public: residing at: BalaCynwvd. PA (Notary Seal) My commission expires: March 22 2016 I, CraigP. Keller, Executive Vice President, Chief Financial Officer and Secretary of PHILADELPHIA INDENJNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEr--ANITY INSURANCE COMPANY, J Ul 1 '.! £0 '\4 In Testimony Whereof! have subscribed my name and affixed the facsimile seal of each Company this ____ ,day of ____ __c _____ 20 __ . Craig P. Keller, Executive Vice President, Chief Financial Officer & Secretary PHILADELPHIA INDEI\lNITY INSURANCE COMPANY NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENTS OF EXECUTION BY PRINCIPAL AND SURETY, AND A COPY OF THE POWER OF ATTORNEY TO LOCAL REPRESENTATIVES OF THE BONDING COJVIP ANY MUST BE ATTACHED TO TIDS BOND. 3 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "D" LIST OF TRACT MAP CONDITIONS OF APPROVAL NOT SATISFIED [To Be Inserted) I SUBDIVISION IMPROVEMENT AGREEMENT ATTACHMENT B SHEET 1 OF 5 SHEETS 1 LOT AREA = 10.83 ACRES TRACT NO. 72407 IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES STATE OF CALIFORNIA THAT PORTION OF THE RANCHO SAN FRANCISOUilO, IN THE CnY OF TEMPLE CITY, COUNTY Of LOS ANGElES, STATE OF CAUFORNIA, AS SHOWN ON THE PLAT RECORD£0 IN BOOK 1 PAGES 31 Ai'JD 32 Of PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FOR CONDOMINIUM PURPOSES VINCENTW. SCARPATI, RCE 33520 OWNER'S STATEMENT WE HEREBY STATE THAT io£ AilE THE 01\NERS Of OR ARE INTERESlED IN THE LANDS INClUD£D ~THIN THE SUBDIVISION SHO'IIN ON THIS ~AP \\HHIN THE OISllNCll\IE BORDtR LINES, AND WE CONSENT TO THE PREPAllAllON AND FlUNG OF SAID MAP AND SUBDIVISION. WE HEREBY DWICATE TO ltiE CITY OF TEMPLE CITY AN EA5ruENT FOR THE PURPOSES OF Et.\ffiGENCY ACCESS, INGRESS AND EGRESS, AS ,SHOWN ON SAID I.IAP ~lHIN SAm SUBDIVISION WE AlSO HEREBY DIDICATE TO lHE CllY OF TEMPLE CITY A 10' \\IDE STRIP OF LOWER AZUSA RO~O. AS SHO'IIN C»J THIS MAP. QLSON URBAN -"TEMPLE CllY 1, llC, ~ DELAWARE UMIIDl UABIUlY COMPANY BY: OLSON URBAN CO~MUNIT1ES, llC, A DUAWAR£ UI.!ITED UABIUlY CO~PA~Y. MEMBER BY: OLSON URBAN VENl\JRES, llC. A !lELAWARE UI.!ITED UABILITY COMPANY. MEMBER BY: OLSON URBAN HOUSJNG, llC, BY: A DELAWARE U~IT!:D UABILITY COMPANY. MANAGING MEMBER BY:~ "''" "" ITS CHIEF flN L OFFICER SEE SHEET 2 FOR NOTARY ACKNOWLEDGMENT BENEFTCIARY \\ELlS FARGO BANK, NAllONAL 1\SSOCIAll~. BENEFlCIARY UNDER A DEED Of TRUST RECORDED MARCH 1f, 2014 AS INSTRUMENT N0.2014026117B, Of OFFlCIAL RECORDS, RECORDS OF THE LOS ANG£1..£5 COUNTY "' ,j(,,' L.L KIM'S~<::F! " SE!lfOR liCE PRESIDENT CONDOMINIUM NOTE: THIS SUBDI\\SION IS APPR\JVED AS A CONDOMINIUM PRW:CT FOR 74 UNITS, VMEREllY lHE 0\\l-JERS Of THE UNITS OF AIR Si'ACE '\\1ll HOLD AN UNDlVID£0 IN~EST IN THE COMMON AREAS \\HICH ~LL I~ TURN, PROVIDE THE NECESSARY ACCESS AND Ul1LilY EA.S£\!ENTS FOR TI-lE UNITS. SOILS REPORT NOTE· A SOILS REPORT ON TlliS PROPERlY HAS BEEN PREPARED BY ALB\JS-KEEFE. DATED NOVE~BER 27, 20D, A COPY Of ~ICH HAS BEEN Fll£D 1<1111 TllE CllY Of TEMPL£ CITY. SIGNATURE OMISSION NOTES TllE S1GNA1URES OF TllE PARTIES N~MED HER8NAF1ffi AS 0\\NERS Of THE INTEREST SET ruRT\l, HAVE 8£EN OMITTED UNilrn PRO\'ISIDNS OF lHE SUBDi\lfSION MAP ACT S!:CliON 054-JS (o)(J)(A)(I-viO) AS THEIR INTEREST IS SIJCH THAT IT CANNOT RIPEN INTO A FEE TillE, AND SAID SIGNATURE'S ARE NOT REQUIRED BY TI-lE LOCAL AGENCY. A~ EASf.MmT FOR DITCH OR CHANNEL AND INCIOmTAL PURPOSES, REOOilDrn JUNE 1, 1937 AS INSJRU!.IENT NO. 927 OF OFFICIAL REOOWS IN FAVOR Of LOS ANGElES COUNTY FLOOD CONTROL DISTRICT. (PLOTTED HEREON) AN EASEIIENT FOR flOOD CONTROL AND INCIDENTAL PURPOSES. RECORDED NOVEMBER 2, 1g55 AS INSTRUMENT NO. 366\ IN BOOK 49422 PAGE 251 OF OFFICIAL RECORDS IN FAVOR Of LOS ANGflES COUNTY flOOD CONTROL DiSffijCT, A BODY CORPORATE AND POUl1C. (PLOTTED HEREON) AN EASEMENT FOR SlOPES AND APPURlmANT STRUCTURES AND INCIDENTAl PURPOS£S, RECORDED APRIL 26, 1956 AS INSTRUMENT NO. 3957 OF OFFlCIAL RECORDS I~ FAWR OF COUNTY Cf LOS ANGELES. A POUl1CAl SUBDl\qSJON. (PLOTTED HEREON) AN EASEMENT FOR STORM DRAIN A~D INCIDENTAL PURPOSES, RECORDED NOVEMBER 20, 1957 AS WSTRUMENT NO. :l527 OF omaN. RECOJiDS IN FAWR OF COUNTY Of LOS ANGEL£5. (PLOTIDJ HEREON) SJGNATURES NOT REQUIRED PER SECTI~ (o)(J){C) OF THE SUBDI\qSION \lAP ACT SECl10N fiM'!O ill UlNERAlS AND MINERAL RIGHTS, INTER£STS, AND ROYALl1ES, INCLUDING WJ'IHOOT UMITED M GENmAUTY lf!EREOF, lHL, GAS AND OTHER H\'DROCARBON SUBSTA~CES, AS \\UL AS MfTAWC OR OTHER SCUD MINERALS TO SOUTHERN PACIFIC TRANSPORTAllON GOI.IPANY, A DE!.AWARE CORPORAllON RECORDID DECEMBER 27, 1991, AS INSTRUMENT NO. 91-2033978 OF OffiCIL RECORDS. JULY 2013 ENGINEER'S STATEMENT THIS MAP WAS PIID'AR£0 BY ME Oll UNDER ~y DIRECTION AND IS BASED UPON A fiELD SURVEY IN CONFOR~ANCE \\ITl-1 THE REQUIREMENTS Of THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST Of OLSON URBAN HOUSl~G, llC, Oil JULY 25, 2013. I HEREllY STATE TI-IAT ALL THE ~ONUMENTS ARE or TI-lE CHARACTER AND OCCUPY THE POSillONS INDICATED OR JHAT lHEY V<lll BE SET IN TI-IOSE POS1l10NS BEFORE TWENTY-FOUR MONTI-IS fllOM THE FILING DATE OF !HIS MAl'. AND THAT THE MONUMENTS ARE. OR ~lL BE, SUffiCIENT TO ENABLE: THE SURw:i' TO BE REmACED, AND THAT THIS FlNAL MAP SUBSTANTIAllY CONFORMS TO THE CONDil10NAI.lY APPROVED TENTAl1VE MAP AND THAT TIE NOTES TO All CENTERliNE MONU~EN'ffi SHO\\l-J "TO BE S£1" \\1ll BE ON Fll£ IN THE OFFICE OF lHE DIRECTOR OF PUBLIC WORKS I'<ITI-IIN V<llH\N.TWENlY-HIUR MONTI-IS FROM THE FllJNG DATE SHOWN HEREON. I HEREBY STATE THAT SAID SUR\f:Y IS TRUE AND COMPLETE AS SHOWN. d;, .:tC. ,. J< VINCENT W. SCARPAll R.C.f. NO. J3520 EmRAllON DATE: ~/JD/16 BASIS OF BEARINGS THE BEARING N BO'OO'OO" E f'OR THE CENTERLINE OF LOWER AZUSA ROAD ~ SHO\\l-J IN PARCEL MAP NO. ZZ:l:l7 FlLEO IN BOOK 260, PAGES 68 & 69 OF PARCEL WJ'S, IN THE OFFICE OF THE COUNli' Rl:CORDER OF lOS ANGI;I.£5 COUNJY, CAliFORNIA. CITY ENGINEER'S STATEMENT I HEREBY STATE TI-IAT I HAVE EXAMINED THIS MAl': THAT lHE SUBlliVISION AS SHOWN IS SUESTANl1ALLY THE SAME AS IT APPEAil£0 ON TI-lE TENTA11\I£ ~AP ANO ANY APPROVED ALTERATIONS THEREOf; TI-IAT ALL PROVISIONS OF THE SUBDI\o!SION MAP ACT AND Of ANY lOCAl SUBDI\o1SION ORDINANCES Of TI-lE CITY OF TEMF't£ em APPliCABLE AT THE l1ME OF APPROVAL OF TH£ TENTAl1VE MAP HAVE BE'EN COMPLIED V<!TH. CITY ENGINEER RCE lli!J. EXPIRES U/:lJ/ZQ!i NE\\LLE R. PERREIRA CITY SURVEYOR STATEMENT I HERmY STATE lHAT I HAVE EXAMINED THIS MAP AND THAT I AM SAl1SF1ED THAT THIS MAP IS TECHNICAllY CORRECT. DA>,qD B. RAGLAND CITY SURw:i'OR lSill.J..EX~RES~ SPECIAL AS;?FSSMENT STATEMENT I HEREBY STATE THAT All SPECIAL ASSESSMENTS lE\'1£0 UNDER THE JURISDICl10N OF THE CITY OF TEI.IPL£ Cln TO ~ICH TI-lE LAND INCLUOUliN THE WITHIN SUBDI\'ISION OR ANY PART THEREOF IS SUBJECT, AND 1\HICH MAY BE PAID II~ FULL HA\E SEEN PAlO IN FUlL CITY TREASURER OF CITY Of TEMPLE CITY CITY CLERK'S CERTIFICATE ~~R~~.CERTIFY 11-IAT TI-lt CITY CC!.INCIL Of THE CITY OF TEMPL£ CllY ON----2014, APPROVED SAID COUNCIL DID ACCEPT ON BEHALF or TI-lE CllY, THE EAS£M£NT FOR EMERGENCY ACCESS, INGRESS IJ4D EGRESS DESIGNATED AND ALSO ACC<PTED ON BE}!AlJ Of THE PUBLIC THE DEDICAnDN OF STllEETS A~O PUBUC WAYS AS SHOWN ON SAID MAP Cln' CLffiK ~~~~ c~mrrlllmA~~E~~~~:: ~~U~b~ri \~,-,;,o;iiern"'"~o<i'e;C~""mo COUNn' Of LOS ANGELES AS SECURITY FOR THE PA\'MENT OF TAXES AND SPECIAL ASSESSMENTS COU£CTED ~ TAXES ON THE LAND SHOWN ON MAP Of TllACT NO. 72407 AS REQUIRED BY LAW. ' EXECUl1VE omcm, BOARD OF SUPERVISORS Of THE COONlY or LOS AN~EllS, STATE OF CALIFORNIA "''----ruoe~eom~,----om~--- I HEREBY CERTIFY !HAT ill CERTIFICATES HAVE BEEN FILED ANO DEPOSITS HAll£ BEEN MADE TI-IAT ME REQUIRED UNDER THE PRO\qSIONS OF SECllONS 66492 AND 66493 OF THE SUBOI\IISION MAP ACT. EXECUTIVE OmCER, BOARD OF SUPERVISORS Of 'THE COUNlY Of LOS ANGELES, STATE OF CMJFORNIA "' ----·"'""~,---- 1 LOT AREA "" 6.31 ACRES TRACT NO. 72407 IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES STATE OF CALIFORNIA FOR CO~DOMINIUM PURPOSES NOTARY ACKNOWLEDGMENT STATE Of CALIFORNIA ) ) COUNTY OF ..Qr~JL_j VINCENTW. SCARPATI, RCE 33520 ON ,Ju,\'i \, 'l-01~ ~--_BEFORE I.!E, _1(1.\e«i-t. 'Wt\l><t\ , NOTARY PUBLIC PERSONALLY APPEAREO _ _§_iJJh COUf~----~ WHO PROV£0 TO~£ ON 'IHE BASIS Of SATISfACTrnY EVIDENCE TO BE THE PERSON(S} VIllOSE NAME(S} 15/ldll; SUBSCt!I8ED TO ]}IE I\ITHIN INSTRUMENT ANO ACKNO~EOGED TO ME THAT HE/5Hfffi1E'( EXECUTED THE SAI.IE INHIS~ AU]}IORIZED CAPACJTY(IES), AND lHA I BY HIS~ SIGNAnJRE(S) ON 'IHE INSTRUMENT THE PERSON(S), OR THE ENllTY UPON BEHAlf Cf WHICH THE FERSON{S) ACTED, EX£CU1t0 TilE INSTRUMENT. I CERTIFY UNDER PENAL1Y Cl' PDlJ.IRY UNDER TKE LI\WS OF 1HE STAlE Cl' CALIFORNIA THAT THE FOREOON PARAGRAPH IS TRUE AND CORRECT. l\llNESS MY HA~O SIGNATURE Jal.kJ 1,lttAAP PRINTED NAIIE ~.(. \r/1'.\S<~ol NOTARY ACKNOWI EDGMENT SfAI! Of CAUFORNI~ ) ) COUNTY OF Q!:~-'t~ MY PRINOPAL PlACE ll' BUSINESS IS IN Or<>.l'>\1, e. __ COUNTY I.IY CQI..IJ.IISSION NO, ?.O'I..lo'l~'L_ __ _ MY COMMISSION EXPIRES ,)J~:.o._j_O_c1.9l'J.._ ON~ 1.0I'j ___BEFORE ME, 'i_o.l-e<iA.. VJ~!:s.eL NOTARY PUBUC PERSONAlLY ;!.PPEI.R£0_ t::\C>.!:i2....J1....!3M!?e. _______ , WHO PROVEO TO ~E ON 'TKC BASIS OF SA11SFACTORY E'IIDENCE TO BE THE PERSON(S) WHOSE N'AME(S) IS/ARE SUBSCRIBED_ TO THE \\\THIN I~SlRU~E#T AND Aa<NO\\UDGED TO ~E THAI HEfSHI'il!iEY EXECUT£0 THE SAME INHISjHERffHEIR AUTHORIZED CAPACITY(\£$), AND THAT BY HIS/I-lEfttlti8R SICNAnJRE(S) ON THE INSTRUMENT THE PERSct-I(S). OR THt mmY UPON BEHAlf Of I\IHICH THE P£RSON(S) ACTED, EXECUTED THE INSTRUMENT. I O::R~FY UNDER PENAlTY OF PERJURY UNDffi THE LAWS OF THE STAlE OF CALIFORNIA THAT TH~ FOREGOIN PARAGRAPH IS TRUE AND CORRECT 'MTNE55 MY HANO SIGNATURE~ ~~.;..y~---· PRINTED NAME ~j.!l, \N.Y.--!.'1.1 ____ _ NOTARY ACKNOWlEDGMENT SfATI rF CALIFORNIA ) COUNTY Of .tlA~Lq_j J.IY PRINCIPAL PLI\0:: OF BUSINESS IS IN Or9-~-----COJ~TY ~y COMMISSION NO . .1,Q"l,_(e2_~.1.._ _____ _ MY COMMIS'.iiON EXPIRES ,\~O.r> 10 o __1QJ_J_ ~~'1 AP~E'AR;.::~:L01_~~:-~--=E~~~ M~0 ~ ft' :-;:-: BA~~T~~y PUBLIC SATISfACTCflY EVIDENCE TO BE Til£ !USCN(:ilj WrlOSE NAME~@',~RE SUBSC!liSED TO THE I\ITHJN INSTRUMENT AND AO<NOWLEOGEO TO ME THAT~/~ EXECUTED THE SA!.IE mlllf@jliiEIR AUTHORIZED CAPACITY(IE5), ANO THAT BY ~/:jj..j{]R SIGNAllJRE(il' ON THE INSTRUI.ItNT 'R [ PER58 {B], S~ THE ENDTY UPON BEHALf OF ~HIC!i THE PffiS0~(57 AClED, EXECUTED THE INSTRUMENT I CERTIFY U~OER PENALTY OF PERJJRY Ufli)ER THE LA\'IS Of lNE S1A!E OF CALifORNIA JHAl THE FOOEGGIN PAilAffiAPH IS TRUE AND CORRECT. \IllNESS MY ~AND NOTARY ACKNOWLEDGMENT STAlE OF CALIFORNIA ) ) COUNTY OF ____ _j MY PRINCIPAL PlACE Cf BIJSlNESS IS IN _,...,_.._ __ COUNTY MY COI.IMISSIOI-I NO. "Z.ooo4tL___ MY COMMISSION EXPIRES _j~.r:t_- ON ___BEfORE ~E. -------· NOTARY PUBUC fi:RSONALLY APPEAA£p______ WHO PROVED TO ~EON THE BASIS OF SATISIACTCRY EVIDENCE TO BE l'~E PERSON(S) 1\HOS£ NAME(S) IS/ARE SUBSCRIBED fO ll-IE 1111HIN INSTRUMENT AND ACK~O\\tEDCED TO ~E THAT Hi:/SHE/f<!EY DtCUIID ll-IE SAME INHI5/HER/Tl-IEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HtR/lllEIR SIGNAWRi'(S) ON THE INSIRU~ENTlHE PERSct-i(S), OR lliE ENTITY UPON BEHAlf OF I'MICH THt PERSON{S) ACltD, EXOG\JTW liH: INSffiUMENl. I CER~FY UNDER PENALTYilF PERJJRY UNDER THE lAWS Or THE STAlE OF CAUFORNIA THAT THE fOREGOIN PARAGRAPH IS "ffiUE AND CORRECT \\ITIIESS MY HMD SlGNATURE -----------~y PRINCIPAL PL/.CE OF BUSINESS IS IN PRINTED NA~[ --------------------"""" ~y CW~ISSIOO NO. _______ _ MY COMMISSION EXPIRES --------- JULY 2013 SHEET 2 OF 5 SHEETS 1 LOT SUB. BOUNDARY AREA 10.83 ACRES TRACT NO. 72407 ~ SHEET 3 OF 5 SHEETS IN THE CITY OF TEMPLE CITY, COUNTY OF LOS ANGELES STATE OF CALIFORNIA INDICATES THE BOUNDARY OF lllE LAND BEING SUBOI\I\DED BY THIS MAP. 2" IP, CEMENT PWG &; TACK, TAGGED RCE 335Z0', 00 S&W FOR CONDOMINIUM PURPOSES VINCENTW. SCARPATI, RCE 33520 JULY2013 0 • () '"' TAGGED 'RCE: J3520", FlUSH, OR l!<T, TAGGED "RCE 3352(1', FLUSH, TO BE stT, UNLESS OTHERWISE NOTED. FOUND MONUMENT AS NOTED • RECOR!l DATA PER PM ll3J7. P~B 260/68-69. RECORD DATA PER 1991-20.>3978. O.R. \ "? % ~/ ' ~ ~ ~ "b \ GRAPHIC SCALE ~-~ ( IN FEET ) 1 l<lob ~zoo !L ~0.,.~ ~/// ,.._... ~/ I NOT A PART \ OF THIS SUBDIVISION PMB 260/68-69 \ ESTA1lUSH£D loS TilE S'lY llNE OF PM 22Sl7, HElD RECORtl AN~LE _.--PER PMB 26\l/6&-6!1. NOT A PART OF TI-llS SUBOI\tlSJON RS 202/95 I TR. 264/24-25 nn~ , r~ m~c~m" \ \ \ RECORD DISTIINCE FROM Cl TEMPlE CITY BLVD ... ':::~~t ~~ _Lg;: g (62a.26" R1) I '1::;1 ~ .,_o$~~~, ' ~---------------C1 LOT '1' ~~~). .. .. .. .. L\1 // '--@) N6!r3T5il'W U.P.R.R. 2935.00" =f •los; .,.,.~ ~ ~~.~~ ______ -:f ~_L ~N~/194 o.r 1£\~ ~ .. .p :1-NOT A PART ••• _I N68';}1-50 w ·, Q9) 3062.15 "',-.. , ~~~~~~-,c~~~~~~~liC_~~~~~~ A ':) OF TliiS SUBDIVISION g ESTA1lllSHED 200' NORrnEASTERLY FROM THE g \ ·' NOT A PART 8 10 \:::::E ~ OF TI-llS SUBDIVISION -~ ~ TR 225/41-42 MB 225/41---42 \ ~ N.'LY ROW LINE PITKIN STREIT OF 1M 11828, T ~,_ ~ITKit1!:r' (ij'~ \~ '~Jj, ----:r-(i) \I 5 ~ g ~ MONUMENT NOTES: Q) ~£Ni~~~~~T ~C;N:;~R :~ri;ot~~Rflliu~PR~~~TED AS G) fll 2" lP. TAGGED "LS 5640' FLUSH ACCEPTI:D AS THE ~OST VIESTERLY CORNER OF PARCEL 1 P~ 22337, PMB260/68-69. f?o FD BRASS CAP MONUMENT WEll Prn LACO RDFll 142B-171JB AS SHOWN \:V ON PI! 22337. PMB 260/6&-69. ACCEPTED AS CliNT LO'M:R AZUSA ROAD MID ALESSANDRO A\IENUE. r, FD BRASS CAP MONUMENT WEll Prn LACO RDFll 1425---17118 AS SHOWN '::/ ON Pll 22337. P\!8200/68-69. ® FD. S&W AT POINI Of INlERSECTION ON li:MPLE CIJY BLW., FI1S TIES PER P'III'B 1+27-2003. ~ ,;-, FD T&W 'lS 53{)1' ON CENTERIJNE OF TEMPLE CITY BLVD. NO REFERENCE \V USED FOR LINE I)Nl Y. (i) FO l!<T AT CENTERIJNE STREET PROD. ® FD. S& 'II 1'LS 4~53" PER OTY Of ROS\liEAD TIE C-1-52 AND SHOWN ON PM 26081, PMB 305/%-9-7. ® FD. S!< W "PLS 445-l' PER CjfY Of RQSO,!EAll TIE C-1-51 AND SMOWN ON PM 26061, PM6 305/ltS-97. @) SEARCHED. NOTHING FOUND, SET NOTHING EASEMENT: r.L_AN EASE~ENT fOR OITCH QR CHANNEL AND INCjDENTAL PURPQS[S, RECOODED .1\JNE 1. ~--1937 AS INSTRUMENT NO. S27 OF OfRCjAL RECORDS IN FAVOR Of LOS ANGElES COUNTY FLOOO CONlR~ DISlRICT. [[}-': ~~~~~NI~;:U~~Nga;:l1~~6~C~~;:~::p2~~E;-R~~~~~~ R~~:~ FAVOR Of LOS ANGELES COUNTY flOOD CONlRlll DISTRICT, A BOOY CORPORATE AND POLillC. AN EASEMENT FOR ':.a_OPES liND APPURTENANT STRUCl1JRES AND INCIDENTAL PURPOSES, @}-RECORDED APRIL 26, 1956 AS INSTRUMENT NO. 3957 Of omCIAl RECORDS IN FAVOR OF COUNTY OF LOS ANGElES, A I'OIJTICAL SUBOIVIS10N. ,-;:;-] AN EASEJ.!ENT FOR STORM pRAIN AND INCIDENTAL PURPOSES. RECORDED NO\JEMB£R 20. ~ 1957 AS INSlRUMENT NO. 3527 OF OFRCIAL RECORDS IN fAVOR Of CGlJN~Y OF lOS ANG£U:S. ~ VARIABlE \'1101H EASEJ.!ENT >OR PRIVATE DRIVE, ACCESS, UnUTY, EMERGENQY ACCESS, L2J FlRE LANE PURPOSES FOR THE BENEFJT OF 1Ht LOT IN THIS SUBDMSION D®ICA1'ED AND ACCEPTED ~EREON ·:;,\ ¥\ ~vo. 0---10' RIG!tT OF ii'AY DIDICATION ALONG LOVIER AZUSA ROAD. DEDICA lED HEREON EASEMENT: r.:1_AN EASEMENT fOR DITCH OR CHANNEl AND INCIDENTAL PURPOSES, RECORDffl JUNE 1, ~-1937 AS INSTRU~ENT NO. 927 OF OfflCIAL RECORDS IN FAV(]R OF LOS ANGEU:S COUN1Y fLOOO CONllWL DISlllJCT. AN EASEMENT FOil FLOOD CONTROl AND INCIDENTAL PURPOSES, RECORDED NOVE~SER lnl_ ___ l, 19!55 AS INSTRUMENT NO. 3661 IN BOOK 49422 PAGE 25\ Cl' OFflCIAL RECORDS IN ~FAI'OR Of LOS ANGELES COUNTY FlOOO CONTROl DISTRICT, A BODY CORPORAl£ AND POUlliC. @-AN EASEMENT FOR SlOPES AND APPURlENANT STRUCTIJRES AND lNC\DENTAL PURPOSES, RECORDED APRIL 26, 1956 AS INSTTM!ENT NO. 3957 1.R OFfiCIAL RECORDS IN FAVOR OF CO!.INTY Of lOS ANGEl£5, A POU11CAL SU801\o1SlON. @] 0 AN EA:'D,I[NT FOR STORM MAIN AND INClD£NTAL PURPOS£5. RECORDED NOVEMBER 20, 1957 AS INSTRUMENT NO. 3527 Cf OFFICIAL RECORDS IN FAVOR Of COUNTY OF lOS ~= VARIA.BlE ii!OTH EASEMENT FOR PRIVAlE DRI\o£, ACCESS. UllliTY, £l.IERGENCY ACCESS, FTRE lANE PURPOSES FOR THE BENEFIT OF THE LOT IN THIS SU8DI\1SION DEDICATED AND "'CCEPTED HEREON OJ-10' RI>GHT Cf WAY DEDICAllON ALONG LO\\U! AZUSA ROAD. DEDIC.O.lED HEREON ..x/ ~ '\ TRACT NO. 72407 IN THE CITY OF TEMPLE CITY, COUNTY OF LOS STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES VINCENT W. SCARPATI, RCE 33520 JULY2013 N08'34'5o"W ANGELES ,,, ~ 0 • NE'LY UNE LCFCO 14948/386 O.R. SHEET 4 OF 5 SHEETS INOICAT£S THE BOUNDARY Of -mE LAND BEJNG SUBD!\IIDtD BY THIS MAP. INDICATES 2" IP, CEMENT PLUG &: TAO<, TAGGf;ll IKE J352D", OR S&:W TAGG£0 "RCE 33520", FLUSH. Oil l&T, TAGGED ilCE 03520", flUSH, TO 8E SET, UNLESS OTHERWISE NOTED. fOU~!l MONUMO!T AS NOTttl Hi33.3B -+- NON-BUILDABLE AREA "w~·scrw 2305.29' /NE'LY UN£ LCFCO 14948/386 O.R. --'\r-\ • N611'34'50"W 1633..38 ° • • -+- GRAPHIC SCALE \ ,,,~ ·~.J u ~ (IIIl'!<ET) ~ NON-BUILDABLE AREA 1 Inch =4-0 n. \ -+--1 N68'34'50'W 2040.98' --t-t -~~~L5/f--------f\"l6n-----------;1'\un-------.---!\la/f-------og-rf --------r>~Liilll--------fl"wll-1 ~~ 1~0,1 1JIU 1,0J 1,0,1 L0J U-QI 1,0J 1 ::;1 liil "I ig "I lg "I I" gl I" <1 lg "I lil "I 1~ 61 1!" ~I I~ ~I I~ ~I I~ ~I I~ ~I I~ ~I I~ ~I I~ ~-1 11" "1 IE 1'1 1<' "1 LOT 1 1<' 1', 11' <'1 1!' 01 I!' 01 I<Ji tt:. ~ ~ ~ ';;! ~ ~· g ~I ~ ~ ~ !2i ~ .~ t!::J "'IC1J,_V24'""'t_rc14 C15,jr24"--'"llrC!S C\7,jr24"--'"llrC!B m,p-z~,C2o C21,_p-:!411_1 c22 c2o\_V2411_1 c24 ~jr24 -1;j_1 c2el"' ~ _IJ 1'1.c_ ___!'!§_a~·~ 1~0-_JJ 1J.c .1§8~2-:!_. 9l.Q!l .J1 ''"lc_ _ ~o.;_g:w_ .E§DQ_ J 1 1~ ____1:!§8~2'.!.._ s~ .J1 1~ __1!§_8~2"'!!__ !_Qg_OO _ _J1 '""1.c ...!:§8~2·~-9~' .J1 'k ~~ ;:I:;: CSJ C52 m 1 l C4-9 48 J C4" 45 J C45 1 ~ "l~41 C40 :r: ~ILU L48 L-t-5 R\44 C51 42 g L40 L38 '\ l37 36 g LJ5 « :JJ g l31 42 g l2 l28 Z7 Iii <C N68"3412'W 11400 ~ l4J----Cd N68.l412"W 10600 I L~ ~39 NSBJ412"w \2440 1 N6B"3412'W 10600 L~3~ N68'3412"W 11400 ~ Ll 2 JD N68'341t'W I03_a6' <r --'\r-N61f34'50"W 2305.29' --1- 2 NOT A PART OF !HIS SU8DI\IISION 1/) Cj w (') z <( t ~ <: g 5 rn I 6 2 N.O!S!I\IGSOS SIHl l~Vd V lON .:10 3,01.>UW l '