Loading...
HomeMy Public PortalAbout08) 7E Final Subdivision Map Approval for Tract Map No. 69905 six Unit Condominium Project at 5949 Cloverly Avenue--------- AGENDA ITEM ?.E. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE : August 19 , 2014 TO: The Honorable City Counci l FROM: Donald E. Penman , Inter im City Manager "\lP Via : M ic ha e l D. Forbes , AICP , Community Deve lopment Director~ By : Hesty Liu , AICP , Associate Planner SUBJECT: FINAL SUBDIVISION MAP APPROVAL FOR TRACT MAP NO. 69905, A SIX-UNIT CONDOMINIUM PROJECT AT 5949 CLOVERLY AVENUE RECOMMENDATION: The C ity Counci l is requ es ted to : a) Receive the Sub d iv ision Improvement Ag reement (Attachment "A "); b) Approve the final subdivision map for Tract Map No . 69905 and dedications indicated on the map (Attac hment "B"); c) Aut horize the Inte rim City Manager to execute the Subdivision Improvement Agreement ; and d) Authorize the City Clerk to certify Tract Map No . 69905 . BACKGROUND: 1. On June 16, 2008 , the City received an application proposing a six-unit condominium sub division project for the property located at 5949 Cloverly Avenue. 2 . On September 11 , 2008 , staff held a subdivision meeting with the property owner/develope r, developer's engin eer, and staff f rom Los Angeles County Public Works (City Engineer ) to review and dis cuss t he condit ions recomm ended for the proposed subd iv ision . 3. On September 22 , 2009 , at a noticed public hearing , the Planning Comm ission revi ewed and approved the proj ect. City Council August 19, 20 14 Page 2 of 3 4 . On October 20, 2009 , the City Council reviewed and approved the project. 5 . On February 12 , 2014 , the City Engine e r advised that the final map prepared for the project has satisfied all the co nditions of the City's approval as well as relevant provisions con tained in the State Subdivision Map Act. 6 . On June 16 , 2014 , the "Declaration of Covenants , Conditions , and Restriction " prepared for the project was reviewed and approved by the City Attorney. 7. On August 5, 20 14, the property owner deposited the security deposit with the City for the subdivision improvements in the public right-of-way . ANALYSIS : The ten tative map for the development was approved in 2009. The approval was based upon the conclusion th at the project was consistent with the land use designation and app licable development standards of the City . The approved tentative map was granted a n initi al li fe of two years from the date of approva l which was set to expire on October 20 , 2011 . However, in the past few years the State had passed legislation four times allowing automatic extension for the life of an approved tentative map . Under the provisions of SB 1185 , AB 333 , AB 208 , and AB 116, the life for Tentative Tract No . 66905 (this project) was automatically extended to October 20 , 2017 . Now the fina l map for the subdivision is ready for recordat io n. The final map has been reviewed and approved by the City Engineer. The app li cant also signed the Subdivision Improvement Agreement and placed the security deposit for street improvements . Staff therefore concludes that it is t ime for the City 's certification . Certifying the final map will allow the developer to record said map and start construction of the project. CONCLUSION : Based upon the find ing that the final map is in substantial compliance with the approved tentative map , staff recommends that the City Council receive security deposit for the street improvements, authorize the Interim City Manager to execute the Subdivision Improvement Agreement, and approve the final map for the project. FISCAL IMPACT: Approval of this item will not have an impact on the City's budget for Fiscal Year (FY) 2014-15 . City Council August 19, 2014 Page 3 of 3 ATTACHMENTS: A. Copy of the Subdivision Improvement Agreement B . Copy of final map for Tract No . 69905 RECORDED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: (Document exempt fro m recording fees pursuant to Cal. Gov. Code§ 27 383) CITY OF TEMPLE CITY 9701 Las Tunas Dri ve Temple City, California 9 1780 Attachment A THIS SPACE FOR RECORDER'S USE O NLY SUBDIVISION IMPROVEMENT AGREEMENT FINAL TRACT MAP fD 91 0 5 By and Between THE CITY OF TEMPLE CITY, a municipal corporation and Easyway Investment LLC. DATED __________ , 2014 SU BDIVISION I MPROVEME NT AGREEMENT FINAL TRACT MAP b. q q {) .') This Subdivi si on Improvement Agreem e nt ("Agreement") is enter ed into as of this __ day of . 2 0 14 by and between th e C ity of Templ e City, a m un i ci pal corpo ration ("City") and k~ww~ r tt ;ep(--~ L-·L-, ( · ("Devel oper "). City and Developer are som etimes herein · er in IVIdu all y referred to as "Party" and he remafter coll ecti ve ly refe1Ted to as th e "P arties." RECI TALS A. Deve lop e r has submitted to City an ap p lication fo r approval of a fm al tract m ap fo r real property l ocate d within C ity, a legal d escrip tio n o f whi ch i s attach ed hereto as E xhibit "A ". The tract m ap is i dentified in City records as Tract Map o. bC( q o !J-. O n ______ ,the City condi tion ally approved Tract N o . bCJ:~~,-. B . Develo per has not co mp le ted all of the work or made a ll of the P u bl ic Improvem ents requir ed by the Subdivis ion Map Act (Gover nmen t Co d e secti ons 66410 e t seq .), ("M ap Act") the City Ordin ances, th e condition s of approva l fo r Tr act No. 0q q o .s,-, or o ther ordinances, reso l utions, or po li ci es of City requirin g construction of improvements in conjunction with th e s ubd iv i s ion of la nd. C . Purs uant to C ity Ord i nan ces and the appli cable provis io ns of the Map Act, D evel oper and City ente r into thi s Agreem ent for th e time ly co nstructio n and co mpleti on of the Publi c Improvem ents and th e furnis hing of th e securi ty ther ef or , ac cep ta bl e to the Ci ty En g ineer and City Attorney, fo r Tract No . bC(Cf of>-. D . City h as a uthority to ente r int o thi s S ubdiv isio n Im provement Agreem en t pursu ant to Government Code Sections 66499-66499.10. E. Purs uant to Government Co de Sectio n 66 499, Devel oper 's executi on of thi s Agreement and the proviJion of the secur i ty are made in consi d eration of City's approval of th e fin al map for Tract No. l1YC( c s;-. DEFI NED T E RMS "D eve lop er " shall mean Cas tl MV~ L vad-W-.Q,J\' L-' L -( ·, a G-J;JortvJ A {A lWi rJ ·LiA.tn~l; f:tj Co. T h e tem1 "Develope r" shall also mclude a ll assignees, to the extent permitted under this Agr ee ment, of the rig hts and obli gation s of Developer unde r thi s Agreement , and any successor - in-in te rest to Deve lop er h avi n g a legal and/or eq uitab le inte rest in the P ro perty. "Estimated Co sts" sh a ll mean the C ity Engineer's approximati on of the actual cost to construct the P ublic Improvem en ts, includ i ng the rep lacem ent 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 Acf' 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. ~ql{o ~ located in the City of Temple 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" s hall include, but not be limited to, all grading, roads, streets, paving, curbs and gutters, sid ewalks, 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. cac{q t 5 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Tract Map No. ~Gl<toS . The Parties agree that the Public Improvements to be completed by Developer are more specifical ly 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 (oqqos "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 0'-l q o3 ."shall mean the final map prepared and approved by the City for tentative tract map no. G;>C[q 0 ~ "Warranty" shall mean the one year period following completion of the Public Improvements by Developer and the acceptance of the Public Improvements by the City in which Developer warrants and guarantees all Public Improvements . OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the mutual promises and covenants made by the parties and contained here and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows: 1. EFFECTIVENESS. This Agreement shall not be effective unless and until all four (4) of the fo llowing co nditions 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 Ag r eement Approval. The City Council of the City ("City Co unci l") approves the final map for Tract No. <O"tcto ~ and this Agreement; 1.3 Record Agreement. Deve loper and City execute the Agreement and City records this Agreement in the Recorder's Office of the County of Los Angeles; and CJQ 1_ 1.4 Record Final Map. Developer records the final map for Tract No. ~J _f__J 0~ in the Recorder's Office of the County ofLos 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 Deve loper. 2. PUBLIC IMPROVEMENTS. Developer shall construct or have constructed at it s own cost, expense, and li ability the P ubl ic 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. Th e Developer shall be responsible for the replacement, relocation, or removal of any component of any irrigation water or sewer system in conflict with the construction or installation of the P ublic Improvements. Such replacement, relocation, or removal shall be performed to the co mplete satisfaction of the City Engineer and the owner of such water or sewer system. Developer further promises and agrees to provide all equipment, tools, materials, labor, tests, design wo rk, and engineering services necessary or required by City to ful ly and adequately comp let e the Public Improvements . 2.1 Prior Partial Construction of Public Improvements. Where construction of any P ublic 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 shal l, 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 Pub lic Improvements and performance of Developer's obligations under this Agreement. Developer shall conduct the work in ful l compliance with the regulations, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer shall fi le a written statement with the City Clerk and the City Engineer, signe d by Developer and each utility which will prov ide util ity service to the Property, attesting that Deve loper has made all deposits legal ly 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 p lans and specifications for su ch 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 Publi c Improvements conform with all other requirements and standards set forth in this Agreement. -3 - 2.4 Quality of Work; Compliance With Laws and Codes. The construction plans and specifications for the Public Improvements shal l be prepared in accordance with all applicable federal, state and lo cal 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 actuall y commenced. 2.5 Standard of Performance. Developer and its contractors, if any, shall perform all work required to construct the Public Improvements under this Agreement in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they s hall 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 Pub lic Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer 's surety for this Agreement. 2.7 Other Obligations Referenced in Conditions of Tentative Map Approval. In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval which have not been sati sfied prior to the date of thi s 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 formal ly 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 u se by any person of the Public Improvements, or any portion thereof, shall be at the sole and exclusive ri sk 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 comp leted by Developer and app rov ed and accepted by C ity, and until the security for the performance of this Agreement is released. Maintenance shall include, but shal l not be limited to, repair of pavement, curbs, gutters, s idewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptab le 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 sectio n, 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 sha ll not be re sponsible or liable for any damages or injury of any nature in any way re lated 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 Pub li c Improvements w ithin :11J.;Q years ( 2,4 months) following approval of the final map for Tract No. G:,'tq 0 > 4.1 Extensions. City may, in its sole and absolute di scretion, provide Developer with ad ditional time within which to complete the Public Improvements . It is understood that by prov idi ng the Sec urity required under Section 12.0 et seq. of this Agreement, Developer and its surety consent in advance to an y extension of time as may be given by City to Developer, and waives any and al l 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 acti on 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 prov isions 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 reasonab le discretion. 4.2 Accrual of Limitations Period. Any limitations period provided by law related to breach of thi s Agreement or the terms thereof s hall not accrue until Developer has provided the C ity En gineer with written notice of Dev eloper's intent to abandon or otherwise not complete required or agreed upon Public Improvements. 5. GRADING. Deve loper agrees that any and all grading done or to be done in conjunction with construction of the Public Improvements or development of Tract No. ~ ... q ~OS shal l conform to all federal , state, and local laws, ordinances, regulations , and other requirements, including City's grading regul ations. All grading, landscap ing, 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 contro ls on the method , manner, and time of grading, landscaping, and construction activities to prevent nui sances to surrounding properties. Plans shall include without limitation temporary drainage and erosion control requirements, dust control procedures, restrictions on truck and other co nstruction traffic routes , noi se abatement procedures, storage of materials and equipmen t, removal of garbage, trash , and refuse, securing the job s ite to prevent injury, and similar matters. In order to prevent damage to the Pub lic Improvements by improper drainage or other hazards, the grading shall be completed in accordance with the time schedule for completion of the Public Improvements establi shed by this Agreement, and prior to City's approval and acceptance of the Public Improvements and release of the Security as set forth in Section 12 .0 et seq . ofthis Agreement. 6. UTILITIES. Deve lop er shall provide utility services, including water, sewer, power, gas, and telephone service to serv e each parcel , lot, or unit of land within Tract No. - 5 - ~qq 05 in accordance with all applicable federal, state, and local laws, rules, and regulations, including, but not limited to , the regu lations, schedul es and fees of the utilities or agencies providing such services. Except for commerci al or industrial properties, De ve loper shal l also provide cable te lev ision facilities to serve each parcel, lot, or unit of land in accordance with all applicab le federal, state, and loc al laws, rules , and regulations, includin g, but no t limited to, the requirements of the cable company po ssessing a valid franchise with City to provide such service within City 's jurisdictional limits . All utilities shall be installed underground. 7. FEES AND CHARGES. Deve lop er shall, at its so le cost, expense, and liabil ity, pay all fees, charges, and taxes arising out of construction of the Public Improvements , including, but no t limited to , al l plan check, design review, engineering, inspection, and other service fees, and any impact or connection fee s establi she d by C ity ordinance, re so lution, regulation, or policy, or as establ ished by City re lati ve to Tract No. cc,qqos , or as required by other governmental agencies having juri sdiction over Tract No. 00 ztos . 8. CITY INSPECTION OF PUBLIC IMPROVEMENTS. Developer shall, at its sole co st, expense, and liabili ty, and at all times during construction of the Public Improvements, maintain reasonable and safe facilitie s 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. I f 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 C ity shall not be considered as direct control of the individual workmen on the job site. C ity's inspec tor shall have the autho rity to stop any and all work not in accordance with the requirements co ntained or referenced in this Agreement. The inspection of the work by City s hal l not relieve Developer or the contractor of any obl igations to fulfill this Agreement as here in p rovided, and unsuitabl e 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 al l or any part of the Public Improvements within the time required by this Agreement, or if Developer fails to comp ly w ith any other ob li gation contained h erein, Deve loper and its surety shall be jointly and severally li able to City for aJl 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 remedie s permitted by law. 10. ACCEPTANCE OF IMPROVEMENTS; AS-BUll., T OR RECORD DRAWINGS. The City Council may , in its so le and ab so lute discretion, accept fully completed portions of the Public Improvements pri or to such time as al l of the Public Improvements are complete, which shall not rel ease or modify Developer's obligation to complete the remaind e r of the Publ ic Improvements within the time required by t his Agreement. 10.1 Developer's Notice of Completion. Upon the total or partial acceptance of the Pub lic Improvements by C ity , Developer shall fi le with the Recorder 's Office of the County of Los Ange les a notice of completio n for the accep ted Public Improvements in accordance with Califo rni a Civ il Code section 3093 , at which time the accepted Public Improvements shall become the sole and exclusive property of City witho ut payment there for. -6 - 10.2 City Accepta nce of Public Improvements . If Tract No. ____ _ was approved and record ed as a sing le phase map, City sh a ll not accept any one or more of the impro vement s unti l all of the Public Improvements are com pl eted by D eve loper and approved by City. I ssuance b y City of occup ancy permits for any buildings or structures located on the Property sh a ll not be construed in an y manner to constitute C ity's acceptance o r approval of any Public Improvements. 10.3 Developer 's Obligation to Provide As-Built or Record Drawings. Notwithstanding the foregoing , City may not accept any Public Improvements unl ess and until Developer provides one (1) se t of"as-built" or record drawings or plans to the City Engineer fo r all such Public Improvem ents. The drawings shall be certifie d an d sh al l refl ect the cond ition of the Public Improvements as constructed, wi th a ll changes incorporated there in. 11. WARRANTY AND GUARANTEE. Developer hereby warran ts and gu arantees all Public Improvements aga inst any defective work or la bor don e, or de fective materi al s furni sh ed in th e performance of thi s Agr eement, includ ing the maintenance of all land scaping w ithin the Property in a vigorous and thri ving condi tio n re asonably acceptable to Ci ty, for a p e ri od of on e (1) year foll owing completion of the work an d acceptance by City. During the Warranty, Developer s hall repair, r eplace, or reco nstruct an y defective or o therwise unsatisfactory portion of the Public Improvements, in accordance with the current ordi nances, reso lutions , regulations, codes, standards, or other requirements of City, and to the approval of the C ity E ngineer. All repairs , re placements, or reconstruction during the Warranty shall be at the so l e cost, expen se, and liab i lity of Deve loper and its surety. As to any Public Improvements w hi ch have been repaired, replaced , or r econstructed during the Warran ty, D eveloper and its surety h ereby agree to extend the Warrant y for an add iti onal one (1) year period follow ing City's acceptance of t he repair ed, replaced, or reconstructed P ublic Improvements. Nothi ng herein shall re lieve D eveloper from any oth er liab ili ty it may have under fe d er al , state, or l ocal law to repair, replace, or reconstruct any Public Impro vement fo ll owing expiration of the Warranty or any extension thereof. Deve l oper's wananty ob li gatio n under thi s section shall surv ive the expiration or termination of thi s Agreement. 12. SECURITY; SURETY BONDS . Prior to Ci ty's appro val and executi on of thi s Agreement, Developer sha ll provide City wi th surety bonds in the amounts and under the terms se t forth below. The amo unt of the Sec urity shall be based on the City Engineer's Estimated Co sts. If City determines at any time prior to Developer 's comp leti on of the Public Improvem ents under Section 4 [Construction Schedul e ], in its sole and abso lute di scre ti on , that the Esti mated Costs h ave changed, Developer s ha ll adjust the Security in the amount requested by City. Develop er's compliance w ith thi s provi s ion (Secti on 12.0 et seq.) shall in no way l imit or modify Developer's indemni fication obligation provided in Section 16.0 of thi s Agreement. 12.1 Security Deposit. To guarantee the faithfu l p etformance of the Public Improvements and all th e provisions of thi s Agreement, to protect City if Developer is in default as set forth in Section 18.0 et seq . of thi s Agreement, and to secure Developer's one-year guarantee and warranty of the Publi c Im pr ovements, including the maintenance of all landscaping in a vi goro u s and thrivi n g condition, Developer shall provi d e City a faithful security depo s it in the amount of F ifty -six thousand s and tlu:ee-hundred dollars ($56,300 .00), whi ch swn shall be not less than one hun dred perce nt (1 00 %) of the Esti mated Costs. -7 - 12.2 Partial Release. The City Council may, in its sole and absolute discretion and upon recommendation of the City Engineer, partially release a portion or portions of the Security provided under this section as the Public Improvements are accepted by City, provided that Develop.er is not in default on any provision of this Agreement or condition of approval for Tract No. ~q cS , and the total remaining Security is not less than twenty-five percent (25%) of the Estimated Costs. All Secw·ity provided under this section shall be released at the end of the Warranty period, or any extension thereof as provided in Section 11.0 of this Agreement, provided that Developer is not in default on any provision of this Agreement or condition of approval for Tract No . c;.q q o 5 . 12.3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for performance of the Publi c Improvements and this Agreement, Developer shall provide City a labor and materials bond in the amount of __ Q..Joo:::.. ______ _ ($ ft ), w hich sum shall not be less than one hundred percent (100%) of the Estimated Costs . The Security provided under this section may be released by written au thorization 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 bu siness 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 reasonab le expenses and fees, includin g 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 fo r 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 tmder 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. M ONUMENT SECURITY. Prior to City's execution of this Agreement, to guarantee payment to th e engineer or surveyor for the setting of all su bdivision boundaries, lot corners, and street centerline monuments for Tract No. C.::, 9 ~ 0 5 in compliance with the app licab le provisions of City's M un icipal and/or Dev lopme nt Code ("SubdtvtsiOn Monuments"), Devel oper shall depo si t cash with C ity in the amount of :¢2--Dollars ($ .f:T ), which sum shall not be less than one hun dred percent (100%) of the costs of setting the Subdivision Monuments as determined by the City Engineer. Said cash deposit may be released b y wri tten authorizat ion of the City Engineer after a ll req uired Subdivisi on Monuments are accepted by the City Engin eer, City has r eceived written acknowledgment of payment in full from t he engineer or surveyor who set the Su bdivision Monuments, and provided Developer is not in default of any provision of th is Agreement or condition of approval for Tract No. (o5 9o5'". 14. L I EN. To secure the time ly performance of Developer's obliga tion s under this Agreement, including th ose obligations for which security has been provided pursuant to Sections 12.0 et seq. and 13 .0 of thi s Agreement, Developer hereby creates in favor of City a lie n against all portions of the Property not dedicated to City or some other governmental agency for a public pw-pose. As to Developer's default on those ob ligations for which sec urity has been provided pmsuant to Sections 12.0 et seq. and 13.0 of this Agreement, City shall first attempt to co ll ect against such security prior to exerc is ing its right s as a contract lienholder under this section. 15 . SI GNS AND ADVE R T I SI NG. Developer understartds and agrees to City's ordinances, regulations, and requirements governing s igns and advertising structures. Developer he reby agrees with and consents to the summary removal by City, without notice to Developer, of a ll sign s or other advertising structures erected, placed, or s ituated in vio lation of any City ordinartce, regulation, or other requirement. Removal shall be at the expense of Developer and it s s urety. Develo per and its s urety s hall indemni fy and hold City free and harmless from any claim or demand arising out of or incident to s ign s, a dvertising structures, or their removal. 16. I NDEMNI F I CATIO N. Developer sh a ll defend, indemnify, and h o ld h armless City, its elected offici als, officers, employees, and agents from any and a ll actua l or a lieged claims, d emands, causes of action, liab il ity, loss, damage, or injury, to property or persons, inc luding wrongful death, whether imposed by a court of Jaw or by administrative act ion of any federa l, state, or local governmenta l body or agency, aris ing out of or incide nt to any acts, omissions, negligence, or willful mis conduct of Developer, its p erso nnel , employees, agent s, or contractors in connection with or ar is ing out of construction or maintenance of the Publ ic Improvements, or performance of this Agreement. This indemnification i ncludes, without limitation, the payment of all penalties, fine s, judgments, awards, decrees, attorneys ' fees, and re lated cos ts or expenses, and the reimbursement of City, it s e lected officials, officers, e mployees, and/or agents for all legal expenses and costs incurre d by each of them. This indemnification excludes only such portion of any claim, demand, cause of acti o n, li abili ty, loss, damage, penalty, fi n e, or injury, to property or perso ns, including wrongful death, which is caused sole ly artd exclusively by the gross negligence or willful misconduct of City as determined by a court or administrative bod y of co mpetent jurisd iction . Developer's obli gation to ind e mni fy City shall survive the ex piration or termination of this Agreement, and shall not be restricted to ins urance proceed s, if any, received by City, its e lected officia ls, officers, employees, or agents. -9 - 17. INSURANCE. . 17.1 Types; Amounts. Developer shall procure and maintain, and shal l require 1ts c~ntractors to pr~cure and maintain, during construction of any Public Improvement pursuant to thi_s Agreement, msur~ce of the types and in the amounts described below. If any of the R~qmred Insurance contams a general aggregate limit, such insurance shall apply separately to tlus Agreement or be no l ess than two times the specified occurrence limit. 17.1.1 General Liability. Developer and its contractors shall procure and maintain occurrence ver sion general liability in surance , or equivalent form, with a combined singl e 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 a utomobile 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 vehi cle owned, leased , hired, or borrowed by the insured or fo r which the insured is responsible. 17.1.3 Workers' Compensation. Developer and its contractors shall procure and maintain workers' compensation in surance 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 des ign the Public Improvements, liability insurance for errors and omissions with limits not less than $1,000,000 per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability. 17.2 Deductibles. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shal l 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 l osses and related investigation costs, claims, and admini strative and defense expenses. 17.3 Additional Insured; Separation of Insureds. The Required Insurance shall name City, its elected officials, officers, empl oyees, 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 speci al limitations on the scope of its protection to City, its elected officials, officers, employees, agents, and volunteers. 17.4 Primary Insu rance; Waiver of Subrogation . The Required Insurance shall be primary with respect to any insurance or self-insurance programs covering City, its el ected official s, officers, employees, agents, and volunteers. All po licies for the Required -10- Insuranc~ shall. provi?e .that the i~~mr~ce company waives all right of recovery by way of subrogation agamst Ctty m connection Wlth any damage or harm covered by such policy. 17.5 Certificates; Verification. Developer and its contractors shal l 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 writing by City, all Required Insurance shall placed with insurers licen sed to do business in the State of California and with a cunent 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 obli gation, 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 wo rk required to remedy the default or violation within ten (1 0) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twenty- four (24) hours thereof. Immediately upon City's issuance of the demand to remedy the default, Developer and its surety shall be liabl e 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 th e City , City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activ ity as in its sole and abso lute discretion it be lieves is required to remedy the default or violation. All such work or remedial activity shal l be at the so le and absolute cost, expense, and li abi lity of Developer and its surety , without the necessity of givin g any further notice to Developer or surety. City's right to take such actions shall in no way be limited by the fact that Developer or its surety may have constructed any, or none of the required or agreed upon Public Improvements at the time of City's demand for performance. In the event City elects to complete or arrange for completion of the remaining work and improvements , City may require -11 - ---- all work by Developer or its surety to cease in order to allow adequate coordination by City. Notwithstanding the foregoing, if cond itions precedent for reversion to acreage can be met and if the interests of C ity 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 se q. of this Agreement shall prohibit City from exerci si ng any other right or pursuing any other legal or equitable remedy avai lable under this Agreement or any federal , state, or local law. City may exercise it rights and remedies independently or cumulati ve ly, and City may pursue inconsistent remedies. City may institute an action for damages, injtmctive relief, or specific performance. 19 . GENERAL PROVISIONS. 19.1 Autboritv to Enter Agreement. Each Party warrants that the indi viduals 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 add itional documents as may be necessary, appropriate, or convenient to attain the purpo ses 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 specifi ed 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 de scribe 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: Don Penman , Interim City Manager 9701 Las T unas Drive Temple City, Califomia 91780 DEVELOPER: i3A<f>Y'IAJ>+'i tNVE'?>iHfiNT /..... L . C . I c s /,y l'<AC s ~f(\.LL s T ff f3 -12- Dep~n?IDg 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 re lieve 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 perfonnance of the Public Improvements or thi s 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 wri tten consent of City. Any attempt to do so shall be null and void, and any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or di scharge 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 . 1 1 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties ' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Los Angeles, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is -13 - involved or alleged to be involved in the action or proceeding. Without limiting the generality of the forego ing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 19.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property , the prevailing party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses. 19.13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement, any map related to Tract N o. bq<J o_y-, 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 Counteroarts. 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 parti es hereto have executed this Agreement on the date and year first-above written . ATTEST: PeggyKuo City Clerk ---- CITY OF TEMPLE CITY By: ______ :---=-:----:--:--- Don Penman, Interim City Manager -14 - --- APPROVED AS TO FORM By: -------------------------Eric S . Vail City Attorney DEVELOPER: EASYWAY INVESTMENT, LLC., a California Limited Liability Company By' ~L~iS1ng Its Mana g er By: ________________________ ___ By:~ Its: Ma n age r ------------------------ NOTE: --------- DEVELOPER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER'S BUSINESS ENTITY. -15- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF Los Angeles **a notary public ~ ** and LISA BIN FENG On 7 /8/ZOl4 __ before me, YU HSIO KAO personally appearedn LEE , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s)-m'are s ubscribed to the within instrument and acknowledged to me that ~they executed the same in ~their authorized capacity(ies), and that by his/her/their signatu re(s) on the instrument the person(s), or the entity upon behalf of which the pe rson(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. 'l-<'o<'> e<>oo o o eo o ,O 0@" YU HSIO KAO ~ COMM. # 1912331 ::. ~ •• : NOTARY PUBLIC -CAliFORNIA G) C:: LO S ANGELE S COUNTY 0 J.v :, v v SO'e'-.P'J~ e;c}•J,OI!-t OPTIONAL Though the data below is not required by law, it may prove valuable to persons re lying on the docum ent and could prevent fraudulent reattachment of this form D D D D 0 D D CAP A CITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER T IT LE(S) PARTNER(S) 0 LIMITED D GENERAL ATIORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER ___________ _ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXHIBIT "A" SECURITY DEPOSIT TRAcT No. G 11 ob- As evidence of W1derstanding the provisions conta ined in this Agreement, and of the Developer 's inte nt to compl y with same, the Developer ha s submitted the below de scribed sec urity in the amounts required by this Agreement, and has affixed the appropri ate s i gnatures t he reto: Security Deposit for Tract No. 69905 Improvement: $ 56, -36lo ~ Amount deposited per Cash R eceipt No.{'34-ooo 7 0 Date : 8-o5-'21J { (j; SUBDfVISION IMPROVEM ENT AGREEMEN T -----------~~~~~~~~----- CITY OF TEMPLE CITY PUBLIC SERVICES DE PARTME COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS LAND DEVELOPMENT DIVISION DATE 7, J. I If INITIALS~· r-::----"- ROADS COST ESTIMATE FOR BOND PURPOSES RO AD I MPROVEM ENTS FOR PARCEL MA P/TRACT NO .. ____ T"""'M"-6=9=9=05=--------- LOCATI ON ___ ~5=9~49~C=L=O~V~E~R=LY~A~VE=N~U=E~T=EM~PL=E~C=I ~T Y~------------ PREPARED BY __ ~P...!..Y=S __ DATE 06/18/2014 C H ECK ED BY J L DATE 06/18/20 14 Fees Effective 07/01/20 13 Page 1 of 3 CITY OF TEMP LE CITY ROAD IMPROVEMENTS FOR PARCEL MAP/I RACT N O. TM 69905PUBLIC SERVICES DE PARi!T ..... '.PJ A ,...,... .~.,... ~ ........... .-~ ,,...~ ..... ~.-......... ,...,..,.., ........... . .... ,..."~ Geotextile fabric $ 3.34 /S.FUJ\1 t $ ,41581 I I$LJ I - Guard Rai l $ 46.90 /L.F. $ 50.13 $ ' - Guide Markers $ 13.48 Each $ 16.71 s - Chain Lin k Fence (5') $ 16.71 /L.F. $ 22.2 1 $ - Chain Lin k Fe nce (6 ') $ 21.65 /L.F. $ 30.19 $ - Tree Removal (Ave. 12" D) 1 $ 477.62 Each $ 577.89 $ 477 .62 Adjust manhole $ 433.41 Each $ 511.04 $ - Tree We ll and Covers $ 100.27 Each $ 111.05 $ - Remove T emporary Turnaround $ 83 2 .3 3 Each $ 832.33 $ - Con struct T emporary Turnaro und $ 1 ,5 53.61 Each $ 1,553.61 $ - Lump Sum (fi ll in dollar amo unt) $ -Each $ -$ - Dra inage Faciliti es Curb Dra in Curb Drain, 1 Pipe $ 1 ,110.49 Each $ 1,110.49 $ - Curb Drain , 2 Pipes $ 1 ,442.56 Each $ 1,442.56 $ - Curb Drain, 3 Pipes $ 1 ,775.71 Each $ 1,775.7 1 $ - Parkway Drain No. 1 1 $ 3,328.24 Each $ 3,328.24 $ 3,328.24 Catch B asi ns Catch Basin No. 300, W=3.5' $ 4,441.97 Each $ 4,441.97 $ - Catch Basi n No . 300, W=?'-10' $ 4,997.21 Each $ 4,997.21 $ - Catch Basi n No . 300, W=14' $ 6,107.70 Each $ 6,107.70 $ - Catch Bas in No. 300, W=17', 2 1' $ 7 ,773.44 Ea ch $ 7,773.44 $ - Catch Basi n No. 300, W =28' $ 8,883.93 Ea ch $ 8,883.93 $ - Catch Bas in No. 30 1, W=T W/1 Grate $ 5,552.46 Eac h $ 5,552.46 $ - Catch Ba sin No. 301 , W =1 0' W/1 Grate $ 6,662.95 Each $ 6,662.95 $ - Catch Bas in No. 301 , W=14' W/1 Grate $ 7 ,2 18.19 Eac h $ 7,218.19 $ - Catch Bas in No. 301, W =14' W/2 Grate $ 8,328.68 Each $ 8,328.68 $ - Catch Ba sin No. 30 1, W=21' W/2 Grate $ 9,994.41 Each $ 9,994.41 $ - Catch Basin No. 301 , W=28' WI 2 Grate $ 12,215.40 Each $ 12,2 15.40 $ - Ca t ch Basin No. 30 1, W =21' W/3 Grates $ 12,2 15.40 Each $ 12,2 15.40 $ - Ca tch Basin No. 30 1, W -28' W/3 Grates $ 13,325.90 Each $ 13,325.90 $ - STREET IMPROVEMENT SUBTOTAL (A) $ 21,980.72 GRAND SUBT OTAL (A+B+C+D)=E) $ 38,152.92 GRAND SUBTOTAL (E) COST < $50 ,00 0 (Yes or No) Fees Effe ctive 07 /01/2013 Page 2 of 3 ROAD IMPROVEMENTS FOR PA RC EL MAP/TRACT NO. ___ ____..;Tc..:..:M:.:.=69::..:9;:.,0:..:::5'------------ Is Signing & Stri ping required? If yes, fi ll in the plan ch eck de posit a mou nt t o the ri ght. Valu atio n for Pla n Che ck Fee (A+1 Total Plan Check Fee that covers to 4 submitta ls* Table 1 based on va an Checks beyond the 4th submittal will require a n additional payment in the amount of $330 per sheet , per submittal. Valuation Tota l (S) $10 ,000 o r less $10,001 to $100,00 0 $100 00 1 & over $1,607 $2 ,908 $1 294 + 26.01 % ove r + 11 .54% ove r + 2.82% ove r Revisions to an already approved plan will require a fee in the amount of $330 per sheet, per s ubmittal. Single lot grading encroachme nts that ar e s ub m itted as pa rt of ref erra l s from Building and Safety Division will TA BLE 2: Inspection Fee Ca lcul ation* Improvement Tota l (1, 0) In spection Fee (J , P ) $1 ,6 25 or less $350 $1 ,6 26 to $20 ,000 $350 + 21.27 % ov er $20 ,001 to $100,0 00 $4 ,25 9 + 1 1.98% over $100 ,00 1 to $50 0 ,000 $13,843 + 6.33% over $500,00 1 & ove r $39 ,16 3 + 3.32% over *Inspection fees are an estimated amount and subject to change. Please verify with Land Development Division's Permit Section upon request for permit issuance. Fees Effective 07 /0 1/201 3 CITY OF TE MPLt CIT Y PU BLI C SERV ICES DEPART ME $5 ,000 $10,000 $100,000 $1,625 $2 0,000 $100,000 $500 ,000 Attachment 8 1 LOT SHEET 1 OF 2 SHEETS 18,999 SQ. FT. TRACT NO. 69905 IN THE CITY OF THE TEMPLE CITY COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF LO T .314 OF TRACT NO. 6561, AS PER MAP RECORDED IN BOOK 72, PAGES .34 AND .35, OF MAP S, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES OWNER 'S STATEMENT: 'II( tOlB"f' STAl£ lKAT 'Ill( Nil£. M O'IHRS IX c.l AR£ 1NO£Sfm Ill n£ lJH)5 IHCUI:fD WntH M S1J!IO'IASION HMI CJI' MS YAP ·-M OIST'tiCTI\{ Bai:O UNtS, NIJ -.: CI»'Dl TO M PfUAollATl(Jj .UO~CfSSAI:ItnPNCI~ 'fl( ALSO tllJICAt[ fO K OTY rT tDF\£ CTY M ~l fQit SNrlliRY 500 f\IF'OStS SO DtSOC CJI' SAID WJP Nfl AU. IJ!t.1 tte::IDl notT0. lfrtC1.LOHC K IIOH lO WN([ c::aH:.CJOiS no£Wnt nto.l AHY ...,_,. PRIJ'016 'II( F\IROO CDIFY mAT 1£ IOfOW fS NO [ASOIEHT OR Sntuel\11[ OI2STifC 'fill*! nt: EASOIDITS IODt CJnlG fOR OEDICAflOrt TO M PUBlJC. OT'HER IHN<4 PUaJC..r OtMD WAmt I.Jt6. SOOtS, M STORM OAAfiS, THJ,T I( -.J. <JlAHT HO RIOtl M lrll£R£.ST 'M n.t ttl: IKJJiri)JM:S rs SAl) USGIOIT'S OfT(R(D TO ~ P\llJC, (J~T 'ttO£ SIJ()( RIQH OR INTER£ST IS DIPR£SSlY WAD( ULCT tOM SAil (AS(WE.HI (AS'I'WAY tM:Sl\VrtT, U.C., A CAI.JlJbiA I.MttO UABI.If'Y r:t:N/PAHY NOTARY ACKNOWLEDGEMENT: STATE Of CAUfOftMA ) COUNTY OF LOS ANG(l[S ) ON BEfORE A.t E NOTARY PUBUC, PtRSCNAU. Y A.PPCAR£0 RA YWOHD K LEE. M-tO PRQ;.,g) TO WE ON tME BASIS or SAnSf"ACTOAY £-..o£Na: TO 8£ nt£ P£ASOH 'IIIHOSE NMl£ IS WSSCRIBED TO M ~nuN L'IISTRUiotEI\IT AND AO<HOWI...EIXi£D TO l.tC THAT H( £X£0JT£D tHE SAME IN HlS AUTHORIZID CAPAQTY ANO ntAT BT HJS SICHANR£ ON rH£ lfiiST'R\IliOH. THE PERSON, OA: THE ENnTY UPON BOiAI.F OF ¥HOI 1'H( PfJtSON ACTED, [X(OJftD tHE INSllltJir,I(Nf. I CERilf"Y UNOCR P£NALTY or PtR.AJAY UNDER fli[ LAWS or THE STArE Of CAUF'OR NIA THAT THE: F'OREGClNG PARAGft.APtl IS TRUE AND CORRECT ¥II rNESS WY liANO 9~AWRE ----------------- PRiNT HAW(;. ---------------WY (;OoiVJSSKlN (XPUt(S; MY PRtNOPAl PlACE or BUSIHESS IS IN -----------C<>.JNTY T BAM<, B£.NE1lCIARY. UNDER A DEED Of TRUST RECOft()(D .AJN( 20, 2006 S NO Oti-1JS()442. Of OffiCIAl RECORDS. RECORDS Of LOS ANGELES NTY, PRINT NAME nnE NOTARY ACKNOWLEDGEM STATE Of CAUrORN.A ) COUNTY Of LOS ANCQ.£5 ) OH PERSONALLY APfl'EAR£0 PRO\m TO WE OH M BASIS Of SAn NAtr,~E(S) 15/AR£ SUBsaeED TO THE H(/SH(.. THEY (X( OJ T£D 1'H£ SAM£ PRtH NAt.l£ nil£ ATE Of CAL.IrORNIA fHAT WV COOJ!SSJON EXPIRCS· ___ ,_,...-- ----------COUNTY. I HEREBY C£RTFY fHA T ALL CE.RTlf.'lCA TES HA~ 9££N FUD AND OE:POSITS HA~ BEEN I.I A.OE THAT ARE REOlAREO U'«lER THE PAOVISONS Of SECOONS 1515492 AHIJ 615 4SIJ Of tHE SUBDI'-1SIOH WAP ACT. OCECVniJE OfflCER, BOARD or SVPERVI~S OF THE COJ~ TY fT LOS AAGEl.£.5. S 1' A J[ Of CALECIRNtA ···---~~MMo~f'Y---------DA•<------ I HERE:BY C£RT1F'Y THAT S(OJRITY IN Tl-l£ AWOUNT Of HAS BEEN FlL.£0 ~TH THE E:X£Qin'IE OFJlCEJt BOARD Of S\.IPER'-1SORS Of llit COUNTY Of LOS ANCO,.ES AS SECUR1TY rOR THE PA'fWENT Of TAXES AND SPEOAL ASSESSwtHTS COI..LECT£0 AS fAXES ON TliE LAND g;QW 0H t.lAP CY mACT NO. 69905 AS R(QI.IRED BY LAW DEC:Un~ OF'flCEII, BOARD C:F SUP£R\1SORS Of' THE COUNTY fS LOS ANcn£5. STATE Of' CALF'OANJA ••·----n~""-~rv~-----------o.,._ ____ _ SURVEYOR'S STATEMENT: fMIS W,.P WAS PREPARED BY lol[ OR UHO(A MY DliRECTION ANO IS BASED UPOH A TRU£ A.NO c:owP\.ETt nEl.D SUR~ PERfORMED BY W£ Oft UNDER WY OIRECnON IN ....,..(. 201 J. IN CONf'CIRWAHCt 'MJM THE MOUitOI:EHTS 0£ TH£ SUOOI~SK)H lroiAP ACT AHO LOCAl OROINAAct: AT 1liE REQUEST 0£ RAY\IOHO lU OH WAY l. 201.). I t£REBY STATE OUT MS TRACT tU.P SU8STAHnAL.LY CONF"ORMS TO THE APPRO'-'EO OR CONatnOHAU.Y APPRO\'tD t'DHAnvt W.AP, I( AHV; ~AT AU. THE MOH\Jt,IOH'S ARt CF fM£ OiAA.AC1'ER AHO OCCUPY TH( P09TlOhS ll'r4DICATED; Tlo!AT THE IIIOHUWENTS AR£ SUFTlCIEHT TO ENABLE THE SUR\£Y TO 8£ R£1RACEO JACk c: Ctt L$ 8407 £XPI£RCS 6-l0-2014 D(COUJ(R J, 201 J bATt BASIS OF BEARING NOTES· TH£ BEARINGS SHOWN HEREON ARE BASED ON THE 8EARINC Nl!l':loO'OO·w OF THE CENTIRUNE OF Q.O'VERLY A~U( (F'OAW(RlY AAUOHA A~UE) AS SHOWN ON MAP ar TRACT NO. 6561 fllCD IN BOOK 72. PACES J 4 AHD J~ Of MAPS, RECORDS fT lOS AHOO.!'S OOUNTY. CITY ENGINEER'S CERnFICA TE: T HEREIY CERTIFY THAT I t-4AV[ (XNHNEO THIS MAP 1 THAT IT CONF'DRHS SUBSTNHIH...L.'t' TO THE: TENTATIVE MAP AND N-L ~VED "'-.T£RATJONS nt:R£tF1 THAT ALL PROVISIONS Of TH( SUIDIVIS!Cf..l CfZDINANCtS CF'" TM£ CITY Dr TEMPLE CITY APPLICAIL[ AT Tl€ TIM£ Qr" APPROVAL (J" THE TENTATIVE MAP HAV[ BEEN COMPLIED VITHJ AND THAT I Not SATISFIED THAT THIS HAP IS TECHNICALLY COI?RCCT IJITH RESPECT TO CITY RECtRDS H(VILL( ll PEREIRA, R.C.C. :i5nl [XPIRAf(Qrl OAT(• lZ/JI/lOI4 CITY EN<i(H(£R -CITY Of TEMPLE CITY CITY TREASURER'S CERnFICATE CITY TREASURER -OfY Of TENPLE OTY CITY CLERK'S CERTIFICATE: I H£R£.8Y COilTY fHA T Dt£ OT'I' COIJNa.. Of THE (lf"'' Of T(MPl[ QTY BY WOTIOH PASSED ON r"'OR""SAA=J"'IAR=v•S£'0{li=""EA=so.o=OI;:;oi;:;S-!~:;: ::c~~c:.~ WAP AHO ACXXPTED T'HE OEDN:AnON CITY CURK -OfY (S 'ftMPLt' CITY CITY SURVEYOR'S CERTIFICATE I HCRCBY C£RflrY THAT I HAVE: ~II£0 THU MP1 THAT rT ~CRKS TO ALL U£ P'ROVISI[)fS IY THE SUBDl\I'ISION AAP ACT AND TH.AT tT IS TECHHICALLY a:RRECT tH -.u 4SP£CTS Mlf CCRUF'IED BY THE CITY CHGlN((R DAVID B. RAQ.AND. Pl$ 3173 CITY SURV[YOR -CITY Dr fDA..£ CITY EXPmAnoN OAT[.; 01-30-2015 CONDOMINIUM NOTE Tl·IIS SU80MSION IS APPROY£0 AS A CONOOOJNIUW PRO.ECT, f OR 8 UNITS, ~ER£BY 1'H£ OWNERS or THE UNITS Of AIR SPACE 'MU. HOlD AN UNDIVIDED INTtREST 1H THE COtr.IWOH AREAS THAT Wll.l, IN TURN, PRO"AQ( Tli( N(C(SSA.RY ACCESS .A.HO UTlJT'I' EASOIDH5 F'OA THE UNITS SCALE: 1"= 30' SHEET 2 OF 2 SHEETS TRACT NO. 69905 I IN THE CITY OF TEMPLE CITY COUNTY OF LOS ANGELES, STATE OF CALIFORN I A FOR CONDOMIN IUM PURPOSES I~ 1[3 I AVENUE rD r IRA.SS DISK. ST"-HP 'COUNT't' DelHEIR', DH 8' lN SURVEY ICNJH£NT IJ(ll. PU LA CO RDrt 1:526 PG 1701, ACCEPTED AS C/L INTCRSECTJOH ·UOU' I w 30' r.. ~ .. w ~ > I « I ~ I I 8 I I 18,999 sF. <GROSSl I il~ .. ~: ~ I~:~ 16,042 SF <NETl. •. jl I I : I I : I ~~-A----J•L~~·---A----~~~2U~~=~~~~--~~--~·~·4~•-·-L----~~--~~"~I ~I'O'YZJ"[ 190CW <190..DO') l20..1)6' -....:/!; I ~ N'LY UM: Of" LOT 31:5 , TAACT NQ 6561. Mi 72-34-,, E$Uok.ISK:D IY PRORAriC»f PElf SAID TRACT .... I 30' t 30' I 0 ::> z w > <i>J <[ I <[ z D :E ~I <[ "' ~I~ ,.. ...J "' w I> :E "' D D ld ~ 30' > 8 ~ ' LAS TUNAS DRIVE N81 "09'JS'£ -----------r- rD l" JRASS DISK, SUMP 'COI..JrfTY £NGINrot•. DN a• IN Sl.RV(Y MONI.M:Nl \/£LL Pt:R L.l\. CO A:DrB 1~6 PCi 1701, ACCCPTU -.s C/L INfEA:S(CfiOH ~M:RL Y SAN _GABR IEL _AVENUD _ -:1 4 44.01' rD 2' IAASS DISK, $1~ 'CD..NlY ENGINEU', DN 9 ' IN SURV(l JoO.iUHCNT IJ(Ll, P(R LA CO P\lfl I~ PCi J046A, ACC(PT(D AS Cit. lfrfltRS(CTU»> EASEMENT NOTES @ PRJVATE ORJWWAY AHO nR£ l.AHE. ® ~~ ~ &-~r:J ~ ~~~~~~o~~~st:s SUf<II£YOfi'S NOTE~ e Fr:AJH0 liOHtNOIT AS HOW 0 SCT III#ONtNCNT AS HOrrD () R('t'ORCQ) !MTA PUt rRACT NO IS!Sel, iJB 7Z-J4 -J5 M!lUNMENI NO![· <D SET I' P, COIDfl PLUC * TAO!., TACCm LS &407, ru&t 0 5£Tt.AI, TAICC(])lSI'OJ INDICA TtS f'H( BOUNDARY or 1l1E LAND 8£JNC SVBQ;VlD£0 BY fl.flS MNJ L