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11) 7H Final Subdivision Map Approval for Parcel Map No 71956 three Unit Condo Project at 5451 Sultana Avenue
AO~NDA ITEM 7.H. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: April?, 2015 TO: The Honorable City Council FROM: Bryan Cook , City Manager Via : Michael D. Forbes, AICP , Community Development Director~ By : Hesty Liu , AICP, Associate Planner SUBJECT: FINAL SUBDIVISION MAP APPROVAL FOR PARCEL MAP NO. 71956, A THREE-UNIT CONDOMINIUM PROJECT AT 5451 SULTANA AVENUE RECOMMENDATION: The City Council is requested to: a) Receive the Subdivision Improvement Agreement (Attachment "A"); b) Approve the final subdivision map for Parcel Map No. 71956 and ded ications indicated on the map (Attachment "B"); c) Authorize the City Manager to execute the Subdivision Improvement Agreement; and d) Authorize the City Clerk to certify Parcel Map No . 71956 . BACKGROUND: 1. On August 20, 2012 , the City received an app li cation proposing a three-un it condomin ium subdivision project for the property located at 5451 Sultana Avenue . 2 . On August 22, 2012 , the submitted tentative map was distributed to the Department of Public Works of Los Angeles County and Los Angeles County Fire Department for commen ts . 3. On November 22, 2012 , staff held a subdivision meeting with th e property owner/developer, developer's engineer, and staff from Los Angeles County Public Works (then City Engin ee r) to rev iew and di scuss the conditions recommended for the proposed subd iv ision . City Council April?, 2015 Page 2 of 3 4 . On January 8 , 2013 , at a noticed public hearing , the Planning Commission reviewed and approved the project. 5. On November 1, 2013, the City Engineer (Transtech) advised the City that the final map prepared for the project was approved from a technical standpoint. 6 . On January 7 , 2015 , the developer signed the City's Subdivision Improvement Agreement. 7. On February 4, 2015 , the "Declaration of Covenants, Conditions , and Restrictions" prepared for the project was reviewed and approved by the City Attorney. ANALYSIS: The tentative map for the development was approved in 2013 . The approval was based upon the conclusion that the project would be consistent with the General Plan and Zoning Code . The approved tentative map was granted an initi a l life of two years from the date of approval which was set to expire on January 8 , 2015. However, under the provisions of AB 116, passed in July of 2013 , any tentative map approved on or after January 1, 2000 , would be automatica lly extended for another 24 months . As a resu lt, the approval for Tentative Parcel Map No. 71956 (this project) was extended to January 8, 2017 . Now the final map for the subdivisio n is ready for recordation . The final map has been reviewed and approved by the City Engineer. The applicant signed the Subdivision Improvement Agreement and submitted the security deposit for street improvements . Certifying the final map will a ll ow the developer to record the map and start construction of the project. CONCLUSION: Based upon the find ing that the final map is in substan tial compliance with the approved ten tative map , staff recommends that the City Council authorize the City Manager to execute the Subdiv ision Improvement Agreement and approve the final map . FISCAL IMPACT: Approval of this item wil l not have an im pact on the City 's budget. City Counci l April 7 , 2015 Page 3 of 3 ATTACHMENTS: A. Copy of the Subdivision Improvement Agreement B. Copy of Final Tract Map No . 71956 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: Bryan Cook, City Manager 9701 Las Tunas Drive Temple City, California 91780 Attachment A THIS SPACE FOR RECORDER'S USE ONLY SUBDIVISION IMPROVEMENT AGREEMENT FINAL PARCEL MAP 71956 By and Between THE CITY OF TEMPLE CITY, a municipal corporation and DATED )d .. v>tl-d r ~ 7 v '2015 SUBDIVISION IMPROVEMENT AGREEMENT FINAL PARCEL MAP 71956 This Subdivision Improvement Agreement ("Agreement") is entered into as of this 7 d day of .Ja.,}Wc f"?c , 2015 by and between th~ City of Temple City, a municipal corporation ("City") and G~'-~"-•. k'. ~ a Kua_.,l ,(1 Jls,~·L.•Jct_...~("Developer"). City and Developer are sometimes hereina er individually referre to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. Developer has subm itted to City an application for approval of a final parcel map for real property located within City, a legal description of which is attached hereto as Exhibit "A". The parcel map is identified in City records as Parcel Map No. 71956. On January 8, 2013, the City conditionally approved Parcel No. 71956. B. Developer has not completed all of the work or made all of the Public Improvements required by the Subdivision Map Act (Government Code sections 66410 et ~.), ("Map Act") the City Ordinances, the conditions of approval for Parcel No. 71956 , 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 app licable prov1s1ons of the Map Act, Developer and City enter into this Agreement for the timely construction and completion of the Public Improvements and the furnishing of the security therefor, acceptable to the City Engineer and City Attorney, for Parcel No. 71956. 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 sec urity are made in consideration of City's approval of the final map for Parcel No. 71956. DEFINED TERMS . . . J 1 . cA.~.,.,.~ tU•·< Rt.x f-,·,l "Developer" shall mean f:i a. /(. Lt~.~ , Yu J<u.tu, L' n 7f, .w L ·4 :t ~ • The term "Developer" sha also include all assignees, to he extent permitted under thi s 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 approx imation of the actual cost to construct the Public Improvements, including the replacement cost for all land scaping. -l - "Litigation Expenses" shall mean all costs and expense~, t~ the extent rea.sonable in a~ount , actually and necessarily incurred by a party in good fatth m the prosecutiOn of an action or proceeding, including, but not limited to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, sp ecial 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 Parcel Map No. 71956located in the City ofTcmple 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 Parcel Map No. 71956 and as shown in detail on the plans, and specifications which have been approved by the City and incorporated into Parcel Map No. 71956. 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 Parcel Ma p 71956. "Required Insurance" shall mean the insurance required to be maintained by Developer under Section 17. "Security" shall mean surety bonds in the amounts and under the terms of Section 12 or other security approved by City Engineer or City Attorney. "Parcel Map No 71956." shall mean the final map prepared and approved by the City for tentative parcel map no. 71956. "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 s ha ll not be effective unless and until all four ( 4) of the following c o ndition s are sati sfied in th e ord e r provided: - 2 - 1.1 Security. Deve loper provides Ci t y wi t h the Security of the type and in the amounts required by thi s Agreement; 1 .2 Final Map and Agreement Approval. The City Co unci l of the City ("City Council") appro ves th e final map for Parcel No. 71956 and thi s Agreement; 1 .3 Record Agreement. D eveloper and City execute the Agreement and City records this Agreement in the Recorder's Office of the County of Los Angeles; and 1 .4 Record Final Map. Developer records the final map for Parcel No. 71956 in the Recorder's Office ofthe County of Los Angeles. If the a bove described conditions are not satisfied in the order, manner and within the time provided under this Agreement, this Agreement shall auto matically 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. Constructi on of the Public Improvements s ha ll include a ny transitions and/o r other incidental work deemed necessary for drainage or public safety. The Developer sha ll be responsible for the replacement , relocation, or removal o f any compo nent of any irrigation water or sewer system in confl ict w ith the construction or installation of the Public Improvements. Such replacement, r e lo cation, or removal shall be performed to the complete sati sfaction of the Cit y Engineer a nd the owner of such water or sewer system. Developer further promises and agrees to provide a ll equipment, tools, materials, labor, tests, des ign work, and e ngineering services necessary or required by C ity to fully and adequatel y complete the Public Im provements. 2 .1 Prior Partial Construction of Public Improvements. Where construction of any Publ ic Improvements ha s been partially compl eted prior to this Agreement, Developer agrees to complete such Public Improvements o r assure their completi on in accordance with this Agree ment. 2.2 Permits; Notices; Utility Statements. Prior to commencing any work, Developer s hall , at its sole cost, expense, and li abil it y, obtain all necessary permits and approvals and give all necessary and incide ntal notices required for the lawfu l construction of the Public Impro vements and performance o f Deve lo pe r's obligations under this Agreement. Developer sha ll conduct the work in full compliance with the regulatio ns, rules, and other requirements contained in any permit or approval issued to Developer. Prior to commencing any work, Developer sh a ll file a written statement with the Ci ty Clerk and the C ity E ngi neer, signed by Developer and each utility which will provide utility service to the Property, attesting that Developer has made a ll deposits legally required by the utility for th e extension and provision of utility service to the Property. 2.3 Pre-approval of Plans and Specifications. Developer is prohibited from co mmencing work o n any Public Improvement until all plans and specification s for such Public Imp rovement have been submitted to and approved by the Ci ty Engin eer, or h is or her designee. Approval by the C ity Engineer s hall not relieve Developer from ensuring that all Public Improvements conform with all other requirements and standards set forth in this Agreement. - 3 - 2.4 Quality of Work; Compliance with Laws and Codes. The construction plans and specifications for the Public Improvements shall be prepared in accordance with all app licable 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 sk illful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications and approvals shall be maintained throughout the term of this Agreement. 2.6 Alterations to Improvements. All work shall be done and improvements made and completed as shown on approved plans and specifications, and any subsequent alterations thereto. If during the course of construction and installation of the Public Improvements it is determined that the public interest requires alterations in the Public Improvements, Developer shall undertake such design and construction changes as may be reasonably required by City. Any and all alterations in the plans and specifications and the Public Improvements to be completed may be accomplished without giving prior notice thereof to Developer's surety for this Agreement. 2. 7 Other Obligations Referenced in Conditions of Tentative Map Approval . In addition to the foregoing, Developer shall satisfy all of the conditions of approval on the tentative map for the Property. The conditions of approval 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 C ity forma ll y 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, sha ll 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 s hall include, but shall not be limited to, repa ir 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 sha ll 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 suc.h maintenance and the cost thereof shall be the responsibility of Developer and its surety under thts Agreement. City shall not be responsible or li a bl e 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 .;:l years <..E.!t.. months) following approval of the final map for Parcel Map No. 71956. 4 .1 Extensions. City may, in its sole and absolute discretion, provide Developer with additi onal t ime within w hi ch to complete the Public Improvements. It is understo od that by providing the Securi ty required under Section 12.0 et seq. of this Agreement, Developer and it s s urety consent in advanc e 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 a ll defense of laches, estoppel , s tat utes of limit ati ons, and other limitations of action in any action or proceeding fil ed by City fo llowing the date on which the Public Improvements were to have been completed hereunder. In addition, as consideration for granting such extension to Developer, C ity reserves the right to review the provisions of this Agreement, including, but not limited to, the construction s tandards, the cost es tim ates establi shed by City, and the sufficiency of the improvement security provided by Developer, and to require adjustments thereto w he n warranted according to C ity's reasona ble di scretion. 4.2 Accrual of Limitations Period. Any limi tat ions pe riod provided by law related to breach o f thi s Agreement or the term s 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 Impro vements . 5. GRADING. Deve loper agrees th a t any an d a ll grading done or to be done in conjunction with construction of the Public Improvements or development of Parcel Map No. 71956 shall conform to a ll federal, s tate, and loca l laws, ordinances, regu lations, and other re quirements, including C ity's grading regulations. A ll grading, landscaping, and construction activities shall be performed in a manner to control erosion and prevent flooding problems. The C ity Engineer sh a ll have the authority to require erosion p lan s to prescribe reasonable controls on the method, manner, and time of g rading, land scaping, and construction activities to prevent nuisances to surrounding properties. Plans sha ll include without limitation temporary drainage and erosion contro l requirements, dust control procedures, restric ti ons on truck an d other constru ction traffic routes, noise abatem ent procedures, storag e of materials and equipment, removal of garbage, tra sh, a nd refuse, securin g th e job site to prevent injury, and similar matters. In order to prevent dam age to th e Public Improveme nt s by improper drainage or other hazards, the grading shall be completed in accordance with the time schedul e for completion of the Public Improvements establi sh ed by this Agreement, a nd prior to City's a pproval and acceptance of th e Public Improvements and release of th e Security as set forth in Section 12.0 et ~· of this Agreement. 6. UTILITIES. Developer shall provide utili ty services, including water, sewer, power, gas, and te le phone service to serve each parcel, lot, or unit of land within Parcel Map No. . 5 - 71956 in accordance with all applicable federal, state, and loc a l 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 so le cost, expense, and liability, pay all fees, charges, and taxes arising out of construction of the Public Improvements, including, but not limited to, all plan check, design review, engineering, inspection, and other service fees, and any impact or connection fees established by City ordinance, resolution, regulation, or policy, or as established by City relative to Parcel Map No. 71956, or as required by other governmental agencies having jurisdiction over Parcel Map No. 71956. 8. CITY INSPECfiON OF PUBLIC IMPROVEMENTS. De veloper 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 in spector 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 d irect control of the individual workmen on the job site. City's inspector sha ll have the authori t y to stop any and all work not in accordance with the requirements contained or referenced in this Agreement. The inspectio n 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 previous ly 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 contai ned 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 thi s 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 Parcel Map No. 71956 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 b uildings or structures located on the Property shall not be construed in any manner to constitute City's acceptance or approval of any Public Improvements. 10.3 Developer's Obligation to Provide As-Built or Record Drawings. Notwithstanding the fore going, City may not accept any Public Improvements unless and until Developer provides one (1) set of "as-built" or record drawings or plans to the City Engineer for all such Public Improvements . The drawings shall be certified and sh all re flect 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 (1) year following completion of the work and acceptance by City. During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise unsatisfactory portion of the Public Improvements, in accordance with the current ordinances, resolutions, regulations, codes, standards, or other requirements of City, and to the approval of the City Engineer. All repairs, replacements, or reconstruction during the Warranty shall be at the sole cost, expense, and liability of Developer and its s urety. As to any Public Improvements which have been repaired, replaced, or reconstru cted during the Warranty, Developer and its surety hereby agree to extend the Warranty for an additional one (1) year period following City 's acceptance of the repaired , replaced, or reconstructed Public Improvements. Nothing herein shall relieve Developer from any other liability it may have under federal, state, or local law to repair, replace, or reconstruct any Public Improvement following exp iration 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 Security 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 abso lute discretion, that the Estimated Costs have changed, Developer shall adjust the Security in the amount requested by City. Developer's compliance with this provision (Section 12.0 et seq.) shall in no way limit or modify Developer's indemnification obligati on 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 thi s Agree ment, and to secure Developer's one-year guarantee and warranty of the Public Im provements, including the maintenance of all landscaping in a vigorous and thriving condition, Developer sha ll provide City a faithful performance bond in the amount of seventy-five thou sand s, two hundreds and eight doll ars, a nd ninety-five cents($ 75 ,2 08.95),, w hich 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 po~ions o~ the Security provided under this section as the Public Improvements are accepted by C1ty, prov1ded that Developer is not in default on any provision of this Agreement or condition of approval for Parcel Map No. 71956, 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 Parcel Map No. 71956. 12 .3 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, material men, and other persons furnishing labor, materials, or equipment for perfonnance of the Public Improvements and thi s Agreement, Developer shall provide City a labor and materials bond in the amount of seventy-five thousands, two hundreds and eight dollars, and ninety-five cents ($ 75.208.95), which sum shall not be less than one hundred percent (1 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 tenns 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 fonns 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 perfonnance 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 corners, and street centerli ne monuments for Parcel Map No. N/A 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 _J<. ,·u Dollars ($ -e-), which sum shall not be less than one hundred percent (100%) of the costs of setting the Subdivision Monuments as detennined by the City Engineer. Said cash depos it may be released by writte n authorization of the City Engineer after all requ ired Subd ivision 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. N/A 14. LIEN. To secure the timely performance of Developer's obligations under this Agreement, including those obligations for which sec urity has been provided pursuant to Sections 12.0 et ~-and 13.0 of this Agreement , Developer hereby creates in favor of City a lien against all portions of the Property not dedicated to City or some other governmental agency for a public purpose. As to Developer's default on those obligations for which security has been provided pursuant to Sections 12 .0 ~ ~-and 13 .0 of this Agreement, City shal l first attempt to collect against s uch security prior to exerci sing its rights as a contract lienho lder under this section. 15 . SIGNS AND ADVERTISING. Developer understands an d agrees to C ity's ordinances, regulations, and requirements governing signs and advertising structures. Developer hereby agrees with and consents to the s um mary removal by City, w ithout notice to Developer, of all signs or other advertising structures erected, placed, or situated in vio lation of any City ordinance, regulation, or other requirement. Removal s hall be at the expense of Developer and its surety. Developer and it s surety sha ll ind emnify and hold City free and hannless from any claim or demand arising out of or incident to signs, advertising structures, or their removal. 16. INDEMNIFICATION. Develo per shall defend, indemnify, an d hold harmless City, its elected officials, officers, employees, and age nt s from any and all actual or alleged claims, demand s , causes of ac tion, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by admini str at ive action of any federal, state, or local governmental body or agency, a rising out of or incident to any acts, omissions, negligence, or willful mi sconduct of Developer, its personnel, em ployees, agents, or contractors in connecti on with or aris in g out of constructi o n or maintenance of the Publi c Improvements, o r perfonnance of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fine s, judgments, awards, decrees, a ttorneys' fees, and related costs or expen ses, and the re imbursement of City, it s 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 ac ti on, liability, loss, damage, penalty, fine , or injury, to property or persons, includin g wrongful death, which is caused so le ly and exclusively by the gross negligence or willful misconduct of City as detennined by a court or administrative body of competent jurisd icti o n . Developer's obligation to indemnify City s hall survive the expiration or termination of thi s 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 shal l 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 equival ent 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. Dev~loper 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 e mployees. 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 s hall be endorsed to include contractual liability. 17.2 Dcductiblcs. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its e lected 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 re lated 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 vo lunteers as additional insureds with respect to work perforn1ed 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 limit ations 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 vo lunteers. All policies for the Required -) 0 - 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 exp ire prior to that date. All policies shall be endorsed to provide that the Required Insurance shall not be suspended, voided, reduced, canceled, or allowed to expire except on 30 days' prior written notice to City. 17 .7 Insurer Rating. Unless approved in writing by City, all Required Insurance shall placed with insurers licensed to do business in the State of California and with a current A.M. Best rating of at least A:VIII. 18. DEFAULT; NOTICE; REMEDIES. 18 .1 Notice. If Developer neglects, refuses, or fails to fulfill or timely complete any obligation, tenn, 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 sha ll commence the work required to remedy the default or violation within ten ( 1 0) days of the written demand from the City. If the default or violation constitutes an immediate threat to the public health, safety, or welfare, City may provide the demand verbally, and Developer shall commence the required work within twenty- four (24) hours thereof. Immediately upon City's issuance of the demand to remedy the default, Developer and its surety shall be liable to City for all costs of construction and installation of the Public Improvements and all other administrative costs expenses as provided for in Section 9.0 of this Agreement. 18.2 Failure to Remedy; City Action. If the work required to remedy the noticed default or violation is not diligently prosecuted to a substantial completion acceptable to City within a reasonable time designated by the City, City may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its sole and absolute di scretion 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 -II - 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 a nd expense incurred. 18 .3 Other Remedies. No action by Ci ty pursuant to Section 18.0 et ~· of this Agreement shall prohibit City from exercising any other right or pursuing any other legal or equitable remedy avai lable under this Agreement or any federal, state, or loc al Jaw. City may exercise it rights a nd remedies independently or cumulative ly, and City may pursue inconsistent remedies. City ma y in stitut e an action for damages, injunctive re li ef, or specifi c performance. 19. GENERAL PROVISIONS. 19.1 Authoritv to Enter Agreement. Each Party warrants that the indi viduals who have signed this Agreement have the legal power, rig ht, and a uthority make this Agreement and bind each respective Party. 19.2 Cooperation; Further Acts. T he Parties shall fully cooperate with one another, and shall take any additional acts or sign any additi onal 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 partic ipated 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 cal endar days and not work days. All references to Developer include all personne l, employees, agents, and subcontractors of Developer, except a s otherwise specified in thi s Agreement. All references to City include its elected officials, officers, employees, age nts, and volunteers except as otherwise specified in this Agreement. The captions of the vario us 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, dem and s, invoices, and written communications shall be in writing and delivered to the followin g addresses or such other ad dresses as the Part ies may designate by written notice: CITY: City of Temple City Attn: Bryan Cook, City Manager 9701 Las Tunas Drive Temp le City, C a lifornia 9 1780 DEVELOPER: G(/yij/ k. L{t ,· t-fsn•-l!1 [,'n 1 C lu ,,,~ -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 assignment, hypothecation, or transfer. Unless specifically stated to the contrary in City's written consent, any assignment, hypothecation, or transfer shall not release or discharge Developer from any duty or responsibility under this Agreement. 19.8 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation. 19.9 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 19.10 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 19.11 Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out of the Parties' activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate California State Court in the County of Los Angeles, California. Each Party waives the benefit of any provision of state or federal law providing for a change of venue to any other court or jurisdiction including, without limitation, a change of venue based on the fact that a governmental entity is a party to the action or proceeding, or that a federal right or question is -13 - involved or alleged to be involved in the action or proceeding. Without limiting the generality of the foregoing waiver, Developer expressly waives any right to have venue transferred pursuant to California Code of Civil Procedure Section 394. 19.12 Attorneys' Fees and Costs. If any arbitration, lawsuit, or other legal action or proceeding is brought by one Party against the other Party in connection with this Agreement or the Property, the pre va iling party, whether by final judgment or arbitration award, shall be entitled to and recover from the other party all Litigation Expenses. Any judgment, order, or award entered in such legal action or proceeding shall contain a specific provision providing for the recovery of Litigation Expenses . 19.13 Relationship Between The Parties. The Parties hereby mutually agree that neither this Agreement , any map related to Parcel Map No. 71956, nor any other related entitlement, permit, or approval issued by City for the Property shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors and subcontractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City. 19.14 Counterparts. This Agreement may be executed in counterpart originals, which taken together, shall constitute one and the same instrument. 19 .15 Effective Date of Agreement. This Agreement shall not become effective until the date it has been formally approved by the City and executed by the appropriate authorities of City and Developer. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written . ATTEST: Peggy Kuo City Clerk -14 - CITY OF TEMPLE CITY By: __________________ __ Bryan Cook, City Manager APPROVED AS TO FORM By: _________ _ Eric S. Vail City Attorney DGV{; LOPER s; NOTE: ~ t"--===-=7 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 CIVIL CODE§ 1189 A notary public or other officer completing this certificat e verifies only the ident ity of the ind ivi du al who signed t he document to which this certificate is attached, an d not t he truthfulness, accuracy, or va lid ity of that document. State of California County of Lo f A f\ ~) t--\ ~ r On J oA""'"-~7 1, 20 17 before me, _ _,t::.='-r .:...:A:._•-=t.---'-rJ\___,.<:_I-=t-f\-=--~-r_t_L._~c;o~. __ f):....:....:...O_,_\-_~_r_1+----- 0ate Here In se rt Name and Title of the Officer who proved to me on the basis of satisfactory evidence to be the person~ whose name@ fil~ subscribeg_to the within instrument and acknowledged 1Q_me that bef~~~executed the same in !J,i.s1'6e'(~uthori ze d capacity(®). and that _l?,y ,bis11)ef~...-,;:s ignature@ on the instrument the person(§), or the entity upon behalf of which the person~ acted, executed the instrument. Place Notary Seal Above z z » .. I certify under PENAL 1Y OF PERJURY under the laws of the State of California that the foreg oing paragraph is true and correct. WITNESS my hand and official seal. Signature }rv,w_. ~vYU -----------------------------OPTIONAL ----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document -a..'e . .., c" \ 9 'Y' t .-nl,f Title or Type of Document: s,..~c\ • .~.~,.,.._ 1 ... r ... '""' I' •. ,·' 1 :-...o~:. 7 1 1'.1' Document Date: Number of Pages: 10 Signer(s) Other Th an Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Ti t le(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual 0 Attorn ey in Fact 0 Individual 0 Attorney in Fact 0 Tru stee 0 Guardian or Conservator 0 Tru stee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 Nat ional Notary Association· ww w.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary pub lic or other officer completing th is certificate ver ifies only the identity of the individual who signed the document to which this certificate is attached , and not the truthfulness, accuracy, or validity of that document. State of California County of Lo 5" .A., f\ 1 r;; \e.-> On ),.,/IN'•''1 9 . 2-Q 1 S bef ore me, Date e...r(\1L. 1\J\e.. ie~ drt-z.. (1\ (VJ~A-~'1 p._l\o\1 L , Here Insert Name and Title of the Officer · personally appeared _____ Kz..=-"t:A""'---''-------"l~,..l:.".l,------------------ Name(s) of Signer(s) who proved to me on the basis of sat isfactory evidence to be the person~ whose name_(s'( @Ya re sut>scribed to the within instrument and acknowledged to me that r~....stf8/tl:le )f' executed the same in d5fs'1.1:1ef/tl:l 911' authorized capacity{les), and that b.~~l).er/t beirs ignatu~~Y6n the instrument the person~)-;-- or the entity upon behalf of which the person{sJ acted, executed the instrument. Place Notary Sea/ Above I certify under PENALTY OF PERJURY under the laws of the State of California t hat the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature AtUL ~~~r'::~ Signature of Nk ry Public -----------------------------oPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ..-0~,11-,;;p/1 ,....,~ "o/t!Y<"i- Description of Attached Document -> ~. ( L! \ J c.., liar<«.--,.,..\-f ''~<\ 1-,r:, rJ\ ' ?t J~ J 1 ?//1.:., Title or Type of Document: 1 ' "' Document Date: N >'J'(Il·y , ~ / Number of Pages: 3(.., Signer(s) Other Than Named Above: ___________ _ Capacity{ies) Claimed by Signer{s) Signer's Name: ___________ _ Signer's Name: ___________ _ 0 Corporate Officer -Tit le(s): ______ _ 0 Corporate Officer -Tit le(s): ______ _ 0 Partner -D Limited 0 Gen eral 0 Partner -D Limited D General 0 Individual 0 Attorney in Fact D Individu al 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator D Trustee 0 Guardian or Conservator 0 Other: ______________ _ D Oth er: -------------- Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association • ww w.NationaiNotary.org • 1-800-US NO TARY (1-800-876-6827) Item #5907 .-.,A .. -:.J~"'rCCb0' .... _ ·-: • • '¥.~1 c'fJ• 1LJ (.tt.;\~2 ~~;.~\. ~ t • Sl.,t! of r .,. ·-J..:r.~·r.-;, con•w. v~' P-· i-,.,-~~t!... c·; . ,·. :· ;~ J J•.! : .... ,\,.. \ 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) who se namcs(s) is/arc 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 th e entity upon behalf of which the person(s) acted, executed the in strument. I certify under PENALTY OF PERJURY under the law s of the State of California that the forego ing 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 0 INDIVIDUAL 0 CORPORATE OFFICER 0 0 0 0 0 TITLE(S) PARTNER(S) 0 LIMITED 0 GENERAL ATTORNEY-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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COU NTY OF On ____ , __ before me, ------• perso nally appe ared ------· 0 pers onall y kno wn to me -OR -0 prov ed to me on th e basi s of sat is fac tory ev id ence to be the person(s ) whose namc s(s) is/nrc subscribed to th e within ins tru ment an d ackno wledged to me tha t he/s he/they executed the same in his/her/th eir authori zed capac ity(ies), and th at by his/he r/th e ir signaturc (s) on the instrument the pc rso n(s}, or th e entity upo n behalf o f whi ch th e pcrson(s} ac ted, execut ed th e in strument. WITNE SS my hand and officia l sea l. (SIGNATURE OF NOTA RY) OPTIONAL Though the data below is not required by law, it may pr ov e valuable to perso ns rel y in g on the document and could prevent fr audulent reattachment of this form CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL 0 CORPORATE OFFICER 0 0 D 0 0 TITL E(S) PARTNER(S) 0 LIM ITED 0 GENERAL ATTORNEY-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 DOCUM EN T NUMB ER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED AB OVE -.6 .. ,,#0.,1 . I ,J t V I'Io Ji~lf'I\.U v C r'VI C I". 1\\.Jt<J.:t;M t:.N J EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY PARCEL MAP NO. 71956 LOT 8 IN BLOCK "A" OF TRACT NO. 11218, IN THE CITY OF TEMPLE CITY, COUNTY OF LO S ANGELES, STATE OF CA LIFORNIA , AS PER MAP RECORDED IN BOOK 202, PAGES 47 AND 48 OF MAP S, IN THE OFFICE OF THE COUNTY RECORDER OF SAI D COUNTY. APN: 5388 -003-009 SUBDIVfSfON IMPR OVEMENT AGREEMEN T .------------ EXHIBIT "B" LIST OF PUBLIC IMPROVEMENTS PARCEL MAP NO. 71956 SUI3D IVISION IMPRO VE MENT AGREEME NT .-----------~-------- P l-;:E PI\R CD 13Y CGL ~~SOCIATE SJ.t!Q... DATE_Q1/111/13 CHECKED BY ___ DATE __ _ ~~=l~ •i::_:;~: ... r:·:s:. ·~d¥4 ;tt 'iWJ!!l.:~::;~!l \'!}: -.hi'ti'~ ~ w~ \i;-:'~!Wl9i!.·i•ci(Y.. ·t .J:~~ ;'~!·~t''i'~:.;~tl.!.t ~i_t;.<;g,s_tJ. ... t~:i;W~~:l~;t.~t-;;• l!~;:!.il.l[l},'fl~~ !-::---------· Sewer fJ 1ne 4· V.C.P. House l.;.tP.I al Sewer 130 s 82.94 /L .F. l s 10,78 1.59 -~.c.1>. House l.atcr.:tl Sewer ·------s 05.11\ IL .r . a·· V .C.P. Main line Sewer 170 90.47 - -$---~- s /L .F. s 15.379.29 ---.-:.------! 10' V C.P. Main line Sewer s 95.79 /L.F s - i2" V C.P. Mamline Sewe~ s 101.11 /L .F s - ·-1 ~1'' V .'f. P Mam lin~ Se\ver ------s---II F --106.43 s - ·--llf' \ic P. Main-li n e Sewer t:ianhc'n --·----~ k1,1nllOI<~ £lr1x,k ir,:o Existln!-J M:mholc Ext m Dcpt11 Constn1ction Er.:r;~ D G!Jth Cm•s truction (10'-i 2'} • Extr<i D ep!h Cor.stllJcl:on (12'-14'} I Ext ra Oepth Construction (1 4 '-16'} t Fxtra Dc~th C onstructio n(16'-18') I=-L:_~r~Q_cpth Con:->h uc:~io n ( 1 B'_:3.Q:) ___ llrisc.:llaneous h ems Ductile• Iron Pipe (Piir.n l?er linem fool): ~(Jl"· !i(t3. G": $53, H"· Si7 0, '10 "; $7-1, 12": S 85) ,_J:1:1~'. $91, 16"· S!JG. ·J a" & Above: $107) Concrete Encasr:mcn: or Cradle -Spccinl E'lcoscrncnt or Cradle Cxcaval ion in Hock /\ree~s ~!n s table 13eddinfl Jacking Steel Ca sing Orcol(inq Pavement & Resurfacinq-A.C. _ 13rcakinn Pavement & R e surfacing -Corcrcw Oc:ckflow Preventer Vaive C!eanout (6") i r .... _. E't·.·~l•'.'c• tt/'-:11/?.01 I s 11 t. 75 /L.F s 2 s !i,321.55 Cach s s 2.128.62 Et~Cil Is s 11.17 ill-s s 16.49 /l.F. IS s 27.68 /L.F. s s 33 .00 II F. $ s 30.85 /L.r $ ----- /L.F. s ·-· /L.F . s s 27 .68 fl F s s 54 81 /L r s s 27.68 /L.F. s ------s 22 .35 /L.F. s s G02.'10 -TL.F . s s 6.92 /L .F . s --s 12 .24 /l.F s s 388.47 E ac h s $ 778.01 Each s - " ~ ..• -\ t •. s ~I I 1 I. • Subtotal (A) Conlingoncy (15% x (A)= B) lnllation (12% x (A+B) =C) lmprovernPnl Total (A+B+C =D) s I" I t i s s ;,'• I . •. ·. - - 10,6tl3 11 - ------- - - - - - - - - - - - - - - 36,803.99 5,52 0 .60 ~.078.95 47,1\03.54 I " . ~ < ! ' ~ . C I T Y O F T E M P L E C I T Y D E P A R T M E N T O F P U B L I C W O R K S E N G I N E E R I N G D I V I S I O N R O A D S C O S T E S T I M A T E F O R B O N D P U R P O S E S R O A D I M P R O V E M E N T S F O R P A R C E L M A P / T R A C T N 0 . _ _ _ _ _ , 7 c . . . : 1 c o : ; 9 ~ 5 6 = - - - - - - - - - - - - L O C A T I O N _ - - - - = 5 . . . : . . 4 5 " " ' 1 ' - S " ' - ' U = L = - T : . . : . . A . : . : . . N : . . : . . . A . : . . . : A . . : . . 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( 4 " ) - P e r f o r m a n c e G r a d e 1 2 5 $ 1 . 3 7 / S . F . s 1 . 6 5 s 2 0 6 . 1 7 A . C . ( 6 " ) - P e r f o r m a n c e G r a d e $ 1 . 8 4 / S . F . s 2 . 2 4 s - I R B A C - R u b b e r i 7 . e d A s e h a l t C o n c r e t e s 2 . 7 5 / S . F . s 3 . 5 7 s - A . C . ( r e 1 : 1 o v a 1 ) s 2 . 1 9 / S . F . s J O G s . . _ . . - � � - - - - A C . ( c o l d m i l l ) s 0 . 7 7 / S . F . s 1 . 3 2 - s - P . C . C o n c r e t e S i d e w a l k { 4 " T h i c k ) 9 0 0 s 3 . 8 3 / S . F $ 4 . 3 / s 3 , 8 8 3 . 8 0 A l l e : y I n t e r s e c t i o n ( 6 " } $ 1 ! . 0 5 / S . F . s 4 . 6 3 s - C r o s s - G u t t e r ( 8 " ) s 5 . 1 7 / S . f . $ 5 . 8 5 s - ~ c a l D e p r e s s i o n ( 3 ' ' ) s 3 . 9 9 / S . F . s 4 . 6 3 s - 8 0 s 3 . 3 0 / S . F . s $ - D r i v e w a y ( 4 " ) 4 . 2 0 3 3 6 . 1 0 D r i v e w a y ( 6 " - c o m m e r c i a l ) 3 8 0 s 4 . 0 5 / S . 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I S 6 5 . 9 9 s 1 3 1 . 9 7 u s h c d A g g . B a s e ( u n d e r s i d e w a l k , c & q , d r i v e w a y ) 2 0 s 5 4 . 8 1 / C . Y . I S 6 5 . 9 9 s 1 , 3 1 9 . 7 0 j - - - - c r u s h e d A g g . 1 3 a s e ( r e m o v a l ) I - $ 4 6 . 3 0 / C . Y . s 5 5 . 3 4 s - ! . - ~ M i l P o l y e t h y l e n e F i l m M e m b r a n e p o " d e e p ) s 1 1 . 1 7 / l . F . - � 1 ~ 1 3 . 3 1 s - T r t i ! n c h B a c k r ~ ~ l u r r y ( ? . ' / 0 - E - 5 0 0 ) I 3 $ 1 ( 3 - \ . 0 i ' / G . Y . ? : > 3 5 1 s & 7 0 ! i ' l . I - c e s U f e c h v e 0 7 / 0 1 1 2 0 1 2 f ' < ~ g e i o t 2 HOAD IMPROVEMENTS FOR PARCr:L MAPn'RACT NO 71956 ,..., 1 -G,.,..'c_o_t_c_xt-tlc--=-ia...,.b_n_c___ ·---------~--1 s :uo /S.r. s -t .-17 s J..--:G::-u::.:tl--:.r-'tl-7-R-:-'a:;.:.il:---------------I S -lo6.30 /L.F. S 49 49 S GtJicJ~ Markers --------. --__ ·-_ S __ !.:1:~-Ga-:c.,..I_'_+-:S:----:1::-'!i-''·I\~9::-+-::S--·----- Cii<Hn L •nk f-'ence (5') s lUAU /u= s /1.93 s ··Cho;;;c.,.,.,,. to·, · · ··1 ·· ' , " u . s ···-?!l.Ro -s ----_-- s treetTree ··-------·-----· ?. -:~$;--...,5-:;0.:;;0:.:;.0cO=-::r::.:;R.:;_ch,_-l S -500.00 S 1,000.00 AdJust manhole -1 2"/.05 Each S--~04 48 S - l--::1:-_l ..... cc--:-lf\:-:-/c...,l.,...l <1-1-ld.,...C:::::-o-,-.• c-r_s______ ---·---I' S rJ8.98 Each --S ··--. 109.63 s-71§ is I ~=~~~~~~~=~=;u~ec:~r~~=~~~~~~~a=r~~~~;:~=:=;~=~o=r~=~:=~=d~======--· ·_-__ · ---l---------·+-:--:;~=:,~.~~~:;~:~:-::'""~:~~~~:;~.,...l,-1:·==---l -~--~.~;~: ~} -:~5:-------i ~-~~~~~~~L-~~~~----------~----L~~~~~~-~~-~~~~-----1 ----- --. - - jpr~_'!;~~-? ,;-F.:.:a.:cci,_,li_..:..:li..:.c::..s ____________ ·-·-·-S ! Cur""IJ_D...,I_U-::-in--:---=-:-------------l-·---....,---...,..,..,.--=-----.-c::-· _ S ~---Curb Drain, 1 Pipe S I-----"Curb Drain, 2 P1pes ~ Curb Ora1n. 3 P1pcs ~ - . - 3.285 53 Ench -s 1.096 24 s 1,096 ?..:; s '1.424.05 Each s 1_1124 05 s 1.752 .~2 Cnc:h s 1.75? 92 1 -s·3.2as~s-3E~ s 3,?.85.53 P;;;rk'.·:Jy Dr:Jin r~o. I S s . -. Catch Oasla5 S ~~~c~·~~-t~ch~O~n~si~n~N~·o~J-=o~o~.~~N7-~-J~.5;;.:.'~·-· __ --~~~~-------------_· ----=---~--i~s~--~.,~.3~6~t1~.9~G~:-~--·~----~77~-I~s:---------l Catch 8asln No. 300, W-7'·10' S 4 ,933.013 S Each s '1 ,384.DG EGch s 4 ,933 08 -' l--;:;--:--;--=:--:--:-:--'-::--::77:":"-:-:-:-'-·-------------Catch i3asin No. 300. W-14' S 6,029.3~ S ~~--~----~~~~~~~--,----------·--------·------i~-:~~~~~---+~--~~~~r7----------l E<Jch s 6,029.32 -I C;:;tch Basin r·!o. 300, W=17', 2i' s 7,673.68 1-:::-s ____ -l Ca tch O<:!sin f~o . 300, W=2U' ___ SU,?G9--:92 -+-:Sc------I Each s 7,673 68 -6.769 .9~ Each s CaiCf, 13c:sin No. 30 1, W=?' V\i/1 Grate ------·-S 5,4 !11.20 Each S 5,481 20 5 !1-_C,_a:;..;t..:.ch,..--,:B..;;.a..:.s::'-in_r...,.-.Jo:..;.-'3..::0_1.:.., W:-:-c-=_1..;;.0~' lfi..,~':'OI....,l _G,_r..:.a..,.;te;...• ---·--·-------l~S:--..::G~,5:-::7:-::7~.t.:-::,<1:-::E:-'a-'-c-;-h--+S::::----::-6'-:,5-=7-=-7.'-::4-=I.+S:----~--I CutchBasinNo.301.V.J=14'\f+J/1 Grute S -1.125.56 Each S 7,125.56 S -~--~~~~~~~~~~~~=~------+-----1 . I_ C<~k;ll B<o~in ~~o . 30 1, W=14' W/2. Gral•J -----~----· -----i-S:::--:-:U..;;..?::-:2:-:1,..,.8=-0:--::F::--a-c7h--+.,.S---:""8"':.?,.-::./-=1-,B:-O_~~--::-S::-_--_-_-_-_-_-_-_-_-I-i ! C;1tchOosipNu30 1.W=21'WI2Grnh• S 9,13GG.1 5 t:och S 9,8Gfi15 S • I c~tch Basin No. 301. \fli=.21l'-irlii?. Grate s 12.058.64 Each---s ·-1'2.058.6/, f-5----~ 1 Catcll8asinNo.301,W=21'W/3Grales S 12.058.64 Each S 1 2.058.64 S -,---=c~~~~c~t-,=s-=-a::.;si~n7N~o~.~J=o~1.~\7N,-=~2~8'~1f1.7J~/=3~G~~=-a t~c~s--------~l---------+~s-,;-13~.715~4~.=a8~E~-a~c~h~-+-:s:----,~3~,1~5~~~.a~a~=s--------_-4 STREET IMPR OVEMENT SUBTOTAL (A) S ill,894.02 ·1!~N£frft;~.t'%U~~~~~,E~·~~t~1l~~~~.ffi~E§Tii:lGR'(I!fGJ~\~t~f~:t;~~~l~~'!L~~1lW~~~mMi'f~:lt ~-.w !== /(CIII 011.1/ltity Unit Cos t To t;~ I Cosc :>$!>0k Un it PIICll <$50k Unit Pdco ----! Str eet Lights 1 s 3 .000.00 Each IS 3.000.00 s 3,000 00 STR EET LIGH TI NG SUBTOTAL (B) s 3,000.00 Su btotal ( C) $ 21,8911.02 Contingency (1 5% x C = D) $ 3,284 .10 lnflalion (12% x (C) = E) $ 2,627.28 . 1rnprovcmcnl Tolnl (C+D~ E-F) s 27,805.-1 1 TO TAL !Sll!·~;?.z~aQm~t~"; Page 2 of? EXHIBIT "C " SURETY BONDS AND OTHER SECURITY PARCEL MAP NO. 71956 As evidence o f understanding the provisions contained in this Agreement, and of the Develop e r 's ply with same, the Developer has s ubmitted the below describ ed se curity in the red by this Agreement, and has affixed the appropriate s igna ture s thereto : intent to com amounts requi PERFORMA NCE BOND PRINCIPAL AMOUNT: $ 75,208 .95 --~~~----------Payment: Cashier's Check Number: Date Deposit: i 0 /t 4-! 2014 MATERIAL AND LABOR BOND PRINCIPAL AMOUNT: $ 75 ,208.95 Payment : Number: Date Deposit : CASHMON UMENT SECURITY: Amount depo sited per Cash Receipt No. N / A ------Date: N/A ....;;_~----- SUB DIVISION IMPROVEMENT AGREEMENT EXHIBIT "D" LIST OF PARCEL MAP CONDITIONS OF APPROVAL [Attached) SUBDIV ISION IM PRO VEMENT AGREEMENT RESOLUTION NO. 12-2366 PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY APPROVING CONDI TIONAL USE PERMIT NO . 12-1817 AND TENTATIVE PARCEL MAP NO . 71956 TO ALLOW THE DEVELOPMENT OF A RESIDENTIAL CONDOMINIUM PROJECT CONSISTING OF THREE (3) DETACHED DWELLING UNITS AT 5451 SULTANA AVENUE. THE SUBJECT SITE IS LOCATED IN THE R-2 ZONE AND IS DESIGNATED AS MEDIUM DENSITY RESIDENTIAL BY THE GENERAL PLAN . (GARY LAI/HANK JONG) The Planning Commission of t he City of Temple City does hereby resolve : SECTION 1. Based upon a public hearing for a Conditional Use Permit and Tentative Parcel Map as described above, the Planning Commission finds: CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size, shape, topography and circumstances in that the site is regular in shape and relatively level in grade, and has a land area large enough to accommodate the proposed development; and 2 . That the site has sufficient access to streets and highways, adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use in that the site is a residential corner lot with two abutt ing streets, both of which are constructed to carry the type of traffic generated from the area. Vehicular access is proposed to be taken from both streets (Sultana Avenue and Rancho Real Road), as well as the 20-foot alley located on the north , which will help minimize the number of curb cuts on any single street; and 3. That the proposed use will not have an adverse effect upon the use, enjoyment or valuation of adjacent property or upon the public welfare in that the proposed project is consistent with its General Plan designation as well as development standards prescribed by the Zoning Code . Off-street parking is adequate and the proposed density of 11 units per acre complies with the 12 units per acre maximum density allowed by the General Plan. TENTATIVE PARCEL MAP 1. That the design and improvement of the proposed subdivision is consistent with the City's General Plan, Zoning Code as well as the requirements of the State Subdivision Map Act , Sections 66473 .5, 66474 and 66474.6; and 2. That the site is physically suitable for the proposed type of development and the proposed density of development; and Res olutio n 12-2366 PC Condi ti onal Use Perm it 12-1817 Tentative Parcel Map No . 71956 Page2 3. That the division and development of the property in the manner set forth on the map of Parcel Map 71956 shall not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights of way and/or easements within the Parcel Map; and 4. That the sewer discharge from the proposed subdivision would not result in a violation of the existing requirements prescribed by the California Regional Water Quality Control Board pursuant to Divis ion 7 of t he Water Code. SECTION 2. This project is categor ically exempt from CEQA requirements pursuant to Section 15315 of CEQA Guidelines (Minor Land Division). SECTION 3. Accordingly, the Conditional Use Permit 12-1817 and Tentative Parcel Map No. 71956 are approved, subject to the following cond itions: PLANNING 1. The proposed development shall be in substantial compliance with the submitted developme nt plans and Tentative Parcel Map 71956 dated October 1, 2012 and July 30, 2012 respectively, except as modified herein . 2 . A detailed landscape and irrigation plan shall be submitted prior to the issuance of building permits . At least two trees shall be provided for each dwelling unit; said trees shall be no le ss than twenty-four inch (24") box-si ze trees. 3. All development standards app licable to multiple-family residential construction as defined in Sect ion 9352 of the Temple City Zoning Code shall be adhered to at all times. 4. The front yard along Sultana Avenue as we ll as Rancho Real Road shall be planted and maintained until the dwellings are individually sold and shall be continuously maintained thereafter. 5. A chain link security fencing six (6) feet in height shall be installed around the site prior to the demolition of existing structures . The chain link fence shall remain until the required block wall (or decorative fence) is constructed . Any unoccupied dwelling shall be boarded and fenced so as to prevent vandalism . Resolution 12-2366 PC Conditional Use Permit 12·1817 Tentative Parcel Map No. 71956 Page 3 6. A grading and drainage plan shall be submitted and approved by Los Angeles County Public Works Department or the City's Community Development Department prior to installation of any new block wall. A screening wall or fence may be constructed around the perimeter of the site provided said wall or fence does not interfere with the natural flow of drainage; said wall or fence may consist of secured, decorative vinyl material, or solid decorative block fencing which does not disrupt or alter the drainage pattern. Any new block wall shall be slump stone, split face or stucco-over CMU. Chain link or wood fencing shall not be allowed. The maximum fence or wall height shall be six (6) feet along the side or rear property lines and three (3) feet in the front yard area. 7. A building permit shall be obtained for the construction of any new wall or fence. Any existing wall or fence may be maintained, if deemed acceptable by the City's Building Inspector. Prior to the installation of any new wall or fence, a grading and drainage plan shall be submitted and approved by the Los Angeles County Department of Public Works. No new wall or fence shall block contributory drainage from adjacent properties or interfere with the natural drainage pattern of the site. 8. The applicant/property owner shall maintain the subject property from this date and until the project is completed free of weeds, debris, trash or any other offensive, unhealthful and dangerous material. If the applicant/property owner fails to adequately maintain the property in violation of this condition, the City may abate the nuisance in accordance with Title 4, Chapter 2 of the Temple City Municipal Code, and/or revoke this Conditional Use Permit in accordance with Section 9230 of the Temple City Municipal Code. 9 . Noise shall not exceed the limits of the City's noise ordinance. During any demolition and/or construction, noise will be controlled by limiting work on the site to 7:00am through 6:00pm , Monday through Saturday and by requiring all trucks and motorized equipment to have properly operating mufflers . No construction work shall occur on Sunday . 10. Based upon an assumed traffic generation factor of 10 trips per day per dwelling unit, the proposed development will require 6 .8 credits per additional dwelling unit being added. This project will result in two (2) additional dwelling units.Based upon an estimated value of $55 per credit , a Congestion Management Program fee shall be paid in the amount of $748 prior to the issuance of building permits. 11 . The Park Development fees of $500 per dwelling unit and the Sewer Reconstruction fee of $2,500 per dwelling unit shall be paid to the City of Temple City prior to the issuance of building permits for any new construction. 12 . As provided for in Government Code Section 66020, applicant has ninety days from the date this project is approved to protest the imposition of any fees, dedications, reservat ions , or exactions imposed on the project for the purposes of Resolution 12-236 6 PC Condi ti ona l Use Permit 12-1817 Tentative Parcel Map No. 71956 Page4 defraying the costs of public improvements, services or ame nities. This condition shall serve as the notice the City is requ ired to provide applicant under Section 66020(d)(1 ). 13 . All win dows shall be double pane to mit igate noise impacts and assist in energy conservation. 14. Heating and air conditioning equipment shall be located so as not to be vis ible from public streets or adjacent properties in order to avoid disturb ing adjacent ten ants or property owners with noise or exhaust. 15. Preserve the 36" oa k tree on the south west corner and the two 12" oak trees on the northeast corner of the property. Construction work shall consider the protected area defined by a 15-foot radius from the center of the trunk and/or 5 feet beyond the drip li ne . Impact shall be mini mized and mitigated when encroachment int o the above-defined protection zone is inevitable. A common practice is to consolidate utilities in a number of conduits and trenches. ENGINEERING 16. Prior to the issuance of building permits , plans must be approved to : a) Eliminate sheet overflow and pond in g. b) Provide for contributory dra in age from adjoining properties . c) Provide for the proper d istri bution of dra inage. 17 . That a method for contin ual maintenance of common areas shall be provided in the Covenants , Conditions and Restrictions (CC&R 1s) and that this document shall incorporate maintenance provisions for curb /parkways drains, perimeter block walls, driveways, the exter ior of all structu res and all yard areas determ ined by the C ity to be common yard areas. The CC&R 1s shall specifically state that "No vehicular access gates shall be installed across the driveway unless reviewed and approved by the Planning Commission". The CC&R's shall also proh ibit the construction of structures in private yard areas or exclusive use areas, with the exception of patio covers; said patio covers shall require the permission of the Association and comply with all applicable development standards of the City. The CC&R's and provisions contained therein shall be subject to the review and approval of the City Attorney prior to approval of the Final Map. 18. A grading plan and detailed soils engineering report must be su bm itted and approved by the Community Dev el opmen t Department pr ior to approval of t he final map to assure that all geo log ic factors have bee n properly evaluated. Resolution 12-2366 PC Conditional Use Permit 12-1817 Tentative Parcel Map No. 71956 Page 5 19. A drainage plan must be approved prior to installation or posting of a bond for the perimeter block wall and prior to recordation of the final map. The drainage plan must demonstrate that the site will be free of flood hazard and provide for contributory drainage from adjacent properties. (The drainage plan and the grading plan may be submitted in combination.) Said drainage plan shall not include pad fill greater than twelve inches (12") in height measured from the natural grade at any point on the subject lot. The final grading and drainage plan shall be reviewed and approved by the Community Development Department prior to issuance of a grading permit. 20. The subdivider shall install a main line sewer and serve each building with a separate house lateral or have approved and bonded sewer plans on file with the Los Angeles County Public Works Department. 21 . The subdivider shall submit an area study to the Los Angeles County Public Works Department to determine if capacity is available in the sewerage system to be used as the outlet for the sewers in this land division . If the system is found to have insufficient capacity , the problem must be resolved to the satisfaction of the Los Angeles County Public Wo rks Department. A sewer improvement fee may be imposed to address an existing sewer capacity deficiency, which has been identified in this area . 22. The discharge of sewage from this land division into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code . 23. Prior to the final map approval, the subdivider shall enter into an agreement with the City franchised cable TV operator to permit the installation of cable in a commo n utility trench. 24 . Construct or bond for a water system with appurtenant facilities to serve all buildings in the land division prior to recordation of the final map. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows. 25 . There shall be filed with the Los Angeles County Public Works Department or the City's Com m unity Developme nt Department a statement f rom the water purveyor indicating that the water system will be operated by the purveyor and that under normal operating conditions, the system will meet the requirements for the land divis ion, and that water service will be provided to each bu ilding. 26. Easements shall be granted to the City, appropriate agency or entity for the purpose of ingress , egress construction and maintenance of all infrastructures Resolut ion 12-2366 PC Con diti ona l Use Permit 12-1817 Tentat ive Parcel Map No. 7195 6 constructed for th is land division to the satisfaction of the City Engineer. Page6 27. A deposit is required to review documents and plans for final map clearance in accordance with Section 21.36.010(c) of the Subdivision Ordinance . 28 . Place a note on the final map to the satisfaction of the Community Development Department indicating that this map is approved as a re sidential condominium development for three (3) units. 29. Prior to final approval of the Parcel Map, submit a notarized affidav it to the C ity's Community Development Department, signed by all owners of record at the time of filing of the map with the County Recorder, stating that the proposed condominium buildings have not been constructed or that the building has not been occupied or rented and that sa id building will not be occupied or rented until after the filing of the map with the County Recorder. 30 . A Final Map (Parcel Map) prepared by, or under the d irection of, a registered civil engineer or licensed land surveyor must be processed through the County of Los Angeles Department of Public Works prior to being filed with the County Recorder. 31. Private easements shall not be granted or recorded within areas proposed to be granted , dedicated, or offered for dedication to the City until after the final map is filed with the County Recorder unless such easements are subordinate to the proposed grant or ded icat ion. If easements are granted after the date of tentative map approval, a subordination must be executed by the easement holder prior to the filing of the final map. 32 . If signatures of record title interests appear on the final map, submit a prelim inary title guarantee. A final guarantee will be required at the t ime of fil ing of the final map with the County Recorder. If said signatures do not appear on the final map, a preliminary title report/guarantee is needed that covers the area showing all fee owners and interest owners. The account for this preliminary title report/guarantee should remain open until the final map is filed with the County Recorder. 33 . Prior to submitting t he final map for examination pursuant to Section 66442 of the Government Code, obtain clearances for the following mapping items: mathematical accuracy, survey analysis, and correctness or cert ificates, signatures, etc. Reso luti on 12-2366 PC Conditional Use Pe rmit 12-1817 Tentati ve Parcel Map No. 71956 Page 7 34 . At the time of issuance of a building permit, the subdivider agrees to develop the property in conformance with the submitted plans , the City code and other appropriate ord inances such as the Building Code , P lumbing Code , Gradi ng Ordinance, Highway Perm it Ordinance , Mechanical Code , Zoning Ordinance, Undergrounding of Utilities Ordinance, Water Ordinance, Sa nitary Sewer and Industrial Waste Ordinance, Electrical Code, and Fire Code. BUILDING AND SAFETY 35. Building permits are to be obtained for all demolition work. 36 . Abandoned sewer lines are to be capped within five (5) feet of the front property line . 37 . Each new building must have a separate connection to the public sewer. FIRE PROTECTION 38. Provide water mains, fire hydrants, and fire flows as required by the County Forester and Fire Warden for all land shown on the map to be recorded . 39. Provide Fire Department and C ity approved building address numbers prio r to occupancy . 40. Fire Department access shall extend to within 150 feet distance of any portion of structures to be built unless waived by the Fire Department. 41. Fire hydrant requirements are as follows : Verify/Upgrade one public fire hydrant. If the existing hydrant meets the fire flow requirements, upgrade may not be required . Submit fire flow test results to the Los Angeles County Fire Department for approval. 42 . All hydrants shall measure 6" x 4" x 2-1/2 " brass or bronze , conforming to current AWWA standard C503 or approved equal . All hydrants shall be installed a min imum of 25 feet from a structure or protected by a two (2) hour fire wall unless as approved otherwise by the Los Angeles County Fire Department. 43. All required fire hydrants shall be installed , tested and accepted or bonded for prior 44. to recordation of the final map. Vehicular access must be pro vi ded and mainta ined serv iceab le throughout construction . Access shall comp ly wi th Section 10 .203 -10 .206 of the Fi re Code , wh ich requ ire s a ll weather access . All weather access requ ires paving. Re soluti on 12-2366 PC Condit ional Use Pe rmit 12-1817 Tentative Parcel Map No. 71956 PUBLIC WORKS Page 8 45. Curbs and gutters: Driveways t o be abandoned shall be replaced wi th standa rd curb, gutter and/or sidewalk. Repair any broken or damaged curb, gutter and pavement on streets with in or abutting the subdivision . 46. Sidewalk and improvements in right-of-wa y: Construct a 5 feet sidewalk along the inner side of right-of-way on Sultana Avenue and Rancho Real Road. Provide ADA access around all po int of obstructions fronting the property on Sultana Avenue and Rancho Real Road to the satisfaction of the Community Deve lopment Department. 47. Dedications: Dedicate a corner cut off at the intersection of Sultana Avenue and Rancho Real Road to the right-of-way and construct a curb ramp to comply with the standards provided in the Guidelines of the Ame ric ans with Disabilities Act. 48 . Street Lights : Street light(s) shall be installed on Sultana Avenue to the standards and satisfaction of the Community Development Department. 49. Street Trees: Plant two Chinese Tallow trees in the right-of-way on Sultana Avenue to the satisfact ion of t he Commun ity Development Department. 50 . Surface Drainage : Provide all facilities necessary to accommodate cont ri butory runoff and all surface drainage from the subject property and conduct it into appropriate storm dra in facilities. No runoff shall be allowed to drain across a public sidewalk . 51. Underground Utilities : All utilities shall be prov ided underground from a primary service point in the public right-of-way or on a rear property line, to service panels or facilities on bu ildings . Prior to issuance of building perm its, provide to the City's Community Development Department a detailed utility plan for review and approval showing all ut ility pipes, wires and conduits and their respective po ints of connection. 52 . Permits: Show on plot plan all right-of-way improvements from centerline of street to property line. Permits shall be obtained from the Los Angeles County Public Works Department prior to commencement of any work in the public right-of-way. All work in the public right-of-way shall meet Los Angeles County Pub li c Works Department standards. Resolution 12-2366 PC Conditional Use Permit 12-1817 Tentative Parcel Map No. 71956 Page 9 53. Disposal of Construction Waste: No construction activity waste material of any kind, including plaster, cement, paint, mud, or any other type of debris or liquid shall be allowed to be disposed of in the street or gutter, storm drain or sewer system . Failure to comply with this condition will result in charges being filed with the District Attorney . (TCMC 3400-3411) 54. Solid Waste Management: Prior to issuance of Certificate of Occupancy, provide a written report to the City's Community Development Department showing description and quantity by weight of all construction and demolition debris and method and location of disposal. Solid waste includes asphalt, concrete, brick, sand, earth, wood, plaster, drywall, paper, cardboard, wire, plastic, etc. Total quantities and general categories are all that is currently required. 55 . Stormwater Pollution: The subdivider shall meet all requirements of the National Pollutant Discharge Elimination System (NPDES) related to pollutants, runoff or non-stormwater discharges (TCMC 81 00-8405). SPECIAL REQUIREMENTS 56. The building construction plans on each lot shall include a blue-line sheet(s) showing each page of this Resolution, including all conditions of approval contained herein. 57 . All existing structures on the subject site shall be removed prior to recordation of the final map. 58. No building permits shall be issued until the final map has been recorded . Demolition permits for site clearance and grading permits may be issued at any time. 59. In completing the drainage and/or grading plan, the Planning Commission shall review, at a noticed public hearing, any proposed drainage plan if more than 12 inches of fill is proposed on the subject property. 60. Provide decorative brickwork or interlocking pavers in the proposed driveway to the satisfaction of the Community Development Department. 61. The conditions of approval contained in this Resolution may be enforced by the Sheriffs Office as well as City staff. Any violation of any condition is a misdemeanor and may be processed directly by criminal complaint. Resolution 12-2366 PC Conditional Use Permit 12-1817 Tentative Parcel Map No. 71956 Page 10 62. The legal description on the final parcel map shall be reviewed and approved by the Land Development Division of the Los Angeles County Public Works Department or the City's Community Development Department. 63 . This Resolution shall not become valid until all responsible parties have signed and agreed to the aforementioned condition of this Resolution. 64. The Tentative Parcel Map shall expire 24 months from the date of approval. If the final map is not to be recorded prior to the expiration date, the subdivider should apply in writing to the Community Development Department at least forty (40) days before the expiration date for an extension of time on the approval of the map. The granting of any extension of time to record the final map shall be at the discretion of the granting body. 65. There shall be installed a separate water meter for each dwelling unit as well as a separate meter for common irrigation, if applicable. SECTION 4. The Secretary shall certify to the adoption of this Resolution . Chairman I hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Temple City at a regular meeting held on the 81h of January, 2013, by the following vote : AYES: NOES: ABSENT: ABSTAIN: Commissioner-Cordes, Curran, 0' Leary, Horton Commissioner- Commissioner-Leung Commissioner- Secretary Resolution 12-2366 PC Conditional Use Permit 12-1817 Tentative Parcel Map No. 71956 READ AND APPROVED AND CONDITIONS ACCEPTED: -~ Property Owner/Applicant Date ( I Engineer/Hank Jong Date Page 11 Attachment B SHEET 1 OF 2 SHEETS 1 PARCEL 11,228 SQ. FT. P ARCEL MAP NO . 71956 IN THE CITY OF TE MPLE CITY COUNTY OF LOS ANGELES, STATE OF CALI FORNIA B EIN G A SU BDIVISION OF LOT 8 OF BLOCK A TRA CT NO. 11218, AS PER MAP RECORDED IN BO OK 202, PAGES 47 AND 48 OF MAPS, IN THE OFFICE OF THE COU NTY RECOR DER OF SAID COU NTY FOR CON DOMINIUM PURPOSES OWN ER'S STATE MENT: \\£ HERfllY STAlt: lHAT \\£ ARE lHE OWN ERS ~ OR ARE IH"Jt:RESTEO IN lHE LAN DS INClUDED WllHIN 1li£ SUBDI VISI ON SHOWN ON THIS I.!AP WllHI N THE OIS11NC11~ BORDER UNES. AN D \\£ CONSENT TO lHE Pf!EPARATION AND FlUNG ~ SAlO I.!AP N'll SUBDIVISION. WE HEREBY OEDICA IT TO THE PUSUC USE AU. STR£ETS. AU.EYS, HICHWA YS, AND OTHER PU8UC WAYS SHOv.N ON SAID WAP . WE HEREBY DEDICA "It: TO 1li£ CITY Of Jt:I.!PL£ CITY 1HE EASEiofDITS fOR SIOEWAU< PURPOSES. YU KVAN UN. HSIAO UNC CHANG. REX UN. ANO CARY K. l.AI, TRUS"Jt:E Of 1li£ LONGO IN\IESTI.(ENT INC. RETlREMENT TRUST DAlt:D 12(7/2000 (OWNERS) YU KUAN UN REX UN ST A "It: Of c.AUfORNIA COUNTY Of ) )SS HSIAO 1.»4C OiANC CARY K. l.Af, TRUSTEE ON &TOR£ ME.-:;;;;;::;;:;;;;:;;:;:;:::;;::;;::;;;:;::;;;:-A NOTARY PUBUC. PERSONAlJ. Y APPEARED·" .,..-,,..,-,....,.,-,----:,.-.,-...,..--v.t!O PRO-TO ME ON THE BASIS~ SATISfACTORY EY.DENCE TO BE THE PERSOti(S) 'MiOS£ N ... E{S) IS/ARE SUBSCRIBED TO lHE WllHIN INSTRVMENT ANO ACICNO\IIUDC[D TO I.!E THAT H£/SI£/IHEY EXECUTED THE SAM E IN HIS/)fER/IHElR AUTHORIZID c.APACITY(IES), AND THAT BY HIS/)fER/IHEIR SIGNA 1\JRE(S) ON lHE tiSTRUt.tENT THE PERSOti(S), OR 1li£ ENTITY UPOII BEHALf OF v.t!ICH THE PERSON{S) ACTED, EXECUTED lHE INSTRUMENT. I CERTlfY UNDER PENALTY Of PERJJRY UNDER THE LAWS OF lHE STA"Jt: Of c.AUFORNIA lHAT THE fOREGOING PAR AGRAPH IS tRUE AND CORRECT. WITNESS I.V HAND AND OfFlOAL SEAL. STArr Of CAUFORNIA ) COUNTY Of ) SS 9CNA~~[:;:;;:;;:;;;;;;~ N AME~ NOTARY PUIIlJC IN AND FOR SAlO STArr l.I Y CQUJ.I\SSION HUWBER -:;~:;;~::,.-MY COW M1SS10N EXPIRES ::: MY PRINCIPAL PLACE Of BUSI NESS IS IN -------COUNTY ON BEFORE ME,-:;;;;:;;;;:;;:;:;::;;:::;;:;:;;;;:;;:-A NOTARY PUBUC, PERSOtiAU.Y APPEARED . ..: --=-:-=--=--,.-,:-WHO PR O\'m TO liE ON THE BASIS Of ~r~~:'i.r::r~J~ ~~~~:~~sl~~o ~~~AT HE/SHE/THEY EXECUTtll lHE SAME IN H1 S/)fER/IHEIR AUTHORIZED CAPACITY(IES), ANO lHAT BY HIS/)fER/IH£11 SI GNATU RE(S) ON THE INSTRUMENT THE PERSOti(S), OR THE ENTITY UPON BEHALf Of WHICH THE PERSON(S) ACTED, EXECUTED TH E INSTRUMENT. I CERTifY UNDER PENALTY Of PER.A!RY UNDER THE LAWS OF THE STA 1£ or CAUfORIIA THAT THE fOREGOING PARAGilAPH 1S TRIJ£ AND CORRECT. "'THESS MY HAND AND OfFlOAL SEAL CONDOMINIUM NOTE SIGNATU~~~~;;;;;::;;;:;~ NAME f'R!.NTED NOTARY PUBUC IN AND FOR SAID STATE IIY COMMISSION NUMBER -::;;:;;;;:;;;:::,._ MY COWWISSION EXPIRES ;:: MY PRINQPAL PlACE Of BUSI NESS IS lN -------COUNTY THIS TRACT IS APPROVED AS A CONOO<IINIUI< PRO..CCT, FOR n<Ra: UNITS, v.t!ERDlY lHE 0\\NERS OF TH E UNI TS Of AIR SPACE "'U. HOlD AN UN DIVIDED INTEREST IN lHE COI<MON AREAS TH AT WIU. IN TURN, PROVIDE THE NECESSARY ACCESS AND UllUTY EASEMENTS FOR THE UNITS. SURVEYOR'S STATEMEN T: lliS MAP WAS Pf!EPARED BY ME OR UNDER MY DIRECTION AND 1S BASED UPON A TRIJ£ AND CDMP1£lt: FlELO SUR~ PERfORMED BY ME OR UNDER MY OiRECTlOt< IN OC TOB€R, 2009, IN CONfORMANCE WITH THE REOUIREMENTS or THE SUBDIVISION MAP ACT ANO lDCAl. ORDINANCE AT lHE REQUEST ~ YU KUAN UN, ON OCTOBER 5, 2009. I HEREBY STA"Jt: lHAT 1H1S PARCEL loW' SUBSTAN11AU.Y CONfORMS TO THE APPRO\IEO OR CONOITlONAU.Y APPRO\'m TEN TATl~ MAP, F ANY: THAT ALL 1HE MON\IIAENTS AR£ ~ THE CHARACJt:R AND OCCUPY THE POSillONS INDIC-ATED; THAT SAlO NONUNENTS AR£ SUfl1CIDfT TO ENABU: lHE SUR~ TO BE RETRACED; AND THAT T1E MOTES fOR AU. con£JIUN£ MONUMENTS OR fOR AU. CENrrRUNE T1E MONUMENTS NOTED AS "SET" ARE ON FlLE IN THE OffiCE Of THE CITY ENGINEER. BASIS OF BE ARINGS THE BEAR1NGS SHOWN HEREON ARE BASED Of< THE BEARING N8i'43'40"W Of lHE OENJt:RUNE Of BROADWAY AS SHO\\N ON MAP Of TRACT NO. 11218 R£COROED IN BOOK 202, PACES 47 AND 48, Of MAPS, RECORDS Of SAlO COUNTY. CITY ENGI NEER'S CERnFlCA TE: I HEIUl!Y CERTlfY lHAT I HA~ EXAMINED THIS MAP; THAT IT CONfORt.tS SUBSTANTlAU. Y TO THE TENT A Tl~ IU.P AND ALL --AL 1DV. T10NS lHEREOf; lHAT AU. PflOVISIONS Of lH£ SUBDIVISION MAP ACT AND SUI!()fi.<SION ORDINANCES Of THE CITY Of rrMPLE CITY APPUCABLE AT THE TalE Of APPROVAl. Of THE TENTATl~ loiAP HA~ BEEN CDMPUED WITH; ANO lHAT I AM Sll TlSFlED TH AT THIS MAP IS Jt:Q!NICAU. Y CORRECT. DATE DA\1ll B. RAGt.AND NE'J\LlE PEREIR A CITY ENGINEER ON 8ENALf Of THE CITY ENGINEER LS 5173 ElCPIR£So6/15 /2015 SPECI AL ASS ESSMENTS CERnFlCA TE : I HEREBY CERllfY THA T AU. SPECIAL ASSESSioiENTS LEVIED UNDER lHE ..uRISDlCTlO!< Of THE CITY Of Jt:l.!pt£ CITY TO WHI CH THE LAND INQ.UDEO IN THE WITHIN SUBDIVISION OR ANY PART THEREOF IS SUB.E:CT, N'll WHICH MAY BE PAlO IN fUU. HA~ BEEN PAlO IN fUU.. CITY TREASURER -CITY Of Jt:t.tPLE CITY OA"Jt: CITY CLE RK'S CERnFlCA TE: I HEREIBY CERTifY THAT THE CITY COUNCIL Of lHE CITY Of TEMpt£ CITY BY MOTION PASSED ON APPRO-lHE ATTACHED MAP AND 010 ACCEPT lHE OEDlc.A TlON Of lHE STREETS, AU.EY, ANO lHE EASEWEHT FOR SIOEWAU< AS SHO"" ON 1HE ATTACHED N AP. CHY dD8< dTY OF fEPPli dTY bAft ~~~eri, ~WI~A~~cirn~ ~~~6,:0 tr;-;:;SUPEIMSORS===;-;;Of;=-;THE COUNTY Of LOS ANCE1£S AS SECURITY FOR lHE PAYM ENT Of TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAN D SHOWN ON MAP Of PAROEI. MAP NO. 7 1958 AS REQUIRED BY LAW. E»:CUll~ Off1C£R, BOARD OF SUPERVISORS Of THE COONTY Of LOS ANCEU:S. STA TE OF c.AUFORN IA DAft I HERfllY CERllfY THAT ALL CERllf1CAJt:S HAVE BEEN FILED ANO DEPOSITS t<AVE BEEN MADE lHAT ARE RECUIR£D UNDER THE PROVISIONS Of SECTlO!<S 156492 AND 66493 Of THE SUBDIVISION MAP ACT. EXECU11~ Off1C£R, BOARD OF SUPERVISORS Of lHE COUNTY OF LOS ANGELES, STAIT Of c.AUFORNIA SCALE: 1 "= 20' PARCEL MAP NO. 71956 IN Tl-iE CITY OF TEM PLE CITY COUNTY OF LOS ANGE LES, STATE OF CAU FOR NI A INDICATES lHE BOUNDARY Of" lHE LAND BEING SUilOI\IIOEO BY TitS MAP. • IOCAD FIUCl -...e<T AS 1101ED Q lOCATES lET -...e<T AS N01!D ( ) /!OCAla l£lXR) DATA 1'0 1RACf NO. 11218, II.B. 21JZ/4'Ha SI'IC NfJ 4 CAL 'IRNtS 1ES 1111 IT POl U CO. l'tf8 \G PI« lJ4J. AIXB'1ED AS Cl. IIIIRET1CJl FD.IIll.ll<k WTH BRASS Cll' SIMI'!D CO. EIIQt R.E. MU llllolf'EitUCO. Qf1l \5\4 PI« 34. ACCil'1ID AS c.L HmtSEC1IOH. lET 4L.aT TNIGEKT 1Eli. TNlGII) lS - FOR CONDOMI NIU M PURPOSES UNE TAilU UNE lmGTli BEARIHC l\ 6.7 ,. S23~0'26"W l2 6.71' S21r5T22"E CUR VE TABlE C1 370.00' 3.67' BROADWAY 5J9.2T NOT A PART OF THIS SU BDIVISION \\,805 SO. FT. GROSS 11 ,228 SO. FT. H£T SHE ET 2 OF 2 SH EE TS ~ \ FD.IIlJ.II<kWTH BRASS Cll' STAif'm co. EIIQt R.E.- 1111 a.T P!1t u co. CSFI l.5t4 PilE. rl. _,..,., .. Cl. lll1fl!S(tTQ(